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Responsibilities and Transparency in Arms Export Controls - Prolegomena Nineta Bărbulescu, State Secretary President Responsibilities and Transparency in Arms Export Controls - Prolegomena Nineta Bărbulescu, State Secretary President of the National Agency for Export Controls March 30 th, 2004 1

Motto Export Controls is almost ”invisible” when it is well conducted and safety practiced. 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. 2

Content 1. Terminology 2. Responsibilities in Export Controls 3. Parliamentary Control over Export Controls Content 1. Terminology 2. Responsibilities in Export Controls 3. Parliamentary Control over Export Controls 4. Transparency in Export Controls 5. Romanian Experience in Export Controls Transparency 6. The Way Ahead for Parliamentary Control over Export Controls 3

1. Terminology Export controls trade perspective of the international security non-tariff barrier for the 1. Terminology Export controls trade perspective of the international security non-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 • MILITARY • DUAL USE National Export Control System ARMS DUAL USE 4

2. Responsibilities in Export Controls Proliferation of WMD Terrorism irradiation New political threats Threats 2. Responsibilities in Export Controls Proliferation of WMD Terrorism irradiation New political threats Threats for the international security 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 5

Responsibilities in Export Control The Government is entirely responsible for export controls policy and 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 representation States and even international political organizations are responsible for transfers of military items/technologies inter se controlled proliferation of WMD and their means of delivery preventing and countering terrorism effectiveness of the national export control systems 6

3. Parliamentary Control over Export Controls A Post Factum control by The implementation of 3. Parliamentary Control over Export Controls A Post Factum control by The implementation of the Government Program The implementation of the national defense and counterterrorism strategies Other parliamentary procedures • The question mechanism • The interpellation mechanism • The inquiry Motion Vote of censure 7

3. Parliamentary Control over Export Controls II During exercising legislative function by Exercising the 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 8

4. Transparency in Export controls Stability between transparency in export controls and strategic items 4. Transparency in Export controls Stability between transparency in export controls and strategic items transfers ethics are conditions sine qua non of a responsible politics Karl 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 interrelationship between Strong political will Licensing expertise and inter-agency cooperation Growing enforcement capabilities There are few lessons learned (e. g. Government outreach to Industry) 9

Limits of Export Controls Globalization of international trade Cheap and widely available technology Indigenous Limits of Export Controls Globalization of international trade Cheap and widely available technology Indigenous programs R&D for strategic items and technology Borders limited controls New technology supplier states Unlicensed or illicit production of strategic items The behavior of supplier states is difficult to be modified 10

Limits of Export Controls Level of Technology Used in Terrorist Attacks 11 Limits of Export Controls Level of Technology Used in Terrorist Attacks 11

Limits of Export Controls - International Embargoes Country UN Afghanistan (talibans) 2000 Talibans , Limits of Export Controls - International Embargoes Country UN Afghanistan (talibans) 2000 Talibans , Al-Qaida, Usama Bin Laden 2002 2004 Armenia 1993 non mandatory 1992 Azerbaidjan 1993 non mandatory 1992 Bosnia and Herzegovina Congo 2003 2002 1989 2003 Libya Liberia OSCE 2001 China Iraq European Union 2003 1999 2003 Myanmar 2004 2003 Rwanda 1995 Sierra Leone 1998 Somalia 2002 Sudan 2004 Zimbabwe 2004 12

Reasons for Export Controls Essential tool for the new world security architecture It strengthens 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 activities It 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 activities It turns the sensitive industry to the fight against terrorism 13

5. Romanian Experience in Export Controls 2004 = the 4 th consecutive year of 5. Romanian Experience in Export Controls 2004 = the 4 th consecutive year of no allegations of potential violations of arms embargo by Romanian companies ANCEX 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 Point [email protected] ro Second Report on Arms Export Controls - 2002 During printing process 14 Two versions – Romanian and English, available on the Internet

The Way Ahead for Romanian Export Controls System Ø supporting governmental responsible and active The Way Ahead for Romanian Export Controls System Ø supporting governmental responsible and active non -proliferation policy Ø specific contribution to the field of international cooperation Ø effective and efficient mechanisms & procedures Ø the highest standards of probity, integrity and conduct Ø responsiveness to Government Ø bona fidae, ethical behavior and accountability Ø development of the civilization of compliance Ø enlarging the ground of Export Controls incorporation within the companies corporate culture Ø promoting a progressive transparency 15

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Main Romanian Exporters of Military Items in 2002 [% in 43, 8 mil. USD] Main Romanian Exporters of Military Items in 2002 [% in 43, 8 mil. USD] 17

Main Destinations of Romanian Arms Exports in 2002 18 Main Destinations of Romanian Arms Exports in 2002 18

Main ML Exported from Romania in 2002 19 Main ML Exported from Romania in 2002 19

Geographical distribution of Romanian Arms Exports during last 3 Years 2002 20 Geographical distribution of Romanian Arms Exports during last 3 Years 2002 20

6. The Way Ahead Good News for Parliamentary Control over Export Controls The end-result: 6. The Way Ahead Good 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). 21