10 Arms exports to Countries of concern
Extant arms export licences to
the Foreign and Commonwealth Office's (FCO) Countries of Human
Rights concern worldwide, and to the Additional Countries of concern
to the Committees
435. The Committees' previous scrutiny of arms exports
to Countries of concern can be found at paragraphs 384-386 in
Volume II of the Committees' previous Report (HC 205), and the
Committees' Conclusions at paragraphs 97-100 of the Report.
436. In their 2012-13 inquiry the Committees on Arms
Export Controls took a new initiative and asked the Government
for the first time for details of the Government's approved extant
arms export licences for each of the 27 countries listed by the
FCO in its Human Rights Annual Report as being it countries of
top human rights concern. These were: Afghanistan, Belarus, Burma,
China, Colombia, Cuba, Democratic People's Republic of Korea,
Democratic Republic of Congo, Eritrea, Fiji, Iran, Iraq, Israel
and the Occupied Palestinian Territories, Libya, Pakistan, Russia,
Saudi Arabia, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Turkmenistan,
Uzbekistan, Vietnam, Yemen, and Zimbabwe. The Committees also
asked the Government for details of the Government approved extant
arms export licences for an addition 5 Countries of concern to
the Committees. These were: Argentina, Bahrain, Egypt, Madagascar
and Tunisia.
437. The Committees' Conclusions and Recommendation
on arms exports to Countries of concern in their 2013 Report (HC 205)
and the Government's Response (Cm8707) were as follows:
The Committees Conclusion:
The Committees conclude that in his letter of
10 May 2013, the Business Secretary, Vince Cable, states that
there are over 3,000 Standard Individual and Open Individual Export
Licences (SIELs and OIELs) that remain extant to the FCO's 27
Countries of human rights concern. According to the Business Secretary's
letter the total value of the UK's SIELs to these 28 Countries
is some £12,331,621,526 as set out below. The Government
does not provide values for OIELs because of their open nature.
Country | Value of SIELs (£)
| Number of extant licences (SIELs and OIELs)
| Country | Value of SIELs (£)
| Number of extant licences (SIELs and OIELs)
|
Afghanistan |
23,847,337 | 80
| Pakistan | 49,802,833
| 219 |
Belarus | 128,042
| 11 | Russia
| 86,329,387 | 271
|
Burma | 3,332,192
| 8 | Saudi Arabia
| 1,863,182,251 | 417
|
China | 1,486,415,462
| 1163 | Somalia
| 1,914,694 | 26
|
Colombia | 20,089,524
| 53 | South Sudan
| 0 | 0
|
Cuba | 0
| 3 | Sri Lanka
| 8,084,759 | 49
|
Democratic People's Republic of Korea
| 0 | 0
| Sudan | 7,642,480
| 14 |
Democratic Republic of Congo
| 2,127,980 | 20
| Syria | 143,867
| 3 |
Eritrea | 960,031
| 6 | Turkmenistan
| 1,022,016 | 17
|
Fiji | 35,555
| 4 | Uzbekistan
| 7,405,718 | 19
|
Iran | 803,440,351
| 62 | Vietnam
| 13,371,242 | 74
|
Iraq | 15,915,430
| 69 | Yemen
| 64,784 | 10
|
Israel and Occupied Palestinian Territories
| 7,878,776,714 | 381
| Zimbabwe | 2,992,390
| 46 |
Libya | 54,583,388
| 49 | Total
| 12,331,621,526 |
3,074 |
It should be stressed that a considerable number
of the above extant licences will be for dual-use goods or military
goods not readily usable for internal repression.[389]
The Government's Response:
The Government notes the Committees' conclusions.[390]
The Committees' Conclusion:
The Committees conclude that in his letter of
20 May 2013, the Business Secretary, states that there are around
400 Standard Individual and Open Individual Export Licences (SIELs
and OIELs) that remain extant to the 5 additional Countries of
concern highlighted by the Committees (Argentina, Bahrain, Egypt,
Madagascar and Tunisia). According to the Business Secretary's
letter the total value of the UK's SIELs to these 5 countries
is some £111,657,154 as set out below. The Government does
not provide values for OIELs because of their open nature.
Country | Value of SIELs (£)
| Number of extant licences
| Country | Value of SIELs (£)
| Number of extant licences (SIELS and OIELs)
|
Argentina |
7,543,100 | 57
| Madagascar | 24,348,066
| 40 |
Bahrain | 13,630,375
| 105 | Tunisia
| 7,062,299 | 51
|
Egypt | 59,073,314
| 134 | Total
| 111,657,154 |
387 |
It should be stressed that a considerable number of the above
extant licences will be for dual-use goods or military goods not
readily usable for internal repression.[391]
The Government's Response:
The Government notes the Committees' conclusions.[392]
The Committees' Recommendation:
With regard to the other 16 Countries of concern[393]
which are: Belarus, Burma, Colombia, Cuba, Democratic People's
Republic of Korea (North Korea), Democratic Republic of Congo,
Eritrea, Fiji, Pakistan, Russia, Somalia, South Sudan, Sudan,
Turkmenistan, Vietnam and Zimbabwe, the Committees recommend that
the Government in its Response to this Report states whether it
is satisfied that none of the 772 extant UK export licences to
these countries:
a) contravenes the Government's stated policy
that: "We will not issue licences where we judge there is
a clear risk that the proposed export might provoke or prolong
regional or internal conflicts, or which might be used to facilitate
internal repression"; or
b) is currently in contravention of
any of the arms export Criteria set out in the UK's Consolidated
Criteria and the EU Common Position.[394]
The Government's Response:
The Government is satisfied that none of the
currently extant licences for these countries contravenes its
policy as outlined in paragraph 46 above [see the Government's
Response to the Consolidated Criteria and EU Common Position above].
However, as was shown during the Arab Spring, circumstances can
and do rapidly change, leading to a reassessment of risk and,
in some cases, a different decision using the same criteria. In
such cases the Government would revoke the licence.
The Government has access to a wide range of
daily reporting including from its global network of Missions
overseas. This enables the Government to respond swiftly to changes
in risk.
Several of countries referred to above are subject
to EU and/or UN arms embargoes which the Government takes fully
into account when making export licensing decisions.[395]
438. In the Westminster Hall debate on the Committees'
last Report (HC 205) held on 21 November 2013, the Chairman stated
that: "the Committees' scrutiny of the Government's extant
licences, particularly in countries where there is significant
internal repression, will continue intensively."[396]
439. When the Committees questioned the Foreign Secretary,
in the Oral Evidence session on 8 January 2014, about the 3,074
extant licences, to the values of over £12bn (as of May 2013[397])
to the FCO's Counties of concern he said that the items were not
covered by sanctions and that they met the Consolidated Criteria.
He continued by stating that "a huge amount of work goes
into testing licences against the Consolidated Criteria".
The Foreign Secretary stated that there had been a ten-fold increase
in the number of licence applications referred to Ministers for
decision in the last three years. He said:
There is no complacency. We are very rigorous
about it. We do not hesitate to turn down licences, but we do
so in a way that is consistent, that is justified under the law
and under the criteria, that can be defended and that is not obstructing
normal trade, which these licensing systems are not intended to
do.[398]
Richard Tauwhere, Head of Arms Policy Unit, FCO,
continued:
When we are considering the risks against the
criteria, we go into a great deal of detail, particularly for
those countries which are of human rights concern, not only those
on the FCO's list but any country where we know there are human
rights concerns. We go into a lot of detail. We ask the post.
We look at NGO evidence as well. We routinely monitor what Amnesty,
Human Rights Watch and others are saying, and we take all of that
into account in the advice we give to Ministers. After the event,
posts have a standing requirement to keep an eye on developments
in human rights in their countries and to report back to us if
there are any developments that might affect our licensing.[399]
440. When the Foreign Secretary was asked if he had
been surprised that the Committees had discovered that there had
been over 3,000 extant licences with a total value of over £12billion
for arms export licences to Countries of concern the Foreign Secretary
replied: "Not really [...]. This is a large industry for
this country and it is a legitimate trade. We do not have a trade
ban with those countries of concern, so trade takes place between
the UK and those countries. They involve some of the biggest economies
in the world."[400]
He continued:
Whatever the state of our relations with these
countries, we do not hold back from speaking about our human rights
concerns, but it is not the policy of this Government, or of previous
British Governments, to prevent trade with countries that are
of human rights concern. Specific sanctions may apply to some
of them and we implement those sanctions, but that is different
from obstructing all trade with them.[401]
441. On 10 April 2014 the Chairman of the Committees
wrote to the Business Secretary requesting details of all extant
licences to the FCO's Countries of Human Rights concern and, in
addition, to Argentina, Bahrain, Egypt, Tunisia and Ukraine. The
text of the letter was as follows:
1) Extant licences for the FCO Countries of
Human Rights concern
Please could you state which UK strategic export
control licences are currently extant, stating the application
type, annual report summary and goods value in the case of each
licence, to each of the 28 countries[402]
listed as Countries of Human Rights concern in the Foreign and
Commonwealth Office's 2013 Human Rights and Democracy Report namely:
Central African Republic (CAR)
Democratic People's Republic of Korea (DPRK)
Democratic Republic of the Congo (DRC)
Israel and the Occupied Palestinian Territories
2) Extant licences for other countries
Please could you state which UK strategic export
control licences are currently extant, stating the application
type, annual report summary and goods value in the case of each
licence, to each of the five following countries:
The Business Secretary replied on 12 May 2014.[404]
Details of the extant licences can be found at Annex 9. A summary
of the extant licences is included in the Table 12 below.
Table 12 - Extant arms export licences to FCO Countries
of Human Rights concern May 2014
Country | Value of SIELs (£)
| Number of extant licences (SIELs and OIELs)
| Country | Value of SIELs (£)
| Number of extant licences (SIELs and OIELs)
|
Afghanistan | 19,222,964
| 72 | Pakistan
| 49,745,940 | 255
|
Belarus | 5,458,753
| 13 | Libya
| 44,308,072 | 71
|
Burma | 3,273,826
| 10 | Russia
| 131,542,677 | 285
|
Central African Republic (CAR)
| 197,000 | 4
| Saudi Arabia | 1,677,486,389
| 486 |
China | 1,688,716,748
| 1146 | Somalia
| 4,261,022 | 33
|
Colombia | 32,494,783
| 65 | South Sudan
| 1,795,580 | 13
|
Cuba | 0
| 4 | Sri Lanka
| 49,645,755 | 79
|
Democratic People's Republic of Korea
| 8,340 | 1
| Sudan | 10,225,162
| 7 |
Democratic Republic of Congo
| 2,173,287 | 27
| Syria | 217,792
| 5 |
Eritrea | 968,640
| 7 | Turkmenistan
| 5,154,652 | 28
|
Fiji | 37,720
| 5 | Uzbekistan
| 3,171,133 | 14
|
Iran | 41,826,894
| 53 | Vietnam
| 28,447,422 | 74
|
Iraq | 32,458,255
| 80 | Yemen
| 1,596,408 | 12
|
Israel and Occupied Palestinian Territories
| 7,912,249,591 | 470
| Zimbabwe | 2,636,291
| 60 |
| | | Total
| 11,915,310,330 |
3,379 |
Source: Ev w239 - Annex to letter from Vince Cable
to the Chairman of the Committees on Arms Export Controls dated
12 May 2014
It should be stressed that a number of the above
extant licences will be for dual-use goods or military goods not
readily usable for internal repression.
Table 13 - Extant arms export licences to Additional
Countries of concern to the CommitteesMay 2014
Country | Value of SIELs (£)
| Number of extant licences
| Country | Value of SIELs (£)
| Number of extant licences (SIELS and OIELs)
|
Argentina | 26,586,517
| 64 | Tunisia
| 2,005,887 | 43
|
Bahrain | 49,663,146
| 115 | Ukraine
| 21,902,281 | 70
|
Egypt | 65,825,601
| 129 | Total
| 165,989,231 |
421 |
Source: Ev w239 - Annex to letter from Vince Cable
to the Chairman of the Committees on Arms Export Controls dated
12 May 2014
It should be stressed that a number of the above
extant licences will be for dual-use goods or military goods not
readily usable for internal repression.
442. The changes of note in the number and value
of extant arms export licences to the FCO's countries of human
rights concern were as follow:
i. Whilst the number of extant licence to
China has fallen slightly the value of current extant licences
by £200m in the last year;
ii. The value of extant licences to Colombia
has risen 62% (from £20.1m to £32.4m);
iii. The value of extant licences to Iran
has dropped from £803m to £41m;
iv. The value of extant licences has risen
from £15.9m (69 licences) to £32m (80 licences);
v. The number of extant licences to Israel
and the Occupied Palestinian Territories has risen from 381 (value
£7.878billion) to 470 (value (£7.912billion) - 23%;
vi. The value of extant licences to Russia
has increased from £86m (271 licences) to £131m (285
licences) - arise of 52.3%;
vii. The value of extant licences to Somalia
has risen from £1.9m to £4.26m (22.5%);
viii. The value of extant licences to Sri
Lanka has risen from £8.1m (49 licences) to £49.6m (79
licences) - a rise of 614%;
ix. The value of extant licences to Turkmenistan
has risen from £1m (17 licences) to ££5.1m (28
licences) - a rise of 504%; and
x. The value of licences to Vietnam has risen
from £13.4m to £28.4m (213%).
Whilst the number of extant licences has risen
slightly by 305 (9.9%) the value of the extant licences has fallen
by £41,631,119 (3.3%).
443. I propose that the Committees recommend that
the Government states in its Response whether it is satisfied
that each of the 3,375 extant arms export licences to the Foreign
and Commonwealth Office's 28 Countries of Human Rights concern,
valued at £11.9 billion, and each of the 421 extant arms
export licences to the Committees' Additional 5 Countries of concern,
valued at £166 million, are currently compliant with all
of the Government's Arms Export Licensing Criteria with particular
reference to:
a) Criterion One (Respect for the UK's international
obligations and commitments, in particular sanctions adopted by
the UN Security Council or the European Union, agreements on non-proliferation
and other subjects, as well as other international obligations);
b) Criterion Two (The respect for human rights
and fundamental freedoms in the country of final destination as
well as respect by that country for international humanitarian
law);
c) Criterion Three (The internal situation
in the country of final destination, as a function of the existence
of tensions or armed conflicts);
d) Criterion Four (Preservation of regional
peace, security and stability); and
e) Criterion Six (The behaviour of the buyer
country with regard to the international community, as regards
in particular to its attitude to terrorism, the nature of its
alliances and respect for international law).
Extant arms export licences to
certain individual countries within the FCO's list of 28 Countries
of Human Rights concern
444. Specific evidence given to the Committees in
relation to 12 of these 28 countries and the Committees' Conclusions
and Recommendations in relation to those countries follows immediately
below.
AFGHANISTAN
445. The Committees' previous scrutiny of arms exports
to Afghanistan can be found at paragraphs 461-468 in Volume II
of the Committees' previous Report (HC 205), and the Committees'
Recommendations at paragraphs 113 and 114 of the Report.
446. The Committees' Recommendations on Afghanistan
in their 2013 Report (HC 205) and the Government's Response
(Cm8707) were as follows:
The Committees' Recommendation:
The Committees recommend that the Government
in its Response to this Report lists the items of military equipment
and their values that it has gifted or it intends to gift to the
Government of Afghanistan and its agencies as British military
forces withdraw.[405]
The Government's Response:
We publish details in the Annual Report on Strategic
Export Controls of controlled military equipment gifted by the
Government. There were no gifts of controlled military equipment
to Afghanistan in 2012 and to date in 2013 that remains case.
If gifting equipment is an option, the Government
only agrees to requests from foreign governments to gift them
military equipment where to do so would assist our
foreign and security policy aims. Gifting is not a frequent occurrence.
All proposals to gift controlled goods are assessed
against the Consolidated EU and National Arms Export Licensing
Criteria in the same way as commercial applications.
Where gifts of controlled items are approved
these are reported in the Annual Report on Strategic Export Controls,
including the value.[406]
The Committees' Recommendation:
The Committees recommend that the Government
in its Response to this Report states whether it is satisfied
that none of its items of gifted military equipment and none of
the 80 extant UK export licences to Afghanistan or any goods on
the Strategic Exports Control lists gifted, or planned to be gifted,
to Afghanistan:
a) contravenes the Government's stated policy
that: "We will not issue licences where we judge there is
a clear risk that the proposed export might provoke or prolong
regional or internal conflicts, or which might be used to facilitate
internal repression"; or
b) is currently in contravention of any of
the arms exports Criteria set out in the UK's Consolidated Criteria
and the EU Common Position
including those extant licences to Afghanistan
for: body armour, components for body armour, military helmets,
components for all-wheel vehicles with ballistic protection, components
for ground vehicle military communications equipment, ground vehicle
military communications equipment, components for machine guns,
machine guns, small arms ammunition, components for pistols, equipment
employing cryptography, software for equipment employing cryptography,
general military vehicle components, military support vehicles
and technology for military support vehicles.[407]
The Government's Response:
The Government is satisfied that none of the
currently extant licences for Afghanistan contravenes its policy
as outlined in paragraph 46 above [see the Government's Response
to the Consolidated Criteria and EU Common Position above]. However,
as was shown during the Arab Spring, circumstances can and do
rapidly change, leading to a reassessment of risk and, in some
cases, a different decision using the same criteria. In such cases
the Government would revoke the licence. The Government's answers
to the Committees' Quarterly Questions, which can be found at
Volume 2, Annex 1 of the Committees' Annual Report, provide more
detail about individual licences.
There is an arms embargo in place for Afghanistan
with sanctions applying to those individuals designated under
the UN's 'Consolidated List'. All extant licences for Afghanistan
were approved in accordance with the sanctions in place or for
use by the International Security Assistance Force (ISAF)/Diplomatic
Missions/United Nations/Recognised NGO.
As stated in the Government's Annual Report on
Strategic Export Controls published on 12 July, "As a matter
of policy, all proposals to gift controlled military equipment
are assessed against the Consolidated EU and National Arms Export
Licensing Criteria by relevant Government departments in the same
way as commercial applications and to the same degree of rigour."
Therefore the Government is satisfied that no gifting package,
or planned gifting package, contravenes its policy as outlined
in paragraph 46 above [see the Government's Response to the Consolidated
Criteria and EU Common Position above].[408]
447. I propose that the Committees recommend that
the Government states in its Response the reasons it considers
its approved extant arms export licences to Afghanistan for assault
rifles, body armour, components for all-wheel drive vehicles with
ballistic protection, components for assault rifles, components
for body armour, components for machine guns, components for military
combat vehicles, components for pistols, cryptographic software,
equipment employing cryptography, general military vehicle components,
gun silencers, machine guns, military support vehicles, pistols,
small arms ammunition and technology for military support vehicles
are currently compliant with the following of the Government's
Arms Export Licencing Criteria: One, Two, Three, Four and Six.
CHINA
448. A declaration by the Madrid European Council
on 27 June 1989 established an arms embargo on China.[409]
449. The Committees' previous scrutiny of arms exports
to China can be found at paragraphs 479-487 in Volume II of the
Committees' previous Report (HC 205), and the Committees' Recommendations
at paragraphs 117 and 118 of the Report.
450. The Committees' Recommendations on China in
their 2013 Report (HC 205) and the Government's Response
(Cm8707) were as follows:
The Committees' Recommendation:
The Committees recommend that the Government
in its Response to this Report states whether it is satisfied
that none of the 1163 extant UK export licences to China:
a) contravenes the Government's stated policy
that: "We will not issue licences where we judge there is
a clear risk that the proposed export might provoke or prolong
regional or internal conflicts, or which might be used to facilitate
internal repression"; or
b) is currently in contravention of any of
the arms exports Criteria set out in the UK's Consolidated Criteria
and the EU Common Position
including those extant licences to China for:
body armour, components for equipment employing cryptography,
components for ground vehicle communications equipment, components
for military communications equipment, military communications
equipment, technology for military communications equipment, cryptographic
software, equipment employing cryptography, software for equipment
employing cryptography, software for the use of equipment employing
cryptography, technology for equipment employing cryptography,
equipment for the production of equipment employing software,
equipment for the use of military communications equipment, small
arms ammunition, software for cryptographic software, technology
for cryptographic software, technology for ground vehicle military
communications equipment, technology for military communications
equipment, technology for the production of military communications
equipment, weapon sights.[410]
The Government's Response:
The Government is satisfied that none of the
currently extant licences for China contravenes its policy as
outlined in paragraph 46 above [see the Government's Response
to the Consolidated Criteria and EU Common Position above]. However,
as was shown during the Arab Spring, circumstances can and do
rapidly change, leading to a reassessment of risk and, in some
cases, a different decision using the same criteria. In such cases
the Government would revoke the licence. The Government's answers
to the Committees' Quarterly Questions, which can be found at
Volume 2, Annex 1 of the Committees' Annual Report, provide more
detail about individual licences.
· As the
Committees note below there is an EU arms embargo in place against
China. The UK interpretation of Arms Embargo on China, given in
Parliament on 3 June 1998, is that it applies to:
· Lethal
weapons, such as machine guns, large calibre weapons, bombs, torpedoes,
rockets and missiles. Specially designed components for these
and ammunition.
· Military
aircraft and helicopters, vessels of war, armoured fighting vehicles
and other such weapons platforms.
· Any
equipment which might be used for internal repression.
All extant licences for China were approved in
accordance with the UK's interpretation of the embargo.[411]
The Committees' Recommendation:
The Committees further recommend that the Government
states in its Response whether it will seek to widen the EU arms
embargo on China to include:
a) all military goods; and
b) all listed goods which "might
be used to facilitate internal repression" contrary to the
UK Government's stated policy.[412]
The Government's Response:
The EU arms embargo already covers any equipment
which might be used for internal repression and the Government
has no plans to seek to widen it further.[413]
451. I propose that the Committees recommend that
the Government states in its Response whether it remains the Government's
policy to continue to support the maintenance of the EU embargo
on China but not to widen the military or dual-use goods to which
it applies.
452. I propose that the Committees recommend that
the Government states in its Response the reasons it considers
its approved extant arms export licences to China for components
for equipment employing cryptography, components for ground vehicle
military communications equipment, components for military communications
equipment, cryptographic software, equipment employing cryptography,
equipment for the production of equipment employing cryptography,
equipment for the use of military communications equipment, military
communications equipment, small arms ammunition, software for
cryptographic software, software for equipment employing cryptography,
software for the use of equipment employing cryptography, technology
for cryptographic software, technology for equipment employing
cryptography, technology for military communications equipment,
technology for the production of military communications equipment
and weapon sights are currently compliant with the following of
the Government's Arms Export Licencing Criteria: One and Two.
IRAN
453. The Committees' previous scrutiny of arms exports
to Iran can be found at paragraphs 404-406 in Volume II of the
Committees' previous Report (HC 205), and the Committees' Recommendation
at paragraph 103 of the Report.
454. The Committees' Recommendation on Iran in their
2013 Report (HC 205) and the Government's Response (Cm8707)
were as follows:
The Committees' Recommendation:
The Committees recommend that the Government
in its Response to this Report states whether it is satisfied
that none of the 62 extant UK export licences to Iran:
a) contravenes the Government's stated policy
that: "We will not issue licences where we judge there is
a clear risk that the proposed export might provoke or prolong
regional or internal conflicts, or which might be used to facilitate
internal repression"; or
b) is currently in contravention of any of
the arms exports Criteria set out in the UK's Consolidated Criteria
and the EU Common Position
including those extant licences to Iran for:
cryptographic software, equipment employing cryptography and software
for the use of equipment employing cryptography.[414]
The Government's Response:
The Government is satisfied that none of the
currently extant licences for Iran contravenes its policy as outlined
in paragraph 46 above [see the Government's Response to the Consolidated
Criteria and EU Common Position above]. However, as was shown
during the Arab Spring, circumstances can and do rapidly change,
leading to a reassessment of risk and, in some cases, a different
decision using the same criteria. In such cases the Government
would revoke the licence. The Government's answers to the Committees'
Quarterly Questions, which can be found at Volume 2, Annex 1 of
the Committees' Annual Report, provide more detail about individual
licences.
Sanctions against Iran now include wide restrictions
on trade including the export of 'dual use' goods and goods that
could contribute to Iran's nuclear programme as well as an arms
embargo. There are also wide restrictions targeting the investment
in Iran's energy including the supply of key equipment and the
purchase of oil and gas. Furthermore there are wide prohibitions
on dealings with large sections of the financial sectors including
the freezing of funds and economic resources of certain individuals
and entities, as well as restrictions on the provision of insurance
to the Government of Iran and restrictions on the transfer of
funds with Iranian banks.
All extant licences for Iran were approved in
accordance with the sanctions in place.[415]
455. Following publication of the Government's United
Kingdom Strategic Export Controls Annual Report 2012 the Committees
wrote to the Government asking a question about Iran. The question
and answer were as follows:
The Committees' question:
Please list each new set of EU sanctions on Iran
being referred to, and the specific licensing changes made by
the present Government, or its predecessor, following each new
set of sanctions.
A list of the amendments to EU sanctions on Iran
that were implemented in 2012 is given below. More details of
the specifics of these amendments can be found at http://eeas.europa.eu/cfsp/sanctions/docs/measures_en.pdf.
The relevant UK legislation is the Export Control (Iran Sanctions)
Order 2012 as referred to in the Annual Report (http://www.legislation.gov.uk/uksi/2012/1243/article/4/made)
[See United Kingdom Strategic Export Controls Annual Report
2012 HC (2013-14) 561, page 3]. Detailed information on how
export licensing applications are assessed is provided in Annex
A of the Annual Report [See United Kingdom Strategic Export
Controls Annual Report 2012 HC (2013-14) 561, page 38]. Our
international obligations under EU sanctions regimes are considered
as part of the assessment under Criterion 1 of the Consolidated
Criteria.
COUNCIL REGULATION (EU) No 267/2012 of 23 March
2012 amended by:
Council Implementing Regulation (EU) No 350/2012
of 23 April 2012
Council Regulation (EU) No 708/2012 of 2 August
2012
Council Implementing Regulation (EU) No 709/2012
of 2 August 2012
Council Implementing Regulation (EU) No 945/2012
of 15 October 2012
Council Implementing Regulation (EU) No 1016/2012
of 6 November 2012
Council Regulation (EU) No 1067/2012 of 14 November
2012
Council Regulation (EU) No 1263/2012 of 21 December
2012
Council Implementing Regulation (EU) No 1264/2012
of 21 December 2012
COUNCIL DECISION 2010/413/CFSP of 26 July 2010
amended by:
Council Decision 2012/35/CFSP of 23 January 2012
Council Decision 2012/152/CFSP of 15 March 2012
Council Decision 2012/169/CFSP of 23 March 2012
Council Decision 2012/205/CFSP of 23 April 2012
Council Decision 2012/457/CFSP of 2 August 2012
Council Decision 2012/635/CFSP of 15 October
2012
Council Decision 2012/687/CFSP of 6 November
2012.[416]
456. I propose that the Committees recommend that
the Government states in its Response the reasons it considers
its approved extant arms export licences to Iran for equipment
employing cryptography are currently compliant with the following
of the Government's Arms Export Licencing Criteria: One, Two,
Three, Four and Seven.
IRAQ
457. The Committees' previous scrutiny of arms exports
to Iraq can be found at paragraphs 407-409 in Volume II of the
Committees' previous Report (HC 205), and the Committees' Recommendation
at paragraph 104 of the Report.
