Developments among International Scientific and Health Bodies on Dual-Use Issue

Presentation at the Controlling Dangerous Pathogens Project Regional Workshop on Dual-Use Research, Teresopolis, Brazil

Reconsidering the concept of ‘dual-use’ in the context of neuroscience research

Commentaire / Commentary

The Arms Trade Treaty and the Control of Dual-Use Goods and Technologies. IES WORKING PAPER 1/2013

This paper seeks to delineate some preliminary factors and working methods that could work in favour of establishing a workable international export control regime for dual-use goods and technologies. Drawing on the work initiated by various United Nations initiatives and the Wassenaar Agreement, but specifically looking at the European Union export regime model, this working paper asks if and how a similar model could be adopted at the international level. Far from suggesting that the EU regime should of could be adopted on a global basis or that the regime is full-proof, the authors acknowledge that EU regulations are seen as among the most stringent of frameworks on dual-use goods and technologies available. Accordingly, this paper asks what elements of the EU’s control regime could be of international benefit after the ATT negotiations and how it could be adopted on a more international basis. Indeed, any future ATT control mechanism for dual-use items will have to draw on existing arms transfers and control regimes. It does this through an analysis of the ATT and the current discourse on dual-use goods and technologies in the negotiations, an stocktaking of the strengths and weaknesses of the EU’s export control regime and by asking what elements of the EU’s regime could be utilised for international control mechanisms after a future ATT is negotiated.

United States export policy toward Iraq prior to Iraq's invasion of Kuwait : hearing before the Committee on Banking, Housing, and Urban Affairs, United States Senate, One Hundred Second Congress, second session, on did U.S. exports aid Iraq's military capabilities and did the administration accurately disclose its licensing of dual use exports to Iraq? : October 27, 1992.

Shipping list no.: 93-0202-P.

Second to none : preserving America's military advantage through dual-use technology /

"February 1995."

Psychiatric correlates of snuff and chewing tobacco use.

Compared to the association between cigarette smoking and psychiatric disorders, relatively little is known about the relationship between smokeless tobacco use and psychiatric disorders. To identify the psychiatric correlates of smokeless tobacco use, the analysis used a national representative sample from the National Epidemiologic Survey on Alcohol and Related Conditions (NESARC) wave 1. Smokeless tobacco use was classified as exclusive snuff use, exclusive chewing tobacco, and dual use of both snuff and chewing tobacco at some time in the smokeless tobacco user's life. Lifetime psychiatric disorders were obtained via structured diagnostic interviews. The results show that the prevalence of lifetime exclusive snuff use, exclusive chewing tobacco, and dual use of both snuff and chewing tobacco was 2.16%, 2.52%, and 2.79%, respectively. After controlling for sociodemographic variables and cigarette smoking, the odds of exclusive chewing tobacco in persons with panic disorder and specific phobia were 1.53 and 1.41 times the odds in persons without those disorders, respectively. The odds of exclusive snuff use, exclusive chewing tobacco, and dual use of both products for individuals with alcohol use disorder were 1.97, 2.01, and 2.99 times the odds for those without alcohol use disorder, respectively. Respondents with cannabis use disorder were 1.44 times more likely to use snuff exclusively than those without cannabis use disorder. Respondents with inhalant/solvent use disorder were associated with 3.33 times the odds of exclusive chewing tobacco. In conclusion, this study highlights the specific links of anxiety disorder, alcohol, cannabis, and inhalant/solvent use disorders with different types of smokeless tobacco use.

On the data consumption benefits of accepting increased uncertainty

In the context of learning paradigms of identification in the limit, we address the question: why is uncertainty sometimes desirable? We use mind change bounds on the output hypotheses as a measure of uncertainty, and interpret ‘desirable’ as reduction in data memorization, also defined in terms of mind change bounds. The resulting model is closely related to iterative learning with bounded mind change complexity, but the dual use of mind change bounds — for hypotheses and for data — is a key distinctive feature of our approach. We show that situations exists where the more mind changes the learner is willing to accept, the lesser the amount of data it needs to remember in order to converge to the correct hypothesis. We also investigate relationships between our model and learning from good examples, set-driven, monotonic and strong-monotonic learners, as well as class-comprising versus class-preserving learnability.

On the data consumption benefits of accepting increased uncertainty

In the context of learning paradigms of identification in the limit, we address the question: why is uncertainty sometimes desirable? We use mind change bounds on the output hypotheses as a measure of uncertainty and interpret ‘desirable’ as reduction in data memorization, also defined in terms of mind change bounds. The resulting model is closely related to iterative learning with bounded mind change complexity, but the dual use of mind change bounds — for hypotheses and for data — is a key distinctive feature of our approach. We show that situations exist where the more mind changes the learner is willing to accept, the less the amount of data it needs to remember in order to converge to the correct hypothesis. We also investigate relationships between our model and learning from good examples, set-driven, monotonic and strong-monotonic learners, as well as class-comprising versus class-preserving learnability.

