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6 Slovakia POLAND CZECH REPU BLIC UKRAI NE Bratislava A U STRIA HUNGARY RO MANI A Slovakia data proﬁle Population 1 5.4 million (2000) Territory 2 48,845 km2 GDP 3 $19.1 billion (2000) Inﬂation rate 4 14% (1999 est.) Current value of external debt 5 $9,430 million (2000) Unemployment rate 6 20% (1999 est.) Defence budget (percentage of GDP) 7 1.80% (1999) 6.1 DURING THE 1980S the former Czechoslovakia was the second largest arms producer Introduction in CEE. The majority of the country’s production, in particular large weapons plat- forms such as tanks, combat vehicles and anti-tank missiles, took place in Slovakia.8 The Czechoslovak defence industry employed directly 73,000 people,9 of whom more than 40,000 worked in Slovakia.10 From the beginning of the 1950s until 1989, Slovak armaments factories produced 20,607 main battle tanks, 21,446 armoured ﬁghting vehicles and personal carriers as well as 1,737 artillery systems.11 After the overthrow of communism in 1989, Czechoslovakia moved rapidly towards conversion to a market economy. The impact of this shift, however, was more difﬁcult for Slovakia than for the Czech Republic. The move away from unproﬁtable heavy 1 The World Bank Group, www.worldbank.org/data. 2 www.emulateme.com/content/. 3 The World Bank Group, www.worldbank.org/data. 4 Consumer prices. www.emulateme.com/content/. 5 The World Bank Group, www.worldbank.org/data. 6 www.emulateme.com/content/. 7 Jane’s Sentinel, www.janes.com. 8 In 1988, there were 36 large arms factories situated on Slovakian territory. 9 ‘Armaments conversion – expectations and facts’, Waclaw Stankiewicz, in The Conversion in Czech Republic and Slovakia (Bellona, Warsaw 1999), pp 115–122. 10 Ibid p 121. 11 Konstrukta Trencin in the History of the Czechoslovak and Slovak Armament Industry, Zdenek Vopat (Magnet Press, Bratislava, 2000), pp 140–144. 2 ARMS PRODUCTION , EXPORTS AND DECISION - MAKING IN CENTRAL AND EASTERN EUROPE industry, especially arms production, immediately had negative consequences for the Slovak economy and the growing economic imbalance between the Czech and Slovak regions12 contributed to the push for Slovak independence. Since its peaceful separation from the Czech Republic in January 1993, Slovakia has undergone a two-fold transformation. The ﬁrst aspect of this is the change from a centrally planned to a free market system; the second is the shift from a subordinate to an independent economy. But the transition to a modern market economy has not been easy, with Slovakia experiencing more difﬁculties than the Czech Republic. After the separation, Slovakia had to build up and introduce a central administration, central banking, monetary and tax systems. Problems became particularly acute for the defence sector. With the most experienced weapon dealers remaining in Prague, the newly formed Slovak arms trade companies were not particularly successful. In addition to difﬁculties in selling its products in the post-Cold-War world arms market, Slovakia also lacked a trade infrastructure and the expertise and the resources to modernise its military production.13 These problems were compounded by political insecurity and a general economic decline, with unemployment rates of up to 30 percent in the worst affected areas. This decline made it more difﬁcult for Slovak defence companies to secure resources to modernise their military production. The value of arms exports decreased from $1.833 billion in 1988 to $213 million in 1992. As a consequence, after the break-up of Czechoslovakia the arms trade policy of the nationalist-populist government of Vladimir Meciar gradually became more bold and desperate. Prime Minister Meciar advocated a revival of the defence sector and the conﬁrmation of its priority in the country’s economic policy. Until the change of government in September 1998, the administration concentrated its efforts on ﬁnding potential buyers in developing countries, especially those with an inventory of former Warsaw Treaty Organisation weaponry. Since 1998, the defence industry has undergone a process of modernisation and consolidation. This has been in response to political changes, both internally and internationally, not least Slovakia’s ambition to join the NATO alliance, and has been helped by Slovakia’s economic recovery. The modernisation of the army’s equipment to ensure compatibility with NATO structures has increased the orders placed by the Slovak Government. Among 92 arms innovation projects which have been approved as steps towards the fulﬁlment of 64 NATO partnership goals, 29 have already been carried out.14 In the government’s view, full NATO membership would provide the driving force for further development of the industry: in the words of the Economy Minister Lubomír Harach: “If we want to help the Slovak military industry, the best thing we can do is create suitable conditions for membership in the [NATO] alliance”.15 Not only would the accession to NATO offer better opportunities to enter NATO markets, but it would also facilitate access to foreign investment for Slovak manufacturers. On 3 March 2000, the 40 major defence companies established the Association of Defence Industries of the Slovak Republic (ADISR), whose primary function is to facilitate research, production and the modernisation of the defence industry. A year later, the Ministry of Defence and the ADISR signed an agreement providing for effective links between the Ministry of Defence’s defence planning and the programmes of different industrial plants, and for the enhancement of common 12 In Czechoslovakia 58,000 employees of the defence industry lost their jobs at the beginning of the 1990s: approximately 20,000 in the Czech republic and 38,000 in Slovakia. 13 The Defence Industry in East-Central Europe – Restructuring and Conversion, Yudit Kiss (SIPRI, OUP, 1997) p 62. 14 These include: the self-propelled anti-aircraft system BRAMS; rocket-launcher MORAK; modernised armoured vehicles OT-90 and tank T-72M, light armoured carrier Aligator, self-propelled howitzer Zuzana; and medium off-road car Aktis. Slovak news agency TASR [FBIS transcribed excerpt from report in English], 2 May 2001, 1231 GMT. 15 ‘Overly strong ties to tradition; Economy Minister Harach on the Slovak defence industry’ [in Slovakian], Pravda, 19 April 2001, p 18, source: David Isenberg’s Weapons Trade Observer; ‘Interview with Pavol Kanis – Minister of Defence of the Slovak Republic’, Jane’s Defence Weekly, 16 August 2000. SAFERWORLD ARMS & SECURITY PROGRAMME 3 projects with NATO members and within the Western European Armaments Group.16 Economic constraints mean that it is likely that the Slovak military will concentrate more on upgrades than procurement of new equipment in bringing its armed forces up to date and ensuring NATO compatibility.17 The ‘Force 2010’ modernisation plan for the Slovak military is designed with NATO compatibility in mind. Similarly, recent co-operation initiatives on military and defence industry issues with neighbouring countries will aid Slovakia’s chances of NATO membership.18 This has been a consistent policy within the Slovak Ministry of Defence in recent years, and one which has won praise from leading NATO states.19 In August 2000 the then Defence Minister Pavol Kanis commented that “Today, everything is directed towards our joining the alliance”,20 and in April 2001 the current Minister of Defence, Josef Stank, admitted freely that the key element of the Slovak Republic’s new Security Strategy is to be in the next round of NATO membership.21 The new strategy was adopted by the Slovak National Council on 27 March 2001. The document states that the Slovak Republic “will contribute to the preparation and realisation of agreements on armament control, disarmament and non-proliferation. The Slovak Republic will be participating in asserting a broader, more complex and better-veriﬁed process for international controls. National arms export control is a component of this effort and the Slovak Republic will strictly harmonise it with its own integration interests”.22 6.2 Normative Legally and politically binding commitments undertaken by Slovakia Year and regulatory Nuclear Non-proliferation Treaty 1993 23 framework Nuclear Suppliers Group 1993 Zangger Committee 1993 6.2.1 Commitments to Australia Group 1994 international control Chemical Weapons Convention 1995 24 regimes Biological Weapons Convention 1993 25 Wassenaar Arrangement 1996 Conventional Forces in Europe Treaty 1993 26 Ottawa Landmine Convention 1999 27 EU Code of Conduct 1998 EU Joint Action on Small Arms and Light Weapons 1998 OSCE Criteria on Conventional Arms Transfers 1993 OSCE Document on Small Arms and Light Weapons 2000 16 Op cit Jane’s Defence Weekly, 25 April 2001. 17 In 1999 the Slovak government was forced to halt all funding for army materiel that year in order to pay soldiers’ living costs. ‘Slovaks urged not to issues subsonic tender’, Jane’s Defence Weekly, 21 February 2001; ‘Diehl to modernise Slovakian RM- 70’, Jane’s Defence Weekly, 31 January 2001; ‘Slovak army facing funding crisis’, Jane’s Defence Weekly, 4 August 1999. 18 ‘Slovakia plans airforce 2010’, Jane’s Defence Weekly, 19 September 2001; ‘Slovakia approves tri-national brigade’, Jane’s Defence Weekly, 10 October 2001; ‘Czech Republic and Slovakia plan mechanised battalion for KFOR’, Jane’s Defence Weekly, 25 July 2001. 19 In January 2000, the Chairman of the US Joint Chiefs of Staff Gen Henry Shelton praised the “substantial progress” Slovakia has made in its preparations to join NATO. ‘Slovakia’s NATO preparations praised’, Jane’s Defence Weekly, 19 January 2000. 20 Op cit Jane’s Defence Weekly, 16 August 2000. 21 Op cit Jane’s Defence Weekly, 25 April 2001. 22 Security strategy of the Slovak Republic, Annex to the decision of the Slovak National Council No 1312, Article 44, 27 March 2001. 23 Date deposited accession. 24 Date ratiﬁed. 25 Date deposited accession. 26 Date the treaty formalised the adherence of the two successor states of Czechoslovakia. 27 Date ratiﬁed. Slovakia completed the destruction of its stockpile of antipersonnel mines in September 2000. Landmine Monitor Report 2001 (Landmine Monitor), www.icbl.org/lm/2001/exec/, Executive Summary. 4 ARMS PRODUCTION , EXPORTS AND DECISION - MAKING IN CENTRAL AND EASTERN EUROPE 6.2.2 Legislation The legislative basis for the export of arms and related technologies is established by governing arms Act No 179 of 15 May 1998. The law stipulates conditions of trading in military equip- production and ment and the operation of state authorities in this ﬁeld. A broad deﬁnition of military exports equipment is provided together with a list of 14 military categories which are covered by the law. The legislation establishes a system whereby all arms exports must be con- sistent with the foreign policy, security and economic interests of the Slovak Republic. In October 2001, the Slovak Cabinet amended legislation on the export and import of dual-use goods. The changes are designed to restrict the issuance of licences for trading and transporting goods such as industrial chemicals, toxins and technologies used in nuclear power generation and chemicals used in agriculture that can be used to make explosives.28 6.2.3 The decision- The Ministry of Economy is the ultimate licensing authority. The Slovak licensing making process and system has two stages. The ﬁrst involves applying for a permit to trade in military administrative equipment. The Ministry of Economy issues such a permit after consultation with the structure for policy Ministry of Foreign Affairs and the Ministry of the Interior. The second stage involves implementation individual export licences for the import or export of military equipment. The Ministry of Economy decides whether to grant a licence prior to approval by a Licens- ing Commission (which comprises representatives of the Ministries of Economy, Foreign Affairs, Interior and Defence; the Ministry of Foreign Affairs retaining a veto).29 No licence is required for negotiations or pre-shipment activities. However, in cases where ‘important military equipment’30 is being traded, the applicant can apply for a ‘negotiation licence’, which allows the company to market and discuss possible contracts with the foreign buyer before submitting an export licence application. The application for an arms export licence must be accompanied by an end-user certiﬁcate which has been validated by the ‘central authority’ of the importing country. The information provided by foreign buyers is veriﬁed by Slovak diplomatic personnel abroad. No additional controls are carried out after the Ministry of Economy has issued a licence to export.31 The law provides for three important licensing exemptions. No licence is required for: I exports in connection with operations of the Slovak armed forces or Police Corps pursuant to international treaties and agreements I equipment destined for the Slovak Ministries of Defence or Interior that is re-exported I transit of military equipment through the Slovak Republic if equipment is on the territory of the Slovak Republic for a period no longer than seven days Act No 179 provides for the revocation of licences in cases where the applicant company provided wrong or false information or when the authorised entity violated Slovak law or international treaties and agreements by which the Slovak Republic is bound. Violations of the law are punishable by ﬁnes that vary depending on the nature and severity of the offence. 28 Slovakia made headlines when Wadih el-Hage, the al-Qaida member convicted for the bombings of the US embassies in Kenya and Tanzania in 1998, said during his trial in New York that he had purchased spare tractor parts, as well as bitumen, urea and nitrogenous fertiliser in Slovakia. ‘Terrorist hunters turn to Czech and Slovak arms traders’, Rick Jervis, The Wall Street Journal, 12 November 2001; ‘Angola-bound weapons impounded in Bratislava’, Ed Holt, The Slovak Spectator, October 8–14 2001, vol 7, No 38. 29 Until 1998, the chairman of the Licensing Commission was the head of the Defence and Security Department of the Ofﬁce of the government (Ofﬁce of the Presidium) with the rank of general. Currently, the names of the commission’s members are secret. In 2000, the Licensing Commission issued almost 1,000 licences. Op cit Pravda p 18. 30 This is deﬁned as equipment which is important from the point of view of its combat use or its quantity. 31 On the reverse of the Licence Document there is table that the Customs Authorities ﬁll in for any partial deliveries of the goods which are allowed by the contract. Every three months, the licensee has to make a statement on how the licence has been utilised. SAFERWORLD ARMS & SECURITY PROGRAMME 5 6.2.4 Government The Slovak Government has pledged on numerous occasions its willingness to guidelines and ofﬁcial contribute to discussions and agreements to tackle the proliferation and misuse of policy on small arms SALW. The Slovak Government’s position has been set out at various international and light weapons fora, including the UN Security Council.32 In July 2001, Mr Jan Figel gave a statement on behalf of Slovakia at the UN conference on the illicit trade in SALW, in which he expressed full support for the OSCE docu- ment on SALW and the EU Code of Conduct on Arms Exports. Mr Figel emphasised his government’s belief that a comprehensive approach to the problem is required, and that the conference must address “both the supply and demand sides, also in ‘all their aspects’. Here we put emphasis on such fundamental issues as export control and criteria, marking, brokering, surplus destruction as well as management of stockpiles.” Slovakia’s statement went on to note that mechanisms at all levels must be strength- ened and complementarity ensured. The government stressed its “positive view of the creation and development of regional initiatives”, which clearly reﬂect the needs of the region for which they were designed, and which serve as building blocks for action on a global level. It appeared that from Slovakia’s point of view, a strengthening and co-ordination of regional efforts would be far preferable to the creation of additional international bodies. Mr Figel also expressed his belief in the need to “enlist the broadest possible involve- ment of civil society, which we consider to be an important partner in our efforts aimed at dealing with the problem and raising public awareness in this area”.33 6.3 Ofﬁcial information relating to the production, holdings and exports of arms is very Transparency limited. The only ofﬁcial data available on arms exports are those provided to the UN for inclusion in the UN Register of Conventional Arms. The Slovak Ministry of and Economy issues press releases about national arms exports annually. However, these parliamentary/ press statements are very limited, only touching on the global value of arms exports public and the number of the general licences granted.34 There are no mechanisms in place accountability for parliamentary scrutiny and government accountability in the arms trade. arrangements In January 2001, a new Freedom of Information Act came into force. The act is the ﬁrst legislative instrument in Slovakia which allows the access to government information of public interest. Although the law represents an improvement in government accountability and transparency and removes a number of bureaucratic obstacles to the access of public information, there are restrictions to the release of information related to “national security”. On 30 May 2001, the Slovak Parliament adopted a new law, Act No 241/2001, on ‘Protection of Secret Matters’ whose second paragraph states that “data on import and export of military equipment or other strategic materials, technologies and installations” is secret. When interviewed by the Slovak newspaper SME in November 2001, the Director of the National Security Ofﬁce, Mr Ján Mojzís ˇˇ stated: “Law 241/2001 has an appendix which contains the deﬁnition of basic facts covered by four degrees of secrecy. It is quite obvious that it was drawn up by in- competent people. In my view, the appendix does not respect the philosophy of NATO member states. In Spain, ﬁve types of information are classiﬁed as strictly secret, while we have 21 thematic areas which could result in tens of thousands of strictly secret documents. Three or four would be fully adequate”.35 32 See appendix 2, section 6.7.2. 33 See appendix 2, section 6.7.2. 34 See appendix 3, section 6.7.3. 35 ˇís ‘It’s forbidden to lie in good society’ [in Slovak], interview with Ján Mojz ˇ, National Security Ofﬁce Director, SME, 2 November 2001, p 5. 6 ARMS PRODUCTION , EXPORTS AND DECISION - MAKING IN CENTRAL AND EASTERN EUROPE A number of Slovak NGOs have advocated greater transparency in the Slovak arms trade. The Slovak Foreign Policy Association (SFPA) organised a roundtable meeting on small arms and arms export controls in Bratislava in February 2001 involving government ofﬁcials and civil society representatives. As a result of this meeting, SFPA are working in association with the Slovak Ministry of Foreign Affairs on developing an annual reporting system for the Slovak Republic. 6.4 Arms In recent years new export deals, economic recovery and state-led reforms have helped production consolidate the position of the Slovak defence industry. Although downsized, the defence industry has retained a signiﬁcant capability in research and development, production and modernisation of weapons systems. According to ofﬁcial ﬁgures pro- vided by the Ministry of Economy, the Slovak defence industry produced armaments worth Sk1.447 billion ($29 million) during 2000. The output consisted of: 35 percent ammunition and spare parts; 30 percent engineering technology; 25 percent heavy weapons; and 10 percent electronics. Over 53 percent of the overall production in 2000 was exported.36 The Slovak arms industry is organised in seven major industrial branches: artillery systems and equipment; air defence systems; armoured equipment; ammunition and explosives; logistic equipment; simulators; other equipment including small arms, individual protection goods and medical support items. Aviation production in Slovakia was hard hit by the division of Czechoslovakia and is now very weak, as more than 90 percent of production was situated in the Czech Republic: only the LOT Trencin military repair plant (800 employees) and jet engine producer Povazske Strojarne Letecké Motory (PSLM) (350 aviation employees) can be considered signiﬁcant producers. The main part of the Slovak defence production is concentrated in the DMD Holding jsc group, which was established in 1995 under Government Resolution No 699 with the aim of co-ordinating technical development, production and trade activities of group members, and preventing defence industry structure decline.37 DMD Holding comprises the following arms producing ﬁrms: I ZTS plus Dubnica nad Vahom jsc, whose most famous products are 155mm self- propelled gun howitzers, supplied to the Slovak and Greek armies, which are now available in three models, the Zuzana 8 x 8 Model 2000, the Zuzana T-72 A40 trucked version,38 and Dana 8 x 8 Model 77/99. ZTS is currently developing a new version of the Zuzana 8 x 8 155mm self-propelled artillery system that will feature a NATO-type 155mm/52-cal ordnance.39 ZTS also produces various mortars, including: a NATO- style 81mm, which it hopes to supply to the Slovak army in 2002; a 98mm mortar system, 48 of which have been sold to the Slovak army; and a 120mm mortar, which is in service with the Czech and Slovak armies.40 I ZVS Holding Dubnica nad Vahom jsc, which is mainly concerned with the manufacture of artillery rounds, mortar bombs and rockets. I PPS Detva Holding, jsc, which manufactures the BMP-1 and BMP-2 armoured personnel carriers, together with armoured ambulances 41, multi-purpose 42 and recovery vehicles. 36 Hospodarske Noviny, 22 May 2001 [in Czech]. 37 “Export of weapons and military equipment amounting to $40 million, that is 20 percent of total DMD Holding turnover” ‘IDEE Exclusive’, Special edition IDET 2001, Magnet Press Pbl., Bratislava, Slovakia 2001, p 33. 38 A Zuzana gun mounted on a heavier and larger turret based on a T-72 MBT chassis, with 40 rounds ready to ﬁre (the regular wheeled Zuzana is capable of ﬁring 30 rounds simultaneously, and an additional 10 after reloading the automatic feeding device). 39 ‘ZTS to enhance Zuzana SPG’, Jane’s Defence Weekly, 30 May 2001. 40 ‘Slovakia’s ZTS develops new mortar systems’, Jane’s Defence Weekly, 25 July 2001. 41 Armoured ambulances built on a BMP-1 chassis. 