Export Control on Military and Dual use Goods and Technologies supervises
international transfers of sensible goods. This supervision is based
on the provisions of the Resolution 1540 of the UN `s Security Council,
which specifically defines the obligations of the UN member states on
taking all the necessary measures for the control of such goods, architecting
efficient systems for State Export Control. The other reason is that
the State Export Control on these goods is an indispensable criterion
to be met by Albania for the fulfillment of the Stabilization and Association
Agreement signed by Republic of Albania and European Union for the integration
of Albania within the European family. Also, the Code of Conduct on
arm’s export applied by EU, is approved by the Republic of Albania
from the Council of Ministers Decision (CMD) no. 604 dt. 28.08.2000
‘’ For the approval in principle of the Code of Conduct
of the EU on military goods’’. EU applies a number of norms
for this purpose, departing from Regulation no. 1344/2000, as amended,
and also a number of common positions and actions, which together, build
a combined system of control on the movement of these goods. These international
norms intend to guarantee the security through the non proliferation
of conventional arms, weapons of mass destruction and obviation of their
use by terrorists or other groups for illegal intentions, and also to
facilitate the supervision of embargos posed by UN.
En Export Control System composed by Organisms and Institutions which
can control, verificate and then give or refuse authorizations of such
sensibless goods, is a common practice in the developed countries.
Considering the actual Albanian case, a specific institution, named
as State Export Control Authority (AKSHE) is built for this kind of
control. Its activity includes all the aspects of a control, from the
authorization process, to the operative contrast and correct application
of the law through analysis, verification or the application of sanctions.
The best way to design an efficient system, which simplifies legal commercial
exchange of goods, concentrates the efforts on export control and is
sensible on fighting fraud, is to coordinate the work and the procedures
between the controlling authority and the commercial subjects that operate
in the field. Awareness if the commercial subjects need to require licences
and respective authorizations is extremely useful for the implementing
of the legal procedures. AKSHE will transparently cooperate with the
commercial subjects laying the basis for a positive climate and experience.
The licensing and authorization process for dual use goods is quite
new for the Albanian business community. This activity was free until
today and the issuing of licences or authorizations was not provisioned.
The needs of national security and the international obligations of
Albania made the reorganizing of the procedures inevitable because of
the threat those goods may pose to our national security if they fall
on the wrong hands. The list of this goods is updated every year by
the Council of Ministers and reflects the list approved by the EU.
However, the creation of AKSHE doesn`t intend to avoid the free circulation
of goods. This institution performs via quick and transparent procedures
cooperating, informing and assisting commercial subjects taking part
in this process.
All the control procedures are legally founded on the legislation of
the Republic of Albania and international treaties. They also follow
developed country’s experiences.
In the cases when commercial subject’s activities are responsible
for breaking export laws, according to the law no. 9707, dated 05.04.2007,
AKSHE will apply the sanctions as provisioned by this law.