Scrutiny of arms Exports and Arms Control - Committees on Arms Export Controls Contents


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.
CountryValue of SIELs (£) Number of extant licences (SIELs and OIELs) CountryValue of SIELs (£) Number of extant licences (SIELs and OIELs)
Afghanistan 23,847,33780 Pakistan49,802,833 219
Belarus128,042 11Russia 86,329,387271
Burma3,332,192 8Saudi Arabia 1,863,182,251 417
China1,486,415,462 1163Somalia 1,914,69426
Colombia20,089,524 53South Sudan 00
Cuba0 3Sri Lanka 8,084,75949
Democratic People's Republic of Korea 00 Sudan7,642,480 14
Democratic Republic of Congo 2,127,98020 Syria143,867 3
Eritrea960,031 6Turkmenistan 1,022,01617
Fiji35,555 4Uzbekistan 7,405,71819
Iran803,440,351 62Vietnam 13,371,24274
Iraq15,915,430 69Yemen 64,78410
Israel and Occupied Palestinian Territories 7,878,776,714381 Zimbabwe2,992,390 46
Libya54,583,388 49Total 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.
      CountryValue of SIELs (£) Number of extant licences CountryValue of SIELs (£) Number of extant licences (SIELS and OIELs)
      Argentina 7,543,10057 Madagascar24,348,066 40
      Bahrain13,630,375 105Tunisia 7,062,29951
      Egypt59,073,314 134Total 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:

        Afghanistan

        Belarus

        Burma

        Central African Republic (CAR)

        China

        Colombia

        Cuba

        Democratic People's Republic of Korea (DPRK)

        Democratic Republic of the Congo (DRC)

        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

        Zimbabwe

          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:

          Argentina

          Bahrain

          Egypt

          Tunisia

        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
        CountryValue of SIELs (£) Number of extant licences (SIELs and OIELs) CountryValue of SIELs (£) Number of extant licences (SIELs and OIELs)
        Afghanistan19,222,964 72Pakistan 49,745,940255
        Belarus5,458,753 13Libya 44,308,07271
        Burma3,273,826 10Russia 131,542,677285
        Central African Republic (CAR) 197,0004 Saudi Arabia1,677,486,389 486
        China1,688,716,748 1146Somalia 4,261,02233
        Colombia32,494,783 65South Sudan 1,795,58013
        Cuba0 4Sri Lanka 49,645,75579
        Democratic People's Republic of Korea 8,3401 Sudan10,225,162 7
        Democratic Republic of Congo 2,173,28727 Syria217,792 5
        Eritrea968,640 7Turkmenistan 5,154,65228
        Fiji37,720 5Uzbekistan 3,171,13314
        Iran41,826,894 53Vietnam 28,447,42274
        Iraq32,458,255 80Yemen 1,596,40812
        Israel and Occupied Palestinian Territories 7,912,249,591470 Zimbabwe2,636,291 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 Committees—May 2014
        CountryValue of SIELs (£) Number of extant licences CountryValue of SIELs (£) Number of extant licences (SIELS and OIELs)
        Argentina26,586,517 64Tunisia 2,005,88743
        Bahrain49,663,146 115Ukraine 21,902,28170
        Egypt65,825,601 129Total 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.

          The Government's answer:

          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 encryption—information security—capability. 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:

            G4S, Israel and the OECD

            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's answer:

            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 SummaryGoods 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, ML22275,051.98
          SIEL (Permanent)general military vehicle components ML6296,400.00
          SIEL (Permanent)goods treated for signature suppression for military use ML177,513,132.00
          SIEL (Permanent)general military vehicle components ML621,379.00
          SIEL (Permanent)general military vehicle components ML628,240.00
          SIEL (Permanent)general military vehicle components ML6228,120.00
          SIEL (Permanent)components for combat naval vessels ML922,472.00
          SIEL (Permanent)equipment employing cryptography, software for equipment employing cryptography 5A002, 5D002636,400.00
          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, ML412,640.63
          SIEL (Permanent)goods treated for signature suppression for military use ML177,513,132.00
          SIEL (Permanent)focal plane arrays 6A00211,040,000.00
          SIEL (Permanent)goods treated for signature suppression for military use ML177,513,132.00
          SIEL (Permanent)body armour ML137,500.00
          SIEL (Permanent)focal plane arrays 6A002389,389.00
          SIEL (Permanent)focal plane arrays 6A00296,000.00