42 Tatrapan 6 x 6 multi- purpose armoured terrain vehicle (troops carrier + command post). SAFERWORLD ARMS & SECURITY PROGRAMME 7 I DMD Mobiltec Martin, jsc 43 (formerly ZTS TEES Defence Martin, jsc), is the leading company in the development and production of main battle tanks (MBTs). It manufactures the T-72 under licence from CIS and, with foreign participation, the upgraded Moderna T-72 M2. I Konstrukta Defence Trencin, jsc, researches, develops and tests a vast range of armaments such as 155mm self propelled gun howitzers, 122mm rocket launchers, 120mm self-propelled mortars, towed mortars, military trucks, anti-aircraft systems, mine-clearing vehicles, ammunition and explosives. Two joint-stock trading companies dominate the country’s arms trading activities: Hermes jsc and Kerametal Company Limited. Hermes jsc was established in 1991 and it is authorised in accordance with Slovak law to trade in any category of weapon, including ammunition and rockets, heavy weapons, anti-tank and anti-aircraft weapons. Hermes co-operates with DMD Holding and with other arms producers in the Czech Republic, Bulgaria, Romania and Ukraine. Kerametal Company Limited, established in 1972, is the country’s second most important arms trading company and the primary distributor for most of the country’s heavy weaponry products, including howitzers, MBTs and armoured vehicles. The company is currently working on the supply of the Zuzana artillery system to Greece, and has the exclusive right to sell the Aligator armoured vehicle. Kerametal also co-operates with DMD Holding. Amongst other major arms exporters are UNIMPEX Martin Ltd and TECHNOPOL INTERNATIONAL Bratislava, jsc. In July 2000, France’s Giat Industries teamed up with DMD Holding to explore the feasibility of designing a low-proﬁle turret armed with Giat’s 120mm smoothbore gun to provide a cost-effective modernisation package for older main battle tanks, such as the Soviet-designed T-72 series MBTs and older Western M60 or Leopard 1 MBTs.44 Another Slovak defence manufacturer was less lucky with its partnership with a foreign ﬁrm – the prospects for the jet engine manufacturer Povazské Strojárne mentioned above became rather insecure in early 2000, after Rolls Royce of the UK decided not to renew its co-operation agreement of October 1999. Rolls Royce had entered into the exclusivity agreement to help the heavily indebted company develop its DV-2S turbofan engine but the costs involved made the co-operation non-viable.45 In May 1999 the creation of a joint co-ordination commission for Czech and Slovak technical co-operation in the defence industry placed an “ofﬁcial stamp of approval on what has been continuing within the industries since the split of the former Czechoslovakia in January 1993”.46 Jindrich Tomas, Czech deputy minister of defence for acquisitions in 1999 commented: “For many years, the defence industry of the two countries was a single entity, and therefore it is almost impossible to sever the relation- ship overnight… It is absolutely logical, natural and, above all, essential that the defence industries of the two countries co-operate more closely”.47 For example, the Slovak company Kerametal, manufacturer of the 155mm self-propelled howitzer, relies on Czech truck builder Tatra Koprivnice for the chassis, and on Czech steel manu- facturer Vitkovice for the armour plating.48 Indeed, the general director of the manu- facturing industry section of Slovakia’s Economy Ministry, Vojtech Panik, expressed his wish for the creation of a Czech-Slovak joint commission to work intensively on military procurement issues.49 The Slovak Government also has a military co-operation agreement with the UAE, 43 During the process of reorganisation and transformation of the DMD Holding, there were changes in the ofﬁcial names and internal structure of some ﬁrms. 44 ‘Giat seeks gun upgrade niche’, Jane’s Defence Weekly, 5 July 2000. 45 ‘Rolls-Royce’s pull-out jeopardises Slovak plant’, Jane’s Defence Weekly, 9 February 2000. 46 The commission comprises representatives from the Czech and Slovak Ministries of Defence, the Czech Ministry of Trade and the Slovak Ministry of the Economy. ‘Czechs, Slovaks seal industrial relationship’, Jane’s Defence Weekly, 2 June 1999. 47 Op cit Jane’s Defence Weekly, 2 June 1999. 48 Ibid. 49 ‘Czechs and Slovaks discuss L-159-Zuzana swap’, Jane’s Defence Weekly, 15 November 2000. 8 ARMS PRODUCTION , EXPORTS AND DECISION - MAKING IN CENTRAL AND EASTERN EUROPE signed in March 1999 and focusing on logistics, medical services, training and military education.50 6.4.1 Small arms and Slovakia has limited small arms production capabilities.51 PS Povzbroj jsc manufactures light weapons the PS-97 9mm semi-automatic pistol, as well as 9mm Luger (Parabellum) ammuni- production tion; 52 VOP 015 produces hand grenades.53 In 2001, ZVS jsc extended its production range to include a variety of small-calibre ammunition.54 6.5 Arms SIPRI ﬁgures indicate that between 1992 and 2001 Slovakia exported the following exports major conventional weapons (see table opposite). The value of exported arms and military equipment was Sk2.248 million ($45 million) in 2000. The Slovak Army surplus stocks provided 62 percent of the total exports while 38 percent was new equipment produced by the defence industry.55 A July 1999 report by the US State Department’s Bureau of Public Affairs lists Slovakia amongst the major suppliers of arms to African countries. In particular, Angola has purchased signiﬁcant quantities of Slovak weapons over the past ten years. For years Angola has been gravely affected by armed conﬂict and the Angolan Government has been described as having a “dismal human rights record”.56 The trade with Angola came under renewed scrutiny in January 2001 when it emerged that a Slovak company, ZTS OSOS, had acted as an intermediary in the supply of $500 million worth of Russian arms and ammunition to Angola in 1993 and 1994.57 Ofﬁcial ﬁgures from the Ministry of Economy put Slovakia’s trade with Angola between 1999 and the ﬁrst half of 2001 at Sk1.2 billion ($24.9 million) in exports, versus Sk25,000 ($520) in imports from Angola over the same period.58 In March 1995 arms were transferred from Bratislava to Ecuador, during a period when Ecuador was under ‘notional’ embargo by the Organisation of American States due to conﬂict along the frontier between Ecuador and Peru. A consignment of multiple launch rocket systems , which had been described on the ﬂight plans as ‘a hospital truck and special equipments’, was discovered during a refuelling stop in Portugal.59 After the ﬂight plans were amended, the plane and its cargo were allowed to proceed to their intended destination. On 25 September 2001, before submitting to the Slovak National Defence Council a conﬁdential audit on Slovak arms exports containing information on ﬁrms and goods which may have been involved in trade to countries suspected of harbouring or helping terrorists, the Economy Minister Harach reportedly admitted that until 1996 50 ‘Co-operation for UAE and Slovakia’, Jane’s Defence Weekly, 24 March 1999. 51 The 2001 Small Arms Survey ranks Slovakia amongst the small producers of small arms. ‘Small Arms Survey 2001 – Proﬁling the Problem’, Small Arms Survey, p 16. 52 Defence Production Catalogue 2000, Slovak Republic, p 133. 53 Ibid p 84. 54 At the beginning of 2000, ZVS Holding Dubnica nad Vahom jsc, bought the production line for small arms ammunition from Technopol International. ‘IDEE Exclusive’, in Special edition IDET 2001, (Magnet Press, Bratislava, Slovakia 2001), p 36. 55 Hospodarske noviny [The Economics Daily], 22 May 2001. 56 ‘Security concerns raised by arms transfers from candidate countries’, Open Letter to EU Foreign Ministers, Commissioners Prodi, Verheugen and Patten and High Representative Javier Solana, Human Rights Watch, 19 October 2001. 57 A political scandal broke out in France over this allegedly corrupt arms deal in which several well-connected French personalities, including Jean-Christophe Mitterand, the son of former French President François Mitterand, came under investigation. ‘Slovakia was the transhipment point’[in Slovak], ‘PT’ and ‘OD’, Pravda, 13 January 2001, p -2. ‘Arms and corruption with Angola: President Chirac and President Dos Santos have a lot of explaining to do’, Global Witness, 22 December 2000, www.oneworld.org/globalwitness/press/pr_20001222angola.htm. 58 Angola is only one of two African nations to have an embassy in Slovakia. ‘Weapons deals: state has few reasons not to approve’, The Slovak Spectator, October 22–28, 2001, vol 7, No 40, source: David Isenberg’s Weapons Trade Observer. 59 ‘Destination unknown – Strengthening end-use monitoring and control over arms exports’, Amnesty International UK and Oxfam GB, November 2000, pp 43–46; ‘How guns get to war zones – techniques of clandestine delivery’, Press Brieﬁng for the Third Preparatory Committee for the UN 2001 Conference on ‘The Illicit Trade in SALW In All Its Aspects’, Amnesty International, BASIC, International Alert, Oxfam, Saferworld, AI-index IOR 41/009/2001, www.amnesty.org, 21 March 2001. Slovak Exports of major conventional weapons by recipient country, 1992–2001 Table created by Pieter Wezeman (SIPRI) for Saferworld, 23 November 2001 60 ( ) Uncertain data or SIPRI estimate Year of No Recipient No Weapon Weapon order/ Year(s) of delivered/ Country ordered designation description licence deliveries produced Comments Algeria (54) BMP-2 IFV (1994) 1995–96 54 Incl. BMP-2K CP version Angola 6 L-29 Delﬁn Jet trainer aircraft (1999) 1999 6 Ex-Slovak 12 Su-22/Fitter-H/J/K FGA aircraft (1999) 1999–2000 12 Ex-Slovak; incl 2 Su-22UM trainer version; modernised before delivery (40) RM-70 122mm MRL (1993) 1994 40 Ex-Slovak (9) OT-64A SKOT-1A APC (1993) 1994 9 Ex-Slovak (205) T-55AM-2 Main battle tank (1999) 1999–2000 205 Ex-Slovak Cambodia 2 Mi-8TV/Hip-F Helicopter (1995) 1997 2 Second-hand; for VIP transport Chile 1 Unidentiﬁed APC/IFV APC type (1993) Ecuador 6 RM-70 122mm MRL (1994) 1995 6 Ex-Slovak Greece 12 Zuzana 155mm Self-propelled gun 2000 Option on 6 more India 35 VT-72B ARV 1993 1995 35 Deal worth $31.5 m; probably incl 25 assembled in India SAFERWORLD ARMS & SECURITY PROGRAMME 78 VT-72B ARV (1994) 1996–97 (78) Ordered after planned licensed production given up due to problems with producing T-72M chassis 42 VT-72B ARV 1999 Deal worth $30.4 m Indonesia (9) BMP-2 IFV (1998) 1998 (9) Possibly ex-Ukraine delivered via Slovak Republic 11 BMP-2 IFV (1999) 2000 11 Probably ex-Slovak Army Pakistan 6 OT-64C SKOT-2A APC (1993) 1993 6 Ex-Slovak; designation uncertain Rwanda (5) RM-70 122mm MRL (1996) 1997 5 Ex-Slovak Sierra Leone 10 OT-64C SKOT-2A APC (1993) 1994 10 Ex-Slovak Syria 58 T-72M1 Main battle tank 1992 1993 58 Part of deal for 252 T-72 tanks; ﬁrst 194 delivered from Czechslovakia before 1993 Turkey (72) AT-5 Spandrel/9M113 Anti-tank missile (1998) 1998 (72) United Nations 67 OT-64C SKOT-2A APC (1993) 1993 67 Ex-Slovak; designation uncertain; for UNPROFOR in Bosnia acronyms used, are explained in SIPRI Yearbooks. Entries are alphabetical, by supplier, recipient and licensee. 