1NATIONAL CONTROL SYSTEM AND LIST

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1 State Name: Completed by: Position Date: Republic of Macedonia Ministry of Foreign Affairs, Ministry of Interior, Ministry of Defense, Ministry of Economy The results of this survey may be included in the ATT-BAP database and made publicly available. The results of this survey may be included in the ATT-BAP database, but not made publicly available. X..... X.... Once completed, please return this form to: or by post to Rachel Stohl th Street NW Twelfth floor Washington, DC United States Arms Trade Treaty-Baseline Assessment Project (ATT-BAP) The Arms Trade Treaty-Baseline Assessment Project (ATT-BAP) is an initiative developed by Rachel Stohl, Stimson and Paul Holtom, SIPRI. With your input, the ATT-BAP will help to ensure the future success of the ATT in the following ways: Give clear guidance on the obligations contained in the ATT for States Parties; Increase understanding of measures that can be taken to ensure that states are in a position to ratify the ATT and ensure effective implementation of the Treaty; Contribute towards targeted and coordinated international assistance, by providng information to help avoid duplication and ensure that scarce resources are utilized most effectively; Deliver a baseline assessment of UN Member States ability to effectively implement the ATT; and Provide indicators for future measurement of the Treaty s impact. ATT-BAP has developed an ATT Baseline Assessment Survey for States to assist them in understanding the obligations contained in the ATT. It is expected that by completing the Survey States will be able to clearly identify: What a State already does to implement the Treaty; What a State needs to do to implement the Treaty; and What type of assistance a State requires to implement the Treaty. The ATT-BAP will provide the information contained in every completed ATT Baseline Survey in an online database that will be accessible on the ATT-BAP website ( in June This information will assist States, the United Nations, regional organizations, and civil society organizations as they develop implementation projects and programs for capacitybuilding, legal and legislative assistance, and other measures to effectively implement the ATT. ATT-BAP website: 1

2 1NATIONAL CONTROL SYSTEM AND LIST A. Does your State maintain a national system for controlling or regulating: [Articles 3, 4, 5.2, 8, 9, 10] i) Export ii) Import iii)transit Transshipment a) By land b) By sea c) By air iv) Brokering B. For which activities does your State maintain a national control list of conventional arms: [Article 2.2 and Article 5.2] i) Export ii) Import iii) Transit Transshipment iv)brokering C. Does yournational control listcover the following: [Articles 2.1, 3, 4, and 5.2] i) Battle tanks [Article 2.1] ii) Armored combat vehicles [Article 2.1] iii) Large-caliber artillery systems [Article 2.1] iv) Combat aircraft [Article 2.1] v) Attack helicopters [Article 2.1] vi) Warships [Article 2.1] vii) Missiles and missile launchers [Article 2.1] viii) Small arms and light weapons [Article 2.1] ix) Ammunition Munitions for the above items [Article 3] x) Parts and components requiring control for the above items [Article 4] D. Isare your national control list(s) publicly available? [Article 5.3] i) If yes, please provide a copy or link to where your control list is made publicly available. Official Gazette of the Republic of Macedonia ii) If no, please provide a copy of your control list or provide information on the additional items that are covered. E. Are the controlled items defined? [Article 5.3] 2

3 i) If yes, which definition(s) do you use? (e.g. Wassenaar, United Nations Register of Conventional Arms, National definitions, etc.) For conventional arms Wassenaar Arrangement list, for SALW United Nations Firearms Protocol 2 EXPORTS Details reference Web link additional A) Is the control of arms exportsestablished in national legislation? [Article 5.5] B) Which Ministryies or government agencyies isare responsible for implementing controls on arms exports? [Article 5.5] i) Which Ministry or agency leads this process? [Article 5.5] C) Does your State take measures to ensure that all authorizations are detailed and issued prior to export? [Article 7.5] i) If yes, what measures does your State take to ensure that all authorizations are detailed and issued prior to export? D) Can your State reassess an authorization if your State becomes aware of new and relevant information? [Article 7.7] E) Does your State maintain records of arms export authorizations? [Article 12.1] i) For how many years are records maintained? [Articles 12.1, 12.4] ii) What information do the records contain? [Article 12.3] a) Quantity Ministry of Economy, Ministry of Foreign Affairs, Ministry of Interior, Ministry of Defense, Customs Administration Ministry of Economy (arms and military equipment) and Ministry of Interior (SALW) Procedures accordingto the Law on arms,law on production and trade in arms and military equipment and bylaws For arms and military equipment 10 years, for SALW 20 years b) Value c) Modeltype d) Importing State e) End-User f) Other (please specify) F) Does your State maintain records of actual arms exports? [Article 12.1] i) For how many years are records maintained? [Articles 12.1, 12.4] ii) What information do the records contain? a) Quantity technical characteristics, serial number, military list number, fabric code,license number Details reference Web link additional Know For arms and military equipment 10 years, for SALW 20 years b) Value c) ModelType 3