Cryptographic Software Export Controls in the EU

Certain software products employing digital techniques for encryption of data are subject to export controls in the EU Member States pursuant to Community law and relevant laws in the Member States. These controls are agreed globally in the framework of the so-called Wassenaar Arrangement. Wassenaar is an informal non-proliferation regime aimed at promoting international stability and responsibility in transfers of strategic (dual-use) products and technology. This thesis covers provisions of Wassenaar, Community export control laws and export control laws of Finland, Sweden, Germany, France and United Kingdom. This thesis consists of five chapters. The first chapter discusses the ratio of export control laws and the impact they have on global trade. The ratio is originally defence-related - in general to prevent potential adversaries of participating States from having the same tools, and in particular in the case of cryptographic software to enable signals intelligence efforts. Increasingly as the use of cryptography in a civilian context has mushroomed, export restrictions can have negative effects on civilian trade. Information security solutions may also be took weak because of export restrictions on cryptography. The second chapter covers the OECD's Cryptography Policy, which had a significant effect on its member nations' national cryptography policies and legislation. The OECD is a significant organization,because it acts as a meeting forum for most important industrialized nations. The third chapter covers the Wassenaar Arrangement. The Arrangement is covered from the viewpoint of international law and politics. The Wassenaar control list provisions affecting cryptographic software transfers are also covered in detail. Control lists in the EU and in Member States are usually directly copied from Wassenaar control lists. Controls agreed in its framework set only a minimum level for participating States. However, Wassenaar countries can adopt stricter controls. The fourth chapter covers Community export control law. Export controls are viewed in Community law as falling within the domain of Common Commercial Policy pursuant to Article 133 of the EC Treaty. Therefore the Community has exclusive competence in export matters, save where a national measure is authorized by the Community or falls under foreign or security policy derogations established in Community law. The Member States still have a considerable amount of power in the domain of Common Foreign and Security Policy. They are able to maintain national export controls because export control laws are not fully harmonized. This can also have possible detrimental effects on the functioning of internal market and common export policies. In 1995 the EU adopted Dual-Use Regulation 3381/94/EC, which sets common rules for exports in Member States. Provisions of this regulation receive detailed coverage in this chapter. The fifth chapter covers national legislation and export authorization practices in five different Member States - in Finland, Sweden, Germany, France and in United Kingdom. Export control laws of those Member States are covered when the national laws differ from the uniform approach of the Community's acquis communautaire. Keywords: export control, encryption, software, dual-use, license, foreign trade, e-commerce, Internet

Synthetic biology: a utilitarian perspective

I examine the positive and negative features of synthetic biology (‘SynBio’) from a utilitarian ethical perspective. The potential beneficial outcomes from SynBio in the context of medicine are substantial; however it is not presently possible to predict precise outcomes due to the nascent state of the field. Potential negative outcomes from SynBio also exist, including iatrogenesis and bioterrorism; however it is not yet possible to quantify these risks. I argue that the application of a ‘precautionary’ approach to SynBio is ethically fraught, as is the notion that SynBio-associated knowledge ought to be restricted. I conclude that utilitarians ought to support a broadly laissez-faire stance in respect of SynBio.

Controlling the Shadow Trade

From tackling illicit flows of small arms to combating nuclear smuggling, the shadow trade has become a central target of attempts to control the means of violence. This article argues that much of this practice and literature is framed in unhelpful terms that posit two distinct worlds, an upperworld and underworld, that separates illicit flow networks from the familiar world of state security policy. This implies that the possibilities for controlling the shadow trade are limited or require expansive and expensive controls. The article then examines the formation of illicit flow networks, drawing on examples including narcotics, small arms, nuclear materials, nuclear technology, major conventional arms, dual use technologies, and chemical weapons precursors; and finds that state and hybrid actors rather than extensive private networks are constitutive of illicit networks in many ways. It concludes by reclaiming hope for controlling the means of violence in this hybridity.

