1. Amendment to the International Traffic in Arms Regulations:  United States Munitions List(68 FR 873 on January 7, 2004)

Commentary: The Department of State is amending the International Traffic In Arms Regulations (ITAR) to remove from U.S. Munitions List (USML) jurisdiction certain quartz rate sensors when the sensors are integrated into and included as an integral part of a commercial standby inertial navigation system for use on a civil aircraft or exported solely for integration into such systems.  Basedz on a case-by-case review, the Department will review requests to determine if a sensor is eligible for removal from the USML under this regulatory change.  In such cases, the Department will provide the exporter with written confirmation of this determination and the export of the sensors will be under the licensing jurisdiction of the Department of Commerce.  In all other cases, these items will continue to be covered by the USML and subject to the State Department licensing.

 2. Determination Pursuant to Executive Order 13224 (69 FR 2036 on January 13, 2004)

Commentary: The Department of State has published a determination to amend the designation of the Kurdistan Freedom and Democracy Congress also known as the Freedom and Democracy Congress of Kurdistan, also known as KADEK, also known as the Kurdistan Workers’ Party, also known as the PKK, also known as Partiya Karkeran Kurdistan, also known as the People’s Defense Force, also known as Halu Mesru Savunma Kuvveti (HSK), also known as Kurdistan People’s Congress (KHK), also known as People’s Congress of Kurdistan, also known as KONGRA-GEL, as a Foreign Terrorist Organization pursuant to Section 219 of the Immigration and Nationality Act and pursuant to Section 1(b) of Executive Order 13224.

Based upon a review of the administrative record assembled in this matter, and in consultation with the Attorney General, the Secretary of the Treasury and the Secretary of Homeland Security, the Deputy Secretary of State has concluded that there is a sufficient factual basis to find that the Kurdistan Workers’ Party, also known as the Freedom and Democracy Congress of Kurdistan and other aliases, has changed is name to the Kurdistan People’s Congress (KHK), also known as People’s Congress of Kurdistan, and also known as KONGRA-GEL, and that the relevant circumstances described in Section 219(a)(1) of the Immigration and National Act, as amended (the “INA”) (8 U.S.C. 1189(a)(1)), and in Section 1(b) of Executive Order 13224, as amended (“E.O. 13224”), still exist with respect to that organization.

Therefore, the Deputy Secretary of State has amended the designation of that organization as a foreign terrorist organization, pursuant to Section 219(a)(4)(B) of the INA (u U.S.C. 1189(a)(4)(B)), and further amends the 2001 designation of that organization pursuant to Section 1(b) of E.O., 13224, to include the following new names:  Kurdistan People’s Congress (KHK), People’s Congress of Kurdistan, KONGRA-GEL.

3. Amendment to the International Traffic in Arms Regulations (69 FR 7349 on February 17, 2004)

Commentary: The Department of State is amending the International Traffic in Arms Regulations (ITAR) by modifying the denial policy regarding the Democratic Republic of Congo (DRC). Specifically, it adds a new paragraph (i) at Section 126.1 of the ITAR that modifies the policy to deny licenses, other approvals, exports and imports of defense articles and defense services, destined for or originating in the DRC.  Consistent with UN Security Council Resolution 1493, a denial policy will remain for exports or imports of defense articles and defense services destined for or originating in the Democratic Republic of the Congo except, on a case-by-case basis, for (1) non-lethal equipment and training (lethal and non-lethal) to the MONUC (United Nationals Organization Mission in the Democratic Republic of Conga), and the transitional National Unity Government of the Democratic Republic of the Congo, and the integrated Congolese national army and police forces; and (2) humanitarian or protective use, and related assistance and training as notified in advance to the UN.

Mirroring UN Security Council Resolution 1493, the amendment also imposes an arms embargo on certain groups operating in the territory of North and South Kivu and Ituri in the DRC and with respect to DRG groups not party to the Global and All-Inclusive Agreement.

4. Bureau of Political-Military Affairs; Administrative Debarments Involving Kam-Tech Systems, Ltd. and David Menashe (69 FR 8511 on February 24, 2004)

Commentary: The Department of State has published notice that they have imposed administrative debarment pursuant to Section 127.7(a) and (b)(2) of the ITAR (22 CFR Parts 120 to 130) on persons convicted of a violation of such as to provide a reasonable basis for the Directorate of Defense Trade Controls to believe that the violators cannot be relied upon to comply with the Arms Export Control Act (AECA) (22 U.S.C. 2778) or the ITAR in the future and which violation was established in accordance with Part 128 of the ITAR. 