          2. Standard Individual Export Licences for incorporation in third countries and onward supply to Russia
          Application TypeEnd User Countries Goods Annual Report SummaryGoods 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-enginesML10 £99,600.00
          SIEL (Permanent)Italy general military vehicle componentsML6 £80,189.00
          SIEL (Permanent)France components for military aircrew protective equipment ML10£51,950.00
          SIEL (Permanent)Italy general military vehicle componentsML6 £265,644.00
          SIEL (Permanent)France military guidance/navigation equipmentML11 £148,566.00
          SIEL (Permanent)France military aircraft head-up/down displaysML10 £330,620.96
          SIEL (Permanent)Italy general military vehicle componentsML6 £4,743.60
          SIEL (Permanent)Italy general military vehicle componentsML6 £230.00
          SIEL (Permanent)France components for military guidance/navigation equipment ML11£132,164.00
          SIEL (Permanent)France targeting equipmentML5£20,000.00
          SIEL (Permanent)Italy military guidance/navigation equipmentML11 £22,315.67
          SIEL (Permanent)South Africa components for military helicoptersML10 £20,480.00

          3. Open Individual Licences revoked or re-issued without Russia
          Application TypeAction Goods Annual Report SummaryGoods 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 cameras6A003
          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 equipment—in 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 not—and 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 lives—that they could use to save lives—but 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 Syria—one that is committed to a democratic non-sectarian future for Syria—the 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:

              July 2004       50kg

              September 2005    2000kg

              March 2007     50kg

              February 2009    2000kg

              May 2010     50kg

                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.

                3.  Grounds for refusal

                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.

                Conclusions

                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
              DestinationGood Rating Chemical nameGoods Quantity Total Goods

              Value (£)

