export-controls 11 October 2019

UN Security Council consensus vacuum prompts Kiwi catch-all

‘Limiting the scope of our catch-all controls to countries under a UN arms embargo is no longer sufficient.’

New Zealand’s Ministry of Foreign Affairs and Trade (‘MFAT’) has launched a public consultation on the introduction of catch-all controls on military exports.

The publication document explains: ‘Limiting the scope of our catch-all controls to countries under a UN arms embargo is no longer sufficient to manage the risks we face from exports to military users in countries of concern. Due to differences among its members, the UN Security Council is currently unable to impose arms embargoes on some countries of concern, such as Syria.

‘Even if the Council were more active, it is unlikely its sanctions would extend to all countries of concern to New Zealand. Therefore, a risk exists that goods or technology exported from New Zealand to a military end-user might contribute to a conflict, or human rights violations, support repressive regimes, or increase the military capability of a state which is challenging our security interests. Failing to regulate exports in these cases poses security, political or reputational risks to New Zealand and its international relationships.’

MFAT is proposing two changes to current legislation:

Firstly, to ‘widen the scope of catch-all controls to include all countries, but with exemptions for businesses needing to seek permits for certain low-risk countries and products,’ and secondly, to ‘amend the definition of military end-use so that it includes operations and activities of a military/ police nature.’

The consultation document, which includes several illustrative examples of the application of Catch-All, is at:
https://www.mfat.govt.nz/assets/Strategic-goods-forms/Public-Consultation-Document.pdf

And see:
https://www.mfat.govt.nz/en/media-and-resources/news/public-consultation-on-export-controls/