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Ulrich Esselborn Germany Vienna, 27. June 2016
Technical Assessment Ulrich Esselborn Germany Vienna, 27. June 2016
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Technical Assessment Some views on our National Implementation
Ulrich Esselborn Germany Vienna, 27. June 2016
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Rating of Items - General Approach
The control list(s) refer to items, not to purposes; their provisions are to be regarded as technical provisions The control items inherit technical descriptions
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Rating of Items - General Approach
The control text is to be interpreted with some technical background (Technical) knowledge about list and list structure is essential ( Content and Relevance of Dual-Use-Categories and Sub- Categories )
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Rating of Items - General Approach
Industrial (or military) experience is a very valuable asset Internal data base information may support rating substantially
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Rating of Items - General Approach
The control text is to be interpreted with some technical background. Knowledge about list structure (and specific) content is essential * Industrial (or military) experience is a very valuable asset * (Internal) Data base information (may support rating substantially) * * in an adaptive mode
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Rating of Items - General Approach
The applicant has to evaluate necessity for a licence apllication in his own right The applicant may (or may not) provide a rating code within the licence application If BAFA disagrees, we have to identify and name specific technical features to justify of correct the rating provided by the applicant
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Technical Rating of Items - General Approach
BAFA gives advice about the rating of goods only in a limited number of cases Uncontrolled goods „close to the control scope“ can be subject of a formal confirmation „Goods are not specified in control list“
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Rating of Items - General Approach
Exporter has to evaluate goods in his own There are no rating seminars sponsored by the Government No return without action (normally)
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Rating of Items - Detailed Approach
Which control list/ which Category is relevant? WA: Munitions List / Dual-Use-List Wassenaar Arrangement/ Missile Technology Regime/NSG/AG There is a (limited) set of goods which are specified by more than one regime Does the licence application include some technical rating made by some other Wassenaar Arrangement Participating State?
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Rating of Items - Detailed Approach
What is it about in detail? Precise description of relevant item (is a legal requirement) Is the item a „complete system“ or is it to be integrated in a system? If the item itself is the complete system, then this item is to be evaluated (against the text of the control list)
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Rating of Items - Detailed Approach
Some Examples: a chemical substance can be complete system (to be evaluated in ist own right) an antenna will be a part of a communication system – the antenna be listed in its own right, it could as well be listed as a part of a controlled system a gearbox is a system where mechanical energy is transferred ( in a vehicle, in a test system, in a grinding machine, …) an electronic circuit will be integrated in an overall system for whatever application (measuring, controlling, communication, …)
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Rating of Items - Detailed Approach
What kind of technical features are inherited within the item to be rated ? e. g. specially designed / modified for … - military use - certain application ?
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Technical Assessment - Documentation
Documentation on specific cases: - contains final rating and reasoning behind - explanation of typical end uses for goods under review - plausibility of quantities - evaluation of plausibility for stated end use (possibility of inappropriate use)
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Technical Assessment - Documentation
Extended rating codes are used to support internal docu- mentation - references to SL- and VSL entries - adaptive representation of WA granularity - specification of sub sets for certain equipment (sub sets to ML items)
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Technical Assessment - Documentation
Extended rating codes are used to support internal docu- mentation - other legal requirements (e. g. controls on wea- pons of war) - components / system
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Technical Assessment - Subsequent Decisions
Technical Assessment is a major pillar to support the decision on the issuance of a licence (Major) Decisions are made in consultation with senior officials from Ministries
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Thank you for your attention !
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