NEWSLETTER 64 EU-OUTREACH THE EU ATT OUTREACH PROJECT EXPERTS MEETING AT BAFA IN ESCHBORN IN THIS ISSUE JUNE 2015 PAGE 1.

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1 PAGE 1 EU-OUTREACH NEWSLETTER 64 JUNE 2015 IN THIS ISSUE 1 The EU ATT-OP 7 EU-Outreach in Export Control of Dual-Use Items (LTP) THE EU ATT OUTREACH PROJECT EXPERTS MEETING AT BAFA IN ESCHBORN 9 Activity Calendar 10 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 for Economic Affairs and Export Control (BAFA), June 2015 BAFA Reproduction is authorised, provided the source is acknowledged. On June 2015, a group of international experts gathered in Eschborn at BAFA for the second experts meeting in the framework of the EU ATT-Outreach Project (ATT-OP). In the framework of the Council Decision 2013/768/CFSP, this event provided another opportunity for the implementing agency and the group of experts to discuss the process and activities conducted under the ATT- OP frame work. One year of ATT-OP implementation phase and the road ahead in the different country groups were points of discussions. The meeting also allowed for exchange and coordination to ensure a coherent approach of activities conducted by the various teams of experts considered with different countries and regions and to ensure ongoing success of the project. An update on the global ATT process was given, new tools and guidelines regarding effecti- Source: Martin Fischer Source: Martin Fischer ve ATT implementation were presented and different ATT outreach activities by different stakeholders were discussed. Furthermore, there was room for discussion on lessons learned. The experts meeting brought together a diverse group of over 20 international experts, including representatives from EU Member States and from international, non-governmental and research organizations. Participants from Austria, Belgium, Germany, Luxemburg, Mexico, Poland, Portugal, Switzerland, Spain, Sweden, Hungary as well as representatives of the Bonn International Center for Conversion (BICC), Control Arms, Saferworld, Small Arms Survey, the Stockholm Peace Research Institute (SIPRI), the Coventry University and the United Nations Office A newsletter published by the EU-Outreach Programmes on

2 PAGE 2 for Disarmament Affairs (UNODA) attended the meeting to discuss progress made in one year of ATT-OP implementation. The meeting was opened by a welcome address by BAFA s Director Mr Holger Beutel. A first presentation delivered by Ms Irina Albrecht, Head of Division Outreach-Projects Policy summarized ATT-OP s core objectives and gave an overview of past activities as well as an outlook on future seminars. Further presentations during the meeting s first day outlined current developments regarding the global ATT process. Updates were given to inform the audience on the current state of play in the preparatory process for the First Conference of State Parties (1CSP) that will be held in Cancun, Mexico in August Furthermore, an update on current challenges and discussion in the field of ATT Reporting Obligations with regard to Art. 13 (1) Initial Reports and Art. 13 (3) Annual Reports was given. The question of the final design of an ATT reporting template still remains an important point of discussion. Different experts presented new tools and guidelines available to enhance effective Source: Martin Fischer ATT implementation. UNODA presented the ATT Toolkit consisting of ten different modules that will give states a general overview of ATT provisions in an easy and accessible way. The ATT Baseline Assessment Project s current efforts were highlighted with a view to the reporting deadline of 30 June that would allow state parties to be included in the BAP statistics until the 1CSP. BICC introduced the SALW Guide, an internet-based information service on small arms and light weapons, intended to enhance SALW control by providing assistance in arms identification. Source: Martin Fischer Small Arms Survey presented the ATT Model Law that provides a judicial basis for ATT ratification, designed to meet the specific needs of Pacific islands states. This model law had a real-life effect when it was used to assist Samoa in their ATT ratification process. Saferworld reviewed the informal Expert Group on ATT Implementation s (EGAI) latest activities and announced further publications to foster the ATT ratification process. Control Arms presented the ATT Monitor which provides independent monitoring of the process of universalization and implementation of the ATT. Finally, a representative of SIPRI gave a comprehensive overview of available guidelines for ATT implementation. Progress in the different ATT-OP country groups for Latin America and the Caribbean, ECOWAS countries and Asia and the Pacific was presented by BAFA s ATT-OP project managers and experts involved in working with the respective ATT-OP partner countries Colombia, Jamaica, Peru, Senegal and the Philippines. Discussions were very vivid and focused on how to make these country activities and roadmaps even more effective, for example by ongoing efforts to coordinate and harmonize the ATT-OP s activities with other ATT-related projects and activities in the respective regions. As a first step in this direction, many of the representatives present at the ATT-OP experts meeting gave a comprehensive overview of ATT assistance/outreach projects all over the globe. The group of experts will meet again in Eschborn at the end of the year to conduct another ATT-OP experts meeting. BAFA would like to thank the experts for their valuable contribution and enthusiasm in sharing their experiences during the experts meeting, all of which will undoubtedly enhance the project s future impact on the global ATT process.

