1. Office of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (66 FR 843 on January 4, 2001)

Commentary: The Department of State has published a Notification of Proposed Commercial Export Licenses to Congress that exceeds the $50,000,000 Congressional Notification thresholds. The licenses are for exports to Algeria, Australia, Belgium, Bermuda, Canada, France, Germany, Hong Kong, Israel, Italy, Japan, Norway, Sweden and The United Kingdom.  The Department of State has also published Notification of Manufacturing Licensing Agreements with Japan and Italy.

2. Imposition of Nonproliferation Measures Against a North Korean Entity, Including Ban on U.S. Government Procurement (66 FR 4050 on January 17, 2001)

Commentary: The Department of State has made a determination that a North Korean entity has engaged in activity that require the imposition of measures pursuant to section 2 of the Iran Nonproliferation Act of 2000.   This entity is Changgwang Sinyong corporation (North Korea), and any successor, subunit, or subsidiary thereof.

3. Bureau of Political-Military Affairs; Export of C-130 Spare Parts for Indonesia (66 FR 7836 on January 25, 2001)

Commentary: The Bureau of Political Military Affairs has given notice that requests for export and retransfer of C-130n spare parts to Indonesia pursuant to Section 38 of the Arms Export Control Act will be considered on a case-by-case basis.

4. Bureau of Political-Military Affairs; Amendments to the International Traffic in Arms Regulation; Canadian Exemption (66 FR 10575 on February 16, 2001)

Commentary: The Bureau of Political Military Affairs has amended the Canadian Exception of the International Traffic in Arms Regulations (ITAR) to change the authorized end-users to Canadian Federal or Provincial government authority acting in an official capacity or a Canadian-registered person.

The amendment also adds a new defense service exception that provides registered United States and Canadian-registered persons the ability to, without obtaining a license, work together to respond to U.S. and Canadian Government request for a quote or a bid proposal.  This amendment also permits exchanges necessary to respond to a registered U.S. company’s request to produce, design, assemble, maintain or service a defense article.  In order to utilize this amendment, U.S. exporters are advised to ensure that they can meet all the criteria prior to export and that adequate records of disclosure are maintained to verify that only the information exempt is exported.

Also, the list of items requiring a license prior to export is amended to include a requirement to obtain a license prior to export to Canada for all technical data and defense services for gas turbine engine hot sections covered under Categories VI(f) and VIII(b) – not to include hardware; developmental aircraft, engines, and components identified in Category VIII(f); all Category XII(c), except 1^st- and 2^nd-generation image intensification tubes and 1^st- and 2^nd-generation image intensification night sighting equipment and end items in Category XII(c) and related technical data limited to basic operations, maintenance and training information as authorized under exception in Section 125.4(b)(5) when exported directly to a Canadian Government; chemical agents listed in Category XIV(a), biological agents in Category XIV(b), and equipment listed in Category XIV(c) for dissemination of the chemical agents and biological agents in (a) and (b); nuclear radiation-measuring devices manufactured to military specifications listed in XIV(d); all spacecraft in Category XV(a), except commercial communications satellites; XV(c), except end items when for use by the Federal Government of Canada; Category XV(d); certain systems, components and parts included within the coverage of XV(e); and miscellaneous articles covered by Category XXI.

It remains the responsibility of the U.S. exporter of record to determine, in writing, the Canadian end-user, end-use, that the Canadian recipient is registered with the Canadian Government, and that the defense articles are for end-use in Canada and not for reexport or retransfer to another foreign destination.  Should this information not be available or the export has knowledge or reason to know that the export would result in a transfer or sale to a proscribed destination (see 126.1), this exemption is not available.

5. Department of State; General Policies and Provisions; CFR Correction (66 FR 12738 on February 16, 2001)

Commentary: The Department of State has published a CFR Correction.  In Title 22 of the Code of Federal Regulations, parts 1 to 299, revised as of April 1, 2000, in part 126, beginning on page 469, the second §126.5 is removed. 

6. Office of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (66 FR 14241 on March 9, 2001)

Commentary: The Department of State has published a Notification of a Proposed Commercial Export License to Congress that exceeds the $14,000,000 Congressional Notification threshold. The license is for an export to Turkey.  The Department of State has also published Notification of a proposed license for the export of defense articles to India.

