Belarus Export Controls: Admnistrative Bodies
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ADMINISTRATIVE BODIES
THE SECURITY COUNCIL
The Belarusian export control system, like most aspects of
Belarusian political life, is dominated by strong central control
from the President's office. An Interdepartmental Commission on
Control of Export and Imports within the Belarusian Security
Council was established in December 1994. This commission assumed
the export control functions previously handled by the Council of
Ministers' Commission for Issuing Permissions for Foreign Trade
Operations, dissolved after the July 1994 Presidential elections.
The Security Council Commission was created to coordinate the
activities of the Ministries in the sphere of export controls and
to cooperate with international organizations on issues of
nonproliferation and export controls.[6] In addition, the
Commission is consulted regarding exports of weapons and dual-use
goods, and is the ultimate authority for all controversial export
control decisions.[7]
The Interdepartmental Commission is chaired by the Minister of
Foreign Economic Relations, and includes the Minister of Defense,
the Secretary of the National Security Council, and other
representatives from the Ministry of Foreign Affairs, the
Committee for State Security, and the Ministry of Foreign
Economic Relations.[8]
Members of the Interdepartmental Commission[9]:
Mikhail Marinich, Minister of Foreign Economic
Relations, Chairman of the Commission
Lt. Gen. Aleksandr Chumakov, Minister of Defense
Mr. Podolinskiy, Secretary of the National Security
Council
Mr. Yerin, Committee for State Security
Ms. Mazai, Ministry of Foreign Affairs
Mr. Oshmyana, Ministry of Foreign Economic Relations
Viktor Sheyman, State Secretary for National Security,
and informal head of the Commission. Mr. Sheyman has the
authority to make the final decision on whether or not to
issue an export license.
MINISTRY OF FOREIGN ECONOMIC RELATIONS
(MFER)
The Ministry of Foreign Economic Relations was created in
March 1994, replacing the State Committee on Foreign Economic
Relations. It is the government body that has primary
responsibilities for all policy and procedural aspects of the
Belarusian export control system.
The MFER’s duties in the export control area are as
follows:[10]
a) determines licensing procedures and application
requirements;
b) coordinates all export licensing with the
Interdepartmental Commission of the Security Council (SC),
the Ministry of Internal Affairs, the Ministry of Defense,
the State Customs Committee and the State Security Committee;
c) issues export licenses;
d) defines commodity control lists in cooperation with
other ministries and committees;
e) authorizes enterprises to conduct export (import)
activity;
f) maintains a database on all export and import licenses
issued by the Republic of Belarus;
g) drafts policy statements, regulations, decrees and laws
on all matters relating to export controls in cooperation
with relevant ministries such as the Ministry of Foreign
Affairs, the Ministry of Justice, the State Customs Committee
and the Security Council.
Within the MFER, the Department of Foreign Trade Regulation is
responsible for export licensing. It is comprised of three
divisions: the Export Control Division, the Information and
Technical Division, and the Non-Tariff Regulations Division. The
Export Control Division handles the export of dual-use and
military goods. The Information and Technical Division handles
all licensing issues relating to software. The Non-Tariff
Regulations Division handles non-sensitive trade.[11] These
divisions analyze export license applications, render decisions
in routine cases and send recommendations pertaining to sensitive
cases to the Interdepartmental Commission on Exports and Imports
of the Security Council.
Key Individuals:
Mikhail Marinich, Minister of Foreign Economic
Relations
Alexander Kutselay, Head, Department of Foreign Trade
Regulation
Ivan Epishkin, Head, Information and Technical
Division, Department of Foreign Trade Regulation
Ivan Snitko, Chief Specialist, Export Control Division,
Department of Foreign Trade Regulation
Mr. Oshmyana, member of the Interdepartmental
Commission on Control of Exports and Imports within the
Belarusian Security Council[12]
MINISTRY OF FOREIGN AFFAIRS (MFA)
Within the Ministry of Foreign Affairs, the Department of
International Security and Disarmament Affairs was traditionally
responsible for the policy aspects of export controls. However,
this department is in the process of being folded into the larger
Division of International Organizations. It is anticipated that
the Division of International Organizations will take over
responsibility for export controls within the MFA.[13]
These responsibilities will include:
a) generating proposals to the Government[14] regarding
Belarus' participation in international nonproliferation
regimes;
b) contributing to the development of draft policy
statements, regulations, decrees and laws on all matters
relating to export controls in cooperation with relevant
ministries such as the Ministry of Foreign Economic
Relations, the Ministry of Justice, the State Customs
Committee and the Security Council;
c) contributing to the preparation of commodity control
lists in cooperation with other relevant ministries and
committees;[15]
d) generating proposals and participating in the
decision-making on limiting or restricting exports to certain
foreign countries, including Belarus' adherence to United
Nations embargoes.