Pursuant to Section 38 of the AECA and Section 127.7(a) and (b)(2) of the ITAR, the following persons have been administratively debarred by the Assistant Secretary of State for Political-Military Affairs for a period of three years effective the date the Order is signed by Assistant Secretary of State for Political-Military Affairs:

(1) Kam-Tech Systems, Ltd. (“Kam-Tech”), an Israeli company located in Tel Aviv, Israel, and

(2) David Menashe (“Menashe”) owner and business manager of Kam-Tech

At the end of the three-year period, the above named persons will remain debarred unless license privileges are reinstated by the Department of State.

5. Redisignation of Foreign Terrorist Organizations (69 FR 13347 on March 22, 2004)

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, redesignated, effective March 22, 2004, the following three organizations as foreign terrorist organizations:  Al-Aqsa Martyrs Brigade, also known as the al-Aqsa Martyrs Battalion; Asbat al-Ansar; and Salafist Group for Call and Combat, also known as the Salafist Group for Preaching and Combat, also known as GSPC, also known as Groupe Salafiste pour la Predication et le Combat.

6. Foreign Terrorists and Terrorists Organizations; Designation: Ansar al-Islam (69 FR 13347 on March 22, 2004)

Commentary: The Department of State has published a notice Designating Ansar al-Islam, also known as Devotees of Islam, also known as Followers of Islam in Kurdistan, also known as Helpers of Islam, also known as Jund al-Islam, also known as Kurdistan Supporters of Islam, also known as Kurdish Taliban, also known as Partisans of Islam, also known as Soldiers of Islam, also known as Soldiers of God, also known as Supporters of Islam in Kurdistan, also known as Ansar al-Sunna, also known as Ansar al-Sunna Army, also known as Jaish Ansar al-Sunna, as a Foreign Terrorist Organization pursuant to Section 219 of the Immigration and Nationality Act.

7. Office of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (69 FR 15421 on March 25, 2004)

Commentary: The Department of State has published a Notification of Proposed Commercial Export Licenses to Congress that exceed the $50,000,000 Congressional Notification thresholds for exports to Australia, Jordan, Kazakhstan, Mexico, Norway, Russia, Singapore and Ukraine. The Department of State has also published Notification of Proposed Commercial Export Licenses to Congress that exceed $1,000,000 to Japan.

8.  Termination of Chemical and Biological Weapons Proliferation Sanctions Against a Foreign Person  (69 FR 17259 April 1, 2004)

Commentary:  The United States Government, U.S. Department of State has determined to terminate sanctions imposed on a foreign person who had engaged in chemical weapons proliferation activities that required the imposition of sanctions pursuant to the Arms Export Control Act and the Export Administration Act of 1979.  The sanctions against Anotoliy Kuntsevich imposed in 1995 have been terminated.

9. Lifting of Nonproliferation Measures Against Four Russian Entities (69 FR 17262 on April 1, 2004)

Commentary: The Department of State has published a notice determining, pursuant to Section 6 of Executive Order 12938 of November 14, 1994, as amended by Executive Order 13094 of July 28, 1998 that it is in the foreign policy and national security interests of the United States to remove the restrictions imposed pursuant to Section 4(b), 4(c) and 4(d) of the Executive Order on the following Russian entities, their sub-units and successors:  1) Europalace 2000; 2) Grafit (a.k.a. State Scientific Research Institute of Graphite or NIIGRAFIT); 3) MOSO Company; and 4) The Scientific Research and Design Institute of Power Technology (a.k.a. NIKIET, Research and Development Institute of Power Engineering (RDIPE), and ENTEK). 

