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End User Certificates (EUC)
END USER CERTIFICATES - INTRODUCTION: (1 SLIDE, 1 MIN) SLIDE 1 of 1: END USER CERTIFICATES (EUC) (1 min) The phrase ‘End-User Certificate’ (‘EUC’) denotes the documents used to control and certify the end-user and the end-use prior to the approval of an ammunition export licence. The document may be named differently depending on the type, destination, and end-user of the ammunition to be transferred. The most common denominations are ‘end-use assurance’, ‘end-use certificate’, ‘end-user certificate’ or ‘end-use statement’. The authorities of the importing State should certify this document. Such documents should also contain specific clauses on the potential re-export of the transferred ammunition. Based on bilateral or multilateral agreements, some States may use alternative documents, such as an International Import Certificate (IIC). Usually, the IIC is signed by the authorities of the importing State and does not contain any assurances regarding end-use and the end-user of the ammunition to be transferred and regarding potential re-export.
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Requirements EUC required prior to approval of export licence:
Exporting state to provide guidance States to minimise number of officials authorised to sign/stamp EUCs Importing State to ensure EUC contains minimum information requirement as per IATG 03:40 An EUC shall not be used for more than one transaction Requires rigorous and thorough end user verification REQUIREMENTS: (1 SLIDE, 4 MIN) SLIDE 1 of 1: REQUIREMENTS (4 min) An EUC shall be required prior to the approval of any ammunition export licence. The applicant (i.e. the exporter) shall be provided with guidance with respect to the minimum elements that an EUC shall contain. Since the exporting State has primary responsibility for ensuring that the ammunition to be transferred is not diverted or re-exported to unauthorized end-users and/or end-uses, such guidance should be provided by the authorities of the exporting State. Alternatively, the exporting State may provide the applicant with national standardized end-use certificates. Different sorts of standardized end-use certificates may be used depending on the type of the transaction (transfers to state or private entities) and/or of the ammunition subject to transfer. The number of officials and institutions of the exporting State authorized to issue and provide such documents should be kept to a minimum. The number of officials and institutions of the importing State authorized to stamp or sign such documents should be kept to a minimum. The importing State shall ensure that EUCs issued by its authorities contain the minimum amount of information required by this IATG. An EUC shall not be used for more than one transaction. An analysis of documented clandestine deliveries indicates that a lack of sufficient end user verification is the greatest expediting factor for illicit delivery. End user certificates are used to secure the single most important document required by arms brokers to transfer weaponry from the country of origin: the arms export licence. As such, rigorous and thorough end user verification procedures are the most effective method through which arms export licencing and transportation authorities in the point of departure states may identify PDOD and PDD shipments. However, even well-developed countries with extensive arms export legislation and control procedures sometimes fail to carry out sufficient checks.
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Types Typically, EUCs are of 2 types:
EUCs for transfer to states entities EUCs for transfer to private entities TYPES: (3 SLIDES, 13 MIN) SLIDE 1 of 3: TYPES (3 min) Typically, EUCs are of two types: EUCs for transfer to states entities EUCs for transfer to private entities EUCs for transfer to state entities are assurances provided by the importing State authorities that the ammunition to be transferred will only be used for the stated end-use and by the stated end user. Such documents should also contain specific clauses on the potential re-export of the transferred ammunition. EUCs for transfer to private entities are assurances provided by the commercial importer that the ammunition to be transferred will only be used for the stated end-use and by the stated end-user. The content of an EUC should vary depending on the nature of the end-user, (state entity or private entity).
