ROMANIAN EXPORT CONTROLS SYSTEM Gicu POP, advisor, ANCEX

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ROMANIAN EXPORT CONTROLS SYSTEMGicu POP,
advisor, ANCEX

• EAPC/PfP Regional Workshop

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EAPC/PfP Regional Workshop POLITICAL BASIS

• Romanias foreign policy priorities
• The national economic and security interests
• The objectives of non-proliferation of WMD and
  other goods used for military destabilizing
  purposes
• The international treaties Romania is part to
• The international commitments it pledged to
• The principle of cooperation with other states
  promoting a similar policy of non-proliferation
• The contribution to international global struggle
  against terrorism

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EAPC/PfP Regional WorkshopANCEX NATIONAL
AUTHORITY in the fields of EXPORT CONTROLS
andCWC IMPLEMENTATION and incoming COMMITMENT
NATIONAL FOCAL POINT for UN FIREARMS PROTOCOL

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EAPC/PfP Regional Workshop ANCEX GOAL AND
OBJECTIVES

• GOAL maintain and develop the responsible
  behavior of Romania in the field of
  export control policy
• OBJECTIVES - strengthening the national export
  controls system
• - consolidating the first export control
  decade achievements
• - improving the primary legislation
• - developing the secondary legislation
• - fostering the enforcement dimension
• - implementing the transparency principle
  

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EAPC/PfP Regional Workshop EXPORT CONTROLS
SYSTEM
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EAPC/PfP Regional Workshop EVOLUTION OF THE
EXPORT CONTROL SYSTEM

• The Primary Stage 1992 1994
• The Accumulation Stage 1994 2001
• The Development Stage 2001 - currently
• ? Enforcement - July, 2003
• ? Splitting Export Controls - November, 2003

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EAPC/PfP Regional Workshop DEVELOPMENT STAGE

• since 2001
• January 2001 ANCESIAC became subordinated to
  the MFA
• Main features building a stronger country
  profile aiming to promote an active
  non-proliferation policy and to contribute to
  the global fight against terrorism
• - using new key tools such as
  Government Industry partnership
• - promoting a new culture of
  compliance and enforcement

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EAPC/PfP Regional Workshop THE ADDED VALUE OF
THE CURRENT STAGE OF EXPORT CONTROLS EVOLUTION

• Authorisation procedure
• Catch-all procedure
• ITT control
• International transit and transshipment
• Non-commercial foreign trade
• Intelligence services formal involvement in
  decision making process
• The strengthening of the sanctions regime

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EAPC/PfP Regional Workshop INTER-MINISTRY
COUNCIL(Arms Pillar)
ANCEX
MINISTRY OF FOREIGN AFFAIRS
MINISTRY OF ADMINISTRATION AND INTERIOR
INTER-MINISTRY COUNCIL FOR ARMS EXPORTS
FOREIGN INTELLIGENCE SERVICE
MINISTRY OF ECONOMY AND TRADE
ROMANIAN INTELLIGENCE SERVICE
CUSTOMS NATIONAL AUTHORITY
MINISTRY OF NATIONAL DEFENSE
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EAPC/PfP Regional Workshop LICENSING FLOW
CHART
PRE-LICENSING phase
NATIONAL AUTHORITY ASSESMENT DOCUMENTATION
ANALYSIS VERIFICATIONS INTER-MINISTERIAL COUNCIL
ASSENT
THE LICENCE APPROVAL/DENIAL
POST-LICENSING/POST-DELIVERY phase
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EAPC/PfP Regional Workshop LICENSING ANALYSIS

• Accuracy analysis of commercial data
• Opportunity analysis of end-use
• - embargo regime regional/global views
• - sensitivity of goods
• - end-user reliability
• - risk diversion
• - essential identical transactions
• - denial notifications
• Conformity analysis of data
• - issuing authority/signatures samples
• - related documents analysis

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EAPC/PfP Regional Workshop CRITERIA - selective

• Assessment process is based on
• UNSC Resolutions EU join actions and common
  positions
• OSCE Decisions other relevant unilateral
  restrictions
• provisions and criteria of EU Code of Conduct on
  arms exports
• the guidelines and decisions adopted by
  international non- proliferation and
  export controls regimes
• the behavior of the importer/exporter/supplier/end
  -user status
• the denial notifications shared within
  WA/NSG/AG

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EAPC/PfP Regional Workshop VERIFICATIONS

• On site
• Authenticity and originality
• - diplomatic channel
• - technical expertise
• Data base
• Specific information exchange

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EAPC/PfP Regional Workshop ROMANIAN ARMS AND
AMMUNITION LIST

• Control list established by Government Decision
  no 844/2000
• Wassenaar Arrangement listed items (ML1 to
  ML22))
• The provision of European Council Declaration
  adopting a common list of military equipment
• Catch-all procedure by ANCEX President Executive
  Order

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EAPC/PfP Regional WorkshopROMANIAN ARMS
EXPORTS (mil. USD)1994 - 2002
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EAPC/PfP Regional WorkshopEXPORT CONTROLS
DOCUMENTS ISSUED BY ANCEX(Arms Pillar)

• Authorizations
• Licenses
• individual
• global
• general.
• Permit
• international transit
• transshipment
• non-commercial operations.

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EAPC/PfP Regional WorkshopSANCTIONS (Arms
Pillar)

• Any violation of the provisions regarding imports
  or exports of strategic goods, as well as
  regarding the trustiness of the statements which
  is, according to the in effect law, a criminal
  offence, is punished according to the penal law.
• Any violation of the provisions regarding the
  ultimate destination designated customs units and
  delivery verification is considered offence,
  unless it is not considered a criminal offence
  and is fined with Lei 10.000.000 to 50.000.000.
• Any violation of the provisions regarding the
  customs offices designed for declaration and
  inspection of strategic goods, unless it is not
  considered a crime, according to the in effect
  law, is considered offence and is fined with Lei
  10.000.000 to 25.000.000.
• Should the violation of the provisions of the in
  effect law may seriously prejudice the strategic
  goods import and export control regime or the
  fulfillment of the commitments Romania pledged to
  abide by, the national authority shall revoke the
  license and, when necessary, the authorization to
  undertake strategic goods imports and exports.

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EAPC/PfP Regional Workshop ANCEX- THE WAY
AHEAD(Arms Pillar)

• New primary law on military equipment export
  control (e.g. EU provision on brokering
  activities, best practices)
• Developing a new enforcement culture
• Fostering post-licensing phase- mandatory
  reporting process
• Dissemination of export control sanction regime
• Mutual transparency and predictability in
  relationship with Romanian companies
• Maintain an honest international and regional
  image of national export controls

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EAPC/PfP Regional Workshop CONCLUSION

• Legality and adaptability
• Network of cooperation (domestic and
  international)
• Import of best effective practices