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OAS MANPADS 2007 8 March OAS Committe on Hemispheric Security Effective National Strategies to Mitigate the MANPADS Threat: Export and Import Controls Colonel Jan-Erik Lövgren Deputy Director General Swedish Inspectorate of Strategic Products

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Page 1: OAS MANPADS 2007 8 March OAS Committe on Hemispheric Security Effective National Strategies to Mitigate the MANPADS Threat: Export and Import Controls

OAS MANPADS 2007 8 March

OASCommitte on Hemispheric Security

Effective National Strategies to Mitigate the MANPADS Threat:

Export and Import Controls

Colonel Jan-Erik LövgrenDeputy Director General

Swedish Inspectorate of Strategic Products

Page 2: OAS MANPADS 2007 8 March OAS Committe on Hemispheric Security Effective National Strategies to Mitigate the MANPADS Threat: Export and Import Controls

OAS MANPADS 2007 8 March

Introduction

• Introduction to Swedish Export Control system• Swedish MANPADS system• International commitments• Implementation on Export Control• Implementation on Import Control

Page 3: OAS MANPADS 2007 8 March OAS Committe on Hemispheric Security Effective National Strategies to Mitigate the MANPADS Threat: Export and Import Controls

OAS MANPADS 2007 8 March

Overview of Swedish “Actors” Parliament

Government

MOD MFA

GOVERNMENT OFFICES

GOVERNMENT AGENCYS

Page 4: OAS MANPADS 2007 8 March OAS Committe on Hemispheric Security Effective National Strategies to Mitigate the MANPADS Threat: Export and Import Controls

OAS MANPADS 2007 8 March

System for export control - ISP

M ilitaryEquipm ent

D ual U seProducts

C W C Adm inistration

Director G eneralDep. Head

• Act on Militaryequipment (SFS 1992:1300)

• Ordinance (SFS 1992:1303)

• Guidelines (GovernmentBill 1991/92:174)

• Regulation EC No 1334/2000

• Act (SFS 2000:1064)

• Ordinance(SFS 2000:1217)

• ISP is National Authority for Implementation

Our Vision: A responsible control of Strategic Products –our contribution to a more secure world.

Page 5: OAS MANPADS 2007 8 March OAS Committe on Hemispheric Security Effective National Strategies to Mitigate the MANPADS Threat: Export and Import Controls

OAS MANPADS 2007 8 March

Military Equipment Act

Permits are required for:

• manufacturing• providing• exports• license agreements• co-operative

agreements• Military training and

education

Information shall be forwarded re.:

• marketing (quarterly)• final and best tenders• actual deliveries• license- and co-operative

agreements (annually)• shares in foreign

companies (annually)

Page 6: OAS MANPADS 2007 8 March OAS Committe on Hemispheric Security Effective National Strategies to Mitigate the MANPADS Threat: Export and Import Controls

OAS MANPADS 2007 8 March

ISP

Company

Classification Advisoryopinion

Notificationof

Tender

Short

Exportlicence

TSC ECC

GovernmentACFA

1 43 5 6

Export Control Process of Military Equipment

1. Request for classification: MEC, OME, non ME2. Application for permit (Manufacturing/brokering)3. Marketing Reports.4. Request for advisory opinion.

5. Notification of binding tender /request for short time.

6. Application for export license (including EUC)7. Delivery declaration

Permit

2 7

Meetings between ISP and the Industry on a regular basis

Page 7: OAS MANPADS 2007 8 March OAS Committe on Hemispheric Security Effective National Strategies to Mitigate the MANPADS Threat: Export and Import Controls

OAS MANPADS 2007 8 March

MANPADS - RBS 70 systemProducer: Saab Bofors Dynamics (SBD)

IFF(optional)

Missile (27 kg)

Sight (38 kg) with ”click on” night sight device(optional)

Tri-pod stand (25 kg)

• 3 persons to carry• 1 person to handle• NOT fire and forget, ”Jam-safe”• Simulator needed

Page 8: OAS MANPADS 2007 8 March OAS Committe on Hemispheric Security Effective National Strategies to Mitigate the MANPADS Threat: Export and Import Controls

OAS MANPADS 2007 8 March

RBS 70 Deliveries

Norway

Ireland

Tunisia

Czech RepublicLithuania

Latvia

Sweden

Finland

United Arab Emirates Thailand

Singapore

Pakistan

Indonesia

Venezuela

USA

Argentina

Bahrain

Australia

Page 9: OAS MANPADS 2007 8 March OAS Committe on Hemispheric Security Effective National Strategies to Mitigate the MANPADS Threat: Export and Import Controls

OAS MANPADS 2007 8 March

International MANPADS commitments

2003 -Wassenaar Arrangement (WA). -G 8 commitments.

2004 -Asia-Pacific Economic Cooperation (APEC). -Organization for Security and Co-operation in Europé (OSCE) – (adopting WA). - G8, Secure and Facilitated International Travel Initiative (SAFTI) agreed at Sea Island - International Civil Aviation Organization (ICAO) – (adopting WA)

2005 -Organization of the American States (OAS)

Page 10: OAS MANPADS 2007 8 March OAS Committe on Hemispheric Security Effective National Strategies to Mitigate the MANPADS Threat: Export and Import Controls

OAS MANPADS 2007 8 March

Implementation of Export Controls in Sweden

Sweden as a producing country is strongly supporting the WA and OSCE, As well as other MANPADS commitments

= CLASSIFIED equipment / information

• Security Agreement, After Government decision to release with ISP and Armed Forces approval.

• May conduct visit to a buyer country

Page 11: OAS MANPADS 2007 8 March OAS Committe on Hemispheric Security Effective National Strategies to Mitigate the MANPADS Threat: Export and Import Controls

OAS MANPADS 2007 8 March

Implementation of Export Controls in Sweden

- Decisions on MANPADS only at senior level.- Case by Case handling in the Export Control Process.- Advisory Opinion by ECC in ”sensitive” cases.- Notification before Tender.- Individual licenses, with End Use Assurance.- Denials by EU Code of Conduct on Arms Exports.- SDB reporting all marketing (quarterly) as well as tenders and actual deliveries bi-yearly- ISP may perform pre- and post-verification visits.- Transparency (reporting to UN, EU, WA, OSCE)- Electronic licensing system – linked to Customs

Page 12: OAS MANPADS 2007 8 March OAS Committe on Hemispheric Security Effective National Strategies to Mitigate the MANPADS Threat: Export and Import Controls

OAS MANPADS 2007 8 March

Export Control Council (ECC)

MoDPresents singleissue from Defence-Policy needs

ISP

Presents single issue

Presents all statisticsabout exports sincelast meeting

MFA

Presents Land-reportin single issue

Appointed by cabinet, meets 10 times/year

Page 13: OAS MANPADS 2007 8 March OAS Committe on Hemispheric Security Effective National Strategies to Mitigate the MANPADS Threat: Export and Import Controls

OAS MANPADS 2007 8 March

GUIDELINES

• Unconditional obstacles for exports

• Conditional obstacles for exports

- UN Security Council decisions- International agreements (EU, OSCE embargo)

- Buyer only State or authorized by the State- Human rights situation, Armed Conflict, Internal Securitysituation, Positive prevention for “Other Military Equipment”

• Follow on deliveries- Positive prevention for spare parts, ammunition to earlier delivered systems

Page 14: OAS MANPADS 2007 8 March OAS Committe on Hemispheric Security Effective National Strategies to Mitigate the MANPADS Threat: Export and Import Controls

OAS MANPADS 2007 8 March

End-User certificate Declaration by End User (DEU)

Banknote form, numbered, for MilitaryEquipment for Combat

Seller BuyerAuthorized

AgencySwedishEmbassy ISP

- Signature - UF 1996:5- Control- Verify

- Courier´s bag

For MANPADS an additional”MANPADS declaration” withlink to appropriate International

MANPADS commitment(WA, APEC, OAS)

”Optional clause to confirm receipt”

Page 15: OAS MANPADS 2007 8 March OAS Committe on Hemispheric Security Effective National Strategies to Mitigate the MANPADS Threat: Export and Import Controls

OAS MANPADS 2007 8 March

Implementation of Import Controls in Sweden

• Presently no import control on MANPADS in the Act on Military equipment, however under consideration by Government.

• Saab Bofors Dynamics under supervision by ISP. Compliance visits with Customs (Export Control Audit) and Police (storage security). ISP will sign foreign end-use assurances from Foreign Government.

• FMV the State buyer. Armed Forces will sign End-Use assurance.

• FMV have also a Security agreement with Saab Bofors Dynamics

Page 16: OAS MANPADS 2007 8 March OAS Committe on Hemispheric Security Effective National Strategies to Mitigate the MANPADS Threat: Export and Import Controls

OAS MANPADS 2007 8 March

Implementation of Import Controls in SwedenDomestic regulations

• Storage of MANPADS RBS 70 by Armed Forces regulation. - Storage of Missiles and Other equipment in separate storage. - Missile storage dual alarm system, Audit / 24 h, Stand By Force - Follow up on individual numbers of all Items - Access to storage requires two people for keys and a Stand By Force

• Transportation of MANPADS RBS 70 by Armed Forces regulation. - Normally missiles and Other equipment in separate transports - May be in the same transport with enhanced security

• Equipment in use in principal the same as above

Page 17: OAS MANPADS 2007 8 March OAS Committe on Hemispheric Security Effective National Strategies to Mitigate the MANPADS Threat: Export and Import Controls

OAS MANPADS 2007 8 March

www.isp.se