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Statement on what steps the Government has taken to consolidate the UK's national criteria against which the Government assesses licence applications to export arms and dual-use equipment with those of the EU Code of Conduct on Arms Exports; and if he will make a statement. - Includes ref to 28...

Asked by

Laura Moffatt (Labour)

Answering body

Foreign and Commonwealth Office

Type

Written questions

Status

Answered

Tabled on

25 October 2000

For answer on

26 October 2000

Answered on

26 October 2000

Laura Moffatt: To ask the Secretary of State for Foreign and Commonwealth Affairs what steps the Government have taken to consolidate the UK's national criteria against which the Government assess licence applications to export arms and dual-use equipment with those of the EU Code of Conduct on Arms Exports; and if he will make a statement. [135683] Mr. Hain: Licences to export arms and other goods controlled for strategic reasons are issued by the Secretary of State for Trade and Industry, acting through the Export Control Organisation of the DTI. All relevant individual licence applications are circulated by DTI to other Government Departments with an interest, as determined by those Departments in line with their own policy responsibilities. These include the Foreign and Commonwealth Office, the Ministry of Defence and the Department for International Development. In the Foreign Secretary's reply to my hon. Friend the Member for East Ham (Mr. Timms) on 28 July 1997, Official Report, column 27, he set out the criteria which would be used in considering advance approvals for promotion prior to formal application for an export licence, applications for licences to export miliary equipment, and dual-use goods where there are grounds for believing that the end-user will be the armed forces or internal security forces of the recipient country. As my right hon. Friend said then, the Government are committed to the maintenance of a strong defence industry as part of our industrial base as well as of our defence effort, and recognise that defence exports can also contribute to international stability by strengthening collective defence relationships; but believe that arms transfers must be managed responsibly. We have since taken a range of measures designed to ensure the highest standards of responsibility in our export control policies. These include the adoption during the UK's Presidency of the EU of a Code of Conduct on Arms Exports; the publication of Annual Reports on Strategic Export Controls which are among the most transparent of those of any arms exporting country; the ban on the export of equipment used for torture; the ratification of the Ottawa Convention on anti-personnel landmines and the passage of the Land Mines Act; and our many efforts to combat illicit trafficking in and destabilising accumulations of small arms. Since the Council of the European Union adopted the EU Code of Conduct on Arms Exports on 8 June 1998, all relevant licence applications have been assessed against the UK's national criteria and those in the Code of Conduct, which represent minimum standards that all member states have agreed to apply. The criteria in the EU Code of Conduct are compatible with those which I announced in July 1997. At the same time there is a large degree of overlap between the two. It is clearly in the interests of Government Departments involved in assessing licence applications, British exporters and other interested parties that the criteria which are used should be set out as clearly and unambiguously as possible. With immediate effect, therefore, the following consolidated criteria will be used in considering all individual applications for licences to export goods on the Military List, which forms Part III of Schedule 1 to the Export of Goods (Control) Order 1994; advance approvals for promotion prior to formal application for an export licence; and licence applications for the export of dual-use goods as specified in Annexe 1 of Council Decision 94/942/CFSP when there are grounds for believing that the end-user of such goods will be the armed forces or internal security forces or similar entities in the recipient country, or that the goods will be used to produce arms or other goods on the Military List for such end-users. The criteria are based on those in the EU Code of Conduct, incorporating elements from the UK's national criteria where appropriate. As before, they will not be applied mechanistically but on a case-by-case basis, using judgment and commonsense. Neither the fact of this consolidation, nor any minor additions or amendments to the wording of the two sets of criteria used before, should be taken to imply any change in policy or in its application. An export licence will not be issued if the arguments for doing so are outweighed by the need to comply with the UK's international obligations and commitments, by concern that the goods might be used for internal repression or international aggression, by the risks to regional stability or by other considerations as described in these criteria. Criterion One Respect for the UK's international commitments, in particular sanctions decreed by the UN Security Council and those decreed by the European Community, agreements on non-proliferation and other subjects, as well as other international obligations. The Government will not issue an export licence if approval would be inconsistent with, inter alia: (a) the UK's international obligations and its commitments to enforce UN, OSCE and EU arms embargoes, as well as national embargoes observed by the UK and other commitments regarding the application of strategic export controls; (b) the UK's international obligations under the Nuclear Non-Proliferation Treaty, the Biological and Toxin Weapons Convention and the Chemical Weapons Convention; (c) the UK's commitments in the frameworks of the Australia Group, the Missile Technology Control Regime, the Nuclear Suppliers Group and the Wassenaar Arrangement; (d) the Guidelines for Conventional Arms Transfers agreed by the Permanent Five members of the UN Security Council, the OSCE Principles Governing Conventional Arms Transfers and the EU Code of Conduct on Arms Exports; (e) the UK's obligations under the Ottawa Convention and the 1998 Land Mines Act; (f) the UN Convention on Certain Conventional Weapons. Criterion Two The respect of human rights and fundamental freedoms in the country of final destination. Having assessed the recipient country's attitude towards relevant principles established by international human rights instruments, the Government will: (a) not issue an export licence if there is a clear risk that the proposed export might be used for internal repression; (b) exercise special caution and vigilance in issuing licences, on a case-by-case basis and taking account of the nature of the equipment, to countries where serious violations of human rights have been established by the competent bodies of the UN, the Council of Europe or by the EU. For these purposes, equipment which might be used for internal repression will include, inter alia, equipment where there is evidence of the use