Dual Use and Arms Control, EU Regulation and Italian Law: general frame and focus on energetic materials

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1 Dual Use and Arms Control, EU Regulation and Italian Law: general frame and focus on energetic materials Angelo Minotti, Ph.D Prof. of Dual Use and Arms Control SYNOPSIS - UN Resolution Aims - Multilateral Control Regimes - EU Reg. 428/ Dual Use Goods and Technology, structure and general definitions - Energetic Materials, definitions and Dual Use categories - Italian Law 185/90 - Arms control and Military List, structure and general definitions - Energetic Materials, definitions and Military categories - Countries under special restrictions and/or embargoes

2 UN 1540 Resolution The United Nations Security Council Resolution 1540, adopted on 28 April 2004, decides that all States shall take and enforce effective measures to establish domestic controls to prevent the proliferation of nuclear, chemical or biological weapons and their means of delivery, including by establishing appropriate controls over related materials and to this end shall, among others, establish transit and brokering controls. Related materials are materials, equipment and technology covered by relevant multilateral treaties and arrangements*, or included on national control lists, which could be used for the design, development, production or use of nuclear, chemical and biological weapons and their means of delivery. * Multilateral treaties and arrangements: Missile Technology Control Regime (MTCR) Wassenar Nuclear Supplier Group (NSG) Australian Group Chemical Weapons Convention (CWC) INTERNATIONAL TREATIES AND ARRANGEMENTS Wassenaar Arrangement (full name "The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies") is a multilateral export control regime (MECR) with 40 participating states. It is the successor to the Cold war-era Coordinating Committee for Multilateral Export Controls (COCOM), and was established on July 12, 1996, in the Dutch town of Wassenaar. the Missile Technology Control Regime (MTCR) was established in April 1987 by Canada, France, Germany, Italy, Japan, Great Britain, and the United States. The MTCR was created in order to curb the spread of unmanned delivery systems for nuclear weapons, specifically delivery systems that could carry a minimum payload of 500 kg for at least 300 km. the Nuclear Suppliers Group (NSG), 1974, is a multinational body concerned with reducing nuclear proliferation by controlling the export and re-transfer of materials that may be applicable to nuclear weapon development and by improving safeguards and protection on existing materials. the Australia Group and the Chemical Weapons Convention (CWC) (full name is the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction), 1993, is an arms control agreement which outlaws the production, stockpiling and use of chemical weapons. The agreement is administered by the Organisation for the Prohibition of Chemical Weapons (OPCW). 4

3 EU Dual Use Reg. 428/2009 and amendments (actually the Reg. 1969/2016) 6 Annexes: - A 1: Dual Use goods list -A 2: Union general Export Authorization -A 3: Authorization models -A 4 (A3): other items (Stealth s technology, of the Community Strategic Control, MTCR s technology, CWC s technology, NSG s technology) -A 5: Repealed regulation with its successive amendaments -A 6: Correlation table (Items of Stealth technology, of community strategic control, of MTCR technology, of Chemical Weapons Convention, of NSG technology)

4 EU Dual Use Reg. 2420/2015 Annex I Categories: Subcategories: XA Systems, equipment and components XB Test, Inspection and Production Equipments XC Materials XD Software XE Technology

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7 Energetic Materials, definitions in the DU Reg. Energetic Materials, Dual Use Controls VOICE CATEGORY NUMBER PRODUCT GROUP REGIME 1A004 1A006 1A008 1B115 1B234 1C111 1C239 2B007 2B207 2B232 3A229 3A232 5A1 1 SPECIAL MATERIAL AND RELATED EQUIPMENTS 2 MATERIAL PROCESSING 3 - ELECTRONICS 5 - TELECOMUNICATIONS A SYSTEMS, EQUIPMENTS AND COMPONENTS B TEST, INSPECTION AND PRODUCTION EQUIPMENTS C - MATERIALS B TEST, INSPECTION AND PRODUCTION EQUIPMENTS A SYSTEMS, EQUIPMENTS AND COMPONENTS A SYSTEMS, EQUIPMENTS AND COMPONENTS WASSENAR MTCR NSG MTCR NSG WASSENAR NSG NSG MTCR

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9 Recalled in Annex III, as Items of Community Srategic Control, therefore need authorization for intra-eu transfers too.

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15 Recalled in Annex III, as Items of Community Srategic Control, therefore need authorization for intra-eu transfers too.

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18 Italian law L-185/90 on Arms Control Goods designed or modified for military use Energetic Materials, definitions in the Military List (1/2)

19 Energetic Materials, definitions in the Military List (2/2) Energetic Materials, Military Controls ML4 ML8 ML18 BOMBS, TORPEDOES, MISSILES AND OTHER EXPLOSIVES DEVICES AND CHARGES ENERGETIC MATERIALS PRODUCTION EQUIPMENT AND COMPONENTS

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30 Countries under special restrictions and/or embargoed - IRAN - RUSSIA - CRIMEA AND SEVASTOPOL - AFGHANISTAN - BELARUS - MYANMAR - BOSNIA AND HERZEGOVINA - NORTH KOREA - CONGO - IVORY COAST - CRIMEA - EGYPT - ERITREA - GUINEA - IRAQ - LEBANON - LIBERIA - LIBYA - MOLDOVA - SYRIA - SOMALIA - SUDAN - TUNISIA - ZIMBABWE Thanks Angelo Minotti angelo.minotti@uniroma1.it