The Hague, October 19, 2003 THE NATIONAL AGENCY FOR EXPORT CONTROLS 1 R O M A N I A National Agency...

1The Hague, October 19, 2003

THE NATIONAL AGENCY FOR EXPORT CONTROLSTHE NATIONAL AGENCY FOR EXPORT CONTROLS

R O M A N I AR O M A N I ANational Agency for Export Controls National Agency for Export Controls

- ANCEX -- ANCEX -

CWC IMPLEMENTATION

Brief Introduction toRomanian Model of

By Nineta BarbulescuBy Nineta BarbulescuSecretary of StateSecretary of StatePresident of NAPresident of NA



“the State Parties shall …undertake to review their existing national regulations in the field of trade in chemicals in order to render them consistent with the object and purpose of this Convention”.

indicates that the toxic chemicals and their precursors, which are defined as chemical weapons, may be used for purposes not prohibited under CWC, as long as the types and quantities are consistent with such purposes.

each SP “undertakes never under any circumstances … to transfer, directly or indirectly, chemical weapons to anyone.”

these restrictions should be applied without “hampering …the international exchange of scientific and technical information and chemicals and equipment for the production, processing or use of chemicals for purposes not prohibited under this Convention.”

Chemical Weapons Convention

Article I:

Article II:

Article XI:



CWC ImplementationSuplemented by the Export Control Area

- Control of End Use / End User

- Control of Equipment & Technologies

- Enforcement Procedures and Mechanisms

- Specialized Expertise

- National Interagency Cooperation

- International Cooperation



NATIONAL AUTHORITY

• Established within the National Agency for Export Controls = ANCEX

• Romanian institutional model = ANCEX experience

• have assured the complementarity between the two fields: CWC implementation and export control

• functioning from the ratification of CWC in 1994• operational from CWC entry into force, in 1997

• same expertise required• control lists and enforcement activities

• Currently subordinated to the MFA• Coordinated by the minister delegate for

coordination of control authorities



Romanian legislation consolidates in nuce all major multilateral EC regimes & nonproliferation organizations

NSG, ZC 1991 MTCR applicant since

1992 AG 1995 WA 1996 OPCW 1997 EU Code of Conduct for Arms Exports 1998 HCOC 2002 1334 EU Regulation on Export Controls of Dual Use Items 2003

FRAMEWORK OFINTERNATIONAL COMMITMENTS

- Selection for this presentation -



ROMANIAN EXPORT CONTROL & CWC IMPLEMENTATION SYSTEM

SYSTEM OF EXPORT CONTROL

ANCEXANCEXNATIONAL AUTHORITYNATIONAL AUTHORITY

PRINCIPLESPRINCIPLES

REGULATIONSREGULATIONS

MECHANISMSMECHANISMS

AUTHORIZATIONS, LICENSING & AUTHORIZATIONS, LICENSING & CONTROL PROCEDURES CONTROL PROCEDURES

SANCTIONSSANCTIONS

INSTITUTIONSINSTITUTIONS

CWCIMPLEMEN-TATION

DECLARATIONS, NOTIFICATIONS & DECLARATIONS, NOTIFICATIONS & INSPECTION PROCEDURES INSPECTION PROCEDURES



CONTROL LISTS – include Scheduled Chemicals -

• GD 467/1999

• GD 844/2000

Categories (materials, equipment & technology):0 - Nuclear;

1 – 1 – ChemicalChemical,, BiologicalBiological;2 – Materials processing;3 - Electronics4 - Computers5 – Telecom., Data Security6 – Sensors & Lasers;7 – Navigation & Avionics;8 - Maritime;9 – Propulsion, Space

A – Sist.,Equipm. Compon.

B - Test,Insp.,Prod. Equipm.

C - MaterialsD - SoftwareE - Technology

Subcategories001 - 099 - WA;101 - 199 - MTCR201 - 299 - NSG301 - 399 -AG 401 - 499 -CWC901 - 999 - National

• Government Decision 92/2002

• Updated Lists – Nov.2003 (R149/2003)

1C350

1C450

Toxic chemicals & toxic

chemicals precursors

1C950 Mixtures



LEGISLATION

PRIMARY LEGISLATION

• OUG 158 / 1999 on the Control of Exports and Imports of Strategic Products

• Law 499/2002 on the participation of Romania to WA

• Military Pillar

• Dual Use Pillar• Law 387/2003 on the Export Control of Dual Use Items and

Technology – EIF in 15 days

• Law no.56 / 1997 on the CWC implementation- under review procedure / adoption – Nov.2003

