NEWSLETTER 66 EU-OUTREACH EU-OUTREACH IN EXPORT CONTROL OF DUAL-USE ITEMS (LTP)

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1 PAGE 1 EU-OUTREACH NEWSLETTER 66 AUGUST 2015 IN THIS ISSUE 1 EU-Outreach in Export Control of Dual-Use Items (LTP) 4 The EU ATT-OP 5 Activity Calendar EU-OUTREACH IN EXPORT CONTROL OF DUAL-USE ITEMS (LTP) THE EU-OUTREACH PROGRAMME IN EXPORT CONTROL OF DUAL-USE ITEMS ( ) A REVIEW 6 News on Export Control 8 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 for Economic Affairs and Export Control (BAFA), August 2015 BAFA Reproduction is authorised, provided the source is acknowledged. With the Regional Workshop on Development on Strategic Trade Control in the GCC, which BAFA conducted back to back with an Industry Outreach Event for the United Arab Emirates in the last days of August, the EU-Outreach Programme in Export Control of Dual-Use Items, also known as the Long Term Programme (LTP) III, has come to an end. For BAFA, having been the implementing agency of the EU-funded project for almost ten years, the expiration of this programme marks the end of an era. At the same time, it has opened the door for various other projects, of which BAFA acts as the implementing agency, including among others the close cooperation with Jordan and Kazakhstan in the framework of the CoE project 38 and the EU ATT-Outreach Project. Building on the Pilot Projects 2005 and 2006, LTP I started in 2008, followed by LTP II in 2011 and eventually, LTP III in In the course of the years, numerous activities (both on a national and on a regional level) have been conducted, including among others study visits, regional workshops, interagency seminars, industry outreach events, legal reviews and export control conferences. LTP III covered 23 partner countries in six regions of the wo rld. In the course of the years, many of these countries have become partners in other EU- and nationally funded projects as well, which will ensure cooperation with BAFA also in future. OBJECTIVES OF THE PROGRAMME Main objective of the programme was to enhance the effectiveness of export control systems of dual-use items in order to contribute to the fight against the proliferation of Weapons of Mass Destruction (WMD) and related materials, equipment and technologies. In this sense, primary aims were to: Improve international cooperation on export control, which was achieved through various tailor-made seminars and workshops, both on a national and on an international level; Enhance the legal and regulatory frame work of the partner countries with regard to export control; Increase awareness and readiness among government officials and the A newsletter published by the EU-Outreach Programmes on

2 PAGE 2 industry / research community to discuss and implement mechanisms in line with the European Security Strategy and the EU Strategy against the proliferation of WMD; Enhance the capacities of relevant authorities of the partner countries to implement export control regulations and to effectively control the trade of these items by means of a licensing system; Enhance capacities of relevant enforcement authorities as well as investigation/prosecution authorities (customs, judicial sector et alia); Improve interagency relations and the cooperation between industry and governments, which also included the compliance by industry and the research community with relevant registration; Improve access to information by acting as a clearing house for requests for assistance and/or advice by partner countries and by collecting materials and personnel for technical assistance in the field of export controls. TAILOR-MADE CONCEPT The concept of the programme to offer tailor-made assistance in the area of export control (in contrast to ready-made solutions) was one of the key strengths of the LTP III. It enabled flexible adaptation and ensured that priorities and needs as expressed by the respective partner countries could be met in the most effective way. In addition to these activities and regardless of the approach taken, BAFA maintained regular communication with all partner countries throughout the programme by means of various coordination meetings and bilateral talks. In the course of the programme, BAFA succeeded in intensifying cooperation with most of the partner countries. One of the greatest achievements is the initiated programme with Jordan and Kazakhstan in the framework of the Source: BAFA CoE project 38, which started as of 01 January With the main objective to deepen support measures in order to improve dual-use export control systems in the two countries, the project will last for 24 months. With the two Long Term Experts for each country, the implementation phase of this project has started as of 02 August In this way, Mr Matjaž Murovec from Slovenian Customs Administration is working in Astana, Kazakhstan, while Mr Werner Knapp from BAFA acts as an expert in Amman, Jordan. PROGRAMME ACTIVITIES In the framework of the LTP III, BAFA has carried out more than 40 activities. Based on five pillars (legal, licensing, customs, awareness, sanctions), numerous achievements were made in the course of cooperation with the partner countries. For instance, legal reviews as well as legal seminars / workshops ensured that numerous partner countries could draft and/ or implement comprehensive export control legislation. Moreover, relevant export control documents and legislative texts were translated into several languages and the understanding of the EU export control system enhanced. Awareness raising among industry representatives of their role and responsibilities in the field of export control was another important aspect, which was covered through the programme, as well as awareness raising of how various ministries / ministries and industry can cooperate in order to ensure an effective export control system. Various experts from EU Member States with long-standing experience in one or several of the five above-mentioned pillars ensured that the preferences as expressed by the partner countries in the framework of the programme were met. Just as in the case with the contact points in the respective partner countries, a trustful relation has been established with a multitude of EU Experts. Cooperation with them has not only been limited to LTP III, but has been extended to other projects which are implemented HIGHLIGHTS Among the highlights in the programme was the EU Export Control Forum, to which all 23 partner countries were invited and which BAFA co-organized in Frankfurt, Germany on January Entitled New and Evolving Challenges, the Forum offered the opportunity for discussions and exchange of best practices between the partner countries of LTP III.