7 T-55 Main battle tank (1994) 1994–95 7 Ex-Slovak; modiﬁed to mine-clearing vehicle; for UNPROFOR in Bosnia Uruguay 12 OT-64C SKOT-2A APC (1999) 1999 (12) Ex-Slovak; delivered via Czech Republic way or completed during 1992–2001. ‘Year(s) of deliveries’ includes aggregates of all deliveries and licensed production since the beginning of the contract. Sources and methods for the data collection, and the conventions, abbreviations and 60 This register lists major weapons on order or under delivery, or for which the licence was bought and production was under 9 10 ARMS PRODUCTION , EXPORTS AND DECISION - MAKING IN CENTRAL AND EASTERN EUROPE some goods had been traded from Slovakia to countries with potential terrorist links.61 During 1996 Slovakia was involved in a massive ammunition supply operation to Afghanistan which involved the despatch of forty-ﬁve metric tonnes per day from Bratislava airport. The shipments were undertaken by western aircraft and continued for several months. Although all the consignments were for the then legitimate Afghani Government, aircrew involved in these transfers have admitted to investiga- tive journalists that some consignments were diverted to Taliban forces who were at the time the opposition party.62 According to recent media reports, the Slovak Ministry of Economy authorised the export of arms worth Sk62 million ($1.2 million) to Afghanistan in the 1995–96 period.63 Exports were said to have included large-calibre munitions and antitank missiles, including launchers.64 In April 1998, the Slovak newspaper SME reported that the aircraft repairs company LOT Trencin, jsc had been involved in the breaking of the UN arms embargo against Libya. The editorial ofﬁce of SME claimed to have uncovered evidence that at the beginning of 1998, 13 LOT employees had visited Libya. Their mission, according to SME, was to service and repair L-29, L-39 and L-410 planes.65 In December 1998, a 42-tonne shipment of arms, ammunition and explosives was scheduled and licensed for shipment from Slovakia to the government of Chad. The shipment was actually delivered to Khartoum, Sudan, at that time under UN and EU arms embargos. The UK Observer newspaper established that at least ﬁve arms ﬂights to Sudan took place: “Each ﬂight was worth approximately $50,000 to Hermes, the former Slovak state-owned arms manufacturer in Bratislava”.66 On 2 November 2001, the Director of the Slovak National Security Ofﬁce stated: “As far as the arms trade is concerned, we [Slovakia] don’t have a good name. Even the USA has admitted that they are paying special attention to us in this ﬁeld. What has made a very negative mark in the world is that our arms dealers falsify licences and end-user certiﬁcates and that they act as go-betweens supplying the world’s terrorist organisa- tions with arms and weapon systems. A radical solution of this problem should be our priority.”67 Bratislava airport, Slovakia’s only international airport, has been used as a hub for illicit or ‘grey’ arms trafﬁcking. Often described as one of the calmest airports in the world, Bratislava International sees few regular ﬂights a day and none at night, when only a few personnel remain on duty. Most importantly, Slovak legislation does not require a licence for reloading activities when transported goods do not remain on Slovak territory for more than seven days.68 The situation has been exploited to arrange arms transfers to conﬂict regions, in particular countries in Africa. However, recent efforts by Slovak police have brought some results. In October 2001, for instance, Slovak police seized a suspected illegal arms shipment at Bratislava airport which had arrived in from Iran and was due to be transported on to Angola.69 6.5.1 Small arms and Ofﬁcial data provided to the UN COMTRADE database shows that Slovakia is a minor light weapons exports exporter of small arms, with exports totalling less than $1 million annually.70 However, 61 The minister said: “I have information that between 1995 and 1996 there were goods which were exported to countries that could have been used by individuals co-operating with people who commit terrorist actions.” ‘Angola-bound weapons impounded in Bratislava’, Ed Holt, The Slovak Spectator, October 8–14 2001, vol 7, No 38. 62 Flight plans, airway bills and cargo manifests in the possession of Brian Johnson-Thomas. 63 ˇ The Czech news agency C TK reportedly obtained an ofﬁcial document by the Slovak Ministry of Economy showing that exports to Afghanistan included large calibre munitions and antitank missile. Radio Slovensko [in Slovak], 1300 GMT, 7 October 2001. 64 Ibid. 65 SME (Slovak daily), 23 April 1998. 66 ‘British pilot ﬂies arms to Sudan’, The Observer, 14 March 1999. 67 Op cit SME, 2 November 2001, p 5. 68 See section 6.2.3. 69 ‘Slovak police seize weapons’, Reuters, International Relations and Security Network, 3 October 2001. 70 COMTRADE, UN Customs Data; ‘Small Arms Survey 2001’, p 148. SAFERWORLD ARMS & SECURITY PROGRAMME 11 in the late 1990s, the country was involved in a number of highly controversial deals involving the direct or indirect supply of SALW. On 5 November 2001, a UN report on arms smuggling to Liberia was discussed by the UN Security Council. The document detailed how 1,000 assault riﬂes produced in Slovakia and exported to Uganda were illegally transferred to Liberia, a country under a UN arms embargo, in November 2000 using forged end-user certiﬁcates. The report describes how the weapons were supposed to be sent back from Uganda, the original buyer, to the Slovak manufacturer because they did not correspond to the contract speciﬁcations, but they were sold instead to a company in Guinea acting as a front for a Liberian smuggling network.71 A second consignment of 1,250 pieces of small arms was ﬁrst impounded by Ugandan authorities and later kept in Uganda.72 Evidence was unveiled of the involvement of a Slovak arms broker, Peter Jusko, in the illicit trafﬁcking through the provision of forged end-user certiﬁcates. The report also high- lights the key role of Mr Jusko in another illegal arms transaction for the supply, probably to Liberia, of two refurbished combat helicopters.73 The report concludes that: “The occurrence of individuals associated with Joy Slovakia 74 and Pecos 75 in the violation of the arms embargo against Liberia was systematic. Although these broker- ing companies may have been used for arms deals to other embargoed countries or non-state actors, individuals associated with the company played a very important role in arming Liberia and Sierra Leone.” 76 In January 1999, the UK newspaper The Sunday Times reported that Sky Air Cargo and Occidental Airlines (UK ﬁrms) had ﬂown 400 tons of AK-47s and 60mm portable mortars from Bratislava, Slovakia, to Sierra Leone rebels. Ostensibly destined for Uganda, the weapons were ﬂown to Liberia and Uganda, from where they were shipped on to rebels in Sierra Leone.77 In December 1998, research carried out in the UK revealed that a UK airfreight company made a series of arms shipments from Bratislava to Sudan. Although the cargoes had been described as bound for the Republic of Chad, documents obtained by The Observer newspaper, as well as interviews with aircrew members, showed that the ultimate country destination was Sudan, a country under an EU arms embargo.78 6.5.2 Arms fairs and Slovak defence ﬁrms take part regularly in military and defence technology exhibitions exhibitions. The International Defence Equipment Exhibition (IDEE), which is held in the Slovak city of Trencin, and the Brno IDET exhibition in the Czech Republic 79 are the most important international events for Slovak arms producers wishing to present new equipment, liaise with foreign manufacturers and explore co-operation 71 ‘Letter dated 26 October 2001 from the Chairman of the Security Council Committee established pursuant to resolution 1343 (2001) concerning Liberia addressed to the President of the Security Council’, UNSC, S/2001/1015, www.un.org/Docs/sc/committees/Liberia2/1015e.pdf, p 39. 72 Ibid. 73 In July 2000, the Slovak LOT helicopter plant signed a contract with the Defence Ministry of Kyrgyzstan for the refurbishment of two helicopter gunships. However, Kyrgyzstan authorities were not aware of any repair contracts for helicopters in the Slovak Republic. This was discovered only after the ﬁrst helicopter had been repaired and transported to an unknown destination, probably Liberia. In February 2001, Slovak customs authorities stopped the shipment of the second helicopter to Kyrgyzstan on suspicion that it might be delivered to a country under a UN arms embargo. Later, Peter Jusko, presented himself as a representative of the arms brokering company Pecos of Guinea and tried unsuccessfully to claim ownership of the helicopter. Ibid pp 50–56. 74 The company changed its name into Morse sro in 1999, and has been connected to suspected illegal arms shipments to UNITA rebel forces in Angola. ‘No questions asked: the Eastern European arms pipeline to Liberia’, Human Rights Watch brieﬁng paper, 15 November 2001. 75 A Guinea-based front company for illicit arms imports into Africa. 76 Ibid p 57. Mr Jusko, who was arrested following the publication of the UN report, was later released from custody when the Banska Bystrica Regional Court expressed the opinion that there was no conclusive evidence justifying criminal proceedings against the accused. ‘Slovak Court Releases Suspected Illegal Arms Dealer Jusko from Custody’ [in Slovak], SME, 14 December 2001, source: David Isenberg’s Weapons Trade Observer. 77 ‘British ﬁrms arming Sierra Leone rebels’, The Sunday Times, 17 January 1999. 78 The airway bill for one of the ﬂights details deliveries of arms between the Slovak arms supplier Hermes, the supposed destination of Ndjamena in Chad and the ﬁnal end-user, the MoD in Chad. However, the Aircrew General Declaration, which was ﬁled by the mostly British aircrew for this ﬂight, reveals the destination to be Khartoum in Sudan. Destination unknown – strengthening end-use monitoring and control over arms exports (Amnesty International UK and Oxfam), December 2000, pp 39–43. 79 See section 2.5.2, chapter 2. 12 ARMS PRODUCTION , EXPORTS AND DECISION - MAKING IN CENTRAL AND EASTERN EUROPE agreements. In particular, IDEE, which is held every two years, has attracted increasing interest from foreign exhibitors together with a growing number of Slovak partici- pants and visitors. There were 105 exhibitors in 1994, 127 exhibitors in 1996 and 1998 and 141 in 2000. The Slovak Ministries of Defence, Economy and Foreign Affairs are involved at varying levels in the organisation of IDEE, and the Association of Defence Industry of the Slovak Republic and DMD holding jsc also assist in the exhibition’s preparation. Since the mid-1990s the participation of Slovak arms manufacturers and exporters in international exhibitions has been supported by government agencies.80 This approach did not change after the election of the new government in 1998 and Slovak defence industry representatives take part in the majority of the world’s biggest and most important arms fairs. The ﬁrst signiﬁcant and co-ordinated Slovak participation in a foreign arms exhibition was in March 1997 at the Third International Exhibition IDEX in Abu Dhabi. Slovak ﬁrms were also represented at the fourth and ﬁfth exhibitions in 1999 and 2001 respectively. The table opposite details the attendance of Slovak arms companies at the main defence industry exhibitions. 