4 d) Importing State e) End-User f) Transit transshipment State(s) g) Other (please specify) G) Please provide any other information on export practices you would like to share. 3IMPORTS technical characteristics, serial number, military list number, factory code,license number Details reference Web link additional Know A) Is the regulation of arms importsestablished in national legislation? [Article 8.2] B) Which Ministryies or government agencyies isare responsible for regulating arms imports? [Article 5.5] i) Which Ministry or agency leads this process? [Article 5.5] C) What measures does your State take to regulate imports? [Article 8.1] D) Does your State have measures in place to ensure that appropriate and relevant information is available to exporting States as part of their export assessment process? [Article 8.1 and 11.3] E) Does your State maintain records of arms imports? [Article 12.2] i) For how many years are records maintained? [Articles 12.2 and 12.4] ii) What information do the records contain? [Article 12.3] a) Quantity b) Value c) Model type d) Exporting State Ministry of Economy, Ministry of Foreign Affairs, Ministry of Interior, Ministry of Defense,Customs Administration Ministry of Economy (arms and military equipment) and Ministry of Interior (SALW) Measures foreseen under the Law on arms, Law on production and trade in arms and military equipment and bylaws For arms and military equipment 10 years, for SALW 20 years Details reference Web link additional Know e) Transit transshipment State(s) f) Other (please specify) F) Please provide any other information on import practices you would like to share. technical characteristics, serial number, military list number, factory code,license number 4 TRANSITTRANSHIPMENT Details reference Web link additional Know A) Is the regulation of transit andor transshipment established in national legislation? [Article 9] Only transit 4

5 i) If yes, please provide the definition of transit andor transshipment in your national legislation. The Law on production and trade of arms and military equipment Article 4a Transport (transfer) of AME shall mean import, export and transit of previously agreed quantities of AME inbetween trading companies that have met the conditions referred to in Article 23 of this Law and trading companies in other countries, abroad and on the territory of the Republic of Macedonia. Transport (transfer) of AME also implies transfer of software or technology through electronic media, faxes, telephones, electronic mail or other electronic means outside the territory of the Republic of Macedonia, and relates to the electronic access to software and technology by legal and natural persons outside the territory of the Republic of Macedonia and verbal transfer of technology by phone, if the technology is contained in a document whose important portion has been read out loud or described over the phone. The Law on weapons Article 55 Transferring weapons, ammunition and weapons components, in regards to this Law, shall mean any activity taken during the import, export and transit of any previously agreed quantity of weapons, ammunition and weapons components, between the companies referred to in Article 46, paragraph 1 and Article 52, paragraph 1 of this Law and companies from other countries.(official Gazette of the Republic of Macedonia n ) B) Which Ministryies or government agencyies isare responsible for regulating arms transit andor transshipment? [Article 5.5] i) Which Ministry or agency leads this process? [Article 5.5] C) What measures does your State take to regulate transit andor transshipment under its jurisdiction? [Article 9] D) Does your State maintain records of arms that are authorized to transit andor transship territory under its jurisdiction? [Article 12.2 and 12.4] i) For how many years are records maintained? [Article 12.4] Ministry of Economy, Ministry of Foreign Affairs, Ministry of Interior, Ministry of Defense,Customs Administration Ministry of Economy (arms and military equipment) and Ministry of Interior (SALW) Procedure according to the Law on arms, Law on production and trade of arms and military equipment and bylaws For arms and military equipment 10 years, for SALW 20 years Details reference Web link additional Know 5

