DEPARTMENT FOR
BUSINESS, ENTERPRISE AND REGULATORY REFORM News Release (2008/145)
issued by The Government News Network on 21 July 2008
Tougher controls
on the trading and transportation of arms were today announced by
the Government. The measures include an extension of
extra-territorial controls to cover light weapons, plus a
tightening of controls on the transport and UK transit of highly
sensitive goods. The developments were outlined as part of a
further response to a public consultation on the UK Strategic
Export Controls.
The announcements build on the recent move to add so-called sting
sticks to the UK list of torture equipment and the decision by the
UK to start working within the European Union to introduce a new
'torture end use' control which will make the export of
any equipment believed to be for use in torture licensable and
therefore give the Government the power to refuse it.
Business Minister Malcolm Wicks said:
"The irresponsible and illegal trade in sensitive weapons
can have unspeakable consequences - destroying families and
disrupting the efforts to combat poverty.
"The measures we have taken following the 2007 Review,
including those announced today, show that we're delivering
on our commitments to bear down on this issue. The tougher
controls are wide-ranging and we want our measures to be both
highly effective and enforceable.
"I am already particularly pleased that we have been able to
take prompt and decisive action to apply the strictest controls on
cluster munitions, in the spirit of the Dublin convention.
Legislation has already been laid to do that, and will come into
effect from 1 October.
"These changes will bring in tighter controls on the most
sensitive goods that pass through our country, and UK citizens
trading in small arms and light weapons will need a licence,
wherever in the world they are; and we will work with the EU to
change the Military End Use Control so that further measures are
put in place to minimise the risk of non-military goods being used
by the military, police or security forces for internal
repression, breaches of human rights or against UK forces or our
allies in the most sensitive destinations."
The following commitments, made in February, will come into force
from 1 October 2008, when legislation will be implemented to:
* Create a new three-category trade controls structure, retaining
the strictest controls on goods that are inherently undesirable
(Category A) and introducing a new Category B to control
extra-territorial trading in other goods that are internationally
agreed to be of heightened concern.
* Extend the
extra-territorial trade controls (to apply to any UK person
anywhere in the world) on cluster munitions by placing these in
Category A, and on small arms and Man Portable Air Defence Systems
(MANPADs) by placing these in Category B; and bring a wider range
of activities related to the trading of non-military explosive
goods to embargoed destinations under control.
Then, from 6 April 2009, further steps will be taken to:
* Move light weapons into Category B of the new trade controls,
to control trading by any UK person anywhere in the world, and
move Unmanned Aerial Vehicles (UAVs) and Long Range Missiles
(LRMs) into this category.
* Introduce additional controls on transport in the highest risk
circumstances.
* Adjust the scope of current exemptions for
goods that pass through the UK in transit and transhipment, by
removing exemptions for all highly sensitive (Category A) goods
and removing exemptions for destinations of concern for Category B
goods.
* Negotiate an enhanced 'EU Military End Use
Control' where licences will be required for export of any
non-controlled goods from the EU when the exporter knows they are
intended for use by the military, police or security forces in
listed destinations, and there is a clear risk that the goods
might be used for internal repression, breaches of human rights,
or against UK forces or those of allies.
The Government's further response is part of its post
implementation review of new UK controls introduced in 2004. As
well as changes to the UK controls, work will be taken forward in
parallel to negotiate stronger torture and military end use
controls across the EU.
ENDS
Notes to editors
1. The Government's further response paper can be found at:
http://www.berr.gov.uk/files/file47087.pdf.
2. On 6 February 2008 the Government published an initial
response. In its response the Government made a commitment to
strengthen controls in a number of areas and analyse further
control options that are now addressed in the future response.
3. The UK's strategic export controls support the
Government's counter-proliferation objectives. They are based
on the Export Control Act 2002 and its secondary legislation which
came into effect in 2004. The review fulfils a Government
commitment to undertake a Post Implementation Review three years
after their introduction in accordance with Cabinet Office
'Better Regulation' Guidelines.
4. The public consultation was launched on Monday 18 June 2007
and closed on 30 September 2007.
5. After further analysis of the views and recommendations
received to the public consultation there are certain changes the
Government has decided not to make:
* Ancillary services - the Government has concluded that the sole
provision of finance or insurance services and general advertising
and promotion should not be controlled for the new Category B
goods. However, active or targeted promotional activities aimed at
securing a particular business deal will be controlled.
* A pre-licensing registration system for arms brokers - the
Government is not yet fully convinced that the benefits of a
pre-licensing registration system would justify the burden it
could impose on legitimate business, particularly in view of steps
that it is already taking in other areas.
* The current provision in the trade controls that limits the
controls on certain activities to those which are done in return
for the "receipt of a fee, commission or other
consideration" will be retained, although the Government will
amend the current legislation to clarify what is meant by the term
"commission or consideration".
* Harmonising the definitions of technology - the response
concludes that the current definitions differ for legitimate
reasons and so it would be inappropriate to harmonise them.
However, the Government commits to update guidance to clarify the
reasoning behind these differences.
6. The Department for Business Enterprise and Regulatory Reform
helps UK business succeed in an increasingly competitive world.
It promotes business growth and a strong enterprise economy, leads
the better regulation agenda and champions free and fair markets.
It is the shareholder in a number of Government-owned assets and
it works to secure, clean and competitively priced energy supplies
Department for Business, Enterprise & Regulatory
Reform
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