The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies is a multilateral export control regime established on 12 July 1996, in Wassenaar, near The Hague, Netherlands. According to the Wassenaar Arrangement document, it was "established to contribute to regional and international security and stability by promoting transparency and greater responsibility in transfers of conventional arms and dual-use goods and technologies, thus preventing destabilizing accumulations. Participating states seek, through their national policies, to ensure that transfers of these items do not contribute to the development or enhancement of military capabilities which undermine these goals, and are not diverted to support such capabilities". [1]
It is the successor to the Cold War–era Coordinating Committee for Multilateral Export Controls (CoCom). The Wassenaar Arrangement is considerably less strict than CoCom, focusing primarily on the transparency of national export control regimes and not granting veto power to individual members over organizational decisions. A Secretariat for administering the agreement is located in Vienna, Austria. Like CoCom, however, it is not a treaty, and therefore is not legally binding. [2]
Every six months member countries exchange information on deliveries of conventional arms to non-Wassenaar members that fall under eight broad weapons categories: battle tanks, armoured fighting vehicles, large-calibre artillery, military aircraft, military helicopters, warships, missiles or missile systems, and small arms and light weapons.
There are 42 participating states including many former Comecon (Warsaw Pact) countries, including Russia. [3]
The outline of the arrangement is set out in a document entitled "Guidelines & Procedures, including the Initial Elements". [4] The list of restricted technologies is broken into two parts, the "List of Dual-Use Goods and Technologies" (also known as the Basic List) and the "Munitions List". The Basic List is composed of ten categories based on increasing levels of sophistication:
Basic List has two nested subsections—Sensitive and Very Sensitive. Items of the Very Sensitive List include materials for stealth technology—i.e., equipment that could be used for submarine detection, advanced radar, and jet engine technologies.
Within each of the categories, there are 5 types of controlled item. These are approximately as follows:
The types of item B, C, D and E typically refer to the type A items, but there are many exceptions, e.g. some materials may be controlled, even though there is no specific good referred to.
The Wassenaar Arrangement List's categories are typically processed, and merged with other sources, e.g. Category 5.A.2 maps on to US ECCN 5A002, and EU control classification 5A002.
The Munitions List has 22 categories, which are not labeled.
In order for an item to be placed on the lists, member states must take into account the following criteria:
Admission requires states to:
The Arrangement is open on a global and non-discriminatory basis to prospective adherents that comply with the agreed criteria. Admission of new members requires the consensus of all members.
India joined as the 42nd participating state on 7 December 2017. "Wassenaar Arrangement participating states reviewed the progress of a number of current membership applications and agreed at the plenary meeting to admit India which will become the Arrangement's 42nd participating state as soon as the necessary procedural arrangements for joining the WA are completed", the grouping said in a statement. [5] [6] India's application was supported by Russia, the United States, France and Germany. [7]
In December 2013, the list of export restricted technologies was amended to include Internet-based surveillance systems. New technologies placed under the export control regime include "intrusion software"—software designed to defeat a computer or network's protective measures so as to extract data or information—as well as IP network surveillance systems.
The purpose of the amendments was to prevent Western technology companies from selling surveillance technology to governments known to abuse human rights. However, some technology companies have expressed concerns that the scope of the controls may be too broad, limiting security researchers' ability to identify and correct security vulnerabilities. Google and Facebook criticised the agreement for the restrictions it will place on activities like penetration testing, sharing information about threats, and bug bounty programs. [8] [9] They argue that the restrictions will weaken the security of participating nations and do little to curb threats from non-participant nations. [10] [11]
In May, 2024, Canada implemented export restrictions on the sale of quantum computers containing more than 34 qubits and error rates below a certain controlled NOT gate error threshold, along with restrictions for quantum computers with more qubits and higher error rates. [12] The same restrictions quickly popped up in the UK, France, Spain and the Netherlands. They offered few explanations for this action, but all of them are Wassenaar states, and the restrictions seem related to national security concerns potentially including quantum cryptography or protection from competition. [13] [14]
The 42 states that have been participating since December 2017 are: [15]
– European Union member state. – NATO member.