458. The Committees' Recommendation on Iraq in their
2013 Report (HC 205) and the Government's Response (Cm8707)
were as follows:
The Committees' Recommendation:
The Committees recommend that the Government
in its Response to this Report states whether it is satisfied
that none of the 69 extant UK export licences to Iraq:
a) contravenes the Government's stated policy
that: "We will not issue licences where we judge there is
a clear risk that the proposed export might provoke or prolong
regional or internal conflicts, or which might be used to facilitate
internal repression"; or
b) is currently in contravention of any of
the arms exports Criteria set out in the UK's Consolidated Criteria
and the EU Common Position
including those extant licences to Iraq for:
assault rifles, small arms ammunition, body armour, components
for body armour, military helmets, components for ground vehicle
military communications equipment, components for military communications
equipment, equipment for the use of ground vehicle military communications
equipment, ground vehicle military communications equipment, military
communications equipment, cryptographic software equipment employing
cryptography, software for equipment employing cryptography, equipment
for the use of military communications equipment, equipment for
the use of weapon sights, technology for equipment for the use
of weapon sights, software for ground vehicle military communications
equipment, software for military communications equipment, software
for the use of military communications equipment, technology for
ground vehicle military communications equipment and, weapon night
sights.[417]
The Government's Response:
The Government is satisfied that none of the
currently extant licences for Iraq contravenes its policy as outlined
in paragraph 46 above [see the Government's Response to the Consolidated
Criteria and EU Common Position above]. However, as was shown
during the Arab Spring, circumstances can and do rapidly change,
leading to a reassessment of risk and, in some cases, a different
decision using the same criteria. In such cases the Government
would revoke the licence. The Government's answers to the Committees'
Quarterly Questions, which can be found at Volume 2, Annex 1 of
the Committees' Annual Report, provide more detail about individual
licences.
There is an embargo on arms and related materiel
against Iraq, which provides exemptions for equipment required
by the Iraqi Government. All extant licences for Iraq were approved
in accordance with the sanctions in place.[418]
459. I propose that the Committees recommend that
the Government states in its Response the reasons it considers
its approved extant arms export licences to Iraq for anti-riot/ballistic
shields, body armour, components for body armour, components for
military support vehicles, cryptographic software, equipment employing
cryptography, equipment for the use of ground vehicle communications
equipment, equipment for the use of military communications equipment,
equipment for the use of weapon night sights, equipment for the
use of weapon sights, software for equipment employing cryptography,
technology for equipment employing cryptography, technology for
anti-riot/ballistic shields, technology for body armour, technology
for equipment for the use of weapon sights, weapon night sights
and weapon sights are currently compliant with the following of
the Government's Arms Export Licencing Criteria: One, Two, Three,
Four, Six and Seven.
ISRAEL AND THE OCCUPIED PALESTINIAN
TERRITORIES
460. The Committees' previous scrutiny of arms exports
to Israel and the Occupied Palestinian Territories can be found
at paragraphs 410-416 in Volume II of the Committees' previous
Report (HC 205), and the Committees' Recommendation at paragraph
105 of the Report.
461. The Committees' Recommendation on Israel and
the Occupied Palestinian Territories in their 2013 Report (HC 205)
and the Government's Response (Cm8707) were as follows:
The Committees' Recommendation:
The Committees recommend that the Government
in its Response to this Report states whether it is satisfied
that none of the 381 extant UK export licences to Israel and the
Occupied Palestinian Territories:
a) contravenes the Government's stated policy
that: "We will not issue licences where we judge there is
a clear risk that the proposed export might provoke or prolong
regional or internal conflicts, or which might be used to facilitate
internal repression"; or
b) is currently in contravention of any of
the arms exports Criteria set out in the UK's Consolidated Criteria
and the EU Common Position
including those extant licences to Israel and
the Occupied Palestinian Territories for: all-wheel drive vehicles
with ballistic protection; body armour, components for body armour,
military helmets, components for pistols, components for body
armour, components for all-wheel drive vehicles with ballistic
protection, components for assault rifles, components for pistols,
components for equipment employing cryptography, components for
military communications equipment, cryptographic software, equipment
employing cryptography, software for equipment employing cryptography,
software for the use of equipment employing cryptography, general
military vehicle components, military support vehicles, small
arms ammunition, technology for equipment employing cryptography,
technology for the development of equipment employing cryptography,
technology for the use of equipment employing cryptography, weapon
sights, military communications equipment and components for small
arms ammunition.[419]
The Government's Response:
The Government is satisfied that none of the
currently extant licences for Israel and the Occupied Palestinian
Territories contravenes its policy as outlined in paragraph 46
above [see the Government's Response to the Consolidated Criteria
and EU Common Position above]. However, as was shown during the
Arab Spring, circumstances can and do rapidly change, leading
to a reassessment of risk and, in some cases, a different decision
using the same criteria. In such cases the Government would revoke
the licence. The Government's answers to the Committees' Quarterly
Questions, which can be found at Volume 2, Annex 1 of the Committees'
Annual Report, provide more detail about individual licences.[420]
462. On 30 July 2013 the Business Secretary, Vince
Cable, wrote to the Chairman of the Committees including within
his letter updating a number of issues, the announcement that
an Open General Export Licence (OGEL) licence had been issued
for the Joint Strike Fighter (JSF) project. The relevant part
of the Business Secretary's letter was as follows:
The Government has carefully considered the case
for an OGEL for JSF against the Consolidated Criteria in light
of the fact that Israel is a confirmed export customer. Israel
is expected to take delivery of its first aircraft in 2016 but
it is not expected to be operationally deployed before 2018. At
this time we do not believe there is a clear risk that the JSF
would be used for internal repression, would aggravate existing
internal tensions or conflict, or be used aggressively against
another state. As none of the relevant thresholds for refusal
have been reached, and given the huge potential benefits for UK
industry, I believe that an OGEL is the most appropriate licence.[421]
463. In the Westminster Hall debate on 21 November
2013 the issue of arms export licences for cryptographic equipment
to Israel; was raised by Sir John Stanley MP and Ian Murray MP
and in particular a single approved licence valuing the cryptographic
equipment at £7.7billion.. In reply, the BIS Minister. Michael
Fallon, said:
The licence was for "equipment employing
cryptography" and "software for equipment employing
cryptography" with a value of £7.7 billion.
The licence was granted in the first quarter
of 2013, and it permits the export of equipment and software for
building public mobile phone networks in residential areas and
for small businesses. Those items are subject to export control
because of their encryptioninformation securitycapability.
That capability, it must be said, is a standard feature of the
mobile phone network. The goods are for purely commercial end
use.
Again, we assessed the application against the
consolidated and the national criteria. A licence would not have
been issued where there was a clear risk that the proposed exports
might be used for internal repression or to provoke or prolong
internal conflict, or where they could be used aggressively against
another state.
I appreciate that the value of the licence appears
extremely high and may not represent a realistic goal on the part
of the exporter. The exporter has confirmed to us that the value
of the licence was based on an expectation of a large number of
orders over the two-year validity period of the licence. Given
the nature of the goods and the end use, that was not considered
to be a particular concern.[422]
464. On 24 April the Chairman of the Committees wrote
to the Foreign Secretary asking about information regarding the
OECD's investigation of supplies to the Israeli security services
from G4S. the text of the latter was as follows:
It was reported in The Independent on 7 January
that the Organisation for Economic Co-operation and Development
(OECD) will be investigating supplies to Israeli security services
from G4S.
Please could you tell me if the British Government
is co-operating with the OECD in its investigation. If so, please
could you state what information has been submitted by the Government
to the OECD in connection with its investigation.[423]
The Business Secretary replied on 14 May 2014 in
letter replying to a number of different requests for information.
The section of the Business Secretary's letter relating to Israel
was as follows:
I believe that the news report you refer to relates
to the complaints process under the OECD Guidelines for Multinational
Enterprises. As you may know, the Guideline are voluntary standards
for responsible business conduct in areas including human rights,
employment and the environment. Unfortunately, the news report
does not reflect the complaints process accurately. Each government
that adheres to the OECD Guidelines is required to maintain a
National Contact Point (NCP) to consider complaints under the
Guidelines. The UK NCP is maintained by the UK Government to meet
this requirement. It is not part of the OECD and has no wider
responsibilities for OECD functions. The UK NCP is staffed by
a small team of officials based in the Department for Business,
Innovation and Skills (BIS), and operates independently of BIS
Ministers in its consideration of complaints.
The UK NCP does not usually comment on a complaint
before it makes an Initial Assessment but all its Initial Assessments
are published at http://www.gov.uk/government/collections/uk-national-contact-point-statements.
The NCP generally expects to make an Initial Assessment within
3 months of receiving a complaint, although I understand that
a spike in its caseload at the end of last year has led to some
assessments taking a little longer. I would be happy to provide
a copy of the Initial Assessment to the Committees once it has
been published.[424]
465. I propose that the Committees recommend that
the Government states in its Response the reasons it considers
its approved extant arms export licences to Israel and the Occupied
Palestinian Territories for anti-riot/ballistic shields, body
armour, components for body armour, components for all-wheel drive
vehicles with ballistic protection, components for equipment employing
cryptography, components for military combat vehicles, components
for military communications equipment, components for military
support vehicles, components for small arms ammunition, components
for sniper rifles, cryptographic software, equipment employing
cryptography, general military vehicle components, military communications
equipment, small arms ammunition, software for equipment employing
cryptography, technology for equipment employing cryptography,
technology for military communications equipment, technology for
small arms ammunition, technology for the use of equipment employing
cryptography, water cannon and weapon sights are currently compliant
with the following of the Government's Arms Export Licencing Criteria:
One, Two, Three and Four.
466. I propose that the Committees further recommend
that the Government states in its Response whether the entirety
of the extant export licences to Israel for cryptographic equipment,
software and technology valued at £7.8billion are fully compliant
with arms export Criterion 2 (Respect for Human Rights) notwithstanding
the fact that when the Committees asked in respect of an export
licence application to Israel in Quarter 3 of 2013: "Why
was a SIEL [Standard Individual Export Licence] for equipment
employing cryptography refused?", the Government's answer
was: "We refused this SIEL under Criterion 2 because the
exporter did not provide sufficient information or assurances
over potential ultimate recipients and end-use. We therefore assessed
there was a clear risk that the export might be used for internal
repression."
467. I propose that the Committees also recommend
that the Government sends the Committees, when published, the
Initial Assessment made by the UK National Contact Point of the
complaint made under the OECD Guidelines for Multinational Enterprises
with regard to supplies to Israel security services from G4S.
LIBYA
468. The Committees' previous scrutiny of arms exports
to Libya can be found at paragraphs 417-422 in Volume II of the
Committees' previous Report (HC 205), and the Committees' Recommendation
at paragraph 106 of the Report.
469. The Committees' Recommendation on Libya in their
2013 Report (HC 205) and the Government's Response (Cm8707)
were as follows:
The Committees' Recommendation:
The Committees recommend that the Government
in its Response to this Report states whether it is satisfied
that none of the 49 extant UK export licences to Libya:
a) contravenes the Government's stated policy
that: "We will not issue licences where we judge there is
a clear risk that the proposed export might provoke or prolong
regional or internal conflicts, or which might be used to facilitate
internal repression"; or
b) is currently in contravention of any of
the arms exports Criteria set out in the UK's Consolidated Criteria
and the EU Common Position
including those extant licences to Libya for:
gun mountings, military helmets, all-wheel drive vehicles with
ballistic protection, anti-riot/ballistic shields, body armour,
components for body armour, equipment for the use of assault rifles,
equipment for the use of pistols, pistols, small arms ammunition,
assault rifles, components for assault rifles, components for
pistols, hand grenades, combat shotguns, components for all-wheel
drive vehicles with ballistic protection, cryptographic software,
equipment employing cryptographic software, software for equipment
employing cryptography, equipment employing cryptography, military
combat vehicles, military support vehicles, command communications
control and intelligence software, military communications equipment,
military software, software for military communications equipment.[425]
The Government's Response:
The Government is satisfied that none of the
currently extant licences for Libya contravenes its policy as
outlined in paragraph 46 above [see the Government's Response
to the Consolidated Criteria and EU Common Position above]. However,
as was shown in Libya itself during the Arab Spring, circumstances
can and do rapidly change, leading to a reassessment of risk and,
in some cases, a different decision using the same criteria. In
such cases the Government would revoke the licence. The Government's
answers to the Committees' Quarterly Questions, which can be found
at Volume 2, Annex 1 of the Committees' Annual Report, provide
more detail about individual licences.
There is a UN arms embargo against Libya. There
are exemptions to the embargo for supplies of non-lethal military
equipment intended solely for humanitarian or protective use,
protective clothing for use by United Nations personnel, representatives
of the media and humanitarian and development workers, arms and
related material intended solely for security or disarmament assistance
to the Libyan authorities and other sales or supply of arms and
related materiel. Procedures vary: some exports must be approved
in advance by the Sanctions Committee while others require notification
and the absence of a negative decision.
All extant licences for Libya were approved in
accordance with the sanctions in place.[426]
470. Following publication of the Government's United
Kingdom Strategic Export Controls Annual Report 2012 the Committees
wrote to the Government asking a question about Libya. The question
and answer were as follows:
The Committees' question:
In deciding whether or not to approve arms export
licence applications to Libya what account is the Government taking
of the Report of Experts to the UN on 9 March 2013 of what has
happened to the Gaddafi arms stockpiles, to which the UK was a
contributor? The Experts' Report stated: "The proliferation
of weapons from Libya has continued at a worrying rate and has
spread into new territory: West Africa, the Levant and, potentially,
even the Horn of Africa. Since the uprising and the resulting
collapse of the security apparatus, including the loss of national
control over weapons stockpiles and the absence of any border
controls, Libya has over the past two years become a significant
and attractive source of weaponry in the region. Illicit flows
from the country are fuelling existing conflicts in Africa and
the Levant and enriching the arsenals of a range of non-State
actors, including terrorist groups."
The Government takes into account reports from
a wide variety of sources including the UN when assessing export
licensing applications. Criterion 7 of the Consolidated Criteria
requires the Government to assess the risk of diversion and this
is something we take account of for Libya, as with all destinations
worldwide.[427]
471. I propose that the Committees recommend that
the Government states in its Response the reasons it considers
its approved extant arms export licences to Libya for anti-riot/ballistic
shields, assault rifles, body armour, combat shotguns, components
for all-wheel drive vehicles with ballistic protection, components
for assault rifles, components for body armour, components for
pistols, cryptographic software, equipment employing cryptography,
equipment for the use of assault rifles, equipment for the use
of pistols, hand grenades, military combat vehicles, military
support vehicles, pistols, small arms ammunition, smoke/pyrotechnic
ammunition, software for equipment employing cryptography and
technology for equipment employing cryptography are currently
compliant with the following of the Government's Arms Export Licencing
Criteria: One, Two, Three, Four, and Seven.
RUSSIA
472. On 18 March 2014 the Foreign Secretary announced
in the House of Commons that the Government was suspending arms
exports licences to Russia.[428]
The Export Control Organisation (ECO) subsequently issued a Notice
to Exporters announcing that it had suspended a number of licences
for incorporation in third countries of military and dual-use
goods exported from the UK before subsequently being exported
to Russia.[429]
473. On 24 April 2014 the Chairman of the Committees
wrote to the Foreign Secretary requesting details of the arms
export licences to Russia that had been suspended. The text of
the letter was as follows:
Russia - suspended licences
In the debate on Ukraine on 18 March, you said:
"We believe that in the current circumstances there is a
compelling case for EU member states to act on defence export
licences. The UK will now, with immediate effect, suspend all
extant licences and application processing for licences for direct
export to Russia for military and dual-use items destined for
units of the Russian armed forces or other state agencies which
could be or are being deployed against Ukraine. We will also suspend
licences for exports to third countries for incorporation into
equipment for export to Russia where there is a clear risk that
the end product will be used against Ukraine. All such licences
were reviewed following the Prime Minister's statement on 10 March,
and so we are able to act immediately. We encourage other European
nations to take similar action."
Please could you provide details of all licence
suspensions, and of any subsequent revocations or re-instatements,
to Russia made in the period 10 March 2014 to the present.
Please could you provide the information in the
same format as in Annex 1 of Cm 8079 (SIELS/OIELS/etc., End User
Country, Annual Report Summary, Rating, Reason for Revocation).
Please could you state the date of suspension and the date of
any subsequent revocation or re-instatement in each case.
Please could you also state which other NATO
and EU Members States have taken action similar to the British
Government with such details as you can provide of the specific
action taken by individual countries.[430]
The Business Secretary replied on 14 May 2014. The
relevant section of his letter was as follows:
Russia - suspended licences
Information regarding suspended licences for
Russia is provided in Annex 4. In each case the suspension was
made because the export would be in breach of the policy announced
in Parliament by the Foreign Secretary on 18 March, namely that
the items were for direct export to Russia and were destined for
units of the Russian armed forces or other state agencies which
could be or are being deployed against Ukraine, or were for export
to third countries for incorporation into equipment for export
to Russia where there is a clear risk that the end product will
be used against Ukraine. This suspension covers both military
and dual use rated exports. Fifteen SIELs were suspended for direct
exports and thirteen for indirect exports; in addition Russia
was removed as a permitted destination from 6 OIELs (Russia was
the only permitted destination for three of these licences and
therefore they were revoked). All the suspensions took place on
19 March. No licences have been subsequently revoked or reinstated
although one licence has now expired.
On 28 April the US government announced a package
of measures against Russia. As part of these measures the Departments
of State and Commerce will "deny pending applications for
licences to export or re-export any high technology [military
or dual-use] item
to Russia or occupied Crimea that contribute
to Russia's military capabilities". Further information
on these measures is available here http://www.bis.doc.gov/index.php/component/content/article/9-bis/carousel/666-commerce-department-anounces-expansion-of-export-restrictions-on-russia
and here: http://www.state.gov/r/pa/prs/ps/2014/04/225241.htm
I understand that Germany is currently
not granting new export licences for military goods, or for dual-use
items where the end-user is the armed forces or internal security
forces of Russia, and that extant licences are being reassessed.
Please note that Germany has no legal power to suspend licences
for military goods. I am not aware of specific announcements by
other EU Member States or NATO members, although privately many
have told us they are taking a "cautious" approach.[431]
Annex 4
Licences Suspended for Russia
1. Standard Individual Export Licences for direct
export
Application Type
| Goods Annual Report Summary | Goods Rating
| Total Goods Value (£) |
SIEL (Permanent) | components for combat aircraft, components for military guidance/navigation equipment, technology for the use of combat aircraft
| ML10, ML11, ML22 | 275,051.98
|
SIEL (Permanent) | general military vehicle components
| ML6 | 296,400.00 |
SIEL (Permanent) | goods treated for signature suppression for military use
| ML17 | 7,513,132.00 |
SIEL (Permanent) | general military vehicle components
| ML6 | 21,379.00 |
SIEL (Permanent) | general military vehicle components
| ML6 | 28,240.00 |
SIEL (Permanent) | general military vehicle components
| ML6 | 228,120.00 |
SIEL (Permanent) | components for combat naval vessels
| ML9 | 22,472.00 |
SIEL (Permanent) | equipment employing cryptography, software for equipment employing cryptography
| 5A002, 5D002 | 636,400.00 |
SIEL (Permanent) | components for military improvised explosive device decoying/detection/disposal/jamming equipment, components for munitions/ordnance detection/disposal equipment, military improvised explosive device decoying/detection/disposal/jamming equipment
| ML4, ML4 | 12,640.63 |
SIEL (Permanent) | goods treated for signature suppression for military use
| ML17 | 7,513,132.00 |
SIEL (Permanent) | focal plane arrays
| 6A002 | 11,040,000.00 |
SIEL (Permanent) | goods treated for signature suppression for military use
| ML17 | 7,513,132.00 |
SIEL (Permanent) | body armour
| ML13 | 7,500.00 |
SIEL (Permanent) | focal plane arrays
| 6A002 | 389,389.00 |
SIEL (Permanent) | focal plane arrays
| 6A002 | 96,000.00 |
2. Standard Individual Export Licences for incorporation in
third countries and onward supply to Russia
Application Type | End User Countries
| Goods Annual Report Summary | Goods Rating
| Total Goods Value |
SIEL (Permanent) | France |
components for military aircraft head-up/down displays
| ML10 | £216,050.44 |
SIEL (Permanent) | France |
components for military aero-engines | ML10
| £99,600.00 |
SIEL (Permanent) | Italy |
general military vehicle components | ML6
| £80,189.00 |
SIEL (Permanent) | France |
components for military aircrew protective equipment
| ML10 | £51,950.00 |
SIEL (Permanent) | Italy |
general military vehicle components | ML6
| £265,644.00 |
SIEL (Permanent) | France |
military guidance/navigation equipment | ML11
| £148,566.00 |
SIEL (Permanent) | France |
military aircraft head-up/down displays | ML10
| £330,620.96 |
SIEL (Permanent) | Italy |
general military vehicle components | ML6
| £4,743.60 |
SIEL (Permanent) | Italy |
general military vehicle components | ML6
| £230.00 |
SIEL (Permanent) | France |
components for military guidance/navigation equipment
| ML11 | £132,164.00 |
SIEL (Permanent) | France |
targeting equipment | ML5 | £20,000.00
|
SIEL (Permanent) | Italy |
military guidance/navigation equipment | ML11
| £22,315.67 |
SIEL (Permanent) | South Africa
| components for military helicopters | ML10
| £20,480.00 |
3. Open Individual Licences revoked or re-issued without Russia
Application Type | Action
| Goods Annual Report Summary | Goods Rating
|
OIEL (Military / Dual Use) |
Revoked
| technology for the production of unfinished products for military infrared/thermal imaging equipment
| ML22 |
OIEL (Military / Dual Use) | Re-issued
| imaging cameras | 6A003 |
OIEL (Military / Dual Use) | Re-issued
| components for military field engineer equipment, components for military support vehicles, components for munitions/ordnance detection/disposal equipment, military electronic equipment, military field engineer equipment, military support vehicles, munitions/ordnance detection/disposal equipment, technology for military electronic equipment, technology for military support vehicles, technology for munitions/ordnance detection/disposal equipment, technology for the use of military field engineer equipment
| ML11, ML17, ML22, ML4, ML6 |
OIEL (Military / Dual Use) | Revoked
| technology for the production of unfinished products for military infrared/thermal imaging equipment
| ML22 |
OIEL (Military / Dual Use) | Revoked
| technology for air-to-air missiles, technology for anti-armour missiles, technology for anti-ship missiles, technology for combat aircraft, technology for combat helicopters, technology for countermeasure equipment for military infrared/thermal imaging equipment, technology for fire control equipment, technology for general military aircraft components, technology for general military vehicle components, technology for guided missile decoying equipment, technology for laser rangefinders, technology for laser warning detectors, technology for military combat vehicles, technology for military infrared/thermal imaging equipment, technology for optical target acquisition equipment, technology for optical target surveillance equipment, technology for periscopes, technology for tanks, technology for turrets, technology for weapon night sights, technology for weapon sights
| ML22 |
OIEL (Military / Dual Use) | Re-issued
| components for submersible equipment, components for submersible vehicles, heading sensors for hydrophone arrays, high energy capacitors, metal alloy cylindrical forms, metal alloy tubes, submersible equipment
| 1C202, 1A201, 6A001, 8A002 |
474. I propose that the Committees recommend that the Government
states in its Response the reasons it considers its approved and
still extant arms export licences to Russia valued at £132
million, including for body armour, components for assault rifles,
components for body armour, components for small arms ammunition,
components for sniper rifles, equipment employing cryptography,
equipment for the use of military communications equipment, equipment
for the use of sniper rifles, gun mountings, small arms ammunition,
sniper rifles, software for equipment employing cryptography,
weapon night sights and weapon sights are currently compliant
with the following of the Government's Arms Export Licencing Criteria:
One, Two, Three, and Four.
SAUDI ARABIA
475. The Committees' previous scrutiny of arms exports to Saudi
Arabia can be found at paragraphs 423-430 in Volume II of the
Committees' previous Report (HC 205), and the Committees' Conclusion
and Recommendation at paragraph 107 of the Report.
476. The Committees' Conclusion and Recommendation
on Saudi Arabia in their 2013 Report (HC 205) and the Government's
Response (Cm8707) were as follows:
The Committees' Conclusion and Recommendation:
The Committees have noted the Government's answer
that it applies the same stated policy on arms exports and internal
repression to Saudi Arabia as it does to the other states in the
region and to states worldwide. However, the Committees conclude
that that does not appear to have been so in the case of the deployment
of Saudi forces in British armoured vehicles to Bahrain to protect
installations, thereby enabling Bahraini security forces to end,
sometimes violently, predominantly peaceful demonstrations. The
Committees recommend that the Government in its Response to this
Report states whether it is satisfied that none of the 417 extant
UK export licences to Saudi Arabia:
a) contravenes the Government's stated policy
that: "We will not issue licences where we judge there is
a clear risk that the proposed export might provoke or prolong
regional or internal conflicts, or which might be used to facilitate
internal repression"; or
b) is currently in contravention of any of
the arms exports Criteria set out in the UK's Consolidated Criteria
and the EU Common Position
including those extant licences to Saudi Arabia
for: body armour, anti riot/ballistic shields, components for
body armour, military helmets, components for all-wheel vehicles
with ballistic protection, general military vehicle components,
components for ground vehicle military communications equipment,
ground vehicle military communications equipment, components for
machine guns, components for military combat vehicles, components
for military support vehicles, components for military communications
equipment, crowd control ammunition, hand grenades, smoke/pyrotechnic
ammunition, tear gas/irritant ammunition, training crowd control
ammunition, cryptographic software, equipment employing cryptography,
military communications equipment, technology for military communications
equipment, CS hand grenades, tear gas/irritant ammunition, training
tear gas/irritant ammunition, software for equipment employing
cryptography, software for the use of equipment employing cryptography,
gun silencers, military communications equipment, small arms ammunition,
software for ground vehicle military communications equipment,
technology for ground vehicle military communications equipment,
command communications control and intelligence software, components
for machine guns, machine guns, equipment for the use of machine
guns, weapon night sights, weapon sight mounts, weapon sights,
equipment for the use of weapon night sights, military combat
vehicles and military support vehicles.[432]
The Government's Response:
The Government questions the Committees' conclusion
about its policy towards Saudi Arabia. As Parliamentary Under-Secretary
of State for Foreign Affairs, Alistair Burt made clear before
the Foreign Affairs Committee on 18 June 2013, "there is
no connection between the work done by the Saudi authorities to
protect certain places in Bahrain and the behaviour of Bahraini
security forces subsequently. That the Bahraini forces were able
to go off and do their job is clear, but they could have handled
it in a completely different manner. They could have handled it
in the manner demanded by the international community." As
stated in the Foreign Secretary's letter of 6 December 2012, the
Government applies the same stated policy on arms exports and
internal repression to Saudi Arabia as it does to the other states
in the region and to states worldwide.
The Government is satisfied that none of the
currently extant licences for Saudi Arabia contravenes its policy
as outlined in paragraph 46 above [see the Government's Response
to the Consolidated Criteria and EU Common Position above]. However,
as was shown during the Arab Spring, circumstances can and do
rapidly change, leading to a reassessment of risk and, in some
cases, a different decision using the same criteria. In such cases
the Government would revoke the licence. The Government's answers
to the Committees' Quarterly Questions, which can be found at
Volume 2, Annex 1 of the Committees' Annual Report, provide more
detail about individual licences.[433]
477. The Foreign Affairs Committee (FAC) in their
2013-14 Report entitled The UK's relations with Saudi Arabia
and Bahrain (HC 88) referred to arms export to Saudi Arabia.
The FAC noted that several submissions to the inquiry highlighted
a perceived contradiction between the UK Government designating
Saudi Arabia as a "Country of concern" in its Human
Rights report while at the same time promoting it as a priority
market for arms exports. [434]The
Report stated that witnesses had highlighted fears about equipment
being used both in internal repression and in external action,
such as the intervention in Bahrain and Saudi Arabia's alleged
bombing of Yemen in 2009. The FAC concluded that: "The government
must adhere strictly to its existing policy to ensure that defence
equipment sold by UK firms are not used for human rights abuses
or internal repression."[435]
The Government's response to the FAC's conclusion was as follows:
[
] The export of arms and controlled goods
to all destinations, including Saudi Arabia, is assessed on a
case-by-case basis against the Consolidated EU and National Arms
Export Licensing Criteria.
