SOUTH EASTERN EUROPE REGIONAL SEMINAR TOWARDS NATO AND

SOUTH EASTERN EUROPE REGIONAL SEMINAR: TOWARDS NATO AND EU ACCESION – LESSONS LEARNED Sofia, Republic of Bulgaria June 21 -22, 2005 OVERVIEW OF THE ROMANIAN ARMS EXPORT CONTROL SYSTEM Ph. D eng. Maria PETCU Adviser, Conventional Arms Division The National Agency for Export Controls 1

Motto “„…the import of the European advanced practices represents the pillar of the current stage of development and modernization of arms export controls in Romania. ” The National Agency for Export Controls 2

Legal Basis T The Government Ordinance no. 158/1999 on the control regime of exports, imports and other foreign trade operations with military goods, approved and emended by Law nr. 595/2004; T The Government Decision no. 844/2001 regarding the list of munitions, ammunition and other military items subject to export and import control regime; T The Law nr. 9/2004 for the adherence to the UN Firearms Protocol; TANCEX is National Point of Contact The National Agency for Export Controls 3

New Definitions in Law nr. 595/2004: Military goods : Armaments, munitions, rockets, missiles, torpedoes, bombs, mines, ground vehicles, aircraft, vessels of war and other goods, equipments and systems special designed and manufactured for military use, components, parts and accessories of them, and also software and technology for the ‘development', ‘production' or ‘use' of items controlled; Final consignee and end use of military goods are controlled The National Agency for Export Controls 4

New Definitions in Law nr. 595/2004: Technical assistance means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, training, transmission of working knowledge or skills or consulting services; Technical assistance includes oral forms of assistance; (Council Joint Action 2000/401/CFSP) The National Agency for Export Controls 5

New Definitions in Law nr. 595/2004: – Transmission of software or technology by electronic media, fax, telephone to a destination outside the Romania; this applies to oral transmission of technology by telephone only where the technology is contained in a document the relevant part of which is read out over the telephone, or is described over the telephone in such a way as to achieve substantially the same result; [Art 2 b (iii) from Council regulation (EC) No. 1334/2000] The National Agency for Export Controls 6

New Definitions in Law nr. 595/2004: • Brokering activities are activities of persons and entities: – Negotiating or arranging transactions that may involve the transfer of items on the Romanian list of military goods from a third country to any other third country; Or – Who buy, sell or arrange the transfer of such items that are in their ownership from a third country to any other third country. (Council Common position 2003/468/CFSP) The National Agency for Export Controls 7

The foreign trade operations with arms: Permits FOREIGN TRADE OPERATIONS INTERNATIONAL TRANSIT EXPORTS TRANSSHIPMENT RE-EXPORTS IMPORTS NON-COMMERCIAL OPERATIONS BROKERING DEMONSTRATIONS TRANSMISSION OF SOFTWARE OR TECHNOLOGY BY ELECTRONIC MEDIA EXHIBITIONS Licenses The National Agency for Export Controls OTHERS 8

Export control documentation • Authorization application and applicant commitment • Authorization • Import license Application /After approval this become import license • End User Statement • International Import Certificate • Delivery Verification Certificate • Export license application /After approval this become export license • Permit for non-commercial operations with military goods • Permit for international transit of military goods on the territory of Romania • Permit for transshipment of military goods on the territory of Romania The National Agency for Export Controls 9

Conventional Arms Catch-all Unlisted item Exporters know ANCEX don’t know They have the duty to inform ANCEX notify the exporters The license application of the exporter ANCEX decision on the opportunity of the license’s issuing The National Agency for Export Controls 10

Pre-licensing control ANCEX Authorization by: Mo. D ANCEX procedure for authorization (60 days for processing): - The application for authorization - The applicant commitment; - The documentation in support of the application The National Agency for Export Controls 11

Pre-licensing control The documentation in support of the application: About the legal representative of the applicant: - Curriculum Vitae, - Statement regarding the activities forbidden by the Law nr. 595/2004, - Judiciary identification record About the applicant: - Mo. D approval, - certificate issued by the Register of Commerce, - the documentation of the company, - the last balance sheet, fiscal certificate, - business plan, contracts and - other documents asked by ANCEX. The National Agency for Export Controls 12

Post licensing control PROCEDURES OF MONITORING THE EXPORTS • Special customs controls • Monitoring the transportation • Payment • Delivery Control Certificate C. A. D. - 2002 The National Agency for Export Controls 20 13

Outreach to Industry Distribution of different guidelines products (on CD or on paper) Routinely visits of exporters; -Seminars, -public debates, - open doors, -national conference; -Discussions with - managers; ANCEX INTERNET WEB-SITES www. ancex. ro www. export-control. ro consultanta@ancex. ro OUTREACH TO INDUSTRY INTERNAL CONTROL PROGRAM The National Agency for Export Controls 14

Internal Control Program STEP 1 STEP 2 Knowledge: - to know responsibilities as an exporter; - to understand the purpose and importance of an ICP. Development of policies and procedures manual (that defines company’s policies toward export controls and provides step-by-step guidance for implementing each export control procedure) The National Agency for Export Controls 15

Internal Control Program STEP 3 Implementation -They must implement these practices within their organization. STEP 4 Evaluation by ANCEX: - check their manual; - check their implementation; The National Agency for Export Controls 16

QUESTIONS The National Agency for Export Controls 17