of this or similar equipment for internal repression by the proposed end-user, or where there is reason to believe that the equipment will be diverted from its stated end-use or end-user and used for internal repression. The nature of the equipment will be considered carefully, particularly if it is intended for internal security purposes. Internal repression includes, inter alia, torture and other cruel, inhuman and degrading treatment or punishment; summary, arbitrary or extra-judicial executions; disappearances; arbitrary detentions; and other major suppression or violations of human rights and fundamental freedoms as set out in relevant international human rights instruments, including the Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights. The Government considers that in some cases the use of force by a Government within its own borders, for example to preserve law and order against terrorists or other criminals, is legitimate and does not constitute internal repression, as long as force is used in accordance with the international human rights standards described. Criterion Three The internal situation in the country of final destination, as a function of the existence of tensions or armed conflicts. The Government will not issue licences for exports which would provoke or prolong armed conflicts or aggravate existing tensions or conflicts in the country of final destination. Criterion Four Preservation of regional peace, security and stability. The Government will not issue an export licence if there is a clear risk that the intended recipient would use the proposed export aggressively against another country or to assert by force a territorial claim. However a purely theoretical possibility that the items concerned might be used in the future against another state will not of itself lead to a licence being refused. When considering these risks, the Government will take into account inter alia: (a) the existence or likelihood of armed conflict between the recipient and another country; (b) a claim against the territory of a neighbouring country which the recipient has in the past tried or threatened to pursue by means of force; (c) whether the equipment would be likely to be used other than for the legitimate national security and defence of the recipient; (d) the need not to affect adversely regional stability in any significant way, taking into account the balance of forces between the states of the region concerned, their relative expenditure on defence, the potential for the equipment significantly to enhance the effectiveness of existing capabilities or to improve force projection, and the need not to introduce into the region new capabilities which would be likely to lead to increased tension. Criterion Five The national security of the UK, of territories whose external relations are the UK's responsibility, and of allies, EU member states and other friendly countries. The Government will take into account: (a) the potential effect of the proposed export on the UK's defence and security interests or on those of other territories and countries as described above, while recognising that this factor cannot affect consideration of the criteria on respect of human rights and on regional peace, security and stability; (b) the risk of the goods concerned being used against UK forces or on those of other territories and countries as described above; (c) the risk of reverse engineering or unintended technology transfer; (d) the need to protect UK military classified information and capabilities. 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. The Government will take into account inter alia the record of the buyer country with regard to: (a) its support or encouragement of terrorism and international organised crime; (b) its compliance with its international commitments, in particular on the non-use of force, including under international humanitarian law applicable to international and non- international conflicts; (c) its commitment to non-proliferation and other areas of arms control and disarmament, in particular the signature, ratification and implementation of relevant arms control and disarmament conventions referred to in sub-para (b) of Criterion One. Criterion Seven The existence of a risk that the equipment will be diverted within the buyer country or re-exported under undesirable conditions. In assessing the impact of the proposed export on the importing country and the risk that exported goods might be diverted to an undesirable end-user, the following will be considered: (a) the legitimate defence and domestic security interests of the recipient country, including any involvement in UN or other peace-keeping activity; (b) the technical capability of the recipient country to use the equipment; (c) the capability of the recipient country to exert effective export controls. The Government will pay particular attention to the need to avoid diversion of UK exports to terrorist organisations. Proposed exports of anti-terrorist equipment will be given particularly careful consideration in this context. Criterion Eight The compatibility of the arms exports with the technical and economic capacity of the recipient country, taking into account the desirability that states should achieve their legitimate needs of security and defence with the least diversion for armaments of human and economic resources. The Government will take into account, in the light of information from relevant sources such as United Nations Development Programme, World bank, IMF and Organisation for Economic Co-operation and Development reports, whether the proposed export would seriously undermine the economy or seriously hamper the sustainable development of the recipient country. The Government will consider in this context the recipient country's relative levels of military and social expenditure, taking into account also any EU or bilateral aid, and its public finances, balance of payments, external debt, economic and social development and any IMF- or World bank-sponsored economic reform programme. Other Factors Operative Provision 10 of the EU Code of Conduct specifies that member states may where appropriate also take into account the effect of proposed exports on their economic, social, commercial and industrial interests, but that these factors will not affect the application of the criteria in the Code. The Government will thus continue when considering export licence applications to give full weight to the UK's national interest, including: (a) the potential effect on the UK's economic, financial and commercial interests, including our long-term interests in having stable, democratic trading partners; (b) the potential effect on the UK's relations with the recipient country; (c) the potential effect on any collaborative defence production or procurement project with allies or EU partners; (d) the protection of the UK's essential strategic industrial base. In the application of the criteria, account will be taken of reliable evidence, including, for example, reporting from diplomatic posts, relevant reports by international bodies, intelligence and information from open sources and non-governmental organisations.

