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1- Strategic Trade Controls and the Role of Customs

Strategic Trade Controls (PCS) Although it applied in our country for many years, The concept is perhaps unknown or little known to the outside world only in terms of trade due to appear in the direction of customs controls. The concept of NGO, in fact at the international level to have a very serious matter, The security of our country and in international trade despite the focus on why so little is known in terms of execution? One of the most important reasons, above this also controls the foreign traders, as mentioned is only encountered at customs size. In other words, NGO, Obtaining permits from the relevant authorities for export goods and crops in this document, the customs declaration is seen as the export of goods subject to authorization such as the one presented to the customs office. However,, This process of an application that has complex dimensions such as NGOs and international security reflects only a specific part. Well, then what is NGO?

NGOs main factor is the nature of the goods and put them in a separate place from the special customs controls. In other words, requires a different control than other merchandise goods trade is a particular reason for revealing the concept of NGO. These, Weapons of Mass Destruction (small) conventional weapons and goods used in construction, military equipment and dual-use (Souvenirs can be used for both military and civilian, such as lasers, chemicals) It can be summarized as goods. In simple terms used in the production of arms and military goods in international trade, more than that can sit very important position in the international security, therefore require special arrangements. This type of goods to pass into the hands of terrorist groups or countries of objectionable leads to efforts pursued under the international security dimension of strategic trade. Therefore, trade in such goods which have a special importance due to the nature of an article only allowed subject to permission being monitored at a higher level of importance and can not be seen as customs procedures, international trade affects a significant size. Even this level of influence the flow of international trade can change in a positive or negative way. any country where tight control of strategic goods can be dropped in a difficult situation in the international community, It can lead to serious consequences such as deflection of trade on countries. Is it really as difficult as it appears on the control of such goods?

In fact, the construction of the control of such goods have engaged in trade with illegally rather than the civilian use of these goods is not very common. Dual-use goods that have civilian or military status of the intended use of the article itself understood outside looking in, being one of the greatest challenges in the controls, a separate conventional or traditional customs checks authorization procedure control system necessitates the creation. All these processes are referred to as the Strategic Trade Controls.

nuclear known as Weapons of Mass Destruction, chemical, biological and radiological weapons, of conventional weapons and military material objectionable country and into the hands of terrorist groups to create the effect is not difficult to predict. Therefore, such articles being carried out around the international trade regulations and states is being closely monitored. In cases where the prohibited goods trade comes into question as a method smuggling. But, as time goes by taking such a complicated efforts to produce weapons and weapons by providing a direct path instead of the piecemeal laws to provide, International trade has resulted in the monitoring of different ways and methods. In particular, the monitoring of dual-use goods has moved to a different dimension of trade issues. Well, Where customs authorities of a standing international security issues affecting this degree, What role plays?

Security issues are on the agenda as never before in recent years. This situation has affected the daily business of practicing their customs administrations and international traders doubt. state employees should not have their weapons of mass destruction, as well as non-state concerns are increasing efforts to obtain weapons for terrorist activities of the organizational structure. Using chemical weapons attacks seen in recent years, especially in neighboring countries, It is left to a single country or a single institution is indicative of the significant degree of safety issues. One of the answers to the increasing terrorist activities and the resulting insecurity of customs administrations in the international environment has also NGO activities. Changing, developing day by day and this process complicated customs administrations function seems to contradict each other is rendered with multiple and sometimes obliged to perform simultaneously.

Especially 11 September 2001 After changing the nature of the attacks and increasingly widespread way of a non-governmental organization able prevented terrorist activity using the legal supply chain is to control the access to weapons and related materials. It is being tried to be provided with a variety of regulations under international NGO. These arrangements brief international conventions, regime and the United Nations (BM) It can be summarized as embargoes and sanctions decisions. These generally, A portion having binding at the international level, some countries, the minimum bearing liabilities, which are also the guiding text quality.

2004 year taken by the UNSC 1540 Decision No, with CBRN weapons and WMD non-proliferation of all the states in their transport systems "effective measures" were taken and put in place mandatory obligations to be observed in the implementation. These measures, export, It includes law enforcement efforts to prevent the illicit traffic of customs inspections and related materials with customs regulations as transit. This decision by the state legislature, application and take all effective steps on the issue, including enforcement, the declaration of intent must not engage in activities beyond. 1540 Committee of experts on the key role in the implementation of this Decision that the customs authorities of the highlights on every platform. Detection of illicit traffic of dual-use materials 3.c and 3.d decision in paragraph, be discouraged, effective border controls in the prevention of and fight emphasis is on the importance of law enforcement. Thus 1540 Committee Chairman, Ambassador Oh Joon in a speech he made "the prevention of the spread emphasize how small the contribution of the national customs administration" has summarized the issue, saying.

World Customs Organization, which is another international platform in December 2015 (DGO) Policy Commission, in reference to his role in the security of the customs authorities released the Proposition Punta Cana. Accordingly, the role of the customs authorities should adopt security issues, and these issues should be included in policy documents, including the strategic plans. In addition, other stakeholders with customs administrations to improve border security between information sharing and cooperation should be enhanced.