              Date licence granted
              1Burma1C350.43 Sodium Fluoride500g 19.415/08/2005
              2DPRK1C350.50 Sodium sulphide500g 8.1504/02/2003
              3Egypt1C350.24 Hydrofluoric acid200L 126225/04/2003
              4Egypt1C350.24 Hydrofluoric acid1200L 1184425/04/2006
              5Egypt1C350.43 Sodium Fluoride1000kg 1760006/08/2007
              6Egypt1C350.46 Polyethanolamine1025L 248008/06/2009
              7Egypt1C350.24 Hydrofluoric acid1000L 612801/10/2009
              8Egypt1C350.24 Hydrofluoric acid50L 304.206/01/2011
              9Egypt1C350.43 Sodium Fluoride300kg 271530/08/2011
              10Egypt1C350.43 Sodium Fluoride200kg 181025/11/2011
              11Egypt1C350.43 Sodium Fluoride2000kg 1810017/11/2011
              12Egypt1C350.24 Hydrofluoric acid66L 6.516/11/2012
              13Egypt1C350.43 Sodium Fluoride25kg 27025/03/2013
              14Egypt1C350.43 Sodium Fluoride2000kg 800019/04/2013
              15Egypt1C350.43 Sodium Fluoride6000kg 3000010/052013
              16Iraq1C350.43 Sodium Fluoride50g13.57 17/04/2008
              17Israel1C350.16 Dimethylamine600 tonnes 27500014/11/2003
              18Israel1C350.46 Polyethanolamine120 tonnes 3900018/03/2004
              19Israel1C450a5 Cyanogen Chloride1kg 550008/04/2005
              20Israel1C350.46 Polyethanolamine200 tonnes 17000011/10/2005
              21Israel1C350.24 Hydrogen Fluoride32.4kg 66008/10/2009
              22Israel1C350.24 Hydrogen Fluoride32.4kg 660.9829/01/2010
              23Israel1C350.9 Thionyl chloride500ml 33.6704/04/2013
              24Libya1C350.24 Hydrofluoric acid100L 179606/02/2003
              25Libya1C450b8 Methyldiethanolamine64000kg 134824.0118/08/2003
              26Libya1C350.24 Hydrofluoric acid10L 271.812/05/2004
              27Libya1C350.24 Hydrofluoric acid200L 240024/05/2004
              28Libya1C350.24 Hydrofluoric acid100L 958.8218/06/2004
              29Libya1C350.24 Hydrofluoric acid3000ml 50.5807/06/2005
              30Libya1C350.45 Sodium cyanide3kg621 07/04/2006
              31Libya1C350.24 Hydrofluoric acid6L 115.6803/04/2006
              32Libya1C350.24 Hydrofluoric acid20L 331.428/07/2006
              33Libya1C350.14 Potassium Fluoride500g 125.6105/02/2008
              34Libya1C350.24 Hydrofluoric acid6L 46.8711/07/2008
              35Libya1C350.46 Triethanolamine1L21.46 04/08/2008
              36 Libya1C350.24 Hydrofluoric acid1L 27.3012/08/2009
              1C350.43Sodium Fluoride 1kg31.34
              37Libya1C350.24 Hydrofluoric acid10L 472.312/12/2012
              38Russia1C350.17 Diethyl ethyl phosphonate6kg 30028/01/2004
              39Russia1C450b4 2-Diethylaminoethyl chloride hydrochloride 140kg1903.1902/12/2013
              40Russia1C350.43 Sodium Fluoride2700kg 1050001/04/2004
              41Russia1C350.14 Potassium Fluoride6400kg 12837.529/10/2004
              42Russia1C350.43 Sodium Fluoride10000kg 3890019/11/2004
              43RussiaIC350.14 Potassium Fluoride1600kg 3209.410/02/2005
              44Russia1C350.2 Phosphoryl Chloride1.5L 1469.5928/09/2005
              45Russia1C350.43 Sodium Fluoride25000kg 5256711/11/2005
              46 RussiaIC350.14 Potassium Fluoride20kg 217/11/2005
              1C350.14Potassium Fluoride 20kg2
              47Russia1C450b4 2-(Diethylamino)ethyly chloride hydrochloride 700kg875008/02/2006
              48Russia1C350.14 Potassium Fluoride20000kg 283001-/01/2006
              49Russia1C450b1 Dilsopropyl methylphosphonate100g 7121/02/2006
              50Russia1C350.14 Potassium Fluoride19000kg 3923515/05/2006
              51Russia1C350.14 Potassium Fluoride28400kg 5864611/07/2006
              52Russia1C350.43 Sodium Fluoride45000kg 17505015/08/2006
              53Russia1C350.14 Potassium Fluoride19200kg 3974431/08/2007
              54Russia1C350.14 Potassium Fluoride20kg 25712/10/2007
              55Russia1C350.43 Sodium Fluoride45000kg 17505009/01/2008
              56Russia1C450b4 2-(Diethylamino)ethyly chloride hydrochloride 1000kg1265019/03/2008
              57Russia1C450b4 2-(Diethylamino)ethyly chloride hydrochloride 1000kg1240010/06/2008
              58Russia1C350.3 Dimethyl methylphosphonate10kg 62426/01/2009
              59Russia1C450b4 2-(Diethylamino)ethyly chloride hydrochloride 500kg620015/01/2009
              60Russia1C350.48 Disopropylamine100L 66223/03/2009
              61Russia1C450b4 2-(Diethylamino)ethyly chloride hydrochloride 1000kg1550011/05/2009
              62Russia1C350.43 Sodium Fluoride45000kg 12375007/09/2009
              63Russia1C450b4 2-(Diethylamino)ethyly chloride hydrochloride 1000kg1550017/03/2010
              64Russia1C350.43 Sodium Fluoride
              45000kg
              12375013/04/2010
              65Russia1C450b4 2-(Diethylamino)ethyly chloride hydrochloride 1000kg1550011/05/2009
              66Russia1C450b4 2-(Diethylamino)ethyly chloride hydrochloride 2000kg3100029/09/2010
              67Russia1C450b4 2-(Diethylamino)ethyly chloride hydrochloride 50kg110009/02/2011
              68Russia1C350.43 Sodium Fluoride45000kg 14533201/08/2011
              69Russia1C450b4 2-(Diethylamino)ethyly chloride hydrochloride 2000kg3300014/10/2011
              70Russia1C450b4 2-(Diethylamino)ethyly chloride hydrochloride 2500kg3875030/07/2012
              71Russia1C350.43 Sodium Fluoride45000kg 14044507/03/2013
              72Russia1C450b4 Diethylaminoethylchloride hydrochloride 3500kg4200010/05/2013
              73USA1C350.41 Mixture of Potassium hydrogen difluoride and hydrogen fluoride 350kg2768.528/01/2003
              74USA1C350.46 Polyethanolamine1,560,000kg 45000010/11/2003
              75USA1C350.48 Disopropylamine34800kg 4560021/07/2005
              76USA1C350.24 Hydrogen Fluoride500000kg 85000017/08/2010

