Committees on Arms ExportsLetter from the Chair of the Committees to the Rt Hon William Hague MP, First Secretary of State and Secretary of State for Foreign and Commonwealth Affairs, Foreign and Commonwealth Office
The Committees on Arms Export Controls are considering the Government’s report United Kingdom Strategic Export Controls Annual Report 2610 (HC 1402) and have agreed questions relating to that report, as set out in Annex A to this letter.
I would be grateful to receive the Government’s answers to these questions no later than 30 November.
The Committees will be making this letter and the Annex public.
I am copying this letter to the Secretary of State for Business, Innovation and Skills, the Secretary of State for International Development and the Secretary of State for Defence.
Annex A
QUESTIONS RELATING TO THE GOVERNMENT’S REPORT—UNITED KINGDOM STRATEGIC EXPORT CONTROLS ANNUAL REPORT 2010—HC1042
The paragraph numbers follow those in the Government’s report.
Ministerial Foreword 2nd Paragraph
On what grounds does the Government consider that its commitment to increasing arms exports on the one hand, and promoting democracy and human rights abroad on the other, are mutually reinforcing, rather than mutually conflicting, agendas?
Ministerial Foreword 5th Paragraph
In what specific ways has the present Government extended transparency on arms exports data compared with the previous Government?
Section 1—Domestic Policy, Paragraph 1.1
Does the Government accept that the scale and content of its revocation of extant arms export licences to countries in North Africa and the Middle East as detailed in Annex 1 of the Government’s Response (Cm 8079) to the Committees on Arms Export Controls Report published on 5 April 2011 represent a serious failure by BIS, FCO, MOD, DFID, HMRC and UKBA to fulfil the first Guiding Principle of the Export Licensing Community’s Joint Mission Statement namely: “We shall implement effectively the UK’s framework of strategic export controls so as to ensure that sensitive goods and technology are kept out of the wrong hands?”.
Section 1—Domestic Policy, Paragraph 1.2
In respect of each of the extant arms export licences to countries in North Africa and the Middle East which have now been revoked, as detailed in Annex 1 of Cm. 8079, which were, and which were not:
(a)Referred to the FCO overseas post concerned for assessment against Criteria 2 and 3 before the licence was granted?
(b)Referred to FCO Ministers for a final recommendation, and what was their recommendation in each case and the date of their recommendation?
Section 1—Domestic Policy, Paragraph 1.2
(a)Which strategic export licence applications, and for what goods and to which countries, were referred to DFID in 2010 for that Department’s specific expertise and advice? Of those applications, which were granted and which were refused, and which were granted contrary to the advice of DFID?
(b)Which of the arms export licence applications to countries in North Africa and the Middle East which have now been revoked, as detailed in Annex 1 of Cm. 8079, were referred to DFID for that Department’s specific expertise and advice, and what was DFID’s advice in each case?
Section 1—Domestic Policy, Paragraph 1.3
What steps will the Government take to inform the Committees on Arms Export Controls of any amendments to strategic exports control legislation it has decided to make by way of secondary legislation?
Section 1—Domestic Policy, Paragraph 1.3
Will the Government’s relaxation of the UK’s national controls on explosives-related items to bring them into line with EU controls increase the risk that such items exported from the UK may be used for internal repression or against the Armed Forces of the UK or those of other NATO and EU member countries?
Section 1—Domestic Policy, Paragraph 1.3
(a)Is the Order introducing a control on the export to the USA of sodium thiopental used in some states in the USA in the process of execution by lethal injection going to be extended beyond the maximum of 12 months?
(b)What has been the European Commission’s response to the British Government’s request that sodium thiopental be added to the items in the EU’s so-called “torture Regulation” for which export authorisation is required?
Section 1—Domestic Policy, Paragraph 1.3
On 27 October 2010 a new EU Regulation imposing restrictive measures against Iran came into force—Council Regulation (EU) 961/2010 of 25 October 2010. Will the UK Government be introducing any new or amending any existing legislation in order to comply with the Regulation?
Section 1—Domestic Policy, Paragraph 1.3
On 9 November 2010 Mark Prisk MP, Minister for Business, announced to Parliament that the Government would only issue licences for Annex IV items in the most exceptional circumstances. What could those circumstances be?