3 PAGE 3 Another highlight was the finalization of the joint bilateral EU-China Handbook on Export Control of Dual-Use Items which had started in 2011 and which was published in English and Chinese. In December 2013, the opportunity was used to officially exchange the joint Handbook between the EU, represented by the Deputy Head of the EU Delegation, and the Director General of the Department of Arms Control and Disarmament of the Chinese Foreign Ministry. Export Control Forum in January 2015 (Source: BAFA) THE FUTURE Although the LTP III has come to an end as of 31 August 2015, BAFA remains the implementing agency of several other EU- and nationally funded projects. In this way, it is ensured that it is only the project itself coming to an end, but not the cooperation and even friendship, which has been established with the partner countries in the framework of LTP III. As for the future, the Outreach Team from BAFA looks forward to continuing the cooperation both with experts and with the partner countries. Mr Georg Pietsch, Director General and EU Project Leader, would like to use this occasion to express his gratitude to all involved parties for their long and trustful collaboration in the framework of the LTP III. Through out the years, the entire Outreach Team has put their heart and soul in the project work and has always appreciated the willingness and dedication in the course of cooperation. We are very glad that we can continue the collaboration on many sides in future. Launching Ceremony of Joint EU - China Handbook on Export Control of Dual-Use Items in December 2013 (Source: BAFA)

4 PAGE 4 THE EU ATT OUTREACH PROJECT UPCOMING ACTIVITIES GEORGIA INITIAL VISIT In the framework of the EU ATT-OP, BAFA will organize an Initial Visit to Tbilisi, Georgia on September This two-days meeting with all relevant arms trade control stakeholders is supposed to allow the Outreach Team to determine the status quo of the Georgian ATT implementation and arms transfer controls in general. Experts from Germany, Greece and Romania will meet their Georgian colleagues in order to discuss in depth possible fields of cooperation within the project as well as challenges the country might encounter by adhering ATT requirements. Based on the findings of this Initial Visit, a jointly elaborated roadmap comprised of future activities will be designed with the partner country. cess and to identify linkages between the project and assistance provided by regional organizations. A team of international ATT experts will support the participants when it comes to discussions of the effective implementation of the ATT provisions and obligations with a specific focus on regional needs and particularities. Furthermore, the seminar offers a platform to discuss the outcomes of the First Conference of State Parties in Cancun, Mexico in August AFRICAN STATES (WITHOUT ECOWAS MEMBERS) REGIONAL SEMINAR In cooperation with UNREC and other authorities and organisations, BAFA is in the process of organizing a regional seminar in South Africa. The event is scheduled to take place on September 2015 and will be conducted in the framework of the EU ATT-OP in Pretoria. Invitees will include all African countries with the exemption of those countries who participated in the first Regional Seminar for Western Africa in May In addition to the countries delegates, representatives of regional organisations and regionally based non-governmental organisations will be invited. The seminar will be conducted in accordance with Council Decision 2013/768/CFSP. COLOMBIA TRAINING FOR ENFORCEMENT AGENCIES BAFA is in the course of organizing a Training for Enforcement Agencies for Colombian police and customs officials on October 2015, which will take place in Bogotá, Colombia. This event is the second roadmap activity in the framework of the EU ATT-OP for the Latin American partner country. During the training, customs and police officers from a variety of countries will exchange experience and knowledge on several topics surrounding identification and illicit trafficking of conventional arms. Main objective of this event will be to allow participants to share views and experiences with regard to the ATT implementation pro-

5 PAGE 5 ACTIVITY CALENDAR CONTRACT DATE COUNTRY / REGION ACTIVITY AUGUST LTP III United Arab Emirates Regional Workshop on Development on Strategic Trade Control in the GCC, back to back with an Industry Outreach Event for the United Arab Emirates SEPTEMBER ATT-OP Georgia Initial Visit ATT-OP African States (without ECOWAS Members) Regional Seminar OCTOBER ATT-OP Colombia Training for Enforcement Agencies (Roadmap Activity II) ATT-OP Togo Ad Hoc Seminar ATT-OP Jamaica Training for Enforcement Agencies and Inter-Agency Seminar (Roadmap Activity II)