              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 Government—your 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
              115/7/2004Sodium Fluoride 50228.5Unknown - No records available Manufacture of toothpasteMADA for Industry & Commerce
              228/9/2005Sodium Fluoride 2,0006,2202,000kgs exported - but not known on which date or in how many shipments as records no longer available Manufacture of toothpasteKaadan &Sioufi
              315/3/2007Sodium Fluoride 50695Unknown - No records available Manufacture of toothpasteMADA for Industry & Commerce
              43/2/2009Sodium Fluoride 2,0006,220Five 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 toothpasteKaadan &Sioufi
              511/5/2010Sodium Fluoride 50345One shipment of 50kg on 16/8/2010 Manufacture of toothpasteMADA for Industry & Commerce
              617/1/2012Sodium Fluoride 1,00010,000No shipments made Metal finishing of aluminium profiles for aluminium showers, window frames Awad Ammora Co. & Partners, Nashabia, Damascus, Syria
              718/1/2012Potassium fluoride 1,00010,200No 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 2012—precursor 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.

                Article 4 states:

                "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:

                  Export Control Policy

                  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 argument—I 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 scale—from what one can see—to 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.

                  The Government's answer:

                  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 Government's answer:

                  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 TypeGoods (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 rapidly—by 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 2011—and the CAEC and others, including the UKWG, took issue with it at the time—it 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 it—that is, what happened—coming, 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 48—it turned out to be 47—more 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 licences—around half of them—have 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 ML6aRevoked 19th July 2013
                    Criterion 2
                    SIEL (Permanent)Egypt ground vehicle military communications equipment ML6aRevoked 19th July 2013 Criterion 2
                    SIEL (Permanent)Egypt components for machine gunsML1a Revoked 19th July 2013Criterion 2
                    SIEL (Permanent)Egypt components for machine gunsML1a Revoked 19th July 2013Criterion 2
                    SIEL (Permanent)Germany components for ground vehicle military communications equipment ML6aRevoked 19th July 2013 Criterion 2
                    SIEL (Permanent)Egypt components for combat helicoptersML10b Suspended 27th August 2013; Licence subsequently surrendered by exporter
                    SIEL (Permanent)Egypt components for military aero-enginesML10d Suspended 27th August 2013; Licence expired whilst suspended, no further reviewing required.
                    SIEL (Permanent)Egypt components for military aero-enginesML10d Suspended 27th August 2013; Unsuspended 25th October 2013
                    SIEL (Permanent)Egypt software for military guidance/navigation equipment ML21aSuspended 27th August 2013; Unsuspended 25th October 2013
                    SIEL (Permanent)Egypt components for combat helicoptersML10a Suspended 27th August 2013; Licence subsequently surrendered by exporter, no further reviewing required.
                    SIEL (Permanent)Egypt components for combat helicoptersML10a Suspended 27th August 2013
                    SIEL (Permanent)Egypt components for combat helicoptersML10a Suspended 27th August 2013
                    SIEL (Permanent)Egypt components for combat helicoptersML10a Suspended 27th August 2013
                    SIEL (Permanent)Egypt components for combat helicoptersML10a Suspended 27th August 2013
                    SIEL (Permanent)Egypt components for combat helicoptersML10a Suspended 27th August 2013
                    SIEL (Permanent)Egypt components for combat helicoptersML10a Suspended 27th August 2013
                    SIEL (Permanent)Egypt components for combat helicoptersML10a Suspended 27th August 2013
                    SIEL (Permanent)Egypt components for combat helicoptersML10a Suspended 27th August 2013
                    SIEL (Permanent)United States components for combat helicoptersML10a Suspended 27th August 2013, Licence Revoked on 25th October 2013
                    Criterion 2
                    SIEL (Permanent)Egypt components for combat helicoptersML10a Suspended 27th August 2013
                    SIEL (Permanent)Egypt components for military helicoptersML10b Suspended 27th August 2013
                    SIEL (Permanent)Egypt components for military helicoptersML10b Suspended 27th August 2013
                    SIEL (Permanent)Egypt components for military helicoptersML10b Suspended 27th August 2013
                    SIEL (Permanent)Russia components for military helicoptersML10b Suspended 27th August 2013, Licence Revoked on 25th October 2013
