NEW ZEALAND S EXPORT CONTROLS Implementation and Status Ministry

NEW ZEALAND’S EXPORT CONTROLS Implementation and Status Ministry of Foreign Affairs and Trade

New Zealand’s Export Controls • Legislation NZ Strategic Goods List • Licensing System • Lessons / Experiences Collaborative inter-agency approach Highly transparent to exporters 2

Legislation • Participating state in : Australia Group (AG) Nuclear Suppliers Group (NSG) Missile Technology Control Regime (MTCR) Wassenaar Arrangement (WA) • UN Sanctions, UN Security Council Resolution 1540 • NZ Implementation : Customs Export Prohibition Order 2005 3

New Zealand Strategic Goods List The list is divided into three parts: Part 1 § Covers military and non-military lethal goods Part 2 § Covers nuclear materials, facilities and equipment Part 3 § Covers dual-use goods, including commercial goods and technologies that may have a military application 4

Legislation New Zealand Strategic Goods List (NZSGL) Export of a controlled item on the NZSGL requires a permit – whether the export is on a temporary or permanent basis. Permits are issued by the Ministry of Foreign Affairs and Trade Enforcement agency is New Zealand Customs Service Non-compliance = goods seized, fine, imprisonment 5

Licensing options: Exporter APPROVAL TO EXPORT GENERAL CONSENT Individual / Multiple (low risk) End user verification and non-transfer certificate Import permit (firearms, ammunition) 6

Types of Licence • Individual Permit § Single export to a specified end user (includes temporary exports of goods that will be returned to New Zealand) • Multiple Permit § More than one consignment of specified goods to a specified end user • General Consent § Allows multiple shipments to more than one consignee or destination § Granted to a reputable exporter where the nature and frequency of their exports justify the issue of such a licence 7

Licensing System • Decisions on licences are made on a caseby-case basis • Decisions are made within the Ministry of Foreign Affairs and Trade, following consultation with external technical experts 8

Licensing System Application Item Technical Experts (External Agencies) Destination Ministry of Foreign Affairs and Trade (MFAT) (criteria, consistency, responsibility) 9 MFAT Regional Divisions & Posts

Licensing System Application Item Technical Experts Ministry of Foreign Affairs and Trade (MFAT) (External Agencies) (criteria, consistency, responsibility) Destination MFAT Regional Divisions & Posts Approve / Decline MFAT Database Other agencies 10 Denials

Licence Applications Processed (2004 Calendar Year) Total Permits Issued 341 Majority = routine / temporary individual permits Licence Timeframes Individual Permit 5 days Multiple Permit 10 days General Consent 6 weeks 11

Lessons / Experiences A system strong in inter-agency consultation and coordination Advantages • Access to specialists • Range of perspectives • Widens knowledge of export control regulations • Continual process of improvement and review via inter-agency ‘Export Control Group’ Disadvantages • Timeframes, responsiveness to exporters 12

Lessons / Experiences Transparency to Industry Access and Outreach • Website § NZ Strategic Good List, Application Forms, End User Forms, Assessment Criteria • Outreach Programme § Visit to companies and relevant organisations • Brochures • Information in industry publications • Industry Seminars 13

www. mfat. govt. nz