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RE: resolution 1382

> CASI press release on 1382 contains this sentence-
> "If the resolutions procedures are adopted, the import restrictions on
> goods -- one element of the sanctions -- would be replaced by a technology
> transfer control regime."
> Anyone able to elaborate on import restrictions and tech. transfer regimes
> as different species  or am I reading something into the sentence?
> Is a "technological transfer control regime" a technique that has some
> history of use (as it is proposed in 1382) elsewhere?

Hi Andrew,

You're probably right to note that technology transfer controls are
sub-species of import restrictions more generally.  When we wrote that
sentence we wanted to draw attention to the changing nature of the import
restrictions.  There are two aspects of this.

First, the controls on imports to Iraq are becoming more focussed on weapons
and weapons related material.  Originally (1990, 1991) the import
restrictions were near total, implying a desire to exert general pressure on
Iraq.  Until passage of SCR 1284 in December 1999, the Iraq Sanctions
Committee of the Security Council maintained control over all imports to
Iraq - again a very broad set of controls.  1284 mandated "green lists" of
items that can be imported without further approval from the Sanctions
Committee, beginning a movement towards more focussed import controls.  The
1382 proposal would end import controls on all items except those explicitly
listed as being associated with weapons.  (I've used the word "end" a bit
loosely here as imports would still be processed through UN channels -
technical rather than explicitly political in this case - and would require
payment from the escrow account.)

Second, the proposed 'dual use' lists represent a broadening over the
original 'dual use' lists (the 1051 lists) in two senses.  First, they add
to the original lists, and are therefore longer.  Second, while the 1051
lists are organised around those weapons systems prohibited to Iraq by the
Security Council (nuclear, biological, chemical and missiles with ranges of
> 150km), the new lists refer to military technology more generally.

We used the term "technology transfer control regime" because it does have a
history of use.  During the Cold War period western nations controlled
exports to Soviet bloc countries under the COCOM arrangements.  In the
1990s, these evolved into the Wassenaar Arrangement.  More countries
(including Russia) are members of Wassenaar, and Wassenaar's controls are
less stringent than were COCOM's (both in terms of goods controlled and
countries' reporting requirements).  As my knowledge of these instruments is
quite limited, I'd appreciate postings from other members of the list who
are more familiar with them.

As a final observation, 'tough' technology transfer control regimes may
require controls on, or at least monitoring of, non-controlled goods.  For
example, a target state may be engaged in purchases through a series of
companies involved in innocuous activities.  Tracking the financial flows
between these companies and other companies may, though, reveal strange
patterns that might lead investigators to wonder whether they are also
playing a more clandestine role.


Colin Rowat

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