US-Israel High Technology Forum Sept 09, 2008 ISRAELI DEFENSE EXPORT CONTROL Eli Pincu DIRECTOR DEFENSE EXPORT CONTROLS DIRECTORATE 1
CHARACTERISTICS OF THE ENVIRONMENT IMPACTING ISRAELI EXPORT CONTROL Israel faces external threats to its security need to protect IDF s qualitative advantage Advanced and dynamic Israeli defense industry Active involvement of the Israeli defense industry in IDF s development programs Relatively small domestic defense market results in exports constituting approximately 70% of Israel defense industry s market U.S. Foreign Military Funding programs cross-flow of defense technology Protection against tangible threats Active defense export market
EXPORT CONTROL SIGNIFICANT ELEMENT OF ISRAEL S STRATEGIC DEFENSE POLICY Effective export control supports Israel s strategic defense objectives Support for enhanced export controls recognized at all levels of Government: - Prime Minister -Cabinet - Knesset ( Israeli parliament ) - Applicable Government Ministries -IDF Supports bi-lateral and international defense and antiterrorism goals Effective export control is in Israel s best interest
MILESTONES IN ENHANCING ISRAEL S EXPORT CONTROL INFRASTRUCTURE July 2006 IMOD establishing the Defense Export Control Directorate (DECD) January 2007 entering into effect of new Dual- Use export control legislation April 2007 The establishing of U.S.-Israel Defense Export Control Working Group (DECWG) December 2007 new Defense Export Control Law (including implementing regulations) enters into force. Significant achievements ongoing process
MAIN ELEMENTS OF ISRAELI EXPORT CONTROL Enhanced legislation (dual use and defense exports) Cross-Ministry involvement Export control focused government agencies Involvement of industry as a first line of defense for export control Industry Export Controls Directors Outreach and training increasing awareness throughout industry and government Reporting and transparency Enhanced enforcement Broad range of elements interfacing to support culture of compliance
Israel s New Defense Export Control Law Main Elements Established Export Control Authority within MOD DECD Control Lists based on Wassenaar arrangement and MTCR lists MFA full partner in licensing process License requirement for re-transfers Transit/transshipment to be licensed Brokering activities will require licensing Registration pre-condition for licensing
Israel s New Defense Export Control Law Main Elements (cont.) Periodical Reporting requirements Record-keeping requirements On-site inspections New administrative sanctions (fines, license suspension and revocation ) Enhanced criminal penalties
DEFENSE EXPORT CONTROLS DIRECTORATE (DECD) OVERVIEW Established as separate organization in July 2006, reporting directly to the MOD Director General Mission: Licensing Authority Protection of national security and foreign policy interests Enhancement of services provided to exporters in the areas of licensing, outreach and enforcement DECD - principal export control agency
DECD OVERVIEW (cont d) Responsibilities: Registration Granting of: Marketing licenses Export licenses Encryption licenses Outreach Enforcement Broad range of responsibilities
Applications for Marketing licenses 30000 28937 26433 25000 20000 15000 10000 5000 22656 19726 17937 15405 9830 12959 0 2001 2002 2003 2004 2005 2006 2007 01/2008-06/2008
Applications for Export licenses 6000 5606 5000 4000 3000 2362 2657 2964 3392 3738 4570 3980 2000 1000 0 2001 2002 2003 2004 2005 2006 2007 01/2008-06/2008
Reciprocal Bonds MOD Divisions and IDF DECD Exporters Other Ministries MFA (Ministry of Foreign Affairs) International controls organizations
DECD Interface with Other Israeli Government Ministries Customs Enforcement activities Ministry of Foreign Affairs (MFA) Policy coordination Advisory Committee on licensing International Ministry of Industry Trade and Labor (MOITAL) Consultation on dual-use licenses
DECD Interface with Industry Enforcement Control by DECD Industry reporting obligations DECD Enforcement Committee Hearings Industry Export Control Directors Self compliance Procedures and work processes Focused point of contact Internal training Outreach Industry wide conferences and training Company-focused training conferences Industry Export Control Directors DECD Website
Israeli Government Agency Interface with International Export Control Organizations Policy updates Mutual visits Participation in professional courses Participation in conferences and meetings
KEY ELEMENTS OF OUTREACH Increasing awareness to export control requirements Facilitating a cultural change leading to: - management commitment - allocating of resources - self compliance Communications with industry Export Control Directors. Recognition and positive re-enforcement of effective compliance Outreach multifaceted approach
Outreach - Relevant Audiences Defense industries Other exporters (dual-use, brokers, lawyers, etc.) Industrial and trade associations such as Federation of Israeli Chamber of Commerce, Manufacturers Association of Israel, The Israel Export and International Cooperation Institute Decision makers in relevant government ministries and agencies (Internal Outreach) Range of interested parties
Outreach Tools Establishment of consultation and update mechanisms Ongoing transfer of information by electronic means (e.g. e-mail; website - http://www.exportctrl.mod.gov.il) Focused training and conferences for the defense industry Meetings with CEOs of the major defense industries Conferences for Industries Export control directors. Numerous outreach tools
Main Activities 2 Annual conferences: updates on export control (one with cooperation of the SIA), attendance of approximately 650 exporters in each conference. A 3 rd conference will be held on 30.11.2008. 7 seminars for the exporters 3 DECD workshop for license application held at the MOD with attendance of 30 exporters.
Main Activities cont. Ongoing DECD website updates. 3 Updates & panel discussion meetings for Export Control Directors 1 seminar- update for the relevant government agencies and ministries: regarding the new legislation - 130 attendants
Industry Export Control Directors Position within the defense industries (as a result of DECD new regulatory requirement) Responsible for interface with DECD regarding registration, licensing & compliance. Focal point for receiving / conveying information from / to DECD Focal point for facilitation of outreach activities Coordinates with other company functions on compliance activities New position industry focal point
ELEMENTS OF ENHANCED ENFORCEMENT Industry reporting requirements and self compliance DECD Enforcement Committee Inter-agency cooperation (Customs, MOITAL) Creation of effective Watch list New Defense Export Control Law (implementation in January 2008) provides for administrative penalties (including revocations, civil fines and other sanctions) Ministry of Defense-DECD Commitment to enforcement
SUMMARY Effective export control is in Israel s best interest International cooperation supports defense and anti-terror goals Significant milestones in Israel s export control system have been achieved Ongoing process requires continued commitment by all relevant parties Cooperation by all parties supports achievement of export control goals
Thank You