6 PAGE 6 NEWS ON EXPORT CONTROL 08 / 2015 EU LAW / EMBARGO MEASURES IRAN On 14 July 2015, based on the Joint Plan of Action adopted on 24 November 2013, an agreement was reached with Iran on a long-term comprehensive solution to the Iranian nuclear issue ( Joint Comprehensive Plan of Action ). This agreement was unanimously adopted by the United Nations Security Council in Resolution 2231 (2015). For the exact wording of the UN Resolution go to: documents/resolutions/2015.shtml. This UN Resolution 2231 is a first step to implement the Vienna Agreement. However, it does not constitute a complete and direct lifting of the sanctions. As agreed, it is necessary first of all that the International Atomic Energy Agency (IAEA) confirms in its report that Iran completed the first central steps to dismantle its nuclear programme. Then the prevailing UN sanctions will be lifted and substituted by the measures provided for in the UN Resolution Only at that point the EU and USA are obliged to grant extensive relief from sanctions. Therefore, the EU sanctions remain in force unchanged and need to be observed. The only sanctions relief in force since January 2014 was extended with Council Decision (CFSP) 2015/1148 of 14 July 2015 (OJ L 186 of , p. 2) until 14 January In addition, there will be strictly defined derogations in connection with the Iranian obligation to dismantle (cf. Art. 43b/43c of Regulation (EU) No. 267/2012 as amended by Council Regulation (EU) 2015/1327 of 31 July 2015, OJ L 206 of , p. 18). If the fixed objectives of the agreement are implemented as planned there will be a significant reduction of the EU s economic sanctions in the first quarter of The restrictive measures will be revoked in major sectors, for instance energy and finance. Until then the prohibitions and licensing requirements laid down in Regulation (EU) No. 267/2012 together with the relaxations stipulated in Regulation (EU) No. 42/2014 continue to apply. Please note in this connection that not only the export of the goods listed in the relevant Annexes but also their sale continues to be prohibited. This prohibition of sale has to be observed independently of whether or when an export is intended. Furthermore the financial sanctions, i. a. the prohibition of provision under Art. 23 (3) of the Iran embargo regulation continue to apply unchanged. It continues to be prohibited to make available, directly or indirectly, funds or economic resources to persons, entities and undertakings listed in Annexes VIII or IX to the Iran embargo regulation. This shall also be taken into consideration when contracts are concluded. In addition, please note in this connection that the sanctions under Regulation (EC) No. 359/2011, which were imposed due to the human rights situation in Iran, remain unaffected by the above-mentioned agreement. These sanctions also continue to apply unchanged. With the Council Regulation (EU) 2015/1001 of 25 June 2015 (OJ L 161 of , p. 1) implementing Regulation (EU) No. 267/2012 concerning restrictive measures against Iran one person and eight entities were already removed from the list in Annex IX to Regulation (EU) No. 267/2012 and the identifying information on six entities was amended. NORTH KOREA With the Commission Implementing Regulation (EU) 2015/1062 of 2 July 2015 (OJ L 174 of , p. 16) amending Council Regulation (EC) No. 329/2007 concerning restrictive measures against the Democratic People s Republic of Korea one entity and six natural persons were added to the list in Annex V to Regulation (EC) No. 329/2007. SYRIA With the Council Regulation (EU) 2015/961 of 22 June 2015 (OJ L 157 of , p. 20) implementing Regulation (EU) No. 36/2012 concerning restrictive measures in view of the situation in Syria one person was removed from the list in Annex II to Regulation (EU) No. 36/2012. SOUTH SUDAN With the Council Regulation (EU) 2015/1112 of 9 July 2015 (OJ L 182of , p. 2) implementing Article 20 (1) and Article 22 (1) of Regulation (EU) 2015/735 concerning restrictive measures in view of the situation in South Sudan two persons were removed from the list in Annex II to Regulation

7 PAGE 7 (EU) 2015/735 and were included in Annex I to the same Regulation. This amendment gives effect to the decision of the United Nations Sanctions Committee adopted on 1 July 2015 to impose sanctions on these persons, which were already autonomously listed by EU, at UN level, too. No direct legal consequences arise therefrom because the financial sanctions against persons, entities and undertakings that are either listed in Annex I or Annex II to the above-mentioned regulation are drafted in the same way. Furthermore, four other natural persons were included in Annex I. certain tasks in connection with the implementation of the above regulation. In Germany BAFA is the competent licensing authority. BELARUS With the Council Regulation (EU) 2015/1133 of 13 July 2015 (OJ L 185 of , p. 1) implementing Regulation (EC) No. 765/2006 concerning restrictive measures against Belarus the identifying information relating to four persons and three entities was amended in the list in Annex I to Regulation (EC) No. 765/2006 and the information on two persons and four entities was deleted. ANTI-TORTURE REGULATION COMMISSION DELEGATED REGULATION (EU) 2015/1113 OF 6 MAY 2015 The Commission Delegated Regulation (EU) 2015/1113 of 6 May 2015 (OJ L 182 of , p. 10) amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment redrafted Annex I to Regulation (EC) No. 1236/2005. Annex I comprises the list of the competent authorities performing

8 PAGE 8 PAGE 8 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 Wolfgang.LEHOFER@ec.europa.eu Federal Office for 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 for Economic Affairs and Export Control Ms Irina Albrecht Irina.Albrecht@bafa.bund.de EU CBRN RISK MITIGATION CENTRES OF EXCELLENCE INITIATIVE 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 for Economic Affairs and Export Control Ms Irina Albrecht Irina.Albrecht@bafa.bund.de