2000 International Traffic in Arms Regulations

NOTICES PUBLISHED IN THE FEDERAL REGISTER DURING 2000
DEPARTMENT OF STATE, OFFICE OF DEFENSE TRADE CONTROLS
INTERNATIONAL TRAFFIC IN ARMS REGULATIONS
(22 CFR Part 120 et seq.)

NOTE: CHANGES TO THE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS LISTED BELOW ARE NUMBERED CONSECUTIVELY, BEGINNING IN JANUARY OF THE NEW YEAR.

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1. Munitions Exports Involving China National Aero-Technology Import and Export Corporation (CATIC), China National Aero-Technology International Supply Company, CATIC (USA), Inc., Tal Industries, Inc., Yan Liren and Hu Boru (Employees of CATIC), McDonnell Douglas Corporation, Douglas Aircraft Company, and Robert Hitt (Employee of McDonnell Douglas and Douglas Aircraft) (65 FR 2220 on January 13, 2000)

Commentary: The Office of Defense Trade Controls has given notice that it shall be the policy of the Department of State to deny all export license applications and other requests for approval pursuant to Section 38 of the Arms Export Control Act. This includes requests for authorization for the export, the brokering activity involving, the transfer by, for or to, or transactions that involve directly or indirectly by or to: China National Aero-Technology Import and Export corporation (CATIC), China National Aero-Technology International Supply Company, CATIC (USA) Inc., Tal Industries, Inc., Yan Liren, Hu Boru, McDonnell Douglas Corporation, Douglas Aircraft Company and Robert Hitt, and any of their subsidiaries, affiliates, or successor entities in connection with transactions involving defense articles or defense services. This policy also precludes the use in connection with such entities of any exemptions from license or other approval included in the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130) except as those exemptions directly pertain to licenses or other written approvals granted prior to October 19, 1999.

2. Bureau of Political-Military Affairs; Suspension of Munitions Export Licenses and Other Approvals Destined for Kazakhstani and Czech Companies and Related Matters (65 FR 7902 on February 16, 2000)

Commentary: The Department of State has given notice that pursuant to Section 38 of the Arms Export Control Act (22 U.S.C. 2778) and Section 126.7 of the International Traffic and Arms Regulations, all licenses and other approvals for defense articles and defense services involving certain Kazakhstani and Czech entities and individuals, identified below, are suspended, effective immediately. Notice is also given that it is the policy of the United States to deny licenses, other approvals, exports and temporary imports of defense articles and defense services destined for these entities and individuals. Notice is further given that the Department of State has asked the Department of Treasury to take all necessary steps to prohibit the import of all defense articles enumerated in the U.S. Munitions list from these entities or individuals and that importers are asked to inform the Bureau of Alcohol, Tobacco and Firearms, Department of Treasury if they have currently valid import permits for imports of defense articles from any of these entities or individuals. The entities and individuals are: (1) Uralsk Plant Metallist (including at 1 Urdinskaya Street, City of Uralsk, Republic of Kazakhstan 417024); (2) Agroplast, a.s. (including at E. Benese Square 13, Liberec, Czech Republic); (3) Petr Pernicka (including at 26/2 Soukenne Square, Liberec, Czech Republic); (4) Zbynek Svejnoha (including at 603/4 Vodnyanska, Liberec 14, Czech Republic); and (5) Alexander Petrenko (Kazakhstani citizen, presently resident in the Republic of Kazakhstan).

3.Office of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (65 FR 12608 on March 9, 2000)

4. Statutory Debarment Under the International Traffic in Arms Regulations Involving Orbit/FR, Inc. (65 FR 13072 on March 10, 2000)

Commentary: The Department of State is giving notice that Orbit/FR, Inc. is statutorily debarred pursuant to Section 127.7(c) of the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130). It shall be the policy of the Department of State to deny all export license applications and other requests for approval involving Orbit/FR, Inc. directly or indirectly.

5. Bureau of Nonproliferation; Determination Under the Arms Export control Act (65 FR 20239 on April 14, 2000)

Commentary: Pursuant to Section 654(c) of the Foreign Assistance Act of 1961, as amended, notice is hereby given that the Secretary of State has made a determination pursuant to Section 73 of the Arms Export Control Act and has concluded that publication of the determination would be harmful to the national security of the United States.