The Criteria include the requirement that exports
of all UK controlled goods are only permitted if, after a thorough
assessment, there is no clear risk that they might be used for
internal repression. Any evidence of the misuse of similar UK
or non-UK supplied goods in the end user destination is factored
into this assessment. There are rigorous pre-licence checks and,
for open licences, compliance audits at the exporters' premises
in the UK. We will continue to scrutinise carefully all arms sales
to Saudi Arabia.[436]
478. I propose that the Committees recommend that
the Government states in its Response the reasons it considers
its approved extant arms export licences to Saudi Arabia for anti-riot/ballistic
shields, body armour, command communications control and intelligence
software, components for all-wheel drive vehicles with ballistic
protection, components for body armour, components for ground
vehicle communications equipment, components for machine guns,
components for military combat vehicles, components for military
communications equipment, components for sniper rifles, components
for weapon sight mounts, crowd control ammunition, cryptographic
software, CS hand grenades, equipment employing cryptography,
equipment for the production of machine guns, equipment for the
use of weapon night sights, equipment for the use of weapon sights,
ground vehicle communications equipment, gun mountings, gun silencers,
hand grenades, military communications equipment, radio jamming
equipment, small arms ammunition, smoke/pyrotechnic ammunition,
sniper rifles, software for equipment employing cryptography,
software for ground vehicle military communications equipment,
software for radio jamming equipment, software for the use of
equipment employing cryptography, tear gas/irritant ammunition,
technology for ground vehicle military communications equipment,
wall/door breaching projectiles/ammunition, weapon night sights,
weapon sight mounts and weapon sights are currently compliant
with the following of the Government's Arms Export Licencing Criterion:
Two.
SRI LANKA
479. Arms exports to Sri Lanka for counter-piracy
are at paragraph 375 above.
480. The Committees' previous scrutiny of arms exports
to Sri Lanka can be found at paragraphs 493-500 in Volume II of
the Committees' previous Report (HC 205), and the Committees'
Recommendations at paragraphs 120 and 121 of the Report.
481. The Committees' Recommendations on Sri Lanka
in their 2013 Report (HC 205) and the Government's Response
(Cm8707) were as follows:
The Committees' Recommendation:
The Committees recommend that the Government
states in its Response how the statement made by the FCO Minister
Alistair Burt on 20 February 2013 that during the period 1 July-30
September 2012 only 2 arms export licences were approved to the
Sri Lankan military can be reconciled with the information put
on the BIS website for licences approved to Sri Lanka in this
period as reproduced in paragraph 496 of the Memorandum from the
Chairman of the Committees in Volume II.[437]
The Government's Response:
As the Committees will be aware the Government
does not publish the details of specific end users in its Quarterly
Reports. Mr Burt correctly stated that only 2 arms export licences
were approved to the Sri Lankan military during the period in
question. Other licences for military list equipment were issued
during that period but these were for the export of goods and
equipment to Private Security Companies (PSCs) involved in counter-piracy
work.[438]
The Committees' Recommendation:
The Committees further recommend that the Government
in its Response to this Report states whether it is satisfied
that none of the 49 extant UK export licences to Sri Lanka:
a) contravenes the Government's stated policy
that: "We will not issue licences where we judge there is
a clear risk that the proposed export might provoke or prolong
regional or internal conflicts, or which might be used to facilitate
internal repression"; or
b) is currently in contravention of any of
the arms exports Criteria set out in the UK's Consolidated Criteria
and the EU Common Position
including those extant licences to Sri Lanka
for: acoustic devices for riot control, body armour, military
helmets, all-wheel drive vehicles with ballistic protection, military
support vehicles, assault rifles, components for assault rifles,
components for body armour, components for rifles, rifles, small
arms ammunition, weapon sights, combat shotguns and equipment
employing cryptography.[439]
The Government's Response:
The Government is satisfied that none of the
currently extant licences for Sri Lanka contravenes its policy
as outlined in paragraph 46 above [see the Government's Response
to the Consolidated Criteria and EU Common Position above]. However,
as was shown during the Arab Spring, circumstances can and do
rapidly change, leading to a reassessment of risk and, in some
cases, a different decision using the same criteria. In such cases
the Government would revoke the licence. The Government's answers
to the Committees' Quarterly Questions, which can be found at
Volume 2, Annex 1 of the Committees' Annual Report, provide more
detail about individual licences.[440]
482. In the Westminster Hall debate on 21 November
2013 Ian Murray MP questioned the Prime Minister's recent trade
mission to Sri Lanka and said that "the perception may be
that arms sales are at the top of agenda." He added: "It
may only be a perception, but the Government should work hard
to ensure that that perception is not carried through in practice."[441]
In responding to the debate the Business Minister, Michael Fallon,
replied:
[
] during the recent Commonwealth Heads
of Government meeting, he [the Prime Minister]was the first foreign
leader since independence in 1948 to give the local population
the chance to be heard by an international audience. He shone
a light on some of the human rights concerns in the aftermath
of the recent prolonged civil conflict and demonstrated our commitment
to reconciliation and accountability in Sri Lanka.
Again, we assesses all export licence applications
to Sri Lanka case by case, in accordance with the consolidated
and the national criteria. Decisions on Sri Lanka, of course,
take into account alleged violations of international humanitarian
and human rights law during the military conflict that ended in
2009, as well as the nature of the equipmentin other words,
would it be used in a manner inconsistent with the criteria?[442]
483.
Following the Government's Quarterly report on arms exports from
July to September 2013, The Committees put its question to the
Government on exports to Sri Lanka as follows:
Given the large number of arms previously approved
for maritime security companies why were SIEL licences approved
for 1760 assault rifles, 450 combat shotguns, components for assault
rifles, components for pistols, components for rifles, components
for sniper rifles, 80 pistols, 360 rifles, small arms ammunition,
200 sniper rifles and weapon sights to private maritime securities
company for anti-piracy purposes? What assurances have been received
that these goods will not be diverted?
The Government response was:
The equipment in these SIELs was intended for
anti-piracy purposes in maritime security by civilian/commercial
end users. The Government has not sought any assurances about
the equipment not being used for internal repression as we have
seen no evidence that private security companies have been diverting
equipment intended for their end use to government agencies or
any other entities in Sri Lanka. Nor has there been any evidence
of UK supplied equipment being used for internal repression.
However, as stated at the Business Secretary's
Oral Evidence Session with the CAEC on 18 December, HMG is reviewing
the SIELs issued for private security companies.
To qualify for a licence, Private Security Companies
must meet strict conditions. They must keep detailed records,
provide training for staff and have clear lines of accountability.
Their UK based offices are subject to regular inspection visits
by BIS. They must be signed up to the International Code of Conduct
for Private Security Service Providers. The equipment must remain
under the companies' control at all times and it must be stored
securely when not in use.
484. I propose that the Committees recommend that
the Government states in its Response the reasons it considers
its approved extant arms export licences to Sri Lanka for assault
rifles, body armour, combat shotguns, components for assault rifles,
components for body armour, components for combat shotguns, components
for pistols, components for sniper rifles, components for rifles,
equipment employing cryptography, pistols, rifles, small arms
ammunition, sniper rifles, software for equipment employing cryptography,
sporting guns and weapons sights are currently compliant with
the following of the Government's Arms Export Licencing Criteria:
One and Two.
SYRIA
Conventional arms exports and
gifted equipment
485. In May 2011 the EU imposed sanctions on Syria.
The sanctions included an embargo on the supply of arms, military
equipment and equipment that might be used for internal repression.
In January and June 2012 further EC Council decisions specified
in more detail the items and services banned under the arms embargo.
In November 2012 the EU decided to extend restrictive measures
until 1 March 2013; these measures were extended for a further
three months in February 2013, but eased restrictions on the provision
of non-lethal support and technical assistance for the protection
of civilians. In April 2013 the EU decided to allow the supply
of certain equipment to Syrian opposition forces, such as "non-lethal
equipment to the Syrian national Coalition for Opposition and
Revolutionary forces when intended for the protection of civilians.[443]
486. A further extension of the EU arms embargo on
Syria was prevented by Britain and France. On 28 May 2013the FCO
issued a press notice announcing that the EU arms embargo to Syria
would not be renewed. The Foreign Secretary stated: "It was
important for Europe to send a clear signal to the Assad regime
that it has to negotiate seriously, and that all options remain
on the table if it refuses to do so. Tonight EU nations have done
just that."[444]
487. On 3 June 2013 the Prime Minister made a Statement
to the House of Commons in which he stated:
unless we do more to support the official opposition,
the humanitarian crisis will continue, the political transition
that we want to see will not happen, and the extremists will continue
to flourish. That is why I believe it is right to lift the EU
arms embargo on the Syrian opposition. There must be a clear sense
that Assad cannot fight his way to victory or use the talks to
buy more time to slaughter Syrians in their own homes and on their
streets.
I regret to say that the EU arms embargo served
the extremists on both sides. It did not stop Assad massacring
his people, it did not stop the Russians sending him arms, and
it did not stop Islamist extremists getting their hands on weapons
either. It just sent a signal that for all its words, the EU had
no real ability to support the reasonable opposition that could
be the basis of an inclusive transition. That is why the Foreign
Secretary and the French Foreign Minister secured agreement to
lift the arms embargo in Brussels last week.
The Prime Minister continued:
The EU has agreed a common framework for those
who, in the future, may decide to supply it [the Syrian opposition]with
military equipment, and there are clear safeguards to ensure that
any such equipment would be supplied only for the protection of
civilians, and in accordance with international law. That does
not mean that we in the UK have made any decision to send arms,
but we now have the flexibility to respond if the situation continues
to deteriorate.[445]
488. On 19 June 2013 the Chairman of the Committees
wrote to the Prime Minister requesting the full text of the EU
agreed "common framework for those who, in future, may decide
to supply it [the Syrian National Coalition] with military equipment
and the full details of the "clear safeguards to ensure that
any such equipment would be supplied only for the protection of
civilians, and in accordance with international law" both
of which were referred to in the Prime Minister's Statement on
3 June 2013.[446] The
Foreign Secretary replied on 11 July 2013 as follows:
Thank you for your letter of 19 June to the Prime
Minister about his statement to the House on 3 June on Syria.
With regards to your request for the fullest
available text on the agreed EU common framework, I enclose a
copy of the EU Council declaration agreed by the Foreign Affairs
Council on 27 May, which may also be found at the following link
at www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/137315.pdf
You also ask for details on the issue of safeguards
referred to by the Prime Minister in his statement. Our priority
remains advancing a political transition that ends the conflict
in Syria, allows refugees to return to their homes, and prevents
further radicalisation in the country. We will do all we can to
ensure that the forthcoming US-Russia Geneva conference delivers
that outcome.
I want to be clear that the UK has not yet made
a final decision to provide lethal equipment to the National Coalition,
but we now have the flexibility to respond in the future if the
situation continues to deteriorate and if the Assad regime refuses
to negotiate. We have said we would only provide lethal equipment
in carefully controlled circumstances, and in accordance with
our obligations under national and international law.
When the Foreign Affairs Council agreed to end
the EU arms embargo and return decisions on arms provision to
member states on 27 May, Ministers also agreed a framework of
safeguards to guide those member states which might decide to
provide arms: arms could only be sent to the National Coalition;
they should be intended for the protection of civilians; there
should be safeguards to ensure delivery to the right hands; and
existing obligations under the EU Common Position for arms exports
(CP944) remained in place.
I have explained to Parliament that with every
week that passes we are coming closer to the collapse of Syria
and a regional catastrophe which will affect the security of the
UK. We will therefore continue to increase our efforts to press
for an end to the conflict, provide life-saving assistance and
work to ensure that Syria achieves the political transition its
people deserve. There are no simple solutions to the crisis, but
we must help the Syrian people find a way to end the bloodshed
and begin to build a new future.[447]
489. The Committees' previous scrutiny of arms exports
to Syria can be found at paragraphs 431-448 in Volume II of the
Committees' previous Report (HC 205), and the Committees' Recommendation
at paragraphs 108 to 110 of the Report
490. The Committees' Recommendations on Syria in
their 2013 Report (HC 205) and the Government's Response
(Cm8707) were as follows:
The Committees' Recommendation:
The Committees recommend that when the Government
in its quarterly reports on the BIS website publishes export licence
approvals of dual-use items that are frequently associated with
military use, such as hydrophone arrays, hydrophones and towed-hydrophone
arrays, it should make clear whether or not these are for civil
use only, in order to avoid misleading the public.[448]
The Government's Response:
The Government notes the Committees' recommendation.
However "dual-use" items are by definition items which
"can be used for both civil and military purposes" and
in practice the vast majority of export licences granted for dual-use
items are for civil end-use. It would be impractical for the Government
to produce footnotes for each individual licence in its Quarterly
Reports but it does so for those licences which may be of public
interest. In this case we do not agree that the reference to "hydrophone
arrays" was likely to mislead the public. The Quarterly Report
also contains details of the sanctions in place for specific destinations.[449]
The Committees' Recommendation:
The Committees recommend that the Government
in its Response to this Report states whether it is satisfied
that neither of the 3 extant UK export licences to Syria or any
goods on the Strategic Exports Control lists gifted, or planned
to be gifted, to those in Syria:
a) contravenes the Government's stated policy
that: "We will not issue licences where we judge there is
a clear risk that the proposed export might provoke or prolong
regional or internal conflicts, or which might be used to facilitate
internal repression"; or
b) is currently in contravention of any of
the arms exports Criteria set out in the UK's Consolidated Criteria
and the EU Common Position
including the extant licences to Syria for components
for all-wheel drive vehicles with ballistic protection.[450]
The Government's Response:
The Government is satisfied that none of the
currently extant licences for Syria contravenes its policy as
outlined in paragraph 46 above [see the Government's Response
to the Consolidated Criteria and EU Common Position above]. However,
as was shown during the Arab Spring, circumstances can and do
rapidly change, leading to a reassessment of risk and, in some
cases, a different decision using the same criteria. In such cases
the Government would revoke the licence. The Government's answers
to the Committees' Quarterly Questions, which can be found at
Volume 2, Annex 1 of the Committees' Annual Report, provide more
detail about individual licences.
In May 2011 the EU adopted restrictions against
Syria on the supply of arms and related materiel under Council
Decision. There have been a number of revisions to these restrictive
measures in 2012 and 2013. All extant licences for Syria were
approved in accordance with the sanctions in place. [
]
As stated in the Government's Annual Report on
Strategic Export Controls published on 12 July, "As a matter
of policy, all proposals to gift controlled military equipment
are assessed against the Consolidated EU and National Arms Export
Licensing Criteria by relevant Government departments in the same
way as commercial applications and to the same degree of rigour."
Therefore the Government is satisfied that no gifting package
contravenes its policy as outlined in paragraph 46 above [see
the Government's Response to the Consolidated Criteria and EU
Common Position above].[451]
The Committees' Recommendation:
The Committee further recommend that in its Response
the Government states:
a) whether, since the BIS Secretary of State's
letter of 10 May 2013, any UK Strategic Export Control licences
for goods to Syria have been approved stating the application
type, Annual Report summary and goods value in the case of each
licence;
b) whether, since the Written Ministerial
Statement made by the Foreign Secretary on 15 April and his Oral
Statement on 20 May, any additional non-lethal equipment, or any
goods subject to UK Strategic Export Controls have been gifted
to Syria, and, if so, to state the nature of the equipment and
goods, and their value; and
c) the Government's present policy
on the supply, whether by sale or gift, and whether directly or
indirectly, of goods on the Strategic Exports Control lists to
Syria.[452]
The Government's Response:
a)
Application Type
| Goods
| Total Goods Value (£)
|
SITCL
| All-wheel drive vehicles with ballistic protection for use by UN personnel
| 117,783
|
SITCL
| All-wheel drive vehicles with ballistic protection for use by UN personnel
| 919,432
|
OITCL
| All-wheel drive vehicles with ballistic protection for use by diplomatic personnel
| Unable to give a value for open licences
|
b) On 15th July 2013, the Foreign Secretary
laid a minute before Parliament detailing plans to provide the
Syrian opposition with equipment to help protect against chemical
weapons attack. The Foreign Secretary made a written statement
on the gift on 16th July 2013 and also wrote to the chairs of
the Public Accounts Committee, the Committee on Arms Export Controls,
the Defence Committee and the Foreign Affairs Committee to alert
them to the minute. The gift comprises 5,000 commercially available
escape hoods, medical pre-treatment tablets (sufficient to treat
up to 5,000 people for 6 months) and chemical weapons detector
paper. The approximate total cost of the equipment in the gift
is £656,800, which will be met by the Government's Conflict
Pool Fund.
c) Robust and effective measures that control
the export of military and dual-use equipment (as defined in the
UK 'Consolidated Control List') to Syria and all other destinations
remain in place. Licensable goods for export to Syria continue
to be assessed against the Consolidated Criteria. These measures
have not changed as a result of ending the EU Arms Embargo on
27 May [2013] at the EU Foreign Affairs Council.
Specifically, the Foreign Secretary agreed with
his counterparts on 27 May that with all arms and internal repression
items the following conditions would apply:
· The
sale, supply, transfer or export of military equipment or of equipment
which might be used for internal repression will be for the Syrian
National Coalition and intended for the protection of civilians;
· Member
States shall require adequate safeguards against misuse of authorisations
granted, in particular relevant information concerning the end-user
and final destination of the delivery; and
· Member
States shall assess the export licence applications on a case-by-case
basis, taking full account of the criteria set out in Council
Common Position 2008/944.CFSP of 8 December 2008 (i.e. broadly
the Consolidated Criteria) defining common rules governing control
of exports of military technology and equipment.
To fully meet the commitments made at the Foreign
Affairs Council on 27 May the Department for Business, Innovation
and Skills has laid before Parliament legislation to ensure that
equipment that could be used for internal repression (as defined
in Annex II of EU Document 17464/09) will continue to be treated
as licensable goods. This legislation is in addition to existing
robust and effective measures that control the export of military
and dual-use equipment to Syria and all other destinations.[453]
491. UK Working Group, in its written submission,
said that it was concerned at the UK Government's role in the
loosening of the embargo, and had concluded that the actual supply
of arms to any of the warring parties would be very hard to justify
under existing UK and EU legislation.[454]
492. Since May 2013 the Government has laid Department
Minutes for the gifting of equipment to Syria as follows:
· 15
July 2013 - Syria
· 18
November 2013 - Syria
· 23 January
2014 - Syria
· 6 February
2014 - Syria
· 1 May
2014 - Syria
· 9 June
2014 - Syria
Details of each Departmental Minute can be found
in Annex 16.
493. In the Westminster Hall debate on 21 November
213 Ann McKechin MP said that she was "not convinced that,
given the fragmented, chaotic and fast-changing situation in Syria,
any arms exports could safely meet the criteria on end use. There
is a real risk of weapons falling into the hands of the Syrian
Government or extremist opposition groups."[455]
Nia Griffith MP added later in the debate that many of her constituents
were concerned about the possibility of the UK Government supplying
arms to the Syrian opposition. She said that people in the UK
did not want to see arms going to rebel forces when it was not
known who they were or which groups they consist of. She called
for the re-instatement of a full arms embargo to Syria, similar
to that which existed prior to the EU decision in May 2013 to
allow the supply of arms to the Syrian opposition.[456]
494. When the UK Working Group (UKWG) was asked by
the Committees in the Oral Evidence session on 4 November 2013
about the lifting of the EU arms embargo of equipment to the Syrian
opposition Martin Butcher (Oxfam) said:
While the process was ongoing for the lifting
of the embargo, we were quite disappointed that the Government,
at the same time as they were working hard to agree the Arms Trade
Treaty and establish that global norm, were pushing to have the
embargo on Syria lifted. [
] even after the embargo was lifted,
the conclusion that we came to after going through the consolidated
criteria point by point is that it is extremely hard to see how
all of the hurdles set out in those criteria could be overcome
to supply arms to any party in the conflict. There is the obvious
risk of the diversion of arms. Even the groups that recognise
the authority of General Idris and his supreme command work on
the ground closely with a wide spread of other groups that do
notand on occasion even groups that are part of al-Qaeda.
There are clear human rights concerns across a spread of opposition
groups, although the Government are preponderant as a problem
in that area.[457]
495. On 11 December 2013 the US and UK Governments
announced that they had suspended the supply of all non-lethal
aid to the Syrian opposition after Islamist fighters had seized
control of the headquarters and stores belonging to western-backed
opposition forces.[458]
The FCO Minister Hugh Robertson was quoted as saying: "It
does make sense to suspend aid until we know exactly what's happening."[459]
496. Prior to the Oral Evidence session with the
Foreign Secretary on 8 January 2014 the Foreign Secretary wrote
to the Chairman of the Committees. The relevant text relating
to Syria was as follows:
The EU arms embargo to Syria was lifted as a
powerful political signal that there could be no equivalence between
the legitimate moderate Opposition and the Assad regime. The UK
does not supply lethal weapons to any party in Syria.[460]
497. When the Committees questioned the Foreign Secretary
about this on 8 January 2014 he stated:
So far, none of the political signals from the
rest of the world to the Assad regime has been successful in bringing
an end to this horror. That does not mean that it is wrong to
try them. We have passed presidential statements at the UN Security
Council, because we have not been able to pass resolutions there.
Many countries in the world have said many things about the Assad
regime and its loss of legitimacy. We also took this action on
the EU arms embargo. None of those things has yet succeeded in
changing the behaviour of the Assad regime, but it does not mean
that it is wrong to try them.[461]
When asked about the current UK position regarding
the supply of arms to Syrian opposition groups the Foreign Secretary
said: "Under our current policy there is no question of arming."
He went on to confirm that lethal support has not been provided
in the past and that the current policy is that it will not be
provided at present, however the UK Government had provided non-lethal
support to Syrian opposition groups. The foreign Secretary said:
[
] we have given some non-lethal equipment;
for instance, in August last year we gave them escape hoods, in
order to escape chemical attack, detector paper for chemical attack
and nerve agent pre-treatment tablets. Typically, we have given
them equipment that might save livesthat they could use
to save livesbut that is not lethal to anybody else. The
latest equipment we were proposing to send to them included commercially
available medical and communications equipment.[462]
498. The Foreign Secretary was asked whether the
supply of even non-lethal equipment to the Syrian opposition was
inconsistent with the Consolidated Criteria in that it could "provoke
or prolong regional or internal conflicts". He replied:
No, for several reasons. Unless there is a moderate
opposition able to function in Syriaone that is committed
to a democratic non-sectarian future for Syriathe conflict
there will be even longer than it might otherwise be. It will
become even harder to bring about a political solution. If Syria
faces a choice only between Assad and extremists, there will not
be a political solution. By helping a moderate opposition, we
are trying to keep alive the possibility of a political solution,
and we are also only sending equipment that helps to save lives.
We are not sending equipment that is being used to prolong a conflict;
we are sending equipment that is being used, hopefully, to try
to create the circumstances in which conflict can be brought to
an end.[463]
499. On 1 May 2014 the Foreign Secretary made a Written
Ministerial Statement (WMS) relating to the gifting of non-lethal
equipment to Syrian opposition forces. The WMS was as follows:
On 18 November 2013 I laid a departmental minute
before the House of Commons on the gifting of non-lethal equipment
to the supreme military council of the Free Syrian Army, which
is closely aligned to the Syrian National Coalition. The gift
consists of commercially available communications equipment, such
as laptops with satellite internet connection, mobile telephones
and push-to-talk radios; commercially available vehicles, such
as pick-up trucks; fuel; portable generators less than 3 MW in
power; logistics supplies such as clothing, rations and tents;
and individual medical kits. The total cost of the gift is £1
million, which will be met by the Government's conflict pool fund.
Use of these funds has been approved by me and the Secretaries
of State for Defence and for International Development. During
the period of 14 parliamentary sitting days beginning on the date
on which the minute was laid before the House of Commons, no Member
signified an objection, either by giving notice of a parliamentary
question or of a motion in relation to the minute, or by otherwise
raising the matter in the House.
Following fighting at Bab al-Hawa on 7 December
2013, UK Government plans to deliver equipment to the supreme
military council in Syria were temporarily put on hold. I am now
lifting the hold on those plans to deliver equipment to the supreme
military council of the Free Syrian Army in Syria. Both the UK
Government and the supreme military council are confident that
the equipment can be delivered safely. This resumption of delivery
clearly demonstrates our continued and long-standing support for
the National Coalition and the supreme military council of the
Free Syrian Army, who represent the majority of Syrians who support
a political settlement and a democratic, pluralist future for
their country. I wrote to the Foreign Affairs Committee on 28
March confirming my intention to resume the delivery of non-lethal
equipment to the supreme military council of the Free Syrian Army
in Syria. They have raised no objections and deliveries of non-lethal
equipment will begin as soon as is practical.
The UK is committed to doing all that it can
to alleviate the humanitarian suffering and to promote a political
settlement to end the conflict. Our support to the National Coalition
and the supreme military council, with their vision for a democratic
and pluralistic future for Syria, contributes to these goals.
This is the UK's second gift to the supreme military council.
In August 2013 we sent them equipment to protect them from chemical
weapons attack. This gift has been scrutinised to ensure that
the provision of this equipment is consistent with export controls
and complies with our international obligations. Recipients have
been carefully selected to prevent equipment from being given
to those involved in extremist activities or human rights violations.[464]
500. I propose that the Committees conclude that
the decision of the UK Government, together with the French Government,
to end the EU arms embargo on Syria in May 2013 has thus far had
no discernible impact on President Assad or on contributing to
a peace settlement in Syria.
501. I propose that the Committees recommend that
the Government lists in its Response the items of equipment, which
would be categorized as controlled goods if exported commercially,
that have been gifted to Syria during the present Parliament stating
in each case:
a) the quantity;
b) the recipient to whom it was gifted; and
c) whether the Government has any information
as to whether the item has been on-sold or transferred to a third
party, and, if so, the name of the third party.
502. I propose that the Committees recommend that
the Government states in its Response the reasons it considers
its approved extant arms export licences to Syria for body armour,
components for all-wheel drive vehicles with ballistic protection
and components for body armour are currently compliant with the
following of the Government's Arms Export Licencing Criteria:
One, Two, Three and Four.
Dual-use chemical exports
503. The United Nations chemical weapons inspectors
confirmed that on 21 August 2013 the nerve agent sarin had been
used in an attack on the Ghouta agricultural belt around Damascus.
UN Secretary General Ban Ki-moon told the UN Security Council
that he believed the attack constituted a war crime. The UN report,
he said, detailed the "most significant confirmed use of
chemical weapons against civilians since Saddam Hussein used them"
in Halabja in 1988.[465]
504. A complete account of the Committees' scrutiny
of Government approved dual-use chemical exports to Syria was
set out in the Chairman's letter to the Business Secretary of
9 September 2013. The Chairman's letter of 9 September 2013 was
as follows:
Since the start of the civil war in Syria, the
Committees on Arms Export Controls have been scrutinising in detail
the Government's approval of export licences for both military
and dual-use goods to that country.
With statements from both the British and the
US Governments that sarin has been used in chemical attacks in
Syria, I am returning to the Government's approval in January
2012 of export licences to Syria for potassium fluoride and sodium
fluoride both of which are stated to be precursor chemicals in
the manufacture of nerve gas.
I am setting out in full the exchanges between
the Committees on Arms Export Controls (CAEC) and Ministers on
this key issue to date.
In March 2012, I tabled a Written Parliamentary
Question to yourself asking "Which UK strategic export control
licences to Syria are currently extant; and what the nature and
quantity of the licensed goods or services are under each licence".
