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International
nonproliferation regimes and Belarusian export control policy
Belarus has created efficient export control system that meets high
international criteria. In January 1998 Belarus adopted the law “On export
control”.
While working on the law draft Belarusian Government took into account
experience of other nations, for instance the Czech Republic, Germany,
Poland, the United States, as well as recommendations of foreign experts
representing Lawyers Alliance for International Security, Monterrey
Institute for International Research. As a result of a thorough
developmental work the law constitutes a frame document that creates common
basis of control, defines conception of export control, its purposes and
main principles, determines responsible state agencies, their functions and
interaction regulations, export regime for products under control, objects
of export control etc. The Law establishes mechanism of holding pre- and
post-license inspections. Besides the Law envisages criminal liability for
violations in this sphere as well as protection of rights of judicial and
natural persons.
In January 1998 the Council of Ministers of Belarus adopted a decree “On
improving state control of transferring through customs border of the
Republic of Belarus specified goods (operations, services)”. The Decree
approved the Regulation “On the order of licensing exports (imports) of
specified goods (operations, services)” and the Regulation “On the order of
official processing of obligations on use of exported (imported) goods
(operations, services) in the purposes declared, and on organizing control
of implementation of these obligations”.
Adoption of the Law and the Decree established legal basis for export
control in Belarus, provided necessary interaction of central agencies in
the sphere of export control.
In the pursuit of export control policy Government of Belarus is guided by
the following common principles:
-
acquisition and/or development of military articles and dual purpose
articles by certain the so-called "difficult" countries may jeopardize
general world order;
-
international export control can be an effective means to contain and
confine this threat;
-
export
control must not impede legal trade of special purpose and dual use
articles.
Export of arms and military equipment from Belarus is also controlled with
licenses issued by the Ministry of Foreign Affairs to those producers having
permission of the Ministry of Defense to develop, produce, maintain and sell
such products. Besides a small number of intermediary foreign trade
companies that have permission of the Government to sell such products are
also provided with the licenses. Following criteria are taken into account
in consideration of an application for the license issuance:
-
compatibility of exporter's rights to supply specified goods and services;
-
compatibility of an exported product with the Register;
-
legality
of a deal with regard to an end user;
-
compatibility of an exported product with regard to the end use;
-
legality
of a deal with regard to the country end user;
-
reliability of an applicant and a mediator in terms of nonproliferation
policy.
No deal is possible to implement without approval of the Belarusian agency
which is authorized to control exports and imports of military products –
Interdepartmental commission on military and technical cooperation and
export control attached to the Security Council of Belarus.
Interdepartmental commission functions as the agency authorized by the state
to elaborate proposals and exercise control in the sphere of military and
technical cooperation (MTC) and export control. Commission is also a working
mechanism to carry this policy out. It is predetermined by Commission's
tasks set forth in the Presidential Decree.
Commission's main tasks are as follows:
-
coordination of activities of state agencies and commercial companies in
trade with other states;
-
exercising state control over exports and imports of specified goods
(operations, services);
To accomplish these tasks Intergovernmental commission:
-
exercises
control of activities of defense industrial enterprises;
-
considers
and solves foreign trade issues;
-
exercises
control of implementation of international commitments in the sphere of
export control;
-
makes decisions on
permission (by issuing licenses) to conduct foreign trade operations on
controlled articles, issuing licenses to Belarusian juridical persons to
carry out certain activities related to specified goods (operations,
services) as well as granting Belarusian juridical persons rights to
conduct foreign trade activities related to specified goods (operations,
services).
Commission
composition is approved by the President. It includes representatives (on a
Deputy Minister level) of the Ministry of Foreign Affairs, the Committee of
State Security, the Ministry of Defense, the State Customs Committee, the
State Secretariat of Security Council. The Commission is chaired by the
deputy State Secretary of the Security Council.
Decisions
of Interdepartmental commission in the sphere of foreign trade and export
control are obligatory to implement by all state agencies and commercial
companies of Belarus.
Presidential decree grants right to conduct foreign trade with arms and
military equipment of state property to only four companies-specified
exporters in Belarus. Three of them are state run. Other state and private
run enterprises gain this right for products of their own development and
production.
