Export Control:

A brief outline context to Bangladesh

Before digging down the concept of ‘Export Control’ it is necessary

to understand what ‘Export’ and ‘Export Control’ mean. In simple words,
an ‘Export’ is any oral, written, electronic or visual disclosure, shipment,
transfer or transmission of commodities, technology, information, technical
data, assistance or software codes to anyone outside the country concerned
whereas ‘Export Control’ means the imposition of conditions, restrictions
and prohibitions on the export of certain goods under the legal frameworks
for reasons of national security or protections of trade. Export controls
usually arise for one or more of the following reasons: The nature of the
export has actual or potential military applications or economic protection
issues, government concerns about the destination country, organization, or
individual, and government concerns about the declared or suspected end
use or the end user of the export. On the other hand, factors generally induce
the control of certain exports are national security, proliferation of chemical
weapons (CW) and biological weapons (BW), nuclear nonproliferation,
missile technology, anti-terrorism, crime control, high performance
computer, regional stability, short supply, U.N. Sanctions etc.
The concept of export control comes in forth as a crucial issue of
discussion among the nations who produce, posses and export Weapons of
Mass Destruction (WMD) in the mid of the last decade. It has been getting
importance with times as security threat from the terrorist groups mounted
over them. But the concept gets utmost priority after the tragic incidence of
the 9/11 in 2001 in the US. Since then the US also gets herself inclined to
export control for the sake of her 'Home Security'. After the 9/11 the US,
along with, other developed countries, has initiated some security measures
are involved the UNO and took UNSC Resolation-1540 to give shape the
Home Security into the world's security. Consequently, implementations of
agreements, resolutions and decisions get priority The NPT, W.A, CWC,
BWC etc. get priority.
In the recent years, the audacity of terrorists' attacks and the proof of
their pursuance for chemical, biological, radiological, and nuclear weapons,
have raised the stakes. These developments demonstrate why it is critical for

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all responsible members of the global community to put in place effective
measures to prevent the spread of these weapons and technologies. In the
current deeds, the proliferation threat is more diverse and increasingly
difficult to mask their acquisitions as innocent business transactions to
deceive government officials and legitimate businesses. As a result of
increased economic interaction and advances in information and
communications technology, it is now easier than ever to transfer sensitive
technology and know-how to the far reaches of the globe and, in the
sometime, more difficult than ever to monitor or control such transfers.
In the perspective illustrated above, the developed countries have
launched the initiatives through the Treaties and Regimes as mentioned in
the beginning of this article to establish control over movement, transfer or
export of WMD so that these weapons could not reach or diverted to the
terrorists groups . The ways and means of controlling the export of WMD
have been enumerated in the aforementioned Treaties/Regimes. By this time
most of the developed countries have made, the guidance/instructions
enumerated in the treaties/regimes, the part of their respective trade
legislations. Not only that, they are in constant persuasion to motivate the
rest of the countries of the world, especially, the poor and developing
countries which do not produce, posses or trade the WMD to accommodate
export control guidelines in their respective legislative and increase
enforcement to establish better control over export of so that these security
hazardous weapons could not be transited to the terrorist through these
countries.
In fact, the US has taken Export Control as a mission. To involve all
the countries of the globe with the export control issue highlighting it as an
effective tool to combat gripping of the WMD by the terrorist groups. With
that end in view, the US has been going with continuous efforts to make the
nations conscious about the necessity and importance of Export Control
keeping the issue of global security forefront. Shouldering the leadership,
the US has come forward with a comprehensive program titled ‘Export
Control and Related Border Security Assistance (EXBS)’ which is actually
U.S. Government’s interagency program, managed by the Department of
State's Bureau of International Security and Nonproliferation, designed to
prevent proliferation of WMD, missile delivery systems, conventional
weapons, and related items by assisting foreign governments to establish and
implement effective export control systems that meet international standards.

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 As a part of EXBS Program so far 10 International Export Control
Conferences have been Organized by the of the US State Department in
various countries in collaboration with the country consented to host the
conference. The Organizers request as much countries as possible to
nominate participants to attend the conference. Through these conferences
the organizers draw the attention of the participants to the obligations thrust
upon them by the International Treaties and Regimes by presenting lots of
paper and through brain storming sessions. The conferences also highlight
the needs and urgency of framing new regulations or updating the existing
regulations related to export trade keeping conformity with the obligations
imposed upon the nations by the Treaties and Regimes. The issues generally
got priority for the discussions on the conferees are: Export control
Legislation, Industry outreach and Industrial control program, Non
proliferation challenges, Export Control List implementation, Automated
Licensing solutions, Export Control Enforcement and Prosecution, Targeting
and Risk management, End use and End User etc.
Every year the Organizers of the Export Control Conferences request
Bangladesh Government to nominate representatives to attend the
conference. In response to such request, the Government of the People's
Republic of Bangladesh felt glad to send representatives to participate in the
conference. The participants have gained lots of knowledge and experiences
on Export Control from the conference. Bangladesh being a country of
secular democracy would always stand by the Export Control Program for
the sake of global security. In fact, Bangladesh takes active part in any
program aiming at world peace, harmony and security. For example,
Bangladesh has been sending its military and police forces in different UN
peace keeping mission across the troubled world and earned a lot of praise
and honor from the international community. In pursuance to this policy
towards global peace, Bangladesh always remains ready to quickly respond
to any call for securing the globe.

