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NOTICES PUBLISHED
IN THE FEDERAL REGISTER DURING 2003
To search the Federal Register for the full text of the regulations, Click Here. 1. In the Matter of the Designation of Lashkar I Jhangvi as a Foreign Terrorist Organization Pursuant to Section 219 of the Immigration and Nationality Act (68 FR 4811 on January 30, 2003) Commentary: Based upon a review of the Administrative Record assembled in this matter and in consultation with the Attorney General and the Secretary of the Treasury, the Secretary of State concluded that there is a sufficient factual basis to find that the relevant circumstances described in Section 219 of the Immigration and Nationality Act, as amended (hereinafter “INA”), exist with respect to Lashkar I Jhangvi. Therefore, he has designated Lashkar I Jhangvi as a foreign terrorist organization pursuant to Section 219(a) of the INA.
2. Bureau of Political-Military Affairs: Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (68 FR 5326 on February 3, 2003) Commentary: The Department of State has published a Notification of two Proposed Commercial Export Licenses to Congress that exceed the $50,000,000 Congressional Notification threshold for exports to Kourou and Indonesia. The Department of State also published notification of a proposed issuance of an export license pursuant to Section 126.14 of the International Traffic in Arms Regulations concerning a major program authorization (MPA) and Section 36(c) of the Arms Export Control Act. 3. Determination Pursuant to Section 1(b) of Executive Order 13224 Relating to Lashkar i Jhangvi (68 FR 5952 on February 5, 2003) Commentary: The Department of State has determined that Lashkar i Jhangvi (also spelled Lashkar e Jhangvi) has committed, or poses a significant risk of committing, acts of terrorism that threaten the security of U.S. nationals or the national security, foreign policy, or economy of the United States. 4. Licenses for the Export of Defense Articles (68 FR 6609 on February 10, 2003) Commentary: The Department of State has published a correction to Title 22 of the Code of Federal Regulations, Part 1 to 299, revised as of April 1, 2002, on page 447, the authority citation for Part 123 is revised to read as follows: Authority: Secs. 2, 38, and 71, Publ. L. 90-629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2797); 22 U.S.C. 2753; E.O. 11958, 42 FR 4311; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. 2658; Pub. L. 105-261, 112 Stat. 1920. Bureau of Political-Military Affairs: Amendment to the International Traffic in Arms Regulations (68 FR 7417 on February 14, 2003) Commentary: The Department of State has published a final rule amending the International Traffic in Arms Regulations (ITAR) which implements Section 38 of the Arms Export Control Act (AECA), that governs the import and export of defense articles and defense services. The rule reflects the changed authorities as a result of the realignment of the responsibilities for defense trade controls. The position of Director of the Office of Defense Trade Controls is abolished. It is replaced with Deputy Assistant Secretary for Defense Trade Controls and Managing Director of Defense Trade Controls. This rule realigns responsibilities for defense trade controls under Section 38 of the AECA and the ITAR. 6. Determination Pursuant to Section 212(a)(3)(B) of the Immigration and Nationality Act (INA), Placing Entities on the Terrorist Exclusion List (TEL) (68 FR 7836 on February 18, 2003) Commentary: The Department of State, acting under the authority of Section 212(a)(3)(B) of the INA, as amended, and in consultation with the Secretary of the Treasury and the Attorney General, has determined that each of the following entities is a “terrorist organization” under the meaning of the INA:
Al Taqwa Trade, Property and Industry Company Limited (f.k.a. Al Taqua Trade, Property and Industry; f.k.a. Al Taqwa Trade, Property and Industry Establishment; f.k.a. Himmat Establishment) Bank Al Taqwa Limited (a.k.a. Al Taqwa Bank; a.k.a. Bank Al Taqwa) Nada Management Organization SA (f.k.a. Al Taqwa Management Organization SA) Youssef M. Nada & Co. Gesellschaft M.B.H. Ummah Tameer E-Nau (UTN) (a.k.a. Foundation for Construction; A.k.a. Nation Building; a.k.a Reconstruction of the Islamic Community; a.k.a. Reconstruction of the Muslim Ummah; a.k.a. Ummah Tameer I-Nau; a.k.a. Ummah Tameer E-Nau; a.k.a. Ummah Tameer I-Pau) Loyalist Volunteer Force (LVF) Ulster Defense Association (a.k.a. Ulster Freedom Fighters) Afghan Support Committee (*ASC)(a.k.a. Ahya ul Turas; a.k.a. Jamiat Ayat-ur-Rhas al Islamia; a.k.a. Jamiat Ihya ul Turath al Islamia; a.k.a. Lajnat el Masa Eidatul Afghania) Revival of Islamic Heritage Society (RIHS)(a.k.a Jamia Ihya ul Turath; a.k.a. Jamiat Ihia Al-Turath Al-Islamiya; a.k.a. Revival of Islamic Society Heritage on the African Continent) [Pakistan and Afghanistan; Kuwait office not designated]
7. Bureau of Nonproliferation Imposition of Chemical and Biological Weapons Proliferation Sanctions Against Foreign Persons, Including a Ban on U.S. Government Procurement (68 FR 8068 on February 19, 2003) Commentary: The Department of State has determined that two foreign persons have engaged in chemical/biological weapons proliferation activities that require the imposition of sanctions pursuant to the Arms Export control Act and the Export Administration Act of 1979 (the authority of which was most recently continued by Executive Order 13222 of August 17, 2001). The entities are: NEC Engineers Private, Ltd., and its successors (company originally based in India, but now also operating in the Middle East and Eurasia); and Hans Raj Shiv (previously residing in India, and believed to be in the Middle East) Accordingly, until further notice and pursuant to the provisions of Section 81(c) of the Arms Export Control Act (22 U.S.C. 2798(c)) and Section 11C(c) of the Export Administration Act (50 U.S.C. app 2410c(c)), the following measures are imposed on these foreign persons and their successors: (1) Procurement Sanction: The United States Government shall not procure, or enter into any contact for the procurement of, any goods or services from the sanctioned persons and their successors; and (2) Import Sanction: The importation into the United States of products produced by the sanctioned persons and their successors shall be prohibited. These measures shall remain in place for at least one year and until further notice. 8. Determination Pursuant to Section 1(b) of the Executive Order 13224 Relating to the Riyadus-Salikhin Reconnaissance and Sabotage Battalion of Chechen Martyrs, the Special Purpose Islamic Regiment, and the Islamic International Brigade (68 FR 9733 on February 28, 2003) Commentary: The Department of State, acting under the authority of Section 1(b) of Executor Order 13224 of September 23, 2001, as amended by Executive Order 13286 of July 2, 2002, and Executive Order 13284 of January 23, 2003, and in consultation with the Secretary of the Treasury, the Attorney General and the Secretary of Homeland Security, the Secretary of State determined that the following have committed, or pose a significant risk of committing, acts of terrorism that threaten the security of U.S. nationals or the national security, foreign policy, or economy of the United States: 1. The Riyadus-Salikhin Reconnaissance and Sabotage Battalion of Chechen Martyrs (a.k.a. Riyadus-Salikhin Reconnaissance and Sabotage Battalion, a.k.a. Riyadh-as-Saliheen, a.k.a. the Sabotage and Military Surveillance Group of the Riyadus-Salikhin Reconnaissance and Sabotage Battalion of Shahids (Martyrs)); 2. The Special Purpose Islamic Regiment (a.k.a. the Islamic Special Purpose Regiment, a.k.a. the Al-Jihad-Fisi-Sabililah Special Islamic Regiment, Islamic Regiment of Special Meaning); and 3. The Islamic International Brigade (a.k.a. the Islamic Peacekeeping Brigade, a.k.a. the Islamic Peacekeeping Army, a.k.a. the International Brigade, a.k.a. Peacekeeping Battalion, a.k.a. International Battalion, a.k.a. Islamic Peacekeeping International Brigade); 9. Bureau of Nonproliferation; Foreign Assistance Act: Determinations (68 FR 11606 on March 11, 2003)
Commentary: The Department of State pursuant to Section 654 10. Bureau of Nonproliferation; Imposition of Nonproliferation Measures Against Foreign Persons, Including a Ban on U.S. Government Procurement (68 FR 11606 on March 11, 2003)
Commentary: The United States Government has determined that two foreign
persons have engaged in proliferation activities that require the imposition of
measures pursuant to the Iran-Iraq Arms Nonproliferation Act of 1992. The
