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Surveillance: Telecommunications

Answer

Article 4(2) of Council Regulation (EC) 428/2009 states that a licence will be required for the export of items not listed in Annex I to the regulation if the destination is subject to an embargo imposed by a decision of the Council of the EU, the Organisation for Security and Co-operation in Europe, or a binding resolution of the Security Council of the UN, and the exporter has been informed that the items are or may be intended for use as components in military items, for the development, production or maintenance of military items, or as unfinished products in a plant for the production of military items. In this case, we understand the software is to be used to analyse data from the public mobile telephone network and not as a component in, or for the development, production or maintenance of, military items and therefore Article 4(2) does not apply. Article 1(c) of Council Decision 2010/410/CFSP of 26 July 2010, which repealed Council Decision 2007/140/CFSP, is given effect throughout the European Union by Article 2.1(b) of Council Regulation (EU) 961/2010 of 25 October 2010. This states that it is prohibited to sell, supply, transfer or export equipment which might be used for internal repression as listed in Annex III of the regulation. The software in question is not listed in Annex III and therefore the prohibition in Article 2.1(b) does not apply.

Secondary information

Type

Written question

Reference

13628; 733 c82WA

Session

2010-12

Related items

Surveillance: Telecommunications
Tuesday, 22 November 2011
Written questions
House of Lords

Subjects

Electronic surveillance Exports EU law Sanctions Iran

Link

View this Written question on www.publications.parliament.uk