1. Elements for Export Controls of MANPADS
presented by Natalia Fuzhenkova (RUSSIAN FEDERATION)

2. Elements for Export Controls of MANPADS
Introduction
Scope
Key provisions
Russian approach
Conclusions

3. Elements for Export Controls of MANPADS INTRODUCTION
SPECIAL THREAT TO
slow-moving aircraft (incl.helicopters)
aircraft during take off and landing
other aircraft at low heights
KEY CHARACTERISTICS
portable and easy to use
lethal, but affordable
difficult to counter-measure
CHALLENGES
grey/black markets
terrorists/non-state armed groups

4. Elements for Export Controls of MANPADS S C O P E
man-portable surface-to- air missile systems carried and fired by a single individual
other surface-to-air missile systems operated and fired by more than one individual acting as a crew and portable by several individuals

5. Elements for Export Controls of MANPADS SCOPE
ITEMS CONTROLLED
complete systems
components
spare parts
models
training systems
simulators
technical data
software
technical assistance
demonstration an training associated with these functions
secure transportation
storage
technology (2007)

6. Elements for Export Controls of MANPADS SCOPE
ACTIONS CONTROLLED
TRANSFER AND RETRANSFER:
licensed export
sale
grant
loan
lease
co-production
licensed production
research
design
development
engineering
manufacture
production
assembly
testing
repair
maintenance
servicing
modification
upgrade
modernisation
operation
use
replacement or refurbishment
demilitarisation
destruction

7. Elements for Export Controls of MANPADS
RISK ASSESSMENT
“Elements for Objective Analysis and Advice Concerning Potentially Destabilizing Accumulations of Conventional Weapons”
motivation
regional situation/regional balance of forces
UNSC restrictions/sanctions
political and economic considerations (compliance with international agreements; military expenditure; risk of economic destabilization)
operational capability
technology transfer considerations
other factors
(export control system, risks of diversion to illicit market, arms trade policy, etc.)

8. Elements for Export Controls of MANPADS
RISK ASSESSMENT
potential for diversion or misuse
ability and willingness to protect against unauthorised re-transfers, lost, theft and diversion
adequacy and effectiveness of physical security arrangements for protection of military property, facilities, holdings and inventories

9. Elements for Export Controls of MANPADS KEY PROVISIONS
LICENSING CONSIDERATIONS
Decisions on exports of MANPADS
to be taken at senior policy level
Exports only to governments or agents specifically authorised to act on behalf of a government
Only government brokers or brokers specifically authorized by a government

10. Elements for Export Controls of MANPADS KEY PROVISIONS
LICENSING CONSIDERATIONS
An official EUC certified by the importing Government required
NO general licenses,
only individual licenses

11. Elements for Export Controls of MANPADS KEY PROVISIONS
“GUARANTEES”
(no re-export without prior consent of the exporting government)
RE-EXPORT ASSURANCES
(e.g. on-site verification)
POST-EXPORT CHECKS
(formal government to government agreements, including co-production or licensed production; and contractual documents)
LEGAL BASIS
(inform the exporting Government of compromise, unauthorized use, loss or theft of any MANPADS material)
INFORMATION SHARING

12. Elements for Export Controls of MANPADS KEY PROVISIONS
“PHYSICAL PROTECTION”
Written verification of receipt of shipment
Inventory (by serial number) and maintenance of written records of inventories
Physical inventory of MANPADS subject to transfer at least once a month; account by serial number for components expended or damaged during peacetime
Storage conditions to provide for the highest standards of security and access control (see a list in “The Elements…”)

13. Elements for Export Controls of MANPADS KEY PROVISIONS
Exporting Governments to share information on non- state entities that are or may be attempting to acquire MANPADS
Infringement of export control legislation related to MANPADS is subject to penalty provisions, i.e. involving criminal sanctions

14. Elements for Export Controls of MANPADS KEY PROVISIONS (outreach)
Participating States could provide, if requested, technical and expert support and assistance to non-Participating States
Participating States should promote the application of the principles defined in the Elements to non-Participating States

15. Elements for Export Controls of MANPADS RUSSIAN APPROACH
Government Decree #604 dated 6 October 2006
on the approval of the order of exercising control over implementation by relevant authorities of foreign states of their obligations to ensure the authorized end use of certain types of military equipment imported from the Russian Federation

16. Elements for Export Controls of MANPADS RUSSIAN APPROACH
Government Decree #604
(2006)
MANPADS
anti-tank portable systems
hand-held systems
flamethrowers

17. Elements for Export Controls of MANPADS RUSSIAN APPROACH
Government Decree #604
(as amended in 2013)
Government Decree #604
(2006)
MANPADS
anti-tank portable systems
hand-held systems
flamethrowers
MANPADS
anti-tank portable systems
hand-held systems
flamethrowers

18. Elements for Export Controls of MANPADS RUSSIAN APPROACH
Government Decree #604:
The importer shall guarantee that the weapons are used only for purposes listed in the EUC issued by importing State
The importer shall guarantee that the weapons will not be retransferred without prior consent of the Russian Federation
The clause for post-shipment verification of the stated end-use by the competent Russian authorities should be included in contracts for arms transfers

19. Elements for Export Controls of MANPADS RUSSIAN APPROACH
END-USE(R) VERIFICATION:
decision
- Foreign Intelligence Service
- Federal Security Service
- Ministry of Foreign Affairs
Decision by the Head of the Federal Service for Military and Technical Cooperation (FSVTS) upon recommendation by:
- Ministry of Defence
- FSVTS
implementation
1 - analysis of relevant information provided by the importer 2 - on-site inspection
Agreed through diplomatic channels
Results reported to the Government

20. Elements for Export Controls of MANPADS RUSSIAN APPROACH
END-USE(R) VERIFICATION:
decision
- Foreign Intelligence Service
- Federal Security Service
- Ministry of Foreign Affairs
Decision by the Head of the Federal Service for Military and Technical Cooperation (FSVTS) upon recommendation by:
- Ministry of Defence
- FSVTS
implementation
1 - analysis of relevant information provided by the importer 2 - on-site inspection
Agreed through diplomatic channels
Results reported to the Government
If breaches found, actions decided by the PRESIDENT

21. Elements for Export Controls of MANPADS
THANK YOU FOR ATTENTION