Section 1—Domestic Policy Paragraph 1.4
(a)The Government has made the policy change that from 1 July 2010 all applications for Standard Individual Export Licenses (SIELs) must contain a declaration from the end-user that the goods will not be re-exported or otherwise re-sold or transferred to a destination subject to UN, EU or OSCE embargo where to do so would be a breach of the terms of that embargo. Why did that policy change apply only to Standard Individual Export Licence applications, and not all applications for strategic exports?
(b)From 1 July 2010 all End-User Undertakings must contain a declaration by the end-user that the goods will not be re-exported or otherwise re-sold or transferred to a destination subject to UN, EU or OSCE embargo. How is this monitored and enforced?
Section 1—Domestic Policy, Paragraph 1.6
Is the Department for Business intending to make any further developments to the ECO website in order to aid exporters? If so, what is envisaged?
Section 1—Domestic Policy, Paragraph 1.7
The ratio of errors found during compliance visits is relatively high. What steps are being taken to reduce the instances of compliance misuses?
Section 1—Domestic Policy, Paragraph 1.9
(a)In how many of the 134 cases of seizures in 2010 of strategic goods in breach of licensing requirements were prosecutions for strategic export offences initiated?
(b)Why were only five prosecutions successful?
Section 2—International Policy, Table 2.3
Why is the Department for International Development only consulted when assessing an arms export licence application against Criteria 8, and not when assessments are made against Criteria 2, 3 and 4?
Section 2—Case Studies, Paragraph 2.4
The Government produced in its Report case studies of export licence applications for:
1.body armour and night vision goggles that were to be used by Private Security Companies in Afghanistan,
2.a single armoured personnel carrier for demonstration/evaluation for the Nigerian Police Force, and
3.shields and body armour for use by the Ministry of Internal Affairs in Kyrgyzstan.
Why has the Government selected as its Case Studies relatively insubstantial export licence applications compared with the previous Government which in its 2008 Report included as a Case Study an application for an export licence for Armoured Personnel Carriers and components for the Libyan police?
Section 2—Arms Trade Treaty, Paragraph 2.5
When does the Government anticipate agreement to the Arms Trade Treaty? What are the main issues still to be resolved to enable a consensus to be reached?
Section 2—Small Arms and Light Weapons (SALW), Paragraph 2.6
Which states attended the Fourth Biennial Meeting of States considering the implementation of the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All its Aspects?
Section 2—Cluster Munitions, Paragraph 2.7
Which countries have now ratified the Convention on Cluster Munitions prohibiting the use, production, stockpiling and transfer of cluster munitions?
Section 2—Wassenar Arrangement, Paragraph 2.8
(a)Which states and international organisations participate in the Wassenar Arrangement dealing with the accumulation and transfer of conventional weapons?
(b)The report states that “the UK plans to play a full and leading role in the Assessment Year process” for the Wassenaar Agreement. What actions will be or have been taken to fulfil this statement?
Section 2—UN Register of Conventional Arms, Paragraph 2.9
(a)Which UN member states make reports to the UK Register of Conventional Arms?
(b)What specific steps is the Government taking to try to ensure that more UN member states do so, and on an up-to-date annual and accurate basis, and also with the full details required by the UN?
Section 2—Nuclear Suppliers Group (NSG), Paragraph 2.10
(a)Which are the members of the Nuclear Suppliers Group seeking to reduce global nuclear proliferation by controlling the export and re-transfer of materials that may be applicable to nuclear weapons development, and promoting effective safeguards and the protection of existing nuclear materials?
(b)The 2011 Plenary of the Nuclear Suppliers Group took place in Holland. What were the main outcomes from this session?
Section 2—The Academic Technology Approval Scheme (ATAS), Paragraph 2.11
(a)Which are the Institutes of Higher Education (IHEs) in the UK participating in The Academic Technology Approval Scheme seeking to protect certain sensitive technologies relating to Weapons of Mass Destruction and their means of delivery from possible misuse by proliferators?
(b)Which are the “sensitive subjects” at each participating Institute of Higher Education for which foreign students seeking to study them must first obtain an ATAS certificate?
