To what extent do arms transfer controls in Serbia comply with European Union (EU) and international standards? This report from Saferworld analyses Serbia’s legislative framework for arms transfer controls. The legislation currently in force in Serbia represents an encouraging level of commitment to EU norms in arms transfer controls. There are also welcome signs of growing capacity to better enforce the legislation. There is still more to be done, however, and challenges remain.
The Serbian Government should further tighten legislation, implement planned advances in reporting and continue seeking support for areas where capacity is weak. It should make explicit in law a requirement that Ministries use EU Code of Conduct on Arms Exports criteria as a starting-point for licensing decision-making. It should ensure that a culture of responsible export control exists throughout the civil service. Failing this, it should ensure that the Ministry of Foreign Affairs (MFA) has real power to refuse a license based on the EU Code criteria. It must also tackle corruption among officials, improve transparency and accountability and review the use of private security companies in transporting controlled goods.
Serbia has voluntarily aligned itself with a number of international instruments relating to arms transfer controls, including the EU Code of Conduct. Further work is needed to secure Serbia’s full compliance with these instruments. Analysis of Serbia’s legislative framework for arms transfer control reveals that:
- Economic pressures in favour of an aggressive arms export policy make tight restrictions on export activity politically sensitive.
- While the MFA must consider the EU Code criteria and other international obligations when approving licence applications, its objections can be overridden. The Ministry of Defence is not required to consider the EU Code criteria.
- The transfer of licensing responsibilities after the dissolution of the State Union of Serbia and Montenegro (SCG) took place without major disruptions. Staffing levels however, are insufficient for thorough analysis of export licence applications.
- The Government of Serbia has reportedly finalised reports on arms exports for 2005 and 2006 and is due to present them to Parliament. Publication of the reports would demonstrate significant progress toward greater transparency.
The EU should include transfer controls as a key element of its formal dialogue with Serbia. It should also consider circulating information on denials of arms transfer licence applications to Serbia to demonstrate how decision-making works among member states. The international community in general should:
- ensure all relevant international and regional instruments and documents are translated into Serbian and made available to relevant national actors;
- assist the Serbian authorities in developing a set of prioritised requirements for assistance and provide assistance on the basis of these agreed priorities;
- assist Serbia in assessing end-user certificates’ authenticity and the risk of retransfer, and in the licence-assessment process and delivery verifications where internal capacity is limited;
- encourage acceptance of restrictive transfer controls by supporting advocacy on the issue;
- encourage information exchange between Serbian parliamentarians and their counterparts from other states with experience in this area; and
- provide support to civil society and the media in order to build indigenous capacity to analyse and monitor Serbia’s arms export controls.
