Overview of the EU Anti-Torture Regulation and its implementation Licensing Processing German Example Thomas Barowski Federal Office for Economics and Export Control (BAFA) http://www.bafa.de/
Figures • Round about 150 – 200 applications a year • 2-5 Denials a year mostly: • Exports of PAVA or OC to analyze or flavor food • Exports of Barbiturates for medical purposes Application procedure by using an Electronic Licensing System 2
Objective of the Licensing Procedure Finding answers to the following questions: – Who is the exporter? – Which items will be exported? – Who is involved and who are the consignees? – What will these items be used for? 3
Licensing Procedure – Three Stages Mechanism PHASE 1 / First review of the case Licensing Division PHASE 2 / Technical assessment of the case Technical Dept. Rating according to control list PHASE 3 / Final assessment of the case Licensing Division Submittal for political decision or autonomous decision by BAFA License or Denial 4
Phase 1 - Entry Examination Request Intelligence- statement Check whether documents are complete and conclusive e. g. End-Use Certificates... Request applicant to Check for reference information provide additional documents Standards for further process Special questions to technical experts Other notes for further processing 5
Phase 2 - Technical review Is the good listed? Review of technical plausibility taking into account all available technical information, Request Are there relevant denials? applicant to provide additional Assessment from technical point of view technical documents Is the stated End-use plausible? What is the usual use of the good? Is the good useful for death penalty, torture or punishment? 6
Phase 3 – Last Review - Plausibility Check • Check latest information from applicant, Intelligence Service, other MS etc. • Check available informations about the country, purchaser, consignee or End-Users • Is the stated End-Use plausible? • Is there a risk, that the items will be used for death penalty, torture, treatment or punishment? • Are there any unusual or unreasonable circumstances related, but not limited, to the End-User, the Shipment, the contract conditions etc.? 7
Phase 3 – Red flags • Is the End-User connected with governmental bodies? • Is the End-User a trading company or based in a Free Trade Zone? • Is the End-User unable to provide an End-User Statement? • Does the End-User request an excessive amount of the items (not correlating with the stated End-Use)? • Is the shipping route unusual? • Is the purchase price unusual? 8
Decision • The authorisation will be granted, if – The Information by the applicant is substantiated and conclusive and no information casts doubt on its correctness and – when there are no reasonable grounds to believe that the goods might be used for death penalty, torture, or punishment • Otherwise the Licence will be denied. In such cases the competent authority informs all EU-Member States, the Commission and the national customs authorities. 9
Thank you for your attention! Thomas Barowski Head of Division Export Control Basic and Procedural Questions , Section 211 Phone: +49 6196 908-2389 Mail: thomas.barowski@bafa.bund.de 10
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