6 ii) What information do the records contain? [Article 12.3] a) Quantity b) Value c) ModelType d) Exporting State e) Importing State f) Transit transshipment State(s) g) End-User h) Other (please specify) E) Please provide any other information on transit andor transshipment practices you would like to share. technical characteristics, serial number, military list number, factory code,license number 5 ARMS BROKERING Details reference Web link additional Know A) Is the regulation of arms brokering established in national legislation? [Article 10] i) If yes, please provide the definition of brokering used in your national legislation? The Law on production and trade of arms and military equipment Article 4b Mediation (hereinafter in the text of the Law: Brokering services) refers to negotiations or arrangements for buying transactions, sales or purchase of AME products from one to any other country, as well as to sales or purchase of AME products located in one country and their transfer to any other country. For the purpose of this Law, the additional services, such as transport, financial services, insurance and reinsurance, advertizing and marketing shall not be considered as brokering services. Mediators (hereinafter: Broker) refers to trade companies or individuals performing brokering services as referred to in paragraph 1 of this Article, who meet the conditions stipulated in Article 23 of this Law. The Law on weapons Article 3,,Firearms intermediary shall mean a natural person individual tradesman or company, which is partially or entirely involved in mediation, i.e. negotiations for purchase, sales or transport of firearms, which differs from the activities of the companies referred to in Article 52, paragraph 1 of The Law on Changes and Amendments to the Law on Weapons (Official Gazette of the Republic of Macedonia n ) 6

7 B) Which Ministryies or government agencyies isare responsible for implementing controls on arms brokering? [Article 5.5] i) Which Ministry or agency leads this process? [Article 5.5] C) Does your State take measures to regulate brokering taking place under your jurisdiction? [Article 10] i) If yes, what measures does your State take to regulate brokering taking place under your jurisdiction? [Article 10] D) Please provide any other information on brokering practices you would like to share. Ministry of Economy, Ministry of Foreign Affairs, Ministry of Interior, Ministry of Defense,Customs Administration Ministry of Economy (arms and military equipment) and Ministry of Interior (SALW) Procedures according to the Law on arms, Law on production and trade of arms and military equipment and bylaws 6 PROHIBITIONS Details reference Web link additional A) Does your State prohibit transfers of conventional arms: i) If the transfer would violate obligations under measures adopted by the United Nations Security Council acting under Chapter VII, in particular arms embargoes. [Article 6.1] ii) If the transfer would violate relevant international obligations under international agreements to which you are a party, in particular those relating to the transfer of, or illicit trafficking in, conventional arms. [Article 6.2] a) Please provide a list of the relevant international agreements to which you are a party. [Article 6.2] - UN Firearms Protocol -UN Arms Trade Treaty -United Nations Convention against Transnational Organized Crime -EU Common position CFSP on the Control of Arms Brokering -EU Council Common Position CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment -The Convention on Cluster Munitions -Convention on Certain Conventional Weapons -Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (with Protocols I, II and III) -Protocol on Prohibitions or Restrictions on the use of mines, booby-traps and other devices as amended on 3 may 1996 ( Protokol II as amended on 3 may 1996) -Customs Convention on the International Transport of Goods under Cover of TIR Carnets (TIR Convention) -International Convention on the Harmonization of Frontier Controls of Goods - Convention on the Contract for the International Carriage of Goods by Road (CMR) Do not 7

8 - Protocol to the Convention on the Contract for the International Carriage of Goods by Road (CMR) iii) If you have ledge at the time of authorization that the arms or items covered by your State s legislation would be used in the commission of genocide, crimes against humanity, grave breaches of the Geneva Conventions of 1949, attacks directed against civilian objects or civilians protected as such, or other war crimes as defined by international agreements to which you are a Party. [Article 6.3] a) Please provide a list of the relevant international agreements to which you are a party. [Article 6.3] -Convention on the Prevention and Punishment of the Crime of Genocide,1948 -Convention on the non-applicability of statutory limitations to war crimes and crimes against humanity - International Convention for the Suppression of Terrorist Bombings - Convention (IV) relative to the Protection of Civilian Persons in Time of War - European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (ETS 126) -Protocol. 1 to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (ETS 151) -Protocol. 2 to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (ETS 152) -Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) - Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of n-international Armed Conflicts (Protocol II) - Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts, Geneva Convention. 1 for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, 1949, Geneva, - Geneva Convention. 2 for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, 1949, Geneva - Geneva Convention. 3 relative to the Treatment of Prisoners of War, 1949, Geneva - Geneva Convention. 4 relative to the Protection of Civilian Persons in Time of War, 1949, Geneva - Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 1977, Geneva - Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of n-international Armed Conflicts (Protocol II), 1977, Geneva B) Please provide any other information on prohibitions you would like to share. 8

