Destruction of Small Arms and Light Weapons SALW

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EASP/PfP Regional Workshop Chisinau - Moldova ,
4-5 March 2004
Countering Small Arms and Light Weapons (SALW)
Trafficking in the Black Sea Region Improving
Regional Standards
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EASP/PfP Regional Workshop Chisinau - Moldova ,
4-5 March 2004
1. INTRODUCTION 2. EXPORT POLICY PRINCIPLES 3.
EXPORT CONTROL AUTHORITIES IN THE REPUBLIC OF
BULGARIA 4. SCOPE AND CONTROL OF FOREIGN TRADE
IN ARMS AND DUAL-USE GOODS AND TECHNOLOGIES 5.
CHALLENGES FACED BY THE EXPORT CONTROL SYSTEM IN
BULGARIA
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EASP/PfP Regional Workshop Chisinau - Moldova ,
4-5 March 2004
1. INTRODUCTION Since its creation in 1995 1996
the current Law on Control of Foreign Trade
Activity in Arms and Dual-Use Goods has been
amended for many times. The result today is the
creation of reasonable and considerable order to
trade in Arms and Dual-Use goods, which provides
legal security for the trustworthy actors and is
able to prevent and to punish abuses
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EASP/PfP Regional Workshop Chisinau - Moldova ,
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• 2. EXPORT POLICY PRINCIPALS IN THE AREA OF ARMS
  AND DUAL-USE GOODS AND TECHNOLOGIES
• Permit for foreign transaction is issued on a
  case-by-case basis
• 2.1. The transaction must not pose threat to the
  national security nor to the economic and foreign
  political interests of the Republic of Bulgaria
  nor to the international peace and security nor
  to the international obligations of the Republic
  of Bulgaria.
• 2.2 The goods and technologies - not intended
  for building, producing, processing, developing,
  managing, maintaining, storing or proliferating
  weapons of mass destruction.

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EASP/PfP Regional Workshop Chisinau - Moldova ,
4-5 March 2004
2. EXPORT POLICY PRINCIPALS IN THE AREA OF ARMS
AND DUAL-USE GOODS AND TECHNOLOGIES 2.3. There
must be no restrictions 2.4. The arms and
dual-use goods and technologies must not be
intended for a country whose territory is
experiencing hostilities or which is in a state
of military conflict 2.5. Observation of the
criteria and principles laid down in the EU Code
of Conduct. Missions of the Bulgarian export
control policy - deterring any illegal arms
transactions on the black and grey markets. -
to ensure effective and irreversible criminal
sanctions for the offences.
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EASP/PfP Regional Workshop Chisinau - Moldova ,
4-5 March 2004

• EXPORT CONTROL AUTHORITIES IN THE REPUBLIC OF
  BULGARIA
• Main Bodies the Ministerial Council LICENCE
• the Interdepartmental Commission PERMIT
• FOREIGN TRADE (IMPORTS AND EXPORTS) IN ARMS AND
  EXPORT OF DUAL-USE GOODS AND TECHNOLOGIES IS
  CONDUCTED ON THE BASIS OF A LICENCE GRANTED BY
  THE INTERMINISTERIAL COUNCIL AND A PERMIT ON A
  CASE-BY-CASE BASIS ISSUED BY THE
  INTERDEPARTMENTAL COMMISSION.

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EASP/PfP Regional Workshop Chisinau - Moldova ,
4-5 March 2004

• 4. SCOPE
• The scope - determined by the List of Arms and
  Dual-Use Goods and Technologies. The List
  complies in terms and content with the Wassenaar
  Arrangement Munitions List and the EU List of
  Dual-Use Goods and Technologies.
• catch-all clause - which follows the content of
  the identical provision in the EU acquis and
  allows control of dual-use goods and
  technologies, not included in the control lists,
  when these goods/technologies could be used for
  developing, producing, using, maintaining,
  storing, detecting, identifying or proliferating
  chemical, biological or nuclear weapons, or when
  they could be employed for military end-use.
• The Export Control Law - definition of military
  end-use and also of intangible transfers.

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EASP/PfP Regional Workshop Chisinau - Moldova ,
4-5 March 2004

• 5. CONTROL OF FOREIGN TRADE IN ARMS AND DUAL-USE
  GOODS AND TECHNOLOGIES
• In three tiers
• First control tier Licensing of companies
  engaged in international trade and
  transportation of arms and dual-use goods and
  technologies, including brokers.
• Assessment of the companies for reliability and
  economic stability.
• - The requirements - strictly defined in the Law
  on Control of Foreign Trade Activity in Arms and
  Dual-Use Goods and Technologies and the
  Regulation on its implementation.

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EASP/PfP Regional Workshop Chisinau - Moldova ,
4-5 March 2004
Second control tier Granting permits on a
case-by-case basis This is the level where the
parameters of every single foreign transaction
is evaluated prior to its release Third
control tier Control of transaction conduct
This is the level where the production
dedicated for export falls under physical
control and the end-user deliveries are
subject to inspection.
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EASP/PfP Regional Workshop Chisinau - Moldova ,
4-5 March 2004
The main challenge in the next few years will be
to implement in practice the requirement that
brokers, Bulgarian and foreign physical or legal
entities, should obtain licences for
participation in foreign transactions from and to
the territory of the Republic of Bulgaria. In
the course of introducing the brokerage licence
requirement, the Republic of Bulgaria was fully
aware of the possible risks encouragement of
brokers to cross to the black and grey zone
introduction of non-working criteria licensing
of non-reliable brokers differences in national
legislations lack of sufficient information on
the factual owners of offshore broker
companies. Positive experience - Most of the
licensed foreign brokers have empowered
Bulgarian individuals or legal entities to
look after their interests in Bulgaria, which
is a further facilitation of the work of the
control authorities.
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EASP/PfP Regional Workshop Chisinau - Moldova ,
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EASP/PfP Regional Workshop Chisinau - Moldova ,
4-5 March 2004
The introduction of high standards in the field
of export control requires respective serious
efforts for their implementation an adequately
organised and coherent administration as well as
sufficient financial resources. The Bulgarian
government works continuously for law enforcement
improvement and introduction of current measures,
which help with and enhance the work of the
agencies participating in the export control
system.
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EASP/PfP Regional Workshop Chisinau - Moldova ,
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EASP/PfP Regional WorkshopChisinau - Moldova ,
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EASP/PfP Regional WorkshopChisinau - Moldova ,
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