Your Minister Mark Prisk answered on March 27 that there were
9 such licences of which 7 were Standard Individual Licences and
2 were Open Individual Licences. Of the 7 Standard Individual
Licences 2 were for "chemicals used for industrial/commercial
processes", with the goods valued at £10,000 and £10,200
respectively.
Following publication of the Committees 2012
Report (HC 419) on July 13, I wrote to the Foreign Secretary five
days later on July 18 putting to him a total of 55 requests for
further information about the 9 extant UK Government approved
arms export licences to Syria. Of these 55 requests, 10 related
to the two Standard Individual Export Licences (SIEL) for "Chemicals
used for industrial/commercial processes".
The 10 items of further information that the
Committees required were:
1. The names of the individual chemicals
for which UK Government export licence approval was given.
2. The reasons why each of the chemicals
concerned are subject to export licence approval.
3. The internal repression purposes to which
each of the chemicals concerned could be put.
4. The quantities of each of the chemicals
concerned for which export licence approval was given.
5. The names of the individuals, companies
or organisations to whom the chemicals were being exported.
6. The extent to which those named individuals,
companies or organisations are subject to the influence, ownership
or control of the Syrian Government.
7. The last known location in Syria of the
chemicals for which UK Government export licence approval was
given.
8. The dates of approval of each of the chemical
export licences concerned, whether any have now been revoked and,
if so, on what date.
9. Which, if any, of the chemical export
licence applications concerned were put to Ministers for approval.
10. Copies of each of the chemical export
licence applications concerned and of each of the approval decisions
with any conditions attached - to be provided to the Committees
on a classified or non-classified basis as necessary.
You replied to the Committees' requests for these
10 items of information in your letter to me of 6 September 2012
as follows:
"These licences were issued on 17 and 18
January 2012 and authorised the export of dual-use chemicals to
a private company for use in industrial processes. The chemicals
were sodium fluoride and potassium fluoride.
These chemicals have legitimate commercial uses
- for example, sodium fluoride is used in the fluoridation of
drinking water and the manufacture of toothpaste; and potassium
fluoride has applications in the metallurgical industry and the
manufacture of pesticides. However they could also be used as
precursor chemicals in the manufacture of chemical weapons which
is why they are included on the Australia Group chemical weapons
precursors list and are listed in Annex 1 of Council Regulation
428/2009, [[466]]
meaning a licence is required for their export from the EU.
In these cases the chemicals were to be used
for metal finishing of aluminium profiles used for making aluminium
showers, windows, etc. Each licence application was assessed against
the Consolidated EU and National Arms Export Licensing Criteria,
including whether there was a clear risk that they might be used
for internal repression or be diverted for such an end-use. The
licences were granted because at the time there were no grounds
for refusal.
Subsequently, the European Union imposed new
sanctions on Syria via Council Regulation (EU) No 509/2012 which
came into force on 17 June 2012. The sanctions included prohibitions
on the sale, supply, transfer or export of certain dual-use items
and chemicals (including sodium fluoride and potassium fluoride)
which might be used for internal repression or in the manufacture
of items which might be used for internal repression. As a result,
these licences were revoked on 30 July 2012".
On 18 March this year [2013], I wrote again to
you about the chemicals approved by the Government for export
to Syria as follows:
"Thank you for your letter of 6 September
2012 responding to the Committees on Arms Exports' request for
further information relating to extant arms export licences to
Syria.
However, the answer provided to the Committees'
question relating to the two SIELs for "chemicals used for
industrial/commercial processes" has raised a further question.
Your response stated that these licences had been revoked on 30
July 2012 as a result of the Council Regulation (EU) No 509/2012
imposing new sanctions on Syria coming into force on 17 June 2012.
The Committees wish to know if the goods covered by these two
licences were shipped to Syria before the licences were revoked."
You replied to my letter on April 10 2013 as
follows:
"Thank you for your letter of 18 March requesting
further information about extant arms export licences to Syria.
Both licence records showed that there were some
goods remaining to be exported and that was why those licenses
were revoked on 30 July 2012, to prevent export of the chemicals
caught by the new EU sanctions on Syria which came into force
on 17 June 2012. However, revocation could not prevent the shipment
of chemicals already exported against those licences and, unfortunately,
we do not have data showing what quantity of chemicals covered
by these SIELs had already been shipped."
Please could you now respond to the following
further questions and requirements for further information:
Please provide the Committees, numbered item
by numbered item, with each of the 10 items of information originally
requested about the two "chemicals used for industrial/commercial
processes" SIELs as detailed in my original letter of 18
July 2012 to the Foreign Secretary much, if not most of which,
was not provided in your reply to me of 6 September 2012. Please
also provide the name of the company to whom your Department gave
licence approval on 17 and 18 January 2012 to export potassium
fluoride and sodium fluoride to Syria. The company's name cannot
credibly be withheld from the Committees on grounds of commercial
confidentiality given that both licences were revoked over a year
ago.
Please also provide the name(s) of the company
or companies to whom FCO Minister Alistair Burt has now stated
five further export licences for sodium fluoride to Syria were
issued between 2003 and the start of the conflict.
Syria has long been known to be a holder of chemical
weapons and your Department were clearly fully aware that sodium
fluoride and potassium fluoride are precursor chemicals in the
manufacture of chemical weapons as you specifically stated this
in your letter to me of 6 September 2012. Given that Syria was
a known holder of chemical weapons, given that there was a civil
war in Syria and given that both sodium fluoride and potassium
fluoride were known by your Department to be precursor chemicals
in the manufacture of chemical weapons, do you agree on reflection
that both of these licences should have been refused?
You said in your letter to me of 6 September
2012 "The licence was granted because there were no grounds
for refusal."
You also stated that "Each licence application
was assessed against the Consolidated EU and National Arms Export
licensing Criteria, including whether there was a clear risk that
they might be used for internal repression or be diverted for
such an end-use." However, this is not an accurate or complete
statement of the Government's policy on arms exports where the
goods might be used for internal repression. The Foreign Secretary's
statement of policy to the Committees on 7 February 2012 was as
follows: "The long-standing British position is clear. We
will not issue licences where we judge there is a clear risk that
the proposed export might provoke or prolong regional or internal
conflicts, or which might be used to facilitate internal repression."
The policy of not issuing export licences "which might be
used to facilitate internal repression" is a substantially
different, and materially tighter export control policy than "a
clear risk that they might be used for internal repression".
Do you and all your Department accept that the Foreign Secretary's
statement of Government policy to the Committees on 7 February
2012 is the definitive Government policy on arms exports and internal
repression? If so, why was that policy not complied with in relation
to the export licence applications for potassium fluoride and
sodium fluoride both of which "might be used to facilitate
internal repression"?
On what date was the Government first aware that
the EU's proposed Regulation for new sanctions on Syria was going
to prohibit the export to Syria of both potassium fluoride and
sodium fluoride? Why were these licences for potassium fluoride
and sodium fluoride not revoked immediately at that date instead
of only being revoked on 30 July 2012 - 6 weeks after the Regulation
came into force on 17 June 2012?
On September 3 2013 your Department's "Statement
on exports to Syria" stated in respect of the licences for
sodium fluoride and potassium fluoride that "the chemicals
were not exported to Syria." In addition, the previous day
the Secretary of State for Defence stated in the House with regard
to these two licences that "no such chemicals were exported"
(Hansard 2 September 2013 Col. 10).
Both your Department's statement and that of
the Secretary of State for Defence in the House are in direct
contradiction with what you said in your letter to me of 10 April
this year when you said: "Both licence records showed that
there were some goods remaining to be exported and that was why
those licences were revoked on 30 July 2012, to prevent export
of the chemicals caught by the new EU sanctions on Syria which
came into force on 17 June 2012. However, revocation could not
prevent the shipment of chemicals already exported against those
licences and, unfortunately, we do not have data showing what
quantity of chemicals covered by these SIELs had already been
shipped."
Please provide the Committees with the evidence
you clearly had when you wrote to me on 10 April this year that
some quantities of the potassium fluoride and sodium fluoride
had already been exported.
Please provide details of all previous export
licence approvals to Syria of potassium fluoride and sodium fluoride
stating the value and quantity in each case and the date of licence
approval.
Please provide details of all previous export
licence approvals to Syria of all other chemicals included on
the Australia Group chemical weapons precursor list and/or are
listed in Annex 1 of EU Council Regulation 428/2009 stating the
value and quantity in each case and the date of licence approval.
Please list from open sources the countries,
in addition to Syria, which are holders of chemical weapons. In
respect of each of those other countries, please provide details
of export licence approvals from 2003 of all chemicals included
on the Australia Group chemical weapons precursors list and/or
are listed in Annex 1 of the EU Council Regulation 428/2009 stating
the value and quantity in each case and the date of licence approval.[467]
505. On 10 September 2013 the Business Secretary
wrote to the Chairman of the Committees with an update on the
export licences for chemicals to Syria. The relevant section of
his letter was as follows:
Export licences for chemicals for Syria
I wrote to you on the 6 September last year about
two licences to export dual use chemicals to Syria issued on the
17 and 18 January 2012. You will recall that the licences were
for sodium fluoride (1000kg) and potassium fluoride (1000kg) and
that they were subsequently revoked in July 2012 following the
imposition of EU sanctions. HMRC has confirmed that the licences
were not used before revocation. The chemicals are not listed
by the Chemical Weapons Convention but are subject to export controls
by virtue of our membership of the Australia Group and are listed
in Annex I of Council regulation 428/2009.
I stand by what I wrote last year that the two
licence applications in question were subject to proper assessment
against the Consolidated EU and national Arms Export Licensing
Criteria and were determined to be for legitimate commercial use.
There was therefore no clear basis on which to refuse licences
as this predated EU sanctions. Although the chemicals in question
can be used as precursors for chemical weapons they also have
a large number of commercial applications and the volumes licensed
are consistent with commercial use.
In the light of the recent and shocking use of
chemical weapons by the Assad regime in Syria I asked my officials
to determine whether any other licences for chemicals had been
granted for Syria over the last ten years. They identified five
other licences, all for sodium fluoride, issued in July 2004,
September 2005, March 2007, February 2009 and May 2010 (for, respectively,
50kg, 2000kg, 50kg, 2000kg and 50kg). These licences all pre-date
the conflict in Syria. They were issued to two UK exporters for
despatch to two Syrian companies. I am confident that each application
was properly assessed to determine end use and that the exports
were for legitimate commercial purposes, namely cosmetics and
healthcare products. The volumes of sodium fluoride covered by
these licences are consistent with commercial use.
I want to assure you there is no evidence that
exports of chemicals from the UK have been deployed in Syrian
weapons programmes and I have determined that there has been no
breach of controls or international obligations. The Government
remains confident that UK export controls continue to be among
the most stringent in the world.[468]
506. The Chairman of the Committees wrote a further
letter to the Business Secretary, Vince Cable, on 11 September
2013 regarding the 5 additional licences to export dual-use chemicals
to Syria approved between July 2004 and May 2010 as follows:
Thank you for your letter of September 10.
Please may I have your answers to the following
further questions on British Government approval of export licences
of chemicals to Syria?
In your letter to me of 6 September 2012, you
acknowledged that the Government knew when your Department gave
licence approval on January 17 and 18 that year for sodium fluoride
and potassium fluoride exports to Syria that both chemicals could
be used as precursor chemicals in the manufacture of chemical
weapons.
In your latest letter, you say that 5 further
licences were approved for the export of sodium fluoride for cosmetics
and healthcare products as follows:
With regard to these 5 further licences:
1. What quantity for each licence was actually
exported from the UK to Syria?
2. What were the names of the two UK exporters
to whom the export licences were granted?
3. What were the names of the two Syrian
companies to whom the sodium fluoride were exported under these
licences?
4. Please provide full details of the cosmetics
and healthcare products for which the sodium fluoride exported
under these licences was apparently going to be used in Syria?[469]
507. On 11 October
2013 the Business Secretary, Vince Cable, replied as follows:
[The answers to numbered sub-paragraphs 1-5 immediately
below relate to the two licences to export dual-use chemicals
to Syria issued in January 2012.]
Thank you for your letters of 9 and 11 September.
In your letter of 9 September you ask seven specific
questions. Here are the answers.
1. Points raised in previous correspondence.
1. Names of the chemicals: One licence
was for sodium fluoride and the other for potassium fluoride.
2. and 3. Reasons why they are controlled
and the purposes to which they were put. The two chemicals
are subject to export control and are listed in the Australia
Group chemical weapons precursor list and Annex I of Council regulation
(EC) 428/2009 because they are capable of use as precursor chemicals
in the manufacture of chemical weapons. They are not however listed
in the Schedules of the Chemical Weapons Convention.
They have legitimate commercial uses such as
the manufacture of toothpaste, the fluoridation of drinking water,
production in the metallurgical industry, and in the manufacture
of pesticides. In these cases the stated end-use for both chemicals
was in metal finishing of aluminium profiles used for making aluminium
showers, window frames, etc. This is a credible and legitimate
use for these chemicals and consistent with the quantities licensed.
4. Quantities: The licences were for 1000kg
in each case.
5. Names of end-user: The end-user was
Awad Ammora Co. & Partners, Nashabia, Damascus, Syria.
6. Extent to which the end-user is under the
influence of the Syrian Government. The Government has no
specific evidence that the end-user is subject to the influence,
ownership or control of the Syrian government. It should be noted
that there is older media reporting, ultimately derived from the
Iraq Survey Group, indicating that the Saddam Hussein regime in
Iraq was seeking to procure aluminium tubes for its nuclear programme
from Awad Ammora in late 2002 or early 2003, and linking the company
to alleged efforts by the Iraqi regime to fund Palestinian organisations
via the UN oil-for-food programme. However none of these reports
provide evidence of a link to any chemical weapons programme in
Syria. The Government was aware of these reports when the licences
were granted in 2012 and appropriate checks were carried out which
confirmed that there were no grounds for refusing these licence
applications.
7. Last known location in Syria. The goods
were not exported. HMRC has confirmed that no exports of either
chemical were declared under the revoked licences and we have
written confirmation from the exporter that the licences were
not used and no goods were shipped before the licences were revoked.
8. Dates of approval and revocation. Both
licence applications were submitted on 1 August 2011; the licences
were granted on 17 and 18 January 2012; and both were revoked
on 30 July 2012.
9. Ministerial involvement in decision-making.
The process was as follows. Each application was reviewed by advisers
in MOD (including defence Intelligence and DSTL at Porton Down),
in the FCO (including the regional Desk and POST, the Sanctions
Team, and the Australia Group desk officer) and in the Chemical
Weapons Convention UK National Authority in DECC. No concerns
about end-use were identified by any of these reviews and accordingly
neither licence application was put to Ministers for approval.
10. Copies of the licences and any conditions.
All the relevant information that I am ready to disclose is contained
within this letter and its attachment.
I am not disclosing the assessments that supported
the decisions to approve these two licences. To do so would be
likely to inhibit the free and frank provision of advice and the
free and frank exchange of views for the purpose of deliberation.
I have carefully considered the arguments in favour of disclosure,
in particular that transparency in policy making may improve engagement
between the public and government, and it is desirable that he
public can satisfy themselves that decisions are taken on the
basis of the best available information. However BIS, as the statutory
licensing authority, makes decisions on export licence applications
based on advice received from other Government Departments, and
it is my view that releasing the advice received for specific
export licence applications would impact adversely on the quality
of the advice provided by other Departments and on the ultimate
decisions taken.
After giving the matter careful consideration,
and consulting the companies concerned, I have also decided not
to disclose either the licence application forms or the names
of the UK companies to which these licences were granted. I have
taken the same decision in respect of the companies to which the
other five licences covered in this letter were granted. I recognise
that there is a public interest in knowing that the Government
acted properly in this matter. But the companies behaved responsibly
by applying for export licences and were engaged in legitimate
transactions. We have taken into account strong feedback from
some of the companies that they should not be exposed to reputational
damage when they have acted in an entirely proper way. Their licence
applications were submitted in confidence and it is important
that the Government respects that fact and maintains that confidence
in the integrity of the system.
2. Should the licences granted in January
2012 have been refused?
Each licence application was assessed on its
own merits against the Consolidated EU and National Arms Export
Licensing Criteria taking into account all relevant information
available to us at the time. The stated end-use of these chemicals
was a legitimate commercial application. The media reporting about
the end-user I referred to above did not suggest any link to chemical
weapons. There was no information from either open or classified
sources available at the time, and none that we have received
since, to link the end-user to any chemical weapons programme
in Syria, and we did not and do not have any information
to indicate that Syria was actively seeking to acquire these chemicals
for use in the manufacture of chemical weapons. Given the nature
of the stated end-use and the lack of evidence that would justify
refusal, the licences were granted. Having reviewed the information
on which these decisions were based, I am satisfied that this
was the correct decision.
The position set out in your letter appears to
be an over-interpretation of the statement made by the Foreign
Secretary in the course of giving oral evidence to the Committees
on 7 February 2012. I know that the Foreign Secretary is writing
to you to set the record straight on this very important point.
The Government's policy remains as set out in
the Consolidated EU and National Arms Export Licensing Criteria,
announced by the then Minister of State for Foreign and Commonwealth
Affairs, Peter Hain, in the House of Commons on 26 October 2000.
There has been no change to this policy. Specifically with regard
to exports that might be used for internal repression, the Government
continues to assess applications against Criterion 2 in full,
which states that: "[The Government will] not issue an export
licence if there is a clear risk [my emphasis] that the
proposed export might be used for internal repression."
4. Delay in revoking licences
EU discussions about additional sanctions against
Syria continued throughout the second half of 2011 and beyond
(the original EU sanctions regulation was adopted on 9 May and
amended on 10 occasions before the end of the year). In parallel
with this, the participating states of the Australia Group (AG)
had agreed in June 2011 that they should take steps to control
the export to Syria of chemicals potentially usable in the manufacture
of chemical weapons, over and above those included on the AG chemical
weapons precursors list. There were also discussions within the
EU about how to implement these additional controls. However the
actual decision to pursue sanctions targeted against the manufacture
and use of chemical weapons was not finally taken until 23 April
2012 (Council decision 2012/206/CFSP). Article 1 of the decision
said:
"The sale, supply, transfer or export
of certain other equipment, goods and technology which might be
used for internal repression or for the manufacture and maintenance
of products which could be used for internal repression, to Syria
by nationals of Member States or from the territories of Member
States or using their flag vessels or aircraft, shall be prohibited,
whether originating or not in their territories.
"The Union shall take the necessary measures
in order to determine the relevant items to be covered by this
paragraph."
Negotiation of the Regulation that would implement
this provision and which would include the list of items
covered by it began shortly thereafter. It was clear from
an early stage in the negotiation of the Regulation that it was
likely to include both potassium fluoride and sodium fluoride,
but this could not be known for certain by the until the text
was finalised at working group level on 12 June. The Regulation
was finally adopted by the Council on 15 June and came into force
on 17 June. This is the earliest we could have revoked the licences.
I accept that the fact the licences were not revoked immediately
after that date was an oversight, and that we should have acted
more quickly following the entry into force of the Regulation.
Since that time we have reviewed our procedures
to ensure that revocations take place as soon as possible after
the adoption of any EU sanctions or other restrictive measures.
For example, following the decision at the 21 August Foreign Affairs
Council to suspend certain export licensing for Egypt, we reviewed
and suspended 48 extant licences by 28 August.
5. Clarification of earlier remarks on
export of the chemicals
There is no contradiction between my letter of
10 April and the statements on 2 and 3 September, though I can
see there was scope for confusion. Let me explain why.
As you know, a Standard Individual Export licence
(SIEL) permits the export of a specified quantity of items to
a named recipient and is usually valid for up to 2 years. The
licence is valid until the full quantity of items is shipped
at which point it is said to be "exhausted"
or until the 2-year validity period is reached at which
point it is said to be "expired". A licence which neither
exhausted nor expired is "extant". An extant licence
is therefore one which is wholly or partially unused and of course
only an extant licence can be revoked. The licensing database
(SPIRE) shows a licence's status, but for extant licences it does
not show with any certainty what quantity if any
has been shipped or what quantity remains to be shipped.
My statement of 10 April the "unfortunately,
we do not have data showing what quantities of chemicals covered
by these SIELs had already been exported" was meant to reflect
this uncertainty. It was not meant to suggest that we had actual
evidence that some quantities has actually been exported. We had
no such evidence, and as my answer to point 1.7 above makes clear,
no chemicals were in fact exported.
To avoid confusion in the future, we will, when
revoking licences, always ask HMRC to check its records and we
will contact the exporter directly to seek confirmation of licence
use. We adopted this approach when we recently revoked export
licences for Egypt.
6. Details of previous export licences.
The five licences for sodium fluoride that I
referred to in my letter of 10 September are the only other licences
granted since 2003 for the export to Syria of chemicals included
on the Australia Group chemical weapons precursor list and listed
in Annex 1 of Council regulation 428/2009. Information regarding
these five licences is given in Annex 1 to this letter. In each
case the end-use was for the manufacture of toothpaste.
7. Countries holding stockpiles of chemical
weapons
There are four states that have acceded to the
Chemical Weapons Convention, have declared their stockpiles, and
are now participating in OPCW-verified destruction programmes:
Iraq, Libya, Russia and the United States. The information requested
in respect of these states is at Annex 2.
For states not party to the Chemical Weapons
Convention open source reporting is not a reliable guide because
states not party to the CWC have no obligation to declare any
stockpiles they may have. While it is clear that Syria maintains
significant CW stockpiles, open source material does not reliably
confirm the existence or non-existence of stockpiles in those
other states that have not ratified or acceded to the CWC, namely
Angola, Burma, DPRK, Egypt, Israel and South Sudan. I have however
also included information in respect of export licences granted
to these states in Annex 2. I want to emphasise that by providing
this information the Government is not confirming that
it believes that any of these states does or does not possess
chemical weapons the information is provided for the sake
of completeness only.
Please note that all chemicals included on the
Australia Group chemical weapons precursor list are included in
entry 1C350 of Annex I to Council Regulation 428/2009, with the
exception of 3 chemicals which are listed at ML7c1 and ML7c2 of
the Military List. Furthermore some chemical weapons precursors
not included on the Australia Group list are listed at entry 1C450
of Annex I of Council regulation 428/2009. Annex 3 therefore includes
all licences granted for the supply to the 10 states named above
of chemicals listed in entries 1C350, 1C450, ML7c1 and ML7c2.
Note also that all chemicals listed in entry 1C350 may be exported
to the USA under the terms of the EU General Export Authorisation
No. EU001. This accounts for the relatively small number of individual
licences granted for the USA.
Your letter of 11 September.
All the information you requested in your letter
of 11 September with the exception of the exporter names
which I am not disclosing for the reasons given above
is included in Annex 1.
You are right to question me about granting licences
for the export of chemicals to Syria given the public interest
which the issue has raised. I hope that this letter reassures
you that the Government takes its responsibilities very seriously,
is acting effectively to promote global security and responsible
exporting, and is ready to make changes to our procedures when
this is necessary. [470]
Annex 1 Details of 5 licences
for export to Syria of sodium fluoride granted between 2004 and
2010
[All the information in Annex I is incorporated into
the Table on page 253 headed "British Government approvals
of dual-use, i.e. civil or military use, chemicals to Syria 2004-2012"
which gives all the publicly available information about all 7
of the Government approved licences.]