                    Criterion 2
                    SIEL (Permanent)Egypt components for military helicoptersML10b Suspended 27th August 2013
                    SIEL (Permanent)Egypt components for military parachutes and equipment, military parachutes and equipment ML10h1Suspended 27th August 2013; Unsuspended 25th October 2013
                    SIEL (Permanent)Egypt general military vehicle componentsML6a Suspended 27th August 2013; Unsuspended 25th October 2013
                    SIEL (Permanent)Egypt components for military combat vehiclesML6a Suspended 27th August 2013; Licence expired whilst suspended, no further reviewing required.
                    SIEL (Permanent)Egypt components for military radarsML5b Suspended 27th August 2013; Unsuspended 25th October 2013
                    SIEL (Permanent)Egypt components for military radarsML5b Suspended 27th August 2013; Unsuspended 25th October 2013
                    SIEL (Permanent)Egypt training small arms ammunitionML3a Suspended 27th August 2013; Unsuspended 25th October 2013
                    SIEL (Permanent)Egypt components for military communications equipment ML11aSuspended 27th August 2013; Unsuspended 25th October 2013
                    SIEL (Permanent)Egypt military aircrew protective equipmentML10g Suspended 27th August 2013; Unsuspended 25th October 2013
                    SIEL (Permanent)Egypt components for military training aircraftML10b Suspended 27th August 2013; Unsuspended 25th October 2013
                    SIEL (Permanent)Egypt components for military support aircraftML10b Suspended 27th August 2013; Unsuspended 25th October 2013
                    SIEL (Permanent)Egypt components for military support aircraftML10b Suspended 27th August 2013; Unsuspended 25th October 2013
                    SIEL (Permanent)Egypt components for military training aircraftML10a Suspended 27th August 2013; Unsuspended 25th October 2013
                    SIEL (Permanent)Egypt general military aircraft componentsML10a Suspended 27th August 2013; Unsuspended 25th October 2013
                    SIEL (Permanent)Egypt components for military helicopters, military guidance/navigation equipment ML10b, ML11aSuspended 27th August 2013
                    SIEL (Permanent)Egypt components for military helicoptersML10b Suspended 27th August 2013
                    SIEL (Permanent)Egypt military aero-enginesML10d Suspended 27th August 2013
                    SIEL (Permanent)Egypt cryptographic software5D002c1 Suspended 27th August 2013; Licence expired whilst suspended, no further reviewing required.
                    SIEL (Permanent)Egypt equipment employing cryptography, software for equipment employing cryptography 5A002a1a, 5D002aSuspended 27th August 2013, Licence Revoked on 25th October 2013
                    Criterion 2
                    SIEL (Permanent)Egypt equipment employing cryptography5A002a1a 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, ML22aSuspended 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, ML4b1Suspended 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, ML10bSuspended 27th August 2013; Unsuspended 25th October 2013
                    OIEL (Military / Dual Use)Egypt components for military aero-enginesML10d 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, PL5017Suspended 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, 5E002bSuspended 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 SummaryGoods 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 TypeGoods Annual Report Summary Goods RatingTotal Goods Value (£)
                    SIEL (Permanent)gun silencers, sporting guns (15), sporting guns (20) ML119200
                    SIEL (Permanent)gun silencers ML1119000
                    SIEL (Permanent)gun silencers ML1140000
                    SIEL (Permanent)sporting guns (2) ML1112000
                    SIEL (Permanent)sporting guns (1) ML165000
                    SIEL (Permanent)sporting guns (1) ML169805
                    SIEL (Temporary)sporting guns (1) ML1198000
                    SIEL (Permanent)sniper rifles (1) ML12500
                    SIEL (Permanent)sporting guns (20) ML110000
                    SIEL (Permanent)sporting guns (10) ML110000
                    SIEL (Permanent)components for rifles ML16000
                    SIEL (Permanent)sporting guns (5) ML116000
                    SIEL (Permanent)sniper rifles (3) ML116000
                    SIEL (Permanent)components for sniper rifles, sniper rifles (3) ML130000
                    SIEL (Permanent)sporting guns (2), sporting guns (20), sporting guns (5), sporting guns (6) ML137500
                    SIEL (Permanent)rifles (1), rifles (2), rifles (3), rifles (4) ML119588
                    SIEL (Permanent)sniper rifles (5) ML122500
                    SIEL (Permanent)sniper rifles (3), sporting guns (1), sporting guns (3), sporting guns (6) ML136500
                    SIEL (Permanent)gun silencers ML180000
                    SIEL (Permanent)components for sporting guns ML115000
                    SIEL (Permanent)components for sniper rifles ML18400
                    SIEL (Permanent)body armour, components for body armour, military helmets ML13346000

