1 Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006 POLAND’S EXPERIENCES INDUSTRY OUTREACH and PERSONNEL TRAINING JACEK SLIWOWSKI Director of Department of Export Control MINISTRY OF ECONOMY

2 THE MAIN PILLARS OF EXPORT CONTROL SYSTEM IN POLAND 1.One legal act for all aspects of export control for dual-use items and conventional arms 2.Certified companies 3.Automated licensing system – TRACKER 4.Enterprise obligations 5.Enterprise monitoring 6.Promotion of awareness 7.Establishment and development of partnership between the industry and the national administration Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006

3  Law of 29 November, 2000 on international trade in goods, technologies and services strategically relevant for state security and maintenance of international peace and security  Council Regulation (EC) No 1334/2000 of 22 June 2000 establishing a Community regime for the control of exports of dual-use items and technology  International agreements and obligations BASIC LAWS Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006

4 Restriction ▼Foreign trade in arms, military equipment and dual-use goods is prohibited by law unless the company complies with the conditions provided for by national law and international agreements and obligations Privilege ▲each company may export arms and dual-use goods if they comply with provisions laid down by national law and international agreements and obligations Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006

5  CONVENTIONAL ARMS SCOPE OF EXPORT CONTROL  DUAL-USE GOODS WEAPONS OF MASS DESTRUCTION CWC TECHNICAL ASSISTANCE SALW MANPADS BROKERING SERVICES TECHNICAL ASSISTANCE Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006

6  Export  Re-export  Import  Transit  Related services: ( brokering, shipping, transportation, business consultations, etc.)  Technical assistance SCOPE OF LICENSING: Licenses issued for ICP certified companies only ! Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006

7 ICP CERTIFICATION  ICP is subject to a certification procedure according to EN ISO 9001:2000 standards and  16 additional requirements to ISO 9000 which specify responsibilities of the enterpreneur’s units, key responsibilities, principles of co-operation with government, data archiving, training, internal control and order execution Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006

8 ICP within an enterprise:  is a component of the national export control system,  regulates the principles of foreign trade in strategic goods,  determines how export, import and transit records should be kept, Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006

9  helps control even the smallest organization entity within the enterprise,  streamlines the decision making process in the enterprise,  eliminates human mistakes,  builds up corporate probity. ICP within an enterprise: Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006

10 ICP is based on three principles:  know your foreign partner,  know the technical specifications of the goods you trade in,  be aware of what your product can be used for. Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006

11ICP  the build up of cooperation between the enterprise and the government (export control authority)  the scrutiny of intelligence data on partners and goods  the production of records and their submission for inspection Allows: Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006

12 Prior to the submission of an application for a license, the entrepreneur must check whether: the goods about to be exported will not be used, among others, for the purpose of implementation, production, operation, control, maintenance, storage, detection, identification and/or proliferation of chemical, biological, nuclear weapons and/or the delivery systems for such weapons, the buyer country of destination or the end use country is not subjected to an arms embargo by the European Union or UN Security Council whence the exported goods are likely to be used by the local armed forces, Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006

13 reasons of refusing licenses :  the enterprise has no ICP certified system  important interests of the country's foreign policy so require,  it is necessary to meet the international agreements and obligations,  there is a risk of alteration of the end use or destination of the goods, and/or  the enterprise has violated the regulations on strategic goods trade in the past Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006

14 reasons of revoking licenses :  there is a risk of alteration of the end use or destination of strategic goods,  the enterprise has been acting in violation of the conditions set out in the license,  the enterprise has inadvertently ceased to warrant legitimacy of trade. Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006

15 Objectives of Export Control System in Poland :  to involve the Polish manufacturing industry, traders, and R&D facilities in actions that are aimed at maintaining international peace and security,  to lay foundation for a dialogue and information exchange, between the industry and the administration, on control of foreign trade in strategic goods,  expand the circle of people aware of the reasons why such a control system is a necessary component of the Polish economic and foreign policy. Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006

16 ICP CERTIFICATES There were 202 ICP certificates issued on December 31, military and police sector 41 – IT sector 42 – forwarders, transport sector 40 – trade sector 15 – chemical sector Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006

17 ICP CERTIFICATES Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006

18 PROMOTION OF AWARENESS  Information Policy  Cooperation with industry on awareness, compliance  Personnel Training  Website of the Export Control Department (publication of the list of ISO 9001: ICP certified organizations, useful informations, etc.)  User friendly procedures and guidelines Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006

19TRAINING:  understanding of the idea and the principles of export control by the industry,  achieving alignment with the export control principles,  implementation and use of effective and uniform export controls,  establishment and development of partnership between the industry and the national administration. Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006

20 EXPORT CONTROL IN INDUSTRY  INDUSTRY AWARENESS: -Education Program  INDUSTRY COMPLIANCE: -Internal Control Program (ICP)  STANDARD EXPORT CONTROL PROCEDURE IN ALL COMPANIES Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006

21 INTERACTION WITH INDUSTRY  Industry ought to be a partner with the governmental administration  The enterprises ought to be guaranted freedom to do buisness as long as they implement self- control mechanisms  Administration of profits from the process of involving the industry in export control: information to be gathered in companies in uniform manner Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006

22 PERSONNEL TRAINING  The direct implementation in the internal export control system, of the solutions already developed in ISO system:  Internal and external audits,  Internal training,  Document filing,  Classification of goods,  Record keeping and many more. Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006

23 INSPECTIONS AND MONITORING:  verification of the operation of the enterprise's internal control system,  verification of documentation of trade in strategic goods,  verification of the enterprise's compliance with the trade license, including ex-post reviews of the transactions, Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006

24 Thank You for Your attention ! Export Control of Dual-Use Items and Arms: Industry Outreach Sofia, May, 2006