3 PAGE 3 THE EU ATT OUTREACH PROJECT REGIONAL SEMINAR ON THE IMPLEMENTATION OF THE ARMS TRADE TREATY IN MANILA On May 2015, a regional seminar to support the implementation of the Arms Trade Treaty for Asia and the Pacific was conducted in Manila, Philippines for member countries of the United Nations Regional Centre for Peace and Disarmament (UNRCPD). This two-days event brought together over 100 participants from 22 countries and was supported by experts from Croatia, Malaysia, the Netherlands, Sweden and the United Kingdom. The regional seminar was organized by the German Federal Office for and enabled participating countries and the implementing agent to reach out to other countries in the region and promote the UN Arms Trade Treaty. Key objective of this event were to allow participants to share views and experiences and to identify linkages between the project and assistance provided by regional organisations. To ensure maximal visibility of the project and its goals, a variety of invitees with diplomatic, military/defence, technical and law enforcement backgrounds as well as representatives of international and regional organizations and regionally-based NGOs were invited. Furthermore, the seminar gave the opportunity to involve regional networks and organisations in promoting the ATT. The seminar started with opening remarks delivered by Ambassador Rex D. Piad, the Special Envoy on Transnational Crime, who named the ATT an important milestone in the history of global peace and security. The ATT had the potential to reduce and eliminate the effects of illicit arms proliferation, especially in violation of international human rights, acts of terrorism and war crimes. German Ambassador Thomas Ossowski and Lubomir Frebort, Charge d Affairs at the EU Delegation to the Philippines, ad- dressed the importance of having such conferences and regional coordination to foster ATT ratification and effective implementation. A first keynote address was delivered by Defense Secretary Voltaire T. Gazmin who stressed the proliferation of small arms and light weapons in the Asia-Pacific region as one problem of vital importance. Mr Gazmin called for effective legislation to implement the UN Arms Trade Treaty in the Philippines. He also called on delegates from other signatory-states in the Asia-Pacific region to create sophisticated strategies to prevent, combat and eradicate transnational crime. Ambassador Sune Danielsson, Former Head of the Wassenaar Arrangement, delivered a keynote speech about the Arms Trade Treaty in its first year. He outlined benefits of having an effective licensing system in place and why it is in every country s very own

4 PAGE 4 interest to include ATT provisions into national legislatory frameworks. Security reasons as well economic arguments would have to be taken into consideration as positive effects of ATT ratification, since effective national controls of the transfer of conventional arms are not only essential to protect one country s security but are also a powerful tool to attract foreign investment and to get access to advanced technology. A roundtable discussion about principles, provisions and implementation challenges included speakers from the Philippines, the Republic of Palau - that was represented by H.E. Antonio Bells, Vice President of the Republic of Palau, the Kingdom of Cambodia and the Republic of Korea who shared their countries experiences with the ATT. They provided insights on the status of the ratification process, implementation measures and challenges as well as solutions tried and tested in their respective countries. Four different breakout groups fostered vivid discussion on ATT requirements. Topics were ATT scope and listed items (ATT Articles 2-4), controlled activities (ATT Articles 6-10), diversion (ATT Article 11) and record-keeping and reporting (ATT Art ). The meaning of each of thes e articles was explained in detail by the distinguished ATT-OP experts, especially with regard to the purposes of control in general, controlled categories of arms, the way of control, export/import/transit/ transhipment/brokering control, risk assessment, diversion threats, reporting and record keeping and in the end to show how different EU Member States deal with ATT requirements in practice. Therefore, different best practice examples from several EU Member States systems were provided to the interested audience. Discussions during the second day of the regional seminar on the one hand focused on diversion and the fight against arms smuggling. Basic elements for an effective enforcement system were highlighted and facts about effective customs control challenges, smuggling-trafficking methods and routes as well as how to make and conduct investigation and how to build efficient export control systems were topics of fruitful in-depth discussions. Some of the participating delegations shared experience about past cases of smuggling of arms and the violation of transit rules connected to arms transfer. It was stressed that the creation of an effective export control system depends on various factors, such as: risk assessment and management systems based on IT infrastructures, interagency and regional cooperation between all competent stakeholders involved in the processes, good cooperation with the industry and handling agents, freight forwarder, trade agents, ship agents etc. Education and training were highlighted as further variables of great importance. On the other hand, another breakout group focused on building an ATT licensing and enforcement system including practical implementations. Discussions focused mainly on questions as to what components need to be in place to have a robust ATT system. Which legislation should be applied to cover all ATT activities and incorporate control lists and assessment criteria? How to set up a competent authority with trained licensing staff that operates by clear rules, responsibilities and boundaries? Different systems were examined in this session, for example a comparison between the UK licensing process and the licensing model of Slovenia. During the seminar, different regional organizations, namely UNODA/UNRCPD and the Pacific Islands Forum, dealing with arms transfer issues, presented their activities in the Asia-Pacific region. They also addressed the issue of complementarity of