Annex 2 details of licences granted
to specified destinations for chemicals listed in the Australia
Group chemical weapons precursors list and/or listed in Annex
I of Council regulation 428/2009
| Destination | Good Rating
| Chemical name | Goods Quantity
| Total Goods
Value (£) | Date licence granted
|
1 | Burma | 1C350.43
| Sodium Fluoride | 500g |
19.4 | 15/08/2005 |
2 | DPRK | 1C350.50
| Sodium sulphide | 500g |
8.15 | 04/02/2003 |
3 | Egypt | 1C350.24
| Hydrofluoric acid | 200L |
1262 | 25/04/2003 |
4 | Egypt | 1C350.24
| Hydrofluoric acid | 1200L |
11844 | 25/04/2006 |
5 | Egypt | 1C350.43
| Sodium Fluoride | 1000kg |
17600 | 06/08/2007 |
6 | Egypt | 1C350.46
| Polyethanolamine | 1025L |
2480 | 08/06/2009 |
7 | Egypt | 1C350.24
| Hydrofluoric acid | 1000L |
6128 | 01/10/2009 |
8 | Egypt | 1C350.24
| Hydrofluoric acid | 50L |
304.2 | 06/01/2011 |
9 | Egypt | 1C350.43
| Sodium Fluoride | 300kg |
2715 | 30/08/2011 |
10 | Egypt | 1C350.43
| Sodium Fluoride | 200kg |
1810 | 25/11/2011 |
11 | Egypt | 1C350.43
| Sodium Fluoride | 2000kg |
18100 | 17/11/2011 |
12 | Egypt | 1C350.24
| Hydrofluoric acid | 66L |
6.5 | 16/11/2012 |
13 | Egypt | 1C350.43
| Sodium Fluoride | 25kg |
270 | 25/03/2013 |
14 | Egypt | 1C350.43
| Sodium Fluoride | 2000kg |
8000 | 19/04/2013 |
15 | Egypt | 1C350.43
| Sodium Fluoride | 6000kg |
30000 | 10/052013 |
16 | Iraq | 1C350.43
| Sodium Fluoride | 50g | 13.57
| 17/04/2008 |
17 | Israel | 1C350.16
| Dimethylamine | 600 tonnes |
275000 | 14/11/2003 |
18 | Israel | 1C350.46
| Polyethanolamine | 120 tonnes
| 39000 | 18/03/2004 |
19 | Israel | 1C450a5
| Cyanogen Chloride | 1kg |
5500 | 08/04/2005 |
20 | Israel | 1C350.46
| Polyethanolamine | 200 tonnes
| 170000 | 11/10/2005 |
21 | Israel | 1C350.24
| Hydrogen Fluoride | 32.4kg |
660 | 08/10/2009 |
22 | Israel | 1C350.24
| Hydrogen Fluoride | 32.4kg |
660.98 | 29/01/2010 |
23 | Israel | 1C350.9
| Thionyl chloride | 500ml |
33.67 | 04/04/2013 |
24 | Libya | 1C350.24
| Hydrofluoric acid | 100L |
1796 | 06/02/2003 |
25 | Libya | 1C450b8
| Methyldiethanolamine | 64000kg
| 134824.01 | 18/08/2003 |
26 | Libya | 1C350.24
| Hydrofluoric acid | 10L |
271.8 | 12/05/2004 |
27 | Libya | 1C350.24
| Hydrofluoric acid | 200L |
2400 | 24/05/2004 |
28 | Libya | 1C350.24
| Hydrofluoric acid | 100L |
958.82 | 18/06/2004 |
29 | Libya | 1C350.24
| Hydrofluoric acid | 3000ml |
50.58 | 07/06/2005 |
30 | Libya | 1C350.45
| Sodium cyanide | 3kg | 621
| 07/04/2006 |
31 | Libya | 1C350.24
| Hydrofluoric acid | 6L |
115.68 | 03/04/2006 |
32 | Libya | 1C350.24
| Hydrofluoric acid | 20L |
331.4 | 28/07/2006 |
33 | Libya | 1C350.14
| Potassium Fluoride | 500g |
125.61 | 05/02/2008 |
34 | Libya | 1C350.24
| Hydrofluoric acid | 6L |
46.87 | 11/07/2008 |
35 | Libya | 1C350.46
| Triethanolamine | 1L | 21.46
| 04/08/2008 |
36 Libya | 1C350.24
| Hydrofluoric acid | 1L |
27.30 | 12/08/2009 |
| 1C350.43 | Sodium Fluoride
| 1kg | 31.34 |
|
37 | Libya | 1C350.24
| Hydrofluoric acid | 10L |
472.3 | 12/12/2012 |
38 | Russia | 1C350.17
| Diethyl ethyl phosphonate | 6kg
| 300 | 28/01/2004 |
39 | Russia | 1C450b4
| 2-Diethylaminoethyl chloride hydrochloride
| 140kg | 1903.19 | 02/12/2013
|
40 | Russia | 1C350.43
| Sodium Fluoride | 2700kg |
10500 | 01/04/2004 |
41 | Russia | 1C350.14
| Potassium Fluoride | 6400kg
| 12837.5 | 29/10/2004 |
42 | Russia | 1C350.43
| Sodium Fluoride | 10000kg |
38900 | 19/11/2004 |
43 | Russia | IC350.14
| Potassium Fluoride | 1600kg
| 3209.4 | 10/02/2005 |
44 | Russia | 1C350.2
| Phosphoryl Chloride | 1.5L |
1469.59 | 28/09/2005 |
45 | Russia | 1C350.43
| Sodium Fluoride | 25000kg |
52567 | 11/11/2005 |
46 Russia | IC350.14
| Potassium Fluoride | 20kg |
2 | 17/11/2005 |
| 1C350.14 | Potassium Fluoride
| 20kg | 2 | |
47 | Russia | 1C450b4
| 2-(Diethylamino)ethyly chloride hydrochloride
| 700kg | 8750 | 08/02/2006
|
48 | Russia | 1C350.14
| Potassium Fluoride | 20000kg
| 28300 | 1-/01/2006 |
49 | Russia | 1C450b1
| Dilsopropyl methylphosphonate | 100g
| 71 | 21/02/2006 |
50 | Russia | 1C350.14
| Potassium Fluoride | 19000kg
| 39235 | 15/05/2006 |
51 | Russia | 1C350.14
| Potassium Fluoride | 28400kg
| 58646 | 11/07/2006 |
52 | Russia | 1C350.43
| Sodium Fluoride | 45000kg |
175050 | 15/08/2006 |
53 | Russia | 1C350.14
| Potassium Fluoride | 19200kg
| 39744 | 31/08/2007 |
54 | Russia | 1C350.14
| Potassium Fluoride | 20kg |
257 | 12/10/2007 |
55 | Russia | 1C350.43
| Sodium Fluoride | 45000kg |
175050 | 09/01/2008 |
56 | Russia | 1C450b4
| 2-(Diethylamino)ethyly chloride hydrochloride
| 1000kg | 12650 | 19/03/2008
|
57 | Russia | 1C450b4
| 2-(Diethylamino)ethyly chloride hydrochloride
| 1000kg | 12400 | 10/06/2008
|
58 | Russia | 1C350.3
| Dimethyl methylphosphonate | 10kg
| 624 | 26/01/2009 |
59 | Russia | 1C450b4
| 2-(Diethylamino)ethyly chloride hydrochloride
| 500kg | 6200 | 15/01/2009
|
60 | Russia | 1C350.48
| Disopropylamine | 100L |
662 | 23/03/2009 |
61 | Russia | 1C450b4
| 2-(Diethylamino)ethyly chloride hydrochloride
| 1000kg | 15500 | 11/05/2009
|
62 | Russia | 1C350.43
| Sodium Fluoride | 45000kg |
123750 | 07/09/2009 |
63 | Russia | 1C450b4
| 2-(Diethylamino)ethyly chloride hydrochloride
| 1000kg | 15500 | 17/03/2010
|
64 | Russia | 1C350.43
| Sodium Fluoride | 45000kg
| 123750 | 13/04/2010 |
65 | Russia | 1C450b4
| 2-(Diethylamino)ethyly chloride hydrochloride
| 1000kg | 15500 | 11/05/2009
|
66 | Russia | 1C450b4
| 2-(Diethylamino)ethyly chloride hydrochloride
| 2000kg | 31000 | 29/09/2010
|
67 | Russia | 1C450b4
| 2-(Diethylamino)ethyly chloride hydrochloride
| 50kg | 1100 | 09/02/2011
|
68 | Russia | 1C350.43
| Sodium Fluoride | 45000kg |
145332 | 01/08/2011 |
69 | Russia | 1C450b4
| 2-(Diethylamino)ethyly chloride hydrochloride
| 2000kg | 33000 | 14/10/2011
|
70 | Russia | 1C450b4
| 2-(Diethylamino)ethyly chloride hydrochloride
| 2500kg | 38750 | 30/07/2012
|
71 | Russia | 1C350.43
| Sodium Fluoride | 45000kg |
140445 | 07/03/2013 |
72 | Russia | 1C450b4
| Diethylaminoethylchloride hydrochloride |
3500kg | 42000 | 10/05/2013
|
73 | USA | 1C350.41
| Mixture of Potassium hydrogen difluoride and hydrogen fluoride
| 350kg | 2768.5 | 28/01/2003
|
74 | USA | 1C350.46
| Polyethanolamine | 1,560,000kg
| 450000 | 10/11/2003 |
75 | USA | 1C350.48
| Disopropylamine | 34800kg |
45600 | 21/07/2005 |
76 | USA | 1C350.24
| Hydrogen Fluoride | 500000kg
| 850000 | 17/08/2010 |
508. The letter to the Chairman of the Business Secretary of 11
October 2013 immediately above constituted a revised version of
his original reply dated 4 October 2013, because the Business
Secretary had been informed that the original contained a statement
that may be misleading. The statement in question related to one
of the named end-users in Syria of UK Government approved exports
of dual-use chemicals - Awad Ammora. The Business Secretary explained
this revision in a further letter to the Chairman of the Committees
on 11 October 2013 which read as follows:
I wrote to you on 4 October in response to your letters of
the 9 and 11 September. I am now sending you a revised version
of my response. I have been informed that the original contained
a statement that may be misleading. I want to be completely open
with the committee over this sensitive issue and I am therefore
sharing my latest information with you.
I refer to the section of my letter ("1.
Points raised in previous correspondence"), specifically
point 6 ("Extent to which the end-user is under the influence
of the Syrian Government").
The closing sentence of my original letter reads,
"The Government was aware of these reports when the licences
were granted in 2012 and appropriate checks were carried out which
confirmed that there were no grounds for refusing these licence
applications". This refers to media reports about the end
user for the licences issued in January 2012.
In fact, although officials did have access to
information about the end user, from open and classified sources
some of which dated back to 2001, we cannot confirm definitively
that officials did in fact investigate the contents of the 2004
media reports. That said, officials assessing the licence applications
did make proper checks based on the information dating back to
2001. They have confirmed to me categorically that there was no
evidence at the time the licences were assessed and there
is no evidence now of any links between the end user and
chemical weapons programmes. I therefore remain confident that
checks made were appropriate and that there were no grounds for
refusing the applications.[471]
The checks and media reports to which the Business
Secretary refers immediately above related to the Syrian company
Awad Ammora. The Business Secretary's original description of
these media reports are in paragraph 507 above.
509. On 23 October 2013 the Chairman of the Committees
wrote a further letter to the Business Secretary as follows:
Thank you for your letter of 11 October in reply
to my letters of 9 and 11 September on the licence approvals given
by both the present and previous Governments between 2004 and
2012 for the export of dual-use chemicals to Syria which could
be used as precursor chemicals for the manufacture of chemical
weapons, including sarin.
The Committees on Arms Export Controls will be
pursuing further a number of issues raised by the information
in your reply. However, there is one answer you gave that I must
take up with you immediately as it is of significance not just
for the Committees' current inquiry but for the House of Commons
as a whole. It is your refusal to provide the Committees with
the names of the companies who were given Government licence approval
to export to Syria the dual-use chemicals sodium fluoride and
potassium fluoride, which can be used to manufacture sarin.
Under Standing Orders, House of Commons Select
Committees are empowered "to send for persons, papers and
records" (S.O. 152(4)). The effect of your decision to refuse
to provide the Committees with the names of the companies concerned
is to deny the Committees the ability to take Evidence from those
companies.
Your reply of 11 October in my view provides
no substantive justification for refusing to provide the Committees
with the names of the companies.
The Committees fully accept that the companies
concerned, in applying for export licences for the export of these
dual-use chemicals to Syria, were acting in an entirely proper
way.
With regard to "possible reputational damage",
the prime object of the Committees' scrutiny of this key issue,
is not the companies but the Governmentyour own Department
in particular.
There is no way that revealing the names of these
companies will be prejudicial to their future exports of sodium
fluoride and potassium fluoride to Syria. An EU embargo on the
export of these chemicals to Syria is now in place. The Prime
Minister revealed on 29 August 2013 that there had been at least
14 previous uses of chemical weapons in Syria prior to the appalling
attack on 21 August. It is self-evident that there are not going
to be any further British Government approvals for the export
of sodium fluoride or potassium fluoride to Syria for the foreseeable
future.
In the light of the above, I ask you to reconsider
your decision to refuse to provide the Committees with the names
of the companies who were given Government licence approval to
export sodium fluoride and potassium fluoride to Syria between
2004 and 2012, and to provide the Committees with the names of
the companies concerned.[472]
510. The Business Secretary replied to the Chairman
of the Committees further on 25 October 2013 explaining his reasons
for not disclosing the names of the British companies which applied
for the licences to supply dual-use chemicals to Syria as follows:
Thank you for your letter of the 23 October about
the disclosure of the names of the exporters granted licences
for dual use chemicals for Syria between 2004 and 2012.
In deciding whether to disclose the names of
the exporters we thought it was important to establish whether
they were willing to be publicly interrogated on this issue, given
that they had shared information with us on a confidential basis.
We used the framework provided by the Freedom of Information (FoI)
Act as a basis on which to make this decision.
Two of the three exporters raised compelling
objections. In particular they argued, and we agreed, that they
were reputable British companies that had done nothing wrong.
Specifically they were engaging in the legitimate trade of sodium
fluoride used for the manufacture of toothpaste, not chemical
weapons. One company cited the potential risk of physical danger
to their employees both in the UK and in their US parent company.
They also cited commercial confidentiality and reputational damage
which might have an impact on their financial interests. I judged
on this basis that the balance of the argument was not in favour
of public disclosure in this case.
In withholding the names of the exporters it
was never my intention to obstruct the work of the Committees
on Arms Export Controls. I therefore would like to explore with
you the possibility of disclosure on a confidential basis to enable
you to see the exporters in closed session. As we originally contacted
the companies under the FoI framework we would be obliged to go
back to them to take their views if you are amenable to this proposal.
Clearly we would need to discuss the exact terms of a confidential
disclosure but it would be helpful to know whether you agree to
this in principle. [473]
511. In the Westminster Hall debate on 21 November
2013 Ann McKechin MP noted that the Government's export ban of
dual-use chemicals to Syria had been implemented a couple of months
after the original decision to grant the export licences. She
questioned the manner in which the original decision to grant
the two licences in January 2012 had been made. She commented:
Although there is no evidence to suggest that
the applicant companies did not act in good faith, it cannot be
satisfactory, given the nature of the ongoing Syrian conflict,
which commenced before the export licence was granted, to believe
that exports capable of dual use should continue as normal between
the two countries.[474]
In his reply to the debate the Business Minister,
Michael Fallon, said:
I would like to take this opportunity to state
categorically that the Government have done nothing to assist
Syria's chemical weapons programme. Doing so would, of course,
be illegal under the Chemical Weapons Act 1996, and there is no
evidence that exports from the UK have contributed to Syria's
chemical weapons programme.[475]
He continued by saying: "The exporter has confirmed
that shipments were not made prior to those sanctions coming into
force, so no goods were actually exported under those licences."[476]
The Minister stated:
All the licences were rigorously assessed against
the criteria to determine that the end users intended to use the
products for legitimate civilian commercial activity. We had no
grounds to refuse the applications for our two licences, based
on the information available and the circumstances prevailing
at the time.[477]
512. When the Committees questioned the Business
Secretary, in the Oral Evidence session on 18 December 2013, about
his Department's process of approving the two licences for dual-use
chemicals to Syria in January 2012 he said:
under the international classification, the chemicals
are dual-use products. I think my Department quite reasonably
did not refer them to Ministers by applying a bit of common sense.
After all, toothpaste and cleaning fluids for windows are not,
by most people's understanding, chemical weapons. Domestos is
a weapon of mass destruction because it contains chlorine; nitrogenous
fertilisers are weapons of mass destruction, as the IRA demonstrated.
We would not in normal circumstances regard these standard products,
manufactured in hundreds of factories all over the world on a
large scale, as subject to risk. I think it was perfectly reasonable
that my officials showed a little common sense in applying the
licensing criteria.[478]
513. When the Foreign Secretary was asked about
the licence approval process for the two licences for dual-use
chemicals to Syria in January 2012, and specifically that at the
time of the approval Syria was known to be major holder of chemical
weapons, the chemicals were precursors for the production of sarin
gas, that Syria was not a signatory, or had not ratified, the
Chemical Weapons Convention, and that a civil war was in progress
in Syria at the time, why the licence had been approved he said:
"These were considered, and I think considered correctly,
by officials at the time, because they were not covered by the
sanctions at the time."[479]
When asked specifically about the dual-use chemicals being precursor
for sarin gas he replied: "These would not be considered
by Ministers at the time."[480]
514. On 20 January 2014 the Chairman of the Committees
wrote to the Business Secretary asking if he had reconsidered
providing the names of the companies who had been granted licences
for dual-use chemicals to Syria to enable the Committees to take
evidence in public from those companies. The text of the letter
was as follows:
At your Oral Evidence session with the Committees
on December 18, I put to you the reasons why we would wish you
to reconsider your prohibition on the companies that were given
licence approval to export dual-use chemicals to Syria by both
the present and the previous Government giving evidence in public
to the Committees. You said that you would reflect on this.
I should be grateful to know the outcome of your
reflection at an early date as the Committees wish to decide their
next step.[481]
The Business Secretary replied to the Chairman of
the Committees on 3 February 2014. The section of his letter referring
to the names of the companies granted licences for dual-use chemicals
for Syria was as follows:
Thank you for your letter of 20 January 2014
about the names of the companies granted licences to export dual-use
chemicals to Syria.
I have of course given further consideration
to my earlier decision not to make public the names of the companies
granted licences to export sodium fluoride and potassium fluoride
to Syria between 2004 and 2012. In doing so I have reviewed the
arguments put forward by you and your Committee, as well as the
companies themselves, regarding the harm to their legitimate commercial
interests that disclosure might cause, and the potential harm
to employees. I find that these latter arguments remain compelling.
I have also taken account of the fact that export licence applications
are made in confidence. As a result, I still believe that on balance
the argument is not in favour of public disclosure.
Let me make it clear once again that I do not
wish to obstruct the work of the Committees. You have acknowledged
that the companies have not done anything wrong and, indeed, acted
responsibly by applying for export licences. Your concern rather
is to hold the Government, rather than the exporters, to account.
It is absolutely right that you should do so and I therefore repeat
my offer to disclose the names of the companies on a confidential
basis so that you can meet them "in camera".[482]
515. With regard to the Business Secretary's claim
that he had to act within the framework of the Freedom of Information
Act,[483] the Committees
took advice from the Clerk of the House who confirmed "that
House of Commons Select Committees are not governed or circumscribed
by the Freedom of Information Act with regard to the evidence
they seek in the course of their inquiries."[484]
516. The Chairman of the Committees wrote to the
Business Secretary on 6 March 2014 as follows:
Thank you for your letter of January 3 (assumed
to be in error for February 3 when it was received).
It is regrettable that you continue to refuse
to put into the public domain the names of the companies that
were given UK Government approval to export to Syria dual-use
chemicals which could be used as precursor chemicals in the manufacture
of sarin. The effect of your decision, as you are clearly aware,
is to prevent the Committees on Arms Export Controls from taking
Oral Evidence in public from the companies concerned.
Given the position you have adopted the Committees
will therefore be taking Evidence from the companies "in
camera" as you have proposed.
The information already obtained by the Committees
regarding the 7 Government approved export licences for dual-use
chemicals to Syria is set out in the Table below.
British Government approvals of exports of dual-use,
i.e. civil or military use, chemicals to Syria 2004-2012
| Date of licence approval
| Type of chemical |
Qty (kg) | Value (£)
| Usage | Stated end-use
| Stated end-user |
1 | 15/7/2004 | Sodium Fluoride
| 50 | 228.5 | Unknown - No records available
| Manufacture of toothpaste | MADA for Industry & Commerce
|
2 | 28/9/2005 | Sodium Fluoride
| 2,000 | 6,220 | 2,000kgs exported - but not known on which date or in how many shipments as records no longer available
| Manufacture of toothpaste | Kaadan &Sioufi
|
3 | 15/3/2007 | Sodium Fluoride
| 50 | 695 | Unknown - No records available
| Manufacture of toothpaste | MADA for Industry & Commerce
|
4 | 3/2/2009 | Sodium Fluoride
| 2,000 | 6,220 | Five shipments totalling 2,000kg:
13/2/2009 - 150kg
18/6/2009 - 1,000kg
15/4/2009 - 100kg
3/7/2009 - 100kg
13/1/2011 - 650kg
| Manufacture of toothpaste | Kaadan &Sioufi
|
5 | 11/5/2010 | Sodium Fluoride
| 50 | 345 | One shipment of 50kg on 16/8/2010
| Manufacture of toothpaste | MADA for Industry & Commerce
|
6 | 17/1/2012 | Sodium Fluoride
| 1,000 | 10,000 | No shipments made
| Metal finishing of aluminium profiles for aluminium showers, window frames
| Awad Ammora Co. & Partners, Nashabia, Damascus, Syria
|
7 | 18/1/2012 | Potassium fluoride
| 1,000 | 10,200 | No shipments made
| Metal finishing of aluminium profiles for aluminium showers, window frames
| Awad Ammora Co. & Partners, Nashabia, Damascus, Syria
|
Sources: Written Answer from the Business Minister
Mark Prisk to the Chairman of CAEC, Sir John Stanley, on 27 March
2012, col. 1137W and the letters from Secretary of State for Business,
Innovation and Skills, Vince Cable, to the Chairman of CAEC, Sir
John Stanley, dated 4 October 2013 (Ev w162) and 11 October 2013
(Ev w173).
Please could you provide the name of the company
which was given the Government export licence approval in each
case.[485]
The Business Secretary's reply of 25 March 2014 providing
the names of the companies concerned was marked "CONFIDENTIAL"
and cannot therefore be published.
517. The Chairman of the Committees wrote to the
Foreign Secretary on 24 April 2014 requesting clarification about
the Government's refusal to release information about what precursor
chemicals that have been or could be used for the manufacture
of chemical weapons had been declared by the Syrians. The text
of the letter was as follows:
In the Oral Evidence you gave to the Foreign
Affairs Committee on March 18 on Syria, we had the following exchange:
Q19 Sir John Stanley "Foreign Secretary,
you will be aware that the Committees on Arms Export Controls,
of which this Committee is a part, has been pursuing the issue
of the precursor chemicals for which British Government export
licence approval was given between 2004 and 2012precursor
chemicals that could be used in the manufacture of sarin. Subsequently,
in the reports that have been made by the OPCW [Organisation of
Prohibited Chemical Weapons] of the Syrian declarations of chemical
weapons, there are references to precursor chemicals for the manufacture
of chemical weapons. Could you, by letter to the Committee, give
us the information that is available to your Department as to
precisely which precursor chemicals that have been or could be
used for the manufacture of chemical weapons have now been declared
by the Syrians?"
Mr Hague: "Yes, absolutely. I will
update the Committee on that, particularly if there is any new
information. I will update the Committee in any case."
Notwithstanding your reply, you declined to provide
the information I had requested. In your follow-up letter to the
Chairman of the Foreign Affairs Committee you said: "Sir
John Stanley asked for details of precursor chemicals that have
been or could be used for the manufacture of chemical weapons
that have now been declared by the Syrians. This information is
proliferation sensitive and classified under the Chemical Weapons
Convention's confidentiality regime, so I cannot include it in
a letter."
I fail to understand how the withholding of this
information can be justified on grounds of confidentiality given
the following two factors.
First, the precursor chemicals that can be used
for the manufacture of chemical weapons have been put by Governments
into the public domain internationally for many years. For example
they are listed in EU Council Regulation (EC) No 2432/2001 of
20 November 2001 amending and updating Regulation (EC) No 1334/2000
setting up a Community regime for the control of exports of dual-use
items and technology and are also listed in the Australia Group
Export Control List: Chemical Weapons Precursors.
Second, Ministers have already put a substantial
quantity of detailed information into the public domain on the
Government's approval of exports of dual-use chemicals to Syria
in the period 2004 - 2012 as set out in the Table I attached to
my letter of 6 March to the Secretary of State for Business, Innovation
and Skills, a copy of which I attach for convenience.
In the light of these factors I should be grateful
if you would reconsider your position of refusing to make public
to the Committees on Arms Export Controls as to precisely which
precursor chemicals that have been or could be used for the manufacture
of chemical weapons, have now been declared by the Syrians.[486]
[The table attached to the Chairman's letter to the
Foreign Secretary is that in paragraph 516 above.]
The Foreign Secretary replied on 4 June 2014 as follows:
In your letter of 24 April you asked me to make
public which precursor chemicals that have been or could be used
for the manufacture of chemical weapons have been declared by
the Syrian regime.
As my earlier response made clear, the information
provided by Syria in its declarations to the OPCW is classified
under the Chemical Weapons Convention's confidentiality regime.
"Each State Party shall treat information
which it receives from the Organisation in accordance with the
level of confidentiality established for that information."
All declarations received by the OPCW are confidential.
For operational reasons and with Syria's agreement
the OPCW have put some of this information into the public domain.
I attach a table with these details.
Full details of the chemicals listed in the Syrian
declaration were provided to you by officials at a confidential
briefing on 29 April.
My officials are seeking OPCW agreement that
further information contained in the Syrian declaration can be
placed in the public domain.[487]
Annex
| CHEMICAL NAME
| QUANTITY TO BE DESTROYED (metric tonnes)
|
1 |
TRIETHYLAMINE
| 30 |
2 |
TRIMETHYL PHOSPHITE (TMP)
| 60 |
3 |
DIMETHYL PHOSPHITE (DMP)
| 5 |
4 |
MONOISOPROPYLAMINE
| 40 |
5 |
DI-ISOPROPYL AMINOETHANOL
| 5 |
6 |
2-CHLOROETHANOL
| 5 |
7 |
BUTAN-1-OL
| 5 |
8 |
METHANOL |
3 |
9 |
HYDROGEN FLUORIDE
| 60 |
10 |
PHOSPHORUS PENTASULPHIDE
| 10 |
11 |
PHOSPHORUS TRICHLORIDE
| 30 |
12 |
PHOSPHORUS OXYCHLORIDE
| 15 |
13 |
HYDROCHLORIC ACID
| 45 |
14 |
PROPAN-2-OL
| 120 |
15 |
HEXAMINE |
80 |
16 |
SODIUM-O-ETHYL METHYL PHOSPHONOTHIONATE
| 130 |
17 |
N (2-CHLOROETHYL)-N- ISOPROPYL PROPAN-2-AMINE (SALT)
| 40 |
18 |
N (2-CHLOROETHYL)-N- ISOPROPYL PROPAN-2-AMINE (SOLUTION 23-64%)
| 90 |
19 |
N (2-CHLOROETHYL)-N-ETHYL PROPAN 2 AMINE (SOLUTION 23-64%)
| 25 |
518. In his letter to the Chairman of the Committees of 25 March
2014 the Business Secretary stated that there were 3 companies
which had been given approval to export dual-use chemicals to
Syria since 2004 - 2 companies in the period 2004-2010 and a further
company in 2012. The Committees were required by the Business
Secretary to keep the names of the companies "CONFIDENTIAL".
The Committees took Oral Evidence on 12 May 2014 from two of these
companies who were given Government approval to export dual-use
chemicals to Syria in the period 2004-2010. The evidence was taken
"in camera" in accordance with the pre-condition stipulated
by the Business Secretary, Vince Cable, before he agreed to give
the companies names to the Committees. Both of these companies
turned out to be brokers rather than manufacturers of chemicals
in the UK with both companies having single-figure numbers of
staff in this country.
519. The Committees used their best endeavours to
take Oral Evidence from the third company to whom the Business
department, at official level only, had given approval in January
2012 to export the dual-use chemicals sodium fluoride and potassium
fluoride to Syria both of which can be used as precursor
chemicals in the manufacture of chemical weapons. However, the
company concerned appears currently to have only one member of
staff in the UK working as a Personal Assistant. The executive
from whom the Committees sought to take evidence was stated by
the company not to be in the UK during the entire period from
the receipt of the Business Secretary's letter in March 2014 to
the finalisation of the Committees' Report in July. The Committees
were therefore unable to take evidence from the company in question.
The company appears to be a "Brass Plate" company.
520. On 9 July 2014 the Foreign Secretary made a
Written Ministerial Statement as follows:
The Historical Role of UK Companies
in Supplying Dual Use Chemicals to Syria
The Secretary of State for Foreign and Commonwealth
Affairs (William Hague): Following Syria's accession to the
Chemical Weapons Convention (CWC) last year, and as part of the
process to eliminate its chemical weapons (CW) programme, Syria
provided a confidential declaration to the Organisation for the
Prohibition of Chemical Weapons (OPCW) which lists a number of
states from which it obtained supplies of goods used in its CW
programme.
The information in Syria's declaration
is classified under the terms of the CWC. However, I wish to inform
the House that a review of our own files suggests that there were
a number of exports of chemicals to Syria by UK companies between
1983 and 1986 which were likely to have been diverted for use
in the Syrian programme.
These exports were:
- several
hundred tonnes of the chemical dimethyl phosphite (DMP) in 1983
and a further export of several hundred tonnes in 1985;
- several
hundred tonnes of trimethyl phosphite (TMP) in 1986;
- a smaller
quantity of hydrogen fluoride (HF) in 1986 through a third country.
All these chemicals have legitimate uses, for example in the manufacture
of plastics and pharmaceuticals. However, they can also be used
in the production of sarin. DMP and TMP can also be used
for the production of the nerve agent VX. That is why the export
of such goods is strictly prohibited under the UK export regime
introduced since the 1980s and progressively strengthened.
From the information we hold, we judge it likely that these chemical
exports by UK companies were subsequently used by Syria in their
programmes to produce nerve agents, including sarin.
Some of the companies involved no longer exist. Furthermore, some
of the chemicals in question may have been sourced by a UK chemical
trader, rather than produced in the UK.
The review of our records also confirmed an export of ventilation
fans by a UK company to Syria in 2003. The fans were not
controlled goods. Following an enquiry by the exporter,
officials considered the export under licensing procedures, and
insufficient grounds for refusal were found. Syria appears
to have diverted these fans for use in a chemical weapons facility.
In the early 1980s, the exported chemicals were not subject to
any international or UK export controls. However, knowledge
of these exports, and growing concerns that Iraq under Saddam
Hussein was developing a chemical weapons capability, helped prompt
the introduction of tighter controls, both in the UK and internationally.
The Export of Goods (Control) Order was amended
to control DMP in July 1985, and TMP and HF in June 1986.
There has been a complete overhaul of export control legislation,
policy and practice since the 1980s, designed to ensure that such
exports could not happen today. The UK operates a robust export
control regime, and takes international obligations on this issue
very seriously.
Key instruments and legislation include:
- The Chemical
Weapons Convention. The Chemical Weapons Act 1996 implements the
provisions of the Convention which imposes specific controls on
the transfer of certain chemicals including DMP and TMP.
- The development
of the Australia Group, of which the UK was an original member
in 1985. As a matter of routine, all changes to the Australia
Group control lists are reflected in UK national export controls.
It controls trade in HF as well as DMP and TMP.
- The Export
Control Act 2002. Replacing legislation passed in 1939, the current
legislation provides for controls on the export and brokering
of listed goods and technologies, in addition to controls on unlisted
items where it is believed they may be intended for use in weapons
of mass destruction programmes.