7. Bureau of Political-Military Affairs; Third Country Exports through Indonesia (66 FR 16085 on March 22, 2001)

Commentary: The Department of State has published a Notice stating that requests for export and retransfer of defense articles and defense services to Indonesia for ultimate end-use by a third-country, pursuant to Section 38 of the Arms Export Control Act, will be considered on a case-by-case basis.

8. Office of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (66 FR 18680 on April 10, 2001)

Commentary: The Department of State has published a Notification of Proposed Commercial Export Licenses to Congress that exceed the $50,000,000 Congressional Notification threshold for exports to Japan and Russia.

9. Office of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (66 FR 22061 on May 2, 2001)

Commentary: The Department of State has published a Notification of Proposed Commercial Export Licenses to Congress that exceed the $50,000,000 Congressional Notification threshold for exports to Australia, Belgium, Brazil, Canada, French Guiana, Germany, Italy, Japan, Kazakhstan, Luxembourg, Norway, Republic of Korea, Russia, and Spain. The Department of State has also published a Notification of Manufacturing License Agreements with France, Greece, Japan, Italy, the Republic of Korea and the United Kingdom.  The Department of State has published a Notification of Proposed Technical Assistance Agreements between Canada, Australia and New Zealand; and with Israel. 

10. Bureau of Political-Military Affairs; Denial Policy of Munitions Export Licenses to Afghanistan (66 FR 23310 on May 8, 2001)

Commentary: The Department of State, Bureau of Political Military Affairs has published a notice that all licenses and other approvals to export or otherwise transfer defense articles or defense services to the territory of Afghanistan under Taliban control will continue to be denied pursuant to Section 38 of the Arms Export Control Act (AECA) and in accordance with Section 5 of the UN Participation Act (UNPA) and E.O. 12918 and the long standing policy of the United States to deny exports of all defense articles and defense services to Afghanistan.

In accordance with 22 CFR 126.1, the U.S. Government will continue its policy to deny all applications for licenses and other approvals to export or otherwise transfer defense articles and services to Afghanistan, including the territory of Afghanistan under Taliban control. This action also continues to preclude the use in connection with this territory of any exemptions from licensing or other approval (e.g. brokering) requirements available under the International Traffic in Arms Regulations.

11. Foreign Terrorist Organization Designation; Notice (66 FR 27442 on May 16, 2001)

Commentary: The Department of State, Office of the Coordinator for Counterterrorism; Designation of a Foreign Terrorist Organization has designated the following organization as a foreign terrorist organization:  The “Real IRA”; also known as the “Real Irish Republican Army”; also known as “RIRA”; also known as the “32 County Sovereignty Committee”; also known as the “32 County Sovereignty Movement”; also known as the “real Oglaigh na hEireann”; also known as the “Irish Republican Prisoners Welfare Association”.

12. Office of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (66 FR 31268 on June 11, 2001)

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 threshold for exports to Australia, Belgium, Brazil, France, Hong Kong, Israel, Japan, Norway, Republic of Korea, Saudi Arabia, Spain, and the United Kingdom. The Department of Commerce has also published notification of Technical Assistance Agreements with Russia, Kazakhstan, Norway, Ukraine, United Kingdom, Mexico and France.  Lastly, the Department of State has also published a notification of Manufacturing License Agreements with Canada, France, Germany, Italy, Japan, Republic of Korea, Sweden, and Switzerland.  

13. Bureau of Political-Military Affairs; Imposition of Nonproliferation Measures Against a Chinese Entity, Including Ban on U.S. Government Procurement (66 FR 33988 on June 26, 2001)

Commentary: The Department of State, Bureau of Political Military Affairs has made a determination that a Chinese entity has engaged in activity that requires the imposition of measures pursuant to Section 3 of the Iran Nonproliferation Act of 2000.  The entity is Jiangsu Yongli Chemicals and Technology Import and Export Corporation (China) and any successor, sub-unit, or subsidiary thereof. The following measures are imposed:  (1) No department or agency of the United States Government may procure, or enter into any contract for the procurement of, any goods, technology, or services from the foreign person; (2) No department or agency of the United States Government may provide any assistance to the foreign person, and that person shall not be eligible to participate in any assistance program of the United States Government; (3) No United States Government sales to the foreign person of any item on the United States Munitions List (as in effect on August 8, 1995) are permitted, and all sales to that person of any defense articles, defense services, or design and construction services under the Arms Export Control Act are terminated; and (4) No new individual licenses shall be granted for the transfer to the foreign person of items, the export of which is controlled under the Export Administration Act of 1979 or the Export Administration Regulations, and any existing such licenses are suspended.  These measure are valid for two years, except to the extent that the Secretary of State may subsequently determine otherwise.  A new determination will be made in the event that circumstances change in such a manner as to warrant a change in the duration of sanctions.

