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Proceeding contribution from Ian Pearson (Labour) in the House of Commons on Thursday, 26 March 2009. It occurred during Adjournment debate on Arms Export Controls.


Arms Export Controls

It is not many, but we are not aware of widespread abuse of the UK's export licensing regime. We have tough standards, and I like to believe that unscrupulous people of the sort that the hon. Gentleman mentions would not get through our licensing application process. I turn to the question of tightening controls on the export of non-controlled goods through enhanced military end-use control arrangements, rather than additional legislation. We will be engaging with industry and NGO stakeholders in order to obtain their views on our proposals, so that we can ensure a level playing field throughout Europe. It is envisaged that an enhanced military end-use control would cover a wider range of goods than at present, and that it would apply to goods going to sensitive destinations rather than only to embargoed countries as at present. The hon. Member for Montgomeryshire spoke of a single action clause. My understanding is that what we propose for the enhanced EU military end-use control is similar. As for the extension of extraterritorial trade control coverage from small arms and light weapons to other weapons or even the entire military list, the House will be aware that we are committed to and have prioritised the introduction of controls based on evidence of the associated risk. We have asked NGO and industry stakeholders to consider the case for extensions of controls to be applied to even more military goods. They hope to submit a proposal shortly, and we will meet them to discuss it. We will, of course, report on the proposal once it has been evaluated. As with all new regulation, we need to be satisfied that there is sufficient evidence of a problem to justify extending controls in that way, and that the additional burden on business will be proportionate to the risk. My hon. Friend the Member for Kingswood also raised the question of anti-vehicle land mines. I am aware of the concerns that have been expressed about their being placed in category C of the new trade controls, rather than category B. Indeed, the matter was discussed when I gave evidence to the Committees. Their status as category C goods means that their export from the UK remains fully controlled. The principal effect of moving them to category B would be to control trading activities by UK persons operating outside the UK. No country has made a specific international commitment to make that change. Our commitments relating to the verification and monitoring systems governing the transfer of anti-vehicle land mines will be unaffected, regardless of whether they are in category B or category C. No doubt, however, we will continue to pursue the matter. I wish to discuss briefly the no re-export clauses, a subject that was raised by several Members and mentioned during my appearance before the Committees. The Government remain unconvinced that it is necessary or feasible to require overseas entities to seek permission from the UK authorities in order to re-export items that are already outside the UK. Such a system would be onerous to operate and extremely difficult to enforce outside the UK's legal jurisdiction. In reality, re-export clauses would not increase our real-world powers; and we factor the risk of diversion or re-export to undesirable end users into our risk assessment at the application stage. We would not license the export unless it was consistent with the consolidated criteria. When applying for a seal, all exporters have to provide an undertaking from the end user that the goods will be used for the purposes stated in the undertaking. If the export is going to a consignee who intends to hold the goods in stock against future orders, he must state whether the goods will be re-exported from their original destination. In the latter case, that is factored into the licensing risk assessment.


Secondary information

Type
Proceeding contribution
Reference
490 c169-70WH 
Session
2008-09
Chamber / Committee
Westminster Hall
Subjects
Arms trade Licensing Export controls Parliamentary scrutiny Regulation
Link
View this Proceeding contribution on www.publications.parliament.uk