Index

Supplementary memorandum submitted by Foreign and Commonwealth Office

SMALL ARMS—UK POLICY AND ACTION

  The UK, along with othe EU partners, is committed to a responsible and transparent export policy on small arms. We are also working closely with other EU, and international, partners to combat illicit trafficking and the cumulative effect of large numbers of small arms in affected societies. The availability and numbers of small arms in some regions is seen as a direct catalyst to inherent instability; such activities are presently concentrated in Africa.

  The UK promoted agreement in 1998 on the EU Code of Conduct on Arms Exports. Subsequently we supported the objective and provisions of the EU Joint Action which aims to prevent the excessive proliferation of small arms and offers EU assistance to affected regions.

  The UK is active in a number of fora, such as NATO, which encourage countries to act responsibly with accumulated surplus weapons. Destruction of surplus weapons is an option the UK MoD and police are exploring, but at present re-export should be managed with the highest degree of responsibility. If surplus weapons are to be retained then best practice stock pile management should be observed, and we have funded visits from UK based experts to troubled regions to advise on this. The UK has also been active in the Wassenaar Arrangement in stimulating international action to prevent destabilising accumulations of small arms.

  The UK has also been supporting UN initiatives on small arms. The Foreign Secretary attended the UN Security Council Ministerial meeting on Small Arms in September 1999. We are active contributors to the preparations for the UN Conference on Small Arms trafficking scheduled for 2001. A UK representative sat on the Panel of Experts which prepared for the Conference.

  An inter-departmental committee on small arms proliferation has been formed, chaired by the FCO, to: develop small arms policy; promote the exchange of information and ideas; and ensure coherence of UK action in this area. Among issues currently being considered are international harmonisation of deactivation standards, common marking of small arms to assist tracing, the creation of a national database to track sales of small arms and the dissemination of technical information.

  The UK has provided assistance to areas affected by small arms proliferation. The Department for International Development has pledged $500,000 to support the implementation of the ECOWAS moratorium on the import, export and manufacture of light weapons, which was agreed in October 1998 as the result of a Malian initiative. We have funded a series of seminars to spread the "Mali message" more widely within the region. The UK has supplied information more than once to the ECOWAS Secretariat on illicit trade to the region. In October 1999 a joint FCO/DfID/DTI team spent 10 days in Abuja on a needs assessment mission. The resulting report is being used to generate renewed momentum and additional assistance for the implementation of the Moratorium.

CONVENTIONAL ARMED FORCES IN EUROPE (CFE) TREATY

  The process of adapting the 1990 CFE Treaty (paragraphs 1-3 of memorandum FCO/FAC/2/97) culminated at the Instanbul OSCE Summit on 19 November 1999, with signature of an Agreement to amend the Treaty. This Agreement ensures that the CFE Treaty, which has been a cornerstone of European security during the tumultuous post-Cold War period, can continue to play its crucial role in ensuring military transparency and predictability.

  The Agreement changes the Treaty's system of limits from one aimed at military alliances (designed for the Cold War) to one which caps individual states' holdings of conventional equipment. The overall amount of equipment permitted by the Treaty will fall. The Agreement also imposes tighter constraints on where, in the area of application, equipment can be deployed. The Agreement includes flexibility for when additional deployments are needed in exceptional circumstances, so allowing for crisis management. It increases the level of military information that each State Party must provide to the others, and raises the proportion of each State Party's military sites open to inspection. The Agreement also allows European states not currently party to the Treaty to apply to accede. The adapted Treaty, including all these elements, will enter into force when all States Parties have ratified it.

  The Foreign Secretary issued the statement below following signature of the Agreement on Adaptation, which reflects the concern felt over Russian deployments in the north Caucasus, which exceed CFE limits:

CONVENTIONAL ARMS TRANSFERS

Arms Sales Policy

  The Government is committed to maintaining a strong defence industry which is a strategic part of our industrial base, as well as a key supplier to our own armed forces. Our defence industry employs some 355,000 people, 130,000 of which are dependent on exports. In 1998 the UK's defence companies achieved export orders worth around £6 billion.

  Defence exports can also contribute to international stability by strengthening bilateral and collective defence relationships in accordance with the right of self-defence recognised by the UN Charter. However, defence exports must be managed responsibly, in particular so as to avoid their use for internal repression or international aggression.

National Criteria

  On 28 July 1997, the Foreign Secretary announced a new set of criteria against which we would judge export licence applications. These criteria gave effect to the pledge to add an ethical dimension to arms exports in that for the first time, the Government made clear that it would not issue export licences for equipment where there was a clearly identifiable risk that it might be used for internal repression or international aggression. Proposed exports are also carefully assessed to ensure that they do not seriously undermine the social and economic development of the recipient country.