• CWC Implementation Pillar

IINNTTEERRCCOONNNNEECCTTEEDD



INTERCONNECTED LEGISLATION

• CWC Implementation Law CWC Implementation Law • application of the export control regime specific procedures

and methodologies to scheduled chemicals transfers

• Export Control LegislationExport Control Legislation• prohibits the transfers of schedule 2 chemicals • conditions for transfers to states that are not parties to CWC • all imports and exports of scheduled chemicals are licensed • ANCEX issues exclusively individual licences• catch-all clause – General Purpose Criteria• end-use control – consistent with CWC provisions



RELEVANT LEGISLATION PROVISIONS

• More stringent controlsMore stringent controls – – Reviewed CWC Implementing Law -Reviewed CWC Implementing Law -

• Implementation of the General Purpose Criteria Implementation of the General Purpose Criteria • Declaration of Schedule 1 chemicals ownershipDeclaration of Schedule 1 chemicals ownership• Registration of all Schedule 1 Chemicals operationsRegistration of all Schedule 1 Chemicals operations• Lower declaration thresholds for DOC / PSF chemicalsLower declaration thresholds for DOC / PSF chemicals• Special designated customs officesSpecial designated customs offices • Refusal of receiving the inspection teams - crimeRefusal of receiving the inspection teams - crime

• After the September 11, 2001 events, more After the September 11, 2001 events, more stringent controls aiming to combat stringent controls aiming to combat terrorism were imposed within both fieldsterrorism were imposed within both fields



• More stringent controlsMore stringent controls - New Export Controls Law - - New Export Controls Law -

• Registration of all producers or developers Registration of all producers or developers • Control of transfers of scheduled chemicals is Control of transfers of scheduled chemicals is

applicable in free zones/portsapplicable in free zones/ports• Delivery verification certificate from nonSPsDelivery verification certificate from nonSPs• Internal delivery documents specification: “the item is Internal delivery documents specification: “the item is

under control…”under control…”• Special designated customs officesSpecial designated customs offices • Control Body of ANCEXControl Body of ANCEX• Obligation of other national enforcement agencies to Obligation of other national enforcement agencies to

provide to the NA all available relevant dataprovide to the NA all available relevant data




• Pragmatic and Transparent ProceduresPragmatic and Transparent Procedures• Sensitiveness of Items and of Final UseSensitiveness of Items and of Final Use• Interagency CooperationInteragency Cooperation• Specialized ManagementSpecialized Management• Improved Sanctions RegimeImproved Sanctions Regime• International CooperationInternational Cooperation• Multicriteria Applications’ AssessmentMulticriteria Applications’ Assessment


• Common issuesCommon issues



• Specialized Intra-company ManagementSpecialized Intra-company ManagementImplementation of the ICP• Knowledge – legislation, training, products, partners

• More Stringent Internal Control Mechanisms

• Motivation & Responsibility

Maximum transparency is an essential prerequisite for democratic accountability as the best guarantee of peace and stability.

Karl von Wogau

•Global > regional > national security - the condition of economic prosperity•Reputation of companies •Violation of the regime => losing privileges + the partners trust


ANCEX OUTREACH TO INDUSTRY PROGRAM 2001-2004



• Improved Sanctions RegimeImproved Sanctions Regime

• Administrative

• Civil

• Criminal




• International Cooperation in Export ControlsInternational Cooperation in Export Controls

• Bilateral• US, UK, Germany, France, Netherlands,

Norway, Israel, Poland, Hungary, Japan, Bulgaria

• Denial notifications - voluntary• No-undercut policy

• Multilateral (within international Export Controls regimes)

• Regional - a long way ahead




• International Cooperation in CWC environmentInternational Cooperation in CWC environment

• Clarification of Discrepancies Between Transfers Declarations - see the dedicated national paper within the Review Conference

• Bilateral Consultations: France, Netherlands, Poland, Hungary, Japan

• Regional Meetings of National AuthoritiesRegional Meetings of National Authorities - EEG - May 17-19, 2004 / Bucharest- EEG - May 17-19, 2004 / Bucharest “ “Transfers of Scheduled Chemicals” Transfers of Scheduled Chemicals”

• Participation to other relevant OPCW activities




end – use / end-user embargo regime regional \ global views information exchange goods sensitivity end-user reliability brokers/ dealers risk of diversion essential identical transactions

• Multi-criteria Assessment of License Multi-criteria Assessment of License ApplicationsApplications




www.ancex.rowww.ancex.ro , , www.export-control.rowww.export-control.ro

Web sites:Web sites:

ANCEX OUTREACH TO INDUSTRY PROGRAM 2001-2004

[email protected] [email protected] - under construction -- under construction -

The Hague, October 19, 2003 THE NATIONAL AGENCY FOR EXPORT CONTROLS 1 R O M A N I A National Agency...

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