Singapore’s Strategic Goods Control System The First ASEAN Regional Forum Intersessional Meeting on Nonproliferation and Disarmament 1-3 Jul 2009

Singapore’s Strategic Goods Control Framework Enforcement

Why the need to Control Security Interests Economic Interests Prevent WMD proliferation Constrain illicit transfer of WMD Economic Interests Competitive advantage for local industries Access to high-end technology and equipment

Inter-Ministry Committee on Strategic Goods Control

National Authority - SC Administer export control matters Focal point Process strategic goods permits Register & audit arms brokers Enforce SGCA/CWPA/RIEA Conduct industry outreach

Multi – Agency Effort SC - National Authority: Administer & Enforce Administer export control matters Process strategic goods permits Register & audit arms brokers Focal point Industry outreach Enforcement SC - National Authority: Administer & Enforce IMC: MFA, MTI, MHA, Mindef, MOT, AGC, SC DTAO – Technical Advice ICA – Border Checks Other Enforcement Agencies Other CAs – Technical Support (nuclear, radiation, chemical, biological)

Legislative Framework Strategic Goods (Control) Act – 1 Jan 2003 Comprehensive regulatory requirements - export, transshipment/transit, brokering, ITT Control list Catch-all – “relevant activity” Greater enforcement powers International cooperation Strategic Goods (Control) Regulations – 7 Jan 2004 Stipulate the conditions of permit approval, revocation or suspension To implement the bulk permits scheme Stipulate record-keeping requirements Composition fines

Scope of Control Control List Catch-All Controlled Transactions Munitions List Dual-use List Controlled Transactions Catch-All Export/ Re-export Transshipment Transit Intangible Transfer of Technology Brokering Other goods and technology that are known or suspected to be used in a nuclear, chemical or biological weapons programme, or missiles capable of delivering these weapons

Control List In line with export control lists used by the EU, US, Hong Kong, Australia and others Only 2 Sub-Lists: Munitions List and Dual-Use List Applies to all strategic goods transactions

Expanded Control List - since 1 Jan 08 > 1,000 items Dual-use items including software & technology, example: high end computers telecommunication equipment propulsion system space vehicles aerospace aircraft parts & components marine & naval equipment, parts & components Catch-all control still applies The Expanded Control List For Export, Transhipment & Transit 1 Jan 2008

Expanded Control List since 1 Jan 08 Control List was based on the 2005 and 2006 version of the WA and the EU, respectively. Control list comprised two parts: Munitions List (ML), adopted from the Munitions List of the Wassenaar Arrangement (WA) Dual-Use List (DL), adopted from the EU’s List of Dual-Use Items and Technology – from the lists of all 4 export control regimes. The Expanded Control List For Export, Transhipment & Transit 1 Jan 2008

Amendments to Control List Based on latest WA and EU amendments in Dec 2008; includes all items under the 4 informal export control regimes. Mainly editorial changes for consistency and clarification on controls Added new definition and acronym Removal and addition of new controls since last update in Jan 2008 W.e.f. 1st Apr 2009

Catch-all Controls Other goods & technology that are known or suspected to be used in a nuclear, chemical or biological weapons programme, or missiles capable of delivering these weapons

Legislative amendments Strategic Goods (Control) (Amendment) Act/Regulations w.e.f.1 Jan 2008 Strategic Goods (Control) (Brokering) Order 2007 w.e.f.1 Jan 2008 Strategic Goods (Control) Order 2009 w.e.f.1 Apr 2009

Other Related Legislation Regulation of Imports and Exports Act Chemical Weapons (Prohibition) Act Biological Agents and Toxins Act Environmental Protection Management Act Radiation Protection Act Arms and Explosives Act United Nations Act and UN (Anti-Terrorism Measures) Regulations

Enforcement and Penalties

Multi-pronged Enforcement approach

Enforcement Powers Power to search conveyances and premises Power to access computer information Power to access documents and information Power to seize

Enforcement Coordination

Penalties Composition De-registration Revoke / Suspend permits Seizure and forfeiture of goods

Maximum Penalties SGCA SGCR Court fines Imprisonment Seizure & 1st Offence - $100,000 / 3 times value of goods 2nd & subsequent offence - $200,000 / 4 times the value of goods Court fines and / or SGCA Imprisonment 1st Offence - 2 years’ jail 2nd & subsequent offence - 3 years’ jail and / or Goods that are subject of a suspected offence under the Act may be seized, pending investigation. May be forfeited by court order Seizure & forfeiture of goods Minor technical offences may be compounded for up to of $10,000 SGCR Composition

Industry Outreach Programme

Briefings/ Consultations Industry Outreach News releases Circulars Courses Seminars Website Mailing list Field visits Task force Briefings/ Consultations

Seminars United States Export Control Regulations Seminar, Apr 08 United States-Singapore Seminar on Insight to Strategic Goods Control under International Export Control Regimes, Jul 07 Japan-Singapore-United States Export Controls Seminar, Jun 07 Global Trade Controls –Asia Conference, May 06

SGC Courses For Beginners – Understanding Your Responsibilities and Obligations Under the Strategic Goods Control Act Essentials of Internal (Export Control) Compliance Programme

Mailing Lists www.customs.gov.sg/stgc customs_stgc@customs.gov.sg STGC Helpline: 6337 5996

Other Counter-Proliferation Efforts

Counter-proliferation Initiatives Container Security Initiative (CSI) Singapore-US CSI implemented from 17 Mar 2003 Proliferation Security Initiative (PSI) Singapore joined PSI core group during 5th PSI Plenary Meeting on 5 Mar 2004 Radiation Detection Initiative (RDI) Singapore-US DOE – from 4 Apr 2006 Secure Trade Partnership (STP) Launched on 25 May 2007

Regional Cooperation Co-hosted the Joint Seminar on Man-Portable Air Defence System with the United States and Australia, 7-8 Jun 2007, Singapore Co-hosted the ARF Export Licensing Experts Meeting with Canada, 17-18 Nov 2005, Singapore

Joint Internal Courses Co-hosted the CIT Implementation Workshop with United States EXBS programme, Singapore, 24 Nov 2008 Co-hosted the Wassenaar Arrangement Briefing with United States EXBS programme, Singapore, 6-7 Aug 2008 Co-hosted the Advanced Licensing Processing Workshop with United States EXBS programme, Singapore, 13-15 Jan 2009

Key Challenges How to implement an Export Control system without affecting trade Limited expertise in controlled items Not a nuclear producing country Not a member of 4 export control regimes (AG,MTCR, NSG , WA) Small country / limited resources  rely more on IT for processes & leverage on inter-agency coordination for technical expertise and equipment

Way Forward Keep abreast of technological developments & international practices Enhance international cooperation / seek technical advice from regime members Growing emphasis on R&D  greater need to protect indigenous technologies in future Critical to maintain the right balance

Thank You