NEWSLETTER 56 EU-OUTREACH THE EU ARMS TRADE TREATY OUTREACH PROJECT EU ACTIVITIES IN SUPPORT OF THE IMPLEMEN TATION OF THE ARMS TRADE TREATY

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1 PAGE 1 EU-OUTREACH NEWSLETTER 56 JUNE / JULY 2014 IN THIS ISSUE 1 EU Arms Trade Treaty Outreach Project (ATT-OP) 3 EU-Outreach in Export Control of Dual-Use Items (LTP) 5 EU CBRN Risk Mitigation Centres of Excellence (CoE 5 and CoE 8) 6 Export Control for Dual-Use Items for Jordan and Kazakhstan (CoE 38) 7 EU-Outreach in the Field of Conventional Arms (COARM) 8 Activity Calendar 9 News on Export Control 11 Points of Contact For further information or general questions on our projects and activities promoted in this newsletter, please contact Ms. Irina Albrecht: Irina.Albrecht@bafa.bund.de. Federal Office of Economics and Export Control (BAFA), July 2014 BAFA Reproduction is authorised, provided the source is acknowledged. THE EU ARMS TRADE TREATY OUTREACH PROJECT EU ACTIVITIES IN SUPPORT OF THE IMPLEMEN TATION OF THE ARMS TRADE TREATY Within the framework of the European Security Strategy, the Federal Office of Economic Affairs and Export Control (BAFA) has been mandated to implement the EU s activities in support of the implementation of the Arms Trade Treaty (ATT) as outlined in Council Decision 2013/768/CFSP of 16 December This project is co-financed by the Government of the Federal Republic of Germany. The goal of the new EU ATT Outreach Project (ATT-OP) is to support the early entry into force and full implementation of the ATT. Upon request, the EU project will support a number of States in strengthening their arms transfer control systems with a view to being able to implement and ratify the ATT. The project also aims to increase awareness and ownership of the ATT at a national and regional level and therein contribute to its universalisation. The ATT-OP entails three different components. It offers dedicated national assistance programmes that provide a long-term partnership to address multiple national implementation priorities through tailored assistance activities. In addition to these comprehensive partnerships, ad-hoc seminars allow a flexible and quick response to individual requests for support. Regional seminars provide a platform to share best practice models, involve civil society actors and foster regional cooperation. PROJECT GOALS Securing an early entry into force Ensuring a transparent implementation of the ATT Working towards universalisation THE PROJECT IS Assisting partner countries in drafting, updating, and implementing, as appropriate, relevant legislative and administrative measures aiming at establishing and developing an effective system of arms transfer control in line with the requirements of the ATT; A newsletter published by the EU-Outreach Programmes on

2 PAGE 2 Strengthening the expertise and capacities of the partner countries authorities through best practices sharing, training and access to relevant information sources in order to ensure adequate implementation and enforcement of arms transfer controls; Promoting transparency in international arms trade building on the transparency requirements of the ATT; Promoting sustained adherence to the ATT by the partner countries in involving relevant national and regional stakeholders such as national parliaments, competent regional organisations, industry and civil society representatives who have a long term interest in monitoring the effective implementation of the ATT; Promoting wider interest in the ATT by engaging with countries that have not yet taken steps towards ATT signature and ratification or accession in order to support its universalisation. PROJECT ACTIVITIES Tailored national assistance programmes Ad-hoc activities Regional seminars Ratification and implementation of the ATT pose a number of new challenges individual to each country s arms transfer control system. To suit national priorities, each assistance programme will be jointly developed and specifically tailored to national requirements and distinctive national characteristics. The EU ATT-OP will provide a number of tools and implementation models that can assist countries in developing the necessary measures to ensure a transparent and sustainable implementation of the treaty. While promoting the application of suitable best practice models and implementation strategies, the regulation of arms transfers remains an aspect of a country s foreign and security policy and therefore the sole responsibility of each individual state. The EU ATT-OP will be implemented between April 2014 and April THE ARMS TRADE TREATY On 2 April 2013, the General Assembly of the United Nations adopted the Arms Trade Treaty. This landmark treaty is the first legally binding document designed to regulate the international trade in conventional arms. The treaty provides international standards to regulate arms transfer authorisations and prevent and eradicate illicit arms trade. Provisions of the treaty encourage international cooperation and assistance to support the development of effective national regulatory systems. The ATT covers a broad scope of conventional weapons including, among others, combat aircraft, warships, battle tanks and small arms and light weapons. Through setting binding standards, the ATT aims to foster international and regional peace, security and stability and reduce human suffering caused by irresponsible and illicit arms trade. The treaty was opened for signature on 3 June 2013 and will enter into force 90 days after the 50th ratification.

