What are the limits of the Spanish government's arms embargo?

MadridThe decree of the Spanish government by the arms embargo on Israel arrives in Congress this Tuesday without the guaranteed support, although the Yeah Junts's proposal paves the way for a final green light. One of the reasons the plurinational bloc hasn't closed ranks on the initiative is its level of ambition. For parties like ERC, the BNG, and Podemos, it's low, and in fact, it was these parties that pressured the government to ban arms trade with Benjamin Netanyahu's government. After almost two years of offensive against the Palestinian population with thousands of deaths. Podemos has taken the harshest tone. With the favorable votes of all its partners and their abstention, the law would pass.

This feeling of a watered-down embargo, however, is also shared by pro-Palestinian organizations. "[The decree] is minimal," acknowledges Alys Samson, a member of the Coalition for Enough Complicity with Israel, in a conversation with ARA. She also believes that if it doesn't pass, it would be bad news: "It's not what we asked for, but it's a small step forward. Let it be validated and improved with amendments," she adds. The Spanish government has defended that it has gone as far as the law allows and has recognized "limits." What are they?

The planned exceptions

One of the points of concern is the exception that allows the Council of Ministers to amend the decree itself. It can lift the ban on the purchase or sale of military and dual-use material originating in or destined for Israel for reasons of "general interest." It can also terminate the entire decree, or part of it, at any time. What would happen to the decree if the ceasefire movement accelerates?

For the Enough Complicity Coalition, the embargo should be "permanent and based on objective criteria," Samson argues. "The justification can be whatever the Council of Ministers wants because many things fit under the umbrella of the general interest," adds Eduardo Melero, a researcher at the Delàs Center. Political parties such as Sumar, ERC, and the BNG have called for changes to this exception.

Doubts about the entry and exit of material

The decree states that requests for authorization for traffic through ports and airports for this material, including those pending approval, are "denied." Likewise, fuel trafficking to Israel for military purposes is prohibited. The main question is how this will be controlled. That is, not only whether there will be sufficient inspections, but also whether they will be exhaustive. "It's very difficult," says Samson, who believes these inspections should be mandatory.

The decree refers to Law 53/2007, of December 28, on the control of foreign trade in defense and dual-use material, regarding the control of this traffic. It establishes a sanctioning regime for violations, but does not provide for reinforcement. The Ministry of Defense and the Trade Department of the Ministry of Economy should be responsible. "As has happened at other times in history, customs will be especially vigilant with imports and exports [of these products] of Israeli origin," Spanish government sources simply stated.

US military bases

Another limitation is the application of the US bases in Rota and Morón de la Frontera, Spain. The regulation has no effect on them because their use by the US is governed by a bilateral treaty, so it will be difficult to control the entry and exit of military and dual-use material coming from Israel or going to the country. The Spanish government has excused itself by citing international treaties.

Are the contracts voided?

The Delàs Center has also focused on the cancellation of contracts the Spanish government has with Israeli companies that supply this type of material. Thus, for example, researcher Eduardo Melero interprets that in cases such as the supply of 168 Spike LR2 missile systems, the "publication" of the award notice is annulled, but "not the award of the contract, which remains in effect."

In fact, organizations such as the Delàs Center, as well as Prou ​​Complicidad, have repeatedly denounced the lack of transparency regarding current public contracts for the Ministries of Defense and the Interior. Although the decree requires the Spanish government to appear quarterly to render accounts, it demands "public and verifiable access to the data," Samson indicates.

The Spanish government has asserted that the Ministry of Defense's "disconnection" with Israel is complete. Business sources consulted by ARA indicate that this is not impossible, but they acknowledge that it requires "adaptation, time, and money." "We have to be honest: for many years we have relied on licenses for purely Israeli technology. Can we replace it? Does anyone have a solution? Perhaps so, but it's not a quick fix."

Can the real origin be known?

Another concern is tracing military equipment entering Spain and the possibility that its true origin could be obscured. Spanish government sources acknowledged when the decree was approved that there could be "intermediate stations," that is, stops along the way to other countries, which would dilute the Israeli footprint. "If it is discovered that triangulation has been used, the consequences are serious. The system is a deterrent to prevent this from happening," they argued.

Various organizations, however, have expressed suspicion about this. They also expressed suspicion about the fact that the import ban is mentioned but the "introduction of goods" is not mentioned, recalls the researcher from the Delàs Center. Legally, "introduction" is understood to mean the movement of goods between EU Member States. Thus, for example, if material is purchased in a European country, such as Italy, we would be talking about an "introduction" because it is already in the EU, but this does not mean that it was not a product previously imported from Israel or that it includes components from Israel.

Purchasing from other countries is also a concern. The Spanish government has already stated that it is working hard to find alternatives to Israel. To begin with, not all alternatives involve looking to the Spanish or European defense industry. Among these countries, the US and Turkey stand out, which has long sought to gain a foothold in Europe in the military industry. "Turkey is growing, but it cannot be compared to Israel's industry. Who is to say that Turkey doesn't buy anything from Israel?" reflects the same source as before, who places technology related to communications or artificial intelligence among the products that are most difficult to replace. "Ammunition, on the other hand, is more so," he indicates.

Paying attention to the postal codes

The other difficulty is differentiating between products made in Palestine or Israel—the decree includes a ban on the import of products from illegal settlements. The Ministry of Foreign Affairs has not yet compiled a list of the locations and postal codes of the goods so that customs can exclude the banned products. The majority, Spanish government sources explained, are dates.