14. Bureau of Political-Military Affairs; Imposition of Nonproliferation Measures Against a North Korean Entity, Including Ban on U.S. Government Procurement (66 FR 33988 on June 26, 2001)

Commentary: The Department of State, Bureau of Political Military Affairs has made a determination that a Chinese entity has engaged in activity that requires the imposition of measures pursuant to Section 3 of the Iran Nonproliferation Act of 2000.  The entity is Changgwang Sinyong Corporation (North Korea) and any successor, sub-unit, or subsidiary thereof. The following measures are imposed:  (1) No department or agency of the United States Government may procure, or enter into any contract for the procurement of, any goods, technology, or services from the foreign person; (2) No department or agency of the United States Government may provide any assistance to the foreign person, and that person shall not be eligible to participate in any assistance program of the United States Government; (3) No United States Government sales to the foreign person of any item on the United States Munitions List (as in effect on August 8, 1995) are permitted, and all sales to that person of any defense articles, defense services, or design and construction services under the Arms Export Control Act are terminated; and (4) No new individual licenses shall be granted for the transfer to the foreign person of items, the export of which is controlled under the Export Administration Act of 1979 or the Export Administration Regulations, and any existing such licenses are suspended.  These measure are valid until April 6, 2002, except to the extent that the Secretary of State may subsequently determine otherwise.  A new determination will be made in the event that circumstances change in such a manner as to warrant a change in the duration of sanctions.

15. Amendment to the International Traffic in Arms Regulation:  Sweden (66 FR 35899 on July 10, 2001)

Commentary:  The Bureau of Political Military Affairs has published a rule amending the International Traffic in Arms Regulations to extend a recent reform of the U.S. defense trade export control system, originally intended to benefit NATO, Australia and Japan, to Sweden.  The recent reforms were 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 International Traffic In Arms Regulations is now being amended to permit U.S. companies to perform, using an exemption, certain maintenance and maintenance training for US-origin defense articles in the inventory of Sweden.  Part 125 is amended to provide authorization, without a license, to transfer certain technical data to support procurement of defense articles from defense firms in Sweden for use by the Department of Defense.  In addition, under Part 126, the 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, is now available for Sweden.

16. Bureau of Political-Military Affairs; Amendments to the International, Traffic in Arms Regulation:  Canadian Exemption (66 FR 36834 on July 13, 2001)

Commentary:  The Bureau of Political Military Affairs has published corrections to rule document 01-3877 beginning on page 10575 in the issue of February 16, 2001.

17. Office of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (66 FR 39072 on July 26, 2001)

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 threshold for exports to Canada, Japan, Sweden, and Taiwan. The Department of Commerce has also published notification of Technical Assistance Agreements with France and The Netherlands. 

18. Office of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (66 FR 44396 on August 31, 2001)

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 threshold for exports Austria, Egypt, France, Israel, Italy, Japan, Canada, Japan, Government of Korea, The Netherlands, New Zealand, Saudi Arabia, and Singapore. The Department of Commerce has also published notification of Technical Assistance Agreements with Belgium, Brazil, Canada, Greece, Republic of Korea and Taiwan.  Finally, the Department of State has published notification of Manufacturing License Agreements with Canada, France, Germany, Japan and the United Kingdom.

19. U.N. Arms Embargo of Liberia (66 FR 46491 on September 5, 2001)

Commentary: The Department of State has published notice that all licenses and other approvals to export or otherwise transfer defense articles of defense services to Liberia will continue to be denied pursuant to Section 38 of the Arms Export Control Act (AECA) and section 5 of the U.N. Participation Act (UNPA) in implementation of UN Security Council Resolution 1343.

20. Office of the Coordinator for Counterterrorism; Designation of a Foreign Terrorist Organization (66 FR 47054 on September 10, 2001)

Commentary: The Secretary of Stated has designated, effective September 10, 2001, the following organization as a foreign terrorist organization:  The “United Self-Defense Forces of Colombia”, also knows as the “Autodefensas Unidas de Colombia”, also known as the “AUC”.