Furthermore, the EU has developed EU wide controls on the export
of dual use goods, including chemicals. Our ability to control
exports is underpinned by the Consolidated EU and National Arms
Export Licensing Criteria, adopted by the UK in 2000 and updated
in March 2014. The Criteria set a clear basis for the assessment
of export licences. This is undertaken on a case by case basis
taking account of all available information.
Today, the UK is playing its full part in the international effort
to eliminate Syria's programme. As the House is already
aware, the UK is accepting 150 tonnes of B precursors from the
Syrian chemical stockpile for destruction. I can today also
inform the House that in addition to those chemicals, a further
50 tonnes of the industrial chemicals hydrogen chloride and hydrogen
fluoride will also be destroyed in specialised commercial facilities
in the UK. We expect the ship transporting all these chemicals
to arrive in the UK next week. The Members of Parliament in whose
constituencies destruction will take place have been informed.[488]
521. I propose that the Committee conclude that
given the fact that Syria was a known holder of chemical weapons
and a known non-signatory of the Chemicals Weapons Convention,
banning the manufacture or use of chemical weapons, and given
also the nature of the Assad regime, the decision of the previous
Government to give 5 export licence approvals for a dual-use chemical
to Syria between July 2004 and May 2010 was highly questionable.
522. I propose that the Committees further conclude
that the decision of the present Government to give 2 export licence
approvals for dual-use chemicals to Syria in January 2012 after
the civil war had started in Syria in 2011 was irresponsible.
523. I propose that the Committees also conclude
that given that:
a) Syria was a known holder of chemical weapons;
b) that Syria was a known non-signatory of
the Chemical Weapons Convention;
c) the nature of the Assad regime;
d) that a civil war was raging in Syria;
e) that sodium and potassium fluoride were
both listed by the Australia Group and the EU in its Dual-Use
Regulations as precursor chemicals in the manufacture of chemical
weapons; and
f) the company concerned appears to be a "Brass
Plate " one
the present Government's claim that at the time
the two dual-use chemical export licences for sodium fluoride
and potassium fluoride to Syria were approved in January 2012
"there were no grounds for refusal" is grossly inaccurate.
524. I propose that the Committees also conclude
that, given the factors a) to f) in paragraph 523 above, there
was a serious failure of due process within the Department of
Business, Innovation and Skills in that neither of the licence
applications for the export of sodium fluoride or potassium fluoride
to Syria in January 2012 was put to Ministers for approval.
525. I propose that the Committees conclude that
the arguments advanced by the Government against the Committees
taking evidence from the dual-use chemical export licence applicant
companies in public were either invalid or outweighed by the public
interest that parliamentary proceedings should be conducted in
public unless there are compelling reasons for not doing so.
526. I propose that the Committees recommend that
the Government should state in its Response whether it will adopt
a policy of a very strong presumption against approving licence
applications for dual-use chemical exports to countries that:
a) are known holders of chemical weapons;
b) have not signed and ratified the Chemical
Weapons Convention; and
c) are not participating in an Organisation
for the Prohibition of Chemical Weapons-verified destruction programme.
and for any proposals to approve such licence
applications being put to Ministers for decision.
527. I propose that the Committees further recommend
that the Government states in its Response whether the OPCW has
agreed that further information contained in the Syrian declaration
of its chemical weapons and the chemicals used, including precursor
chemicals, in their manufacture can be placed in the public domain,
and, if so, to provide the Committees with that information.
528. Following the Written Ministerial Statement
made by the Foreign Secretary on 9 July 2014 on "The Historical
Role of UK Companies in Supplying Dual Use Chemicals to Syria",
the Committees also recommend that the Government stets in its
response whether the existing export controls over dual-use chemicals
need to be widened and strengthened, and, if so, in what ways.
UZBEKISTAN
529. The Committees' previous scrutiny of arms exports
to Uzbekistan can be found at paragraphs 501-504 in Volume II
of the Committees' previous Report (HC 205), and the Committees'
Recommendation at paragraph 122 of the Report.
530. The Committees' Recommendation on Uzbekistan
in their 2013 Report (HC 205) and the Government's Response
(Cm8707) were as follows:
The Committees' Recommendation:
The Committees recommend that the Government
in its Response to this Report states whether it is satisfied
that none of the 19 extant UK export licences to Uzbekistan or
any goods on the Strategic Exports Control lists gifted, or planned
to be gifted, to Uzbekistan:
a) contravenes the Government's stated policy
that: "We will not issue licences where we judge there is
a clear risk that the proposed export might provoke or prolong
regional or internal conflicts, or which might be used to facilitate
internal repression"; or
b) is currently in contravention of
any of the arms exports Criteria set out in the UK's Consolidated
Criteria and the EU Common Position.[489]
The Government's Response:
The Government is satisfied that none of the
currently extant licences for Uzbekistan contravenes its policy
as outlined in paragraph 46 above [see the Government's Response
to the Consolidated Criteria and EU Common Position above]. However,
as was shown during the Arab Spring, circumstances can and do
rapidly change, leading to a reassessment of risk and, in some
cases, a different decision using the same criteria. In such cases
the Government would revoke the licence. The Government's answers
to the Committees' Quarterly Questions, which can be found at
Volume 2, Annex 1 of the Committees' Annual Report, provide more
detail about individual licences.
As stated in the Government's Annual Report on
Strategic Export Controls published on 12 July, "As a matter
of policy, all proposals to gift controlled military equipment
are assessed against the Consolidated EU and National Arms Export
Licensing Criteria by relevant Government departments in the same
way as commercial applications and to the same degree of rigour."
Therefore the Government is satisfied that no gifting package,
or planned gifting package, contravenes its policy as outlined
in paragraph 46 above [see the Government's Response to the Consolidated
Criteria and EU Common Position above].[490]
531. I propose that the Committees recommend that
the Government states in its Response the reasons it considers
its approved extant arms export licences to Uzbekistan for body
armour and components for body armour are currently compliant
with the following of the Government's Arms Export Licencing Criterion:
Two.
YEMEN
532. The Committees' previous scrutiny of arms exports
to Yemen can be found at paragraphs 455-460 in Volume II of the
Committees' previous Report (HC 205), and the Committees' Recommendation
at paragraph 112 of the Report.
533. The Committees' Recommendation on Yemen in their
2013 Report (HC 205) and the Government's Response (Cm8707)
were as follows:
The Committees' Recommendation:
The Committees recommend that the Government
in its Response to this Report states whether it is satisfied
that neither of the 10 extant UK export licences to Yemen:
contravenes the Government's stated policy that:
"We will not issue licences where we judge there is a clear
risk that the proposed export might provoke or prolong regional
or internal conflicts, or which might be used to facilitate internal
repression"; or
is currently in contravention of any of the arms
exports Criteria set out in the UK's Consolidated Criteria and
the EU Common Position
including the extant licence to Yemen for body
armour.[491]
The Government's Response:
The Government is satisfied that none of the
currently extant licences for Yemen contravenes its policy as
outlined in paragraph 46 above [see the Government's Response
to the Consolidated Criteria and EU Common Position above]. However,
as was shown during the Arab Spring, circumstances can and do
rapidly change, leading to a reassessment of risk and, in some
cases, a different decision using the same criteria. In such cases
the Government would revoke the licence. The Government's answers
to the Committees' Quarterly Questions, which can be found at
Volume 2, Annex 1 of the Committees' Annual Report, provide more
detail about individual licences.[492]
534. I propose that the Committees recommend that
the Government states in its Response the reasons it considers
its approved extant arms export licences to Yemen for acoustic
devices for riot control, assault rifles, body armour, components
for assault rifles and components for body armour are currently
compliant with the following of the Government's Arms Export Licencing
Criterion: Two.
Extant arms export licences to
the 5 Additional Countries of concern to the Committees
535. In addition to the Foreign and Commonwealth
Office's 28 Countries of Human Rights concern listed in the FCO's
Human Rights Annual Report 2013 (Cm8842) published in April 2014,
the Committees have concerns about arms export to 5 additional
countries - Argentina, Bahrain, Egypt, Tunisia and Ukraine.
536. Specific evidence given to the Committees in
relation to these 5 countries and the Committees' Conclusions
and Recommendations in relation to those countries follow immediately
below.
ARGENTINA
537. On 26 April 2012, the Business Secretary, Vince
Cable, announced a tightening of arms export controls to Argentina
in a Written Ministerial Statement. The Business Secretary's Written
Ministerial; Statement was as follows:
The Secretary of State for Business, Innovation
and Skills (Vince Cable):
I would like to inform the House of a change
of policy on the licensing of exports of, and trade by British
persons (trafficking and brokering) in, controlled goods and technology
to military end-users in Argentina. Previous policy dating from
1998 required the refusal of licences for exports and trade which
would enhance Argentine military capabilities but permitted licences
for goods which maintained existing capability. In practice this
has meant the authorisation of the export and trade of components
for maintenance purposes.
The Government have reviewed this policy in the
light of recent actions by the Argentine Government aimed at harming
the economic interests of the Falkland Islanders. We are determined
to ensure that no British licensable exports or trade have the
potential to be used by Argentina to impose an economic blockade
on the Falkland Islanders or inhibit their legitimate rights to
develop their own economy.
New restrictions on the export and trade of licensable
goods with the Argentine military will now be introduced with
immediate effect. In future no licences shall be granted for any
military or dual-use goods and technology being supplied to military
end-users in Argentina, except in exceptional circumstances. We
will review extant licences for military goods to the Argentine
armed forces with a view to revoking any that are not consistent
with the revised policy. This decision will not affect licences
for items intended for end-users other than the Argentine military.
[493]
538. The Committees' previous scrutiny of arms exports
to Argentina can be found at paragraphs 469-478 in Volume II of
the Committees' previous Report (HC 205), and the Committees'
Conclusion and Recommendation at paragraphs 115 and 116 of the
Report.
539. The Committees' Conclusion and Recommendations
on Argentina in their 2013 Report (HC 205) and the Government's
Response (Cm8707) were as follows:
The Committees' Conclusion and Recommendation:
The Committees conclude that it is reprehensible
that the Government, given the relatively recent history of British
ships being sunk in the Falklands War by missiles supplied by
a fellow NATO member and the statement by the Argentinian Foreign
Minister, as reported on 5 February 2013, regarding Argentinian
control of the Falkland Islands, when he said "I don't think
it will take another 20 years", is unwilling to lobby other
Governments to make the same change in arms exports policy to
Argentina as that announced by the British Government on 26 April
2012. The Committees recommend that the Government should do so.[494]
The Government's Response:
The Government notes the Committees conclusion
but questions its recommendation. Our policy remains as stated
in the Foreign Secretary's letter of 6 December 2012 and as reiterated
by him at the Oral Evidence Session with the Committees on 19
December 2012.[495]
[The policy stated by the Foreign Secretary
in his letter of 6 January 2012 was as follows:
There is no UN, EU or any other international
embargo against arms exports to Argentina. Therefore states would
consider any exports to Argentina in the light of their own export
controls and decide whether to approve export of such equipment.
As stated in Cm 8441, the Government encourages all countries
to take a responsible approach to export licensing and would expect
them to take the Argentine government's actions into consideration
when assessing applications.[496]
[In Oral Evidence on 19 December 2012 the Foreign
Secretary said:
"Our policy was changed in response to the
steady change in Argentine actions, which have been aimed at harming
the economic interests of the Falkland Islands. We have a particular
interest in that as the United Kingdom. We expect all countries
to take the actions of the Argentine Government into account when
considering export licence applications, but they have to make
their own assessments of that.
Let us take Spain, for example. I just take
this for the sake of argumentI do not know whether Spain
exports any relevant equipment to Argentina that they should not
export to Argentina. It would be a long argument for no particular
benefit. I do not think that other EU countries would readily
adopt this position, nor are there exports on a huge scalefrom
what one can seeto Argentina at the moment, so I do not
think that that would be a very productive use of our time, as
things stand."[497]]
The Committees' Recommendation:
The Committees recommend that the Government
in its Response to this Report states whether it is satisfied
that none of the 57 extant UK export licences to Argentina:
a) contravenes the Government's stated policy
that: "We will not issue licences where we judge there is
a clear risk that the proposed export might provoke or prolong
regional or internal conflicts, or which might be used to facilitate
internal repression"; or
b) is currently in contravention of any of
the arms exports Criteria set out in the UK's Consolidated Criteria
and the EU Common Position
including those extant licences to Argentina
for: cryptographic software, equipment employing cryptography,
equipment for the development of equipment employing cryptography,
software for the development of equipment employing cryptography,
technology for the development of equipment employing cryptography,
software for the use of equipment employing cryptography, software
for equipment employing cryptography and technology for equipment
employing cryptography.[498]
The Government's Response:
The Government is satisfied that none of the
currently extant licences for Argentina contravenes its policies
both as outlined in paragraph 46 above [see the Government's Response
to the Consolidated Criteria and EU Common Position above] and
as announced on 26 April 2012. However, as was shown during the
Arab Spring, circumstances can and do rapidly change, leading
to a reassessment of risk and, in some cases, a different decision
using the same criteria. In such cases the Government would revoke
the licence. The Government's answers to the Committees' Quarterly
Questions, which can be found at Volume 2, Annex 1 of the Committees'
Annual Report, provide more detail about individual licences.[499]
540. Following publication of the Government's United
Kingdom Strategic Export Controls Annual Report 2012 the Committees
wrote to the Government asking two questions about Argentina.
The questions and answers were as follows:
The Committees' question:
How is the Secretaries of State's statement that
"43 licences for Argentina were subsequently revoked but
the licensing of exports for purely commercial or private use
has continued" [[500]]
to be reconciled with the Government's approval after the 43 licence
revocations in 2012 of export licences to Argentina for SIELs
for small arms ammunition, equipment employing cryptography, software
for equipment employing cryptography and OIELs for cryptographic
equipment.
All licences for Argentina issued after 26 April
2012 took into account the policy announced by the Business Secretary
on that date as well as the Consolidated Criteria. This is addressed
in detail on pages 7 and 17 of the Annual Report. Licences for
the equipment quoted above were for commercial and private end
use.[501]
The Committees' question:
Why was the value of arms export licences to
Argentina in 2012 nearly 5 times greater than it was in 2011,
notwithstanding the fact that in April 2012 the Business Secretary
announced that the Government would no longer grant licences for
any military or dual-use goods and technology for military end-users
in Argentina, other than in exceptional circumstances?
The value of export licences issued for military
list goods was several times smaller in 2012 than in 2011 as a
result of the policy specifically directed at military end users.
The export of dual-use and military list goods to civil and commercial
end users was unaffected by the policy.[502]
541. I propose that the Committees continue to
conclude that it is reprehensible that the Government, given the
relatively recent history of British ships being sunk in the Falklands
War by missiles supplied by a fellow NATO member and the statement
by the Argentinian Foreign Minister, as reported on 5 February
2013, regarding Argentinian control of the Falkland Islands, when
he said "I don't think it will take another 20 years",
is unwilling to lobby other Governments to make the same change
in arms exports policy to Argentina as that announced by the British
Government on 26 April 2012. The Committees recommend that
the Government should do so.
542. I propose that the Committees recommend that
the Government states in its Response which other NATO member
countries, and other arms exporting countries to Argentina have
now made the same change in arms exports policy to Argentina as
that announced by the British Government on 26 April 2012.
543. Following the Government's arms exports Quarterly
Report for July-September 2013, the Committees put the following
questions to the Government regarding exports to Argentina:
Given the current political tensions between
the United Kingdom and Argentina and the Foreign Secretary's letter
to the Chairman of 26 April 2012, the Committees wish know why
was an OIEL including artillery ammunition, components for artillery,
components for combat naval vessels, components for decoying/countermeasure
equipment, components for launching/handling/control equipment
for missiles, components for launching/handling/control equipment
for munitions, components for military electronic equipment, components
for military guidance/navigation equipment, components for military
radars, components for naval communications equipment, components
for naval electrical/electronic equipment, components for naval
engines, components for naval gun installations/mountings, components
for naval guns, components for weapon control equipment, decoying/countermeasure
equipment, general naval vessel components, launching/handling/control
equipment for missiles, launching/handling/control equipment for
munitions, military communications equipment, military electronic
equipment, military guidance/navigation equipment, military radars,
naval communications equipment, naval electrical/electronic equipment,
signalling devices, smoke canisters, smoke/pyrotechnic ammunition,
technology for artillery, technology for combat naval vessels,
technology for decoying/countermeasure equipment, technology for
general naval vessel components, technology for launching/handling/control
equipment for missiles, technology for launching/handling/control
equipment for munitions, technology for military communications
equipment, technology for military electronic equipment, technology
for military guidance/navigation equipment, technology for military
radars, technology for naval communications equipment, technology
for naval electrical/electronic equipment, technology for naval
engines, technology for naval gun installations/mountings, technology
for naval guns, technology for signalling devices, technology
for smoke canisters, technology for weapon control equipment,
training artillery ammunition and weapon control equipment approved?
The Government response was:
The OIEL was approved because all items in
the licence are for the sole use of a non-Argentinean naval mission
and are not to be re-exported or sold for export to a Third Party.
We had no Criteria concerns.
I propose that the Committees recommend that the
Government in its Response explains:
a) what use the non-Argentinian naval mission
has for items such as artillery ammunition and components for
artillery;
b) how export approval of the above goods
for export to Argentina can be reconciled with the Business Secretary's
change of policy on arms exports to Argentina in his Written Ministerial
Statement of 26 April 2012 in which he said: "In future no
licences will be granted for military or dual-use goods for military
end users in Argentina unless there are compelling exceptional
reasons to do so"; and
c) why the Government approved the above goods
to be exported to Argentina rather than to the country of the
non-Argentinian naval mission referred to.
BAHRAIN
544. The Committees' previous scrutiny of arms exports
to Bahrain can be found at paragraphs 388-397 in Volume II of
the Committees' previous Report (HC 205), and the Committees'
Recommendation at paragraph 101 of the Report.
545. The Committees' Recommendation on Bahrain in
their 2013 Report (HC 205) and the Government's Response
(Cm8707) were as follows:
The Committees' Recommendation:
The Committees recommend that the Government
in its Response to this Report states whether it is satisfied
that none of the 105 extant UK export licences to Bahrain:
a) contravenes the Government's stated policy
that: "We will not issue licences where we judge there is
a clear risk that the proposed export might provoke or prolong
regional or internal conflicts, or which might be used to facilitate
internal repression"; or
b) is currently in contravention of any of
the arms exports Criteria set out in the UK's Consolidated Criteria
and the EU Common Position
including those extant licences to Bahrain for
cryptographic software, components for equipment employing cryptography,
equipment employing cryptography, software for the use of equipment
employing cryptography, technology for the use of equipment employing
cryptography, technology for the use of cryptographic software,
components for small arms ammunition, small arms ammunition, command
communications control and intelligence software, technology for
command communications control and intelligence software, software
for the use of equipment employing cryptography, assault rifles,
components for assault rifles, components for military communications
equipment, military communications equipment, software for military
communications equipment, technology for military communications
equipment, components for pistols, pistols, weapon sights, components
for machine guns, gun mountings, machine guns, gun silencers and
weapon sight mounts.[503]
The Government's Response:
The Government is satisfied that none of the
currently extant licences for Bahrain contravenes its policy as
outlined in paragraph 46 above [see the Government's Response
to the Consolidated Criteria and EU Common Position above]. As
was shown in Bahrain itself during 2011, circumstances can and
do rapidly change, leading to a reassessment of risk and, in some
cases, a different decision using the same criteria. In such cases
the Government would revoke the licence. The Government's answers
to the Committees' Quarterly Questions, which can be found at
Volume 2, Annex 1 of the Committees' Annual Report, provide more
detail about individual licences.[504]
546. In the Westminster Hall debate on 21 November
2013 the Chairman of the Committees raised the issue of arms exports
to Bahrain when he said:
I do not need to recite the serious human rights
abuses that took place in Bahrain in the wake of the Arab spring.
They have been well documented and were all too observable by
any and all of us on television, where we saw police vehicles
being driven towards and into those demonstrating peacefully in
Bahrain. Against that same human rights background, it is extraordinary
that the Government's existing approved arms export licences to
Bahrain include licences for small arms ammunition, pistols, gun
silencers, assault rifles and machine guns, to cite just a few
of 105 extant Government-approved arms export licences to Bahrain.[505]
In responding to the debate the BIS Minister, Michael
Fallon, said:
Since the events of the Arab spring, the Government
continue to monitor the situation in Bahrain closely. We assess
all export licence applications case by case against the consolidated
and the national criteria. The assessment considers all those
factors, including the risk of the proposed exports being used
for internal repression and in any developing internal tensions.
Since February 2011, we have approved a number
of licences for the Bahrain air force, navy and defence force
where we have been satisfied that there is no clear risk of items
being used in human rights abuses or internal repression. We have
refused licences for the Bahrain internal security forces where
we have not been satisfied about the risk in respect of internal
repression.
We reacted quickly to the events of the Arab
spring in 2011, reviewing all licences to Bahrain and revoking
those no longer in line with the criteria. In total, 23 single
licences and seven open licences were revoked.[506]
547. I propose that the Committees recommend that
the Government states in its Response the reasons it considers
its approved extant arms export licences to Bahrain for anti-riot/ballistic
shields, assault rifles, components for assault rifles, components
for gun mountings, components for machine guns, components for
military communications equipment, components for pistols, components
for sporting guns, equipment employing cryptography, equipment
for the use of assault rifles, equipment for the use of machine
guns, equipment for the use of military communications equipment,
general military vehicle components, gun mountings, gun silencers,
hand grenades, machine guns, military communications equipment,
pistols, small arms ammunition, sniper rifles, software for equipment
employing cryptography, software for telecommunications jamming
equipment, sporting guns, technology for military communications
equipment, technology for the use of equipment employing cryptography,
telecommunications jamming equipment, weapon night sights and
weapon sights are currently compliant with the following of the
Government's Arms Export Licencing Criteria: Two, Four, and Seven.
EGYPT
548. The Committees' previous scrutiny of arms exports
to Egypt can be found at paragraphs 398-403 in Volume II of the
Committees' previous Report (HC 205), and the Committees' Recommendation
at paragraph 102 of the Report.
549. The Committees' Recommendation on Egypt in
their 2013 Report (HC 205) and the Government's Response
(Cm8707) were as follows:
The Committees' Recommendation:
The Committees recommend that the Government
in its Response to this Report states whether it is satisfied
that none of the 134 extant UK export licences to Egypt:
a) contravenes the Government's stated policy
that: "We will not issue licences where we judge there is
a clear risk that the proposed export might provoke or prolong
regional or internal conflicts, or which might be used to facilitate
internal repression"; or
b) is currently in contravention of any of
the arms exports Criteria set out in the UK's Consolidated Criteria
and the EU Common Position
including those extant licences to Egypt for
cryptographic software, components for equipment employing cryptography,
equipment employing cryptography, software for the use of equipment
employing cryptography, technology for the use of equipment employing
cryptography, technology for the use of cryptographic software,
technology for the use of software for the use of equipment employing
cryptography, software for military communications equipment,
technology for the use of software for military communications
equipment, body armour, military helmets, components for military
combat vehicles, components for pistols, pistols, acoustic devices
for riot control, components for body armour, components for military
communications equipment, assault rifles, components for assault
rifles, components for sniper rifles, small arms ammunition, sniper
rifles, weapon sights, components for machine guns, combat shotguns,
components for rifles, rifles, general military vehicle components,
ground vehicle military communications equipment, components for
ground vehicle military communications equipment and military
communications equipment.[507]
The Government's Response:
In light of the changing circumstances in Egypt,
five licences were revoked on 19 July [2013]. Details of these
licences can be found below. The actions of the military and police
in crowd control and the possibility of further clashes indicated
a real likelihood that some exports might be used for internal
repression and therefore we reviewed all extant licences for Egypt
in line with long-standing Government policy.
Annual Report Summary
| Rating
| Reason for revocation
|
Components for military communications equipment
| ML11
| Criterion 2
|
Components for machine guns
| ML1a
| Criterion 2
|
Components for machine guns
| ML1a
| Criterion 2
|
Ground vehicle military communications equipment
| ML6a
| Criterion 2
|
Ground vehicle military communications equipment
| ML6a
| Criterion 2
|
[A complete list of all the Government's Revocations, suspensions,
un-suspensions and re-instatements of arms exports licences to
Egypt are at Annex 11.]
As referred to in paragraph 94 above [see the Government's
Response to the Government's Arab Spring arms export policy review
above], the Government also suspended 48 licences on 28 August
as a result of the EU agreement of 21 August which announced the
suspension of exports which might be used for internal repression.
These licences were for a wide range of equipment including spares
for helicopters and aircraft, specialist software and communications
equipment.
There remain many extant licences for Egypt but
the Government is satisfied that these licences do not contravene
a) and b) above. The Government's answers to the Committees' Quarterly
Questions, which can be found at Volume 2, Annex 1 of the Committees'
Annual Report, provide more detail about individual licences.[508]
550. On 30 July 2013 the Business Secretary, Vince
Cable, wrote to the Chairman of the Committees to update the Committees
on a number of issues prior to the release of the Government's
official response to the Committees' last report (HC 205). The
section of the letter relating to licence revocations to Egypt
was as follows:
Export Licence revocations for Egypt
As I announced on 19 July I have revoked 5 export
licences for Egypt. This followed a review of all extant licences
for Egypt in the light of the recent actions of the military and
police in crowd control and the possibility of further violent
clashes in which the military will play an active role. While
at the time the licences were granted they were assessed to be
fully consistent with the Consolidated Criteria we judge that
there is now a clear risk that the specific equipment in the 5
revoked licences might contribute to internal repression.
The revoked licences were for armoured personnel
carrier components, radios and base station, vehicle aerials,
machine gun components, components for tracked armoured fighting
infantry vehicles and communications equipment for tanks. The
armoured personnel carrier components were for the Ministry of
Interior, the other equipment was for the Egyptian Ministry of
Defence and the Army. The Annex to this letter identifies the
5 specific licences that have been revoked.
The Government did consider a suspension of licensing
for Egypt. However it was decided that we were still able to make
informed assessments against the Criteria and therefore a suspension
was unnecessary.
Annex - Export Licence Revocations for Egypt
Four of the revoked licences were include in the
list of extant licences provided to the Committees on 10 May 2013
and reproduced on page Ev 570 of Vol II of the Committees report,
as follows:
Application Type
| Goods (Egypt) | Total Goods Value (£)
|
SIEL (Permanent) | components for machine guns
| 128,662 |
SIEL (Permanent) | components for machine guns
| 181,820 |
SIEL (Permanent) | ground vehicle military communications equipment
| 142,880 |
SIEL (Permanent) | ground vehicle military communications equipment
| 764,850 |
The fifth revoked licence was for supply of components to Germany
for incorporation into other equipment that was ultimately to
be supplied to Egypt:
Application Type | Goods (Egypt)
| Total Goods Value (£) |
SIEL (Permanent) | ground vehicle military communications equipment
| 3050 |
551. On 23 August 2013 the Export Control Organisation, Department
for Business, Innovation and Skills, issued a Notice to Exporters
announcing that on 21 August, in response to increasing levels
of violence in Egypt, the member States of the European Union
had agreed to suspend all export licensing to Egypt for equipment
which might be used for internal repression. The Notice stated
that ECO was currently reviewing extant licences to determine
which ones considered to be for equipment that might be used for
internal repression, and therefore subject to suspension.[510]
On 28 August ECO issued a further Notice to Exporters, announcing
the suspension of export licensing for Egypt of any equipment
which might be used for internal repression. It stated that following
an initial review ECO had suspended 48 extant licences for Egypt.[511]
552. On 10 September the Business Secretary again
wrote to the Chairman of the Committees, providing more information
relating to the suspension of export licensing to Egypt. The relevant
section of his letter was as follows:
Suspension of export licensing for Egypt
At the Foreign Affairs Council on the 21 August
EU Member States agreed to suspend export licensing for any equipment
which might be used for internal repression and to reassess export
licences of equipment covered by Common Position 2008/944/CFSP.
