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Ambassador Sune Danielsson

Head of Secretariat

www.wassenaar.org

6th Annual Israeli Defence Exports Control

Conference

18 April 2012

41 WA Participating States

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3 Kasteel de Wittemburg - Wassenaar

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Where Does WA Fit?

WA: Wassenaar Arrangement (Conventional & Dual Use)

AG: Australia Group (Chemical & Biological)

MTCR: Missile Technology Control Regime (Missiles)

NSG: Nuclear Suppliers Group (Nuclear)

ZC: Zangger Committee (Nuclear)

Conventional arms

& Dual use goods

WMD

non-proliferation

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PURPOSES

CONTRIBUTE TO REGIONAL AND INTERNATIONAL

SECURITY AND STABILITY BY PROMOTING:

-- TRANSPARENCY,

-- GREATER RESPONSIBILITY IN TRANSFERS OF

CONVENTIONAL ARMS AND DUAL-USE ITEMS, THUS

PREVENTING DESTABILISING ACCUMULATIONS, AND

-- PREVENTING ACQUISITION BY TERRORISTS

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WA Basic Commitments:

• Impose Effective National Export Controls

• Report to WA States Certain Transfers & Denials

Implementation of WA Commitments through

National Legislation & Policies, at National Discretion

Licenses for/or Denials of Export of

Controlled Items

A National Decision

However, Transparency Opens to Scrutiny

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Control Lists

Created by Consensus

Two Lists:

• Munitions List

• Dual-Use List

The Munitions List (Close to 300 Items)

ML1. Smooth-bore weapons with a calibre of less than 20 mm, other arms and automatic weapons with a calibre of 12.7 mm

ML2. Smooth-bore weapons with a calibre of 20 mm or more, other weapons or armament with a calibre greater than 12.7 mm

ML3. Ammunition for the weapons controlled by ML 1, ML 2 or ML 12

ML4. Bombs, torpedoes, rockets, missiles, other explosive devices & charges

ML5. Fire control, and related alerting and warning equipment

ML6. Ground vehicles and components

ML7. Chemical or biological toxic agents, "tear gases", radioactive materials

ML8. "Energetic materials" (explosives, propellants…), and related substances

ML9. Vessels of war, special naval equipment and accessories

ML10. "Aircraft", UAVs, aero-engines and "aircraft" equipment

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The Munitions List (cont.)

ML11. Electronic equipment, not controlled elsewhere on the Munitions List

ML12. High velocity kinetic energy weapon systems

ML13. Armoured or protective equipment

ML14. Specialised equipment for military training or for simulating military scenarios, simulators

ML15. Imaging or countermeasure equipment

ML16. Forgings, castings and other unfinished products specially designed for any products controlled by ML1.to ML4., ML6., 9.,10., 12. or 19.

ML17. Miscellaneous equipment (diving apparatus, Nuclear power generating equipment or propulsion equipment, including "nuclear reactors"…)

ML18. Equipment for the production of products referred to in the Munitions List

ML19. Directed energy weapon systems

ML20. Cryogenic and "superconductive" equipment,

ML21. "Software",

ML22. "Technology"

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Dual-Use List: 9 Categories (Close to 1000 Items)

Category 1: Special Materials

Category 2: Materials processing

Category 3: Electronics

Category 4: Computers

Category 5 Part 1: Telecommunications

Category 5 Part 2: Information Security

Category 6: Sensors and Lasers

Category 7: Navigation and Avionics

Category 8: Marine

Category 9: Aerospace and Propulsion

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Information Security

Dormant Cryptography

Dormant cryptography refers to

items which, at the time of

export, contain embedded cryptographic

parts or components which are rendered

functionally inactive by design.

These parts or components must be

activated through a cryptographic

activation process.

Multiple Beam Echo Sounders

Performance: e.g. Depth resolution 6mm at 600m (SeaBat 7125)

Concerns: Covert seabed mapping / AUV accurate navigation (Prepare and

conduct an attack) SL 3 14

Example of transportable Bomb Jammer that uses RF Jamming signals to defeat

remote controlled improvised explosive devices.

The theory of operation involves sending out electronic jamming signals

to cause radio interference on the radio receiver of an improvised explosive device

and help prevent it from detonating.

Bomb Jammer

SL 2 15

Category 2 - Materials Processing

A new Note under 2.E.1. to control the “technology” for the integration of probe

systems into Coordinate Measuring Machines (CMM).

Probes are critical components of CMMs (a good CMM requires a good probe). Actually,

the type of probe determines, to some extent, not only the capability of the CMM,

but also the application.

CMMs are the most important piece of equipment to ensure military hardware meets

the very high design tolerance (most often in micron) required for advanced applications.

Integration technology is the key element to control.

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Category 5 Part 1 - Telecommunications

New entry 5.A.1.i. to control systems or equipment

designed to intercept and process mobile

telecommunications.

Interceptors of mobile communications without crypto-analysis

are normally not specially designed for military use,

but are a technology of concern.

Since 2005, mobile communications are more and more used by

the military for open or undercover operations

where no dedicated protected tactical network is available.

As a consequence, free availability of this interception equipment

may jeopardize force capabilities.