The customs authorities are particularly redefine the role and position to play its part in the field of security under changing conditions as can be seen from all these international documents. In manner, it should be aware of their responsibility and the private sector should contribute to the security of the supply chain. The two parties will also benefit from a process that. The next section if healthy establishment and functioning of the NGO system will be discussed as to what would be the benefits to the private sector.

2- Benefits from the NGO Private Sector Perspective

2.1- International Trade Safer Making

examples of good practice around the world converge on controls of National NGO, It will have beneficial results, particularly in terms of local traders. Namely, to our country from raw materials increased and the nature of the right to export semi-finished and finished products allows us to evolve to become an increasingly influential countries in international trade. But, built on the principle of trust to create the image of a country that they represent the countries they do business for our exporters in the international trade supply chain emphasis on safety in the eyes of the public administration are essential. At this point, it is important to the creation of NGO culture. The customs authorities when applying the rules of stakeholders together with NGOs, We also export and transit trade in licensing process erbab, such as prior authorization procedures must fulfill the full and timely. This constitutes only a modest part of the big puzzle NGO. If traders how to comply with the NGO legislation, understanding of the rules is not just a bureaucratic obstacle that will spread, compatibility will be adopted as a corporate approach. This is when viewed from an international perspective, To show the importance given by the local traders to supply chain security and are generally important in terms of strengthening the international image of the country.

When we take issue with a different perspective, so we thought it eliminates the element of trust in international trade is better understood the importance of NGOs. If the tradable goods exported by the countries they are in the country or in the event of non-state actors for purposes of terrorism or WMD construction, The trade volume of these countries perceived as risky countries mentioned goods decreased over time there are possible occurrence. The same scenario, The country is not only exporting countries where the goods are in transit now need to think in a way that would include the. Transit countries have serious shortcomings in controls, once the search of another trade route, thus harming the country's trade. In this regard, if not taken serious measures, As a further UN sanctions, embargoes are put. Therefore, to take the necessary measures to NGOs or in the case of countries showing weakness, the company will give up its export shipments to certain countries, not very convenient, and therefore calls on behalf of security trade routes such as the consequences negatively affected international trade.

2.2- Strong Ring Being in the Trade Chain Turkey

International trade, Only two countries from a transaction that side of the equation rather than the need to think like a host in the many elements. If the trade as a very important factor in the itinerary shipped away if carried out between the two countries need each other to include in the equation. However,, any delay in this equation, Is distrust of incompatibility or adversely affect trade and shipping routes may lead to a change.

Turkey, Europe, Asia and is an important transit country between the Middle East saw the bridge. Only road transport us even when we consider the most important gateway to Europe traded with Kapıkule Customs opened our doors to the Middle East with the most important Habur customs gate every day about 5.000-6.000 to operate driveways. Besides, Mediterranean, Aegean and the Black Sea ports in Asia each day using, tons of goods to Middle East and African countries, and its products are shipped. The position of our country, Middle East, Is adjacent to risky regions such as Africa, hatta İran, Iraq, Some countries share the same border with Syria over our country's strategic goods such as intensive raises the possibility of referral.

The following map, The UN arms embargo applied by countries with non-state actors, terrorist groups and people shows. Although already implemented by the UN arms embargo on Syria, In terms of our civil war the country experienced in the country in question poses a high risk. As can be seen from the map, Turkey is the next neighbor with a portion of its proximity to high-risk areas. This situation, Our national security should create very serious problems both in terms of our international trade.

Any weaknesses or omissions in strategic goods passing customs controls easily to a country or unwanted hands of a terrorist group, The threat to international security and could even lead to a return to our country as a weapon or explosive this article. Another possible outcome is, supply chain of our country will be perceived as the weak link in the security and hence the change of trade routes, and now is not preferred as a reliable trade partner in the international trade of domestic firms. Therefore, an NGO active system of our country emerges as an essential element in terms of trade.

2015 In a number of US-based New York Times newspaper published an article on fertilizer exported from Turkey to Syria, he had allegedly passed into the hands of terrorist organizations. Both our Ministry, strongly refuted by the Ministry of Foreign Affairs as well as the news channel, NGO issues not addressed the importance of how much remains before us as a powerful example to illustrate the need to. be faced with such accusations that undermine the image of the country from time to time, becoming an unreliable country in international trade may lead to results that will reduce our competitiveness in foreign markets. That's why all stakeholders to understand the seriousness of the issue of the NGO process should avoid behavior that jeopardizes the security of the international supply chain. Our exporters should care about who is the end user, must fulfill licensing requirements. In our area of ​​transit transport logistics company that owns the largest share of what belongings they move and act as a responsible merchant who can pass into the hands thinking is important. It expected to take a more active role in this area is the largest shareholder of the implementation of government institutions and traders to show the way to follow carefully the international NGO legislation.

