CHAUDFONTAINE NEWSLETTER

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1 CHAUDFONTAINE NEWSLETTER Newsletter 21 October/November 2015 European Parliament Missile Technology Control Regime Dual- use items list update: On 12 October 2015 The Commission adopted a Delegated Regulation updating the EU list of dual- use items. It has now entered the statutory consultation with the European Council and the European Parliament with view to make it enter into force and issued an Explanatory Note, a Comprehensive Change Note and an Explanatory Memorandum on the changes brought by the Delegated Regulation. Sources: Outreach Programme: In October 2015, the Long- Term Programme of dual- use outreach activities of the European Union entered its fourth phase. More information on the Programme: control.jrc.ec.europa.eu/home/dual- use- trade- control Anti- torture Regulation: On 27 October the European Parliament adopted INTA amendments to the "Anti- Torture Regulation", seeking to step- up the EU- wide controls on trade in goods and substances that could be misused for capital punishment and torture. Source: 7d a- ba25a422cfb2/inta%20report_a pdf Legal developments: International Plenary Session: The MTCR held its 29th Plenary week in Rotterdam from 5th to 9th October MTCR partners notably expressed their satisfaction with outreach activities conducted and encouraged the continuation of individual, collective and regional efforts to assist non- partner states and other interested parties in implementing missile- related export controls as required under UNSCR Source: articles/2015/10/09/public- statement- from- the- plenary- meeting- of- the- missile- technology- control- regime- mtcr- rotterdam- 9th- october- 2015

2 Australia Group Japan Thailand South Korea List s update: In July 2015, the Australia Group updated its Control List of Dual- use Biological Equipment and Related Technology and Software. Information: Control list: Japan has changed its Export Control Lists on July 31 and it entered into force on October 1, This list reflects the changes of International Export Control regimes including the changes to Wassenaar Arrangement Dual Use List adopted in December 2014 and its corrigendum in March Link (Japanese): Control list: Thailand will introduce first Export Control Law from January 1, The Ministry of Commerce has issued a list of dual- use goods for which distributors or exporters will need to acquire registration and export permits. The list seems to be based on the EU Export Control List of 19 April Link(English from P.351ff): 0%B8%97%E0%B8%A3%E0%B8%A7%E0%B8%87%E0%B8%9E%E0%B8%B2%E0%B8%93%E0%B8%B4%E0%B8%8A%E0%B8%A2%E0%B9%8C%E0%B8%AA%E 0%B8%B4%E0%B8%99%E0%B8%84%E0%B9%89%E0%B8%B2%E0%B8%97%E0%B8%B5%E0%B9%88%E0%B9%83%E0%B8%8A%E0%B9%89%E0%B9%84%E 0%B8%94%E0%B9%89%E0%B8%AA%E0%B8%AD%E0%B8%87%E0%B8%97%E0%B8%B2%E0%B8%87@ pdf Amendments to the Notice: South Korea has changed Notice on Export/Import of Strategic Items on July 20, This is the 20th changes in eleven years and this change of notice complements the 18th big changes of Export/Import of Strategic Items on January 31, The changes include the enlargement of export exemption for items imported from 29 countries such as USA, Japan and major European Countries. Link (Korean): CURRENT_MENU_CODE=MENU0097&CURRENT_MENU_CODE=MENU0097 Strategic Trade Review, Issue 01, Autumn Link: Members works European Studies Unit (re- edition), A new methodology to review or elaborate a trade control system, October Available: Giuseppina Squillaci, Searching for the EU and US doctrines vis- à- vis the proliferation of WMD: the comparative analysis of the Indian and Iranian cases, September 2015.