  The Foreign Secretary stated that the criteria would be applied when considering applications for licences to export goods controlled under Part III of Schedule 1 to the Export of Goods (Control) Order 1994, also known as the UK Military List. This covers all categories of conventional weapons and also paramilitary and internal security equipment (e.g. water cannon and some types of protective vehicle).

  The criteria are also applied to applications to export dual-use goods (ie those controlled under Council Regulation (EC) 3381/94 and the Dual Use and Related Goods (Export Control) Regulations 1996), when there are grounds to believe that the end-user of the goods would be the armed forces or internal security forces of the recipient country. A further application of the criteria is to decisions on exports of military goods by the Government, for which no licence is required.

  The MoD also administers advance approvals for promotion prior to formal application for an export licence through the Form 680 process. Under this procedure companies can seek official approval for the promotion of specific equipment in specified markets (although they still need to apply to the DTI for a licence to export the equipment).

EU Code of Conduct on Arms Exports

  In announcing the new criteria, the Foreign Secretary committed the UK to work for a European Code of Conduct setting high common standards for arms exports from EU Member States. This objective was achieved under the UK's EU Presidency when the General Affairs Council adopted the EU Code of Conduct on Arms Exports in June 1998. The Code sets out detailed criteria against which Member States will assess applications to export defence equipment, and is used in parallel with our national criteria.

  The other key element of the EU Code of Conduct is the "no undercut mechanism", whereby Member States circulate details of licences refused. Before any Member State grants a licence which has been denied by another Member State or States for an essentially identical transaction, it will first consult the Member State or States which issued the denial(s). If following consultations, the Member State nevertheless decides to grant a licence, it will notify the Member State or States issuing the denial.

  The operation of the Code to date has supported our initial assessment of it as a major step in the process of establishing high common standards for arms exports from all Member States. Member States recently concluded a review of the first year's operation of the Code, in accordance with paragraph 8 of its Operative Provisions. The consolidated report arising from the review characterised Member States' experiences of the Code as "positive" and stated that the Code had "increased mutual understanding of Member States' export licensing policies . . . both directly, through the circulation of denial notifications and consultations, and indirectly through contributing to a culture of greater (inter-state) transparency and openness." The consolidated report also gives a detailed account of practical steps taken to support the operation of the Code and priorities for future action. A meeting of the Council of Ministers on 11 October 1999 took note of the Report and decided to publish it in the Official Journal of the European Communities. The UK will continue to work for the effective implementation of the Code and the adoption of its principles by arms exporting countries outside the EU.

Annual Report

  We published the first Annual Report on Strategic Export Controls in March 1999. It gave details by country of the goods we licensed for export between May and December 1997 and values of actual exports in 1997. The Report marked a new level of transparency and is the most detailed such report published in Europe.

  The level of detail disclosed in the Report represented a fulfilment of our commitments on transparency and accountability. It also recognised the need to protect commercial confidentiality and the essential security interests of importing countries.

  The 1998 Annual Report was published on 3 November 1999 and is available on the FCO Website http://www.fco.gov.uk/. We will consider the format and content of future reports in light of responses to the first two Annual Reports, taking into account in particular the eventual report of the Joint Inquiry being carried out by the House of Commons Foreign Affairs, Defence, Trade and Industry, and International Development Committees.

White Paper on Strategic Export Controls

  The Government published a White Paper on Strategic Export Controls on 1 July 1998, setting out proposals for new primary legislation on strategic export controls. Views on the proposals contained in the White Paper were invited by 30 September 1998, and 54 responses were received from a variety of organisations and individuals.

  With the exception of two responses for which confidentiality was requested, the responses were published on 30 November 1998; copies are available from the Export Control Organisation in the DTI. The Trade and Industry Committee's Report on Strategic Export Controls published on 10 December 1998 also contained recommendations relating to the White Paper proposals. The Government will announce proposals for new export control legislation, following conclusion of the review of the White Paper proposals in the light of responses received.

Equipment used for torture or other cruel, inhumane or degrading treatment or punishment

  On 28 July 1997 the Foreign Secretary announced a UK ban on the export or transhipment of all types of equipment designed primarily for torture.

  Work on controlling the export from all EU Member States of the equipment covered by the Foreign Secretary's announcement was hindered by the resignation of the European Commission. Much preparatory work has been done, however, and we remain committed to working with the Commission and our EU partners for the introduction of such a control.

