THE NATIONAL AGENCY FOR EXPORT CONTROLS ROMANIA National

THE NATIONAL AGENCY FOR EXPORT CONTROLS ROMANIA National Agency for Export Controls - ANCEX - Brief Introduction to Romanian Model of CWC IMPLEMENTATION By Nineta Barbulescu Secretary of State President of NA The Hague, October 19, 2003 1

THE NATIONAL AGENCY FOR EXPORT CONTROLS Chemical Weapons Convention Article I: each SP “undertakes never under any circumstances … to transfer, directly or indirectly, chemical weapons to anyone. ” Article II: indicates that the toxic chemicals and their precursors, which are defined as chemical weapons, may be used for purposes not prohibited under CWC, as long as the types and quantities are consistent with such purposes. Article XI: these restrictions should be applied without “hampering …the international exchange of scientific and technical information and chemicals and equipment for the production, processing or use of chemicals for purposes not prohibited under this Convention. ” “the State Parties shall …undertake to review their existing national regulations in the field of trade in chemicals in order to render them consistent with the object and purpose of this Convention”. The Hague, October 19, 2003 2

THE NATIONAL AGENCY FOR EXPORT CONTROLS CWC Implementation Suplemented by the Export Control Area - Control of End Use / End User - Control of Equipment & Technologies - Enforcement Procedures and Mechanisms - Specialized Expertise - National Interagency Cooperation - International Cooperation The Hague, October 19, 2003 3

THE NATIONAL AGENCY FOR EXPORT CONTROLS NATIONAL AUTHORITY • Established within the National Agency for Export Controls = ANCEX • Currently subordinated to the MFA • Coordinated by the minister delegate for coordination of control authorities • functioning from the ratification of CWC in 1994 • operational from CWC entry into force, in 1997 • Romanian institutional model = ANCEX experience • have assured the complementarity between the two fields: CWC implementation and export control • same expertise required • control lists and enforcement activities The Hague, October 19, 2003 4

THE NATIONAL AGENCY FOR EXPORT CONTROLS FRAMEWORK OF INTERNATIONAL COMMITMENTS - Selection for this presentation Romanian legislation consolidates in nuce all major multilateral EC regimes & nonproliferation organizations NSG, ZC MTCR applicant since AG WA OPCW EU Code of Conduct for Arms Exports HCOC 1334 EU Regulation on Export Controls of Dual Use Items The Hague, October 19, 2003 1991 1992 1995 1996 1997 1998 2002 2003 5

THE NATIONAL AGENCY FOR EXPORT CONTROLS ROMANIAN EXPORT CONTROL & CWC IMPLEMENTATION SYSTEM ANCEX NATIONAL AUTHORITY PRINCIPLES INSTITUTIONS MECHANISMS REGULATIONS SYSTEM OF EXPORT CONTROL AUTHORIZATIONS, LICENSING & CONTROL PROCEDURES CWC IMPLEMENTATION SANCTIONS DECLARATIONS, NOTIFICATIONS & INSPECTION PROCEDURES The Hague, October 19, 2003 6

THE NATIONAL AGENCY FOR EXPORT CONTROLS CONTROL LISTS – include Scheduled Chemicals • GD 467/1999 • Government Decision 92/2002 • GD 844/2000 • Updated Lists – Nov. 2003 (R 149/2003) Categories (materials, equipment & technology): 0 - Nuclear; 1 – Chemical, Biological; Biological 2 – Materials processing; 3 - Electronics 4 - Computers 5 – Telecom. , Data Security 6 – Sensors & Lasers; 7 – Navigation & Avionics; 8 - Maritime; 9 – Propulsion, Space 1 C 350 Toxic chemicals & toxic 1 C 450 chemicals precursors 1 C 950 Mixtures A – Sist. , Equipm. Compon. B - Test, Insp. , Prod. Equipm. C - Materials D - Software E - Technology The Hague, October 19, 2003 Subcategories 001 - 099 - WA; 101 - 199 - MTCR 201 - 299 - NSG 301 - 399 -AG 401 - 499 -CWC 901 - 999 - National 7

THE NATIONAL AGENCY FOR EXPORT CONTROLS LEGISLATION I N • T E R C • O N N • E C T E D PRIMARY LEGISLATION CWC Implementation Pillar • Law no. 56 / 1997 on the CWC implementation - under review procedure / adoption – Nov. 2003 Dual Use Pillar • Law 387/2003 on the Export Control of Dual Use Items and Technology – EIF in 15 days Military Pillar • OUG 158 / 1999 on the Control of Exports and Imports of Strategic Products • Law 499/2002 on the participation of Romania to WA The Hague, October 19, 2003 8