5 PAGE 5 the ATT with other instruments and programmes in the region. Representatives from different civil society organizations such as the International Committee of the Red Cross, Nonviolence International Southeast Asia, Control Arms, Small Arms Survey and the Centre for Asia Pacific Trade Compliance and Information Security presented their ATT-related activities and focused on the civil society perspective on the current state of play of the ATT ratification and implementation process. Also, they provided an outlook on future developments. The EU ATT-Outreach Team would like to express its heartfelt gratitude to all participants, our experts and, last but not least, our highly motivated Filipino colleagues. The manifold and rich contributions of all participants and experts greatly contributed to the success of the seminar and laid the foundation for a successful continuation of the global ATT process.

6 PAGE 6 THE EU ATT OUTREACH PROJECT UPCOMING ACTIVITIES JAMAICA INTER-AGENCY SEMINAR AND TRAINING FOR ENFORCEMENT AGENCIES On June 2015, colleagues from Albania, Germany, Hungary, the Netherlands and Slovenia met with Jamaican authorities for the first roadmap activity in the framework of ATT-OP in Kingston, Jamaica. The visit followed the agreed roadmap and initial visit earlier this year. To be able to cover more topics during the roadmap, Activity I was divided into two separate events taking place simultaneously. The first, a workshop on inter-agency cooperation in the context of licensing procedures featured the introduction of several inter-agency cooperation mechanisms and offered the chance for in-depth and lively discussions on the advantages and disadvantages of the different models. At the same time, enforcement agencies dealt with risk assessment and analysis as well as tools for information exchange with other agencies, transit procedures and best practice in the area of storage of seized items. The next roadmap activity, which will build on the outcomes of the first, will take place in late BURKINA FASO INITIAL VISIT Within the scope of the EU ATT-Outreach Project, an initial visit will take place on July in Ouagadougou, Burkina Faso. Since Burkina Faso ratified the ATT in June 2014, all relevant stakeholders in Burkina Faso will gather in order to discuss challenges, priorities and needs posed by the ATT implementation. GHANA INITIAL VISIT In the framework of the EU ATT-Outreach Project, an initial visit to Accra, Ghana will take place on July A team of ATT experts will meet with the relevant stakeholders in the field of arms trade control. During the meetings, they will discuss the state of the art of the ATT implementation in Ghana and recent developments in arms trade control. Furthermore, they will try to identify challenges the country might encounter by adhering to the ATT requirements. Based on the findings of these meetings, a jointly elaborated roadmap, consisting of three tailor made activities, will be designed along with the partner country.

7 PAGE 7 EU-OUTREACH IN EXPORT CONTROL OF DUAL-USE ITEMS (LTP) MOROCCO REGIONAL SEMINAR ON TRANSIT AND TRANSSHIPMENT Within the framework of the EU-Outreach Programme in Export Control of Dual-Use Items, participants from Morocco, Tunisia and Algeria gathered on June 2015 in Tangier, Morocco to participate in a regional seminar on transit and transshipment. The participants represented various authorities from the three partner countries, among those also the national customs authorities, Ministry of Interior, Tanger Med Port Authority as well as Defence Ministries etc. The seminar envisaged the exchange of best practices regarding the enhancement of practical capacities to control transit and transshipment of dual-use items. In order to achieve this goal, presentations were provided reflecting different national systems in place (including the EU system), risk management strategies and possible ways of information exchange. Furthermore, regional and interagency cooperation among customs and licensing authorities was discussed as well as different challenges faced in the daily implementation. Source: BAFA Following the presentations of the partner countries as Source: BAFA well as of the EU experts from Malta, Germany and Hungary, all representatives actively engaged in open and frank discussions and exchanged their national viewpoints and approaches. Thereby, the main topics of concern raised by the partner countries referred to national rights and obligations for intervention, legal definitions as well as the handling of free trade zones such as Tanger Med.

8 PAGE 8 EU-OUTREACH IN EXPORT CONTROL OF DUAL-USE ITEMS (LTP) UPCOMING ACTIVITIES SERBIA WORKSHOP ON FOREIGN TRADE COMPANY AUDITS: UPDATES AND CHALLENGES In the framework of the EU-Outreach programme in Export Control of Dual-Use Items, a workshop on foreign trade company audits will be organized in Belgrade, Serbia. The event is scheduled to take place on July 2015 and is dedicated to representatives from the Customs Administration Serbia. It will be supported by three EU Experts and will further focus on risk profiling and risk management. UKRAINE STUDY VISIT FOR THE STATE FISCAL SERVICE OF UKRAINE TO THE SLOVAK REPUBLIC On July 2015, a study visit for customs officials from the Ukraine will take place in Bratislava, Slovak Republic. This event is a follow-up of the joint EU-US ad hoc seminars that took place in March and May and will provide hands on training on prohibition and restriction area, dual-use goods and demonstration of control techniques with the usage of special technology equipment. Experienced customs officers from the Slovak Republic will provide the training in this specific area.

