SUMMARY OF ISRAELI MINISTRY OF DEFENSE SEMINAR ON

UNCLAS SECTION 01 OF 03 TEL AVIV 006970 SIPDIS USDOC FOR 532/OEA/SWADDY/DJOHNSON USDOC FOR 3131 CS/OIO/ANESA/GLITMAN USDOC FOR 520/ITA/ANESA/CLOUSTAUNAU/NWIEGLER ROME FOR CUSTOMS ATTACHE STATE FOR EB/ESP US CUSTOMS HQ FOR STRATEGIC INVESTIGATIONS STATE FOR NEA/IPA (MAHER),PM (RUGGERIO),NP/RA, PM/DTCC PENTAGON FOR OSD (JAMES ANDERSON) E.O. 12958: N/A TAGS: BEXP ETTC ETRD IS MILITARY RELATIONS GOI EXTERNAL SUBJECT: SUMMARY OF ISRAELI MINISTRY OF DEFENSE SEMINAR ON UPCOMING EXPORT CONTROL REGIME. ¶1. On December 1, 2005, the Ministry of Defense (MOD) held an export control seminar for the local high-tech and defense industries. The seminar, "Export Controls for Category 6 Technologies of the Wassenaar Arrangement," attracted over 200 participants, among them many Israeli hi- tech exporters (defense and civilian). It was the second in a series of outreach events on export controls organized and held by the Israeli Ministry of Defense and the first one on Israel's new dual use export control regulations. The speakers included MOD and Ministry of Industry & Trade (MOIT) officials and Bernie Kritzer, Director of the Office of Strategic Trade and Policy Controls, U.S. Bureau of Industry and Security. ¶2. After an initial two-year period, the licensing responsibility for dual-use items will be shared between the MOD and MOIT. In the interim, MOD will administer export controls for dual use items through a new division that will be dedicated to this program. MOD stated that it expects the GOI to adopt the entire Wassenaar Arrangement list by the end of 2007. The MOD and the MOIT plan to submit a joint proposal for the required legal amendment to the GOI at the beginning of March 2006. ¶3. Seminar Speakers and Topics: Meir Shalit, Sr. Deputy Head, SIBAT, MOD - Introduction Ram Raviv, Legal Dept., MOD - Legal Framework for New Export Control Regulations Dr. Shlomo Levine, TAU, former MOD - Background and Technological Explanations Ohad Orenstein, MOIT - MOIT Role in Export Licensing Yoram Ziflinger, MOD Head of Licensing Division - Licensing Procedures Bernie Kritzer, Director, U.S. Bureau of Industry & Security, Office of National Security & Technology Transfer Controls a. Meir Shalit gave a short introduction in which he stated that Israel's new dual use export control regulations came into effect on October 18, 2005 and that the MOD has responsibility for the licensing and control functions to ensure implementation and compliance. According to Shalit, the Ministry of Industry and Trade will take over the administration of export controls for dual use technologies for the civilian market at the end of 2007. Shalit explained that Israel is not a signatory to the Wassenaar Arrangement, but has voluntarily agreed to adopt the export restrictions that are part of the Arrangement. This is similar to the arrangement Israel has with the Australia Group (AG),the Nuclear Suppliers Group (NSG) and the Missile Technology Control Regime (MTCR). Shalit stated that in the beginning of March 2006, the MOD and the MOIT plan to submit a proposal for a broadening of the dual-use export control law to include the remaining categories of the Wassenaar Arrangement. He expects implementation of the law by the end of 2007. Mr. Shalit emphasized the need for training within industry, in order to ensure compliance with the new regulations. b. Ram Raviv explained the legal framework for the dual-use export controls. The new dual use regulations came into effect on October 19, 2005 after the Knesset adopted the amendment to the 1986 Control Act of Items and Services (munitions equipment and defense know-how). He indicated that the reasons for the GOI's adoption of a dual use export control regime were national security and foreign affairs interests, the desire to prevent the proliferation of sensitive technologies and the need for Israel to adopt universally accepted standards. According to Raviv, the Israeli list of dual-use items is similar, but not identical to, the Wassenaar Arrangement Category 6 list. c. The MOD has not yet decided whether licensing of dual-use technologies will be subject to the double license process (separate license for negotiations and sales),currently in use by MOD, or whether it will adopt a single license approach. According to Raviv, it is essential to ensure that the export control system cause the least possible damage to Israel's exports. Fines and incarceration may result from violations of the export control regulations, in addition to the cancellation of licenses. With regard to the division of responsibilities for licensing controlled technologies, the MOD is responsible for the control of defense equipment and