foreign persons are Protech Consultants Private, Ltd, (India) and its successor
entities, parents and subsidiaries; and Mohammed, Al-Khatib
Accordingly, until further notice and pursuant to the provisions of Section 1604(b) of the Iran-Iraq Arms Nonproliferation Act of 1992 (Pub. L. 102-484), the following measures are imposed on these foreign persons: 1) for a period of two years, the United State Government shall not procure, or enter into any contract for the procurement of, any goods, or services from the sanctioned persons; and 2) for a period of two years, the United States Government shall not issue any license for any export by or to the sanctioned persons. These measures shall be implemented by the responsible departments and agencies of the United States Government and will remain in place for two years, except to the extent subsequently determined otherwise. 11. Bureau of Political-Military Affairs: Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (68 FR 12966 on March 18, 2003) Commentary: The Department of State has published a Notification of a proposed license for the export of major defense equipment and defense articles in the amount of $25,000 or more to Japan. The Department of State has also published a notice of a proposed license for the export of defense articles that are firearms controlled under Category I of the United States Munitions List sold commercially under a contract in the amount of $1,000,000 or more to Belgium for re-sale in Austria, Belgium, the Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Italy, Ireland, Luxembourg, the Netherlands, Norway, Portugal, Poland, Spain, Sweden, Switzerland, and the United Kingdom. The Department of State has also published notice of six Proposed Commercial Export Licenses to Congress that exceed the $50,000,000 Congressional Notification threshold for exports to Italy, Japan, Norway, Russia, Ukraine and the United Arab Emirates. The Department of State also published notification of two proposed manufacturing license agreements for the manufacture of significant military equipment abroad, namely in Japan and Norway. 12. Bureau of Nonproliferation; Determination Under the Arms Export Control Act (68 FR 16113 on April 2, 2003) Commentary: The Department of State pursuant to Section 654(c) of the Foreign Assistance Act of 1961, as amended, has published a notice that the Under Secretary of State for Arms Control and International Security has made a determination pursuant to Section 72 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. 13. Bureau of Nonproliferation; Imposition of Nonproliferation Sanctions Against a North Korean Entity (68 FR 16113 on April 2, 20 03) Commentary: The Department of State, Bureau of Nonproliferation has determined that a North Korean entity has engaged in activities that require the imposition of measures pursuant to the Arms Export Control Act, as amended, and the Export Administration Act of 1979, as amended (as carried out under Executive Order 13222 of August 17, 2001). The U.S. Government determined on March 24, 2003 that Changgwang Sinyong Corporation (North Korea) and its sub-units and successors, engaged in missile technology proliferation activities that require the imposition of the sanctions described in Section 73(a)(2)(B) and (C) of the Arms Export Control Act (22 U.S.C. 2797b(a)(2)(B) and (C) and Section 11B(b)(1)(B)(ii) and (iii) of the Export Administration Act of 1979 (50 U.S.C. app. 2410b(b)(1)(B)(ii) and (iii). Accordingly, the following sanctions are imposed on Changgwang Sinyong Corporation (North Korea): (a) denial of all new individual license for the export to the sanctioned entities of all items on the United States Munitions List and CCL for two years; (b) denial of all USG contracts with the sanctioned entities for two years; and (c) denial of all imports into the United States of products produced by the sanctioned entity for two years.
Additionally, because North Korea is a country with a non-market economy that
is not a former member of the Warsaw pact
14. Bureau of Nonproliferation: Imposition of Nonproliferation Measures on a Foreign Entity, Including a Ban of U.S. Government Procurement (68 FR 16113 on April 2, 2003) Commentary: The U.S. Government has determined that a foreign entity has engaged in proliferation activities that require the imposition of measures pursuant to Executive Order 12938 of November 14, 1994, as amended by Executive Order 13094 of July 28, 1998. The U.S. Government has also determined that, pursuant to Section 38 of the Arms Export Control Act and Section 126.7 of the International Traffic in Arms Regulations, all licenses and other approval for defense articles and defense services involving Khan Research Laboratories (Pakistan) are suspended, effective immediately. Notice is further given that it is the policy of the United States to deny license, other approvals, exports and temporary imports of defense articles and defense services destined for this entity. Accordingly, pursuant to the provisions of Executive Order 12938, the following measures are imposed on this entity, its subunits, and successors for two years (unless subsequently modified): 1. All departments and agencies of the United States Government shall not procure or enter into any contract for the procurement of any goods, technology, or services from these entities, and shall terminate any existing contracts; 2. All departments and agencies of the United States Government shall not provide assistance to this entities, and shall not obligate further funds for such purposes; and 3. The Secretary of the Treasury shall prohibit the importation into the United States of any goods, technology, or services produced or provided by these entities, other than information or informational materials within the meaning of Section 203(b)(3) of International Emergency Powers Act (50 U.S.C. 1702(b)(3)). In addition, pursuant to Section 126.7(a)(1) of the International Traffic in Arms Regulations, it is deemed that suspending the above-named entity from participating in any activities subject to Section 38 of the Arms Export Control Act would be in furtherance of the national security and foreign policy of the United States. Therefore, until further notice, the Department of State is hereby suspending all license and other approvals for: (a) Exports and other transfers of defense articles and defense services from the United States; (b) transfers of U.S.-origin defense articles and defense services from foreign destinations; and (c) temporary import of defense articles to or from the above-named entity. Moreover, it is the policy of the United States to deny licenses and other approvals for export and temporary import of defense articles and defense services destined for this entity. 15. Determination Pursuant to Section 1(b) of Executive Order 13224 Relating to Basque Fatherland and Liberty (ETA) (68 FR 24531 on May 7, 2003) Commentary: Acting under the authority of Section 1(b) of Executive Order 13224 of September 23, 2001, and in consultation with the Secretary of the Treasury, the Attorney General, and the Secretary of Homeland Security, determined that ETA uses or has used as aliases the names Batasuna, Euskal Herritarrok, and Herri Batasuna. The Attorney General and Secretary of Homeland Security amended the October 31, 2001, designation of Basque Fatherland and Liberty (ETA) and other aliases to the following names as aliases of ETA: Batsasuna; Euskal Herritarrok; and Herri Batasuna. 16. Bureau of Political-Military Affairs: Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (68 FR 24782 on May 8, 2003) Commentary: The Department of State has published a Notification of a proposed license for the export of major defense equipment and defense articles in the amount of $25,000 or more to Greece. The Department of State has also published a notice of a proposed license for the export of defense articles that are firearms controlled under Category I of the United States Munitions List sold commercially under a contract in the amount of $1,000,000 or more to Greece. The Department of State has also published notice of six Proposed Commercial Export Licenses to Congress that exceed the $50,000,000 Congressional Notification threshold for exports to France, Japan, Kazkhstan, Kuwait, Norway, Russia and Ukraine. The Department of State also published a notification of a proposed license for the export of defense articles and defense services sold commercially under a contract in the amount of $100,000,000 or more to the United Kingdom. The Department of State also published notification of two proposed manufacturing license agreements for the manufacture of significant military equipment abroad, namely in Japan and Germany. 