6. Bureau of Nonproliferation, Imposition of Missile Proliferation Sanctions Against Entities in North Korea and Iran (65 FR 20239 on April 14, 2000)

Commentary: The United States Government has determined that entities in North Korea and Iran have engaged in missile technology proliferation activities that require imposition of sanctions pursuant to the Arms Export Control Act, as amended, and the Export Administration Act of 1979, as amended (as carried out under Executive Order 12924 of August 19, 1994). These entities are Changgwang Singyong Corporation (North Korea) and its sub-units, successors, and affiliated companies; The Ministry of Defense and Armed Forces Logistics (MODAFL) (Iran) and its sub-units and successors; Aerospace Industries Organization (AIO)(Iran) and its sub-units and successors; Shahid Hemmat Industrial Group (SHIG)(Iran) and its sub-units and successors; and SANAM Industrial Group (Iran) and its sub-units and successors. Accordingly, for a period of two years, individual licenses for items controlled pursuant to the Export Administration Act of 1979 and items controlled pursuant to the Arms Export control Act will be denied; no new United States Government contracts involving the entities described above will be entered into for two years; and no products produced by the entities described above will be imported into the United States for two years. Because North Korea is a country with a non-market economy that is not a former member of the Warsaw Pact, it is subject to additional sanctions.

7. Office of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (65 FR 20505 on April 17, 2000)

8. Office of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (65 FR 32145 on May 22, 2000)

Commentary: The Department of State has published a Notification of Proposed Commercial Export Licenses to Congress that exceed the $50,000,000 Congressional Notification thresholds. The licenses are for exports to Australia, Egypt, France, Germany, Japan, and Saudi Arabia. The Department of State has also published a Notification of a Manufacturing License for Japan.

9. Exports of Commercial Communications Satellite Components, Systems, Parts, Accessories, and Associated Technical Data (65 FR 34089 on May 26, 2000)

Commentary: The Department of State has published an interim final rule that amends the International Traffic in Arms Regulations (ITAR) by establishing a new regulatory regime for communication satellite related exports to U.S. allies. The ITAR amendment concerns the special satellite regime involving U.S. allies, provided for by authorizing legislation for exports and re-exports of U.S. Munitions List controlled articles for satellites to, within and among the territories of the member countries of NATO (Belgium, Canada, Czech Republic, Denmark, France, Germany, Greece, Hungary, Iceland, Italy, Luxembourg, Netherlands, Norway, Poland, Portugal, Spain, Turkey, United Kingdom and the United States) and countries that have been designated pursuant to the Foreign Assistance Act of 1961, as amended, as major non-NATO allies (Australia, New Zealand, Japan, Israel, Egypt, Jordan, Republic of Korea and Argentina).

The special satellite regime has three principal features. The first is the ability to use high volume licenses (e.g. known in the trade as “bulk” licenses) for exports of specifically designed or modified components, parts, systems, accessories, attachments and certain associated technical data for commercial communications satellites under specified conditions for multiple shipments to any of the NATO or major non-NATO allies.

The second principal feature concerning use of this regime is that all eligible articles for export must be confined to an approved list of foreign aerospace firms located within the territories of U.S. allies for use in an approved list of commercial communications satellite programs of U.S. allies. The lists of foreign aerospace firms and commercial communications satellite programs included within the coverage of this regime will be kept under scrutiny by the U.S. Government and made publicly available on ODTC’s Website and by other means. New firms and programs will be added to these lists following scrutiny within the U.S. Government (and approved for inclusion within the regime) in light of proposals from U.S. aerospace firms through export license applications.

Third, when exporting pursuant to the special regime, it is not necessary under specified conditions for U.S. exporters to provide in advance the details of purchase orders or contracts, or non transfer and end use certificates (e.g., form DSP-83) where they may be required. While all of this documentation will continue to be mandatory, and while exporters will continue to be required to ascertain the specific end users and end uses prior to export or re-export, the required documentation will only be required to be furnished to ODTC within 15 days following shipment from the United States (or re-transfer within the approved territory), at which time U.S. exporters will report the appropriate shipping information (description of the item, quantity, value, port of exit, end user, and country of destination) and furnish the required documentation.