3 PAGE 3 EU-OUTREACH IN EXPORT CONTROL OF DUAL-USE ITEMS (LTP) SOUTH EAST EUROPE REGIONAL INVESTIGATION AND PROSECUTION SEMINAR A two-day regional seminar on the topic of investigation and prosecution took place in Becici (Montenegro) from April This event involved seven representatives from all South East European partner countries (Albania, Bosnia and Herzegovina, former Yugoslav Republic of Macedonia, Montenegro and Serbia) from the Ministry of Justice, prosecution and investigation units, licensing and Ministries of Foreign Affairs. With the support of EU Experts from Germany and the Netherlands, the participants discussed challenges in the process of investigation and prosecution for dual-use export control law violations. The intensive practical case studies related to investigation and prosecution were carried out in small working groups per country which supported the participants in their own process of assessing and evaluating national penalties (administrative and/or criminal) regarding their appropriateness and effectiveness. It provided a great opportunity for regional networking and exchange of information. MONTENEGRO STUDY VISIT TO GERMAN LICEN- SING AUTHORITY On 11 and 12 June 2014, a delegation of the Montenegrin Ministry of Economy visited the German licensing authority, with the objective to learn more about each other s export control system, especially with a view to the licensing process, the Montenegrin participants discussed with staff from various departments concerned with technical assessment of items, licensing procedures of listed and not-listed items, outreach to industry and interagency cooperation. In this way, the Montenegrin participants had the chance to see how the practical, day-to-day implementation of these processes is carried out within the German licensing authority. In addition, colleagues from Hungary and Slovenia supported the event and gave an insight into their respective procedures. Implementation challenges were discussed among all participants. In this context, the current draft law on export control of dual-use items was discussed. Source: BAFA

4 PAGE 4 EU-OUTREACH IN EXPORT CONTROL OF DUAL-USE ITEMS (LTP) UPCOMING EVENTS ALBANIA LEGAL ADVISORY MEETING EU legal experts and colleagues from the Albanian Licensing Authority will be meeting in order to discuss legal aspects with regard to the export control law on 8 and 9 July 2014 in Tirana. Special attention will be given to the implementation of the law. FORMER YUGOSLAV REPUBLIC OF MACEDONIA SOUTH EAST EUROPEAN SUB- REGIONAL WORKSHOP On 10 and 11 July 2014 a sub-regional workshop will be carried out in former Yugoslav Republic of Macedonia dedicated to customs officers and licensing representatives from Albania, Macedonia and Montenegro. Kosovo officials will also be joining the event (the latter will be financed by the US EXBS programme). This practical workshop builds upon the last sub-regional customs workshop, and will discuss catch-all controls and transit/transhipment issues including risk management topics.

5 PAGE 5 EU CBRN RISK MITIGATION CENTRES OF EXCELLENCE PROJECTS GERMANY CENTRAL HARMONIZED TRAINING From May 2014, representatives of several partner countries in the framework of the CoE project 5 attended the Central Harmonized Training in Eschborn, Germany. The event, being the centerpiece of the project, served to give the participants a deeper understanding of import and export control procedures of CBRN items and offered them a possibility to act as multipliers in their own countries by sharing their acquired skills and knowledge with relevant stakeholders. TAJIKISTAN COORDINATION VISIT From May 2014 the regional team for Central Asia visited Dushanbe, Tajikistan. The visit was prepared by the recently appointed National Focal Point for Tajikistan, the Nuclear and Radiation Safety Agency. The regional team visited inter alia the Ministry of Economic and Trade, Customs Service, Ministry of Agriculture, Ministry of Health and Population Social Protection and the Committee on Emergency Situations and Civil Defense. Source: Martin Fischer The training had a special focus on legal aspects, licensing, customs/ enforcement and interagency cooperation. Several representatives from different Member States of the European Union shared their expertise in these areas. In numerous presentations and one case study, the attending participants were given the possibility to engage in fruitful discussions and to raise their questions. We want to use this opportunity to thank all parties that were involved to make this event a great success. SENEGAL FOLLOW-UP VISIT From 2-5 June 2014, a national meeting took place in Dakar, Senegal. The Senegalese customs, commerce and environment committees gave good insight into their current existing systems. The regional coordinator of the African Atlantic Façade highlighted the importance of the Chemical Weapons Convention and how to implement a national procedure to ensure it. Furthermore, the objectives of CoE project 5 were presented to representatives of various ministries. This very successful visit, full of discussions, allowed an overall gain of ideas and different perspectives. UZBEKISTAN FOLLOW-UP VISIT The regional team for Central Asia visited Tashkent, Uzbekistan, from June 2014 for the second time in the framework of the CoE project 5. The visit included talks to the Ministry of Foreign Economic Relations, Investment and Trade, the Ministry of Health, State Customs Committee, State Inspection Sanoatgeokontekhnazorat, State Committee for Nature Protection, Institute of Nuclear Physics under the Academy of Science.

