Quadripartite Select Committee Written Evidence

Supplementary memorandum from Saferworld


  Article 4.2 of the Dual-Use Regulation (1334/2000) applies a "catch-all" provision to the supply of dual-use goods to embargoed destinations.

    "An authorisation shall also be required for the export of dual-use items [intended for military end-use] not listed in Annex 1 if the purchasing country or country of destination is subject to an arms embargo . . . "

  This would not have applied to the Land Rover components exported to Turkey which were incorporated into the vehicles subsequently used in the Andijan massacre, as at the time Uzbekistan was not under embargo. However, were the same chain of events to be repeated now, it is still not clear that a licence would be required.

  The possible confusion lies over the meaning of "country of destination" in incorporation cases. In the above example, the destination of the components was Turkey. The transfer from Turkey was of Land Rovers, not of the components per se.  In which case, is Uzbekistan regarded as a "country of destination" of the UK export? There is a need for clarification of this point: if the intent of the UK Government is to prevent embargoed destinations from receiving material UK support for their security forces, then the answer must be that the country of destination should include the ultimate country of destination of either the components themselves, or the sub-assemblies or final products into which they are incorporated.

  A further question relates to circumstances where a decision to re-export is made by the original recipient after the initial delivery takes place. Using a hypothetical variant on the case of the Land Rovers to Turkey, if the Turkish Government were now to decide to export to now-embargoed Uzbekistan more Land Rovers containing components long-since sourced from the UK, would Turkey need permission for that export from the UK Government? The UKWG on Arms recommends that in such cases, explicit permission from the UK Government to re-export should be required.

March 2006

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