Government Communication 2016/17:114 Strategic Export Control in 2016 – Military Skr. Equipment and Dual-Use Items 2016/17:114 The Government submits this Communication to the Riksdag. Stockholm, 16 March 2017 Stefan Löfven Morgan Johansson (Ministry for Foreign Affairs) Main contents of the Communication In this Communication, the Swedish Government provides an account of Sweden’s export control policy with respect to military equipment and dual-use items in 2016. The Communication also contains a report detailing exports of military equipment during the year. In addition, it describes the cooperation in the EU and other international forums on matters relating to strategic export controls on both military equipment and dual-use items. 1 Skr. 2016/17:114 Contents 1 Government Communication on Strategic Export Control ............... 3 2 Military Equipment ........................................................................... 6 2.1 Background and regulatory framework .............................. 6 2.2 The role of defence exports from a security policy perspective ........................................................................ 10 2.3 Cooperation within the EU on export control of military equipment ........................................................... 13 2.4 Other international cooperation on export controls of military equipment ........................................................... 18 3 Dual-Use Items ............................................................................... 21 3.1 Background and regulatory framework ............................ 21 3.2 Cooperation within international export regimes ............. 24 3.3 Collaboration within the EU on dual-use items ................ 28 3.3.1 UN Security Council Resolution 1540 and the Proliferation Security Initiative (PSI) ........ 30 4 Responsible Authorities .................................................................. 31 4.1 The Inspectorate of Strategic Products ............................. 31 4.2 The Swedish Radiation Safety Authority ......................... 35 5 Statistics and Terminology .............................................................. 38 Annex 1 Exports of Military Equipment ......................................... 41 Annex 2 Export of Dual-Use Items ................................................. 65 Annex 3 Selected Regulations ...................................................... 175 Annex 4 Explanations ................................................................... 183 Annex 5 Abbreviations ................................................................. 185 Annex 6 Guide to other sources .................................................... 187 Extract from the minutes of the Cabinet meeting held on 16 March 2017 .....................................................................................188 2 1 Government Communication on Skr. 2016/17:114 Strategic Export Control In this Communication the Government provides an account of its policy regarding strategic export control in 2016, i.e. the export control of military equipment and dual-use items. Control of exports of military equipment is necessary in order to meet both our national objectives and our international obligations, by ensuring that the products exported from Sweden go to approved recipient countries in accordance with established guidelines. Under Section 1, second paragraph of the Military Equipment Act (1992:1300), military equipment may only be exported if there are security and defence policy reasons for doing so, and provided there is no conflict with Sweden’s foreign policy. Applications for licences are considered in accordance with the Swedish guidelines on exports of military equipment, the criteria in the EU Common Position on Arms Exports, and the Arms Trade Treaty (ATT). The multilateral agreements and instruments relating to disarmament and non-proliferation of weapons of mass destruction are important manifestations of the international community’s efforts to prevent the proliferation of such weapons. By controlling the trade in dual-use items (DUIs), which principally concerns technology that can be used to produce weapons of mass destruction, proliferation can be counteracted. This is work with objectives that are fully shared by Sweden. Strict and effective national export control is required for this reason. Export controls are a key instrument for individual governments when it comes to meeting their international obligations with respect to non- proliferation. This is the thirty-third time that the Government has reported on Sweden’s export control policy in a Communication to the Riksdag. The first Communication on strategic export control was presented in 1985. Sweden was, at that time, one of the first countries in Europe to provide a transparent account of the preceding year’s activities in this area. Since that time, the Communication has been developed from a brief compilation of Swedish exports of military equipment to a comprehensive account of Sweden’s export control policy in its entirety. More statistics are available today thanks to an increasingly transparent policy and more effective information processing systems. In parallel with Sweden’s policy of disclosure, EU Member States have gradually developed, since 2000, a shared policy of detailed disclosure. The Government continually strives to increase transparency in the area of export control. In addition to informing the Riksdag of Sweden’s export control policy, the Communication is intended to serve as a basis for wider discussion of issues related to export controls on military equipment and dual-use items. This Communication consists of three parts and a section on statistics. The first part contains an account of Swedish export controls of military 3 Skr. 2016/17:114 equipment. The second part deals with Swedish export control of dual- use items. In the third part, the Government presents the authorities responsible for this area. Then follow annexes containing statistics covering Swedish exports of military equipment and dual-use items. The Inspectorate of Strategic Products (ISP) and the Swedish Radiation Safety Authority (SSM) contribute material for the Communication at the request of the Government. The statistics in this Communication supplement the information available in these authorities' own publications. Significant events during the year The Swedish export control regulations are updated continuously, partly under cooperation in the EU. The opportunities for successfully addressing the many problems and challenges that are a feature of non- proliferation efforts are consequently improved. Activities under the UN Arms Trade Treaty were consolidated in 2016 through the establishment of a secretariat in Geneva, three permanent working groups for treaty work between the conferences of states parties and a fund to support states parties needing assistance in implementing the Treaty. In 2016, Sweden continued to be responsible for coordinating work on reporting and transparency under the Arms Trade Treaty as chair of one of the new permanent working groups. Sweden has also continued to take an active part in efforts to strengthen implementation of the Treaty by the states parties and to promote further accession to the Treaty. By the end of 2016, the Treaty had 91 states parties, representing an increase of 12 countries during the year. One of the recurrent reviews of the UN Register of Conventional Arms (UNROCA) also took place in 2016. Sweden chaired the group of Member State experts that conducted a review of, and supplied feedback on, the outcome to the First Committee of the General Assembly during the autumn. Sweden also held the rotating Plenary Chair of the General Working Group (GWG) of the Wassenaar Arrangement in 2016. The presidency has meant being responsible for leading the practical work of negotiation and preparing decisions for the annual Plenary of the Arrangement. In 2016, this meant additional efforts to lead the recurrent review process that takes place in the Wassenaar Arrangement every five years. In June 2015, the Cross-Party Committee of Inquiry on Military Equipment Exports (KEX) presented its final report, Tightened Control of Exports of Military Equipment (SOU 2015:72), to the Government. In 2016, work on collating responses to the consultation exercise was completed and discussion of the Committee’s proposals continued at the Government Offices of Sweden. Following a comprehensive review that had been under way since 2011, the European Commission presented a proposal in September 2016 to recast Council Directive (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual- use items (the Dual-Use Regulation). During the autumn, the Member 4 States initiated negotiations on the proposal in the responsible Council Skr. 2016/17:114 working group, the WPDU (Working Party on Dual-Use Goods). In the autumn of 2016, the Commission also completed its review of Directive 2009/43/EC of the European Parliament and of the Council simplifying terms and conditions of transfers of defence-related products within the Community (the ICT Directive) in accordance with Article 17 of the Directive. On 30 November, the outcome was presented as part of the communication on the European Defence Action Plan, Background Brief 2016/17:FPM46). In December 2016, the European Council welcomed the Commission’s proposals on a European action plan in the area of defence as its contribution