Parts of this report were prepared by the Center for Nonproliferation Studies of the Monterey Institute
of International Studies in January 1998 under a grant from the United
States Department of Energy's Office of Nonproliferation and Arms Control.
The views expressed in this report are those of the authors alone, and
do not necessarily represent the views of the Department of Energy or the
United States Government.
 Introduction
Export Control Legislation
Export Licensing Process
International/Bilateral Agreements
Other Agreements
INTRODUCTION
Uzbekistan has
many laws and regulations designed to control exports and imports, but none of
them have been written specifically to address nonproliferation-related export
controls. Early legislation was clearly designed to regulate and protect domestic markets,
with export licenses required for such items as cotton and carpets. Later
regulations from 1994 and 1995 control military and nuclear items but contain
very general lists.[1] On 27 November
2002, Uzbekistan's draft law on export controls was sent for review to the
Cabinet of Ministers of Uzbekistan. Work on the bill was coordinated by the
Agency for Foreign Trade and involved members of the Uzbekistani parliament, the Oliy Majlis. Upon approval by the Cabinet of
Ministers, the bill will be submitted to parliament.[2]
There are a number of high-technology firms in Uzbekistan that produce
potentially sensitive technologies: Tekhnolog RIA, which manufactures machine
tools and metal cutting instruments; Start-Avia, which produces aircraft engines
and parts; and Uzbekkosmos, which produces satellite launch technologies.[3] In addition, Uzbekistan has an extensive chemical industry based in the Fergana
Valley, which primarily manufactures chemicals for use in agricultural
pesticides. Lastly, there is extensive uranium mining and processing
centered around the Navoi
Mining and Metallurgy Complex (NMMC) as well as one nuclear
research reactor near Tashkent.[4]
There are also a number of sites in Uzbekistan where sensitive,
weapons-related activities previously took place. A genetics institute, which used
to work on the development of biological agents to destroy enemy crops
for the Soviet Ministry of Defense, is currently engaged in research to
develop biological agents that could be used in the fight against opium
and other illegal drug production.[5] The town of Nukus is the location of a
chemical research institute that once served as the Soviet Union's second
largest chemical weapons test site; according to a May 1999 implementing
agreement signed by Uzbekistan and the United States, the Cooperative Threat
Reduction program will provide $6 million for its dismantlement.[6,7] Vozrozhdeniya Island in the
Aral Sea was the site of biological testing during the Soviet era. Finally,
there was a widespread complex of heavy water production facilities in Uzbekistan that were shut down in
1985.[8] Uzbekistani
customs and border control posts have received vehicles and radiation detection
equipment, including pagers, from the United States under a $3 million program
to to improve Uzbekistan's border infrastructure.[9] In April 2000 the Chernayevka border post on the Kazakhstani border used US-supplied pagers
to intercept radioactive material on a truck headed for Pakistan.[10]
Incursions by anti-government militants from Tajikistan and Kyrgyzstan in August
and November 2000 led Uzbekistan to step up security along those borders.[11] The 1,621km border with Turkmenistan, however, was
essentially unguarded as of 1997.[3]
EXPORT CONTROL LEGISLATION
Cabinet of Ministers Decree
No. 287, On Measures Regarding the Further Liberalization and Improvement of
Foreign Economic Activity, 25 July 1995
Decree No. 287 includes control
lists. The decree is the most recent iteration of a series of export control decrees, each of
which has superceded the one preceding it. However, the control lists for
weapons and military items essentially have been repeated from one section to
the next.[1] Appendix Four: Contains the list of "specialized goods the
export or import of which requires a license that has been issued by the
Ministry of Foreign Economic Relations (MFER), with the explicit permission of the Cabinet
of Ministers of the Republic of Uzbekistan." This list includes:
-
weapons and military technology;
-
uranium, radioactive substances, and radioactive waste;
-
instruments and equipment which use radioactive substances.
This list is similar to the list from March 1994, with some significant
differences. In order to receive an export license from the MFER for items on
this list, an exporter now must have explicit permission from the Cabinet of
Ministers. In addition, chemical pesticides have been removed from the list.
Appendix Six: Contains the list of "specialized goods (works
and services), the export or import of which requires the permission of authorized
organs of the Republic of Uzbekistan." This list consists of a number of
items, including:
-
professional activities of citizens of the Republic of Uzbekistan. Permission
is given by the Ministry of Labor;
-
export of the results of scientific-technical work, know-how, and inventions.