Legislation

Export of Goods (Control) Order 1994

Date

26 October 2000

Reference

355 c199-203W; 135683

House

House of Commons

Clinton-Davis, Lord

Whether they will subdivide the ML1 category used in the Export of Goods (Control) Order, so as to distinguish between firearms and other items. [HL 2576].

Asked by

Lord Avebury (Liberal Democrat)

Type

Written questions

Status

Answered

Date

14 July 1998

Reference

592 c9WA; HL 2576

House

House of Lords

Dept of Trade and Industry

To ask the President of the Board of Trade, if she will list the categories of equipment which are regarded as of potential use in torture whose export has been banned since 1st May 1997. - Including ref to 28 July 1997, 299 c65-6W. (Holding answer 24 March 1998).

Asked by

Norman Baker (Liberal Democrat)

Answering body

Department of Trade and Industry

Type

Written questions

Status

Answered

Date

31 March 1998

Reference

309 c473-4W; 35938

House

House of Commons

Dept of Trade and Industry

To ask the President of the Board of Trade, if she will provide details of the export licences (a) granted since 1988 and (b) pending for the export of tear gas and plastic baton rounds to Kenya. - Inc table and ref to 299 c870-1W, 30 October 1997.

Asked by

Ann Clwyd (Labour)

Answering body

Department of Trade and Industry

Type

Written questions

Status

Answered

Tabled on

5 December 1997

For answer on

18 December 1997

Answered on

18 December 1997

Ann Clwyd: To ask the President of the Board of Trade if she will provide details of the export licences (a) granted since 1988 and (b) pending for the export of tear gas and plastic baton rounds to Kenya. [20054] Mrs. Roche: These goods, and others, are controlled under different entries in Part 1 of Schedule III to the Export of Goods (Control) Order which are known as the ratings for these goods: tear gas under entry ML7; and plastic baton rounds under entries ML3 or PL5018. The Export Control Organisation's computer databases have been interrogated, and the following results were obtained. As of 9 December 1997, 61 standard individual export licences are recorded as having been issued since 1 January 1991 for the export to Kenya of goods with these ratings. Since 1 January 1994, no Open Individual Export Licences (OIELs) have been issued for the export to Kenya of such goods. Number of standard individual export licences covering the export to Kenya of goods with this rating _________________________________________________________________________________________________. Rating Number ML7 0 ML3 49 PL5018 12 _________________________________________________________________________________________________. However, this information should be considered in light of the answer I gave to my hon. Friend the Member for Don Valley (Caroline Flint), on 30 October 1997, Official Report, columns 870-71. It would entail disproportionate cost to determine which, if any, of the licences on which data are set out in the table covered the specified goods. Similarly, information on any standard individual export licences and/or OIELs for the export to Kenya of the specified goods that may have been issued before these dates could be provided only at disproportionate cost. In addition, goods with the relevant ratings may have been exported to Kenya under the following Open General Export licences: OGEL (export after repair: military goods) and OGEL (export after exhibition: military goods), both of which were first issued on 1 March 1994. As of 21 November 1997, two applications for standard individual export licences for the export of Kenya of goods with one or more of the relevant ratings were awaiting a decision and none for Open Individual Export Licences with this coverage.

Legislation

Exports of Goods (Control) Order 1994

Date

18 December 1997

Reference

20054; 303 c311W

House

House of Commons

Symons of Vernham Dean, Baroness

Statement on what criteria will be used in considering licence applications for the export of conventional arms. - Includes details of new criteria to be applied for future applications.

Asked by

Lord Gladwin of Clee (Labour)

Type

Written questions

Status

Answered

Date

29 July 1997

Reference

582 c20-3WA

House

House of Lords

Foreign and Commonwealth Office

Statement on criteria to be used in considering licence applications for the export of conventional arms.[Also published as FCO leaflet]

Asked by

Stephen Timms (Labour)