9 7 RISK ASSESSMENT A) Does your State always conduct a risk assessment prior to authorization of an arms export? [Article 7.1] i) If no, please specify under which conditions a risk assessment is not required. [Article 7.1] B) Does your State require that the following criteria are included in your national assessment prior to granting an export authorization: [Article 7.1] i) Whether the arms would contribute to or undermine peace and security? Details reference Web link additional Do not ii) Whether the arms could be used to commit or facilitate a serious violation of international humanitarian law? iii) Whether the arms could be used to commit or facilitate a serious violation of international human rights law? iv) Whether the arms could be used to commit or facilitate an act constituting an offence under international conventions or protocols relating to terrorism to which your State is a party? v) Whether the arms could be used to commit or facilitate an act constituting an offence under international conventions or protocols relating to transnational organized crime to which your State is a party? C) Are additional criteria considered in addition to the Committee for review of applications for export and import licenses, transit, brokering services and offset shall perform following duties: 9

10 above prior to authorizing a transfer: -review all applications for licensing for export and import, transit, brokering services and offset of AME and providing an opinion on all applications received; -raise initiatives to regulate issues related to the export and import, transit, brokering services and offset of AME, with this law or other regulations in the defence field; -establishment of cooperation with other competent international institutions and bodies responsible for the same issues that are under its competence; and -application of the Common military list of the EU and observance of the restrictive measures in accordance with the Law on Restrictive Measures. (The Law on production and trade of arms and military equipment, Article 31 ) i) Risk of diversion [Article 11.2[ ii) Acts of gender based violence? [Article 7.4] Indirectly iii) Other (please specify) The Law on production and trade of arms and military equipment Article 31 h The Ministry of Economy shall reject the application for an export-import, transit or brokering license when it believes that the export-import, transit or brokering service related to AME products may cause negative consequences due to: -threats to the duty of meeting certain international obligations of the Republic of Macedonia; - threats to the security or defense interests of the Republic of Macedonia; - threats to any foreign-policy or economic interests of the Republic of Macedonia or anything that might be contrary to such interests; - possibilities of a breakout or continuation of armed conflicts in the country, which is the end user of the AME products; - possibilities for the arms and military equipment to be used for domestic repression in the country, which is the end user of the specific AME products; - the intended end use and possible risk of abuse; and - drawn conclusion that the effects of the AME products do not correspond with the indicated data in the application filed with the Ministry or if the exporter or producer, upon request by the Ministry, did not provide for inspection of the AME products or the accompanying documentation. D) Does your State consider risk mitigation measures as part of its authorization process? [Article 7.2] Details reference Web link additional Do not 10

11 i) If yes, what risk mitigation measures does your State consider practice? [Article 7.2] (i.e confidence building measures or jointly developed and agreed programs.) E) Please provide any other information on risk assessment and or mitigation practices you would like to share. 8DIVERSION Details reference Web link additional A) Does your State take preventative measures to mitigate the risk of diversion? [Article 11.2] i) If yes, what preventative measures does your State take to mitigate the risk of diversion? Information exchange B)Does your State cooperate and exchange information with States to mitigate the risk of diversion? [Article 11.3]. C) Does your State take appropriate measures when it detects a diversion of transferred conventional arms? i) If yes, what appropriate measures does your State take when it detects a diversion of transferred conventional arms? D) Is your State willing to share information on effective measures to address diversion? i) If yes, what information is your State willing to share? Information exchange; checking of licenses issued, if on our territory- stopping the shipment 9 ENFORCEMENT Details reference Web link additional A) Which agencyies isare responsible for enforcing arms transfer controls? [Article 5.5] i) Which Ministry or agency leads this process? [Article 5.5] B) What measures does your State take to enforce national laws and regulations that implement the provisions of the Treaty? [Article 14] Customs Administration and Ministry of Interior- Border police Ministry of Economy is responsible for enforcing arms and military equipment transport controls while Ministry of Interior is responsible for enforcing SALW transport controls. Pursuant to Article 118 of the Constitution of Republic of Macedonia, international agreements ratified in accordance with the Constitution are a part of the internal legal order and cannot be changed by law. 1 1 The Republic of Macedonia has established a national control mechanism as an arms non-producing country and pursues the obligation of strengthening the system already in place. In this respect, the following measures and activities have been undertaken: - Harmonization of the national legislation with the ATT provisions: The Law on Production and Trade in Arms and Military Equipment (Official Gazette of the Republic of Macedonia ) has been amended. The amended Law defines terms such as arms transfer, brokering, arms and military equipment, trade offset; - The competence of license issuance has been transferred from the Ministry of Defence to the Ministry of Economy; - The Government has established a special Commission tasked with considering applications for issuance of export and import licenses, licenses for transfer, brokering and arms and military equipment trade offset. 11

