July 2017 challenges and good practices in the implementation of the eus arms and dualuse export controls a crosssector analysis sibylle bauer, kolja brockmann. The original proposed rule, issued by the bureau of industry and security bis, contained flaws. Regulatory policy division electronic frontier foundation. Best practice guidelines on subsequent transfer reexport. The wassenaar arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability. Participating states seek, through their national policies, to ensure that transfers of these items do not contribute to the. Strengthening dialogue between china and the wassenaar.
The wassenaar arrangement is a 41country, voluntary export control agreement. The wassenaar arrangement wa, the first global multilateral arrangement on export controls for conventional weapons and sensitive dualuse goods and technologies, received final approval by 33 cofounding countries in july 1996 and began operations in september 1996. It is the successor regime to the coordinating committee for multilateral export controls cocom established by nato in 1949 to control the export of military equipment and dualuse. In doing so, comparative and normative research methods are chosen to analyze existing literature on council regulation 4282009 and other international export control groups, including the wassenaar arrangement, the missile technology control regime mtcr, the australia group ag and the nuclear suppliers group nsg. The wassenaar arrangement s language on intrusion so. The wassenaar arrangement on export controls for conventional arms and dualuse goods and technologies is an international agreement established in 1996. Each document posted on the site includes a link to the corresponding official pdf file on govinfo. This prototype edition of the daily federal register on federalregister. There are international export control agreements, the main one being the wassenaar arrangement. The bureau of industry and security bis proposes to implement the agreements by the wassenaar arrangement wa at the plenary meeting in december 20 with regard to systems, equipment or components specially designed for the generation, operation or delivery of, or communication with.
The wassenaar arrangement was created after the dissolution of cocom coordinating committee. To include on a case by case basis the following elements in the enduseuser assurances. Best practices to prevent destabilising transfers of small. The wassenaar arrangement has been established in order to contribute to regional and international security and stability, by promoting transparency and greater responsibility in transfers of conventional arms and dualuse goods and technologies, thus preventing destabilising accumulations. Similarly, because eff is a legal organization and not a software vendor, we will not focus on specific products here, except when necessary. Exceptions to assurance requirements not all instances of exports, in the narrow sense of goods being physically transported out. Bis is familiar with the wassenaar arrangement and the 20 additions to the wa control lists so we will not summarize them or their history here. President, a number of countries outside the wassenaar arrangement are already taking its control lists and best practices guidance as a reference in their national systems, either directly, or by, for example, applying the consolidated european union eu control lists which draw, inter alia, on the work of the wassenaar arrangement. Elements for export controls of manportable air defense. These goods are specified in annex iia to council regulation ec no.
As appropriate, the relevant threshold parameters should be developed on a casebycase basis. Best practices for implementing intangible transfer of technology controls. The amps incorporates an active mechanism that forces the. Scomet guidelines the faqs and guidelines on indias export control policy clarify the basic questions related to policy and procedures. The paper was produced to examine what scope there is for increasing the. The wassenaar arrangement plenary is the decisionmaking body of the arrangement. Elements for export controls of manportable air defense systems manpads agreed at the wa plenary, 1 december 2000 recognizing the threats posed by unauthorized proliferation and use of manportable air defense systems, especially to civil aviation, peacekeeping, crisis management and anti. Challenges and good practices in the implementation of the. Federal register december 2003 wassenaar arrangement. Federal register wassenaar arrangement 2016 plenary. Elements for objective analysis and advice concerning potentially destabilising accumulations of conventional weapons.
The wassenaar agreement was an agreement reached in 1982 between employers organisations and labour unions in the netherlands to restrain wage growth in return for the adoption of policies to combat unemployment and inflation, such as reductions in working hours and. This image is in svg format, replacing the former png file. Issues regarding cryptography law fall into four categories. Wassenaar arrangement documents the wassenaar arrangement on export controls for conventional arms and dualuse goods and technologies. Stop any further efforts by the us government to implement the wassenaar arrangement controls in their current form, and work with other governments who have already implemented the controls, such as the united kingdom, to clarify the scope and intended application so as not to harm defensive cybersecurity. Internal compliance and export control guidance documents.
