Supplementary memorandum from the Foreign
and Commonwealth Office
Thank you for your letter of 1 May about exports
to Sudan, in which you raised a number of questions about exports
to Sudan following an article in the Sunday Times of 22
April 2007 about a British firm allegedly breaking the Sudan arms
embargo. I apologise for the delay in responding to you.
The Committee asked what investigations have
been made into Dallex and its activities, and whether it has breached
the Export Control Act 2002. The Committee also asked what action
the authorities have taken. I hope that the Committee will understand
that by Law, I am unable to give any details on companies that
may or may not be under investigation.
You also asked what assessment the UK Government
has made of the origin and volume of arms supplied to Sudan and
whether China is supplying arms in breach of the UN embargo. While,
we are not aware of China supplying arms to Sudan in breach of
the arms embargo, the People's Republic of China does not publish
details of its arms exports, and last submitted data to the UN
Register on Conventional Arms covering its exports in 1996. It
is not therefore possible to ascertain accurate figures on either
the total number or value of Chinese arms exports to Africa. We
continue to support vigorous implementation of the embargo and
the work of the United Nations Security Council's Sanctions Committee
for Sudan in monitoring implementation and compliance. Within
our dialogue with China, we encourage them to improve their export
controls, including by increasing their transparency of their
arms exports. This includes encouraging regular submissions to
the UN Register, as well as encouraging positive participation
in the UN process to take forward the initiative for an international
Arms Trade Treaty.
You also asked whether, with the UN and EU embargoes
in place, the supply of Land Rovers to the Sudanese Government
is subject to UK export controls. As you will already be aware,
under the EC Dual-Use Regulation (EC Reg 1334/2000, as amended)
and our own domestic legislation, the UK does not control the
export of complete civilian specification Land Rovers. However,
components for civilian specification Land Rovers could be controlled
under the Military End-Use Control, as set out in EC Reg 1334/2000,
if they are to be incorporated into a military vehicle for onward
supply to an embargoed destination (which includes, but is not
restricted to, Sudan) and if those facts were known at the time
that civilian specification components were exported from the
UK.
In respect of Land Rover, you are aware that
in the light of concerns about supplies to Otokar in Turkey, which
were later used in Uzbekistan, special arrangements were agreed
with Land Rover UK to more closely monitor supplies made by them
to Otokar. Land Rover also agreed to ensure that Export Control
Organisation (ECO) was consulted prior to onward supplies being
agreed by Otokar. These arrangements were put in place to ensure
that any intention to supply Sudan via Otokar would be brought
to the attention of ECO at the earliest stage.
Since that time, BERR have also remained in
close touch with Land Rover UK, who have also assured us that
they have ceased to supply Sudan. We have been shown Land Rover
internal instructions to staff which support this statement. However,
what neither BERR, nor any other arm of government can guarantee,
is that Land Rovers supplied prior to these arrangements being
agreed are not being used in Sudan; nor that in future, an ubiquitous
vehicle such as a Land Rover, will not find its way there, perhaps
through a series of transactions and re-sales over which the UK
can have no influence. This means that whilst the BERR will of
course follow up reports of Land Rovers being used in Sudan or
other embargoed destinations, such reports do not necessarily
indicate any weakness in UK export controls.
The remaining questions in your letter give
rise to a number of complex issues, which the BERR are looking
into. The ECO will respond directly to you once the issues have
been clarified.
In the meantime, I hope the information provided
here is useful.
July 2007
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