1a. Legislation, regulations, or administrative procedures provide for control over exports of conventional arms, including SALW and ammunition?
If yes, List laws, regulations, or administrative procedures Yes
1b. Legislation, regulations, or administrative procedures provide for measures to regulate imports of conventional arms, including SALW and ammunition?
If yes, List laws, regulations, or administrative procedures Yes
1c. Legislation, regulations, or administrative procedures provide for measures to regulate transit/transshipment of conventional arms including SALW and ammunition?
If yes, list laws, regulations, or administrative procedures Yes
1d. Legislation, regulations, or administrative procedures provide for measures to regulate brokers/brokering of conventional arms, including SALW and ammunition?
If yes, List laws, regulations, or administrative procedures Yes
2a. The competent national authority/ies for the control of exports is/are:
Customs / Ministry of Finance No
Ministry of Defence No
Ministry of Economy / Ministry of Business / Ministry of Trade No
Ministry of Foreign Affairs Yes
Ministry of Interior / Police No
Transfer Control Agency No
Other No
2b. The competent national authority/ies for the regulation of imports is/are:
Customs / Ministry of Finance No
Ministry of Defence No
Ministry of Economy / Ministry of Business / Ministry of Trade No
Ministry of Foreign Affairs No
Ministry of Interior / Police Yes
Transfer control agency No
Other No
2c. The competent national authority/ies for the regulation of transit/transshipment is/are:
Customs / Ministry of Finance No
Ministry of Defence No
Ministry of Economy / Ministry of Business / Ministry of Trade No
Ministry of Foreign Affairs Yes
Ministry of Interior / Police Yes
Transfer control agency No
Other No
2d. The competent national authority/ies for the regulation of brokers and/or brokering activities is/are:
Customs / Ministry of Finance No
Ministry of Defence No
Ministry of Economy / Ministry of Business / Ministry of Trade No
Ministry of Foreign Affairs Yes
Ministry of Interior / Police No
Transfer control agency No
Other No
3a. National control list of conventional arms subject to transfer controls.
If yes, please specify Yes
1. A transfer is prohibited if it would violate obligations under measures adopted by the United Nations Security Council acting under Chapter VII, in particular arms embargoes
If yes, please specify Yes
2. A risk assessment is conducted before issuing an export authorization
If yes, please specify Yes
3. National legislation, regulations or policy guidelines include the following] risk assessment criteria
Contribute to or undermine peace and security Yes
Commit or facilitate a serious violation of international humanitarian law to which State is a party Yes
Commit or facilitate a serious violation of international human rights law to which State is a party Yes
Commit or facilitate an act constituting an offence under international conventions or protocols relating to terrorism to which State is a party Yes
Commit or facilitate an act constituting an offence under international conventions or protocols relating to transnational organized crime to which State is a party Yes
Commit or facilitate serious acts of gender-based violence or serious acts of violence against women and children Yes
Risk of diversion Yes
Other No
5. Risk mitigation measures that could be undertaken to mitigate identified risks
If yes, use free text box for types of risk mitigation measures utilized Yes
1. There is an authorization or licensing system to control the export of conventional arms
If yes, please specify Yes
2. Information and/or documentation provided to the competent national authority in an application for a licence or other form of authorization to export conventional arms
New Zealand issues two types of permits to export strategic goods: a Standard export permit and a General Consent. Both are subject to a full assessment and approval process by MFAT. A General Consent gives pre-approval to exports of specific listed items to certain approved destinations. This process requires the exporter to list the countries it intends to export goods to, which are then either approved or not approved by MFAT. If a Consent is granted for a country listed on a General Consent, the exporter may then export any volume of the specified products to any end-user in that country. Exporters must provide information to MFAT on end-users who have received items under the General Consent. General Consents are available for: • Items deemed to be of low risk; • Destination countries which are considered low-risk; • Exporters with a business case that justifies the use of a General Consent; and • A limited validity of 12 months. If consent is not granted, the exporter must apply for a Standard export licence to a specific end-user. Pursuant to New Zealand’s Strategic Goods regime, exporters are required to provide supporting documentation. MFAT typically requires any one of the following four supporting documents depending on the goods being exported: - end-user certificates for NZ origin military goods; - end-user certificates for NZ origin dual-use goods; - evidence of import authority for firearms; - evidence of re-export approval for foreign origin goods. In addition to end-user certification, MFAT may require proof of delivery of the goods.
3. The national control system permits exports of conventional arms (a) without a licence or authorization or (b) under simplified procedures under certain circumstances
If yes, please specify Yes
4. State maintains records of export authorizations
State maintains records of export authorizations? Yes
4a. Records of export authorizations are kept for … years
minimum 10 years
4b. Information contained in records of export authorizations includes:
Quantity No information provided
Value No information provided
Model / type No information provided
Importing state No information provided
End-User No information provided
Other (please specify) No information provided
5. State maintains records of actual exports
If yes, please specify No
5a. Records of actual exports are kept for … years
n/a
5b. Information contained in records of actual exports includes:
Quantity N/A
Value N/A
Model / type N/A
Importing state N/A
End-User N/A
Other (please specify) N/A
1. There is an authorization or licensing system to regulate the import of conventional arms
If yes, please specify Yes
2. Information and/or documentation provided to the competent national authority in an application for a licence or other form of authorization to import conventional arms
Sections 16-19 of the Arms Act 1983 cover the importation of firearms and other restricted weapons: http://www.legislation.govt.nz/act/public/1983/0044/latest/DLM72622.html Applications for import permits from within New Zealand can only be made in person. Visitors to New Zealand can find information about import regulations online. They must notify New Zealand Police of their intention to import a firearm on the approved firearms list and apply for a Visitor’s firearms licence online at least one month before their scheduled arrival in New Zealand. (Visitors staying for longer than 12 months must apply for a New Zealand firearms licence.) The approved firearms list can be found at: http://www.police.govt.nz/advice/firearms/approved-firearms If they are not on the approved firearms list (or are not standard sporting firearms but are, for example, military-style semi-automatic 'assault rifles' for use in competitions), details of the make, model, action-type, calibre, magazine size and reason for importing are to be sent to New Zealand Police for assessment. Otherwise Police may retain such firearms at the border until the visitor leaves the country. In addition, all firearms must be declared to the New Zealand Customs Service upon arrival. A visitor with firearms will be referred to the New Zealand Police, who will make a decision both as to whether the visitor should receive a Visitor’s firearms licence and an import permit and, following confirmation of identity and examination of the firearms licence issued by the visitor’s home country, will issue these. For visitors from countries which do not issue firearms licences, the visitor must provide proof (such as a hunting permit) that they may legally own a firearm in their own country and proof that they have been trained in firearms safety. All relevant information, including links to the approved firearms list can be found at: http://www.police.govt.nz/advice/firearms/visitors-firearms-licence-and-import-permits The New Zealand Arms Act 1983 prohibits the carriage of firearms for protection in New Zealand by all persons, with the exception only of New Zealand Police Officers. New Zealand Government policy is to refuse the importation and carriage of firearms, batons, incapacitating sprays and any other weapon by foreign security personnel accompanying visiting dignitaries on visits to New Zealand. The policy is based on the generally low level of threat within New Zealand and the local Police response capability. Foreign security personnel do not have diplomatic immunity while in New Zealand. Any weapon or firearm therefore must be declared and surrendered to the New Zealand Police on arrival in New Zealand, or secured in the visiting aircraft.
3. The national control system permits imports of conventional arms (a) without a licence or authorization or (b) under simplified procedures under certain circumstances
If yes, please specify No
4. State maintains records of actual imports
If yes, please specify Yes
4a. Records of actual imports are kept for … years
no information provided
4b. Information contained in records of actual imports includes:
Quantity No information provided
Value No information provided
Model / type No information provided
Exporting state No information provided
End-User No information provided
Other (please specify) No information provided
1. Definition of transit and/or transshipment in national legislation and/or regulations
If yes, please specify Yes
New Zealand’s Strategic Goods regime applies to all goods in New Zealand territory, including goods transiting through New Zealand’s territorial sea or national air space. New Zealand’s national control system relevant to transit and transshipment ensures full compliance with the rights and obligations given States under the 1982 Convention on the Law of the Sea, including with respect to the right of innocent passageunder Article 17 of the Convention. Goods that land on New Zealand soil are considered to have been imported, and importers are required to obtain the relevant import permits if their shipment contains firearms or restricted weapons. Export occurs when goods, which have been within New Zealand or its territorial sea, leave it.Any trans-shipments including items on the national control list (see answers to question 1.D) are required to comply with all import requirements and to hold the appropriate export permits in order to comply with NewZealand law
2. The national system regulates the transit/transshipment of conventional arms
By land Yes
By sea Yes
By air Yes
3. Information and/or documentation provided to the competent national authority in an application for a licence or other form of authorization to transit/transship conventional arms
New Zealand requires importers and exporters whose goods are transiting or trans-shipped in New Zealand to obtain the necessary import and export permits.
4. The national control system permits transit/transshipment of conventional arms (a) without a licence or authorization or (b) under simplified procedures under certain circumstances
If yes, please specify No
5. State maintains records of transit/transshipment authorizations
If yes, please specify Yes
5a. Records of transit/transshipment authorizations are kept for … years
no information provided
5b. Information contained in records of transit/transshipment authorizations includes:
Quantity No information provided
Value No information provided
Model / type No information provided
Exporting state No information provided
Importing state No information provided
End-User No information provided
Other (please specify) No information provided
1. Definition of broker and/or brokering in national legislation and/or regulations
If yes, please specify Yes
The specifics of New Zealand’s mandatory legislative brokering control regime are still being developed.However, it is anticipated that the legislation will include a definition of brokering (as negotiating, arrangingor facilitating the international movement of arms and military equipment from one foreign country toanother foreign country) and require all brokering activity by New Zealand citizens or entities to first obtaina permit. It is expected that the legislation will have extraterritorial application.