Answering body

Foreign and Commonwealth Office

Type

Written questions

Status

Answered

For answer on

28 July 1997

Answered on

28 July 1997

Mr. Timms: To ask the Secretary of State for Foreign and Commonwealth Affairs what criteria will be used in considering licence applications for the export of conventional arms; and if he will make a statement. [11461] Mr. Robin Cook: The Government are committed to the maintenance of a strong defence industry which is a strategic part of our industrial base as well as of our defence effort. Defence exports can also contribute to international stability by strengthening bilateral and collective defence relationships in accordance with the right of self-defence recognised by the UN charter, but arms transfers must be managed responsibly, in particular so as to avoid their use for internal repression and international aggression. It will be important to avoid a situation in which our policy of seeking to prevent certain regimes from acquiring certain equipment is undermined by foreign competitors supplying them. We will therefore work for the introduction of a European code of conduct, setting high common standards to govern arms exports from all EU member states. Licences to export strategic goods are issued by the President of the Board of Trade and the export control organisation of the Department of Trade and Industry is the licensing authority. All relevant individual licence applications are circulated by the DTI to other Government Departments with an interest, as determined by it in line with its policy responsibilities. These include the Foreign and Commonwealth Office, the Ministry of Defence and the Department for International Development. The present Government were not responsible for the decisions on export licences made by the previous Administration. We do not, however, consider that it would be realistic or practical to revoke licences that were valid and in force at the time of our election. The criteria set out below will be used when considering all future individual applications for licences to export goods entered in part III of schedule 1 to the Export of Goods (Control) Order 1994 and existing licence applications on which a decision has not yet been made. The criteria will also be applied when considering advance approvals for promotion prior to formal application for an export licence and licence applications for the export of dual-use goods when there are grounds for believing that the end user of such goods will be the armed forces or the internal security forces of the recipient country. The criteria will constitute broad guidance. They will not be applied mechanistically and judgment will always be required. Individual applications will be considered case by case. Criteria used in considering conventional arms export licence applications 1. An export licence will not be issued if the arguments for doing so are outweighed by the need to comply with the UK's international obligations and commitments, or by concern that the goods might be used for internal repression or international aggression, or by the risks to regional stability, or other considerations as described in these criteria. The United Kingdom's international obligations 2. An export licence should be refused if approval would be inconsistent with: (a) the UK's international obligations and commitments to enforce United Nations Organisation for Security and Co-operation in Europe and European Union arms embargoes, together with any national embargoes or other commitments regarding the application of strategic export controls; (b) the UK's international obligations under the nuclear non-proliferation treaty, the biological weapons convention and the chemical weapons convention; (c) the UK's commitments to the international export control regimes--the Australia group, the missile technology control regime, the nuclear suppliers group and the Wassenaar arrangement; (d) the EU common criteria for arms exports, the guidelines for conventional arms transfers agreed by the permanent five members of the UN Security Council, and the OSCE principles governing conventional arms transfers; (e) the UK's commitment not to export all forms of anti-personnel land mines and their components. The United Kingdom's national interests 3. Full weight should be given to the UK's national interests when considering applications for licences, including: (a) the potential effect on the UK's defence and security interests and those of allies and EU partners; (b) the potential effect on the UK's economic, financial and commercial interests, including our long-term interests in having stable, democratic trading partners; (c) the potential effect on the UK's relations with the recipient country; (d) the potential effect on any collaborative defence production or procurement project with allies or EU partners; (e) the protection of the UK's essential strategic industrial base. Human rights and internal repression 4. The Government: (a) will take into account respect for human rights and fundamental freedoms in the recipient country; (b) will not issue an export licence if there is a clearly identifiable risk that the proposed export might be used for internal repression. 