know-how. Control of satellite technologies and equipment is shared by the MOD and the MOIT. Chemical, biological and nuclear items are controlled by the MOIT. The licensing process includes consultations between the MOD, the MOIT and the Ministry of Foreign Affairs. d. Shlomo Levine of Tel Aviv University (a former MOD official) gave a presentation explaining the implications of the new regulations on local industry. He presented examples of items that would be controlled, and explained the reasons behind these controls. e. Ohad Orenstein's presentation dealt with the MOIT history of export licensing. He explained that the only export restrictions that remain in Israel are the ones the GOI is committed to in the framework of the Basel and Vienna conventions on trade in drugs, export of chemical, biological and nuclear items, and now category 6 items of the Wassenaar Arrangement. He pointed out that the licensing authority is with MOIT's Environment and Chemical Directorate. f. Yoram Ziflinger's lecture was a hands-on presentation of the proposed MOD licensing process. He ensured the audience that the licensing process would be short (approximately three weeks). The request for a license must be submitted prior to negotiations with the potential buyer. Export of sensors and lasers for defense end-users or for defense- related end-use will be granted under two licenses; one prior to negotiations and another prior to the sale. The exporter must attach a detailed letter to the license application, explaining the nature of the item to be exported, details about the consignee, the end-user and the end-use, and a purchase order/contract. In the event that the item is shipped via an agent, an ultimate end user statement is required. This is also required for all exports to China. Upon granting the export license, MOD will notify the Customs authorities accordingly. ¶4. In subsequent conversations with MOD, MFA and MOIT officials, CS Tel Aviv learned the following: a. MOD and MOIT: GOI has decided that MOD and MOIT will share the responsibility for dual use export licensing and control. Since MOD currently has an export control administration in place, it will administer, on an ad interim basis, the export licensing and control system for dual use technologies in both the civilian and military markets. MOIT has two years to assume responsibility for the dual use controls licensing procedures for civilian applications. Based on the MOIT presentation and on conversations with MOD and Orenstein, the MOIT appears both unprepared and uneager to take upon itself the role of export licensing authority. Orenstein emphasized the importance that his Ministry gives to the free-flow of trade. He indicated that two years is a long time to prepare a licensing system. He also mentioned that MOIT had been unable to identify more than two-dozen companies that may require export licenses. b. Additional MOD-Sponsored Outreach Events: Two additional seminars will be held in January 2006. The first will deal with Missile Technology Control Regime-related issues, and will include detailed licensing instructions. The second event will be held for senior GOI officials and will focus on the implications of the Wassenaar Cat. 6 for MOD, MOIT, MFA, MOF, Customs and MOJ. It will include presentations dealing with the current status of the regulations and their implementation, the GOI's commitment to the USG, a legal presentation, the division of responsibilities and an action plan. c. MOD Licensing Division: MOD will set up a new division outside of its export branch, SIBAT, to deal with export control licensing of dual use technologies. Currently, SIBAT deals with licensing and the Security Directorate (MALMAB-DSDE) with controls. As far as CS Tel Aviv can ascertain, the export controls will remain in MALMAB-DSDE. However, there was mention about merging the two functions into the new division. MOD is considering the introduction of a one-phase application process, in which the exporter applies for a license prior to the sale of a product. This differs from the regulations in place for defense exports, which require the exporter to obtain two licenses -- one to conduct negotiations, and a second to sell the technology. According to MOD, the license processing time will average three weeks. d. Re-Export: During the presentations and the subsequent Q&A session, all parties, including the BIS representative, avoided referring to the issue of re-exports of U.S. controlled technologies integrated into Israeli systems. e. The MOD has established a new website dealing with export controls: http://www.exportctrl.mod.gov.il. The website requires significant updating to incorporate the new regulations. Cretz