(c)Why does the Government consider that the need to protect at UK Institutes of Higher Education certain sensitive technologies relating to WMD and their means of delivery from possible misuse by proliferators arises only in the case of foreign students?
Section 2—Australia Group, Paragraph 2.12
Which are the current participants in the Australia Group to prevent the proliferation of chemical and biological agents and dual-use manufacturing equipment?
Section 2—Missile Technology Control Regime (MTCR), Paragraph 2.13
(a)Which countries are Partners in the Missile Technology Control Regime co-ordinating their export licensing efforts to prevent the proliferation of WMD capable unmanned delivery systems?
(b)What was the outcome of the Plenary held in Buenos Aires in April 2011?
Section 2—Gifted Equipment Paragraph 2.15 and Table 2.4
(a)Does the Government attach the same controls and conditions to the equipment it gifts to overseas governments as it attaches to arms export licences it grants to commercial exporters?
(b)Is the Government requiring from governments to whom it is gifting equipment the same end-use declaration it introduced from 1 July 2010 for commercial exports as described in paragraph 1.4 of the Annual Report 2010?
(c)Does the Government retain the right to require the return of equipment it gifts if the controls and conditions attached to the gift are not complied with?
(d)What were the functions of the Laboratory Equipment gifted to the Iraq Ministry of Interior in 2010?
(e)What were the functions of the Law Enforcement Equipment gifted to the Government of Yemen in 2010?
Section 3—Background to Export Licence Decisions, Paragraph 3.1
(a)Why is the provision of technical assistance where the provider knows or has been made aware that the technical assistance will be used for “WMD Purposes” only controlled outside the EU, and not inside the EU also?
(b)Why is the rating given to items that the exporter has been told, knows or suspects are or may be intended for “WMD Purposes” described as “End-Use” and not “WMD End-Use”?
(c)Why is the transfer of technology by any means where the person making the transfer knows or has been made aware that the technology is for “WMD Purposes” only controlled outside the EU, and not inside the EU also?
Section 3—General Note on Licensing Data, Paragraph 3.2
(a)What are the “certain conditions” that have to be met if controlled goods being transhipped through the UK en route from one country to another pre-determined destination are made exempt from control?
(b)Why is there no Open Individual Transhipment Licence?
(c)Why do Trade Controls not apply to software and technology?
Section 3—Information on SIELs, SITLs, OIELs, SITCLs and OITCLs, Paragraph 3.3
Why are the exporters holding Open Individual Export Licences (OIELs) not asked to provide details of the value of goods they propose to ship?
Section 3—Paragraph 3.5 and Table 3.6. Reasons for Refusals and Revocations of SIEL and SITCL Applications
(a)Will the Government state the number of revocations in this table, and in the case of each revocation the goods concerned, the country of destination, and the Criterion (using the same 11 categories as in Table 3.6) under which the licence was revoked?
(b)Will the Government state in the case of each refusal in this table the goods concerned, the country of destination, and the Criterion (using the same 11 categories as in Table 3.6) under which the application was refused?
(c)Will the Government provide the same information for refusals and revocations of OIELs and OITCLs, and in the same format as that requested for SIELs and SITCLs in a) and b) immediately above.
Section 3—Open General Export Licences (OGELs), Paragraph 3.7 and Table 3.7
(a)What are the shipments and destinations that are eligible for OGELs and what are the “certain conditions” that have to be met for an OGEL?
(b)Why are there a small number of Open General Transhipment Licences for which registration with BIS’s Export Control Organisation is not required and what are the details of these licenses?
Section 3—Performance in Processing Licence Applications, Paragraph 3.8
(a)The number of SEILS processed within 20 working days fell significantly from the previous two years, resulting in missing the target. What was the reason for this fall and what steps have or are being taken to rectify the situation?
(b)The target for the number of appeals to be completed within 20 working days was also not met and was significantly down from the previous two years. Why and what is being done to ensure that the target is met in the future?
Annex C
INFORMATION REQUIRED FOR THE UN REGISTER OF CONVENTIONAL ARMS
Will the Government provide a revised copy of Annex C with all explanatory notes that are currently missing, or unclear, included or clarified as necessary?
19 October 2011