5. For these purposes equipment which might be used for internal repression will include: (a) Equipment where there is clear evidence of the recent use of similar equipment for internal repression by the proposed end user, or where there is reason to believe that the equipment will be diverted from its stated end use or end user and used for internal repression; (b) Equipment which has obvious application for internal repression, in cases where the recipient country has a significant and continuing record of such repression, unless the end use of the equipment is judged to be legitimate, such as protection of members of security forces from violence. 6. The nature of the equipment proposed for export will also be carefully considered. Certain goods have more obvious potential for use in internal repression that others, such as armoured personnel carriers specifically designed for internal security. In other cases, there may be prima facie reasons for believing that a particular equipment might be used in such roles in certain circumstances. Any proposed export which is to be used by the recipient country for internal security purposes should be considered particularly carefully. 7. Internal repression includes extra judicial killings, arbitrary arrest, torture, suppression or major violation of human rights and fundamental freedoms. In some cases, the use of force by a Government within its own borders does not constitute internal repression. The use of such force by Governments is legitimate in some cases, for example to preserve law and order against terrorists or other criminals. However, force may be used only in accordance with international human rights standards. International Aggression 8. The Government will not issue an export licence if there is a clearly identifiable risk that the intended recipient would use the proposed export aggressively against another country, or to assert by force a territorial claim. However, a purely theoretical possibility that the items concerned might be used in the future against another state will not of itself lead to a licence being refused. 9. When considering the risk that the country for which arms are destined might use them for international aggression, the Government will take into account: (a) the existence or likelihood of armed conflict between the recipient and another country; (b) a claim against the territory of a neighbouring country which the recipient has in the past tried or threatened to pursue by means of force; (c) whether the equipment wold be likely to be used other than for the legitimate national security and defence of the recipient. Regional stability 10. The need not to affect adversely regional stability in any significant way will also be considered. The balance of forces between neighbouring states, their relative expenditure on defence, and the need not to introduce into the region new capabilities which would be likely to lead to increased tension, will all be taken into account. Other criteria 11. In assessing the impact of the proposed export on the importing country and the risk that exported goods might be diverted to an undesirable end user, the following will be considered: (a) the legitimate defence and domestic security interests of the recipient country, including any involvement in UN or other peacekeeping activity; (b) the technical capability of the recipient country to use the equipment; (c) whether the purchase would seriously undermine the economy of the recipient country, taking into account its public finances, balance of payments, external debt, economic and social development and any International Monetary Fund/World Bank-sponsored economic reform programme; (d) the risk of the arms being re-exported or diverted to an undesirable end user, including terrorist organisations-- anti-terrorist equipment would need particularly careful consideration in this context. 12. The following factors will also be taken into account: (a) the risk of use of the goods concerned against UK forces; (b) the need to protect UK military classified information and capabilities; (c) the potential for the equipment to be a force multiplier in the region; (d) the risk of reverse engineering or technology transfer. 13. In the application of all the above criteria, account should also be taken of, for example, reporting from diplomatic posts, relevant reports by international bodies, intelligence, and information from open sources and non-governmental organisations. Reporting to Parliament To ensure full transparency and accountability to Parliament, the Government will report annually on the state of strategic export controls and their application, thereby providing for parliamentary consideration of the application of the criteria. The Government will also inform Parliament of any changes to the criteria.