21. Bureau of Nonproliferation; Imposition of Missile Proliferation Sanctions Against a Chinese Entity and a Pakistani Entity (66 FR 47256 on September 11, 2001)

Commentary: The Department of State has determined that a Chinese entity and a Pakistani entity have engaged in activities that require the imposition of measures pursuant to the Arms Export Control Act, and the Export Administration Act of 1979, as amended (as carried out under Executive Order 13222 of August 17, 2001).  These entities are National Development Complex (Pakistan) and its sub-units and successors and China Metallurgical Equipment Corporation (a/k/a CMEC, a/k/a MECC) (China) and its sub-units and successors. Sanctions imposed include (A) New individual licenses for exports to the entities described above of MTCR Annex-controlled equipment or technology controlled pursuant to the Export Administration Act of 1979 will be denied for two years; (B) New licenses for exports to the entities described above of MTCR Annex-controlled equipment or technology controlled pursuant to the Arms Export Control Act will be denied for two years; and (C) No new United States Government contracts relating to MTCR Annex-controlled equipment or technology involving the entities described above will be entered into for two years.  With respect to items controlled pursuant to the Export Administration Act of 1979, the export sanctions only apply to exports made pursuant to individual export licenses.

Additionally, because China is a country with a non-market economy that is not a former member of the Warsaw Pact (as referenced in the definition of “person” in section 74(8)(B) of the Arms Export Control Act), the following sanctions shall be applied to all activities of the Chinese government relating to the development or production of missile equipment or technology and all activities of the Chinese government affecting the development or production of electronics, space systems or equipment, and military aircraft:  (A) New licenses for export to the government activities described above of MTCR Annex-controlled equipment or technology controlled pursuant to the Arms Export Control Act will be denied for two years; and (B) No new U.S. Government contracts relating to MTCR Annex-controlled equipment or technology involving the government activities described above will be entered into for two years.

22. Office of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (66 FR 48731 on September 21, 2001)

Commentary: The Department of State has published a Notification of Proposed Commercial Export Licenses to Congress that exceed the $50,000,000 Congressional Notification threshold for exports to Kazakhstan.

23. Redesignation of Foreign Terrorist Organization (66 FR 51088 on October 5, 2001)

Commentary: The Department of State, pursuant to Section 219 of the Immigration and Nationality Act (“INA”), as added by the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, §302, 110 Stat. 1214, 1248 (1996), and amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. No. 104-208, 110 Stat. 2009 (1996), the Secretary of State has redesignated, effective October 5, 2001, a list of organizations as foreign terrorist organizations.  This includes Abu Nidal, Hamas, Hizballah, Shining Path, and numerous other terrorist groups.

24. Bureau of Nonproliferation; Waiver of Certain Missile Proliferation Sanctions Imposed on the Pakistani Ministry of Defense (MOD) (66 FR 56892 on November 13, 2001

Commentary: The Department of State has made a determination, pursuant to Section 73(e) of the Arms Export control Act (22 U.S.C. 2797b(e)) and Section 11B(b)(5) of the Export Administration Act of 1979 (50 U.S.C. app. 2401b(b)(5)), and in accordance with Section 2 of Public Law 107-57, that it is essential to the national security of the United States to waive certain aspects of the missile proliferation sanctions imposed on November 21, 2000, on the Pakistani Ministry of Defense (“MOD”), its subunits and successors, as follows:  The prohibition on exports of items and technology and U.S. Government contracts as described in Section 73(a)(2)(B) of the Arms Export Control Act (22 U.S. C. 2797b(a)(2)(B)) and the prohibition on new individual export licenses as described in Section 11B(b)(1)(B)(ii) of the Export Administration Act of 1979 (50 U.S.C. app. 2410b(b)(1)(B)(ii)) were waived for transactions determined to be needed (1) to support Operation Enduring Freedom and (2) to permit sale and export to Pakistan of defense articles or defense services comparable to those delivery of which was blocked by the imposition of sanctions on May 30, 1998.

The following missile proliferation sanctions will remain in place:

(1)         Sanctions against the Pakistani entities Space and Upper Atmosphere Research Commission (SUPARCO) and National Development Complex (NDC);

(2)         Import sanctions against the Pakistani MOD pursuant to Section 73(a)(2)(C) of the Arms Export Control Act and Section 11B(b)(1)(B)(iii) of the Export Administration Act;

(3)         Prohibition on new State or Commerce export licenses to and new USG contracts with the Pakistani MOD in the absence of a determination that the transaction is within the scope of the waiver described above.

