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'Changes to export controls for goods and technology destined for a military end-use'

Contributor:
Fuseworks Media
Fuseworks Media

Changes to New Zealand’s "catch-all" export controls for goods and technology destined for a military end-use have now been Gazetted and will enter into force on 9 October.

These controls apply to goods and technologies that are not regulated items under New Zealand’s export controls regime for military and dual-use goods (those with civil and military uses), but which could be put to military or police uses or used to support military or police operations.

Limiting the scope of our catch-all controls to those few countries under a UN arms embargo is no longer sufficient to manage the risks from exports to military and police users in a wider set of countries of concern.

Therefore a risk exists that goods or technology exported from New Zealand to a military or police end-user might contribute to a conflict, or human rights violations, support repressive regimes, or increase the capability of a state which is challenging our security interests.

Failing to regulate exports in these cases poses security, political or reputational risks to New Zealand and its international relationships.

The changes follow public consultation conducted late last year and reflect the feedback that was received, including certain exemptions and increased transition provisions.

These changes represent a significant step forward in meeting current proliferation challenges facing New Zealand and demonstrate the Government’s commitment to peace, security and human rights.

The upgraded "catch-all" export controls:

Carry over the existing prohibition on the export of items with an end-use related to weapons of mass destruction and their means of delivery.

Establish a new prohibition on items for use in terrorist acts, as provided for in the Customs and Excise Act.

Carry forward the existing prohibition on items for military end-use, but remove the caveat that it only apply to countries under a UN arms embargo.

Extend military end-use controls to items that "materially enable or support operations or functions of a military or internal security nature".

Apply controls to all countries and products.

Provide exemptions for exporters from needing to seek permits for low-risk countries and products; for goods supplied under government assistance programmes; and for parts, components and replacement items (unless incorporated into weapons or used for the production, maintenance or testing of weapons).

Provide transition timeframes for the entry into effect of some controls to meet industry and research sector concerns.

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