Interim rule with request for comments implementation of the wassenaar arrangement list of dualuse items. Wa the wassenaar arrangement on export controls for conventional arms and dualuse goods and technologies. Ii dualuse items, in addition to annex iv items, excluded from the union general export authorisation no eu001. Strengthening dialogue between china and the wassenaar arrangement page 2 of 5 regime that deals with conventional arms and related dualuse goods and technologies, the wa complements and reinforces other export control regimes concerned with weapons of mass destruction wmd and their means of delivery. The position of plenary chair is subject to annual rotation among participating states. W wassenaar arrangement ws wassenaar arrangement sensitive list wvs wassenaar arrangement very sensitive list. Wassenaar arrangement 2017 plenary agreements implementation a rule by the industry and security bureau on 11022018 this document is a correction of a document that was published on 10242018. By combining innovative policy, user engagement, and direct technical support, we fight for open and secure communications for all. In 20, members of the wassenaar arrangement agreed to impose export controls on hardware and software specially designed or modified for the generation, operation or delivery of, or communication with intrusion software. Best practices and guidelines the wassenaar arrangement. Controlled items put security research and defense at risk. The map shows current members of wassenaar arrangement as of december 2017.
General commercially applied materials or components should not be included. The 1998 wassenaar arrangement wa plenary approved 3 december 1998 the paper, elements for objective analysis and advice concerning potentially destabilising accumulations of conventional weapons. Without approval, the importer cannot file the actual import declaration upon importation as it will not be. Federal register implementation of certain new controls. It is composed of representatives of all participating states and normally meets once a year, usually in december. An ineffective export control regime that compromises united states economic interests. Standalone munitions list pdf format the wassenaar arrangement s munitions list is published here separately for the specific purpose of informing and assisting nonwa countries which are developing or strengthening their national export control list for conventional arms. Cybersecurity and the wassenaar arrangement what needs. Federal register wassenaar arrangement 2017 plenary. Export control, which is the restriction on export of cryptography methods within a country to other countries or commercial entities. Qtnngrenn nf tq e lltnitel staten congressman jim langevin.
Vincent fleuriot senior officer control lists att subworking group on article 5 geneva. The twentieth plenary meeting of the wassenaar arrangement was held in vienna on 2 to 3 december 2014. Wassenaar arrangement was held in vienna, aiming to strengthen mutual understanding of policies and practices of the wassenaar arrangement and china in transfers of conventional arms and dualuse goods and technologies. Wassenaar arrangement 1 the wassenaar arrangement munitions list presentation. Federal register wassenaar arrangement 2014 plenary.
The amps employs protection to prevent unauthorised access to software. Best practices for effective export control enforcement. On behalf of the secretariat of the wassenaar arrangement wa on export controls for conventional arms and dual use goods and technologies, i welcome this opportunity to join you again and wish the conference every success. Participating states of the wassenaar arrangement having regard to the guidelines and procedures including the initial elements of the wassenaar arrangement on export controls for conventional arms and dualuse goods and technologies, and in particular. Wassenaar arrangement 20 plenary agreements implementation. The consolidated list of strategic military and dual use. Wassenaar arrangement public document end user assurances commonly used consolidated indicative list 2005. Siginfiance of wassenaar arrangement for india indias entry into the export control regime would enhance its credentials in the field of nonproliferation despite not being a signatory to the nonproliferation treaty npt.
The wassenaar arrangement was established to contribute to regional and international security and stability by promoting transparency and greater responsibility in transfers of conventional arms and dualuse goods and technologies, thus preventing destabilizing accumulations. Wassenaar arrangement head of secretariat thank you, mr. Written testimony of cristin flynn goodwin assistant. When the wassenaar arrangement plenary agreed to add intrusion software to the annex, it was exactly. Revisions to the commerce control list and reporting under the wassenaar arrangement bureau of export administration, federal register.
Control lists previous years the wassenaar arrangement. Internal compliance and export control guidance documents for the information and communications technology sector author. Wassenaar arrangement 41member multilateral export control regime noticewould implement control language agreed to in the december,20, wassenaar plenary. In 20, members of the wassenaar arrangement agreed to impose export controls on hardware and software specially designed or modified for the generation, operation or delivery.
Elements for the effective fulfilment of national reporting requirements. The wassenaar arrangement wassenaar or wa on export controls for conventional arms and dualuse goods and technologies is a group of 41 likeminded states committed to promoting responsibility and transparency in the global arms trade, and preventing destabilizing accumulations of arms. An equivalent document recognised by the international civil aviation organisation icao. This final rule revises the ccl to implement certain changes made to the wassenaar arrangement list of dualuse goods and technologies maintained and agreed to by governments participating in the wassenaar arrangement on export controls for conventional arms and dualuse goods and technologies wassenaar arrangement, or wa at the december 2018 wa plenary meeting.
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