6.6 Conclusions After separating from the Czech Republic in 1993, Slovakia faced the challenges of adopting a national legislation on arms exports and building up the state institutions responsible for implementing arms export controls. The current Slovak administra- tion has taken some important steps towards strengthening policies regulating the arms trade, improving the enforcement of regulations and becoming more active in the ﬁeld of disarmament and non-proliferation. In addition, the government’s drive to join the EU has opened up a new general level of openness and dialogue with EU countries that had been missing under the isolationist stance of Prime Minister Meciar in the mid-90s. These are important developments but much more needs to be done. Slovak legislation has yet to incorporate international standards to which the country has committed itself, in particular, criteria relating to human rights, conﬂict preven- tion and the risk of diversion, and regulatory enforcement needs strengthening. In order to achieve its ambition of full membership of the EU and NATO, the Slovak Republic is required to fulﬁl certain criteria. While not explicitly part of the accession negotiations, one important aspect of these criteria is progress towards establishing arms export controls in line with EU standards. Although Slovakia has agreed to abide by the 1998 EU Code of Conduct on Arms Exports, no practical steps have so far been taken to implement its provisions. For a number of years, one of Slovakia’s main arms recipients has been Angola, a country involved in regional conﬂict and with a very poor human rights record. Legal loopholes, in particular a provision that allows weapons to transit through the Slovak territory for up to seven days without a govern- ment licence, have been exploited by international brokers to arrange arms transfers to conﬂict regions, in particular countries in Africa. In addition, serious ﬂaws in Slovak end-user controls, both before and after exports have taken place, were highlighted in an October 2001 UN report. The Bratislava government maintains that it has halted all suspicious arms trans- actions and regularly checks the authenticity of the documents provided. However, the UN report has highlighted the inadequacy of such controls and the urgent need for the Slovak authorities to review current practice and verify that the arms exported are in fact delivered to the authorised destinations. Such concerns have also found an echo in 80 In 1997, the Slovak Minister of Defence, J Sitek, stated that “co-ordinated Slovak presentation at international exhibitions signiﬁes support of the government to our manufacturers and traders in military equipment”, Slovenska Republika, 30 April 1997. Arms Fair Africa Defence Aerospace Services Euro- MSPO/ & Defence Defendory Asia Satory Expomil FIDAE Hemus Ideas IDEF IDET IDEX Milipol IDIE Shot Show Czech Company South Africa Greece Malaysia France Romania Chile Bulgaria Pakistan Turkey Republic UAE France Poland USA DMD Holding AS 1998 2000 2000 2001 2001 Hermes as 2001 Kerametal Co Ltd 1997 2001 2001 Konstrukta Defence – Industry as 2001 2001 Metapol as 2001 Povazske Strojarne (PS) 1999 Technopol jsc Bratislava 1999 2001 SAFERWORLD ARMS & SECURITY PROGRAMME Unimpex Ltd 2001 Vustam as 2001 Zavody Tazkeho Strojarstva 1999 ZTS – Dubnica nad Vahom plus, as 2001 ZTS Tees Martin sp 2001 ZVS Sp (Dubnica) Zavody vseobecneho strojarstva as 1999 Note: This table only provides an illustration of the companies that have attended a selection of MSP exhibitions (Military, Security, Police) between 1990 and 2001. It does not provide a totally comprehensive list of companies or exhibitions. Many companies will have attended other exhibitions and may have attended the selected exhibitions in different years. Table provided by the Omega Foundation. 13 14 ARMS PRODUCTION , EXPORTS AND DECISION - MAKING IN CENTRAL AND EASTERN EUROPE recent statements by the Director of the Slovak National Security Ofﬁce who high- lighted the need for radical changes. Some moves towards strengthening controls have been made. Law enforcement and legislative measures to address the problem have seen some high proﬁle arrests, and hopefully the upcoming introduction of new regulations on arms trade licensing will also prove successful in combating illicit and ‘grey’ trafﬁcking. There is wide scope to increase transparency on the production, storage and transfer of Slovak arms. With the exception of the data provided to the UN Register on Conventional Arms and limited statistics made available in the form of press state- ments by the Ministry of Economy, additional information on arms exports remain secret. There are no reporting mechanisms that provide parliament and the public with information on the authorisation of arms exports and their consignments. Under current laws, commercial arms trade information is treated as state secret. Of particular concern is the adoption in May 2001 of a new law on ‘Protection of Secret Matters’,81 which states that “data on import and export of military equipment or other strategic materials, technologies and installations” is secret. 81 Act No. 919/2001. SAFERWORLD ARMS & SECURITY PROGRAMME 15 6.7 Appendices 6.7.1 Appendix 1 Act NO 179 of May 15, 1998 unofﬁcial translation82 On Trading With Military Equipment and On Supplement to the Act No. 455/1991 of the Coll. – On Small Businesses (The Small Businesses Act) as amended later by relevant regulations The National Council of the Slovak Republic has adopted the following act: ARTICLE I Title One: BASIC PROVISIONS Paragraph 1 Subject of the act The act stipulates conditions of trading with military equipment and operation of state administration authorities in this ﬁeld. Para 2 Ban on Trade with Weapons of Mass Destruction It is banned to trade with weapons of mass destruction, such as nuclear, chemical and biological weapons. Para 3 Basic Terms (1) For the purposes of this act the terms have the following meaning: a) trading with military equipment is the sale of military equipment or purchase of military equipment for purposes of its resale to the user implemented by authorised entities; b) the authorised entity is the legal entity that 1. has a registered ofﬁce on the territory of the Slovak Republic, has a permit to trade with military equipment and also a valid licence with respect to every single importation or every single exportation; 2. is the producer of military equipment and has a permit to trade with military equipment (§ 10); and has a licence granted (§ 16) in case of exportation of military equipment from the territory of the Slovak Republic or importation of military equipment to the territory of the Slovak Republic for one’s own needs; c) the Licensing Commission is a specialised and advisory body expressing itself on granting of a licence, on dismissal of a licence, on cancelling and withdrawal of a licence. The statute and composition of members of the advisory body are approved by the Government1 of the Slovak Republic based on a proposal of the Minister of Economy of the Slovak Republic. (2) Even the written manifestation of the will of authorised entities leading to execution of contracts2 that stipulate the given relations pursuant to paragraph 1, (3) subparagraph a) is for the purposes of this act considered as trading with military equipment. Para 4 Military Equipment (1) The military equipment are in particular a. products, their parts, accessories and spare parts that taking into consideration their character- istic technical and design features are speciﬁcally assigned for use in armed forces, in armed security forces and in other armed forces and that are used en masse for securing of tasks of defence and security of the state; b. machinery, equipment and capital investment units produced, modiﬁed, equipped or designed speciﬁcally for military purposes, in particular for development, production, control and test- ing of other products, their parts and spare parts stated under subparagraph a), c. services provided in connection with the military equipment stated in subparagraphs a) and b), in particular implementation of repairs, modiﬁcations, storage and transportation of the equipment, as well as providing of information, sending of experts for the purposes of research, development, design, production, modiﬁcations, repair, use and control of military equipment, with the exception of those that are subject to a special regime3. (2) The military equipment stated in paragraph 1 falls into the following categories: a. small calibre and large calibre weapons; b. ammunition; c. bombs, torpedoes, missiles and mines, rockets, as well as their parts and components; d. military explosives and fuel; e. tanks, armed and other technical vehicles assigned for the use in armed forces, in armed security forces and in other armed forces; 82 www.projects.sipri.se/expcon/natexpcon/Slovakia/slk179.htm. 16 ARMS PRODUCTION , EXPORTS AND DECISION - MAKING IN CENTRAL AND EASTERN EUROPE f. aircraft and helicopters, unmanned aircraft (vehicles), aircraft engines and equipment of aircraft and helicopters and ground facilities connected with them; g. military ships of all kinds and special navy equipment; h. electronic equipment being a part of weapons; i. photographic, electro-optical, infrared and thermal image instruments and equipment; j. software equipment, specially developed or modiﬁed for development, production or use of equipment or equipment for the needs of defence and security of the state; k. special equipment for military training or simulation of combat situations; l. supplementary military equipment; m. capital investment units, technological equipment and machinery designed for production of military equipment stated under the previous subparagraphs, n. services provided in connection with military equipment. (3) The list of military equipment pursuant to paragraph 1 and more detailed categorisation pursuant to paragraph 2 shall be stipulated in a generally binding legal regulation issued by the Ministry of Economy of the Slovak Republic (hereinafter only “Ministry of Economy”), after reaching an agreement with the Ministry of Defence of the Slovak Republic (hereinafter only “Ministry of Defence”), Ministry of Interior of the Slovak Republic (hereinafter only “Ministry of Interior”), and Ministry of Foreign Affairs of the Slovak Republic (hereinafter only “Ministry of Foreign Affairs”). Title Two: GRANTING OF PERMISSION TO TRADE WITH MILITARY EQUIPMENT Para 5 Trading with Military Equipment (1) An authorised entity can trade with military equipment on the basis of a permit for trading with military equipment (hereinafter only “permit”) under conditions stipulated in § 6. (2) The Ministry of Economy shall decide on issuing of a permit to an authorised entity after obtaining the opinion of the Ministry of Foreign Affairs from the point of view of the foreign policy interests of the Slovak Republic, of the Ministry of Defence and the Ministry of Interior from the point of view of security interests of the Slovak Republic. (3) Central bodies of state administration stated in paragraph 2 shall express themselves on the application in writing in the period of 30 days from the date of delivery of the duplicate of the application, and in case the central bodies of state administration stated under paragraph 2 do not express themselves on that, it is understood they agree to issue the permit. Para 6 Conditions of Issue of a Permit The Ministry of Economy can issue a permit for trading with military equipment, in case a. the equity capital of the applicant for the permit consists of more than 51 percent of contributions received from domestic entities, b. the statutory body or a member of the statutory body, the proxy and the responsible representative of the applicant asking for the permit is at least 25 years old, is a citizen of the Slovak Republic and has place of permanent residence on the territory of the Slovak Republic, has capacity of legal acts and is a reliable person of integrity, c. conditions stipulated under subparagraph b) must be fulﬁlled also with respect to the founder, the promoter, or, as the case may be, the founding member of the legal entity, d. the applicant is obliged to prove to the Ministry of Economy the fulﬁlment of conditions stated under subparagraphs a) and b) when submitting the application. In case any changes occur with regard to the applicant after the application was submitted, the applicant is obliged to inform the ministry about those changes within 30 days from their implementation. Para 7 Responsible Representative (1) For the purposes of this act under the responsible representative is understood to be the natural person appointed by the authorised entity, who is responsible for due performance of entrepreneurial activities pursuant to this Act and regulations based on it. (2) The responsible representative must fulﬁl conditions stated in § 6, subparagraph b) and must have an academic education in the given ﬁeld of enterprise. (3) The responsible representative can carry out the function of the responsible representative only for one authorised entity. (4) The responsible representative must be in a labour law type of a relationship with the authorised entity and cannot be a