17. Amendment to the International Traffic in Arms Regulations, United States Munitions List (68 FR 25088 on May 9, 2003) Commentary: The Department of State has published typographic corrections to the rule document 02-29595 beginning on page 70839 in the issue of Wednesday, November 27, 2002. 18. Foreign Terrorists and Terrorist Organizations; Designation: Real IRA (68 FR 25672 on May 13, 2003) Commentary: The Department of State has published notice in the matter of the Redesignation of 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 Associate” as a Foreign Terrorist Organization Pursuant to Section 219 of the Immigration and National Act. Based upon a review of the Administrative Record assembled in this matter and in consultation with the Attorney General and the Secretary of the Treasury, the Secretary of State has concluded that there is a sufficient factual basis to find that the relevant circumstances described in Section 219 of the Immigration and Nationality Act, as amended (hereinafter “INA”), exist with respect to the Real IRA. Therefore, the Secretary of State redesignated, effective May 16, 2003, that organization as a foreign terrorist organization pursuant to Section 219(a) of the INA. 19. Determination and Certification Under Section 40A of the Arms Export Control Act (68 FR 28041 on May 23, 2003) Commentary: The Department of State, pursuant to Section 40A of the Arms Export Control Act (Pub. L. 90-629-22 U.S.C. 2771 et seq.), as added by Section 330 of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132), and Executive Order 11958, as amended, determined and certified to the Congress that the following countries are not cooperating fully with the United States antiterrorism efforts: Cuba, Iran, Libya, North Korea, Sudan, and Syria. 20. Bureau of Nonproliferation; Imposition of Nonproliferation Measures on an Entity in China, Including a Ban on U.S. Government Procurement (68 FR 28314 on May 23, 2003) Commentary: The U.S. Government, Department of State has determined on May 9, 2003, the following Chinese person engaged in proliferation activities that require the imposition of measures pursuant to sections 4(b), 4(c), and 4(d) of Executive Order 12938: North China Industries Corporation (NORINCO). Therefore, until further notice, the Department of State is hereby suspending all licenses and other approvals for (a) Exports and other transfers of defense articles and defense services from the United States; (b) transfers of U.S.-origin defense articles and defense services from foreign destinations; and (c) temporary import of defense articles to or from the above-named entity. Moreover it is the policy of the United States to deny licenses and other approvals for exports and temporary imports of defense articles and defense services destined for this entity. 21. Bureau of Nonproliferation; Imposition of Nonproliferation Measures on an Iranian Entity, Including a Ban on U.S. Government Procurement (68 FR 28315 on May 23, 2003) Commentary: The U.S. Government, Department of State has determined on May 9, 2003, the following Iranian person engaged in proliferation activities that require the imposition of measures pursuant to sections 4(b), 4(c), and 4(d) of Executive Order 12938: Shahid Hemmat Industrial Group. Therefore, until further notice, the Department of State is hereby suspending all licenses and other approvals for (a) Exports and other transfers of defense articles and defense services from the United States; (b) transfers of U.S.-origin defense articles and defense services from foreign destinations; and (c) temporary import of defense articles to or from the above-named entity. Moreover it is the policy of the United States to deny licenses and other approvals for exports and temporary imports of defense articles and defense services destined for this entity. 22. Bureau of Nonproliferation; Imposition of Nonproliferation Measures on an Iranian Entity, Including a Ban on U.S. Government Procurement (68 FR 31739 on May 28, 2003) Commentary: The U.S. Government, Department of State has determined on May 9, 2003, the following Iranian person engaged in proliferation activities that require the imposition of measures pursuant to sections 4(b), 4(c), and 4(d) of Executive Order 12938: Shahid Hemmat Industrial Group (SHIG) (Iran). Therefore, until further notice, the Department of State is hereby suspending all licenses and other approvals for (a) Exports and other transfers of defense articles and defense services from the United States; (b) transfers of U.S.-origin defense articles and defense services from foreign destinations; and (c) temporary import of defense articles to or from the above-named entity. Moreover, it is the policy of the United States to deny licenses and other approvals for exports and temporary imports of defense articles and defense services destined for this entity. 23. Bureau of Nonproliferation; Imposition of Missile Proliferation Sanctions Against Entities in Moldova 68 FR 31740 on May 28, 2003)
Commentary: The Department of State has determined that entities in Moldova
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, as amended, and the Export Administration
Act of 1979, as emended (as carried out under Executive Order 13222 of August
17, 2001). The entities are Mikhail Pavlovich Vladov (Moldovan person); Cuanta
S.A.
Accordingly, the following sanctions are imposed on these entities: (a) New individual licenses for exports to the entities described above of MTCR Annex equipment or technology controlled pursuant to the Export Administration Act of 1979 will be denied for two years; (b) New licenses for export to the entities described above of MTCR Annex 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 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 sanction only applies to exports made pursuant to individual export licenses. 24. Bureau of Political-Military Affairs; Export of Defense Articles and Defense Services to India and Pakistan (68 FR 37039 on June 20, 2003) Commentary: The Bureau of Political-Military Affairs has published a notice that requests for export and retransfer of defense articles, defense services and related technical data to India or Pakistan pursuant to Section 38 of the Arms Export Control Act (AECA) will be considered on a standard case-by-case basis. This notice reverses the polity of denial set forth in Federal Register Notices published on May 20, 1998 and June 17, 1998. 25. Imposition of Nonproliferation Measures Against Chinese and North Korean Entities, Including Ban on U.S. Government Procurement (68 FR 40011 on July 3, 2003) Commentary: The Bureau of Nonproliferation has published a determination that five Chinese entities and one North Korean entity have engaged in the activities that require the imposition of measures pursuant to Section 3 of the Iran Nonproliferation Act of 2000. The Act provides for penalties on entities for the transfer to Iran of equipment and technology controlled under multilateral export control lists (Missile Technology Control Regime, Australia Group, Nuclear Suppliers Group, Wassenaar Arrangement) or otherwise having the potential to make a material contribution to weapons of mass destruction (WMD) or missiles. The entities are: Taian Foreign Trade General Corporation (China) and any successor, sub-unit, or subsidiary thereof; Zibo Chemical Equipment Plant, aka Chemet Global Ltd., aka South Industries Science and Technology Trading Company, Ltd. (China) and any successor, sub-unit, or subsidiary thereof; Liyang Yunlong Chemical Equipment Group Company (China) and any successor, sub-unit, or subsidiary thereof; China North industries Corporation (NORINCO) (China) and any successor, sub-unit, or subsidiary thereof; China Precision Machinery Import/Export Corporation (CPMIEC) (China) and any successor, sub-unit, or subsidiary thereof; Changgwang Sinyong Corporation (North Korea) and any successor, sub-unit, or subsidiary thereof. The following measures are imposed on these entities: (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 these foreign persons; (2) No department or agency of the United States Government may provide any assistance to the foreign persons, and these persons shall not be eligible to participate in any assistance program of the United States Government; (3) No United States Government sales to the foreign persons of any item on the United States Munitions List (as in effect on August 8, 1995) are permitted, and all sales to these persons 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 these foreign persons 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.