Due to limited diplomatic representation around the world,
the MFA is restricted in its ability to gather information on
end-users and other information relevant to the
decision-making for granting export licenses.[16] Although
the MFA does not grant export licenses, it may be consulted
on the approval of export licenses to specific enterprises.
Key Individuals:
Ivan Antonovich, Minister of Foreign Affairs
Vladimir Sokolovskiy, Head of Legal Department
Andrey Makavchik, Department of International Security
and Disarmament Affairs
Ms. Mazai, member of the Interdepartmental Commission
on Control of Exports and Imports within the Belarusian
Security Council[17]
MINISTRY OF DEFENSE (MOD)
The Ministry of Defense plays the following role in the
Belarusian export control system:
Contributes to the preparation of commodity control lists
in connection with other ministries and committees.[18]
Issues licenses for the development and production of
munitions, military hardware and other designated goods.
It is essential for a company to obtain such a license
before it can apply for an export license.
Issues permissions to defense enterprises to conduct
export operations. This is separate from an export
license for a specific contract or commodity. The MOD has
issued such permissions to 47 enterprises that export
goods subject to export controls.[19] However, there are
only two organizations that have the right to export
military equipment: Beltekheksport and
Belspetsvenshtekhnika.[20]
Participates in the decision-making process for issuing
licenses for the export of weapons, munitions, and
military equipment.
Key Individuals:
Lt. Gen. Aleksandr Chumakov, Minister of Defense[21]
Col. Evgeniy Polchaninov, Head of Defense Ministry's
Arms Control Agency[22]
MINISTRY OF JUSTICE
The Ministry of Justice plays a role in the legal aspects of
development of export control policy, as evidenced by its
participation in the drafting of the comprehensive Belarusian
Export Control Law.
Key Individuals:
Valentin O. Sukalo, Minister[23]
Galina Botchkova, Deputy Minister of Justice[24]
STATE SECURITY COMMITTEE (KGB)
The State Security Committee, still known in Belarus as the
KGB, is the lead investigative and enforcement body in the
Belarusian export control system. The KGB has the following
responsibilities:[25]
a) investigates all alleged illicit exports and
transshipments of goods;
b) participates in interagency drafting of normative acts
and commodity control lists;
c) participates in interagency reviews of export and
transhipment licenses;
d) provides intelligence information to senior officials
on export, import and smuggling matters;
e) prepares evidence for judicial bodies prosecuting
export, transhipment or smuggling violation.
The KGB can press charges against individuals who violate
export control legislation.
Key Individuals:
Vladimir Matskevich, Chairman
Georgiy Dorogin, Head of Legal Department[26]
Mikhail Azarenko, Directorate of Economic Security
Mr. Yerin, member of the Interdepartmental Commission
on Control of Exports and Imports within the Belarusian
Security Council[27]
STATE CUSTOMS COMMITTEE (GOSUDARSTVENNIY
TAMOZHENNIY KOMITET - GTK)
The Customs Committee has the following responsibilities in
the Belarusian export control system:[28]
a) participates in the drafting of commodity control
lists;[29]
b) inspects goods passing through designated customs
checkpoints;
c) passes information to the State Security Committee
regarding attempted illicit exports that have been detained
by Customs authorities;
d) in cooperation with the MFER, certifies the enterprises
that can engage in export (import) activities;
e) prepares data for the Ministry of Statistics and
Analysis and the MFER on all exports and imports, including
those of licensed goods.
The Customs Committee monitors the shipment of export
merchandise through designated customs checkpoints. According to
one Belarusian official, the only border that is under relatively
tight control is the Belarus-Poland border.[30] However, other
sources have noted that long lines at checkpoints on that border
often prevent thorough cargo checks.[31] The Belarusian border
with the Baltic states is the most vulnerable to the illicit
transfer of goods, as it is the non-CIS border that is
comparatively the longest and most porous.[32] The status of the
Belarusian-Russian border is less clear, due to varying
interpretations of the Customs Union by the two countries.
Although customs checkpoints had been eliminated on this border,
Russia recently re-introduced checkpoints on its side of the
border. Belarusian officials claim that this move violates the
Customs Union.
Key Individuals:
Petr Krechko, Chairman[33]
Vikentiy Makarevich, First Deputy Chairman[34]
Sergei Samtsov, Head, Export Control Division[35]
THE MAIN DIRECTORATE OF BORDER GUARDS
AUTHORITIES
The Border Guards control the flow of individuals through 69
border checkpoints. They also apprehend individuals attempting to
smuggle cargo across the border at points where there are no
custom checkpoints. When the Border Guards discover such
individuals, they are required to intercept the illegal shipments
and turn the cases over to the State Security Committee.
According to the Law on Special Investigations and Conducting
Searches, the Border Guards perform the following tasks:
a) preliminarily investigate allegations of illicit
shipments of goods across Belarusian borders;
b) transmit evidence of export violations occurring along
the borders to the State Security Committee.[36]
Under the aforementioned law, the investigative powers of the
Border Guards are described as expansive, but are not defined
with any specificity.
