SCOMET- EXPORT CONTROL AND WHY IS IMPERATIVE FOR INDIA

– Joshua Ebenezer.

Need for a robust strategic control system

A major threat to civil society is the spread of artilleries weapons of destruction (“WMDs”) and their means of delivery. The widespread dissemination of WMDs raises the possibility that Governments may use them (as seen by the Iran/Iraq conflict) and that terrorist organisations and non-state actors will acquire them and use them in acts intended to cause extensive death and destruction.

According to reports, 19 countries now produce cruise missiles, and roughly 75 countries currently own them³¹. The launch industry is seeing an increase in the number of nations and commercial organisations, which is also changing the security picture in space.

The fact that more and more states are building proliferation capability presents a further obstacle. International anxiety over North Korea’s nuclear and missile programmes has been significant. With regard to chemical non-proliferation, the risk of using chemical weapons against civilians was demonstrated during the Syrian conflict.

Given the ease of access to information and the complexity involved in producing biological weapons, there is a real concern that proliferators will create new strains of harmful viruses. While supporting the creation of novel medical treatments, recent synthetic biology research also raises the possibility of the emergence of brand-new infections. The ability of the authorities to comprehend and recognise potential dangers is now more difficult.

As the “Fourth Dimension” of warfare, cybersecurity has become a crucial security factor. Particularly, there are chances that these products contain built-in capabilities for dual use and could be abused against vital aspects of infra or stealing IP like trade secrets, in businesses.

More importantly, since more and more elements are incrementally increasing in trafficking through unlawful procurement plans and employing sophisticated-advanced methods to escape controls, the risks of WMD proliferation are no longer restricted to states (e.g., using a procurement network of a host of syndicates and methods to hide the end-use, by moving restrictive goods as well as sensitive goods via transhipment hubs or local institutions.

Transformations in global economic activity

Increasing international trade and the connected data network boost countries’ ability to obtain dual use technologies, in an illegitimate and legitimate way impacting along integrated value chains, proliferation hazards spread across national boundaries and legal systems as proliferators exploit their complexity and susceptibility.

Due to global supply chains, there is also an increase in the quantum of dual-use items are being transhipped through other countries, (3^rd parties) raising the possibility that these goods will be diverted to problematic nations. Additionally, online trade platforms are changing the structure of supply chains as exports are more frequently “transmitted, not moved.” Anyone, anyone can participate in a dual-use export transaction as a middleman or broker thanks to these platforms.

Given this difficult circumstance, a strong strategic control mechanism is essential to preventing the spread of these products for the sake of international security.

India’s efforts in this area aren’t just focused on becoming a trustworthy country with a strong export control system; they’re also intended to help the country acquire access to better technology and materials for its civilian programmes, such fuel for atomic power plants. But a strong Export Control system is a requirement in order to guarantee the free flow of technology. A robust Export Control regime is a sine qua non.

India’s international commitments

Before we go into the legal framework in India, we shall see India’s International commitments in this regard.

1. A) Formal Membership

●       The International Atomic Energy Agency (“IAEA”): 1971

• IAEA aims to encourage nuclear energy peaceful use while discouraging facilitating any military goals, including the development of nuclear India is an IAEA founding member.

●       Biological Weapons Convention: 1972

• The Biological Weapons Convention, sometimes known as the “BWC,” is an international multilateral treaty that prohibits the production, development and stock-piling of biological (bacteriological) and weapons of toxins as their Since 1974, India participated in the BWC. India is committed to preventing the creation, manufacture, and storage of chemical and biological weapons as a signatory to this pact.

●       Chemical Weapons Convention (“CWC”): 1993

• The CWC is a pact on arms control that forbids the development, acquisition, and application of chemical weapons and their The CWC is being implemented by the Organization for the Prohibition of Chemical Weapons (OPCW), an intergovernmental agency. Since 1996, India has participated in this convention.
• To satisfy the OPCW deadline, India voluntarily destroyed its entire stockpile of chemical weapons on March 16, 2009

●       Missile Technology Control Regime: 1987

 

• The G7 developed nations formed the multilateral export restriction framework known as the MTCR in April 1987. (Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States of America).
• India submitted a formal membership application to the organisation in June 2015, and on June 27, 2016, it was accepted with the active support of France and the United

●       The Hague Code of Conduct (Ballistic Missiles): 2002