26. VISAS: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended; Personal Appearance(68 FR 40127 on July 7, 2003) Commentary: The Department of State has published an interim rule bringing the Department regulations into line with, and allows further expansion of, post-9/11 policy guidance issued by the Department that has increasingly restricted the number of instances in which the interview of a nonimmigrant visa applicant may be waived. The regulation significantly reduces the number and kind of situations in which the usual requirement that a nonimmigrant visa applicant appear before an officer for a personal interview may be waived by the consular officer, while making express the Department’s authority to set interview policies centrally. The Department is taking this regulatory action in order to further develop the new legal framework necessary to support a series of steps undertaken in order to more adequately ensure the security and integrity of nonimmigrant visa application and issuance procedures. Upon publication of this rule, certain visa applicants who previously may have had their personal appearance before a consular officer for the purpose of applying for a nonimmigrant visa waived will be required by regulation to make such an appearance to be interviewed. In practice, however, many of these applicants are already being interviewed, based on internal Department guidance or decisions made at consular posts. Written comments may be submitted within 60 days of the publication of this interim rule to the address listed within the regulation. 27. Bureau of Nonproliferation; Nonproliferation Measures Imposed on Entity in China, Including a Ban on U.S. Government Procurement (68 FR 40729 on July 8, 2003) Commentary: The Bureau of Nonproliferation has determined that the effective date of Public Notice 4370 (68 Federal 28314), concerning the imposition of measures on North China Industries Corporation (NORINCO), was the date of publication of that Notice in the Federal Register on May 23, 2003. 28. Bureau of Nonproliferation; Partial Lifting of Administrative Measure Imposed on the Scientific Research and Design Institute of Power Technology, aka NIKIET, To Permit U.S. Government Contractors To Receive Certain Information (68 FR 41208 on July 10, 2003) Commentary: The Bureau of Nonproliferation has published a determination that pursuant to Section 6 of Executive Order 12938, as amended, it is in the foreign policy and national security interests of the United States to lift in part the import sanction that had been imposed on the Scientific Research and Design Institute of Power Technology, aka NIKIET under a January 8, 1999 (64 FR 2935), for the sole purpose of permitting personnel of U.S. government contractors to receive information that may have been produced or provided by NIKIET at a June 24, 2003 seminar concerning the Kursk 5 RBMK reactor. 29. Bureau of Political-Military Affairs: Directorate of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (68 FR 41854 on July 15, 2003) Commentary: The Department of State has published a Notification of a proposed license for the export of major defense equipment and defense articles in the amount of $14,000,000 or more to the Republic of Korea. The Department of State has also published a notice of a proposed license for the export of defense articles that are firearms controlled under Category I of the United States Munitions List sold commercially under a contract in the amount of $1,000,000 or more to Columbia. The Department of State has also published notice of two Proposed Commercial Export Licenses to Congress that exceed the $50,000,000 Congressional Notification threshold for exports to Mexico and the United Arab Emirates. The Department of State also published a notification of five proposed licenses for the export of defense articles and defense services sold commercially under a contract in the amount of $100,000,000 or more to the Canada, Germany, Greece, Japan, Poland and the United Kingdom. The Department of State also published notification of two proposed manufacturing license agreements for the manufacture of significant military equipment abroad in Norway and South Africa. 30. Office of the Deputy Secretary: Removal of the Restriction on the Use of United States Passports for Travel To, In, or Through Iraq (68 FR 43246 on July 21, 2003) Commentary: The Deputy Secretary of State has decided to revoke the restriction on the use of U.S. passports for travel to, in, or through Iraq set forth in Public Notice 4283 of February 25, 2003 (68 FR 8791), as amended by Public Notice 4337 of April 16, 2003 (68 FR 18722), as further amended by Public Notice 4366 of May 15, 2003 (68 FR 26371). Effective upon signature of this Public Notice, Unites States passports are valid for travel to, in, or through Iraq. The notice notes that conditions in Iraq remain hazardous for U.S. travelers. Persons considering travel to Iraq should consult the travel warnings available on the State Department’s Bureau of Consular Affairs Web site,http://travel.state.gov prior to finalizing travel plans. 31. Imposition of Nonproliferation; Imposition of Missile Proliferation Sanctions Against a North Korean Entity (68 FR 44136 on July 25, 2003) Commentary: The Bureau of Nonproliferation has published a determination that a North Korean entity has engaged in missile technology proliferation activities that require the imposition of the 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 13222 of August 17, 2001) on Changgwang Sinyong Corporation (North Korea) and its sub-units and successors. Accordingly, the following sanctions are being imposed for three years and eight months: (A) Denial of all new licenses for the transfer to the sanctioned entity of all items on the U.S. Munitions List and all items the export of which is controlled under the Export Administration Act; (B) Denial of all U.S. Government contracts with the sanctioned entity; and (C) Prohibition on the importation into the U.S. of all products produced by the sanctioned entity. With respect to items controlled pursuant to the Export Administration Act of 1979 the above export sanction only applies to exports made pursuant to individual export licenses. Additionally, because North Korea 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 for three years and eight months to all activities of the North Korean government relating to the development or production of missile equipment or technology and all activities of the North Korean government affecting the development or production of electronics, space systems or equipment, and military aircraft: (A) Denial of all new individual licenses for the transfer to the government activities described above of all items on the U.S. Munitions List; and (B) Denial of all U.S. Government contracts with the government activities described above; and (C) Prohibition on the importation into the U.S. of all products produced by the government activities described above. These measures shall be implemented by the responsible departments and agencies of the United States Government as provided in Executive Order 12851 of June 11, 1993. 32. Bureau of Political-Military Affairs (68 FR 44613 on July 30, 2003) Commentary: The Bureau of Political-Military Affairs has published a final rule which amends the International Traffic in Arms Regulations (ITAR) by removing Rwanda from the list of embargoed country examples in 22 CFR 126.1(a) and adding a new paragraph (h) to address Rwanda. It further clarifies that a policy of denial will remain in place for any new license applications, requests for approval, exports or imports of defense articles or defense services destined for or originating from Rwanda other than by the Government of Rwanda. 33. Bureau of Nonproliferation; Imposition of Nonproliferation Measures on an Entity in China, including a Ban on U.S. Government Procurement (68 FR 44832 on July 30, 2003) Commentary: The U.S. Government has determined that a foreign entity has engaged in missile technology proliferation activities that require the imposition of measures pursuant to Executive Order 12938 of November 14, 1994, as amended by Executive Order 13094 of July 28, 1998. The entity is China Precision Machinery Import/Export Corporation (CPMIEC). Accordingly, the following measures are imposed on this entity, its subunits, and successors: (1) All departments and agencies of the United States Government shall not procure or enter into any contract for the procurement of any goods, technology, or services from these entities including the termination of existing contracts; (2) All departments and agencies of the United States Government shall not provide any assistance to these entities, and shall not obligate further funds for such purposes; and (3) The Secretary of Treasury shall prohibit the importation into the United States of any goods, technology, or services produced or provided by these entities, other than information or informational materials within the meaning of Section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). In addition, pursuant to Section 126.7(a)(1) of the International Traffic in Arms Regulations, it is deemed that suspending the above-named entity from participating in any activities subject to Section 39 of the Arms Export Control Act would be in furtherance of the national security and foreign policy of the United States. Therefore, until further notice, the Department of State is hereby suspending all licenses and other approvals for: (a) Exports and other transfers of defense articles and defense services from the United States; (b) transfers of U.s.