2.3- Transfer of Technology and Strategic Goods

the most important advantages that the country is one of an effective NGO practices possible to achieve high-tech. If what extent harmonized with international regulations in this area, To what extent, if effective measures are taken to CSO, exporting countries in the transfer of the said goods it will be very comfortable.

As mentioned above,, The vast majority of NGOs are subject to high-tech goods with both civilian and military applications. Product providers of this kind of shipping the products make any countries risk seeing or technologies that demand in the strategic business areas of the country that controls weaknesses and / or the thinking that the lack ban on exports of the products in question, Be able to restrict or measures of another kind. This condition may cause serious problems in the provision of said product or technology transfer.

Targeting export-based growth, such as Turkey and will not have understood better that when the finished product exports to developed countries to import high-tech products in a country's foreign trade could not get the level to what extent thought to be dependent on NGO system to what extent essential is.

As can be seen from the table above, 2015 and 2016 The share of exports of industrial products during manufacturing of high-tech products % 3,5 As the share of imports was at a low rate of about %15-17 level is. These statistics are striking to us how the transfer of advanced technology to our country's needs in a way represents.

3- Regarding Turkey's NGO Roadmap

Our country to all international agreements on NGOs, As a party to the arrangements and multilateral export regimes, sincerity in this field and it has demonstrated very clearly that it is open to working together. Particularly high risk of being close to, this field have made it necessary to take all necessary steps, It also raised the expectations of the international community in this field in our country,.

However,, NGO which provides legal ground in our country, definition, functioning, The duties and powers of the relevant institutions, forms of work with each other, There is no single holistic and exporter of legislation defining the responsibilities and obligations in this area. Instead, each stakeholder organizations in matters falling within their jurisdiction has organized its legislation. Said lack of legal regulations, the disruption in the operation of the system, A study of coordination between institutions, uncertainty of authority, exporter of time loss, shipment of goods in transit, on issues such as procedures and sanctions in the free zone to legal loopholes, legislation crowd, Causes of the clutter and unnecessary correspondence checklist.

NGOs in the European Union, 428/2009 It is carried out under Regulation No.. Regulation with said single control list is formed. Each institution rather than regulate its own legislation, including all the elements of the system subject to control, as in the EU, and the removal of the article together in one title legislation must first. so, It is lost in the crowd of traders legislation, which goods will enter the checklist, Which institution is required to apply, Easily able to know their rights and obligations in this regard.

Another issue is related to the topic, be allowed to expect the current situation of the media in the paper is the result of the application and the applicant lead to serious loss of time. The goods subject to licensing our country NGO (permission) Ministry of Economy based on the nature of the goods transactions, Turkey Atomic Energy Agency and the Ministry of National Defense (TAEK) It is operated by, The control and application procedures are fulfilled by the Ministry of Customs and Trade. Allow companies wishing to make their first application for licensing institutions with necessary documents, Adding later the customs declaration permits to offer these documents to the customs authorities. International trade, hour wait, even when considering that leads to serious cost, In a moment before execution of electronic media is emerging requirements of the permitting process.

On the other hand, Referring to goods subject to export controls, having said that we often technically complex nature of this article. This situation, in particular to the customs officials create difficulty in determining whether the recognition of the article and is subject to control. On the other hand, The difficulty in eliminating said risk analysis was the most effective mechanism is expressed frequently in the international arena. Although our Ministry performed a risk analysis in the export and transit operations in the WISE system, in each of the licensing agency to make his own risk assessment, but that does not present a risk to themselves most of the time through correspondence for items they think might be risky in terms of other institutions are demanding this information. This situation, It increases the correspondence traffic and leads to waiting in customs of the goods concerned. Therefore, strategic goods at special risk analysis and application of the said application passed all relevant institutions in the form of a common risk analysis platform to enter at their own risk criteria, Control of the elimination of unnecessary correspondence Besides being more efficient and allow the respective operations will ensure faster.

On the other hand, related companies also informed in this regard and also directing a major issue. Strategic goods waiting in customs is mainly arise from knowing whether deliberate course of action is to allow the company rather than goods subject to control or. Related companies will eliminate customs still waiting to be informed about it.

references

  • EARLY, Bryan R., The Relationship Between Strategic Export Controls and Economic Benefits, 21st Asian Export Control Seminar
  • CHATELUS, Renaud., The Role of Customs in Strategic Trade Controls: Challenges and Potential, Taking a States’ Enforcement Perspective, Center for International Trade and Security The University of Georgia
  • JONES, Scott and KARRETH, Johannes., December 2010. Assessing the Economic Impact of Adopting Strategic Trade Controls, U.S. Department of State Bureau of International Security and Nonproliferation Office of Export Cooperation
  • Strategic Trade Control Enforcement (STCE) Implementation Guide, World Customs Organization

ABOUT THE AUTHORS

Ali Burak Cihan KELLECİ ÜRKMEZ

Customs and Trade Customs and Trade Expert Expert

Directorate General of Customs Directorate General of Customs Enforcement

e-mail: a.kelleci@gtb.gov.tr ​​e-mail: b.urkmez@gtb.gov.tr

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