WASSENAAR ARRANGEMENT

  Since late 1997, the UK has consistently sought to improve the effectiveness of the Wassenaar Arrangement (WA) on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, in line with the Government's policy of promoting responsibility and transparency in this area. The UK has:

  During 1999, Participating States held the first formal assessment of the operation of the WA since it was established in 1996. The UK used the Assessment to pursue its priorities as outlined above. The UK Permanent Representative to the IAEA in Vienna chaired the General Working Group considering the Assessment. The Assessment was concluded in December 1999 at the WA's annual Plenary. Participating States agreed to a limited expansion of reporting requirements on their transfers of arms and military equipment. Several other proposals for increased transparency were not agreed at the Plenary but were reserved for further study in 2000. These covered reporting on transfers of additional types of military equipment including small arms, reporting of denials of military equipment and the provision of additional information in reports on transfers and denials of dual-use goods. Other key conclusions were:

  The agreed public statement by the 1999 Plenary is on the WA website (www.wassenaar.org). The Government's view of the results of the Assessment was set out in detail in written answers by Keith Vaz MP and Baroness Scotland of Asthal on 11 January 2000.

ANTI-PERSONNEL MINES

  The United Kingdom remains at the forefront of the international anti-personnel mines campaign. We were among the first to sign and ratify the Ottawa Convention, which bans the weapons completely and which entered into force on 1 March 1999. So far, 137 countries have signed the Convention, and 90 have ratified it. In July 1998 we passed legislation enabling us to meet our commitments under the Ottawa Convention, and in October 1999 we completed the destruction of our operational stocks of the weapon.

  The task now is to secure the widest possible support for a ban on anti-personnel landmines, and to remove the millions of mines already laid across the world. Several key states, including Russia, China, India and Pakistan, as well as the US, have not signed the Ottawa Convention. We shall continue to press them and all other non-signatories to sign and ratify the Convention as soon as possible, while pressing for a wider ban in all appropriate fora, including the Conference on Disarmament and the UN Weaponery Convention Review Process. We shall continue to fund mine-related humanitarian projects, focussing on the worst affected countries. Since 1997 we have doubled the funds available for such activities from £5 million to £10 million per year.

UN ARMS REGISTER

  The Gulf conflict revealed that the huge arsenal of weapons amassed by Iraq far exceeded the requirements of self-defence. The UN Arms Register was established to prevent similar potentially destabilising build-ups. With the UK playing a leading role in its compilation, the register was set up with near unanimous support by the UN General Assembly in resolution 46/36 of 9 December 1991. It covers seven weapons systems (tanks, armoured combat vehicles, large calibre artillery systems, combat aircraft, attack helicopters, warships and missile systems) which are judged to be of key importance for any major offensive operation. The UK's first return was made on 29 April 1993 and one has been submitted every year since, the latest being made in June 1999, covering transfers made in 1998. This also included details on procurement from national production and the UK's military holdings. At present some 90 countries make returns to the register each year.

  The UK is committed to strengthening the Register, both by encouraging more countries to participate and by broadening the range of equipment upon which information is submitted. Although the Register is not itself an instrument to control arms transfers the greater level of transparency it has introduced into the international arms trade has proved an important confidence building measure, especially in regions of tensions, and has helped to identify at an early stage excessive accumulations of weapons.

REGIONAL PROLIFERATION

Iraq

  A series of confrontations brought about by Iraq's refusal to co-operate with the United Nations Special Commission (UNSCOM) and the International Atomic Energy Agency (IAEA) culminated on 16 December 1998 in the withdrawal of the weapons inspectors and the launch of operation "Desert Fox" by the US and UK. Since then, the UK has been leading efforts in the UN Security Council to find a new way forward on Iraq. In December 1999, the Security Council adopted the UK-drafted resolution 1284 which, inter alia, makes clear to Iraq that it must give up its aspirations to have weapons of mass destruction and creates a new body of weapons inspectors, UNMOVIC (UN Monitoring, Verification and Inspection Commission). Dr Hans Blix was appointed Executive Chairman of UNMOVIC in January. It remains to be seen whether Iraq will co-operate.

Iran

  We remain concerned about reports of Iranian efforts to acquire a nuclear weapons capability. We urge the Iranians to comply with their obligations under the NPT and to agree an Additional Protocol to their Safeguards Agreement with the IAEA.

  Iran ratified the Chemical Weapons Convention in November 1997 and has since become an active member of the Organisation for Prohibition of Chemical Weapons (OPCW) (it is on the OPCW Executive Council until May 2000). Some questions on its activities remain, however, including on details of its declarations to the OPCW. We intend to pursue these in bilateral contacts. Iran is also an active participant in the Geneva negotiations on a Verification Protocol to the Biological Weapons Convention.

  We have frequently expressed our concerns about Iranian attempts to develop ballistic missile systems. We remain particularly concerned by Iran's development of the Shahab-3 ballistic missile, with a range of 1,300 kms. Such a system is capable of reaching any of the neighbouring countries and could pose a threat to stability in the region. Iran is not the only country in the region to possess such technology, but whilst understanding Iran's legitimate security concerns, we continue to urge Iran to refrain from the further development of ballistic missiles.