-origin defense articles and defense services from foreign destinations; and (c) temporary import of defense articles to or from the above-named entity. Moreover, it is the policy of the United States to deny licenses and other approval for exports and temporary imports of defense articles and defense services destined for this entity. 34. Imposition of Chemical and Biological Weapons Proliferation Sanctions Against a Foreign Person, Including a Ban on U.S. Government Procurement (68 FR 47144 on August 7, 2003) Commentary: The Bureau of Nonproliferation has published a determination that Mohammed al-Khatib (Jordan) has engaged in chemical/biological weapons proliferation activities that require the imposition of measures as described in Section 81(c) of the Arms Export Control Act (22 U.S.C. 2798(c)) and Section 11C(c) of the Export Administration Act of 1979 (50 U.S.C. app 2410C(c)). Accordingly, until further notice the following measures are imposed: (1) Procurement Sanction: The United States Government shall not procure, or enter into any contract for the procurement of, any supplies or services from the sanctioned person; and (2) Import Sanction: The importation into the United States of products produced by the sanctioned person shall be prohibited. These measures shall be implemented by the responsible departments and agencies of the United States Government as provided for in Executive Order 12851 of June 11, 1993. The sanctions will remain in place for at least one year and until further notice. 35. Determination Pursuant to Section 1(b) of Executive Order 13224 Relating to Shamil Basayev (68 FR 47378 on August 8, 2003) Commentary: Under the authority of Section 1(b) of Executive Order 13224 of September 23, 2001, as amended by Executive Order 13286 of July 2, 2002, and Executive Order 13284 of January 23, 2003, and in consultation with the Secretary of the Treasury, the Attorney General, and the Secretary of Homeland Security, the Secretary of State has determined that Shamil Basayev [Date of Birth: 1/14/1965, Place of Birth: Chechen Village of Dyshni-Vedeno] has committed, or poses a significant risk of committing, acts of terrorism that threaten the security of U.S. nationals or the national security, foreign policy, or economy of the United States. 36. Determination Pursuant to Section 1(b) of Executive Order 13224 Relating to Mujahedin-e Khalq (MEK) (68 FR 48984 on August 15, 2003) Commentary: Under the authority of Section 1(b) of Executive Order 13224 of September 23, 2001, as amended by Executive Order 13286 of July 2, 2002, and Executive Order 13284 of January 23, 2003, and in consultation with the Secretary of the Treasury, the Attorney General, and the Secretary of Homeland Security, the Secretary of State has determined that the MEK uses or has used as aliases the names “National Council of Resistance” (“NCR”), and “National Council of Resistance of Iran” (“NCRI”). The Secretary of State amended the October 31, 2001, designation of the Mujahedin-e Khalq (MEK and other aliases) to add the following names as aliases of MEK: “National Council of Resistance” (“NCR”) (including its U.S. representative office and all other offices worldwide); and “National Council of Resistance of Iran” (“NCRI”) (including its U.S. representative office and all other offices worldwide). The Secretary of State also clarifies that the October 31, 2001 designation of the People’s Mujahedin Organization of Iran, a.k.a. PMOI, as aliases of the MEK includes its U.S. representative office and all other offices worldwide. 37. Bureau of Political-Military Affairs: Directorate of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (68 FR 50570 on August 21, 2003) Commentary: The Department of State has published a Notification of a two proposed license for the export of major defense equipment and defense articles in the amount of $25,000,000 or more to Denmark and French Guiana. The Department of State has also published a notice of a proposed license for the export of defense articles that are firearms controlled under Category I of the United States Munitions List sold commercially under a contract in the amount of $1,000,000 or more to Ecuador, Israel, Japan, Norway and the United Arab Emirates. The Department of State has also published notice of six Proposed Commercial Export Licenses to Congress that exceed the $50,000,000 Congressional Notification threshold for exports to Egypt, Japan, Jordan, Malaysia, Saudi Arabia, and South Korea. The Department of State has also published a proposed manufacturing license agreement for the manufacture of significant military equipment abroad and the export of defense articles or defense services in the amount of $50,000,000 or more to South Korea. The Department of State has also published a notification of a proposed technical assistance agreement for the export of defense articles or defense services sold commercially under a contract in the amount of $50,000,000 or more to Israel. The Department of State also published a notification of eight proposed licenses for the export of defense articles and defense services sold commercially under a contract in the amount of $100,000,000 or more to the Belgium, Canada, Denmark, France, Germany, Greece, Ireland, Italy, Japan, Norway, and the United Kingdom. The Department of State has also published notification of two proposed technical assistance agreements for the export of defense articles or defense services sold commercially under a contact in the amount of $100,000,000 or more to The Netherlands and the United Kingdom. The Department of State also published notification of two proposed manufacturing license agreements for the manufacture of significant military equipment abroad in Canada and the United Kingdom. Finally, the Department of State has published a notification that the export to Iraq of the certain body armor, nuclear, biological and chemical protective equipment, and military equipment (such as small arms and ammunition) for use in reconstituting the Iraqi military or police forces (or interim forces), is in the national interest of the United States. 38. Bureau of Political-Military Affairs; Denied Persons Pursuant to UN Security Council Resolution (68 FR 51048 on August 25, 2003) Commentary: The Department of State has published an updated list of persons that are subject to an arms embargo in implementation of UN Security Council Resolutions 1390 (2002) and 1455 (2003). This action is being taken pursuant to Sections 38 and 42 of the Arms Export Control Act and in accordance with Section 5 of the UN Participation Act (UNPA) and E.O. 12918. UN Security Council Resolutions 1390 (2002) and 1455 (2003) require UN Member States to implement an arms embargo (and other sanctions) against those individuals, groups, undertakings and entities listed in the consolidated list created in accordance with UN Security Council Resolutions 1267 (1999) and 1333 (2000) and maintained by the UN 1267 Sanctions Committee. Specifically, the resolutions require that Member States prevent the direct or indirect supply, sale and transfer, to those on the 1267 Sanctions Committee list, from their territories or by their nationals outside their territories, or using their flag vessels or aircraft, of arms and related material of all types including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned and technical advice, assistance, or training related to military activities. This action has been taken pursuant to Sections 38 and 42 of the Arms Export Control Act (22 U.S.C. 2778 and 2791) and 126.7 of the International Traffic in Arms Regulations in furtherance of the foreign policy of the United States, and in accordance with section 5 of the UNPA (22 U.S.C. 287(c)) and E.O. 12918. A full list of the individuals may be found within the notice cited in the heading above. 39. Bureau of Political-Military Affairs: Directorate of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (68 FR 51056 on August 25, 2003) Commentary: The Department of State has published a Notification of a two proposed license for the export of major defense equipment and defense articles in the amount of $25,000,000 or more to Greece and Turkey. The Department of State has also published a notice of a proposed license for the export of defense articles that are firearms controlled under Category I of the United States Munitions List sold commercially under a contract in the amount of $1,000,000 or more to Canada. The Department of State has also published notice of five Proposed Commercial Export Licenses to Congress that exceed the $50,000,000 Congressional Notification threshold for exports to Brazil, French Guinea, Russia, and the United Arab Emirates. The Department of State has also published a proposed manufacturing license agreement for the manufacture of significant military equipment abroad and the export of defense articles or defense services in the amount of $50,000,000 or more to Taiwan. The Department of State has also published notification of two proposed technical assistance agreements for the export of defense articles or defense services sold commercially under a contract in the amount of $50,000,000 or more to Israel. The Department of State also published a notification of three proposed licenses for the export of defense articles and defense services sold commercially under a contract in the amount of $100,000,000 or more to the Canada, Japan and the United Kingdom. The Department of State has also published a notification of four proposed manufacturing license agreements for the manufacture of significant military equipment abroad and the export of defense articles or defense services old commercially under contact in the amount of $100,000,000 or more to Japan and Turkey. The Department of State also published notification of seven proposed manufacturing license agreements for the manufacture of significant military equipment abroad in Canada, Japan, Sweden, and the United Kingdom. 