Overview of the EU Anti-Torture Regulation and its implementation - - PowerPoint PPT Presentation

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Overview of the EU Anti-Torture Regulation and its implementation Licensing Processing German Example

Thomas Barowski Federal Office for Economics and Export Control (BAFA)

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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

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?

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Licensing Procedure – Three Stages Mechanism

First review of the case PHASE 1 /

Licensing Division

Technical assessment of the case

Rating according to control list

Final assessment of the case PHASE 2 /

Technical Dept.

PHASE 3 /

Licensing Division  Submittal for political decision or autonomous decision by BAFA

License or Denial

Phase 1 - Entry Examination

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

Check whether documents are complete and conclusive

• e. g. End-Use Certificates...

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Check for reference information

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Standards for further process

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Special questions to technical experts

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Other notes for further processing Request Intelligence- statement Request applicant to provide additional documents

Phase 2 - Technical review

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

Is the good listed?

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Review of technical plausibility

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taking into account all available technical information,

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Are there relevant denials?

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Assessment from technical point of view

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Is the stated End-use plausible?

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What is the usual use of the good?

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Is the good useful for death penalty, torture or punishment? Request applicant to provide additional technical documents

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Phase 3 – Last Review - Plausibility Check

• Check latest information from applicant, Intelligence Service,
• ther 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.?

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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?

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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.

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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