  We are also taking advantage of improved relations between the UK and Iran following the election of President Khatami to discuss proliferation issues directly with Iran, most recently during Foreign Minister Kharrazi's visit to London in January 2000.

India & Pakistan

  The UK joined international condemnation of the May 1998 Indian and Pakistani nuclear tests. The benchmark against which progress is now measured is UNSCR 1172, adopted unanimously in June 1998. It condemns the tests and calls on India and Pakistan to address their differences through dialogue and to take key non-proliferation steps. Progress so far has been negligible, but there are signs that India may be preparing to sign the Comprehensive Nuclear Test Ban Treaty this year, a move which would probably be followed by Pakistan.

  The UK was instrumental in setting up the Senior Officials Task Force, a G8 initiative, in June 1998 to co-ordinate efforts to encourage India and Pakistan to join the international non-proliferation regimes.

North Korea

  Progress towards implementation of the US/DPRK Framework Agreement continues. The nuclear freeze at North Korea's suspect reactor sites remains in place; and canning of spent fuel rods is almost complete. But IAEA inspectors continue to report that the information and access provided has been insufficient to allow them to draw a comprehensive picture of DPRK's nuclear programme, so questions remain about its past nuclear activities.

  In July 1997 the EU, through the European Atomic Energy Community, became a member of the Korean Energy Development Organisation, alongside the founder members (the US, Japan and South Korea), in return for a contribution of 15 million ECU a year for five years.

  We strongly support US efforts to persuade the DPRK to refrain from its missile proliferation activities. The DPRK's launch in August 1998 of the Taepo Dong missile caused great tension in the region.

PLUTONIUM DISPOSITION

  The 1996 Moscow Nuclear Summit tasked the G8 Non-Proliferation Experts Group (NPEG) to take forward international co-operation on the safe and permanent disposal of ex-weapons plutonium, focussing on the huge Russian and American stockpiles. Technical experts agreed that the most promising options for disposal were conversion into mixed-oxide fuel "MOX" (of both plutonium and uranium) for use in civil nuclear reactors, and vitrification (in glass or ceramic form). The UK has been actively contributing to discussions on how to carry forward work. As President of the G8 in 1998, we held a major conference of governmental and industrial experts which examined options for implementing the programme and ways of financing it.

  The 1998 Clinton/Yeltsin Summit committed the US and Russia to the disposal of 50 tonnes of plutonium each. The US are working with the Russians to agree a programme to turn 34 of these 50 tonnes into MOX for civil energy use. The US will fully fund its own disposal programme, which will have the capacity to dispose of 3 tonnes of plutonium per year. The US will require that Russia makes reciprocal progress in its disposal programme.

  Work has begun in a number of areas and the US have secured Congressional funding of $200 million. They have agreed to fund the initial stage: the conversion of missile pits into plutonium. The US have been working to agree detailed costings with the Russians on the whole programme, and these are due in March/April 2000. They have also been drawing up plans for interim storage of the material. A trilateral German/French/Russian project has designed and completed feasibility studies for a pilot MOX plant. But no money is yet available to move to the construction phase.

  Nuclear Safety in the Former Soviet Union has been included as an issue for a "Cross-cutting" expenditure review currently being conducted by HM Treasury. The Ministerial group will be chaired by John Battle. Plutonium disposition is one of the areas being considered.

  The UK is also continuing to explore opportunities in the medium term for UK companies to contribute to plutonium disposition in Russia. BNFL are preparing a summary of areas in which they could "add value" to plutonium disposition.

  The US will be looking to G7 members to make firm commitments at the Okinawa Summit in July 2000.

NUCLEAR WEAPON FREE ZONES (NWFZS)

  The UK has always supported the principle of NWFZs. We believe that they can make a valuable contribution to nuclear non-proliferation and global and regional peace and security, as long as they are based on arrangements freely arrived at by all the states in the region concerned. We have signed the relevant Protocols to the Treaties establishing NWFZs in Latin America (Tlatelolco), the South Pacific (Raratonga) and Africa (Pelindaba). We have ratified the first two of these and are committed to ratifying the Protocols to the Treaty of Pelindaba before the 2000 NPT Review Conference (the only NWS to have ratified so far is France).

  The Treaty of Bangkok, covering a South East Asian NWFZ, entered into force in 1997. None of the Nuclear Weapon States has signed the Protocol yet because of concerns with its wording, but there is constructive dialogue between the NWS and ASEAN on how to proceed. In 1997 the countries of former Soviet Central Asia (Uzbekistan, Turkmenistan, Tajikistan, Kyrgyzstan and Kazakhstan) signed the Almaty Declaration, which stated, inter alia, that Central Asia should be declared a NWFZ, and called for all interested countries to support the proposal. The Central Asians have produced a draft Treaty and protocol on which the NWS have commented. The UN Secretariat are providing support and advice to the Central Asians.