12 C) Please provide any other information on enforcement practices you would like to share. 10TRANSPARENCY A) Will your State provide an initial report within one year of entry into force on measures undertaken in order to implement that ATT? [Article 13.1] B) Does your State produce an annual report on: [Article 13.3] i) Authorized arms exports Details reference Web link additional ii) Authorized arms imports iii) Actual arms exports iv) Actual arms imports C) Are their legal impediments to the reporting requirements under the ATT? [Article 13.3] D) Can your State report on measures taken to address the diversion of transferred conventional arms? [Article 13.2] E) Has your State designated a national contact point for the ATT? [Article 5.6] i) If yes, please provide contact information. F) Please provide any other information on transparency practices you would like to share. 11 INTERNATIONAL COOPERATION Details reference Web link additional A) Is your State involved in cooperative measures that will help to implement the ATT? [Article 15.1] B) Is your State currently involved in: i) Exchange of information on conventional arms transfers [Articles 15.2 and 15.3] ii) Cooperative measures to prevent diversion [Article 15.4] - The next step is to harmonize the definition of small arms and light weapons in the Law on Arms and in the Law on Production and Trade in Arms and Military Equipment. 12

13 iii) Widest measure of assistance in investigations, prosecutions and judicial proceedings [Article 15.5] iv) Measures to prevent corruption [Article 15.6] v) Development of best practices and lessons learned [Article 15.7] C) Does your State intend to pursue cooperation in: i) Exchange of information on conventional arms transfers [Articles 15.1, 15.2 and 15.3] ii) Cooperative measures to prevent diversion [Article 15.4] iii) Widest measure of assistance in investigations, prosecutions and judicial proceedings [Article 15.5] iv) Measures to prevent corruption [Article 15.6] v) Development of best practices and lessons learned [Article 15.7] 12 INTERNATIONAL ASSISTANCE Details reference Web link additional A) Does your State require assistance to implement the provisions of the Arms Trade Treaty? [Article 16.1] If yes, please answer B. If no go straight to C. [Article 16.2] B) Does your State require: [[Article 16.1] i) Legal assistance ii) Legislative assistance, including model legislation iii) Assistance for institution building For regulation of transshipment in national legislation iv) Technical assistance v) Financial assistance vi) Material assistance vii) Stockpile management assistance viii) Disarmament, demobilization, or reintegration assistance ix) Assistance with effective practices for implementation x) Other (please specify) C) Is your State in a position to provide assistance to other States to enable implementation of the provisions of the Arms Trade Treaty? [Articles 16.1, 16.2 and 16.3] If yes, please answerd. If no, please go straight to E. 13

14 D) Is your State in a position to provide:[article 16.1] i) Legal assistance ii) Legislative assistance, including model legislation Details reference Web link additional iii) Assistance for institution building iv) Technical assistance v) Financial assistance vi) Material assistance vii) Stockpile management assistance viii) Disarmament, demobilization, or reintegration assistance ix) Assistance with effective practices for implementation x) Other (please specify) E) Please provide information on any additional needs required to implement the ATT, particularly with regards to legal, licensing, customs, awareness raising and enforcement of sanctions, reporting, and transparency. [Articles 16.1 and 16.2] F) Please provide information on any specific assistance programs that your State has provided that may help others implement the ATT, particularly with regards to legal, licensing, customs, awareness raising and enforcement of sanctions, reporting, and transparency. [Articles 16.1 and 16.2] G) Please provide information on specific assistance your State has received through the United Nations, international, regional, subregional or national organizations, non-governmental organizations, or on a bilateral basis that could be considered relevant for ATT implementation. [Article 16.2] -Participation at the Regional Workshop in COARM (26 th -28 th May 2014, Tirana, Albania) -Participation at 11 th Regional Arms Exports Information exchange process meeting (19 June 2014, Budva, Montenegro) -Participation at Professional Training Course on the Implementation of the Arms Trade Treaty organized by GCSP(6 th -12 th October 2014, Geneva, Switzerland) -Participation at 13 th Regional Arms Exports Information exchange process meeting (11 th March 2015, Tirana, Albania) 13THE ARMS TRADE TREATY Details reference Web link additional A) Has Your State already signed the Arms Trade Treaty? B) Has your State already ratified the Arms Trade Treaty? 14

15 C) Is your State preparing to sign the Arms Trade Treaty in the next two years? D) Is your State preparing to ratify the Arms Trade Treaty in the next two years? E) WillHas your State formulated one or more reservations upon ratification? [Article 25.1] i) If yes, please provide a description of your reservation (s). 15