25. Office of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (66 FR 57501 on November 15, 2001)

Commentary: The Department of State has published a Notification of Proposed Commercial Export Licenses to Congress that exceed the $50,000,000 Congressional Notification threshold for exports to Canada, Israel, United Kingdom, and Taiwan.  The Department of State has also published a Notification of Proposed Technical Assistance Agreements with the Republic of Korea, United Kingdom, Japan, and Canada.  The Department of State has also published a Notification of a Proposed Manufacturing License Agreement with South Korea.

The notice also serves as instructions to all U.S. Government agencies as to the procedures for implementing this waiver.  These procedures will remain in effect until November 21, 2002 or until otherwise notified prior to this date.

26. Designation of 39 “Terrorist Organizations” Under the “PATRIOT USA ACT” (66 FR 63620 on December 7, 2001)

Commentary: The Office of the Coordinator for Counterterrorism, Department of State has made a designation, pursuant to Section 411(a)(1)(G) of the Uniting and Strengthening America by providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub. L. No. 107-56, 111 Stat. 272 (“USA PATRIOT Act”), the Secretary of State, in consultation with the Attorney General, hereby designates each group listed below as a “terrorist organization.”  This designation is effective December 7, 2001.

Section 411(a)(1)(G) of the USA PATRIOT Act requires the Secretary of State to find that a group has engaged in terrorism-related activities before designating it as a “terrorist organization.”  This statutory requirement has been satisfied because classified and/or unclassified information available to the Secretary of State contains findings that the named groups have committed, or have provided material support to further, terrorist acts.

The list includes:  Al-Ittihad al-Islami (AIAI); Al-Wafa al-Igatha al-Islamia; Asbat al-Ansar; Darkazanli Company; Salafist Group for Call and Combat (GSPC); Islamic Army of Aden; Libyan Islamic Fighting Group; Makhtab al-Khidmat; Al-Hamati Sweets Bakeries; Al-Nur Honey Center; Al-Rashid Trust; Al-Shifa Honey Press for Industry and Commerce; Jaysh-e-Mohammed; Jamiat al-Ta’awun al-Islamiyya; Alex Boncayao Brigade (ABB); Army for the Liberation of Rwanda (ALIR)—AKA:  Interahamwe, Former Armed Forces (EX-FAR); First of October Antifascist Resistance Group (GRAPO)—AKA:  Grupo de Resistencia Anti-Fascista Premero De Octubre; Lashkar-e-Tayyiba (LT)--AKA:  Army of the Righteous; Continuity Irish Republican Army (CIRA)--AKA:  Continuity Army Council; Orange Volunteers (OV); Red Hand Defenders (RHD); New People’s Army (NPA); People Against Gangsterism and Drugs (PAGAD); Revolutionary United Front (RUF); Al-Ma’unah; Jayshullah; Black Star; Anarchist Faction for Overthrow; Red Brigades-Combatant Communist Party (BR-PCC); Revolutionary Proletarian Nucleus; Turkish Hizballah; Jerusalem Warriors; Islamic Renewal and Reform Organization; The Pentagon Gang; Japanese Red Army (JRA); Jamiat ul-Mujahideen (JUM); Harakat ul Jihad i Islami (HUJI); The Allied Democratic Forces (ADF); and The Lord’s Resistance Army (LRA).

27. Bureau of Political-Military Affairs; Export of Non-lethal Defense Articles to Indonesia (66 FR 65235 on December 18, 2001)

Commentary: The Department of State has published a notification that gives notice that requests for export and retransfer of non-lethal defense articles and spare parts to Indonesia pursuant to Section 38 of the Arms Export Control Act will be considered on a case-by-case basis.

28. Office of the Coordinator for Counterterrorism; Designation of Foreign Terrorist Organizations (66 FR 66492 on December 26, 2001)

Commentary:  Pursuant to Section 219 of the Immigration and Nationality Act (“INA”), as added by the Antiterrorism and Effective Death Penalty Act of 1996, Public Law 104-132, §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), and by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001, the Secretary of State hereby Designates, effective December 24, 2001, the following organizations as foreign terrorist organizations:  Jaish e-Mohammed, also known as the Army of Mohammed, also known as Mohammed’s Army, also known as Tehrik ul-Furqaan; and Lashkar e-Tayyiba, also known as the LT, also known as Lashkar e-Toiba, also known as Lashkar-I-Taiba, also known as Army of the Righteous.