Following advice from the FCO we moved quickly
to suspend 48 extant licences (the initial figure was 49 but one
was reinstated following investigation). These licences cover
a wide range of equipment, including spares for helicopters and
other aircraft, specialist software and communications equipment.
This followed a decision in July to revoke five licences for crowd
control equipment. In addition we have republished a number of
Open General Export licences to exclude Egyptian end users.
The suspension applies to new licence applications
as well as extant ones and will continue until further notice.
This has been communicated directly to the licence holders affected
by the suspension and there have been wider communications through
a BIS press statement and an ECO Notice to Exporters.
We are now assessing whether any of the suspended
licences should be permanently revoked. I expect advice on this
in the near future.
The application of the licensing suspension is
wide and all activities of the Egyptian Army, Air Force and Internal
Security Forces or Ministry of the Interior are being interpreted
as ones which might, at this time, involve internal repression.
This reflects the decision of the FAC [the EU Foreign Affairs
Council] to apply suspension to all licences "which might
be used for internal repression" which you will appreciate
is a lower threshold than that set out in Criterion 2.
HMRC is keeping a watch for any attempts to export
to these entities, The FCO will continue to monitor the situation
in Egypt very closely to determine how long the suspension should
remain in place.
I feel sure that, in the light of recent and
continuing violence in Egypt, you will support these measures.[512]
553. On 25 October 2013 ECO issued a further Notice
to Exporters that announced the outcome of the review of extant
licences to Egypt. ECO announced that of the 48 suspended licences:
24 had had the suspension lifted as they were not judged that
they might be used for internal repression; 7 licences would be
revoked as there was a clear risk that the goods might be used
for internal repression; and the remaining 16 licences would remain
suspended because they might be used for internal repression.[513]
554. In its Written Evidence UK Working Group (UKWG)
stated that:
In 2011, the Government argued that it could
not have been expected to anticipate the Arab Spring and that
rather than being criticised it should be commended for responding
rapidlyby revoking over 150 licences for exports to a range
of countries (including approximately 56 licences for exports
to Egypt)as circumstances changed. Regardless of whether
this defence was valid in 2011and the CAEC and others,
including the UKWG, took issue with it at the timeit surely
is not in 2013. We hoped that the Arab Spring would have functioned
as a wake-up call on export licensing policy to the region (and
indeed more broadly), yet only two years later the exact same
pattern is being repeated. The UK Government has shown little
capacity to evaluate risk in advance (as required by the Consolidated
Criteria) but instead is once again playing catch-up, firstly
by revoking five licences, and then nine days later by suspending
48 licences, with the Government also "considering whether
further extant licences should be revoked".[514]
555. UKWG did not argue that all licences issued
for arms exports to these countries were problematic, however
it suggested that "little has changed in terms of UK licensing
practice as a consequence of the Arab Spring or subsequent transfer
control reviews."[515]
556. When the Committees questioned UKWG in about
changes in the Government's licensing practice since the Arab
Spring, Roy Isbister (Saferworld) said at the Oral Evidence session
on 4 November 2013:
Using Egypt as an example, and drawing on the
work of the Committee and the information that it revealed in
its report earlier this year, we struggle to understand how that
policy is working in Egypt. If you were going to argue in 2011
that you could not see itthat is, what happenedcoming,
we could argue about whether it was a valid argument, but it is
very difficult to make that argument in 2013. We were certainly
arguing for a tight policy on exports to countries such as Egypt.
When the level of civil disturbance lifted again, we saw the Government
start by revoking five licences. More than a month later, and
only after an EU Council conclusion, the Government suspended
48it turned out to be 47more licences. It is a slow
way of operating. Again, we are not sure why those licences were
issued in the first place.[516]
He continued:
It would be helpful in cases like this, if the
Government think that there is a big enough change to provoke
this response, if they not only gave the number of licences being
refused, suspended or revoked, but said what is still licensed
for transfer to Egypt. We understand that nothing was being licensed
to the army, the air force or the Ministry of the Interior, but
quite a number of open licences were never suspended. Open licences
do not name the permitted end user, so how did the Government
know that this equipment was not going to those end users?
We see now that some of those suspended licencesaround
half of themhave been opened up again. What has changed
in Egypt to give the Government the extra confidence that this
is appropriate? Looking at Egypt as an example, there are a lot
of unanswered questions, and we would like much more detail about
how the Government are operating their export policy.[517]
557. When we questioned UKWG on licence suspensions
Roy Isbister (Saferworld) said:
The only case that we are aware of where the
suspension mechanism has been applied is Egypt. In that case,
it seems that it has been applied to extant licences, which is
not how it was explained to us; it also took a long time. As I
said, five licences were revoked on 19 July, but the actual suspensions
did not take place until 28 August. That is a pretty slow early
warning mechanism.
It has been quite confused since then. It
was applied in a way that seems different from the message that
we were given. There is also the change that Olly [Oliver Sprague,
Amnesty UK] mentioned, with approximately 24 licences being unsuspended
in the last couple of days. If you look at the notice to exporters,
it says that the suspension mechanism has been modified. I shall
quote from it, if I may. It states that we have "agreed to
modify the way the suspension is applied. In future we will not
adopt a blanket approach to the Egyptian organisations listed
in paragraph (1) but consider each extant licence and new licence
application on its merits." As far as I can see, that is
a standard licensing policy. I do not understand how it is a suspension
mechanism, but apparently the mechanism has been modified, not
stopped. I do not understand how the Government are operating.
[518]
558. In the Westminster Hall debate on 21 November
2013 Nia Griffith MP stated that there was a need to re-examine
"exactly which arms are being transferred to Egypt, who the
end-users are, to what use are those arms are being put and what
licences there are for Egypt." She asked the Minister to
re-examine those matters and to attempt to set out a clear strategy
to ensure that those items are not misused or diverted. She asked
what the "UK policy is for arms exports to Egypt, because
the situation there is extremely volatile."[519]
In responding to the debate the BIS Minister, Michael Fallon,
said:
[
] in response to increasing levels of
violence in Egypt, the Foreign Affairs Council of the European
Union agreed to suspend all export licensing to Egypt for equipment
that might be used for internal repression. That is a lower threshold
than the consolidated criteria that we applied, whereby the test
is whether there is a clear risk that goods might be used for
internal repression. The UK fully supported the Foreign Affairs
Council decision and, as a precautionary measure, we applied that
suspension to all licences to the Egyptian army, air force and
internal security forces. That resulted in 47 extant licences
being suspended and a hold placed on new applications for those
entities.
As the situation in Egypt has become clearer,
we have been able to revert to a case-by-case assessment. As a
result, following a further review, on 25 October we decided permanently
to revoke seven of the suspended licences, because we then judged
that there was a clear risk that the goods might be used for internal
repression. A further 24 licences were removed from suspension,
because we no longer judged that the goods might be used for internal
repression. The remaining 16 licences will remain suspended until
we are in a position to determine whether they should be revoked
or restored.
I am pleased that we took firm action to revoke
licences in July and that our precautionary action in the light
of the Foreign Affairs Council decision, at a time when we were
considering further unilateral action, allowed time for a proper
assessment of conditions on the ground, which in turn means that
we can now consider each case properly on its own merits.
I suggest to the House that that is a good example
of how a responsive and rational export licensing system operates
in a very difficult situation, but I assure hon. Members that
the Government will continue to monitor conditions in Egypt and
we will keep the terms of the licensing suspension under review.
We will continue to assess the situation against the European
Union consolidated criteria, taking particular care to consider
the nature of the goods and the identity and track record of the
end user.[520]
559. Prior to the evidence session with the Foreign
Secretary on 8 January 2014 the Foreign Secretary wrote to the
Chairman of the Committees. The relevant text relating to the
suspension of licences to Egypt was as follows:
Recent events in Egypt highlighted the importance
of responding quickly to a deteriorating security situation in
a country. This was the first time we have deployed the Suspension
Mechanism. In two important respects Egypt was a special case.
First, we suspended extant licences as well as pending licence
applications; this was an addition to the policy announced to
Parliament by the Business Secretary on 7 February 2012, which
referred only to suspension of pending licence applications. Secondly,
we applied suspension to "equipment which might be used for
internal repression". This is of course a lower threshold
than Criterion 2 of the Consolidated Criteria, where the test
is a "clear risk that the proposed export might be used for
internal repression".
These specific steps were the result of the conclusions
reached jointly with our EU Partners on 21 August. We moved quickly,
on a precautionary basis, to suspend all licences, both extant
and pending, for the Egyptian army, air force and internal security
forces. After five weeks, when the situation became clearer, we
refined our approach to distinguish between licences which failed
the Criterion 2 test (i.e. "clear risk") and were revoked
or refused; those where there was not a "clear risk"
the equipment might be used for internal repression but which
nevertheless failed the lower-threshold EU test ('might be used
for internal repression') and which were kept suspended; and those
we judged the equipment would not be used for internal repression,
which we re-instated or approved.[521]
560. On 24 April 2014 the Chairman of the Committees
wrote to the Business Secretary requesting details of the arms
export licences to Egypt that had been suspended and/or re-instated
or revoked since 14 May 2013 when this information was last obtained
from the Department. The text of the letter was as follows:
Egypt -suspended licences
The Foreign Secretary in his letter to me of
6 January provided an update to your own letters to me of 30 July
2013 and 10 September 2013 on arms export licences to Egypt that
had been suspended and in some cases subsequently re-instated.
Please could you provide details of all licence
suspensions, and of any subsequent revocations or re-instatements,
to Egypt made in the period 14 May 2013 to the present.
Please could you provide the information in the
same format as in Annex 1 of Cm 8079 (SIELS/OIELS/etc., End
User Country, Annual Report Summary, Rating, Reason for Revocation).
Please could you state the date of suspension and the date of
any subsequent revocation or re-instatement in each case.[522]
The Business Secretary replied on 14 May 2014 in
letter replying to a number of different requests. The section
of the Business Secretary's letter relating to Egypt was as follows:
Egypt - suspended licences
On 19 July 2013 we reviewed all extant licences
against the Consolidated EU and National Arms Export licensing
Criteria in lights of the deteriorating situation in Egypt. As
a result of this review we revoked 5 Standard Individual Export
Licensing (SIELs) because we assessed that the proposed export
would be in breach of Criterion 2, i.e. that there was a clear
risk that the goods might be used for internal repression.
On 21 August 2013, the EU Foreign Affairs Council
stated that the "Member States agreed to suspend export licences
on equipment which might be used for internal repression and reassess
export licences for equipment covered by Common Position 2008/944/CFSP".
This is a lower threshold than that set out in the Consolidated
Criteria ("might be used" rather than "clear risk")
and as a result we reviewed all extant licences. On 27 August
we suspended 39 SIELs and removed Egypt as a permitted destination
from 9OIELs (one of these OIELs was reinstated as on further inspection
it was judged not to fall within the terms of the EU suspension).
A further review was carried out in October; following this review
24 licences were reinstated as our assessment was that there was
no longer a risk that the goods might be used for internal repression;
two were revoked as we determined that there was a clear risk
that the goods might be used for internal repression and that
the licences therefore breached Criterion 2. Two had expired since
being suspended so no further action was required. Sixteen licences
remain suspended, these actions were completed on 25 October.
Information about these licences can be found
at Annex 1.[523]
Annex 1
Licence Suspensions and Revocations for Egypt
since 14 May 2013
Licence Type
| Destination Country | Goods Summary
| Rating | Date of action taken
| Reason |
SIEL (Permanent) | Egypt |
ground vehicle military communications equipment
| ML6a | Revoked 19th July 2013
| Criterion 2 |
SIEL (Permanent) | Egypt |
ground vehicle military communications equipment
| ML6a | Revoked 19th July 2013
| Criterion 2 |
SIEL (Permanent) | Egypt |
components for machine guns | ML1a
| Revoked 19th July 2013 | Criterion 2
|
SIEL (Permanent) | Egypt |
components for machine guns | ML1a
| Revoked 19th July 2013 | Criterion 2
|
SIEL (Permanent) | Germany |
components for ground vehicle military communications equipment
| ML6a | Revoked 19th July 2013
| Criterion 2 |
SIEL (Permanent) | Egypt |
components for combat helicopters | ML10b
| Suspended 27th August 2013; Licence subsequently surrendered by exporter
| |
SIEL (Permanent) | Egypt |
components for military aero-engines | ML10d
| Suspended 27th August 2013; Licence expired whilst suspended, no further reviewing required.
| |
SIEL (Permanent) | Egypt |
components for military aero-engines | ML10d
| Suspended 27th August 2013; Unsuspended 25th October 2013
| |
SIEL (Permanent) | Egypt |
software for military guidance/navigation equipment
| ML21a | Suspended 27th August 2013; Unsuspended 25th October 2013
| |
SIEL (Permanent) | Egypt |
components for combat helicopters | ML10a
| Suspended 27th August 2013; Licence subsequently surrendered by exporter, no further reviewing required.
| |
SIEL (Permanent) | Egypt |
components for combat helicopters | ML10a
| Suspended 27th August 2013 |
|
SIEL (Permanent) | Egypt |
components for combat helicopters | ML10a
| Suspended 27th August 2013 |
|
SIEL (Permanent) | Egypt |
components for combat helicopters | ML10a
| Suspended 27th August 2013 |
|
SIEL (Permanent) | Egypt |
components for combat helicopters | ML10a
| Suspended 27th August 2013 |
|
SIEL (Permanent) | Egypt |
components for combat helicopters | ML10a
| Suspended 27th August 2013 |
|
SIEL (Permanent) | Egypt |
components for combat helicopters | ML10a
| Suspended 27th August 2013 |
|
SIEL (Permanent) | Egypt |
components for combat helicopters | ML10a
| Suspended 27th August 2013 |
|
SIEL (Permanent) | Egypt |
components for combat helicopters | ML10a
| Suspended 27th August 2013 |
|
SIEL (Permanent) | United States
| components for combat helicopters | ML10a
| Suspended 27th August 2013, Licence Revoked on 25th October 2013
| Criterion 2 |
SIEL (Permanent) | Egypt |
components for combat helicopters | ML10a
| Suspended 27th August 2013 |
|
SIEL (Permanent) | Egypt |
components for military helicopters | ML10b
| Suspended 27th August 2013 |
|
SIEL (Permanent) | Egypt |
components for military helicopters | ML10b
| Suspended 27th August 2013 |
|
SIEL (Permanent) | Egypt |
components for military helicopters | ML10b
| Suspended 27th August 2013 |
|
SIEL (Permanent) | Russia |
components for military helicopters | ML10b
| Suspended 27th August 2013, Licence Revoked on 25th October 2013
| Criterion 2 |
SIEL (Permanent) | Egypt |
components for military helicopters | ML10b
| Suspended 27th August 2013 |
|
SIEL (Permanent) | Egypt |
components for military parachutes and equipment, military parachutes and equipment
| ML10h1 | Suspended 27th August 2013; Unsuspended 25th October 2013
| |
SIEL (Permanent) | Egypt |
general military vehicle components | ML6a
| Suspended 27th August 2013; Unsuspended 25th October 2013
| |
SIEL (Permanent) | Egypt |
components for military combat vehicles | ML6a
| Suspended 27th August 2013; Licence expired whilst suspended, no further reviewing required.
| |
SIEL (Permanent) | Egypt |
components for military radars | ML5b
| Suspended 27th August 2013; Unsuspended 25th October 2013
| |
SIEL (Permanent) | Egypt |
components for military radars | ML5b
| Suspended 27th August 2013; Unsuspended 25th October 2013
| |
SIEL (Permanent) | Egypt |
training small arms ammunition | ML3a
| Suspended 27th August 2013; Unsuspended 25th October 2013
| |
SIEL (Permanent) | Egypt |
components for military communications equipment
| ML11a | Suspended 27th August 2013; Unsuspended 25th October 2013
| |
SIEL (Permanent) | Egypt |
military aircrew protective equipment | ML10g
| Suspended 27th August 2013; Unsuspended 25th October 2013
| |
SIEL (Permanent) | Egypt |
components for military training aircraft | ML10b
| Suspended 27th August 2013; Unsuspended 25th October 2013
| |
SIEL (Permanent) | Egypt |
components for military support aircraft | ML10b
| Suspended 27th August 2013; Unsuspended 25th October 2013
| |
SIEL (Permanent) | Egypt |
components for military support aircraft | ML10b
| Suspended 27th August 2013; Unsuspended 25th October 2013
| |
SIEL (Permanent) | Egypt |
components for military training aircraft | ML10a
| Suspended 27th August 2013; Unsuspended 25th October 2013
| |
SIEL (Permanent) | Egypt |
general military aircraft components | ML10a
| Suspended 27th August 2013; Unsuspended 25th October 2013
| |
SIEL (Permanent) | Egypt |
components for military helicopters, military guidance/navigation equipment
| ML10b, ML11a | Suspended 27th August 2013
| |
SIEL (Permanent) | Egypt |
components for military helicopters | ML10b
| Suspended 27th August 2013 |
|
SIEL (Permanent) | Egypt |
military aero-engines | ML10d |
Suspended 27th August 2013 | |
SIEL (Permanent) | Egypt |
cryptographic software | 5D002c1
| Suspended 27th August 2013; Licence expired whilst suspended, no further reviewing required.
| |
SIEL (Permanent) | Egypt |
equipment employing cryptography, software for equipment employing cryptography
| 5A002a1a, 5D002a | Suspended 27th August 2013, Licence Revoked on 25th October 2013
| Criterion 2 |
SIEL (Permanent) | Egypt |
equipment employing cryptography | 5A002a1a
| Suspended 27th August 2013; Licence expired whilst suspended, no further reviewing required.
| |
OIEL (Military / Dual Use) | Egypt
| software for military communications equipment, technology for the use of software for military communications equipment
| ML21c, ML22a | Suspended 27th August 2013; Unsuspended 25th October 2013
| |
OIEL (Military / Dual Use) | Egypt
| aerial target equipment, components for aerial target equipment, components for missile scoring equipment, decoy flares, missile scoring equipment, software for the use of aerial target equipment, technology for the use of aerial target equipment
| ML14, ML21a, ML22a, ML4b1 | Suspended 27th August 2013; Unsuspended 25th October 2013
| |
OIEL (Military / Dual Use) | Egypt
| components for combat aircraft, components for combat helicopters, components for military surveillance aircraft, components for military training aircraft, components for military transport aircraft, components for military utility aircraft, components for military utility helicopters, components for tanker aircraft
| ML10a, ML10b | Suspended 27th August 2013; Unsuspended 25th October 2013
| |
OIEL (Military / Dual Use) | Egypt
| components for military aero-engines | ML10d
| Suspended 27th August 2013, reinstated on 28th August 2013
| |
OIEL (Military / Dual Use) | Egypt
| components for combat aircraft, components for ejector seats, components for military electronic equipment, ejector seats, equipment for the use of ejector seats, equipment for the use of general military aircraft components, military aircraft ground equipment, military aircrew breathing equipment, military aircrew protective equipment, military electronic equipment, signalling devices, technology for ejector seats, technology for general military aircraft components, test models for ejector seats, test models for general military aircraft components
| ML10a, ML10f, ML10g, ML11a, ML17n, ML22a, ML4a, PL5017
| Suspended 27th August 2013; Unsuspended 25th October 2013
| |
OIEL (Military / Dual Use) | Egypt
| aircraft bladders, aircraft diaphragms, aircraft gaskets, aircraft military communications equipment, aircraft seals, aircraft valve seats, components for aircraft military communications equipment, components for equipment for the use of military support aircraft, components for military aero-engines, components for military aircraft ground equipment, components for military aircraft pressure refuellers, components for military aircrew breathing equipment, components for military guidance/navigation equipment, components for military infrared/thermal imaging equipment, components for military radars, components for military support aircraft, equipment for the use of military support aircraft, general military aircraft components, military aero-engines, military aircraft ground equipment, military aircraft pressure refuellers, military aircrew breathing equipment, military guidance/navigation equipment, military infrared/thermal imaging equipment, technology for military support aircraft
| 1A001c, ML10, ML10b, ML10d, ML10f, ML10g, ML11a, ML15d, ML22a, ML5b, PL5017
| Suspended 27th August 2013; Unsuspended 25th October 2013
| |
OIEL (Military / Dual Use) | Egypt
| components for military electronic equipment, equipment for the use of aircraft missile protection systems, software for aircraft missile protection systems, technology for aircraft missile protection systems
| ML11a, ML21a, ML22a, PL5017 | Suspended 27th August 2013; Unsuspended 25th October 2013
| |
OIEL (Military / Dual Use) | Egypt
| components for military radars, components for weapon control equipment, equipment for the use of military radars, equipment for the use of weapon control equipment, software for military radars, software for weapon control equipment, technology for military radars, technology for weapon control equipment
| ML11a, ML21a, ML22a, ML5a, ML5b, ML5d, PL5017
| Suspended 27th August 2013; Unsuspended 25th October 2013
| |
OIEL (Military / Dual Use) | Egypt
| equipment employing cryptography, technology for equipment employing cryptography
| 5A002a1a, 5E002b | Suspended 27th August 2013; Unsuspended 25th October 2013
| |
561. I propose that the Committees recommend that the Government
states in its Response the reasons it considers its approved extant
arms export licences to Egypt for acoustic devices for riot control,
assault rifles, body armour, combat shotguns, components for assault
rifles, components for body armour, components for military communications
equipment, components for pistols, components for radio jamming
equipment, components for sniper rifles, components for sporting
guns, cryptographic software, equipment employing cryptography,
equipment for the use of military communications equipment, general
military vehicle components, military communications equipment,
pistols, radio jamming equipment, small arms ammunition, sniper
rifles, software for equipment employing cryptography, software
for military communications equipment, sporting guns and weapon
sights are currently compliant with the following of the Government's
Arms Export Licencing Criteria: One, Two and Three.
562. I propose that the Committees recommend that
the Government in its Response provides an update of Annex 1 to
the Business Secretary's letter of 14 May 2014 listing the Government's
subsequent revocations, suspensions, un-suspensions and re-instatements
of export licences to Egypt.
563. The Committees scrutiny has established that
there were 9 countries in Africa and the Middle East to which
the Government gave approval in July to September 2013 of Open
Individual Trade Control Licences (OITCLs) for goods that could
be used for internal repression all with destinations which included
Egypt. The Committees questions in relation to each of the 9 countries
were:
Ghana: Why were OITCLs approved which included
acoustic devices for riot control, body armour, combat shotguns,
components for acoustic devices for riot control, components for
body armour, components for rifles, rifles, small arms ammunition
and weapon sights when the destination countries included Egypt?
Mozambique: Why was an OITCL with a destination
including Egypt for goods including acoustic devices for riot
control, body armour, combat shotguns, components for acoustic
devices for riot control, components for body armour, components
for rifles, rifles, small arms ammunition and weapon sights approved?
Nigeria: Why was an OITCL with a destination
including Egypt for goods including acoustic devices for riot
control, body armour, combat shotguns, components for acoustic
devices for riot control, components for body armour, components
for rifles, rifles, small arms ammunition and weapon sights approved?
Oman: Why were OITCLs with a destination including
Egypt for goods including acoustic devices for riot control, assault
rifles, body armour, combat shotguns, components for acoustic
devices for riot control, components for assault rifles, components
for body armour, components for rifles, components for sniper
rifles, rifles, small arms ammunition, sniper rifles and weapon
sights approved?
Saudi Arabia: Why was an OITCL with a destination
including Egypt for goods including acoustic devices for riot
control, body armour, combat shotguns, components for acoustic
devices for riot control, components for combat shotguns, components
for body armour, components for rifles, components for sporting
guns, rifles, small arms ammunition, sporting guns and weapon
sights approved?
Seychelles: Why were OITCLs with a destination
including Egypt for goods including acoustic devices for riot
control, assault rifles, body armour, combat shotguns, components
for acoustic devices for riot control, components for assault
rifles, components for body armour, components for rifles, components
for sniper rifles, rifles, small arms ammunition, sniper rifles
and weapon sights approved?
Singapore: Why was an OITCL with a destination
including Egypt for goods including acoustic devices for riot
control, body armour, combat shotguns, components for acoustic
devices for riot control, components for body armour, components
for combat shotguns, components for rifles, components for sporting
guns, rifles, small arms ammunition, sporting guns and weapon
sights approved?
South Africa: Why were OITCLs with a destination
including Egypt for goods including acoustic devices for riot
control, assault rifles, body armour, combat shotguns, components
for acoustic devices for riot control, components for assault
rifles, components for body armour, components for rifles, components
for sniper rifles, rifles, small arms ammunition, sniper rifles
and weapon sights approved?
Tanzania: Why was an OITCL with a destination
including Egypt for goods including acoustic devices for riot
control, assault rifles, body armour, combat shotguns, components
for acoustic devices for riot control, components for assault
rifles, components for body armour, components for rifles, components
for sniper rifles, rifles, small arms ammunition, sniper rifles
and weapon sights approved?
The Government's response to each of the 9 questions
was: "The OITCL was granted for equipment to be used by a
private maritime security company for anti-piracy activities."
I propose that the Committees recommend that the Government states
in its Response why, when the EU Foreign Affairs Council agreed
on 21 August 2013 to suspend export licences to Egypt for equipment
which might be used for internal repression, the Government continued
to approve OITCL licences for the above goods with Egypt as a
destination after that date.
TUNISIA
564. The Committees' previous scrutiny of arms exports
to Tunisia can be found at paragraphs 449-454 in Volume II of
the Committees' previous Report (HC 205), and the Committees'
Recommendation at paragraph 111 of the Report.
565. The Committees' Recommendation on Tunisia in
their 2013 Report (HC 205) and the Government's Response
(Cm8707) were as follows:
The Committees' Recommendation:
The Committees recommend that the Government
in its Response to this Report states whether it is satisfied
that none of the 51 extant UK export licences to Tunisia:
a) contravenes the Government's stated policy
that: "We will not issue licences where we judge there is
a clear risk that the proposed export might provoke or prolong
regional or internal conflicts, or which might be used to facilitate
internal repression"; or
b) is currently in contravention of any of
the arms exports Criteria set out in the UK's Consolidated Criteria
and the EU Common Position
including those extant licences to Tunisia for:
cryptographic software, components for equipment employing cryptography,
equipment employing cryptography, software for the use of equipment
employing cryptography, technology for the use of cryptographic
software, technology for the use of equipment employing cryptography,
small arms ammunition, command communications control and intelligence
software, technology for command communications control and intelligence
software, software for equipment employing cryptography, technology
for equipment employing cryptography, software for military communications
equipment, technology for the use of software for military communications
equipment, weapon night sights, military support vehicles, components
for military support vehicles, anti-armour ammunition and small
arms ammunition.[524]
The Government's Response:
The Government is satisfied that none of the
currently extant licences for Tunisia contravenes its policy as
outlined in paragraph 46 above [see the Government's Response
to the Consolidated Criteria and EU Common Position above]. However,
as was shown during the Arab Spring, including for Tunisia itself,
circumstances can and do rapidly change, leading to a reassessment
of risk and, in some cases, a different decision using the same
criteria. In such cases the Government would revoke the licence.
The Government's answers to the Committees' Quarterly Questions,
which can be found at Volume 2, Annex 1 of the Committees' Annual
Report, provide more detail about individual licences.[525]
566. I propose that the Committees recommend that
the Government states in its Response the reasons it considers
its approved extant arms export licences to Tunisia for components
for military communications equipment, components for military
support vehicles, cryptographic software, equipment employing
cryptography, military communications equipment and small arms
ammunition are currently compliant with the following of the Government's
Arms Export Licencing Criteria: Two and Seven.
