The Hague, October 19, 2003 THE NATIONAL AGENCY FOR EXPORT CONTROLS 1 R O M A N I A National Agency for Export Controls - ANCEX - CWC IMPLEMENTATION Brief Introduction to Romanian Model of By Nineta Barbulescu Secretary of State President of NA

The Hague, October 19, 2003 THE NATIONAL AGENCY FOR EXPORT CONTROLS 2 “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:

The Hague, October 19, 2003 THE NATIONAL AGENCY FOR EXPORT CONTROLS 3 CWC Implementation Suplemented 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

The Hague, October 19, 2003 THE NATIONAL AGENCY FOR EXPORT CONTROLS 4 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

The Hague, October 19, 2003 THE NATIONAL AGENCY FOR EXPORT CONTROLS 5 Romanian legislation consolidates in nuce all major multilateral EC regimes & nonproliferation organizations NSG, ZC 1991 MTCR applicant since1992 AG 1995 WA 1996 OPCW 1997 EU Code of Conduct for Arms Exports 1998 HCOC EU Regulation on Export Controls of Dual Use Items 2003 FRAMEWORK OF INTERNATIONAL COMMITMENTS - Selection for this presentation -

The Hague, October 19, 2003 THE NATIONAL AGENCY FOR EXPORT CONTROLS 6 ROMANIAN EXPORT CONTROL & CWC IMPLEMENTATION SYSTEM SYSTEM OF EXPORT CONTROL ANCEX NATIONAL AUTHORITY PRINCIPLES REGULATIONS MECHANISMS AUTHORIZATIONS, LICENSING & CONTROL PROCEDURES SANCTIONS INSTITUTIONS CWC IMPLEMEN- TATION DECLARATIONS, NOTIFICATIONS & INSPECTION PROCEDURES

The Hague, October 19, 2003 THE NATIONAL AGENCY FOR EXPORT CONTROLS 7 CONTROL LISTS – include Scheduled Chemicals - GD 467/1999 GD 844/2000 Categories (materials, equipment & technology): 0 - Nuclear; 1 – Chemical, Biological 1 – Chemical, Biological; 2 – Materials processing; 3 - Electronics 4 - Computers 5 – Telecom., Data Security 6 – Sensors & Lasers; 7 – Navigation & Avionics; 8 - Maritime; 9 – Propulsion, Space A – Sist.,Equipm. Compon. B - Test,Insp.,Prod. Equipm. C - Materials D - Software E - Technology Subcategories WA; MTCR NSG AG CWC National Government Decision 92/2002 Updated Lists – Nov.2003 (R149/2003) 1C350 1C450 Toxic chemicals & toxic chemicals precursors 1C950 Mixtures

The Hague, October 19, 2003 THE NATIONAL AGENCY FOR EXPORT CONTROLS 8 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 INTERCONNECTED

The Hague, October 19, 2003 THE NATIONAL AGENCY FOR EXPORT CONTROLS 9 INTERCONNECTED LEGISLATION CWC Implementation LawCWC 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

The Hague, October 19, 2003 THE NATIONAL AGENCY FOR EXPORT CONTROLS 10 RELEVANT LEGISLATION PROVISIONS More stringent controlsMore stringent controls – Reviewed CWC Implementing Law - – Reviewed CWC Implementing Law - Implementation of the General Purpose CriteriaImplementation 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 stringent controls aiming to combat terrorism were imposed within both fieldsAfter the September 11, 2001 events, more stringent controls aiming to combat terrorism were imposed within both fields

The Hague, October 19, 2003 THE NATIONAL AGENCY FOR EXPORT CONTROLS 11 More stringent controlsMore stringent controls - New Export Controls Law - - New Export Controls Law - Registration of all producers or developersRegistration of all producers or developers Control of transfers of scheduled chemicals is applicable in free zones/portsControl of transfers of scheduled chemicals is applicable in free zones/ports Delivery verification certificate from nonSPsDelivery verification certificate from nonSPs Internal delivery documents specification: “the item is under control…”Internal delivery documents specification: “the item is under control…” Special designated customs officesSpecial designated customs offices Control Body of ANCEXControl Body of ANCEX Obligation of other national enforcement agencies to provide to the NA all available relevant dataObligation of other national enforcement agencies to provide to the NA all available relevant data RELEVANT LEGISLATION PROVISIONS

The Hague, October 19, 2003 THE NATIONAL AGENCY FOR EXPORT CONTROLS 12 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 RELEVANT LEGISLATION PROVISIONS Common issuesCommon issues

The Hague, October 19, 2003 THE NATIONAL AGENCY FOR EXPORT CONTROLS 13 Specialized Intra-company ManagementSpecialized Intra-company Management Implementation 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 RELEVANT LEGISLATION PROVISIONS ANCEX OUTREACH TO INDUSTRY PROGRAM

The Hague, October 19, 2003 THE NATIONAL AGENCY FOR EXPORT CONTROLS 14 Improved Sanctions RegimeImproved Sanctions Regime Administrative Civil Criminal RELEVANT LEGISLATION PROVISIONS

The Hague, October 19, 2003 THE NATIONAL AGENCY FOR EXPORT CONTROLS 15 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 RELEVANT LEGISLATION PROVISIONS

The Hague, October 19, 2003 THE NATIONAL AGENCY FOR EXPORT CONTROLS 16 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 RELEVANT LEGISLATION PROVISIONS

The Hague, October 19, 2003 THE NATIONAL AGENCY FOR EXPORT CONTROLS 17   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 ApplicationsMulti-criteria Assessment of License Applications RELEVANT LEGISLATION PROVISIONS

The Hague, October 19, 2003 THE NATIONAL AGENCY FOR EXPORT CONTROLS Web sites: ANCEX OUTREACH TO INDUSTRY PROGRAM under construction -