6 PAGE 6 EXPORT CONTROL FOR DUAL-USE ITEMS FOR JORDAN AND KAZAKHSTAN KAZAKHSTAN WORKING MEETING The second working meeting with the Kazakh export control authorities within the framework of the cooperation in Export Control of Dual-Use Items took place in Astana from 3-6 June The experts from Sweden, Austria and Germany (BAFA) were attending this meeting and worked jointly with their Kazakh colleagues from the Industry Committee on the finalisation of the action plan for the upcoming Implementation Phase of the Project. The main focus of the cooperation will be put on the assistance in establishment of the Identification Centre for nuclear and radioactive materials. The Kazakh side was very grateful for the close cooperation with the EU and the opportunity to adopt EU export control best practices. Source: BAFA

7 PAGE 7 EU-OUTREACH IN THE FIELD OF CONVENTIONAL ARMS (COARM) ALBANIA REGIONAL WORKSHOP ON ARMS EXPORT CONTROLS FOR SOUTH EAST EUROPEAN COUNTRIES On 26 and 27 May 2014, participants from Albania, Bosnia and Herzegovina, Montenegro, the former Yugoslav Republic of Macedonia, and Serbia attended a Regional Workshop on Arms Export Controls in Tirana, Albania. The seminar had a main focus on the criteria as written in the Common Position 2008/944/CFSP, the exchange of denial information, transit/transhipment in free trade zones as well as on the ratification and implementation of the Arms Trade Treaty. Divided into two breakout groups, the participants were given the possibility to work on four case studies in the areas of end-use/end-user verification and customs, which had both been prepared by some of the partner countries themselves as well as by the attending EU experts, who supported the event through their valuable knowledge. After having discussed and worked on these case studies, all results were presented in front of the plenary and participants were given the opportunity to engage in discussions. We would like to use this opportunity to thank all parties who were involved in the preparation of this event. A big thank you also goes to the participants, whose active engagement made the workshop a success. Source: BAFA

8 PAGE 8 ACTIVITY CALENDAR CONTRACT DATE COUNTRY ACTIVITY POINT OF CONTACT JUNE CoE Kazakhstan Second Working Meeting Ms Irina Albrecht CoE Senegal Follow-Up Visit Ms Katja Philipp LTP Montenegro Study Visit Ms Ivana Micic CoE Uzbekistan Follow-Up Visit Ms Katja Philipp JULY LTP Albania Legal Follow-Up Meeting Ms Ivana Micic LTP former Yugoslav Republic of Macedonia Regional Investigation and Prosecution Seminar Ms Ivana Micic CoE Jordan Coordination Meeting and Technical Discussion of Further Cooperation Mr Werner Knapp AUGUST CoE Kyrgyzstan Follow-Up Visit Ms Katja Philipp LTP Austria Alpbach Conference Mr Werner Knapp

