State 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.