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NEW ZEALAND’S EXPORT CONTROLS Implementation and Status Ministry of Foreign Affairs and Trade 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 • 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 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 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 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 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 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 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 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 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 / 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 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 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 www. mfat. govt. nz