Chile has been candidate for Nuclear Suppliers Group and Wassenaar Arrangement since 2015 as part of its national commitments with the UNSC resolution 1540 of 2004. In its 2017 report to UN about prevention of arms proliferation has presented a National Plan of Action (2017-2021) that includes as targets membership to the Nuclear Suppliers Group and the Wassenaar Arrangement by 2021. [16]
The Treaty on the Non-Proliferation of Nuclear Weapons, commonly known as the Non-Proliferation Treaty or NPT, is an international treaty whose objective is to prevent the spread of nuclear weapons and weapons technology, to promote cooperation in the peaceful uses of nuclear energy, and to further the goal of achieving nuclear disarmament and general and complete disarmament. Between 1965 and 1968, the treaty was negotiated by the Eighteen Nation Committee on Disarmament, a United Nations-sponsored organization based in Geneva, Switzerland.
Nuclear proliferation is the spread of nuclear weapons, fissionable material, and weapons-applicable nuclear technology and information to nations not recognized as "Nuclear Weapon States" by the Treaty on the Non-Proliferation of Nuclear Weapons, commonly known as the Non-Proliferation Treaty or NPT. Proliferation has been opposed by many nations with and without nuclear weapons, as governments fear that more countries with nuclear weapons will increase the possibility of nuclear warfare, de-stabilize international or regional relations, or infringe upon the national sovereignty of nation states.
The Bureau of Industry and Security (BIS) is an agency of the United States Department of Commerce that deals with issues involving national security and high technology. A principal goal for the bureau is helping stop the proliferation of weapons of mass destruction, while furthering the growth of United States exports. The Bureau is led by the Under Secretary of Commerce for Industry and Security.
The Nuclear Suppliers Group (NSG) is a multilateral export control regime and a group of nuclear supplier countries that seek to contribute to the non-proliferation of nuclear weapons through the implementation of two sets of Guidelines for nuclear exports and nuclear-related exports.
An export in international trade is a good produced in one country that is sold into another country or a service provided in one country for a national or resident of another country. The seller of such goods or the service provider is an exporter; the foreign buyers is an importer. Services that figure in international trade include financial, accounting and other professional services, tourism, education as well as intellectual property rights.
The export of cryptography from the United States to other countries has experienced various levels of restrictions over time. World War II illustrated that code-breaking and cryptography can play an integral part in national security and the ability to prosecute war. Changes in technology and the preservation of free speech have been competing factors in the regulation and constraint of cryptographic technologies for export.
In politics, diplomacy and export control, dual-use items refer to goods, software and technology that can be used for both civilian and military applications.
The Missile Technology Control Regime (MTCR) is a multilateral export control regime. It is an informal political understanding among 35 member states that seek to limit the proliferation of missiles and missile technology. The regime was formed in 1987 by the G-7 industrialized countries. The MTCR seeks to limit the risks of proliferation of weapons of mass destruction (WMD) by controlling exports of goods and technologies that could make a contribution to delivery systems for such weapons. In this context, the MTCR places particular focus on rockets and unmanned aerial vehicles capable of delivering a payload of at least 500 kilograms (1,100 lb) to a range of at least 300 kilometres (190 mi) and on equipment, software, and technology for such systems.
The Bureau of International Security and Nonproliferation (ISN) is a bureau within the United States Department of State responsible for managing a broad range of nonproliferation and counterproliferation functions. The bureau leads U.S. efforts to prevent the spread of weapons of mass destruction, their delivery systems, advanced conventional weapons, and related materials, technologies, and expertise.
