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Summary of POST-SHIPMENT CONTROL MEASURES: EUROPEAN APPROACHES TO ON-SITE INSPECTIONS OF EXPORTED MILITARY MATERIAL

Core Content

Post-shipment on-site inspections are measures used by exporting countries to verify that military materiel remains in the possession of the authorized end user and is not diverted to unauthorized recipients or used for illicit purposes. These inspections are conducted after the export and are aimed at preventing diversion, unauthorized end use, and reducing crime, conflict, and insecurity. They are also intended to protect the reputation of the manufacturer and ensure compliance with international obligations.

European countries have increasingly adopted or are considering the implementation of such inspections. While some, like Switzerland, Czechia, and Germany, already conduct on-site inspections, others have legal provisions in place but have not yet implemented them, and some are still evaluating the feasibility and benefits of these measures.

Main Views and Key Information

Rationale for On-site Inspections

• Verification: Ensures that the materiel is in the possession of the intended end user.
• Prevention: Acts as a deterrent to diversion and unauthorized use.
• Trust Building: Helps build mutual trust between exporting and importing states, which can influence future export decisions.

Challenges and Sensitivities

• Political Sensitivities: On-site inspections can be perceived as an infringement on national sovereignty and jurisdiction, leading to resistance from importing states.
• Cost and Capacity: Conducting on-site inspections requires significant resources and may be a burden on the exporting state.
• Extraterritoriality: The application of export control laws beyond the exporting state's borders can be problematic.
• Diplomatic and Practical Issues: Some countries face difficulties in securing the permission of importing states to conduct inspections, and there are concerns about competitive disadvantages for exporters.

Examples of Diversion

• Ukrainian Tanks to South Sudan: Tanks originally authorized for export to Kenya were later found in South Sudan.
• Belarusian Helicopter to Libya: A Mi-24p helicopter was transferred to Libya without prior authorization, violating a UN embargo.
• Swedish AT-4 Launchers to Colombia: These were delivered to Venezuela in the 1980s and later found in the hands of the Revolutionary Armed Forces of Colombia (FARC).

Current Practices in Europe

• Switzerland, Czechia, Germany: These countries have already implemented on-site inspections.
• Spain and Flanders: Have legal provisions in place but have not yet adopted the practice.
• Sweden: Is still evaluating the potential of on-site inspections.
• United Kingdom: Has decided against using the instrument for now.

Multilateral Guidance

Several multilateral organizations have developed guidance documents that include provisions for on-site inspections, particularly for small arms and light weapons (SALW) and man-portable air defence systems (MANPADS). These include:

• Wassenaar Arrangement (WA): Provides various documents on end-use controls and on-site verification.
• Organization for Security and Co-operation in Europe (OSCE): Offers best practices and templates for end-user certificates.
• United Nations Development Programme (UNDP): Provides guidance on SALW legislation.
• United Nations Office for Disarmament Affairs (UNODA): Offers tools for preventing diversion under the Arms Trade Treaty (ATT).
• United Nations Coordinating Action on Small Arms (UN CASA): Has developed technical guidelines and implementation compendiums.

Recommendations

The paper recommends that the European Union (EU) could play a role in promoting the adoption of on-site inspections among its member states. This could be done by:

• Encouraging sharing of experiences and best practices among member states.
• Providing a framework that supports the implementation of on-site inspections while respecting national sovereignty and diplomatic sensitivities.
• Facilitating dialogue between exporting and importing states to overcome resistance and build trust.
• Supporting the development of standardized procedures and agreements for conducting on-site inspections.

Conclusion

The implementation of on-site inspections is an important tool in the prevention of diversion of military materiel. While the practice is gaining traction in Europe, it remains a complex and sensitive issue that requires careful consideration of political, legal, and diplomatic factors. The EU has the potential to lead in harmonizing and promoting these measures across its member states, thereby enhancing the effectiveness of post-shipment control in the international arms trade.