UKRAINE
Arms exports
567. In response to the deteriorating political situation
and increasing violence within the Ukraine the EU Foreign Affairs
Council introduced targeted sanctions against certain individuals
from that country. On 20 February 2014 the EU Council also agreed
to reassess export licences of equipment covered by the EU Common
Position on arms exports. As a result of the review the ECO issued
a Notice to Exporters on 24 February announcing that all extant
licences to the Ukraine were being examined to determine which
covered equipment that could be used for internal repression and
would therefore be subject to suspension.[526]
568. On 24 April the Chairman of the Committees wrote
to the Business Secretary requesting details of the arms export
licences to Ukraine that had been suspended. The text of the letter
was as follows:
Ukraine - suspended licences
The ECO Notice to Exporters (2014/04) issued
on 24 February 2014 announced a review of strategic export licences
to Ukraine in the light of the recent levels of violence and internal
repression in the country. Please could you provide details of
any licences that have been suspended as a result of that review.
Please could you provide details of all licence
suspensions, and of any subsequent revocations or re-instatements,
to Ukraine made in 2014.
Please could you provide the information in the
same format as in Annex 1 of Cm 8079 (SIELS/OIELS/etc., End User
Country, Annual Report Summary, Rating, Reason for Revocation).
Please could you state the date of suspension and the date of
any subsequent revocation or re-instatement in each case.[527]
The Business Secretary replied on 14 May 2014. The
relevant section of his letter was as follows:
Ukraine - suspended licences
On 4 February 2014, in response to the worsening
situation in Ukraine, we revoked one export licence. The reason
for revocation was that the export was no longer consistent with
Criterion 2, i.e. we assessed that there was now a clear risk
that the goods might be used for internal repression.
On 20 February, at the EU Foreign Affairs Council,
the "Member States agreed to suspend export licences on equipment
which might be used for internal repression and reassess export
licences for equipment covered by Common Position 2008/944/CFSP".
As with Egypt this is a lower threshold than that set out in the
Consolidated Criteria ("might be used" rather than "clear
risk") and as a result we reviewed all extant licences. On
25 February we suspended 22 SIELs and on 26 February we removed
Ukraine as a permitted destination from 5 OIELs. In each case
the reason for suspension was that the proposed export was inconsistent
with EU suspension. None of these licences have subsequently been
revoked or reinstated although three have now expired.
Information about all these licences is at Annex
2. [528]
Annex 2
Licence Revoked for Ukraine
Date of revocation: 04/02/2014;
Reason for revocation: Criterion 2 (clear risk the
goods might be used for internal repression)
Application Type
| Goods Annual Report Summary | Goods Rating
| Total Goods Value (£) |
SIEL (Permanent) | body armour, components for body armour
| ML13 | 398,620.12
|
Licences Suspended for Ukraine
1. Standard Individual Export Licences
Date of suspension: 25/02/2014;
Reason for suspension: agreement by Member States at the Foreign
Affairs Council of the EU on 20/02/2014 to "suspend licences
for equipment which might be used for internal repression".
Application Type | Goods Annual Report Summary
| Goods Rating | Total Goods Value (£)
|
SIEL (Permanent) | gun silencers, sporting guns (15), sporting guns (20)
| ML1 | 19200 |
SIEL (Permanent) | gun silencers
| ML1 | 119000 |
SIEL (Permanent) | gun silencers
| ML1 | 140000 |
SIEL (Permanent) | sporting guns (2)
| ML1 | 112000 |
SIEL (Permanent) | sporting guns (1)
| ML1 | 65000 |
SIEL (Permanent) | sporting guns (1)
| ML1 | 69805 |
SIEL (Temporary) | sporting guns (1)
| ML1 | 198000 |
SIEL (Permanent) | sniper rifles (1)
| ML1 | 2500 |
SIEL (Permanent) | sporting guns (20)
| ML1 | 10000 |
SIEL (Permanent) | sporting guns (10)
| ML1 | 10000 |
SIEL (Permanent) | components for rifles
| ML1 | 6000 |
SIEL (Permanent) | sporting guns (5)
| ML1 | 16000 |
SIEL (Permanent) | sniper rifles (3)
| ML1 | 16000 |
SIEL (Permanent) | components for sniper rifles, sniper rifles (3)
| ML1 | 30000 |
SIEL (Permanent) | sporting guns (2), sporting guns (20), sporting guns (5), sporting guns (6)
| ML1 | 37500 |
SIEL (Permanent) | rifles (1), rifles (2), rifles (3), rifles (4)
| ML1 | 19588 |
SIEL (Permanent) | sniper rifles (5)
| ML1 | 22500 |
SIEL (Permanent) | sniper rifles (3), sporting guns (1), sporting guns (3), sporting guns (6)
| ML1 | 36500 |
SIEL (Permanent) | gun silencers
| ML1 | 80000 |
SIEL (Permanent) | components for sporting guns
| ML1 | 15000 |
SIEL (Permanent) | components for sniper rifles
| ML1 | 8400 |
SIEL (Permanent) | body armour, components for body armour, military helmets
| ML13 | 346000 |
2. Open Individual Licences re-issued without Ukraine as a permitted
destination
Date of suspension: 26/02/2014;
Reason for suspension: agreement by Member States at the Foreign
Affairs Council of the EU on 20/02/2014 to "suspend licences
for equipment which might be used for internal repression".
Application Type | Action
| Goods Annual Report Summary |
Goods Rating
|
OIEL (Military / Dual Use) | Re-issued
| sporting guns | ML1 |
OITCL | Re-issued | gun mountings, gun silencers, small arms ammunition, sporting guns, weapon sights
| ML1, ML3 |
OIEL (Military / Dual Use) | Re-issued
| military communications equipment, components for military communications equipment, components for military communications equipment, equipment for the use of military communications equipment, equipment for the production of military communications equipment, software for military communications equipment, technology for military communications equipment
| ML11, ML18, ML21, ML22 |
OIEL (Military / Dual Use) | Re-issued
| software enabling equipment to function as military communications equipment, technology for software enabling equipment to function as military communications equipment
| ML21, ML22 |
OIEL (Military / Dual Use) | Re-issued
| software enabling equipment to function as military communications equipment, technology for software enabling equipment to function as military communications equipment
| ML21, ML22 |
569. I propose that the Committees recommend that the Government
states in its Response the reasons it considers its approved extant
arms export licences to Ukraine for body armour, components for
all-wheel drive vehicles with ballistic protection, equipment
employing cryptography, equipment for the use of weapon sights,
small arms ammunition and weapon sights are currently compliant
the decision of the EU Foreign Affairs Council on 20 February
2014 on arms exports to Ukraine and with the following of the
Government's Arms Export Licencing Criteria: Three and Four.
Sniper rifles
570. On 24 April 2014 the Chairman of the Committees wrote to
the Foreign Secretary as follows:
In your Oral Evidence to the Foreign Affairs Committee on
18 March on Ukraine we had the following exchange:
Q7: Sir John Stanley: "Foreign Secretary,
there were widespread reports in the press, on which the Foreign
Office declined to comment following the change of Government
in Kiev, that British personnelwhether Government personnel
or Government-approved personnelhad gone to Kiev to give
expert ballistic advice as to the location of sniper positions
from which those demonstrating peacefully were killed in Kiev.
Against that background, do you have any regrets to express to
the Committee that in each quarter of 2011, the British Government
gave export licence approval to sniper rifles to Ukraine, and
did so again in 2012 and in 2013?"
Mr Hague: "We have to base our decisions
on the information available at the time, of course, and that
will always be the way. We will always have the benefit of hindsight
on some of these things. I would have to look at the details of
any applications before giving any detailed opinion about that,
but I am satisfied that all our export licence decisions are based
on the information available at the time."
I attach in Ukrainian a copy of the article that
appeared in "Minding Russia" on the internet on 24 February
2014. I also reproduce immediately below what we have been told
is the article's translation into English:
Rada Commission Determines Who Shot People in
Kiev
Author Voronz, Vsk, 23/02/2014 - 13:22
The Verkhovna Rada [parliamentary] commission
to investigate the massacre in Kiev, chaired by Hennadiy Moskal,
deputy from the Bitkivshchina [Fatherland] Party, has determined
that the sniper rifles with which people were shot in Kiev on
the morning of 20 February were purchased for the Crimean Territorial
Department of Internal Forces, UNIAN reported, citing a statement
from commission chairman Moskal.
This special sub-division was created personally
by Stanislav Shulyak, a commander of the Ukrainian internal troops;
its commander is Col. Sergei Asavalyuk, Moskal stated.
According to Moskal's report, soldiers from the
Crimean special division were captured on video by journalists,
and their radio chatter was recorded. Information about the purchase
of 80 British AVK type sniper rifles for this sub-division is
contained in the Vestnik gosudarstvennykh zakupok Ukrainy
[Bulletin of State Purchases of Ukraine].
Please could you tell the Committees whether
the statement in the article that 80 British AVK type sniper rifles
were purchased for the Crimean Territorial Department of Internal
Forces is correct, and whether the fact that this information
is contained in the Vestnik gosudarstvennykh zakupok Ukrainy
[Bulletin of State Purchases of Ukraine] is also correct. If so,
please could you state on what date or dates the Government gave
export licence approval for the export of these sniper rifles
from the UK to the Ukraine.
Finally, please could you provide details of
all UK Government export licence approvals of sniper rifles to
Ukraine from the beginning of 2010 giving the same information
as in the Table to my letter to the Business Secretary of March
6, a copy of which is attached for convenience, i.e. providing
the following information in respect of each licence approved
namely: date of licence approval, type of sniper rifle, quantity,
value, usage (i.e. how many were exported to Ukraine), stated
end-use, stated end-user.
Annex 1 - original Ukrainian article
Êîìèññèÿ
Ðàäû âûÿñíèëà,
êòî ðàññòðåëèâàë
ëþäåé â Êèåâå
Àâòîð
Voronz, Âñê, 23/02/2014 - 14:22
Êîìèññèÿ
Âåðõîâíîé
Ðàäû ïî ðàññëåäîâàíèþ
áîéíè â Êèåâå
ïîä ïðåäñåäàòåëüñòâîì
äåïóòàòà îò
ïàðòèè «Áèòüêèâùèíà»
Ãåííàäèÿ Ìîñêàëÿ
âûÿñíèëà, ÷òî
ñíàéïåðñêèå
âèíòîâêè,
èç êîòîðûõ
áûëè ðàññòðåëÿíû
ëþäè â Êèåâå
óòðîì 20 ¼åâðàëÿ,
áûëè çàêóïëåíû
äëÿ Êðûìñêîãî
òåððèòîðèàëüíîãî
óïðàâëåíèÿ
âíóòðåííèõ
âîéñê Óêðàèíû.
Îá
ºòîì ñîîáùàåò
ÓͲÀÍ ñî ññûëêîé
íà çàÿâëåíèå
ïðåäñåäàòåëÿ
êîìèññèè
Ìîñêàëÿ.
Ýòî
ñïå½ïîäðàçäåëåíèå
áûëî ñîçäàíî
ëè÷íî êîìàíäóþùèì
âíóòðåííèõ
âîéñê Óêðàèíû
Ñòàíèñëàâîì
¾óëÿêîì, åãî
êîìàíäóþùèì
ÿâëÿåòñÿ ïîëêîâíèê
Ñåðãåé Àñàâàëþê,
çàÿâèë íàðîäíûé
äåïóòàò.
Ïî
ñîîáùåíèþ
äåïóòàòà îò
ïàðòèè «Áàòüêèâùèíà»,
áîé½û êðûìñêîãî
ñïå½íàçà áûëè
îòñíÿòû íà
âèäåî æóðíàëèñòàìè,
à èõ ðàäèîïåðåãîâîðû
çàïèñàíû».
Äàííûå î çàêóïêå
80 àíãëèéñêèõ
ñíàéïåðñêèõ
âèíòîâîê òèïà
ÀÂÊ äëÿ äàííîãî
ïîäðàçäåëåíèÿ
åñòü â «Âåñòíèêå
ãîñóäàðñòâåííûõ
çàêóïîê Óêðàèíû».
Ñìîòðèòå
òàêæå: Ñíàéïåðû
"Áåðêóòà"
óáèâàþò áåçîðóæíûõ
ëþäåé íà Èíñòèòóòñêîé.
ÂÈÄÅÎ ïîïàâ¾åãî
ïîä îáñòðåë[529]
571. The Business Secretary replied to the Chairman's
letter on 14 May 2014. The relevant section of his letter was
as follows:
Following a thorough search of our records, and
having consulted our Post in Kiev and weapons specialists in MOD,
I have been unable to verify any of the claims regarding the UK
made in the article to which you refer. What I can say is that:
We are not aware of the existence of any UK-made
weapon known as an "AVX sniper rifle", and we have no
record of having granted any export licence for a weapon described
in these terms.
The phrase "AK variant" is routinely
used to describe weapons; however these are not made in the UK.
The images we have seen from Ukraine appear to show marksmen using
Dragonov SVD sniper rifles which are a derivative of the AK series
of weapons and are produced by Russia and in other former communist
states under licence.
We have no record of ever having granted any
export licence where the Crimean Territorial Department of Internal
Forces was named as end-user, consignee or third party on the
licence application.
Since 2010 we have granted 17 licences for export
of a total of 83 sniper rifles to Ukraine. The stated end-use
in each case was for hunting or sports shooting and the end-users
were authorised gun dealers or private individuals. Information
about these licences is given at Annex 3.
The only licence granted for supply of sniper
rifles to the Ukrainian government was in November 2000. This
was for 10 rifles and the end-user was named as "the Security
Service of the Ukraine".
We do have concerns about the use of hunting
and sporting weapons in the recent disturbances in Ukraine, including
those described as "sniper rifles". That is why the
majority of the suspended licences listed in Annex 3 were for
such weapons, or for components or silencers for such weapons.
However I have seen nothing that would persuade me that the media
report you refer to is accurate.[530]
Annex 3
Export licences for sniper rifles for
Ukraine, 2010-2013
Date Licence Granted |
Goods Description | Quantity |
Total Licensed Value (£) | End-User
|
28/09/2010 | Stock System, Rifle Calibre .300, Rifle Calibre .308, 700 Bolt Action Rifle Calibre .308
| 6 | 15000 | Arm Elit
|
14/01/2011 | Bolt Action Rifle Calibre .338
| 10 | 36000 | Arm Elit
|
27/06/2011 | Hunting Rifle Calibre .308
| 5 | 15000 | Arm Elit
|
30/06/2011 | NATO Model Rifle Calibre 7.62 x 51
| 5 | 15000 | Arm Elit
|
06/07/2011 | Bolt Action Rifle Calibre .308, Ammunition Calibre .300, Ammunition
| 15 | 113400 | Arm Elit
|
19/08/2011 | Hunting Rifle Calibre .308
| 5 | 15000 | Arm Elit
|
26/09/2011 | Bolt Action Rifle Calibre .308
| 6 | 18000 | Arm Elit
|
27/10/2011 | Semi Automatic Rifle Calibre .308, Spare Magazine, Suppressor.
| 3 | 11605 | Arm Elit
|
14/03/2012 | Bolt Action Rifle Calibre .300
| 1 | 2500 | Arm Elit
|
15/08/2012 | Repeating Target Rifle (6.5x47mm) with 2 spare barrels.
| 3 | 1500 | Private Individual
|
21/12/2012 | Bolt Action Rifle. Calibre .338
| 3 | 16000 | Arm Elit
|
07/01/2013 | Bolt Action Rifle Calibre .338 with interchangeable spare barrels in calibre .300 & .308
| 3 | 30000 | Arm Elit
|
15/04/2013 | Bolt Action Rifle Calibre .308
| 5 | 22500 | Arm Elit
|
12/04/2013 | Desert Tactical Arms SRS Chassis System with Conversion Kit, Bolt Action Rifle Calibre .308 22" Barrel
| 6 | 24000 | Arm Elit
|
23/07/2013 | Bolt Action Rifle Calibre .338 with Spare Barrel Calibre .338
| 3 | 7000 | Private Individual
|
26/07/2013 | Bolt Action Rifle .338
| 1 | 5300 | Private Individual
|
24/09/2013 | Bolt Action Rifle Calibre .22-250, Bolt Action Rifle Calibre 6.5-284
| 3 | 36500 | Arm Elit
|
572. I propose that the Committees conclude that the Government's
concerns about the use of hunting and sporting weapons in the
disturbances in the Ukraine including those described as "sniper
rifles" are welcome.
573. I propose that the Committees recommend that
at the Government in its Response provides updated information
on UK Government export licence approvals of sniper rifles, and
of hunting and sporting weapons, to Ukraine following the Business
Secretary's letter of 14 May 2014.
389 HC (2013-14) 205, para 97 Back
390
Cm8707, p 42 Back
391
HC (2013-14) 205, para 98 Back
392
Cm8707, p 42 Back
393
The Committees made individual recommendations on 16 of the 27
FCO's Countries of concern and the 5 Committees' countries of
concern. This recommendation refers to the remaining 16 Countries
of concern. Back
394
HC (2013-14) 205, para 100 Back
395
Cm8707, p 43 Back
396
HC Deb, 21 November 2013, col 408WH Back
397
See: HC (2013-14) 205, Ev 209 Back
398
Q 176 Back
399
Q 177 [Richard Tauwhare] Back
400
Q 178 Back
401
Q 179 Back
402
The FCO increased its Countries of Human Rights Concern from 27
in its 2012 Human Right Report to 28 in its 2013 Report with the
addition of the Central African Republic. Back
403
Ev w209 - Letter from the Chairman of the Committees on Arms Export
Controls to Vince Cable dated 10 April 2014 Back
404
Ev w239 - Letter from Vince Cable to the Chairman of the Committees
on Arms Export Controls dated 12 May 2014 Back
405
HC (2013-14) 205, para 113 Back
406
Cm8707, p 53 Back
407
HC (2013-14) 205, para 114 Back
408
Cm8707, p 54 Back
409
Department for Business, innovation and Skills, 2013 Q4 Pivot
Report, page 68, https://www.exportcontroldb.bis.gov.uk/sdb/fox/!STREAM?id=s39sxUg_ploBu6phS&stid=s39sxU6_ploBu6phS&app_mnem=sdb&mode=view&xfsessionid=sid_s39sxU5_ploBu6phS Back
410
HC (2013-14) 205, para 117 Back
411
Cm8707, p 56 Back
412
HC (2013-14) 205, para 118 Back
413
Cm8707, p 56 Back
414
HC (2013-14) 205, para 103 Back
415
Cm8707, pp 45-46 Back
416
Annex 2 - The Committees' questions on the Government's United
Kingdom Strategic Export Controls Annual Report 2012 (HC 561)
and the Government's answers Back
417
HC (2013-14) 205, para 104 Back
418
Cm8707, pp 46-47 Back
419
HC (2013-14) 205, para 105 Back
420
Cm8707, p 47 Back
421
Ev w145 - Letter from Vince Cable tot the Chairman of the Committees
on Arms Export Controls dated 30 July 2013 Back
422
HC Deb, 21 November 2013, cols 425-426WH Back
423
Ev w215 - Letter from the Chairman of the Committees on Arms Export
Controls to William Hague dated 24 April 2014 Back
424
Ev w474 - Letter from Vince Cable to the Chairman of the Committees
on Arms Export Controls dated 14 May 2014 Back
425
HC (2013-14) 205, para 106 Back
426
Cm8707, p 48 Back
427
Annex 2 - The Committees' questions on the Government's United
Kingdom Strategic Export Controls Annual Report 2012 (HC 561)
and the Government's answers Back
428
HC Deb, 18 March 2014, col 658 Back
429
Notice to Exporters 2014/06: UK suspends all licences and licence
applications for export to Russian military that could be used
against Ukraine. Export Control Organisation, 18 March
2014 Back
430
Ev w217 - Letter from the Chairman of the Committees on Arms Export
Controls to William Hague dated 24 April 2014 Back
431
Ev w474 - Letter from Vince Cable to the Chairman of the Committees
on Arms Export Controls dated 14 May 2014 Back
432
HC (2013-14) 205, para 107 Back
433
Cm8707, p 49 Back
434
Foreign Affairs Committee, Fifth Report of Session 2013-14, The
UK's relations with Saudi Arabia and Bahrain, HC88, para 68 Back
435
Foreign Affairs Committee, Fifth Report of Session 2013-14, The
UK's relations with Saudi Arabia and Bahrain, HC88, para 78 Back
436 Foreign
And Commonwealth Office, Government Response to the House of
Commons Foreign Affairs Committee's Fifth Report of Session 2013-2014
(HC88) ; The UK's relations with Saudi Arabia and Bahrain,
page 8 Back
437
HC (2013-14) 205, para 120 Back
438
Cm8707, p 57 Back
439
HC (2013-14) 205, para 121 Back
440
Cm8707, pp 57-58 Back
441
HC Deb, 21 November 2013, col 418WH Back
442
HC Deb, 21 November 2013, col 425WH Back
443
"EU arms embargo on Syria", SIPRI, http://www.sipri.org/databases/embargoes/eu_arms_embargoes/syria_LAS/eu-embargo-on-Syria
Back
444
FCO Press release," Foreign Secretary's statement on Syria
arms embargo", 28 May 2013 Back
445
HC Deb, 3 June 2013, Cols 1233-34 Back
446
Ev w138 - Letter from Chairman of CAEC to David Cameron, dated
19 June 2013 Back
447
Ev w141 - Letter from the Foreign Secretary to the Chairman of
Committees on Arms Export Controls, dated 11 July 2013 Back
448
HC (2013-14) 205, para 108 Back
449
Cm8707, pp 49-50 Back
450
HC (2013-14) 205, para 109 Back
451
Cm8707, pp 49-50 Back
452
HC (2013-14) 205, para 109 Back
453
Cm8707, pp 51-52 Back
454
Ev w110 Back
455
HC Deb, 21 November 2013, col 411WH Back
456
HC Deb, 21 November 2013, col 416WH Back
457
Q 5 Back
458
"Syria: Us and UK suspend aid after Islamist fighters seize
weapons stores", The Guardian, 11 December 2013 Back
459
"US and UK suspend non-lethal aid for Syria rebels",
BBC News online, 11 December 2013 Back
460
Ev w194 - Letter from William Hague to the Chairman of the Committees
on Arms Export Controls dated 6 January 2014 Back
461
Q 142 Back
462
Qq 143-144 Back
463
Q 149 Back
464
HC Deb, 1 May 2014, cols 63-64WS Back
465
"Syria chemical attack: What we know", BBC News,24
September 2013 Back
466
EC Regulation 428/2009 is the Dual-Use regulation which lists
all the chemicals which EU Member States consider to have both
a civil and a military use and are, therefore, subject to Government
export controls. Back
467
Ev w148 - Letter from the Chairman of the Committees on Arms Export
Controls to Vince Cable dated 9 September 2013 Back
468
Ev w153 - Letter from Vince Cable to the Chairman of the Committees
on Arms Export Controls dated 10 September 2013 Back
469
Ev w155 - Letter from the Chairman of the Committees on Arms Export
Controls to Vince Cable dated 11 September 2013 Back
470
Ev w162 - Letter from Vince Cable to the Chairman of the Committees
on Arms Export Controls dated 4 October 2013 Back
471
Ev w173 - Letter from Vince Cable to the Chairman of the Committees
on Arms Export Controls dated 11 October 2013 Back
472
Ev w176 - Letter from the Chairman of the Committees on Arms Export
Controls to Vince Cable dated 23 October 2013 Back
473
Ev w177 - Letter from Vince Cable to the Chairman of the Committees
on Arms Export Controls dated 25 October 2013 Back
474
HC Deb, 21 November 2013, col 410WH Back
475
HC Deb, 21 November 2013, col 423WH Back
476
HC Deb, 21 November 2013, col 423WH Back
477
HC Deb, 21 November 2013, col 424WH Back
478
Q 99 Back
479
Q 136 Back
480
Q 137 Back
481
Ev w199 - Letter from the Chairman of the Committees on Arms Export
Controls to Vince Cable dated 20 January 2014 Back
482
Ev w199 - Letter from Vince Cable to the Chairman of the Committees
on Arms Export Controls dated 3 February 2014 Back
483
See: Ev w177 - Letter from Vince cable to the Chairman of the
Committees on Arms Export Controls dated 25 October 2013 Back
484
Ev w191 - Letter from the Clerk of the House to the Chairman of
the Committees on Arms Export Controls dated 28 November 2013 Back
485
Ev w203 -Letter from the Chairman of the Committees on Arms Export
Controls to Vince Cable dated 6 March 2014 Back
486
Ev w217 - Letter from the Chairman of the Committees on Arms Export
Controls to William Hague dated 24 April 2014 Back
487
Ev w492 - Letter from William Hague to the Chairman of the Committees
on Arms Export Controls dated 4 June 2014 Back
488
HC Deb, 9 July 2014, cols 18-19WS Back
489
HC (2013-14) 205, para 122 Back
490
Cm8707, p 58 Back
491
HC (2013-14) 205, para 112 Back
492
Cm8707, p 53 Back
493
HC Deb, 26 April 2012, 43WS Back
494
HC (2013-14) 205, para 115 Back
495
Cm8707, p 55 Back
496
See: HC205 Ev w139 Back
497
See: HC 205, Q 159 Back
498
HC (2013-14) 205, para 116 Back
499
Cm8707, p 55 Back
500
HC (2013-14) 561, page 1 Back
501
Annex 2 - The Committees' questions on the Government's United
Kingdom Strategic Export Controls Annual Report 2012 (HC 561)
and the Government's answers Back
502
Annex 2 - The Committees' questions on the Government's United
Kingdom Strategic Export Controls Annual Report 2012 (HC 561)
and the Government's answers Back
503
HC (2013-14) 205, para 101 Back
504
Cm8707, p 44 Back
505
HC Deb, 21 November 2013, col 407WH Back
506
HC Deb, 21 November 2013, cols 424-425WH Back
507
HC (2013-14) 205, para 102 Back
508
Cm8707, p 45 Back
509
Ev w145 - Letter from Vince Cable to the Chairman of the Committees
on Arms Export Controls dated 30 July 2013 Back
510
Export Control Organisation, Notice to Exporters 2013/23: EU
suspend all export licensing to Egypt of any equipment which might
be used for internal repression, , 23 August 2013 Back
511
Export Control Organisation, Notice to Exporters 2013/24: Suspension
of extant licences for Egypt and changes to OGELs, , 28 August
2013 Back
512
Ev w153 - Letter from Vince Cable to the Chairman of the Committees
on Arms Export Controls dated 10 September 2013 Back
513
Notice to Exporters 2013/27: Egypt - results of the review of
licences, Export Control Organisation, 25 October 2013 Back
514
Ev w113 Back
515
Ev w112 Back
516
Q 8 Back
517
Q 8 Back
518
Q 12 [Roy Isbister] Back
519
HC Deb, 21 November 2013, col 416WH Back
520
HC Deb, 21 November 2013, cols 422-423WH Back
521
Ev w194 - Letter from William Hague to the Chairman of the Committees
on Arms Export Controls dated 6 January 2014 Back
522
Ev w216 - Letter from the Chairman of the Committees on Arms Export
Controls to Vince Cable dated 24 April 2014 Back
523
Ev w474 - Letter from Vince Cable to the Chairman of the Committees
on Arms Export Controls dated 14 May 2014 Back
524
HC (2013-14) 205, para 111 Back
525
Cm8707, pp 52-53 Back
526
Export Control Organisation, Notice to Exporters 2014/04:
EU suspends all export licensing to Ukraine for any equipment
which might be used for internal repression, , 24 February
2014 Back
527
Ev w216 - Letter from the Chairman of the Committees on Arms Export
Controls to Vince Cable dated 24 April 2014 Back
528
Ev w474 - Letter from Vince Cable to the Chairman of the Committees
on Arms Export Controls dated 14 May 2014 Back
529
Ev w220 - Letter from the Chairman of the Committees on Arms Export
Controls to William Hague dated 24 April 2014 Back
530
Ev w474 - Letter from Vince Cable to the Chairman of the Committees
on Arms Export Controls dated 14 May 2014 Back
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