The Border Guards have five inspection teams. Each team is
composed of four cars and a truck. These teams have radar and
night vision equipment.[37]
Key Individuals:
Lt. Gen Vasil Markovkin, Commander[38]
THE MINISTRY OF ECONOMY
The Ministry of Economy is responsible for making sure that
enterprises adhere to the export quotas that have been
established by the Cabinet of Ministers.[39] Quotas mainly
pertain to such products as precious metals.
Sources:
[6] Ivan Snitko, "Belarus' Export Controls Policy," The
Vector, Vol. 1, No. 1 Spring, 1996, p. 12.
[7] Ural Latypov, "The Belarusian Export
Control System," The Monitor, Vol. 2, No. 1-2, Winter-Spring
1996.
[8] CNS correspondence with Belarusian policy
analyst, May 1997.
[9] Ibid.
[10] Council of Ministers Resolution No. 213,
"On Measures to Improve the Regulation of the Export and
Import of Commodities," December 1, 1994. See also: Ural
Latypov, The Monitor, p. 15.
[11] CNS discussion with Belarusian export control
official, July 9, 1996.
[12] CNS correspondence Belarusian policy analyst,
May 1997.
[13] CNS discussion with Belarusian
nonproliferation specialist, March 1997.
[14] Government refers to the Council of Ministers
and the executive branch administration.
[15] Council of Ministers Resolution No. 516,
"On the Creation of Effective Controls for the Export of
Specific Goods and Services in the Republic of Belarus,"
August 21, 1992.
[16] Ural Latypov, The Monitor, p. 14.
[17] CNS correspondence with Belarusian policy
analyst, May 1997.
[18] Council of Ministers Resolution No. 516,
8/21/92, "On the Creation of Effective Controls for the
Export of Specific Goods and Services in the Republic of
Belarus."
[19] Ural Latypov, The Monitor, p. 14.
[20] CNS correspondence with Belarusian policy
analyst, May 1997.
[21] "Belarus: Administrative Bodies,"
NIS Nuclear Profiles Database, Center for Nonproliferation
Studies March 1997.
[22] CNS correspondence with Belarusian policy
analyst, May 1997.
[23] "Belarus: Administrative Bodies,"
NIS Nuclear Profiles Database, Center for Nonproliferation
Studies, November 1, 1996.
[24] "List of Participants," Workshop on
Protecting Trade and Strengthening Export Controls: Export
Control Legal Task Force, jointly sponsored by the Monterey
Institute for International Studies and the Lawyers Alliance for
World Security, February 29 - March 1, 1996.
[25] Ural Latypov, "Export Control in
Belarus: Trends of Evolution," paper prepared for the NIS
Nonproliferation Project, Development and Security Institute of
Belarus and the Monterey Institute of International Studies,
(Minsk 1994), p. 11-15. See also Ural Latypov, The Monitor, p.
14.
[26] "List of Participants," Workshop on
Protecting Trade and Strengthening Export Controls: Export
Control Legal Task Force, jointly sponsored by the Monterey
Institute for International Studies and the Lawyers Alliance for
World Security, February 29 - March 1, 1996.
[27] CNS correspondence with Belarusian policy
analyst, May 1997.
[28] Law of the Republic of Belarus, Customs Code
of the Republic of Belarus Section I and Section II, Minsk,
February 3, 1993.
[29] Council of Ministers Resolution No. 516,
"On the Creation of Effective Controls for the Export of
Specific Goods and Services in the Republic of Belarus,"
August 21 1992.
[30] CNS discussion with Belarusian export control official,
July 9, 1996.
[31] Suzette Grillot, "Belarus,"
Restraining the Spread of the Soviet Arsenal: NIS
Nonproliferation Export Controls Status Report, 1996.
[32] CNS discussion with Belarusian export control official,
July 9, 1996.
[33] "Belarus: Administrative Bodies,"
NIS Nuclear Profiles Database, Center for Nonproliferation
Studies, March 1997.
[34] OMRI Daily Digest, Vol. 3., No. 47, March 6,
1997.
[35] "List of Participants," Workshop on
Protecting Trade and Strengthening Export Controls: Export
Control Legal Task Force, jointly sponsored by the Monterey
Institute for International Studies and the Lawyers Alliance for
World Security, February 29 - March 1, 1996.
[36] Ural Latypov, The Monitor, p. 14.
[37] CNS discussion with Belarusian export control official,
July 9, 1996.
[38] Who's Who in Belarus, web site: http://ukanaix.cc.ukans.edu/ex-ussr/whoswho-belarus.html, last updated February 8, 1996.
[39] Council of Ministers Resolution N. 213,
"On Measures to Improve the Regulation of the Export and
Import of Commodities," December 1, 1994. See also Ural
Latypov, The Monitor, p. 14.
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