1 responsibilities and transparency in arms export controls - prolegomena - nineta bărbulescu,...
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Responsibilities and Transparency
in Arms Export Controls
- Prolegomena -
Nineta Bărbulescu, State SecretaryPresident of the National Agency for Export Controls
March 30th, 2004
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Motto
Export Controls is almost ”invisible” when it is well conducted and safety practiced. However, during challenging times as we are living after September 11, 2001, export controls became more and more a visible tool for implementing active non-proliferations policies and for combating international terrorism.
For state reasons, the export controls officials have to assure that it will not became a battle of indigenous political dispute.
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Content
1. Terminology2. Responsibilities in Export Controls3. Parliamentary Control over Export Controls4. Transparency in Export Controls 5. Romanian Experience in Export Controls Transparency 6. The Way Ahead for Parliamentary Control over Export Controls
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1. TerminologyExport controls
trade perspective of the international securitynon-tariff barrier for the international trade Control over export, import, re-export, international transit, transshipments operations control, other non-commercial or brokering operations with strategic items and technologies
Strategic Items
National Export Control System
ANCEX National Authority
Principles
Legislative framework
Mechanisms
Control, authorization and licensing procedures
Sanctions
Inter-institutional Councils
ARMS DUALUSE
•MILITARY•DUAL USE
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2. Responsibilities in Export ControlsProliferation of WMD
Terrorism irradiation
New political threats
International instruments for addressing and preventing these threats are:
Multilateral treaties + international verification mechanisms
National + international coordination in export controls
Sanctions + restrictive international measures mechanism
International cooperation in the field of non-proliferation
Threats for the international security
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Responsibilities in Export Control
The Government is entirely responsible for export controls policy and practices The Government is political responsible in front of the Parliament The Parliamentary oversight on Export Control is a direct consequence of the democratic principle of representationStates and even international political organizations are responsible for
transfers of military items/technologies inter secontrolled proliferation of WMD and their means of deliverypreventing and countering terrorism effectiveness of the national export control systems
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3. Parliamentary Control over Export Controls
A Post Factum control byThe implementation of the Government Program The implementation of the national defense and counterterrorism strategiesOther parliamentary procedures• The question mechanism• The interpellation mechanism• The inquiry
Motion Vote of censure
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3. Parliamentary Control over Export Controls II
During exercising legislative function by
Exercising the right of legislative initiative
Examination and consideration of the draft law • Within the parliamentary commissions or during the
plenary sessions
Art.65, para.(2) Romania Constitution
The Parliament approves national defense strategy
The Parliament exams reports from The Supreme Council for National Defense
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4. Transparency in Export controlsStability between transparency in export controls and strategic items transfers ethics are conditions sine qua non of a responsible politicsKarl von Wogau, European rapporteur for the provisions of the EU Code of Conduct on arms exports implementation, noted: “Maximum transparency is an essential prerequisite for democratic accountability as the best guarantee of peace and stability”. Reliability of export controls = inter alia coherence and inter-relationship between
Strong political willLicensing expertise and inter-agency cooperationGrowing enforcement capabilities
There are few lessons learned (e.g. Government outreach to Industry)
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Limits of Export Controls
Globalization of international trade Cheap and widely available technology Indigenous programs R&D for strategic items and technologyBorders limited controlsNew technology supplier statesUnlicensed or illicit production of strategic itemsThe behavior of supplier states is difficult to be modified
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Le
vel
of
Tech
nolo
gy
New York 2001Bali, Kenya 2002
Madrid, Spain 2004
Moscow2002
London 2003
Anthrax 2002
Oregon 1984Aum Sect 1995
Means of Terrorism
ExplosivesSALW Toxic chemical
products
Food contaminationSalmonella
SarinVXAerosols BW
WMD inmilitaryquantities
Limits of Export ControlsLevel of Technology Used in Terrorist Attacks
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Country UN European Union OSCE
Afghanistan (talibans) 2000
Talibans , Al-Qaida, Usama Bin Laden
20022004
2002
Armenia 1993 non mandatory 1992
Azerbaidjan 1993 non mandatory 1992
Bosnia and Herzegovina 2001
Congo 2003 2002
China 1989
Iraq 2003 2003
Libya 1999
Liberia 2003 2004
Myanmar 2003
Rwanda 1995
Sierra Leone 1998 1998
Somalia 2002 2002
Sudan 2004
Zimbabwe 2004
Limits of Export Controls - International Embargoes
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Reasons for Export Controls
Essential tool for the new world security architecture It strengthens the initiatives on arms limitations and disarmament It increases transparency and assures arms exports politics convergence It prevents supplying or diversion of items to terrorist activitiesIt strengthens the control for the transfer of „know how“It covers stringent criteria for scientific exchange (visa for students, scientists a s o.)It covers also transshipments, commissionaires and brokers activitiesIt turns the sensitive industry to the fight against terrorism
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5. Romanian Experience in Export Controls
2004 = the 4th consecutive year of no allegations of potential violations of arms embargo by Romanian companiesANCEX Strategy 2001-2004
Transparency, communication and cooperation program with partners within economy
Web-sites administration www.ancex.ro and www.export-control.ro
Establishment of a National Consulting Focal [email protected]
Second Report on Arms Export Controls - 2002During printing process Two versions – Romanian and English, available on the Internet
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The Way Ahead for Romanian Export Controls System
supporting governmental responsible and active non -proliferation policy specific contribution to the field of international cooperation effective and efficient mechanisms & procedures the highest standards of probity, integrity and conduct responsiveness to Government bona fidae, ethical behavior and accountability development of the civilization of compliance enlarging the ground of Export Controls incorporation within the companies corporate culture promoting a progressive transparency
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Romanian Arms Exports 1994-2002[million USD]
121,9
167,7
76,9
55,9 56,166,7
37,8
24,5
43,8
1994 1995 1996 1997 1998 1999 2000 2001 2002
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Tehnoimportexp.2%
Turbomecanica 3%
Others5%
Romtehnica 17%
Romarm44%
EMP Trade2%
Aerostar27%
Main Romanian Exporters of Military Items in 2002[% in 43,8 mil. USD]
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Main Destinations of Romanian Arms Exports in 2002
USA34%
United Kingdom2%
Bangladesh1%
Israel3%
Kuweit11%
Croatia11%
Egipt15%
India9%
Pakistan5% Others
UAE3%
Thailand2%
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ML23%
ML334%
ML1037%
ML121%
ML171%
OTHERS1%
ML112%
ML50.45%
ML41%
ML60.44%
Main ML Exported from Romania in 2002
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Geographical distribution of
Romanian Arms Exports during last 3 Years
Asia34%
North America35%
Africa15%
Europe16%
2000
America de Nord21%
Asia 49%
Africa26%
Europa4%
2001
Asia 40%
Africa18%
America de Nord37%
Europa5%
2002
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6. The Way AheadGood News for Parliamentary Control over Export Controls
The end-result: a necessary mechanism for
the warranty of a healthy national export control system
+ assurances that Export Controls is properly supervised and regulated
The mechanism requires a specially designed expertise
De lege ferenda in Romania
Specific Parliamentary Commissions will examine the annual Report on Arms Export Controls before it’s publication
• Currently, this is stipulated within the draft Law on Exports, Imports and other Operations with Military Items (initial stage).