member of the Supervisory Board of the authorised entity. (5) In case the responsible representative ceases to fulﬁl his/her function, the authorised entity/ individual to whom the permit was granted, has to appoint within 15 days at the latest a new responsible representative, and ask the Ministry of Economy to change the permit accordingly. In case this obligation is not fulﬁlled, the Ministry of Economy shall invalidate the permit. Para 8 Reliable Person of Integrity The reliable person of integrity is the one who has not been a. lawfully sentenced for a deliberate and premeditated criminal offence, b. lawfully sentenced for a criminal offence committed by negligence the body of which is connected with the activities that are subject of licensing procedure. SAFERWORLD ARMS & SECURITY PROGRAMME 17 Para. 9 Application for Issuing of the permit (1) The application for issuing of the permit contains a. commercial name and registered ofﬁce of the applicant for the permit, b. name, surname, place of permanent residence and birth number of the statutory body or of its member stating the manner in which he acts in the name of the applicant for the permit, c. identiﬁcation number and tax identiﬁcation number of the applicant for the permit, d. scope of entrepreneurial activities of the applicant asking for the permit, e. speciﬁcation of the military equipment, pursuant to § 4, par. 2, which is to be subject of trade, f. proposed duration of validity of the permit. (2) The application for the permit must be accompanied with a. Deed or Instrument of Foundation or Establishment of the legal entity, with certiﬁed signatures of founders or promoters, with regard to those entities that are incorporated in the Commercial Register by the extract from the Commercial Register that is not older than three months, b. document proving fulﬁlment of conditions stated in § 6, subparagraphs b) and c), c. an extract, not older than three months, from the criminal record register of the statutory body, the proxy and the responsible representative , d. document on academic (higher) education of the responsible representative, pursuant to § 7, par. 2 of this Act, e. documents concerning ﬁnancial arrangement of the trade with military equipment (§ 6), the closing of books (annual closing ﬁnancial statements) not older than two months certiﬁed by an auditor, f. declaration of the applicant that the applicant is neither in bankruptcy4 nor in settlement proceedings, g. declaration that the applicant shall enable implementation of inspection on locations and in facilities in which the military equipment is located, within the extent stipulated by this act and international treaties by which the Slovak Republic is bound.5 (3) The application for the permit pursuant to paragraphs 1 and 2 is submitted to the Ministry of Economy in four duplicates. The application specimen shall be provided by the Ministry of Economy. Para 10 Permit (1) The Ministry of Economy can issue the permit in case the opinions of central bodies (§ 5, par. 2) are afﬁrmative and in case the application is in harmony with requirements stated in § 9 within 60 days from the application delivery date. (2) There shall be stated in the decision on the permit : a. commercial name, registered ofﬁce, identiﬁcation number and tax identiﬁcation number of the applicant for the permit, b. subject of enterprise , c. speciﬁcation of the military equipment, pursuant to § 4, par. 2, d. name and address of the responsible representative, e. period of validity of the permit not longer than ﬁve years, f. other terms and conditions necessary for trading with military equipment. (3) The legal entities to which the permit was issued can trade with military equipment since the date of incorporation of the subject of activities into the Commercial Register: in case of enterprise with military equipment by a budgetary organisation6 at the earliest on the date when the decision becomes valid. Para 11 Dismissal of Application for Issuing of the Permit The Ministry of Economy shall dismiss application for issuing of the permit in case a. the conditions for issuing of the permit stated in § 5, 6 and 9 of this act are not fulﬁlled, b. one year has not expired since issuing of the decision on not granting the permit or since the permit for trading with military equipment expired, c. three years have not expired from conclusion of bankruptcy4, after conﬁrmation of settlement and the compulsory settlement or decision of the court of law, concerning dismissal of the motion to declare bankruptcy for insufﬁcient assets. Para 12 Permit Expiration and Cancellation (1) The permit shall expire a. by cessation of the legal entity to which the permit was issued, b. by notice of the authorised entity announcing the termination of performance of authorised activities, c. by expiration of the period of permit’s validity. (2) The Ministry of Economy shall cancel the permit in case a. it was issued based on false or incomplete data, b. the authorised entity has ceased to fulﬁl preconditions for granting the permit, c. in case foreign policy and security interests of the Slovak Republic require so, d. by a decree of bankruptcy, permission to settlement or compulsory settlement or decision of 18 ARMS PRODUCTION , EXPORTS AND DECISION - MAKING IN CENTRAL AND EASTERN EUROPE the court of law, concerning dismissal of the motion to declare bankruptcy due to insufﬁcient assets. Para 13 Returning of the Permit In case a legal entity that performs entrepreneurial activities based on a permit ceases to exist, it is obliged to return the permit to the Ministry of Economy within 30 days from the date of its cessation. Title Three: CONDITIONS OF GRANTING A LICENCE AND ITS USE Para 14 Licences (1) The legal entity to whom the permit was issued pursuant to § 10 can import military equipment (§ 4, paragraphs 1 and 2) for the needs of defence and security of the Slovak Republic and for the needs of the local producer, in order to secure ﬁnal production of the military equipment, it can export the military equipment set aside from the armed forces records, armed security corps and from the domestic producer of the military equipment or trade with it abroad only based on, within the extent and under preconditions determined in this act and the licence granted pursuant to this act. (2) The legal entity stated in paragraph 1 is obliged to apply for a licence for each importation, for each exportation and for each other type of disposal with the military equipment abroad, for each speciﬁc category and the speciﬁc amount of the military equipment. Para 15 Application for Licence (1) The application for granting a licence (hereinafter only “application for licence”) must be submitted to the Ministry of Economy by the applicant that was has a permit for trading with military equipment (hereinafter only “applicant for the licence”). (2) The applicant submits the application for the licence based on contract with foreign partner concerning trade with the speciﬁc category and amount of the military equipment. (3) The applicant for the licence as a participant of the international public tender concerning importation, exportation and other trading with military equipment abroad, fulﬁlling conditions of § 6 and 14, can submit the application for the licence after being asked to submit the offer within the public tender. (4) The application for the licence contains: a. commercial name and registered ofﬁce of the applicant, b. identiﬁcation number of the applicant, c. commercial name and registered ofﬁce or the name and the place of enterprising of the foreign contractual partner, d. number of the permit for implementation of trade with military equipment, e. number, or, as the case may be, item or sub-item of the combined nomenclature of the Customs Tariffs,7 f. the name of the military equipment, pursuant to the list of the military equipment and its amount, g. proposed period of validity of the licence, h. name of the state from which the military equipment is to be imported or from which it is to be exported or in which disposal with the military equipment is implemented even without a transit through the territory of the Slovak Republic, i. purpose of importation or exportation, or, as the case may be, other disposal with the military equipment, j. price8 for a unit of the amount of imported or exported military equipment and the total agreed price in Slovak crowns, k. name and registered ofﬁce of the ﬁnal user and the name, surname and address of its statutory body, l. the manner of transportation and delineation of transport routes on which the military equipment should be imported or exported, m. declaration of the applicant certiﬁed by a body of the respective state that the military equip- ment will not be used contrary to internationally recognised, as well as by the Slovak Republic agreed obligations serving for protection of peace: non-fulﬁlment of the stated obligation can be penalised pursuant to § 25, par. 2, subparagraph b) of this act, n. approval of producer or owner of the military equipment. (5) The following must be attached to the application licence: a. documents stated in paragraphs 2 and 3, b. with regard to exportation of the military equipment a document concerning the ﬁnal user of the military equipment conﬁrmed by the respective central authority of the state of the ﬁnal user, the validity of which cannot exceed six months from the date of issue of the document and that contains 1. name of the central authority of the country of the customer, 2. commercial name of the Slovak exporter which is charged by the central authority of the consumer with supplies of the military equipment, 3. commercial name of the importer into the country of the customer that supplies the military equipment to the customer SAFERWORLD ARMS & SECURITY PROGRAMME 19 4. exact speciﬁcation of the military equipment, 5. anti-re-export clause, 6. name and surname of the representative of the central authority of the country of the customer in legible writing, and imprint of the seal of the central authority of the country of the customer. c. in case of re-export of the military equipment the application for the import licence together with the application for export licence, d. other documents enabling the detailed examination of the given case, if the Ministry of Economy asks for it, e. declaration of the applicant for licence that the applicant shall enable performing of inspections in places and facilities in which the military equipment is located, within the extent stipulated by this act and international treaties by which the Slovak Republic is bound, f. afﬁrmative opinion of the Ministry of Defence or the Ministry of Interior in case of exportation of the military equipment that is discarded from their records and the afﬁrmative opinion of the Ministry of Defence or the Ministry of Interior in case of imports of the military equipment for the needs of defence and security, g. valid contract executed by and between the applicant and the local producer, in case the applicant as such is not the producer. (6) The licence application specimen shall be provided by the Ministry of Economy. Para 16 Granting of Licence (1) The Ministry of Economy shall decide on grating of the licence after the prior afﬁrmative opinion of the Licensing Commission (§ 3, par. 1, subparagraph c)) within 30 days from the delivery of the application for licence. (2) In special cases, when it is necessary to verify facts stated in the application concerning granting of the licence through the representative ofﬁces (embassies) of the Slovak Republic abroad, the period for the decision about the application can be prolonged accordingly, but at most until 