THE NATIONAL AGENCY FOR EXPORT CONTROLS INTERCONNECTED LEGISLATION • CWC Implementation Law • application of the export control regime specific procedures and methodologies to scheduled chemicals transfers • Export Control Legislation • prohibits the transfers of schedule 2 chemicals • conditions for transfers to states that are not parties to CWC • all imports and exports of scheduled chemicals are licensed • ANCEX issues exclusively individual licences • catch-all clause – General Purpose Criteria • end-use control – consistent with CWC provisions The Hague, October 19, 2003 9

THE NATIONAL AGENCY FOR EXPORT CONTROLS RELEVANT LEGISLATION PROVISIONS • After the September 11, 2001 events, more stringent controls aiming to combat terrorism were imposed within both fields • More stringent controls – Reviewed CWC Implementing Law - • • • Implementation of the General Purpose Criteria Declaration of Schedule 1 chemicals ownership Registration of all Schedule 1 Chemicals operations Lower declaration thresholds for DOC / PSF chemicals Special designated customs offices Refusal of receiving the inspection teams - crime The Hague, October 19, 2003 10

THE NATIONAL AGENCY FOR EXPORT CONTROLS RELEVANT LEGISLATION PROVISIONS • More stringent controls - New Export Controls Law - • • Registration of all producers or developers Control of transfers of scheduled chemicals is applicable in free zones/ports Delivery verification certificate from non. SPs Internal delivery documents specification: “the item is under control…” Special designated customs offices Control Body of ANCEX Obligation of other national enforcement agencies to provide to the NA all available relevant data The Hague, October 19, 2003 11

THE NATIONAL AGENCY FOR EXPORT CONTROLS RELEVANT LEGISLATION PROVISIONS • Common issues • • Pragmatic and Transparent Procedures Sensitiveness of Items and of Final Use Interagency Cooperation Specialized Management Improved Sanctions Regime International Cooperation Multicriteria Applications’ Assessment The Hague, October 19, 2003 12

THE NATIONAL AGENCY FOR EXPORT CONTROLS RELEVANT LEGISLATION PROVISIONS ANCEX OUTREACH TO INDUSTRY PROGRAM 2001 -2004 • Specialized Intra-company Management Implementation of the ICP • Knowledge – legislation, training, products, partners • • Maximum transparency is an essential prerequisite for democratic accountability as the best guarantee of peace and stability. Motivation & Responsibility Karl von Wogau • Global > regional > national security - the condition of economic prosperity • Reputation of companies • Violation of the Internal Control Mechanisms More Stringentregime => losing privileges + the partners trust The Hague, October 19, 2003 13

THE NATIONAL AGENCY FOR EXPORT CONTROLS RELEVANT LEGISLATION PROVISIONS • Improved Sanctions Regime • Administrative • Civil • Criminal The Hague, October 19, 2003 14

THE NATIONAL AGENCY FOR EXPORT CONTROLS RELEVANT LEGISLATION PROVISIONS • International Cooperation in Export Controls • Multilateral (within international Export Controls regimes) • Denial notifications - voluntary • No-undercut policy • Bilateral • US, UK, Germany, France, Netherlands, Norway, Israel, Poland, Hungary, Japan, Bulgaria • Regional - a long way ahead The Hague, October 19, 2003 15

THE NATIONAL AGENCY FOR EXPORT CONTROLS RELEVANT LEGISLATION PROVISIONS • International Cooperation in CWC environment • Clarification of Discrepancies Between Transfers Declarations - see the dedicated national paper within the Review Conference • Bilateral Consultations: France, Netherlands, Poland, Hungary, Japan • Regional Meetings of National Authorities - EEG - May 17 -19, 2004 / Bucharest “Transfers of Scheduled Chemicals” • Participation to other relevant OPCW activities The Hague, October 19, 2003 16

THE NATIONAL AGENCY FOR EXPORT CONTROLS RELEVANT LEGISLATION PROVISIONS • Multi-criteria Assessment of License Applications þ þ þ þ þ end – use / end-user embargo regime regional global views information exchange goods sensitivity end-user reliability brokers/ dealers risk of diversion essential identical transactions The Hague, October 19, 2003 17

THE NATIONAL AGENCY FOR EXPORT CONTROLS ANCEX OUTREACH TO INDUSTRY PROGRAM 2001 -2004 Web sites: www. ancex. ro , www. export-control. ro Consultanta@ancex. ro - under construction - The Hague, October 19, 2003 18