40. Bureau of Political-Military Affairs; Amendment to the International Traffic in Arms Regulations; Corrections (68 FR 51171 on August 26, 2003) Commentary: The Bureau of Political-Military Affairs has published corrections to the final regulations (Public Notice 4274), which were published in the Federal Register of Friday, February 14, 2003. As published the final regulations contained errors, which may prove to be misleading and need to be clarified. The purpose of this correction is to clarify the General authorities and eligibilities section under Part 120 of the ITAR. 41. Bureau of Political-Military Affairs; Statutory Debarment Under the International Traffic In Arms Regulations (68 FR 52436 on September 3, 2003) Commentary: The Bureau of Political-Military Affairs has published notice that the Department of State has imposed statutory debarment pursuant to Section 127.7(c) of the International Traffic in Arms Regulations (“ITAR”) (22 CFR 120 to 130) on 29 persons convicted of violating or conspiring to violate Section 38 of the Arms Export Control Act (“AECA”) (22 U.S.C. 2778). The 29 persons/entities have been statutorily debarred by the Assistant Secretary of State for Political-Military Affairs for a period of three years following their AECA conviction. At the end of the three-year period, the 29 persons/entities will remain debarred unless licensing privileges are reinstated. This notice is provided in order to make the public aware that the 29 debarred persons are prohibited from participating directly or indirectly in any brokering activities and in any export from or temporary import into the United States of defense articles or defense services, including technical data, in all situations covered by the ITAR. Specific case information may be obtained from the Office of the Clerk of Court for each respective US District Court, citing the court docket number where provided. Exceptions may be made to this denial policy on a case-by-case basis at the discretion of the Directorate of Defense Trade Controls pursuant to 22 CFR 126.3. 42. Bureau of Nonproliferation; Determination on Export-Import Bank Support for U.S. Exports to Iraq (68 FR 53213 on September 9, 2003) Commentary: Pursuant to Section 2(b)(4) of the Export-Import Bank Act of 1945, as amended, the President has determined and certified to Congress that it is in the national interest for the Export-Import Bank to guarantee, insure, or extend credit, or participate in the extension of credit in support of United States exports to Iraq. The President has determined and certified to Congress pursuant to Section 2(b)(4) that “it is in the national interest” to waive the restrictions in the law and allow the Export-Import Bank to approve support for United States exports to Iraq beginning October 17, 2003 (45 days after the date of the President’s determination and certification). 43. In the Matter of the Redesignation of The “United Self-Defense Forces of Colombia” Also Known as the “Autodefenses Unidas de Colombia” Also Known as “AUC” as a Foreign Terrorist Organization Pursuant to Section 219 of the Immigration and Nationality Act(68 FR 53420 on September 10, 2003) Commentary: Based on a review of the Administrative Record assembled in this matter and in consultation with the Attorney General and the Secretary of the Treasury, the Secretary of State has concluded that there is a sufficient factual basis to find that the relevant circumstances described in Section 219 of the Immigration and Nationality Act, as amended (hereinafter “INA”), continue to exist with respect to the United Self-Defense Forces of Colombia and its aliases. Therefore, effective September 10, 2003, the Secretary of State hereby redesignates that organization as a foreign terrorist organization pursuant to Section 219(a) of the INA. 44. Bureau of Nonproliferation; Imposition of Lethal Military Equipment Assistance Prohibitions Against the Government of Russia and Waiver of These Assistance Prohibitions and Imposition of Discretionary Measures Against Russian Entity Tula KBP (68 FR 54259 on September 16, 2003) Commentary: The United States Government has determined that the Government of Russia transferred lethal military equipment to countries determined by the Secretary of State to be state sponsors of terrorism. The Unites States Government further determined that, despite the transfers, furnishing assistance to the Government of Russia is important to the national interests of the United States. Further, notice is hereby given that it is the policy of the United States Government to deny all U.S. Government assistance to Tula Design Bureau of Instrument Building (Tula KBP), the entity that transferred the lethal military equipment to Iran. 45. Bureau of Nonproliferation; Imposition of Missile Proliferation Sanctions Against a Chinese Entity(68 FR 54930 on September 19, 2003) Commentary: The Department of States has published notice of a determination made that a Chinese entity has 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 13222 of August 17, 2001). Specifically, it has determined that China North Industries Corporation has engaged in missile technology proliferation activities that require the imposition of sanctions described in Section 73(a)(2)(A) and (C) of the Arms Export Control Act (22 U.S.C. 2797b(a)(2)(A) and (C)) and Section 11B(b)(1)(B)(i) and (iii)) of the Export Administration Act of 1979 (950 U.S.C. app. 2410b(b)(1)(B)(i) and (iii)) on the following entity and its sub-units and successors. Accordingly, the following sanctions are imposed on this entity: (A) New individual license for exports to the entity 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 export to the entity described above of MTCR Annex-controlled equipment or technology controlled pursuant to the Arms Export Control Act will be denied for two years; (C) No new United States Government contracts relating to MTCR Annex-controlled equipment or technology involving the entity described above will be entered into for two years; and (D) The importation into the U.S. of products produced by the entity described above is prohibited for a period of two years. With respect to items controlled pursuant to the Export Administration Act of 1979, the export sanction only applies 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(a)(8)(B) of the Arms Export Control Act), the sanctions described in Section 73(a)(2)(A) and (C) of the Arms Export Control Act (22 U.S.C. 2797b(a)(2)(A) and (C)) are also applicable to all activities of the Chinese government relating to the development or production of any 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. However, a further determination was made on August 29, 2003, pursuant to section 73(e) of the Arms Export Control Act (22 U.S.C. 2797b(e)), that it is essential to the national security of the United States to waive for a period of one year from the date of publication of this notice the import sanction described in Section 73(a)(2)(C) of the Arms Export Control Act (22 U.S.C. 2797b(a)(2)(C)) to the extent that this sanction applies to activities described in section 74(a)(8)(B) of the Arms Export Control Act (22 U.S.C. 2797c(a)(8)(B))--i.e., activities of the Chinese government relating to the development or production of any missile equipment or technology and activities of the Chinese government affecting the development or production of electronics, space systems or equipment, and military aircraft. Accordingly, the following sanctions are imposed on 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 United States Government contracts relating to MTCR Annex-controlled equipment or technology involving the government activities described above will be entered into for two years. These measures shall be implemented by the responsible agencies as provided in Executive Order 12851 of June 11, 1993. 46. Redesignation of Foreign Terrorist Organizations (68 FR 56860 on October 2, 2003) Commentary: Pursuant to Section 219 of the Immigration and Nationality Act, as amended, 8 U.S.C. 1189, the Secretary of State or the Deputy Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General, hereby designate, effective October 2, 2003, the following organizations as foreign terrorists organizations:
47. Bureau of Political-Military Affairs; Amendment to the International Traffic in Arms Regulations (68 FR 57352 on October 3, 2003) Commentary: The Bureau of Political-Military Affairs has published a rule amending the International Traffic in Arms Regulations (ITAR) implementing Section 38 of the Arms Export Control Act (AECA) (22 U.S.C. 2778), which governs the import and export of defense articles and defense services. The rule reflects the change in the Directorate of Defense Trade Controls whereby two individuals will now hold the separate positions of Deputy Assistant Secretary of State for Defense Trade Controls and Managing Director of Defense Trade Controls. 48. Amendment of Certain Designations Pursuant to Section 1(b) of Executive Order 13224 (68 FR 58738 on October 10, 2003) Commentary: Acting under the authority of Section 1(b) of Executive Order 13224 of September 23, 2001, as amended by Executive Order 13286 of July 2, 2002, and Executive Order 13284 of January 23, 2003, and in consultation with the Secretary of the Treasury, the Attorney General, and the Secretary of Homeland Security, The Secretary of State determined that the organizations listed below use or have used as aliases the additional names indicated below. The Secretary of State has amended the designations of these organizations to add the following names as aliases:
49. Amendment of Certain Designations Pursuant to Section 1(a)(ii)(A) of Executive Order 12947 (68 FR 58738 on October 10, 2003) Commentary: Acting under the authority of Section 1(a)(ii)(A) of Executive Order 12947 of January 23, 1995, as amended by Executive Order 13099 of August 20, 1998, and in consultation with the Secretary of the Treasury and the Attorney General, Secretary of State determined that the organizations listed below use or have used as aliases the additional names indicated below. The Secretary of State amended the designations of these organizations to add the following names as aliases:
50. Bureau of Political-Military Affairs: Directorate of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (68 FR 59976 on October 20, 2003) Commentary: The Department of State has published a notice of a proposed license for the export of defense articles that are firearms controlled under Category I of the United States Munitions List sold commercially under a contract in the amount of $1,000,000 or more to the Colombian Ministry of National Defense. The Department of State has also published notice of two Proposed Commercial Export Licenses to Congress that exceed the $50,000,000 Congressional Notification threshold for exports to Algeria and the United Kingdom. The Department of State has also published a proposed manufacturing license agreement for the manufacture of significant military equipment abroad and the export of defense articles or defense services in the amount of $50,000,000 or more to Mexico. The Department of State has also published a proposed manufacturing license agreement for the manufacture of significant military equipment abroad and the export of defense articles or defense services in the amount of $100,000,000 or more to Japan. Finally, the Department of State also published notification of two proposed manufacturing license agreements for the manufacture of significant military equipment abroad in the Netherlands and Japan. 51. Determination Pursuant to Section 1(b) of Executive Order 13224 Relating to Dhamat Houmet Daawa Salafia (68 FR 59977 on October 20, 2003) Commentary: Acting under the authority of Section 1(b) of Executive Order 13224 of September 23, 2001, as amended by Executive Order 13286 of July 2, 2002, and Executive Order 13284 of January 23, 2003, and in consultation with the Secretary of the Treasury, the Attorney General, and the Secretary of Homeland Security, the Secretary of State determined that: Dhamat Houmet Daawa Salafia [also known as Group Protectors of Salafist Preaching; aka Houmat Ed Daawa Es Salifiya; aka Katibat El Ahoual; aka Protectors of the Salafist Predication; aka El-Ahoual Battalion; aka Katibat El Ahouel; aka Houmate Ed-Daawa Es-Salafia; aka the Horror Squadron; aka Djamaat Houmat Eddawa Essalafia; aka Djamaatt Houmat Ed Daawa Es Salafiya; aka Salafist Call Protectors; aka Djamaat Houmat Ed Daawa Es Salafiya; aka Houmate el Da'awaa es-Salafiyya; aka Protectors of the Salafist Call; aka Houmat ed-Daaoua es-Salafia; aka Group of Supporters of the Salafiste Trend; aka Group of Supporters of the Salafist Trend] has committed, or poses a significant risk of committing, acts of terrorism that threaten the security of U.S. nationals or the national security, foreign policy, or economy of the United States. 52. Amendment to the International Traffic in Arms Regulations: Mandatory Electronic Filing of Shipper’s Export Declaration With U.S. Customs Using the Automated Export System (AES) (68 FR 61098 on October 27, 2003) Commentary: The Department of State has amended the International Traffic in Arms Regulations to implement the Congressional requirement of the Arms Export Control Act (AECA) for exporters of U.S. Munitions List (USML) articles to provide to the Department of State a report containing all shipment information, to include a description of the item, quantity, value, port of exit, end user and country of destination of the item; and, the Congressional mandate in Public Law 106-113 that amended Section 301, of Title 13 of the U.S. Code authorizing the Secretary of Commerce to require the mandatory electronic filing of export information through the Automated Export System (AES) for items identified in the Commerce Control List (CCL) and the Department of State’s U.S. Munitions List (USML) that require a Shipper’s Export Declaration(SED). In implementing these mandates it was determined that for shipments requiring a SED the use of the Automated Export Systems (AES) system by the Department of State would be the least burdensome to exporting community. Implementation of the electronic filing of the export information using the AES system for shipments of USML articles is mandatory on October 18, 2003. To ensure a seamless transition from paper to electronic reporting, the exporter, or an agent acting on the exporter's behalf, shall, until December 18, 2003, also file with the Bureau of Customs and Border Protection a paper copy of the AES document. The Department has determined that all technical data and defense services export information shall be provided directly to Directorate of Defense Trade Controls (DDTC), regardless of the type of ITAR authorization (e.g., license, agreement, or exemption). The purpose of this filing is to address circumstances (e.g., oral, visual, or electronic transmissions of technical data and defense services) when exports subject to the controls of the ITAR are made and the transfer is not monitored by the Bureau of Customs and Border Protection. A copy of the notification to DDTC shall be provided by the exporter, or an agent acting on the exporter's behalf, to the Bureau of Customs and Border Protection upon request for those shipments that are exported using a U.S. Port (e.g., hand carried exports of technical data). DDTC is finalizing the system for direct electronic reporting of export data to DDTC. Such electronic reporting will be mandatory on January 18, 2004 for reporting exports against DSP-5 technical data licenses, Manufacturing License Agreements, and Technical Assistance Agreements. Guidelines for use of the DDTC export data system will be published on the DDTC Web site ( http://www.pmdtc.org). Although DDTC is delaying mandating reporting of all exports using an exemption, effective January 18, 2004 all paper filing of export information for USML shipments shall cease. Also, effective immediately, use of the Department of State's Direct Shipment Validation Program and the Department of Commerce, Bureau of the Census Option 4 SED filing alternative will be discontinued for all shipments of USML articles. Section 123.24 is also amended to require, for shipments of U.S. Munitions List hardware by the U.S. Postal Service, the electronic filing of export information using the AES and the filing of the license with the Bureau of Customs and Border Protection at a U.S. Port. Shipments of technical data in furtherance of a license or agreement by mail shall be reported directly to DDTC. Section 124.3(a) has been amended to eliminate the requirement that the U.S. party to a manufacturing license or technical agreement certify on an SED that the export of unclassified technical data being exported does not exceed the scope of the agreement and any limitations imposed pursuant to this part. This requirement is no longer needed because unclassified technical data exports will no longer be reported using an SED. Section 125.6 is amended to change the requirement that an exporter, claiming an exemption for the export of technical data under the provisions of sections 125.4 and 125.5, certify on the SED that the proposed export is covered by one of those sections. Section 125.6 will now require that this certification be made by marking the package or letter containing the technical data. The exporter must retain this certification for a period of 5 years. For exports of technical data that are oral, visual or electronic, the certification must still be completed and retained for 5 years. 53. Determination Pursuant to Section 1(b) of Executive Order 13224 Relating to the communist Party of Nepal (Maoist) (68 FR 62158 on October 31, 2003) Commentary: Acting under the authority of Section 1(b) of Executive Order 13224 of September 23, 2001, as amended by Executive Order 13286 of July 2, 2002, and Executive Order 13284 of January 23, 2003, and in consultation with the Secretary of the Treasury, the Attorney General, and the Secretary of Homeland Security, the Deputy Secretary of State determines that the Communist Party of Nepal (Maoist), also known as the United Revolutionary People's Council, also known as the People's Liberation Army of Nepal, also known as CPN(M), has committed, or poses a significant risk of committing, acts of terrorism that threaten the security of U.S. nationals or the national security, foreign policy, or economy of the United States. 