Permission is given by the State Committee for Science and Technology.
While not necessarily drafted specifically to prevent "brain drain,"
this list could be used as the legal basis by which to prevent the emigration of
scientists with sensitive knowledge or the export of sensitive information.
Appendix 8: Contains the list of items that may
not be transported across the territory of the Republic of Uzbekistan.
The list includes
-
arms, ammunition, and military equipment;
-
aircraft, parts, instruments, and related equipment;
-
materials and equipment that could be used in the preparation of arms,
ammunition, and airplanes;
-
explosives;
-
strong poisons;
-
and any items that are forbidden from import into Uzbekistan.
There is a note at the end of this appendix, which states that these items
actually may transit through the territory of Uzbekistan, if explicit permission
is given by the MFER and the Cabinet of Ministers.[2]
Cabinet of Ministers Decree
No. 558, On Improving Foreign Economic Activity and Reorganizing the Ministry
of Foreign Economic Relations, 17 November 1994
This decree restructured and redirected the Ministry of Foreign Economic
Relations (MFER) essentially to be responsible for stimulating economic
development by promoting exports from the Republic of Uzbekistan. Appendix Two
states all the various Divisions and Departments in the MFER. There are a number
of divisions which are responsible for such things as "analyzing the
potential for foreign economic ties," "developing export
potential," and "marketing." The Division of Regulation of
Foreign Economic Activity is most likely the division which issues export licenses.
However, the decree does not specify any division as responsible for
export controls.[3]
Presidential Decree No. 837, On Measures to Secure
Control of Hard Currency During Export-Import Operations, 20 April 1994.
This decree approves the procedures by which hard currency export-import
operations are controlled by the Uzbek State. It is not by design a
nonproliferation export control measure, but it does contain the provision that
all export contracts for licensed goods be registered at the Ministry of
Foreign Economic Relations (MFER).[4]
Cabinet of Ministers Decree
No. 163, "On Measures to Regulate Foreign Trade Operations," 25 March
1994
This decree approves the procedures for setting quotas and issuing licenses
for the export and import of goods, works, and services. The decree
includes
a number of appendices with the customs codes for controlled items. Appendix 5 contains
a list of specific goods, works, and services, which can be exported only
with a license from the Ministry of Foreign Economic Relations. The list
includes the following items:
-
chemical pesticides;
-
arms and military technology, and special products for their production;
-
uranium and radioactive substances;
-
instruments and equipment which use radioactive substances;
-
radioactive waste and explosives.[5]
This list has since been superseded by Cabinet of Ministers Resolution No.
287,
from July 1995.[6]
Cabinet of Ministers Decree
No. 485, On Measures to Stimulate Foreign Economic Activity and to Attract
and Protect Foreign Investment in the Republic of Uzbekistan, 21 October
1992
This early export control decree is clearly in no way intended to
establish a system to help prevent the proliferation of weapons of mass
destruction. Appendix One consists of a detailed list of 73 items the
export of which requires licensing from the Ministry of Foreign Economic Relations. The list
covers everything from sugar to carpets to cotton, but does not include any
military-related items.[6]
Law on Violations of Export Procedures, No.
515-XII, 14 January 1992
This introduces changes into the existing administrative and criminal codes to
specify punishments for violations of the established procedures for the export
of "goods, materials, raw materials, agricultural products, food products,
and other material valuables from the Republic of Uzbekistan." For an
initial violation, the law updates the administrative code to provide for
confiscation of the goods in question, plus a fine of "200 to 500
rubles" for ordinary citizens and "500 to 1000 rubles" for state
officials. For a second violation of the same offense, the law updates the
criminal code to provide for the confiscation of the goods in question, plus up to
three years in prison or a fine of "10,000 to 25,000 rubles."[7]
Law on Foreign Economic Activity, No. 285-XII,
14 June 1991
This early law provides a broad legal basis for foreign economic activity in
Uzbekistan and for the "integration of Uzbekistan's economy into the world
economic system." In Article 14, the law states one of the ways in
which the State regulates foreign economic activity is through the establishment
of procedures for the export and import of products and goods.[8]
LICENSING PROCESS
Before a contract involving a controlled item is signed, the exporter or
production enterprise must receive a positive decision from the Cabinet of
Ministers sanctioning the export. Once a Cabinet of Ministers decision has been
given, the exporter must then apply for a license from the Ministry of Foreign
Economic Relations (MFER). The MFER studies the contract and makes sure that it
in no way violates domestic legislation and international standards. For
example, it ensures that goods are not exported to countries on which an embargo
has been placed. If the MFER finds that all documentation is in order, it issues
a one-time export license. Licenses are good for one year. The Deputy Minister
of Foreign Economic Relations himself signs all licenses. According to an MFER
official, the licensing system is fully automated. The MFER keeps computer
databases of all licenses issued. There is a separate mechanism for transit
licenses. Transit of certain materials through Uzbekistan requires a special
permit from both the Cabinet of Ministers and the MFER. For the transit of
foreign nuclear material, the Cabinet of Ministers issues permits in
consultation with the Uzbekistani State Committee for Supervision and Safety in
Mining and Industry.
