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The export of firearms, military goods and technologies, and goods and technologies that can be used in the production, development or delivery of nuclear, chemical or biological weapons (strategic goods) is prohibited under the Customs and Excise Act 1996 unless an export permit has been obtained from the Secretary of Foreign Affairs and Trade.
New Zealand's system of export controls on strategic goods is designed to ensure that such exports are consistent with broader foreign, strategic and security policy objectives. The system is an essential element of our non-proliferation and disarmament policy, implementing our commitment to controlling the proliferation of weapons, and to our claims to be a responsible exporter. In particular, New Zealand's export control system is a significant thread of our commitment to restricting the ability of states to develop weapons of mass destruction.
Controlled items are listed on the New Zealand Strategic Goods List.
From 1 October 2008, the Customs and Export Prohibition Order 2008 extends the controls on the export of strategic goods to cover unlisted goods and technologies intended for a military or weapons of mass destruction end-use, and the electronic export of controlled software and technologies.
The controls are implemented under the Customs and Excise Act 1996, as amended by the Customs and Excise Amendment Act 2007. The new legislation assists New Zealand in upholding international export control best practice.
New end-use (catch-all) controls
The new end-use controls (also known as catch-all controls) cover the export of goods, software and technologies which are not listed on the New Zealand Strategic Goods List, but which may be intended for use relating to:
End-use controls focus on the intended end-use of the items rather than their technical characteristics. The new end-use provision is designed to prevent the export of non-listed items where intended for one of the above prohibited end-uses.
Exporter obligations
Exporters have a statutory obligation to inform the Secretary of Foreign Affairs and Trade if they are aware or should reasonably be aware that an export is intended for or may have any of the listed prohibited end-uses.
If yo become aware that your export may be intended for one of these end-uses, you must contact the Export Controls Team at the Ministry of Foreign Affairs and Trade. The Ministry of Foreign Affairs and Trade will advise you whether the export is subject to end-use controls. Exporters wishing to continue with the export of an item subject to end-use controls will need to apply to the Ministry of Foreign Affairs and Trade for a permit to export.
In some cases, the exporter may be informed by the Ministry of Foreign Affairs and Trade that an item planned for export is or may be intended for one of the listed end-uses, and that the item is subject to end-use controls. Export of the item will then be prohibited unless an export permit has been obtained from the Ministry of Foreign Affairs and Trade.
New controls on electronic transfers
The electronic export of software or technologies either listed on the New Zealand Strategic Goods List or captured by the new end-use (catch-all) controls is prohibited unless an export permit has been obtained from the Ministry of Foreign Affairs and Trade.
If you intend to export controlled software of technologies by electronic means, for example by e-mail or fax, you will need to apply for an export permit from the Export Controls Team at the Ministry of Foreign Affairs and Trade. If a permit is granted, it will need to be kept in a safe place and provided to authorities if requested.
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