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This is an archived page. Please visit the new Kazakhstan country profile.Kazakhstan: Export Control Overview
Overview According to Kazakhstani export control authorities, Kazakhstan's export control system meets all basic international requirements.[1] At a November 2000 export control seminar in Kazakhstan, a US Bureau of Export Administration official called Kazakhstan a regional leader in terms of export controls and suggested that the country would become a model for other countries.[2] Indeed, November 2000 amendments to the country's 1996 Law on Export Control and the introduction of a new control list have strengthened the country's ability to prevent the illicit export of sensitive materials. Nevertheless, there are still many challenges facing Kazakhstan's export control system. The first challenge is the frequent change in personnel and agencies with export control authority. Since 1993, the central export control authority, currently known as the Office of Import and Export Controls, has been subordinate to four different ministries: the Ministry of Foreign Economic Relations (MFER) in 1993; the Ministry of Industry and Trade from 1994 to 1997; the Ministry of Energy, Industry, and Trade from 1997 to 2000; and, since December 2000, the Ministry of Economy and Trade.[3] In March 2001, the Office of Import and Export Controls of the Department of Export Control and Special Projects was reorganized, at which time many licensing experts left government service.[4] According to Kazakhstani export control specialists, the Kazakhstani government may not understand the disruption caused by frequent reorganizations.[5] The move of the Kazakhstani capital from Almaty to Astana in December 1997 further interfered with the country's export control system. Only two out of 22 licensing officers who worked on licensing issues for the Ministry of Energy, Industry, and Trade chose to move to Astana. Some reviewing agencies, such as the Committee on Atomic Energy, have chosen not to move altogether, which leads to fewer opportunities for face-to-face consultation between reviewing agencies and the Office of Import and Export Controls.[3] A second challenge to Kazakhstan's export control system is the lack of resources. The staff of 10 at the Office of Export and Import Controls spends much of its time each day fielding questions from exporters regarding classification and licensing instead of developing regulations to implement the export control legislation that is in place. The Office of Export and Import Controls has plans to create a company that would provide consulting services on export licensing matters to the business community. For this to happen, however, the government must first allocate the necessary funding.[4] A third challenge is that the licensing of scrap metal
exports takes time and resources from the more important task of
licensing exports of nuclear and dual-use materials. With scrap metal fetching a 200%
markup at the Chinese border, the licensing of scrap metal will continue to take
valuable time and resources from the Department. Some suggest that the
lucrative nature of licensing scrap metal may in turn lead to a rapid turnover of licensing
officials.[4,6] The Department of Export Control and Special Programs of the Ministry of Economy and Trade is the main government body responsible for export control policy in Kazakhstan.[1] It grants import and export licenses, works to improve export control legislation, and coordinates the activities of relevant government entities.[2] Before the Department of Export Control and Special Projects may grant a license for the export of nuclear-related material, the Committee on Atomic Energy of the Ministry of Energy and Mineral Resources must first evaluate all aspects of the transaction and give approval for the transaction to take place. The Committee has special responsibility over the export and import of nuclear materials and technologies, special non-nuclear materials, and dual-use materials in order to prevent the proliferation of nuclear weapons.[3] The responsibilities of these and other government agencies and ministries in the process of exporting nuclear materials are shown in the table below.
Kazspetseksport, under the Ministry of Defense, is the state-owned company designated to export surplus weapons and other military equipment not being used by the country's armed forces.[8] In June 2000, Kazakhstani President Nursultan Nazarbayev ordered the creation under the Security Council of the Interagency Commission on Issues of Export of Weapons, Military Equipment, and Dual-Use Materials. This commission must approve all sales of weapons and military equipment.[9] A separate military-technical commission sets prices for items that Kazspetseksport sells.[8] Sales of non-nuclear military technology produced by the Kazakhstani defense industry must be approved by the Defense Industry Committee of the Ministry of Economy and Trade. Tsentr Eksportkontrolservis (Export Control Service Center), a non-governmental organization, was
established in June 2000 to assist the government of Kazakhstan in creating an effective export control
system.[10] EXPORT CONTROL LEGISLATION Government Decree No. 183 of 9 March 1993 and Government Decree No. 1182 of 28 July 1997 set forth the requirements for nuclear exports and outline the responsibilities of the Committee on Atomic Energy in the sphere of nuclear export control. Government Decree No. 1037 of 30 June 1997 outlines the export licensing process. Government Decree No. 1919 of 14 December 1999 strengthens requirements for the export of nuclear materials and requires end-use assurances that the exported item will not be used for the production of nuclear weapons or any other military goal. The Law on Export Control of Weapons, Military Technology, and Dual-Use Goods of 18 June 1996 provides a broad legal basis for export controls. The law gives the government of Kazakhstan the authority to create and develop an export control system and to define the authority of other executive branch agencies in the sphere of export controls. It broadly defines the items subject to export control, including weapons and military technology, nuclear and dual-use nuclear materials, and chemical and biological materials that could be used in the creation of chemical and biological weapons. The law specifically states that nuclear exports must be placed under IAEA safeguards, and also addresses issues of re-export and transit. Changes and amendments to the law were signed into force on 24 November 2000. The Law on the Use of Atomic Energy of 14 April 1997 established the legal and regulatory foundation for the use of nuclear energy in Kazakhstan. The law states that the export and import of nuclear-related goods and services is controlled by relevant state bodies in accordance with national legislation and the international obligations of the Republic of Kazakhstan. A new export control list, which includes 1,266 items, entered into force on 18 November 2000. Provisions for the enforcement of Kazakhstan's export control system are embodied in the Criminal Code of 1 January 1998. INTERNATIONAL AGREEMENTS On 14 February 1994 Kazakhstan acceded to the Nonproliferation Treaty, which requires that all exports of nuclear facilities, materials, and nuclear-unique components be subject to IAEA safeguards in the recipient country. On 11 August 1995 Kazakhstan's IAEA Safeguards Agreement entered into force, requiring Kazakhstan to inform the IAEA of any export of nuclear material subject to the Agreement. According to its Military
Doctrine of 12 February 2000, Kazakhstan will support international nonproliferation regimes, obey international
nonproliferation treaties, and follow international norms in transactions
involving weapons, military
equipment, and dual-use items. INTERNATIONAL ASSISTANCE The IAEA and members of the European Union,
in particular, Germany, the United Kingdom, and the Netherlands, have also provided
technical assistance and training to Kazakhstani export control
organizations.[2,4] NUCLEAR-RELATED EXPORTS
Page last updated 30 December 2002
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