Bangladesh emerged as a sovereign and independent country in 1971

and became an active player in global trade actively as early as 1972.
Bangladesh has been making continual effort to enhance her export volume
and expand export market. Bangladesh’s basket of exportable has been
growing over the last couple of decades. The items range from primary
commodities like frozen food, tea, agricultural product, raw jute, etc and
industrial goods like readymade garments, leather, jute goods, fertilizer,
and chemical products, footwear, ceramics product, engineering products,

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petroleum by-products and handicrafts. The major countries to which
Bangladesh is exporting are the US, Germany, UK, France, Belgium, Italy,
Netherlands, Canada, and Japan. The US is the main destination of our
export commodities which is 28.79% of the total exports. The second and
third positions are held by Germany and UK which constitute 16.76% and
9.96% respectively. The principle items exported to these countries are
readymade garments, frozen foods and home textiles. The product-wise
export earnings from major exports and country wise exports figure are
shown below

The country-wise exports figures are shown below:

For obvious reasons, export is a priority sector to Bangladesh and

government has taken many measures for export development. There is a
handsome incentive package for the exporters. But even export sector is not

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free from necessary control and monitoring. In Bangladesh, export trade is
regulated by The Imports and Exports (Control) Act, 1950. The Government
has been conferred power by the said Act to issue orders to prohibit, restrict
or otherwise control the import-export of goods of any specific description,
or regulate import-export of such goods, and such order may provide for
applications for licenses under this Act.

If any person contravenes any provision of the said act or any order
made or deemed to have been made under this act or the rules made there
under, or makes use of an import or export license otherwise than in
accordance with any condition in that behalf imposed under this Act, he
shall without prejudice to any confiscation or penalty to which he may be
liable under the provisions of the Customs Act, 1969, as applied by sub-
section (3) of section 3 of this Act be punishable with imprisonment for a
term which may extend to one year, or with fine, or with both.

An Export Policy framed under the aforementioned act, is formulated

every three years by the Ministry of Commerce on behalf of the government.
However, the Ministry can impose a ban or attach conditions, in the public
interest, on any exportable at any time. Moreover, the Ministry of
Commerce, through its office of the Chief Controller of Imports & Exports
is also responsible for issuance of Export Registration and/or Permits to the
intending exporters. On the other hand, any tariff/tax related issues are
determined by the National Board of Revenue (NBR), an entity under the
Ministry of Finance. According to the current Export Policy, 2009-2012, the
Government has prohibited or imposed conditions on the exports of certain
goods including fire arms, ammunition and related materials, radioactive
materials, chemical products enlisted in the List 1 of the chemical weapons
convention.

The measures that have established necessary control over the export
trade in Bangladesh at present are: licensing the exporters, quality inspection
of product, physical examination before shipment, constant intelligence and
monitoring by the concerned government agencies i.e. Customs Authority
observing ISPS code by port authority and application of penal provisions
for violation of rules and regulations.

But even some unscrupulous exporters take the opportunity of the

liberal trade policy and insufficient enforcement capability of the
government in Bangladesh. They indulge in various corrupt practices like

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mis-declaration and adulteration of documents. So, the probability of taking
advantage of the situation by the terrorists group to export WMD using
Bangladeshi ports as transit route is not insignificant. It is, therefore,
imperative to attach high importance to establish necessary control over the
exports.

As destinations of Bangladeshi exports are mainly Europe and

America, the country is very much concerned for security and transparency
of exportable goods. Government has already taken a lot of measures for
ensuring safe and secured export. However, Bangladesh has set up a separate
custom house for handling only exports headed by one commissioner.
Because of this, customs officials concentrate on examination of exportables
very carefully. Moreover, several sophisticated scanning machine has been
set up in Chittagong port for scanning exportable container to establish more
control on Export. Recently, 24 officials from customs and port authority
participated in the Mega port Initiative-Training in the US. The officials
have come back with special knowledge regarding port security. Now they
are using their gathered knowledge from MPL training in the port (CTPAT).
Further, to enhance cargo and container security, some buyers of the US
have given emphasis on Bangladesh exporters to furnish safety certificate
such as Customs Trade Partnership against terrorism. Customs authority is
working with Trade on this issue.

To overcome the hurdles faced by the developing countries like

Bangladesh in enforcing effective control over exports are- maintain profile
of the exporters, systematic certification process (Rules of origin, quality
etc.), introduction of effective risk management techniques for physical
inspection, effective use of scanner, increase enforcement capacity, impart
training, increase cooperation among the trading countries through some
mutual Customs cooperation, creation of international consensus and
awareness. For this the developed countries should come forward with all
out support along with technical and financial assistance to the countries like
Bangladesh.

Md. Jamal Hossain

Bangladesh

♦

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