Chaudfontaine Newsletter Newsletter 20 – July 2015

Legal developments: European Union European Commission Annual report on DU goods The European Commission has posted on its website its annual report on on the implementation of Regulation (EC) No 428/2009. This report, prepared by the Commission and the DU Coordination Group with inputs from Member States, provides information on the implementation of the Regulation in 2014, and includes aggregated export control data for Available: 2

European Commission Data collection project After publication of its 2014 Communication, the Commission has initiated an "impact assessment" to ensure an in-depth and comprehensive analysis of economic, social (including security and human rights) and environmental impacts of the various review options outlined in this Communication. Source: Communication (document): 3

EU-Iran Joint Statement On 14 July 2015, the EU High Representative Federica Mogherini and Iranian Foreign Minister Javad Zarif Vienna isued a joint statement on the agreement reached on the Iranian nuclear programme and its assurances of non-proliferation. Available: 4

WMD proliferation strategy progress report The Council adopted Its 6-monthly Progress Report on the implementation of the EU strategy against the proliferation of WMD. Available: Torture regulation The International Trade (INTA) Committee of the European Parliament discussed the modification of the Regulation on the Trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment. Documents: htm htm 5

EU Common Military List The updated 2015 EU common military list was published on 21 April 2015 in the EU official journal. Available: Military technology and equipment The European Commission issued its Sixteenth Annual Report according to Article 8(2) of Council Common Position 2008/944/CFSP defining common rules governing control of exports of military technology and equipment. Available: a.htm 6

7 Non Proliferation Treaty The State parties to the Non-Proliferation Treaty did not reach a compromise as regards a final document to the 2015 Review Conference launched in April The documents distributed during the conference were released. Documents available: Legal developments: International

Iran Sanctions relief On July 14, 2015, the P5 + 1 and Iran reached a Joint Comprehensive Plan of Action (JCPOA) to ensure that Iran’s nuclear program will be exclusively peaceful. Building on the key parameters for a JCPOA announced on April 2, 2015, the JCPOA will provide Iran with phased sanctions relief upon verification that Iran has implemented key nuclear commitments. Source: 8

9 Nuclear Suppliers Group The NSG has updated its control lists during its plenary meeting in Argentina in June Track edit change versions were published on its website. The Group also discussed its outreach activities and their importance for achieving adequate trade control standards. Source: Statement:

10 Australia Group During its plenary meeting in June 2015, the Australia Group intensified its focus on emerging technologies that can be used for chemical and biological weapons and on expanding outreach to non-members as well as industry and academia to highlight the threat posed by state and non-state actors seeking to acquire the know-how to develop chemical and biological weapons. It updated its guidelines and control lists of biological equipment and related technology and items. Available:

11 United States The US Department of Commerce has published proposed rulemaking of Export Administration Regulation(EAR) on 22 May 2015, which require US exporters of the ECCN (Export Control Classification Number) and license number notably to be identified on the export control documents, including commercial invoice and contractual documentation. Together with the Department of States, it also published rules, on 3 June 2015 to harmonize definitions in the ITAR and EAR Sources: commerce-and-us-department-treasury-announcement ; commerce-and-us-department-treasury-announcementhttp://export.gov/ECR/

12 Taiwan Amendments to the lists Taiwan has changed its Export Control Lists( dual use list and munitions list) on May 26, Both lists reflect EU Annex I of Regulation (EC) No 428/2009 revised December 31, 2014 and Common Military List of the European Union of April 9,2014. Source: all&txt_SD=&txt_ED=&txt_Keyword=&Pageid=0

Australia Defence Trade Controls The Defence Trade Controls Amendment Bill 2015 (DTC Amendment Bill) which amends the Defence Trade Controls Act 2012 (DTC Act) received Royal Assent on 2 April A guide has been released and comments on the changes in the legislation thus introduced. Available: Docs/Guide-to-DTC-Bill.pdfhttp:// Docs/Guide-to-DTC-Bill.pdf 13

Members’ works: Quentin Michel, “Rethinking strategic trade control system: Proposal for an innovative methodology”, June Link: Odette Jankowitsch-Prevor, “Technical Note on the 2015 Review Conference of the Parties to the Treaty on the Non­Proliferation of Nuclear Weapons”, July 2015, 8p. Available: Quentin Michel, “Note: Amendement and recast of Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from certain third countries”, June Link:

Martin Palmer, “Ship a design, not a product Is 3D printing a threat to export controls?”, World ECR, Issue 42, July 2015 Available (subscription-based): Sibylle Bauer, Mark Bromley, “ Implementing the Arms Trade Treaty: Building on available guidelines and assistance activities”, SIPRI Background Paper, May 2015 Available:

Studies and More: Articles, Reports, Links Benjamin Kienzle, “Integrating without quite breaking the rules: the eu and India’s acceptance within the non-proliferation regime”, Non Proliferation Papers, N. 43, February Available: breaking-the-rules-the-e-44.pdf “L’efficacité des sanctions europeennes ciblees dans la lutte contre la proliferation des armes de destruction massive”, Observatoire de la Non-Prolifération, N. 102, January 2015 (in French). Available: “L’accord de cooperation nucleaire indo-americain : dix ans apre ̀ s”, Observatoire de la Non-Prolifération, N. 104, March 2015 (in French). Available: 16

Loren Thompson, “How Export Controls Can Hurt National Security”, Forbes, February Available: security/ 17

News Pranab Dhal Samanta, “India applies for membership of Missile Technology Control Regime that controls missile & space tech”, The Economic Times, 11 June Available: regime-that-controls-missile-space-tech/articleshow/ cms Jane Fritsch, “ N.J. smuggler sent electronics parts to aid Russian military ”, NorthJersey.com, 11 June Available: contractors Patsara Jikkham, “ Tight controls imposed on export of dual-use goods ”, Bangkok Post, 5 June Available: 18

“ South Korea Backs India's Nuclear Suppliers Group Membership Bid ”, Press Trust of India,19 May Available: “ S Africa to support India's membership of NSG ”, Press Trust of India,19 May Available: _1.html _1.html BIS, “ Taiwanese National Pleads Guilty to Violating U.S. Sanctions on Exportation of Goods to Iran ”, 25 June Available: exportation-goods-iran exportation-goods-iran 19

BIS, “ Bolingbrook Man Sentenced to 24 Months for Attempting to Illegally Export Thermal Imaging Camera to Pakistan ”, 14 May Available: BIS, “ Four Companies and Five Individuals Indicted for Illegally Exporting Technology to Iran ”, 17 April Available: technology-iran technology-iran 20

21 « Of interest »: EU-Outreach news and newsletter Available: Nuclear Export Controls (blog) Link: results=15 results=15 Strategic Trade Review Information: