NEW ZEALAND’S EXPORT CONTROLS Implementation and Status Ministry of Foreign Affairs and Trade.

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Presentation transcript:

NEW ZEALAND’S EXPORT CONTROLS Implementation and Status Ministry of Foreign Affairs and Trade

2 New Zealand’s Export Controls Legislation NZ Strategic Goods List Licensing System Lessons / Experiences Collaborative inter-agency approach Highly transparent to exporters

3 Legislation Participating state in : Australia Group (AG) Nuclear Suppliers Group (NSG) Missile Technology Control Regime (MTCR) Wassenaar Arrangement (WA) UN Sanctions, UN Security Council Resolution 1540 NZ Implementation : Customs Export Prohibition Order 2005

4 New Zealand Strategic Goods List The list is divided into three parts: Part 1  Covers military and non-military lethal goods Part 2  Covers nuclear materials, facilities and equipment Part 3  Covers dual-use goods, including commercial goods and technologies that may have a military application

5 Legislation New Zealand Strategic Goods List (NZSGL) Export of a controlled item on the NZSGL requires a permit – whether the export is on a temporary or permanent basis. Permits are issued by the Ministry of Foreign Affairs and Trade Enforcement agency is New Zealand Customs Service Non-compliance = goods seized, fine, imprisonment

6 Exporter APPROVAL TO EXPORT Individual / Multiple GENERAL CONSENT (low risk) Licensing options: End user verification and non-transfer certificate Import permit (firearms, ammunition)

7 Types of Licence Individual Permit  Single export to a specified end user (includes temporary exports of goods that will be returned to New Zealand) Multiple Permit  More than one consignment of specified goods to a specified end user General Consent  Allows multiple shipments to more than one consignee or destination  Granted to a reputable exporter where the nature and frequency of their exports justify the issue of such a licence

8 Licensing System Decisions on licences are made on a case- by-case basis Decisions are made within the Ministry of Foreign Affairs and Trade, following consultation with external technical experts

9 MFAT Regional Divisions & Posts Licensing System Application Ministry of Foreign Affairs and Trade (MFAT) (criteria, consistency, responsibility) Technical Experts (External Agencies) DestinationItem

10 MFAT Regional Divisions & Posts Licensing System Application Ministry of Foreign Affairs and Trade (MFAT) (criteria, consistency, responsibility) Technical Experts (External Agencies) DestinationItem Approve / Decline MFAT DatabaseOther agenciesDenials

11 (2004 Calendar Year) Total Permits Issued341 Licence Applications Processed Individual Permit5 days Multiple Permit 10 days General Consent6 weeks LicenceTimeframes Majority = routine / temporary individual permits

12 Lessons / Experiences Advantages Access to specialists Range of perspectives Widens knowledge of export control regulations Continual process of improvement and review via inter-agency ‘Export Control Group’ A system strong in inter-agency consultation and coordination Disadvantages Timeframes, responsiveness to exporters

13 Lessons / Experiences Transparency to Industry Access and Outreach Website  NZ Strategic Good List, Application Forms, End User Forms, Assessment Criteria Outreach Programme  Visit to companies and relevant organisations Brochures Information in industry publications Industry Seminars