Legislation

Export of Goods (Control) Order 1994

Date

28 July 1997

Reference

11461; 299 c26-9W

House

House of Commons

Dept of Trade and Industry

Pursuant to 267 c426-7W, on military equipment embargos, if he will set out which parts and groups of the Export of Goods (Control) Order 1994 apply in each case where an embargo has been imposed. - Includes list.

Asked by

Llew Smith (Labour)

Answering body

Department of Trade and Industry

Type

Written questions

Status

Answered

Date

30 January 1996

Reference

11051; 270 c654-5W

House

House of Commons

Statutory Instruments Joint Select Committee twenty-sixth report with memoranda and evidence on Draft Units of Measurement Regulations 1994, Draft Weights and Measures Act 1985 (Metrication) Amendment Order 1994, Draft Weights and Measures (Metrication) Miscellaneous Goods (Amendment) Order 1994, SI 1994/1610, SI 1994/1531, SI 1994/1554, SI 1994/1679, SI 1994/1681, SI 1994/1733, SI 1994/1737, SI 1994/1431, SI 1994/1191, SI 1994/1662, SI 1994/1386, SI 1994/1683, SI 1994/1815, SI 1994/1323, SI 1994/1324, SI 1994/1325, SI 1994/1326, SI 1994/1701, SI 1994/1721, SI 1994/1729, SI 1994/1743, SI 1994/1744, SI 1994/1784, SI 1994/1768, SI 1994/197, SI 1994/1806 and SI 1994/1730.

Type

House of Commons papers; House of Lords papers; Select Committee oral evidence; Parliamentary committees

Committee

Joint Committee on Statutory Instruments

Legislation

Units of Measurement Regulations 1994; Nitrate Sensitive Areas Regulations 1994; Weights and Measures Act 1985 (Metrication) (Amendment) Order 1994; Sea Fishing (Enforcement of Community Quota Measures) Order 1994; Feeding stuffs (Sampling and Analysis) (Amendment) Regulations 1994; Medicines (Fees Relating to Medicinal Products for Animal Use) Regulations 1994; Medicines (Medicated Animal Feeding Stuffs) (Amendment) Regulations 1994; Aircraft Operators (Accounts and Records) Regulations 1994; Organic Aid (Scotland) Regulations 1994; Civil Aviation (Personnel Licences) Order 1992 (Amendment) Regulations 1994; European Parliamentary (United Kingdom Representatives) Pensions (Consolidation and Amendment) Order 1994; Third Country Fishing (Enforcement) Order 1994; Royal Ulster Constabulary Reserve (Full-time) Pensions Regulations 1994; Haiti (United Nations Sanctions) (Channel Islands) Order 1994; Haiti (United Nations Sanctions) Order 1994; Haiti (United Nations Sanctions) (Dependent Territories) Order 1994; Haiti (United Nations Sanctions) (Isle of Man) Order 1994; Household Appliances (Noise Emission) (Amendment) Regulations 1994; Notification of Existing Substances (Enforcement) Regulations 1994; Metropolitan Police Force (Compensation for Loss of Office) Regulations 1994; Organic Farming (Aid) Regulations 1994; Education (National Curriculum) (Attainment Targets and Programmes of Study in History) (Wales) (Amendment) Order 1994; Race Relations (Interest on Awards) Regulations 1994; Export of Goods (Control) Order 1994; Education (National Curriculum) (Attainment Targets and Programmes of Study in Geography) (Wales) (Amendment) Order 1994; Education (National Curriculum) (Attainment Targets and Programmes of Study in Modern Foreign Languages and Technology at Key Stage 4) (Amendment) Order 1994; Electricity (Class Exemptions from the Requirement for a Licence) (Amendment) (No. 2) Order 1994; Non-Domestic Rating Contributions (England) (Amendment) (No. 2) Regulations 1994; Plugs and Sockets etc. (Safety) Regulations 1994

Date

18 October 1994

Reference

HC 19-xxvii 1993/94;HL 89 1993/94

House

House of Lords; House of Commons

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