10. Lifting of Nonproliferation Statutory and Discretionary Measures Against Two Russian Entities, TZNII Central Scientific Research Institute of Precision Machine Building (aka Tzniitochmash) and Volsk Mechanical Plant (69 FR 17263 on April 1, 2004)

Commentary: The Department of State has published a determination pursuant to Section 620H of the Foreign Assistance Act of 1961, as amended, Section 543 of the Foreign Operations, Export Financing, and Related Programs Appropriations, Division D, of the Consolidated Appropriations Act, 2004 (Pub. L. 108-99), and similar provisions in previous annual Foreign Operations, Export Financing, and Related Programs Appropriations Acts, and Executive Order 12163, as amended to waive the statutory assistance ban on two Russian entities.  The United States Government also has determined to remove discretionary nonproliferation measures on the same two Russian entities.  The two entities are TZNII Central Scientific Research Institute of Precision Machine-Building (aka Tzniitochmash) and Volsk Mechanical Plant.  At the same time, a determination was made pursuant to the authorities of the Foreign Assistance Act and the Arms Export Control Act that it is no longer the policy of the United States Government to deny all types of United States Government assistance to these two entities or to deny licenses and other approvals of defense articles and services for export to these two entities.

11. Bureau of Political-Military Affairs; Statutory Debarment Under the International Traffic in Arms Regulations (69 FR 17468 on April 2, 2004)

Commentary: 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 persons convicted of violating or conspiring to violate Section 38 of the Arms Export Control Act (“AECA”) (22 U.S.C. 2778).  Statutory debarment is based solely upon conviction in a criminal proceeding, conducted by a United States court, and as such the administrative debarment proceedings outlined in Part 128 of the ITAR are not applicable.  The period for debarment will be determined by the Assistant Secretary for Political-Military Affairs based on the underlying nature of the violations, but will generally be three years from the date of conviction.  At the end of the debarment period, licensing privileges may be reinstated only at the request of the debarred person following the necessary interagency consultations, after a thorough review of the circumstances surrounding the conviction, and a finding that appropriate steps have been taken to mitigate any law enforcement concerns, as required by Section 38(g)(4) of the ITAR.  Please note, that unless licensing privileges are reinstated, the person/entity will remain debarred.

Pursuant to Section 38 of the AECA and Section 127.7 of the ITAR, the following persons have been statutorily debarred by the Assistant Secretary of State for Political-Military Affairs for a period of three years following the date of their  AECA conviction:  (1) Mart Haller Incorporated, September 10, 2003, United States District Court, District of Connecticut (New Haven), Case #:3:03Cr170(EBB); (2)  (2) Alan Haller, September 10, 2003, U.S. District Court, District of Connecticut (New Haven), Case :3:03Cr169(EBB); (3) Tariq Ahmed a.k.a. “Tariq Amin”, “Tariq Ahmad Amin”, September 30, 2003, U.S. District Court, District of Connecticut (New Haven), Case :3:02CR247(DJS); (4) Yasmin Ahmed a.k.a. “Yasmin Tariq”, “Fatimah Mohammad”, September 4, 2003, U.S. District Court, District of Connecticut (New Haven), Case :3:02CR247(DJS); (5) Jami Siraj Choudhury, November 10, 2003, U.S. District Court, Eastern District of Wisconsin, Case :02-Cr-261.

As noted above, at the end of the three-year period, the above named persons/entities will remain debarred unless licensing privileges are reinstated.

12. Bureau of Nonproliferation; Imposition of Nonproliferation Measures Against Thirteen Entities, Including Ban on U.S. Government Procurement (69 FR 18415 on April 7, 2004)

Commentary: The Department of State determined that thirteen entities have engaged in activities that require the imposition of measures pursuant to Section 3 of the Iran Nonproliferation Act of 2000, which 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, Chemical Weapons Convention, Nuclear Suppliers Group, Wassenaar Arrangement) or otherwise having the potential to make a material contribution to the development of weapons of mass destruction (WMD) or cruise or ballistic missile systems.  The latter category includes (a) items of the same kind as those on multilateral lists, but falling below the control list parameters, when it is determined that such items have the potential of making a material contribution to WMD or cruise or ballistic missile systems, and (b) other items with the potential of making such a material contribution, when added through case-by-case decisions.