60 days from ﬁling the application. (3) Decision concerning granting of the licence contains a. commercial name, registered ofﬁce, identiﬁcation number of the applicant, b. number of permit for trading with the military equipment, c. numerical designation of the item or sub-item of the combined nomenclature of the Customs Tariffs,5) d. name and speciﬁcation of the military equipment, its quantity and unit price, together with the total agreed price of the military equipment in Slovak crowns, e. country of origin, country where trade is implemented, commercial name and registered ofﬁce or the name and place of enterprise of the foreign partner and the ﬁnal consumer of the military equipment, f. period of validity of the licence, g. other terms and conditions for trading with the military equipment, as requested by the Ministry of Economy. (4) There shall be allocated place for records of the customs authorities9 concerning extent of use of the granted single licence in speciﬁc units. Para 17 Obligations of the Applicant for Granting of Licence (1) The applicant to whom the licence was granted informs the Ministry of Economy in writing about the use of the licence, always until the 25th day following after the end of a calendar quarter year. (2) The applicant who was granted the licence is obliged to submit the original of the licence to the respective customs authority, otherwise the military equipment shall not be released for exportation or importation. (3) The applicant shall return the original of the decision concerning granting of the licence within 30 days after a. fulﬁlment of the purpose for which it was issued, b. termination of its validity. Para 18 Statement Concerning Final User The Ministry of Economy shall issue the statement concerning the ﬁnal user of the military equipment imported to the territory of the Slovak Republic for needs of foreign entities. Para 19 Dismissal of Application Concerning Licence The Ministry of Economy shall decide on dismissal of licence application in case a. the applicant has not fulﬁlled conditions pursuant to § 15, b. it is justiﬁed by foreign policy and security interests of the Slovak Republic, c. three years have not expired since the issue of the decision on not granting the licence or since the licence for trading with military equipment expired, and circumstances that have led to dismissal of the application have not changed, d. the Licensing Commission (§ 3, par. 1, subparagraph c) gave a negative statement. 20 ARMS PRODUCTION , EXPORTS AND DECISION - MAKING IN CENTRAL AND EASTERN EUROPE Para 20 Licence Cancellation and Withdrawal (1) The Ministry of Economy shall decide on cancellation and withdrawal of the granted licence after afﬁrmative standpoint of the Licensing Commission, in case the trade with the military equipment has not been implemented yet or has not yet been completed and a. the licence was granted based on false or incomplete data, b. it is justiﬁed by foreign policy and security interests of the Slovak Republic, c. conditions stated in the granted licence have not been observed, d. the permit for trading with the military equipment expired, e. the authorised entity violated, when trading with military equipment abroad, or in this connec- tion, legal regulations of the Slovak Republic or international treaties and other international documents by which the Slovak Republic is bound in this ﬁeld. (2) In cases stated in par. 1, subparagraphs a), c), d) and e) the state is not responsible to the authorised entity to which the licence was granted for contingent damage caused to the latter by licence cancellation and withdrawal. Para 21 Important Military Equipment (1) In case of the military equipment important from point of view of its combat use or its quantity (hereinafter only “important military equipment”) the applicant can ask for the preliminary approval to negotiate with the foreign partner before submitting the application for licence. (2) It is necessary to state in the application for preliminary approval the facts stated in § 15, par. 4. (3) The preliminary approval does not have the character of a decision pursuant to a special regulation10. The preliminary approval determines conditions for negotiations with a foreign partner before being granted a licence and it does not substitute for a licence. (4) The list of signiﬁcant military equipment, pursuant to paragraph 1 shall be stipulated by a generally binding legal regulation that shall be issued by the Ministry of Economy, after reaching an agree- ment with the Ministry of Defence, the Ministry of Interior and the Ministry of Foreign Affairs by a generally binding regulation. Para 22 Exceptions from Granting of Licences Licences are not required for: a. exportation of the military equipment and disposal with the military equipment in connection with operations of the armed forces of the Slovak Republic and of the Police Corps outside the territory of the Slovak Republic, pursuant to international treaties and agreements the Slovak Republic is bound with. b. importation of the military equipment and disposal with the military equipment in connection with operations of the armed forces and armed corps of other countries, the UN and other inter- national organisations on the territory of the Slovak Republic, pursuant to international treaties and agreements the Slovak Republic is bound with. c. transit of the military equipment through the territory of the Slovak Republic transported in the regime of transit of the Slovak Republic, in case the transit is implemented in the period of up to seven days, d. exportation or importation of the military equipment, in case this is the military equipment which is proposed for the regime of active improvement trafﬁc11 under conditional system or the passive improvement trafﬁc,12 e. importation and re-exportation of the military equipment, in case this is the military equipment proposed into the regime of temporary use and the recipient of this military equipment is the Ministry of Defence or the Ministry of Interior. Title Four: SUPERVISION Para 23 Inspection of Trading with Military Equipment (1) Supervision over observation of this act by authorised entities is implemented by the Ministry of Economy; the Ministry of Economy is entitled to carry out inspection of both legal entities as well as natural persons about which there is justiﬁed the presumption that they trade with the military equipment (hereinafter only “inspected entity”). (2) The Ministry of Economy performs the supervision, pursuant to paragraph 1, through its appoint- ed employees, as well as invited natural persons. When implementing the inspection the author- ised employees of the Ministry of Economy proceed in accordance with a special regulation.13 (3) International inspectors that carry out inspection pursuant to paragraph 1, based on international treaties by which the Slovak Republic is bound, can implement such an inspection only when being accompanied by an appointed employee of the Ministry of Economy. (4) The inspected entities are obliged, with regard to appointed employees of the Ministry of Economy, the invited natural persons and international inspectors when implementing their inspection pursuant to paragraph 1 a. to submit all documents and written materials related to the subject of the inspection, b. to enable inspection of facilities in which the military equipment is either located or it is justiﬁably assumed that it is located there. (5) The inspected entity has the right to become acquainted with the content of the protocol,14 to SAFERWORLD ARMS & SECURITY PROGRAMME 21 receive a duplicate of the protocol describing results of the inspection and to express oneself to its content in the given period of time. (6) Inspections implemented pursuant to special regulations15 are without prejudice to provisions of the previous paragraphs. Para 24 Co-operation of the Third Parties (1) To safeguard supervision over observation of this act, the Ministry of Economy is entitled to request from other state bodies or from legal entities that maintain records concerning property of the authorised entities trading with military equipment or records concerning authorised entities requesting the permit to trade with military equipment, the data necessary for execution of the supervision. (2) Central bodies of state administration are obliged, on request, to inform the Ministry of Economy on results of inspections carried out by them concerning trading with military equipment. Para 25 Inﬂiction of Fines (1) The Ministry of Economy shall inﬂict a ﬁne from SK10,000 to SK100,000 to the one that violates provisions of the law by refusing to enable execution of inspection control without serious reasons. (2) The Ministry of Economy shall inﬂict a ﬁne from SK100,000 to SK5,000,000 to anyone that a. conceals circumstances important for the decision with a view to acquiring an unjustiﬁed permit or licence, b. attaches a false document to the application for an issued permit and a granted licence (§ 15), c. trades with military equipment without an issued permit (§ 10) and a granted licence (§ 16) or contrary to them. (3) The Ministry of Economy shall lay on a ﬁne from SK1,000,000 to SK10,000,000 to the one that a. inﬂicts upon the Slovak Republic due to acting stated in paragraph 1 material damage of considerable extent, b. damages an important foreign policy and security interest of the state. (4) The amount of the ﬁne laid on pursuant to paragraphs 1, 2 and 3 shall be determined by the Ministry of Economy taking into consideration a. extent, signiﬁcance and time of endangerment of foreign policy and security interests of the state, b. the material amount of the damage caused by unlawful acts. (5) The ﬁne can be laid on within one year from the date when the Ministry of Economy received information on violation of the law, but at the latest within three years since the date when the violation occurred. (6) The ﬁne is payable within 30 days from the date when the decision by which it was laid on becomes valid, and it represents a income of the state budget. Title Five: COMMON AND TEMPORARY PROVISIONS Para 26 The employee of the state authority that immediately participated in execution of this act and is obliged to observe secrecy cannot be an employee or a member of the executive and supervisory bodies of other legal entities authorised to trade with military equipment during the period of one year since terminating the labour law relationship with the state authority. Para 27 Temporary Provisions (1) The legal entity and natural person that, as of the date when this act becomes effective, is the holder of the Small Businesses Licence16 and licences for trading with military equipment can continue to pursue the trade (execution of trading contracts) during three months since the date when this act becomes effective. The authorised person is obliged to submit within a month an application for a permit to trade with military equipment in accordance with this act. (2) The Small Businesses Licences and ofﬁcial permits for trading with military equipment issued pursuant to special regulations before the deadline stated in paragraph 1 expire herewith. (3) The armed forces, the armed security corps and other armed corps shall proceed pursuant to this act when trading with military equipment. ARTICLE II The Act No 455/1991 of the Coll – On Small Businesses (Small Businesses Act) as worded by the Act No. 231/1992 of the Coll, the Act No 600/1992 of the Coll, the Act of the National Council of the Slovak Republic No 132/1994 of the Coll, the Act of the National Council of the Slovak Republic No 200/1995 of the Coll, the Act of the National Council of the Slovak Republic No 216/1995 of the Coll, the Act of the National Council of the Slovak Republic No 233/1995 of the Coll, the Act of the National Council of the Slovak Republic No 123/1996 of the Coll, the Act of the National Council of the Slovak Republic No 164/1996 of the Coll, the Act of the National Council of the Slovak Republic No 222/1996 of the Coll, the Act of the National Council of the Slovak Republic No 289/1996 of the Coll, the Act of the National Council of the Slovak Republic No 290/1996 of the Coll, the Act No 288/1997 of the Coll, the Act No 379/1997 of the Coll, the Act No 70/1998 of the Coll, the Act 22 ARMS PRODUCTION , EXPORTS AND DECISION - MAKING IN CENTRAL AND EASTERN EUROPE No 76/1998 of the Coll, the Act No 126/1998 of the Coll, the Act No 129/1998 of the Coll, the Act No 143/1998 of the Coll and the Act No 144/1998 of the Coll is supplemented as follows: (1) 1. In § 3, paragraph 2 is supplemented with subparagraph y) that is worded as follows: “trading with the military equipment”. ARTICLE III This act becomes effective as of July 1 1998. Notes 1 § 34, subparagraphs a) of the Act of the Slovak National Council No 347/1990 of the Coll – On Organisation of Ministries and Other Central Authorities of State Administration of the Slovak Republic – as later amended by respective regulations. 