10. Office of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (65 FR 36752 on June 9, 2000)

Commentary: The Department of State has published a Notification of Proposed Commercial Export Licenses to Congress that exceed the $50,000,000 Congressional Notification thresholds. The licenses are for exports to Canada, Israel, Japan, Norway, Russia, Saudi Arabia, Turkey, Ukraine, and the United Kingdom. The Department of State has also published a Notification of a Manufacturing License for the Republic of Korea.

11. Bureau of Nonproliferation; Determination Under the Foreign Assistance Act (65 FR 39219 on June 23, 2000)

Commentary: The Department of State, pursuant to Section 654(c) of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2378), notice is hereby given that the Acting Assistance Secretary of State for Nonproliferation has made a determination pursuant to Section 620H of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2378), and Section 549 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000 (enacted by reference in P.L. 106-113), and analogous provisions in previous year Foreign Operations, Export Financing and related Programs Appropriations Acts, and has concluded that publication of the determination would be harmful to the national security of the United States.

12. Office of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (65 FR 43796 on July 14, 2000)

Commentary: The Department of State has published a Notification of Proposed Commercial Export Licenses to Congress that exceed the $50,000,000 Congressional Notification thresholds. The licenses are for exports to Australia, Belgium, Bosnia, Canada, Denmark, Egypt, France, French Guiana, Germany, Grece, Herzegovina, Italy, Japan, Kazakhstan, Republic of Korea, The Netherlands, Norway, Russia, Sweden, Turkey and the United Kingdom. The Department of State has also published a Notification of a Manufacturing Licenses for the Canada, France, Japan and the Republic of Korea.

13. Amendment to the International Traffic in Arms Regulations: NATO Countries, Australia and Japan (65 FR 45282 on July 21, 2000)

Commentary: The Department of State has amended the International Traffic in Arms Regulations (ITAR) to implement reforms announced by the Secretary of State at the NATO Ministerial in Florence, Italy on May 24, 2000. The reforms of the U.S. export controls system are available to NATO Allies, Japan and Australia and are intended to streamline the U.S. defense export control licensing process and forge closer industrial linkage between the U.S. and allied defense suppliers. Part 124 of the ITAR is amended to permit U.S. companies to perform, using an exemption, certain maintenance and maintenance training for NATO government, Australia and Japan on U.S. origin inventoried defense articles. Part 125 has been amended to provide authorization, without a license, to transfer technical data to support procurement of defense articles from defense firms in NATO countries, Australia and Japan for use in the United States. This amendment also establishes four comprehensive export authorizations for use in circumstances where the full parameters of a commercial export endeavor, including the needed defense exports, can be well anticipated and described in advance. This rule becomes effective on September 1, 2000.

14. Amendment to the International Traffic in Arms Regulations: FMS LOA Authorized Defense Services (65 FR 45286 on July 21, 2000)

Commentary: The Department of State has amended the International Traffic in Arms Regulations (ITAR) § 126.6, Foreign-owned military aircraft and naval vessels, and the Foreign Military Sales program to clarify the use of the exemption when providing defense services authorized by the Foreign Military Sales (FMS) Program. This rule clarifies the exemption on the basis of specific criteria and will assist registered defense firms by making it clear when to use the exemption to provide defense services authorized by the Department of Defense in an LOA.

15. Office of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (65 FR 50037 on August 16, 2000)

Commentary: The Department of State has published a Notification of Proposed Commercial Export Licenses to Congress that exceed the $14,000,000 and 50,000,000 Congressional Notification thresholds. The licenses are for exports to Australia, France, Germany, Helsinki, Italy, Japan, Jordan, Russia, Saudi Arabia, Sweden, The Netherlands, and the United Kingdom. The Department of State has also published a Notification of a Manufacturing Licenses for Canada, Finland, Spain, and the United Kingdom.

16. Office of Defense Trade Controls; Designation of a Foreign Terrorist Organization (65 FR 57641 on September 25, 2000)

Commentary: The Secretary of State has designated The Islamic Movement of Uzbekistan as a foreign terrorist organization, pursuant to Section 219 of the Immigration and Naturalization Act (“INA”), as added by the Antiterrorism and Effective Death Penalty Act of 1996, Public Law 104-132, section 302, 110 Stat. 1214, 1248 (1996) and amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Public Law 104-208, 110 Stat. 3009 (1996).