Despite Uzbekistan's extensive chemical industry, the MFER does not in any
way license or control the export of chemicals. However, Uzbekistan does receive
guarantees from the CIS countries to which it exports certain chemicals that
they will not be used for military purposes. Chemicals are exported primarily to
other CIS countries, although some are exported to China.
INTERNATIONAL/BILATERAL AGREEMENTS
On 26 June
1992, Uzbekistan became a signatory to the Minsk Accord on CIS
Export Control Coordination.[1] In this agreement, the States-Parties agreed to
create national export control systems, coordinate their efforts to control
exports of materials used in the production of weapons of mass destruction, and
create uniform control lists based on existing international export control
regimes.[2] As has been the case with many multilateral agreements between CIS
countries, however, very little has been done to implement this early attempt to
coordinate CIS export control policy.[3] On 9 February 1993, Uzbekistan reached an agreement with Armenia,
Belarus, Kazakhstan, Russia, and Tajikistan to cooperate in the control
of exports of raw materials, equipment, technology, and services, which
could be used in the creation of a weapon of mass destruction.[4]
Uzbekistan acceded to the Nuclear
Nonproliferation Treaty and has signed and ratified both the Chemical
Weapons Convention and the Comprehensive
Test Ban Treaty.[5] For general information on international organizations and nonproliferation,
please see the NIS International
Organization and Treaty Tables and the 2000
Inventory
of International Nonproliferation Organizations and Regimes compiled
by the Center for Nonproliferation Studies.
OTHER AGREEMENTS
US-Uzbekistan Joint CommissionThe US-Uzbekistan Joint Commission
convened for the first time from 26-27 February 1998 in Washington, DC.
The Commission is meant to provide the two governments with a structure for
maintaining regular high-level contacts. Chaired by Ambassador-at-Large
and Special Advisor to the Secretary of State for the NIS Steven Sestanovich and
by Uzbekistani Foreign Minister Abdulaziz Kamilov, the Commission is divided
into four Committees: Political; Military; Trade, Investment, and Energy; and
Economic Reform.[1] In addition to its intent to halt the spread of
chemical and biological weapons, the Political Committee's Nonproliferation
Subcommittee reiterated its commitment to the Treaty on the Nonproliferation of
Nuclear Weapons (NPT) as the "cornerstone of the international nuclear
nonproliferation regime." The subcommittee also recognized the
importance of maintaining export controls to prevent the spread of weapons of
mass destruction and will promote US Department of Defense training initiatives,
including those under the Cooperative Threat Reduction Program (CTR). In
June 2001 the US Department of Defense and the Federal Bureau of Investigation
conducted the first of four workshops for the Uzbekistani Ministry of the
Interior and the National Security Service in countering the proliferation of
weapons of mass destruction.[3] The Commission also promised immediate
implementation of the participation of Uzbekistani scientists and research
institutes in the programs of the Science and Technology Center in Ukraine
(STCU).[4]
Science and Technology Center AgreementOn 27 December 1997 the Republic of Uzbekistan acceded to the STCU Agreement
which assists weapons scientists and engineers from participating countries of
the former Soviet Union to conduct research on peaceful
activities.
Page last updated 8 April 2003
For more recent updates, see the Uzbekistan: General
Developments file.
Comments or questions? Contact Kenley Butler at
MIIS CNS: Kenley.Butler@miis.edu |