9 PAGE 9 NEWS ON EXPORT CONTROL 04/2014 EU LAW / EMBARGO MEASURES CONGO (DEMOCRATIC REPUB- LIC) The Council Regulation (EU) No. 270/2014 of 17 March 2014 (OJ L 79 of , p. 34) amended the Regulation (EC) No. 889/2005 imposing certain restrictive measures directed against the Democratic Republic of Congo and provided for an additional derogation for technical and financial assistance related to arms and related material intended solely for the support or use by the African Union Regional Task Force. The Regulation (EU) No. 271/2014 of 17 March 2014 (OJ L 79 of , p. 35) amending the Regulation (EC) No. 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of Congo amended the criteria for the designation of persons and entities to be subject to the restrictive measures. This Regulation implements the Resolution 2136 (2014) of the UN Security Council of 30 January LIBERIA The Council Regulation (EC) No. 234/2004 concerning certain restrictive measures against Liberia is modified with the Council Regulation (EU) No. 262/2014 of 14 March 2014 (OJ L 76 of , p. 9) with regard to derogations for technical assistance related to non-lethal equipment which is intended solely for humanitarian or protective use. In addition, the demands in connection with the notification of assistance for military activities of the government of Liberia were amended. UKRAINE The Council Regulation (EU) No. 208/2014 of 5 March 2014 (OJ L 66 of , p. 1) concerning restrictive measures against certain persons, entities and bodies in view of the situation in Ukraine provided for the freezing of funds and economic resources of persons identified as responsible for the misappropriation of Ukrainian State funds. On 11 March 2014 (OJ L 70 of ) the entry concerning one natural person was corrected in Annex I to the Regulation. MEASURES FOR THE TERRITORI- AL INTEGRITY OF UKRAINE The Council Regulation (EU) No. 269/14 of 17 March 2014 (OJ L 78 of , p. 6) concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine imposed financial sanctions on persons listed in Annex I to the Regulation. They were identified as being responsible for actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine. Annex I was extended to include twelve additional natural persons with the Implementing Regulation (EU) No. 284/2014 of 21 March 2014 (OJ L 86 of , p. 27). CENTRAL AFRICAN REPUBLIC With the Council Regulation (EU) No. 224/2014 of 10 March 2014 (OJ L 70 of , p. 1) concerning restrictive measures in view of the situation in the Central African Republic financial sanctions were imposed on certain persons engaging in or providing support for acts that undermine the peace, stability or security of the Central African Republic. In addition to the arms embargo (s. b.) provided for by EU Decision, it is prohibited to provide services, technical assistance, brokering and financial assistance related to armaments and military activities. The Regulation (EU) No. 224/2014 is based on Resolution 2127 (2013) of the UN Security Council and implements the Council Decision 2013/798/CFSP of the European Union adopted on 23 December 2013 providing for i. a. an arms embargo. Thus, the Central African Republic has been considered a country subject to an arms embargo since 23 December 2013 within the meaning of Art. 4 (2) of Regulation (EC) 428/2009. The arms embargo was implemented on national level with the second ordinance amending the Foreign Trade and Payments Regulation (AWV) (for details see below).

10 PAGE 10 TERRORISM AFGHANISTAN The Council Implementing Regulation (EU) No. 261/2014 of 14 March 2014 (OJ L 76 of , p. 6) implementing Article 11 (4) of Regulation (EU) No. 753/2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan amended the list of names in Annex I. Five entries were revised and one natural person was removed. An extensive amendment of Annex I to the Regulation (EU) No. 753/2001 (as a whole 41 entries) was made with the Council Implementing Regulation (EU) No. 263/2014 of 14 March 2014 (OJ L 76 of , p. 11) implementing Article 11 (4) of Regulation (EU) No. 753/2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan. AL QAIDA The Commission Implementing Regulation (EU) No. 329/2014 of 31 March 2014 amending for the 211th time Council Regulation (EC) No. 881/2002 (OJ L 98 of , p. 11) puts into practice the decisions adopted by the Al-Qaida Sanctions Committee of the UN Security Council on 14 February 2014 and 14 March One natural person was removed from Annex I, another natural person was added and one entry was modified. Annex I to Regulation (EC) No. 881/2002 contains persons, groups and entities subject to the asset freeze and who must not be provided with funds and economic resources.

11 PAGE 11 POINTS OF CONTACT EU-OUTREACH IN EXPORT CONTROL OF DUAL-USE ITEMS Points of Contact: European Commission EuropeAid Development and Co-operation Office Mr Wolfgang Lehofer Federal Office of Economic Affairs and Export Control Ms Irina Albrecht EU CBRN RISK MITIGATION CENTRES OF EXCELLENCE INITIATIVE EU-OUTREACH IN THE FIELD OF CONVENTIONAL ARMS Points of Contact: Project no 5 Knowledge development and transfer of best practice on CBRN import/export monitoring, implemented by BAFA in cooperation with SIPRI Points of Contact: United Nations Interregional Crime and Justice Research Institute Ms Tamara Neskovic neskovic@mail.unicri.it Federal Office of Economic Affairs and Export Control Ms Katja Philipp Katja.Philipp@bafa.bund.de European External Action Service Directorate for Security Policy and Conflicts Prevention NonProliferation-Disarm@eeas.europa.eu Federal Office of Economic Affairs and Export Control Mr Werner Knapp Werner.Knapp@bafa.bund.de Project no 38 Export Control for Dual-Use Items for Jordan and Kazakhstan Points of Contact: European Commission EuropeAid Development and Co-operation Office Mr Wolfgang Lehofer Wolfgang.LEHOFER@ec.europa.eu Federal Office of Economic Affairs and Export Control Ms Irina Albrecht Irina.Albrecht@bafa.bund.de EU ARMS TRADE TREATY OUTREACH PROJECT Points of Contact: European External Action Service Directorate for Security Policy and Conflicts Prevention NonProliferation-Disarm@eeas.europa.eu Federal Office of Economic Affairs and Export Control Ms Irina Albrecht Irina.Albrecht@bafa.bund.de