2 § 289 of the Commercial Code. 3 Act No 547/1990 of the Coll – On Disposal of Some Types of Goods and Technologies and Their Control (Inspection). 4 Act No 328/1991 of the Coll – On Bankruptcy and Settlement – as later amended by respective regulations. 5 For example, Convention on Prohibition of Development, Production, Accumulation and Use of Chemical Weapons and on Their Destruction (Notiﬁcation No 276/1997 of the Coll) 6 § 36, par. 1 of the Act of the Slovak National Council No 303/1995 of the Coll – On Budgetary Rules – as later amended by respective regulations. 7 The Decree of the Government of the Slovak Republic No 390/1997 of the Coll by which the Customs Tariffs are promulgated. 8 The Act of the National Council of the Slovak Republic No 18/1996 of the Coll – On Prices. 9 Act of the National Council of the Slovak Republic No 180/1996 of the Coll – Customs Act – as later amended by respective regulations. 10 Act No 71/1967 of the Coll – On Administrative Procedures (Rules of Administrative Procedure) 11 § 122 of the Act of the National Council of the Slovak Republic No 180/1996 of the Coll – Customs Act – as later amended by respective regulations. 12 § 157 of the Act of the National Council of the Slovak Republic No 180/1996 of the Coll – Customs Act – as later amended by respective regulations. 13 Act of the National Council of the Slovak Republic No 10/1996 of the Coll – On Inspection (Control) in State Administration. 14 § 13 of the Act of the National Council of the Slovak Republic No 10/1996 of the Coll 15 For example the Act of the National Council of the Slovak Republic No 180/1996 of the Coll, as later amended by respective regulations. 16 Annex 3 of the Act No 455/1991 of the Coll – Act on Small Businesses (Small Businesses Act) – as later amended by respective regulations. SAFERWORLD ARMS & SECURITY PROGRAMME 23 6.7.2 Appendix 2 Statement by Mr Jan Figel83 State Secretary of the Ministry of Foreign Affairs of the Slovak Republic and the Head of Delegation of the Slovak Republic at the United Nations Conference on Illicit Trade in Small Arms and Light Weapons in All Its Aspects New York, July 10, 2001 Mr President, At the outset, I would like to congratulate you on your election as president of the conference. I am conﬁdent that your vast experience and diplomatic skills will guarantee its successful results. I wish you every success in this crucial and demanding undertaking in which, I would like to assure you, my delegation will assist and support you. Also, let me express on behalf of my delegation our appreciation and gratitude to Mr Carlos Dos Santos, Chairman of the Preparatory Committee, for his fruitful efforts during the preparatory process preceding the conference. Slovakia has associated itself with statement of the EU which we fully support. Nevertheless, I would like to make a few comments on the national level. Mr President, The problem of illicit trade in SALW with its multiple aspects represents a substantial challenge for the international community. Its negative effects pose a serious threat to maintaining lasting peace, international security and achieving sustainable economic and social development. This is why it has been in the centre of the international community’s attention for many years now. Without any doubt, this complex challenge requires comprehensive solutions. For these reasons it is essential to develop and strengthen relevant mechanisms at various levels, ensuring their complementarity in the context of global efforts, that should serve as a basis for dealing with this problem of truly worldwide dimensions. In this light we see the signiﬁcance of this conference which constitutes a speciﬁc step towards coordinating efforts at global level. My delegation expects the participating countries to make a true investment into its discussions and results. Not only by the number of national proposals, but also by showing the necessary ﬂexibility and responsibility with a view to the best possible fulﬁlment of its ambitious mandate. We believe that the existing political momentum offers good prospects for reaching a consensual outcome, that can withstand the test of time. On the other hand, it should be a guarantee for obtaining result of concrete and practical nature which are necessary in view of ensuring a meaningful follow-up to the conference. The title of this conference describes its objective which is to deal with the illicit trade in SALW in “all its aspects”. To reach this objective, the conference must have an adequately broad and comprehensive scope addressing both the supply and the demand sides, also in “all their aspects”. Here we put emphasis on such fundamental issues as export control and criteria, marking, broker- ing, surplus destruction as well as management of stockpiles. Slovakia, as a country which takes an active part in peace-keeping operations, also attaches great importance to reducing the risks that this category of arms poses to peace-keeping efforts. We take a positive view of the creation and development of regional initiatives aimed at dealing with the problem of illicit transfers of small arms. We do not deem it redundant to repeat that these initiatives are seen as adequate building blocks for taking action at global level. As to their forms, they clearly reﬂect the needs of each home region for which they were designed. Although we subscribe to the opinion that no regional model may claim universal applicability, we believe that they have many elements in common, which can be successfully used as a source in the quest for answers and solutions at this conference. Representing a country of the Central European region we, naturally, bring attention to the OSCE Document on Small Arms and Light Weapons whose useful and mature language could be used in the discussion and incorporated into the ﬁnal document from the conference. As far as the format of the outcome from the conference is concerned, my delegation adds its voice to those who have expressed their preference for only one major document – a programme of action incorporating clear political commitments by participating states to the conference. The results of the conference should be of practical nature delivering concrete recommendations at national, regional and global levels. Obviously, the recommendations must be in accord with basic principles of the UN Charter. Mr President, In order to prevent the illegal circulation of small arms and their subsequent proliferation it is 83 www.un.org/Depts/dda/CAB/smallarms/statements/slovakiaE.html. 24 ARMS PRODUCTION , EXPORTS AND DECISION - MAKING IN CENTRAL AND EASTERN EUROPE important, from our point of view, that individual states adopt a responsible export and licensing policy. Slovakia implements strict export control with regard to the transfers of weapons and military material. Our policy in this area respects existing Security Council resolutions as well as relevant OSCE and EU documents. In this line, let me particularly mention the EU Code of Conduct on Arms Exports with which we are associated. Mr President, The follow-up process after the conference deserves adequate attention. We are ready to consider and support constructive and realistic proposals. In our opinion, we should try to avoid overloaded constructions that would result in the duplication of activities carried out by other governmental fora or the creation of a number of new bodies with possible unnecessary budgetary implications. The after-conference scenario could foresee the holding of a review conference, and of regular meetings in the interim period aimed at measuring the progress in the implementation of the conference conclusions. We are pleased to note that a decision has been reached on the modalities of the participation of non-governmental organisations in the conference and in its preparatory process. It is our ﬁrm belief that the same should also happen as regards the follow-up process. We believe that we should enlist the broadest possible involvement of the civil society, which we consider to be an important partner in our efforts aimed at dealing with the problem and at raising public awareness in this area. In conclusion, I want to express my delegation’s conﬁdence in the continuation of the spirit of constructive negotiations that had been present throughout the preparatory process of the confer- ence, as well as to highly appreciate the work of the Group of Governmental Experts created under General Assembly Resolution 54/54 V. We consider the report prepared by the group to be a valuable input for the discussions at the conference and hope that its conclusions and expertise will be put to an effective use. I cannot omit mentioning the recent successful conclusion of the Vienna negotiations on the Firearms Protocol to the Convention on Transnational Organised Crime. We are conﬁdent that a positive reference to this important document deserves its ﬁrm place in the ﬁnal outcome from the conference. Thank you for your attention. SAFERWORLD ARMS & SECURITY PROGRAMME 25 6.7.3 Appendix 3 Slovak arms exports in 2000 and 200184 First half of 2001 First half of 2000 Export Sk2,277.95 M Sk2,248 M $47.79 M $47.16 M Number of exporters 53 69 Number of countries 48 45 Import Sk514.89 M Sk690 M $10.80 M $14.48 M Number of importers 92 117 Number of countries 30 33 Domestic production volume Sk900.14 M Sk1,477 M $18.88 M $30.99 M Including: export 73.7% 53% Source: Slovak Economy Ministry Saferworld's research project on arms and security in EU Associate Countries This chapter is part of a wider Saferworld report, entitled Arms production, exports and decision making in Central and Eastern Europe concerned with seven EU associate countries, namely: Bulgaria, the Czech Republic, Hungary, Poland, Romania, Slovakia and Slovenia. The report analyses the role of each country in the regional and international arms trade, including destinations, transit routes and end-users of concern; it also examines the progress achieved in strengthening legal controls and their actual implementation. The complete report can be purchased for GBP 20 including postage and packaging. For further information please contact: firstname.lastname@example.org or www.saferworld.org.uk 84 ‘Slovakia’s arms exports increased’ [in Slovak], SME, 2 October 2001, p 3, source: David Isenberg’s Weapons Trade Observer.
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