National Export Control Systems Tools to Enforce WMD

National Export Control Systems: Tools to Enforce WMD Non-Proliferation Ian Anthony SIPRI

The changing proliferation threat • States: – Developing NBC weapons and long-range delivery systems – Holding open future options by maintaining an appropriate knowledge and technology base – But … this applies to a very small number of states. • Non-state actors – Seeking NBC related materials for improvised devices – Use of dangerous materials and new techniques that are not weapons – But … no use so far in a mass impact terrorist attack.

The requirement for national export controls • Establish legitimate export activities and, by extension, illicit activities • Comply with international obligations • Facilitate investment and technological cooperation • Required element in European integration

Basic principles • Controlled items should not leave the jurisdiction of the exporting state without authorization. – Preventive measure – Interaction with non-state actors

First priorities • Modern and comprehensive legislation. • Licensing authority and border controls. • Inventory of sectors and companies making controlled items. – Activities of trading companies and brokers. • Monitor and collect information about procurement activities by countries of concern and terrorist groups.

Export control enforcement • Preventive enforcement – Spread knowledge and interact with exporters (product recognition, “red flags”) • Away from the borders – Information (end-use and end-user) • At the border – Communication between licensing and border security management agencies • Post-shipment – Sanctions (ability to prosecute, credible sanctions)

Interface between export control and border control • Working with lists – Product classification / commodity classification. • Assessing threats – License assessment / Risk assessment. • Working with industry – Exporters become partners in enforcement • Post-shipment enforcement – Prosecution of suspected offences