Tecnologia vinagreira: desenvolvimento de novos produtos vinagreiros na ESAS

O vinagre é obtido por dupla fermentação alcoólica e acética de substâncias de origem agrícola, possuindo cada tipo um flavour particular, função dos substratos e tecnologia usados, mantendo gosto sui generis ácido. A sua aptidão tecnológica viabiliza o fabrico de múltiplos produtos, macerando especiarias, plantas, etc, conduzindo ao enriquecimento da matriz, cujo perfil químico ganha complexidade e novas características sensoriais/funcionais. A picklagem fresh pack é um processo alternativo de conservação em vinagre, sem fermentação. Com vinagres de fermentação submergida, desenvolveram-se na ESAS (2009-2013), dois vinagres e um vinagrete com adições e um pickles de frutos doces, articulando ensaios tecnológicos, laboratoriais e sensoriais. Concebidos como produtos gourmet, pretendeu-se oferecer inovação e conveniência. Além do longo tempo de vida de prateleira, evidencia-se: 1) no vinagre de vinho branco com mirtilo –a mais-valia de preservar o fruto inteiro, por efeito de picklagem; 2) no vinagre agridoce, de vinho tinto Touriga Nacional com mel e especiarias –uma tónica agridoce equilibrada e actual; 3) no vinagrete de laranja aromatizado –a complexidade aromática aliada à sensação de frescura na boca; 4) no pickles fresh pack de pera-abacaxi agridoce –novidade e dupla utilização: consumida a fruta, a infusão utiliza-se como vinagre de mesa (aptidão incomum em pickles).---Vinegar is obtained by double fermentation alcoholic and acetic of substances from agricultural origin, each type having one particular flavor, due to the technology and the substrates used, while maintaining sui generis acid taste. Its technological aptitude enables the manufacture of multiple products, macerating spices, plants, leading to the enrichment of the matrix whose chemical profile becomes increasingly complex with new sensory/functional characteristics. The fresh pack process is an alternative process of pickling, without fermentation. With submerged fermentation vinegar, two vinegars and a vinaigrette with additions and pickled sweet fruits were developed in ESAS (2009-2013), articulating technological, laboratory and sensory tests. Designed as gourmet products, intended to provide innovation and convenience. In addition to the long shelf life, stands out: 1) in white wine vinegar with blueberries – the added value of preserving the whole fruit by pickling effect, 2) in bittersweet red wine vinegar, Touriga Nacional with honey and spices – the sweet and sour taste, balanced and fashionable; 3) in flavored orange vinaigrette – the aromatic complexity coupled with the fresh sensation in the mouth, 4) in the fresh pack sweet and sour pickles with pear-pineapple – the innovation and dual-use: consumed the fruit, infusion is used as table vinegar (unusual application for pickles).

Le concept de double-usage de la recherche : un outil diagnostique de l’analyse éthique des risques associés aux usages neuroamélioratifs de la recherche en neurosciences

Les technologies de stimulations transcrâniennes – tel que la tDCS ou la TMS – présentent à l’heure actuelle d’intéressantes perspectives thérapeutiques, tout comme diverses améliorations cognitives chez le sujet « non-malade » dont découlent des applications neuroamélioratives, plus ou moins imminentes, en dehors du cadre clinique ou investigatoire. Est proposé ici d’analyser les risques associés à ces applications, détournées des objectifs premiers de recherche, et aux préoccupations éthiques qui les accompagnent (autonomie, justice, intégrité physique), via un concept généralement associé aux recherches avec des perspectives de sécurité nationale et associées à un niveau de risque élevé. Révisant la trivialité d’une définition dichotomique aux usages « bons » et « mauvais », est proposé d’étendre le concept de « double-usage » pour l’appliquer à la neuroamélioration comme un mésusage de la recherche en neurosciences. Faisant référence au conflit entre, d’une part, le respect de la liberté académique et, d’autre part, la protection de la sécurité et de la santé publique, ce concept s’avère être un outil diagnostique pertinent pour l’évaluation des risques associés à l’usage mélioratif desdites technologies, et plus particulièrement de la tDCS, afin d’alimenter la réflexion sur la régulation de ces dispositifs en amont de leur utilisation, selon un principe de précaution inhérent au double-usage de la recherche. Ce concept permet ainsi de réfléchir à la mise en place d’une gouvernance proactive et contextualisée impliquant une responsabilité partagée d’un large panel d’acteurs, nécessaire au vu des avancées rapides du domaine des neurosciences et de l’imminence de l’arrivée sur le marché de ces dispositifs.

Financing European Defence: Time to Call the European Investment Bank? IES Policy Brief Issue 2014/05/July 2014

Summary. Financing research and development programmes have never been more expensive in Europe. Defence budgets are on the wane, international competition is fierce and high-end technologies are increasingly expensive. Europe’s defence-industrial base is under significant strain, and options are needed to fund elements of a sector that is still crucial to Europe’s security and industry. This Policy Brief argues that the European Investment Bank could play a much greater role in Europe’s defence sector. As a public-private institution the Bank could serve as a life-line to defence R&D, dual-use projects and support for SMEs, especially where regional clusters are involved.

The Effects of Sanctions and Counter-Sanctions on EU-Russian Trade Flows. CEPS Commentary, 5 July 2016

After Russia annexed Crimea in early 2014 and then intervened, manu militari, in the Eastern part of Ukraine, the European Union wanted to show its disapproval and put pressure on Russia to change its behaviour. A wide variety of measures were taken, including the imposition of individual restrictions, such as asset freezes and travel bans, but also the suspension of development loans from the EBRD. But the EU (together with the United States) also took, in July and September 2014, a set of broader measures: limited access to EU primary and secondary capital markets for targeted Russian financial institutions and energy and defence companies; export and import bans on trade in arms; an export ban for dual-use goods and reduction of Russia’s access to sensitive technologies and services linked to oil production.