The 123 Agreement signed between the United States of America and India is known as the U.S.–India Civil Nuclear Agreement or Indo-US nuclear deal. The framework for this agreement was a July 18, 2005, joint statement by then Indian Prime Minister Manmohan Singh and then U.S. President George W. Bush, under which India agreed to separate its civil and military nuclear facilities and to place all its civil nuclear facilities under International Atomic Energy Agency (IAEA) safeguards and, in exchange, the United States agreed to work toward full civil nuclear cooperation with India. This U.S.-India deal took more than three years to come to fruition as it had to go through several complex stages, including amendment of U.S. domestic law, especially the Atomic Energy Act of 1954, a civil-military nuclear Separation Plan in India, an India-IAEA safeguards (inspections) agreement and the grant of an exemption for India by the Nuclear Suppliers Group, an export-control cartel that had been formed mainly in response to India's first nuclear test in 1974. In its final shape, the deal places under permanent safeguards those nuclear facilities that India has identified as "civil" and permits broad civil nuclear cooperation, while excluding the transfer of "sensitive" equipment and technologies, including civil enrichment and reprocessing items even under IAEA safeguards. On August 18, 2008, the IAEA Board of Governors approved, and on February 2, 2009, India signed an India-specific safeguards agreement with the IAEA. After India brought this agreement into force, inspections began in a phased manner on the 35 civilian nuclear installations India has identified in its Separation Plan. The deal is seen as a watershed in U.S.-India relations and introduces a new aspect to international nonproliferation efforts. On August 1, 2008, the IAEA approved the safeguards agreement with India, after which the United States approached the Nuclear Suppliers Group (NSG) to grant a waiver to India to commence civilian nuclear trade. The 48-nation NSG granted the waiver to India on September 6, 2008, allowing it to access civilian nuclear technology and fuel from other countries. The implementation of this waiver made India the only known country with nuclear weapons which is not a party to the Non-Proliferation Treaty (NPT) but is still allowed to carry out nuclear commerce with the rest of the world.
Cryptography is the practice and study of encrypting information, or in other words, securing information from unauthorized access. There are many different cryptography laws in different nations. Some countries prohibit the export of cryptography software and/or encryption algorithms or cryptoanalysis methods. Some countries require decryption keys to be recoverable in case of a police investigation.
Export restrictions, or a restriction on exportation, are limitations on the quantity of goods exported to a specific country or countries by a Government. Export restrictions could be aimed at achieving diverse policy objectives such as environmental protection, economic welfare, social wellbeing, conversion of natural resources, and controlling inflationary pressures. There are various forms of restrictions on export as defined by WTO's Trade Policy Reviews (TPR), for example, export duties, quantitative restrictions, voluntary export restrictions, export prohibitions and licensing requirements. Although some countries apply export restriction of various policy purposes, restrictions on exports provide price advantage for the domestic industries because these restrictions create price difference between domestic goods compared to the price of the same goods to foreign investors. Export restrictions don't always provide benefits for the country and more income for the government. In the field of agriculture and food sector export restrictions are aimed at protecting the domestic food security from international supply. During the food crises of 2007–2008, more than thirty countries imposed various export restriction measures such as quantitative export restrictions, prohibitions, export taxes, and price controls to protect the domestic food supply. However, this created additional pressures on the food crises by imposing high global prices and affecting the supply of food in the international market.
Export control is legislation that regulates the export of goods, software and technology. Some items could potentially be useful for purposes that are contrary to the interest of the exporting country. These items are considered to be controlled. The export of controlled item is regulated to restrict the harmful use of those items. Many governments implement export controls. Typically, legislation lists and classifies the controlled items, classifies the destinations, and requires exporters to apply for a licence to a local government department.
Sten Fredrik Lundbo is a Norwegian diplomat and was Ambassador to the Council of Europe in Strasbourg, France 1995 - 2000 and to the Republic of Poland 2000 - 2005.
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The export of cryptography is the transfer from one country to another of devices and technology related to cryptography.
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