2. The national system regulates brokers and/or brokering activities
Registration of brokers only N/A
Authorization to conduct brokering only N/A
Two-stage process of registration of brokering and authorization for brokering N/A
3a. Information and/or documentation provided to the competent national authority in an application to register as a broker
New Zealand’s current voluntary brokering registration requires: comprehensive contact information details from the broker; identification and address details of the seller and purchaser; a detailed description of the goods to be brokered , including brand or make, country of origin, model (& calibre, type & year of manufacture if a firearm) & serial number (if applicable); the end use; the final destination of the goods; and the total value of the goods. The full registration form can be found at: https://www.mfat.govt.nz/en/trade/trading-weapons-and-controlled-chemicals/how-to-export-militaryand-dual-use-goods/
3b. Information and/or documentation provided to the competent national authority in an application for a licence or another form of authorization to conduct brokering
New Zealand’s current voluntary brokering registration requires: comprehensive contact information details from the broker; identification and address details of the seller and purchaser; a detailed description of the goods to be brokered , including brand or make, country of origin, model (& calibre, type & year of manufacture if a firearm) & serial number (if applicable); the end use; the final destination of the goods; and the total value of the goods. The full registration form can be found at: https://www.mfat.govt.nz/en/trade/trading-weapons-and-controlled-chemicals/how-to-export-militaryand-dual-use-goods/
4. The national control system permits brokering of conventional arms (a) without a licence or authorization or (b) under simplified procedures under certain circumstances
If yes, please specify No
5. State maintains a register of brokers
If yes, please specify No information provided
5a. Records of registered brokers are kept for … years
no information provided
6. State maintains records of brokering licences or authorizations
If yes, please specify No
6a. Records of brokering authorizations are kept for … years
no information provided
6b. Information contained in records of brokering authorizations includes:
Quantity No information provided
Value No information provided
Model / type No information provided
Exporting state No information provided
Importing state No information provided
End-User No information provided
Other (please specify) No information provided
7. Regulation of activities closely associated with brokering
If yes, please specify No
1. Measures to mitigate the risk of diversion
Establishment of mitigation measures Yes
Provision, upon request, of end use / end user documentation to the exporting State Yes
Measures in place to verify or seek to authenticate EUCS or other types of end-user documentation [SALW] No
Measures in place aimed at preventing the forgery and misuse of EUCs or other types of end-user documentation [SALW] Yes
Requirement for end use / end user assurances from an importing State (or industry) Yes
Examination, where appropriate, of parties involved in a transfer Yes
Requirement, where appropriate, for additional documentation, certificates, assurances for a transfer Yes
Exchange of relevant information with other States Parties on effective measures to address diversion, as well as on illicit activities and actors Yes
Reporting to an international or regional body on measures taken to address diversion of transferred conventional arms No
When exporting, State requires a Delivery Verification Certificate (DV) to confirm that SALW have reached their intended end-user or intended importer in the importing State [SALW] No
When importing, the State grants the right to the exporting State to conduct a physical check at the point of delivery [SALW] No
Other measures Yes
2. Information contained in end user documentation (e.g. EUC)
Detailed description of the SALW or technology Yes
Contract number of order reference and date Yes
Final destination country Yes
Description of the end-use of SALW Yes
Exporter's details (name, address and business name) Yes
End-user information (name, position, full address, and original signature) Yes
Information on other parties in the transaction No
Certification by the relevant government authorities of the authenticity of the end-user No
Date of issue Yes
Other No
3. Measures to Control SALW re-exports:
Re-export of SALW only permitted when there is prior notification No information provided
Re-export of SALW is permitted only when there is prior approval No information provided
4. State takes appropriate measures when a diversion has been identified
Alert potentially affected States Yes
Investigative and law enforcement measures at the national level Yes
Use international tracing mechanisms to identify points of diversion Yes
Other measures No
1. State takes measures to enforce national laws and regulations
State takes measures to enforce national laws and regulations Yes
2. Criminal offence to trade conventional arms without a licence or authorisation, or to do so in a manner that is in contradiction to the terms of a licence or authorisation
Criminal offence to trade conventional arms without a licence or authorisation, or to do so in a manner that is in contradiction to the terms of a licence or authorisation Yes
1. The national system includes one or more national points of contact designated to act as a liaison on matters relating to the implementation of the UN Programme of Action on Small Arms (PoA)
If yes, please specify Yes
2. The national system includes one or more national points of contact designated to act as a liaison on matters relating to the United Nations Register of Conventional Arms
If yes, please specify No information provided
3. The national system includes one or more national points of contact to exchange information on ATT implementation
If yes, please specify Yes
1. The state makes information publicly available on the national system to control/regulate international arms transfers and address diversion
National report on implementation of the PoA Yes
ATT initial report Yes
1540 matrix Yes
National report on the national system to control/regulate international arms transfers and address diversion No
ATT-BAP survey No
2. The state makes information publicly available on arms imports and exports
UN Register of Conventional Arms Yes
UN Register of Conventional Arms - SALW Yes
ATT annual report Yes
Arms transfers reported to Comtrade No information provided
Regional instrument N/A
National report on arms transfers No
3. Website for more information on national system