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Recent Changes to Body Armor Controls

• Once upon a time it was

easy to identify body

armor and it was clearly

for military use

18 Wassenaar Arrangement

• Today the issue is not

quite so clear

• Body armor comes in

a variety of shapes,

forms and capabilities

• How should these be

controlled?

Changes Made in 2011

• Soft body armor that only provides stabbing

protection (knife) is no longer controlled in

1.A.4.

• 1.A.4. controls

• Soft body armor not produced to military standards

• Hard body armor that provides protection only from

hand guns

• ML13.d. controls

• Soft body armor manufactured to military

specifications

• Hard body armor that provides protection from rifles

and assault weapons

Wassenaar Arrangement 19

How to Control Critical Jet Engine

Technology

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• Holes are critical

in cooling modern

jet engines so that

they can run at

maximum

efficiency

• The question is

what holes are

interesting and

who makes them?

The Answer to the Question of interesting

holes

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In 2011, the EG developed a new parameter called ‘hole

shape ratio’

By means of this formula interesting holes can be

differentiated from uninteresting holes

Category 7 - Navigation and avionics

Raster-type head-up display software

(7.D.3.)

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WA Lists and the EU

The Munitions List is included in the EU Common

Military List (used for EU Common Rules [Ref:

Common Position No. 2008/944] on Arms Transfers)

The Dual-Use List is included in Annex 1 to EU Dual-

Use Regulation (legally binding)

Non-Listed Items or

“Catch-all”

Authorisation Required for Transfer of Non-

Listed Dual-Use Items:

for destinations subject to binding arms embargoes,

including UN

intended for military end-use

(govt. informs or industry is aware of)

Advisory Questions for Industry

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Best Practices

Documents

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These are non-binding documents that have been

developed to help Participating States (and

others) to fulfill the Wassenaar Arrangement’s

basic purpose, i.e. the implementation of

responsible and effective export controls.

Best Practice Guidelines on Internal

Compliance Programmes for Dual-Use

Goods and Technologies

ICPs can help exporters to abide by national export

controls

WA Participating States agree to encourage exporters to

develop and implement Internal Compliance Programs,

which can be a pre-condition for approval of general

licenses

Size, organizational structure and other circumstances of

the exporter will determine the nature of the ICP

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Best Practice Guidelines on Internal

Compliance Programmes for Dual-Use

Goods and Technologies (2)

Elements for effective ICPs are set out in a rich annex

covering:

Commitment to Compliance

Internal Organizational Structure

Export Screening Procedures

Shipment Control

Performance Review

Training

Record Keeping

Reporting and Corrective Action

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Best Practice Guidelines on Subsequent

Transfer (Re-export) Controls for Conventional

Weapons Systems contained in Appendix 3 to

the WA Initial Elements

WA Participating States have agreed that government-

to-government agreements, end-user assurances (EUC)

and export licenses will contain a re-export clause

Subsequent transfers should require the prior

authorization of the original exporting government

Re-export to third parties of arms produced under

license should be consistent with

agreements/EUCs/licenses for transfer of production

technology

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Elements for Controlling Transportation of

Conventional Arms Between Third

Countries

Limited to the transportation of arms between third

countries

States are encouraged to consider measures to

prevent nationals from transporting arms in violation

of:

• Licensing requirements in exporting and importing

countries

• UN Security Council embargoes

States may consider operating a licensing system

for the transportation of arms between third states or

using brokering controls

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Elements for Objective Analysis and Advice

Concerning Potentially Destabilising

Accumulations of Conventional Weapons

Questions for consideration by Participating States when

they consider licensing applications

2011 amendments include:

• Consideration of UN Security Council arms embargoes or other

UNSC restrictions against a state or other states in the region;

• Information provided on arms embargoes, the importing state’s

foreign and military policy, accumulation of arms in a particular

state, or the intention of a state to use force to resolve a dispute

Encourages Participating States to consider how arms

transfers could influence civil armed conflicts, the risk of

diversion to illicit trade and whether a receiving state has

an effective export control system and effective physical

security for weapons storage

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Other Best Practices

Non-binding documents have been developed to fulfill

WA purposes in other areas:

• End-use Assurances

• Small Arms & Light Weapons (SALW)

• Arms Brokering

• MANPADS

MADPADS Elements (adopted in 2000, modified in 2003 and 2007)

MANPADS exported only to governments

Consent of exporting country required for re-exports

Each transfer subject to an individual license

Observance of safety measures, including technical

performance and/or launch control features

Prudent procedures for secure disposal and destruction

of excess MANPADS stocks

WA ready to assist in MANPADS disposal

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Controls on ITT

Intangible Transfers of both dual-use and conventional

weapons technology are also controlled:

Technical information (blueprints, manuals, etc.)

Technical assistance (training, consultancy, etc.)

Transmission – both Electronic and Oral

Focus on:

National Legislation - definition & scope of controls

Industry and Academia

- Require record-keeping, compliance checks

- Promote awareness & self-regulation 33

WA Outreach

The Arrangement conducts outreach to

non-Participating States, industry and other

interested groups to promote effective

export controls and to explain how the WA

operates.

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www.wassenaar.org