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Contents of a Typical EUC (a)
Slide (A): Date of issue and detailed description of ammunition Country of final destination of goods Description of the end-use Assurances that ammunition will only be used by the end-user Assurances the ammunition will be used only for the stated end-use Assurances that re-export of imported ammunition can only take place after written authorization TYPES: (3 SLIDES, 13 MIN) SLIDE 2 of 3: CONTENTS OF A TYPICAL EUC (a) (5 min) IATG 03:40 states the contents of an EUC (for both States and private entities) There is a slightly different emphasis or requirement on some of the elements, depending on which type is to be applied. In general though, some of the key components of an EUC are: Date of issue Detailed description of the ammunition to be exported 1) type, 2) model, 3) calibre, 4) quantity, 5) lot or batch numbers and 6) value The country of final destination of the goods to be exported The description of the end-use of the goods to be exported Assurances that the ammunition will only be used by the end-user Assurances that the ammunition will be used only for the stated end-use Assurances that re-export of imported ammunition can only take place after receiving a written authorization from the exporting country, unless the exporting country decides to transfer that authority to the export licencing authorities of the importing country
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Contents of a Typical EUC (b)
Slide (B): The details of the exporter Information about the end-user The original signature of the end-user Certification by the relevant governmental authorities as to the authenticity of the end-user A unique register number and the duration Information on transit points (if any). A clause allowing exporting State to conduct on-site inspections of the transferred ammunition TYPES: (3 SLIDES, 13 MIN) SLIDE 3 of 3: CONTENTS OF A TYPICAL EUC (b) (5 min) The details of the exporter, including name, position, business name, address, phone, fax, and website (if available) Information about the end-user, including name, position, business name, address, phone, fax, and website (if available). In the case of an export to a firm, which retails ammunition on its national market, the firm should be regarded as the end-use The original signature of the end-user (a legally certified signature may be used when using an electronically issued EUC) Certification by the relevant governmental authorities, according to national practice, as to the authenticity of the end-user, including the date, name, position, business name, address, phone, fax, , website (if available), and authorized signature of the authorizing official (a legally certified signature may be used when using an electronically issued EUC) A unique register number and the duration of the end-user certificate Information on transit points (if any). If these elements are not known at the time of the EUC development, they should be notified prior to the export A clause allowing the exporting State to carry out, upon its request, on-site inspections of the transferred ammunition, particularly in the case of production capacity transfers
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Home-made EUC to cover 2,200,000 rounds of 5.56mm ammunition
Forgeries and Fakes No ministerial or government logo No address for correspondence, no fax/phone number A blank space instead of fixed individual certification number No specific broker or agent named as facilitating the transfer TYPES: (1 SLIDE, 4 MIN) SLIDE 1 of 1: FORGERIES (4 min) A Forged EUC is totally bogus. A Fake EUC uses real information and credentials, but is not signed legally on behalf of the stated End User. An EUC shall be designed in order to prevent forgery. When provided by State authorities, an EUC should be issued on a pre-printed form or on letterhead paper. As a minimum alternative, an EUC could be issued on a letterhead paper of the end-user. An EUC may also be produced by the authorities on special paper, such as banknote-quality paper, with an individual reference number. The exporting State shall only accept EUCs that meet those requirements. The importing State shall only issue EUCs that meet those requirements. In order to reduce clandestine deliveries, end user certificates should be carefully studied both in terms of form, content and authorisation. But since there is no standardised end user certificate, such documentation comes in a variety of forms with very simplistic formats sufficing for the transfer of millions of rounds of ammunition or tens of thousands of assault rifles ostensibly to countries bordering embargoed destinations or conflict zones. UN reports have noted the issuance of such crude documentation by actors within a number of states, such as Burkino Faso and Togo to obtain weaponry for embargoed destinations like the rebel UNITA group in Angola. The lack of a standardised format, with either barcodes or watermarks make it more difficult for arms export licencing officials and customs officers to easily identify fake EUCs or those subject to abuse in one form or another. The simplicity of certain EUCs lend themselves to forgery and unauthorised distribution. They can also hinder any verification procedures that arms export licencing officers attempt to carry out. The document is signed by the highest-ranking official within the MOD, making it more politically sensitive Home-made EUC to cover 2,200,000 rounds of 5.56mm ammunition
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Instructor-Led Discussion
INSTRUCTOR-LED DISCUSSION: (1 SLIDE, 18 MIN) SLIDE 1 of 1: INSTRUCTOR-LED DISCUSSION (18 min) (Instructor: You should now lead a discussion into EUCs and the potentially for abuse and forgery of these documents, or alternatively AW to develop this lesson pack further).
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Questions Are there any questions? 1 slide, 5 minutes
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