                    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 TypeAction Goods Annual Report Summary

                    Goods Rating
                    OIEL (Military / Dual Use)Re-issued sporting gunsML1
                    OITCLRe-issuedgun 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 personnel—whether Government personnel or Government-approved personnel—had 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

                      Ìîñêàëü Ãåíà

                      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:

                      Ukraine - sniper rifles

                      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 DescriptionQuantity Total Licensed Value (£)End-User
                    28/09/2010Stock System, Rifle Calibre .300, Rifle Calibre .308, 700 Bolt Action Rifle Calibre .308 615000Arm Elit
                    14/01/2011Bolt Action Rifle Calibre .338 1036000Arm Elit
                    27/06/2011Hunting Rifle Calibre .308 515000Arm Elit
                    30/06/2011NATO Model Rifle Calibre 7.62 x 51 515000Arm Elit
                    06/07/2011Bolt Action Rifle Calibre .308, Ammunition Calibre .300, Ammunition 15113400Arm Elit
                    19/08/2011Hunting Rifle Calibre .308 515000Arm Elit
                    26/09/2011Bolt Action Rifle Calibre .308 618000Arm Elit
                    27/10/2011Semi Automatic Rifle Calibre .308, Spare Magazine, Suppressor. 311605Arm Elit
                    14/03/2012Bolt Action Rifle Calibre .300 12500Arm Elit
                    15/08/2012Repeating Target Rifle (6.5x47mm) with 2 spare barrels. 31500Private Individual
                    21/12/2012Bolt Action Rifle. Calibre .338 316000Arm Elit
                    07/01/2013Bolt Action Rifle Calibre .338 with interchangeable spare barrels in calibre .300 & .308 330000Arm Elit
                    15/04/2013Bolt Action Rifle Calibre .308 522500Arm Elit
                    12/04/2013Desert Tactical Arms SRS Chassis System with Conversion Kit, Bolt Action Rifle Calibre .308 22" Barrel 624000Arm Elit
                    23/07/2013Bolt Action Rifle Calibre .338 with Spare Barrel Calibre .338 37000Private Individual
                    26/07/2013Bolt Action Rifle .338 15300Private Individual
                    24/09/2013Bolt Action Rifle Calibre .22-250, Bolt Action Rifle Calibre 6.5-284 336500Arm 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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                  Prepared 23 July 2014