54. Amendment to the International Traffic in Arms Regulations: Lifting of National Union for the Total Independence of Angola Embargo and Partial Lifting of Denial Policy Against Iraq (68 FR 65633 on November 21, 2003) Commentary: The Department of State has published a final rule amending the International Traffic in Arms Regulations (ITAR) by removing Angola from the list of proscribed countries. As a result, all license applications and other requests for approval authorizing the export or transfer of defense articles or services to Angola will be reviewed on a case-by-case basis, as is true of all other license applications. Also, this rule partially lifts the denial policy regarding Iraq and removes Iraq as a country supporting acts of international terrorism. Paragraph (d) of Section 126.1 removes Iraq as a country identified as supporting acts of international terrorism in accordance with the “Determination and Certification Under Section 40A of the Arms Export Control Act” (68 FR 28041, May 15, 2003). Furthermore, Section 126.1 (f) is amended to address the partial lifting of the denial policy with regard to Iraq. It states that “it is the policy of the United States to deny license, other approvals, exports and imports of defense articles and defense services, destined for or originating in Iraq except for any non-lethal military equipment or lethal military equipment for us in support of a reconstituted (or interim) Iraqi military or police force required by the Coalition Provisional Authority in accordance with Section 1504 of Public Law 108-111, Emergency Wartime Supplemental Appropriations Act, 2003.” Finally, this rule will remove from Sec. 126.1(a) of the ITAR the use of an exemption Sec. 125.4(b)(13) for technical data approved for public release by the cognizant U.S. Government department or agency or Directorate for Freedom of Information and Security Review to be exported to a proscribed country without a license. This amendment involves a foreign affairs function of the United States and therefore, is not subject to the procedures required by 5 U.S.C. 553 and 554. It is exempt from review under Executive Order 12866 but has been reviewed internally by the Department to ensure consistency with the purposes thereof. This rule does not require analysis under the Regulatory Flexibility Act or the Unfunded Mandates Reform Act. 55. Determinations Pursuant to Executive Order 13224 Relating to Jaish e-Mohammed and Lashkar e-Tayyiba (68 FR 74282 on December 23, 2003) Commentary: The Secretary of State, in consultation with the Secretary of Treasury, the Attorney General, and the Secretary of Homeland Security, has amended the designation of Jaish e-Mohammed pursuant to Executive Order 13224 to add the following names as aliases: Khuddam-ul-Islam, Khudamul Islam, and Kuddam e Islami. The Secretary of State, in consultation with the Secretary of Treasury, the Attorney General, and the Secretary of Homeland Security, has also amended the designation of: Lashkar e-Tayyiba pursuant to Executive Order 13224 to add the following names as aliases: al Mansoorian, al Mansooreen, Army of the Pure and Army of the Pure and Righteous. 56. Redesignation of Foreign Terrorist Organizations(68 FR 74282 on December 23, 2003) Commentary: Pursuant to Section 219 of the Immigration and Nationality Act, as amended, 8 U.S.C. 1189, the Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General, hereby re-designates, effective December 23, 2003, the following two organizations as foreign terrorist organizations:
57. Bureau of Nonproliferation; Imposition of Missile Proliferation Sanctions Against Macedonian Entities (68 FR 74692 on December 24, 2003) Commentary: The Acting Assistant Secretary of State for Nonproliferation, Department of State has published a determination that two Macedonian entities have engaged in missile technology proliferation activities that require the imposition of sanctions pursuant to the Arms Export Control Act, as amended, and the Export Administration Act or 1979, as amended (as carried out under Executive Order 13222 of August 17, 2001). These entities and their subunits and successors are: Blagohja Samakoski (Macedonian national) and Mikorsam (Macedonia). Accordingly, the following sanctions are being imposed on these entities: (A) New individual licenses for exports to the entities described above of MTCR Annex equipment or technology controlled pursuant to the Export Administration Act of 1979 will be denied for two years; (B) New licenses for export to the entities described above of MTCR Annex 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 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 sanction only applies to exports made pursuant to individual export licenses. 58. ureau of Nonproliferation; Imposition of Nonproliferation Measures on Macedonian Entities, Including a Ban on U.S. Government Procurement (68 FR 74692 on December 24, 2003) Commentary: The U.S. Government has determined that two Macedonian entities have engaged in missile technology proliferation activities that require the imposition of measures pursuant to sections 4(b), 4(c), and 4(d) of Executive Order 12938. These entities are Blagoja Samakoski (Macedonian national) and Mikrosam (Macedonia). Accordingly, pursuant to the provisions of Executive Order 12938, as amended, the following measures are imposed on these entities and their subunits and successors for a period of two years:
These measures shall be implemented by the responsible departments and agencies as provided in Executive Order 12938. In addition, pursuant to Section 126.7(a)(1) of the International Traffic in Arms Regulations, it is deemed that suspending the above-named entities from participating in any activities subject to Section 38 of the Arms Export Control Act would be in furtherance of the national security and foreign policy of the United States. Therefore, until further notice, the Department of State is hereby suspending all licenses and other approvals for: (a) Exports and other transfers of defense articles and defense services from the United States; (b) transfers of U.S.-origin defense articles and defense services from foreign destinations; and (c) temporary import of defense articles to or from the above-named entities. Moreover, it is the policy of the United States to deny licenses and other approvals for exports and temporary imports of defense articles and defense services destined for these entities. 59. Bureau of Political-Military Affairs: Directorate of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (68 FR 74092 on December 24, 2003) Commentary: The Department of State has published a Notification of one proposed license for the export of major defense equipment and defense articles in the amount of $50,000,000 or more to Israel. The Department of State has published a Notification of one proposed license for the export of major defense equipment and defense articles in the amount of $100,000,000 or more to the United Kingdom. The Department of State has also published a notice of three proposed licenses for the export of defense articles that are firearms controlled under Category I of the United States Munitions List sold commercially under a contract in the amount of $1,000,000 or more to Belgium, Greece and the United Arab Emirates. The Department of State has also published a proposed manufacturing license agreement for the manufacture of significant military equipment abroad and the export of defense articles or defense services in the amount of $50,000,000 or more to Italy and Belgium. The Department of State has also published notification of a proposed manufacturing agreement of the manufacture of significant military equipment abroad and the license for the export of defense articles or defense services sold commercially under a contract in the amount of $50,000,000 to the Republic of Korea. The Department of State also published notification of four proposed manufacturing license agreements for the manufacture of significant military equipment abroad in Canada, Japan, Turkey and the United Kingdom. The Department of State has also published notification of four proposed export of defense articles or defense services sold commercially under a contract in the amount of $50,000,000 or more to Israel, Saudi Arabia, South Korea and Germany and Republic of Korea. The Department of State also published a notification of a total of four proposed licenses for the export of defense articles and defense services sold commercially under a contract in the amount of $100,000,000 or more to the Australia, Japan and two to the United Kingdom. The Department of State has also published a notification of one proposed manufacturing license agreements for the manufacture of significant military equipment abroad and the export of defense articles or defense services old commercially under contact in the amount of $100,000,000 or more to the United Kingdom, Germany, Spain, Turkey and the Netherlands. The Department of State has also published a proposed license of defense articles in the amount of 50,000,000 or more to Saudi Arabia.
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