Due to
results of an independent expertise of the Center for international trade
and Security of the University of Georgia (the United States) – a leading
non-governmental organization in the sphere of export control – Belarus in
the second part of 1990's was second among post-Soviet states in the level
of development of national export control system.
Interests
of national security and commercial considerations are closely connected in
the sphere of arms exports. Besides many factors in this sphere are
determined by severe international competition. As a result there's no
multilateral international agreement controlling exports and imports of arms
and military equipment. Thereby main burden of responsibility lays heavily
on the national export control system of a nation-exporter.
At the
same time in the 90's a whole series of weighty efforts had been undertaken
to establish effective control of arms exports, military equipment and
technologies. For example the Treaty on conventional armed forces in Europe
(CFE) confines quantity of most of offensive armament types. The Regime of
rocket technologies control has been created to prevent proliferation of
rockets and attendant technologies. Main purpose of adoption of the
Vassenaar Agreements is regulation of exports of conventional weapons,
military goods and technologies. The United Nations Register of Conventional
Arms is aimed at explaining destabilizing role of armaments build-up while
enhancing its transparency.
It's indicative that Belarus destroyed much more arms and military equipment
than it has sold. Only under the CFE Treaty Belarus eliminated 1773 combat
tanks, 1341 combat armored vehicles, and 130 combat aircrafts which is 10
per cent of all armaments and military equipment to be destroyed according
to the Treaty provisions. It is almost three times more than the United
States, the Great Britain and France destroyed altogether. And it's even
more significant taking into account that Belarus eliminated military
equipments and armaments in unfavorable economic conditions, aggravated with
the after-effects of the Chernobyl catastrophe. Because of the absence of
financial resources elimination of armaments and military equipment for a
certain period was even suspended. Nevertheless by May 1996 Belarus
implemented all its treaty obligations on decreasing quantity of armaments
and equipment.
When
supplying armaments Belarus acts in strict correspondence with the United
Nations embargo that prohibits exports of arms and equipment to the
countries of unfavorable military and political situation or states
participating in any regional conflicts. Since 1993 Belarus has routinely
presented to the Register of Conventional Arms reports on arms sales.
Belarus
supported resolution on creation of the Register as well as resolutions
calling upon participating states to present corresponding data to the
Register and proposals for its improvement. Despite the fact that
resolutions of the Assembly General are not binding Belarus annually
presents all the data to the UN Register.
About 100
participating countries routinely present reports to the Register. As a rule
countries with unstable military and political situation or participating in
different conflicts do not provide the Register with their information. Such
facts are always criticized by other UN member countries.
In November 2000 at the meeting of the OSCE Forum for Security Cooperation
Belarus together with other participating states adopted an OSCE document
stipulating for additional measures to provide transparency and trust.
Standards, principles and measures set forth in the document are politically
obligatory for all OSCE member-states.
Imposing additional measures provides for annual exchange between
participating states information on their exports and/or imports of infantry
weapons as well as national legislation and existing practice related to the
policy, procedure and documentation in the sphere of exports, as well as
control of international mediatory activities.
In June 2001 OSCE states including Belarus in follow up of the provisions of
the mentioned document for the first time exchanged information on national
legislation and existing practices in export control policy.
The United Nations in July 2001 in New York held the Conference on the
illicit trade in small arms and light weapons in all its aspects. In the
upshot of the meeting parties adopted the Program of action to prevent,
combat and eradicate the illicit trade in small arms and light weapons in
all its aspects. Belarus actively participated in developing the Program.
Apparently the list of documents, treaties and agreements in the sphere of
export control of arms and military products is quite extensive. Belarus
participates in virtually all of them and in many of them voluntarily.
Belarus joined global international legal documents in the sphere of
nonproliferation (the Treaty on the Non-proliferation of Nuclear Weapons),
the Comprehensive Nuclear Test Ban Treaty, the Convention on the Physical
Protection of Nuclear Material, the Convention on Banning Chemical Weapons
and the Convention on prohibition of biological and toxin weapons. In 2000
Belarus joined the Nuclear suppliers group, founded in 1974 to control
exports of equipment and materials used in nuclear developments to states
not possessing nuclear weapons.
While exporting arms and military equipment Belarus strictly follows
generally adopted international standards and at the same time conducts
consistent policy of disarmament, non-proliferation of the weapons of mass
destruction, conventional weapons and military technologies.
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