SASSI Annual Conference 2006

1. SASSI Annual Conference 2006 Korea’s Experiences on Export Control 16-17 November 2006 Poong Eil Juhn, Ph.D. Senior Advisor Korea Atomic Energy Research Institute

2. Korea’s National Nuclear Energy Policy • Basic Principle • Promoting Peaceful Uses of Nuclear Energy • Securing Nuclear Safety • Goals • To provide a stable electricity supply through the development of nuclear energy • To achieve self-reliance on nuclear technology • To make the nuclear industry one of the major export industries through international cooperation

3. Korea’s Commitment on International Co-operation and Non-proliferation for Peaceful Uses of Nuclear Energy • International Co-operation • Joining IAEA in Aug. 1957 as a Charter Member • Bilateral Agreements with 19 countries, in 2006 • Non-proliferation Commitments • NPT: signed in 1968; ratified in June 1975 • Full Scope Safeguard Agreement with IAEA in 1975 • Convention on Physical Protection: ratified in April 1982 • Zangger Committee: joined as a Member in 1995 • NSG: joined as a Member in 1995 • CTBT: signed in 1996; ratified in 1999 • Additional Protocol: signed in 1999; ratified in 2004

4. Korea’s Membership in Export Control Regimes • Nuclear Suppliers Group(’78), prevention of illegal transfer of “nuclear related items”: - Current members : 45 - Korea’s membership since 1995 • Australia Group(’85), prevention of illegal transfer of “biological and chemical weapon related items”: - Current members : 40 - Korea’s membership since 1996 • Missile Technology Control Regime(’87), prevention of illegal transfer of “missiles related items”: - Current members : 34 - Korea’s membership since 2001 • Wassenaar Arrangement(’96), prevention of illegal transfer of “conventional weapon related items”: - Current members : 40 - Korea’s membership since 1996

5. Korea’s Export Control Related Regulations • Foreign Trade Act: - Regulate for industrial/NSG dual use items - Agency : Ministry of Commerce, Industry and Energy • Technology Development Promotion Act: - Regulate for sensitive technologies - Agency : Ministry of Science and Technology • Atomic Energy Act - Regulate NSG Trigger list items - Agency : Ministry of Science and Technology • Defense Industry Act - Regulate munitions and munitions software - Agency : Ministry of Defense

6. Korea’s Experiences on Export Control for Potential Dual Use Industrial Items • In 2002: - Export Licenses applied : 370 - Licenses issued : 370 - Licenses rejected : none • In 2003 - Export Licenses applied : 491 - Licenses issued : 477 - Licenses rejected : 7 • In 2004 - Export Licenses applied : 493 - Licenses issued : 462 - Licenses rejected : 5 • In 2005 - Export Licenses applied : 582 - Licenses issued : 552 - Licenses rejected : 2 Source: Strategic Trade Information System (www.sec.go.kr)

7. Penalties / Administrative Sanctions against Unlawful Export Attempts • Those who received an export license using forged documents or in other unlawful ways, or those who exported strategic items to regions subject to export control without obtaining an export license shall be sentenced up to 5 years in prison or shall be fined up to 3 times the value of exported or imported goods.

8. Examples of Unlawful Export Attempts • Example #1 (Korea Economic News Paper on 24 April ’06): - In Dec 2003, Korean Government was informed by IAEA inspector that D company illegally exported 4 Balancing Machines to Libyan Arab Jamahiriya. - The court decided in Jan 2005 that D company could not export any strategic items for a period of 1 year. • Example #2 (Moon Wha News Paper on 9 May ’06): - In June to September 2003, W company tried to export about 107 tons of Sodium Cyanide to NK via China, which is not a member of WA. - The court decided in January 2004 that the person who did an attempt, got sentenced for 18 months in prison; and W company got a penalty, “not to export any strategic items for a period of 1 year”.

9. Thank You Very Much