3 Link: Squillaci- Giusi- modified.pdf Giuseppina Squillaci, Quentin Michel, Technical note on the EU Commission proposal, and on the European Parliament amendments of 20 May 2015, for a Regulation of the European Parliament and of the Council setting up a Union system for supply chain due diligence self- certification of responsible importers ( ), August Link: note- on- Minerals- COM- Proposal- EP- amendments- 2..pdf Quentin Michel (update), Vademecum dedicated to the European Union Dual- Use Items Export Control Regime: Comment of the Legislation, August Available: DUV5Rev4.pdf Project Alpha, Iran s illicit procurement activities: past, present and future, July Link: iran- s- illicit- procurement- past- present- and- future Nick Gillard, Daniel Salisbury, The Obscure Chinese Businessman Accused of Selling Ballistic Missile Parts to Iran, July Available: boring- chinese- businessman- accused- of- selling- ballistic- missile- parts- to- iran- 722?utm_source=twitterfeed&utm_medium=twitter Nick Gillard, Dominic Williams, What the Iran deal means for blacklisted entities, July Link: iran- deal- means- blacklisted- entities8540 Ian Stewart, The Iranian Nuclear Procurement Channel: the most complex part of the JCPOA?, June Link: content/uploads/iranian- Nuclear- Procurement- Channel_WorldECR1.pdf Studies and more : Articles, reports, links European Parliament DG for External Policies, Dual Use Export Controls, Workshop proceedings Non Proliferation Papers, October 2015, 92p. Available: Emirats Arabes Unis : gold standard pour les futurs accords de coopération nucléaire?, Observatoire de la Non- Prolifération, N. 107, June 2015 (in French). Available: Benjamin Hautecouverture, Parler du NSG, Observatoire de la Non- Prolifération, N. 107, June 2015 (in French). Available: L UE et la question de l intégration de l Inde dans le régime mondial de non- prolifération, Observatoire de la Non- Prolifération, N. 108, July 2015 (in French).

4 Available: Boticelli Project (presentation): Since the issue of the 1540 Security Council resolution, the exporters of dual- use goods comply with the established regulations in order to support the efforts of governments and institutions to counter the risk of proliferation of weapons of mass destruction. The exporters of sensitive products are the most concerned by the risk of proliferation and they are conscious to be the first barrier against proliferation. They know the risks, their products, their customers and the markets and are convinced that an effective export control system is needed for the harmonious development of their civil business in the world. In November 2014, in the frame of the Wiesbaden Project for the 10th anniversary of the resolution, representatives from the major exporters were invited to a meeting in Frankfurt by the United Nations institutions (UNODA and 1540 Committee) and by the US and German governments (DOE, DOS, BAFA). The meeting was sponsored by the BAFA and the European Commission. In the meeting, the institutions invited the industry to take a greater role in the export control system, to involve themselves in the process and to take initiatives in order to support the mission of the 1540 Committee. It is in response to that request and in good cooperation with the 1540 Committee that the industry come together to present today the BOTTICELLI Project. The BOTTICELLI members have decided to gather their forces in the most sensitive sectors (nuclear, biological, chemical, aerospace and telecommunications) and produce fundamental deliverables such as a reference Internal Compliance Program, a reference Export Control Guidelines for small, medium and large enterprises, a reference expert roster, specific training toolkits for developing and established countries, and other important related documents. For information: nuclear- news.org/v- Towards- smarter- nuclear- export- controls html News Canada Issues General Export Permit for Dual- Use Goods and Technology to Some Destinations, Sandler, Travis & Rosenberg Trade Report, 18 August Available: publications- Canada- general- export- permit- 41- dual- use html US eyes deal to limit Pakistan's nuclear arsenal: NYT, Business Standard,15 October Available: standard.com/article/international/us- eyes- deal- to- limit- pakistan- s- nuclear- arsenal- nyt _1.html BIS, Former Connecticut Resident Sentenced to Over Eight Years in Prison for Attempting to Send U.S. Military Technology to Iran, 27 October Available: bis/newsroom/press- releases BIS, Iranian Company Pleads Guilty to U.S. Export Violation, 24 July Available: bis/newsroom/press- releases BIS, South Carolina Company, Affiliates and Officers Fined $3.5 Million for Illegal Exports to Multiple Countries, 2 September Available: bis/newsroom/press- releases

5 EU- Outreach news and newsletter Available: control.jrc.ec.europa.eu/news/newsletter Strategic Trade Review Information: WorldECR Subscription: Of interest