Export Controls regime enhancements

News:

On 16 May 2023 the Aotearoa New Zealand Export Controls regime will begin using revised Assessment Criteria and adopt a Purpose Statement and Transparency Approach.

These changes form part of the Ministry of Foreign Affairs and Trade’s response to the recommendations of an independent review of the operation of the regime in 2021.

The Export Controls regime, managed by the Ministry, oversees the export of military and dual-use goods, and goods to foreign military, paramilitary, and police forces. The independent review made a number of recommendations to better ensure it was ‘fit for the future’.

Consultation on proposed enhancements to three core components of Export Controls regime operations was held from 11 August until 14 September 2022. The new operational policy approaches have now been confirmed and will commence on 16 May 2023.

The Purpose Statement clarifies that while the regime is established primarily to support Aotearoa New Zealand to give effect to our obligations, commitments and policies relating to disarmament, arms control and non-proliferation, it also supports our country to uphold extensive international commitments regarding the protection and promotion of human rights.

The Assessment Criteria have been revised and consolidated. From 16 May 2023, applications for a permit to export controlled goods will be assessed against six Assessment Criteria. These retain the core concepts of the current criteria, but are presented in a more succinct format. New guidance material clarifies how the criteria are used in practice. Consideration of the Crown’s obligations under the principles of the Treaty of Waitangi/ Te Tiriti o Waitangi is now explicit.

The newly developed Transparency Approach reinforces the Ministry’s commitment to operating the Export Controls regime in an open and transparent manner, including the annual publication of an export controls report.

Collectively, these changes aim to strengthen understanding of the operation of the regime and to provide confidence that Aotearoa New Zealand is a responsible exporter of strategic and military end-use goods.

The Export Controls area of the MFAT website will be refreshed in mid May 2023 and updated with new content to help exporters and others understand and more easily navigate the regime.

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