9 PAGE 9 ACTIVITY CALENDAR CONTRACT DATE COUNTRY / REGION ACTIVITY JUNE LTP III North Africa Regional Seminar on Transit / Transshipment (Morocco, Tunisia, Algeria) in Tanger, Morocco ATT-OP Asia and the Pacific Regional Seminar to support the Implementation of the Arms Trade Treaty in Manila, Philippines ATT-OP Jamaica Inter-Agency Seminar and Training for Enforcement Agencies (Roadmap Activity I) ATT-OP Germany Experts Meeting III JULY LTP III Serbia Workshop on Foreign Trade Company Audits: Updates and Challenges ATT-OP Burkina Faso Initial Visit ATT-OP Colombia Inter-Agency Seminar (Roadmap Activity I) ATT-OP Ghana Initial Visit LTPIII Ukraine Study Visit for the State Fiscal Service of Ukraine to the Slovak Republic 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 United Arab Emirates LTP III Austria Summer University Alpbach

10 PAGE 10 NEWS ON EXPORT CONTROL 06 / 2015 EU LAW / EMBARGO MEASURES CÔTE D IVOIRE With the Council Regulation (EU) 2015/615 of 20 April 2015 (OJ L 102 of , p. 29) implementing Regulation (EC) No. 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d Ivoire, Annex I to the Regulation (EC) No. 560/2005 is revised and the name of a person is removed from the list in Annex IA to the Regulation (EC) No. 560/2005. The amendments implement the resolution adopted by the United Nations Sanctions Committee on 26 February DEMOCRATIC REPUBLIC OF CONGO With the Council Regulation (EU) 2015/613 of 20 April 2015 (OJ L 102 of , p. 3) amending Regulation (EC) No. 1183/2005 imposing specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of Congo repealing Regulation (EC) No. 889/2005, the provisions of Regulations (EC) No. 889/2005 and (EC) No. 1183/2005 are integrated and the Regulation (EC) No. 889/2005 is repealed. Furthermore some provisions of Regulation (EC) No. 1183/2005 are updated to reflect standard wording used in recent legal acts on restrictive measures concerning liability, satisfaction of claims, and circumvention of prohibitions. The Council Regulation (EU) 2015/614 of 20 April 2015 (OJ L 102 of , p. 10) implementing Article 9 (4) of Regulation (EC) No. 1183/2005 imposing specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of Congo revises Annex I to Regulation (EC) No. 1183/2005 listing persons and entities who are subject to restrictive measures. The amendment implements the resolutions adopted by the United Nations Sanctions Committee on 5 February ZIMBABWE With the Council Regulation (EU) 2015/612 of 20 April 2015 (OJ L 102 of , p. 1) amending Regulation (EC) No. 314/2004 concerning certain restrictive measures in respect of Zimbabwe, the names of five persons listed in Annex IV to Regulation (EC) No. 314/2004 are deleted. SOUTH SUDAN The Council Regulation (EU) 2015/735 of 7 May 2015 (OJ L 117 of , S. 13) concerning restrictive measures in respect of the situation in South Sudan repeals and substitutes Regulation (EU) No. 748/2014. The EU thus implements the Resolution 2206 (2015) adopted by the United Nations Security Council on 3 March CENTRAL AFRICAN REPUBLIC With the Council Regulation (EU) 2015/734 of 7 May 2015 (OJ L 117 of , p. 11) amending Regulation (EU) No. 224/2014 concerning restrictive measures in view of the situation in the Central African Republic, Article 3 of the Regulation (EU) No. 224/2014 is revised and, thus, the scope of criteria for the designation of persons and entities is extended. This amendment implements the Resolution 2196 (2015) adopted by the United Nations Security Council on 22 January TERRORISM AL QAIDA With the Commission Implementing Regulation (EU) 2015/617 of 20 April 2015 (OJ L102 of , p. 35) amending for the 230th time the Council Regulation (EC) No. 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network, two natural persons are added to the list set out in Annex I to Regulation (EC) Nr. 881/2002. The amendments implement the resolutions adopted by the United Nations Sanctions Committee on 10 April 2015.

11 PAGE 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 for Economic Affairs and Export Control Ms Irina Albrecht EU ARMS TRADE TREATY OUTREACH PROJECT Points of Contact: European External Action Service Directorate for Security Policy and Conflicts Prevention Federal Office for Economic Affairs and Export Control Ms Irina Albrecht 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 Federal Office for Economic Affairs and Export Control Ms Irina Albrecht