Pursuant to Sections 2 and 3 of the Iran Nonproliferation Act of 2000 (Pub. L. 106-178), the U.S. Government determined on March 19, 2004, that the measures authorized in Section 3 of the Act shall apply to the following foreign entities identified in the report submitted pursuant to section 2(a) of the Act:  Baranov Engine Building Association Overhaul Facility (Russia) and any successor, sub-unit, or subsidiary thereof; Beijing Institute of Opto-Electronic Technology (BIOET) (China) and any successor, sub-unit, or subsidiary thereof; Belarus Belvneshpromservice (Belarus) and any successor, sub-unit, or subsidiary thereof; Blagoja Samakoski (Macedonia); Changgwang Sinyong Corporation (North Korea) 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; Elmstone Service and Trading FZE (LLC) (United Arab Emirates) and any successor, sub-unit, or subsidiary thereof;  Goodly Industrial Company Ltd. (Taiwan) and any successor, sub-unit, or subsidiary thereof;  Mikrosam (Macedonia) and any successor, sub-unit, or subsidiary thereof; Oriental Scientific Instruments Corporation (OSIC) (China) and any successor, sub-unit, or subsidiary thereof; Vadim V. Vorobey (Russia); Zibo Chemical Equipment Plant, a.k.a.  Chemet Global Ltd., a.k.a.  South Industries Science and Technology Trading Company, Ltd. (China) and any successor, sub-unit, or subsidiary thereof.

Accordingly, pursuant to the provisions of the Act, 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.

These measures shall be implemented by the responsible departments and agencies of the United States Government and will remain in place for two years from the effective date, except to the extent that the Secretary of State or Deputy 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.

13. Amendment to the International Traffic in Arms Regulations:  Denial Policy Against Iraq. (69 FR 18810 April 9, 2004).

Commentary:  The Department of State has amended the International Traffic in Arms Regulations (ITAR) by modifying the denial policy regarding Iraq at 22 CFR 126.1.  Accordingly, it is the policy of the United States to deny licenses, other approval exports and imports of defense articles, destined for or originating in Iraq except, if determined to be in the national interest of the United States and subject to the notification requirements of Section 1504 of Public Law 108-11, exports may be authorized of nonlethal military equipment and, in the case of lethal military equipment, only which is designated by the Secretary of State (or designee) for use by a reconstituted (or interim) Iraqi military or police for, and of small arms designated by the Secretary of State (or designee) for use for private security purposes.

15. Determination and Certification Under Section 40A of the Arms Export Control Act  (69 FR 28185 May 18, 2004)

Commentary:  The Secretary of State pursuant to Section 40A of the Arms Export Control Act (22 U.S.C. 2781), and Executive Order 11958, as amended, has determined and certified to the Congress that the following countries are not cooperating fully with the United States antiterrorism efforts:  Cuba, Iran, North Korea, Syria and Libya.  The Secretary of State’s decision to retain Libya on the list of countries not fully cooperating with U.S. antiterrorism efforts comes in the context of an on-going and comprehensive review of Libya’s record of support for terrorism. While the review process is not complete, Libya has taken significant steps to repudiate its past support for terrorism.  When the review of Libya’s overall record is complete, the Secretary of State will consult with Congress further.

16. Amendment to the International Traffic in Arms Regulations:  United States Munitions List (69 FR 29222 on May 21, 2004)

Commentary: The Department of State, in consultation with the Departments of Defense and Commerce has reviewed the International Traffic in Arms Regulations (ITAR) Part 121 – The United States Munitions List (USML), Category IX—Military Training Equipment, Category X—Protective Personnel Equipment, Category XII—Fire Control, Range Finder, Optical and Guidance and Control Equipment, Category XIII—Auxiliary Military Equipment, Category XIV—Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment, and Category XVIII—Directed Energy Weapons.  The majority of the changes are relatively minor in scope, with the exception of Categories XIV and XVIII.

This rule incorporates an amendment to the text of Category XIV as published in the Federal Register on November 27, 2002 to account for the existence of personal protection devices for domestic applications such as civil defense that provide protection against the chemical and biological agents controlled by the Category and that integrate components and parts subject to the controls of the ITAR.  This revision transfers to the jurisdiction of the Department of Commerce certain articles previously controlled on the USML.  Specifically, a new interpretive note is added to paragraph (n) of the Category, designated as (4), stating that domestic preparedness devices for individual protection that integrate components and parts identified in this subparagraph are license by the Department of Commerce when such components are:  (1) Integral to the device; (2) inseparable from the device; and (3) incapable of replacement without compromising the effectiveness of the device.  In addition, components and parts identified in this subparagraph exported for integration into domestic preparedness devices for individual protection are subject to the controls of the ITAR.  The Commerce Control List (CCL) entry identified for this commodity is ECCN 1A004 as described in Federal Register 69 FR 25312.

Category XVIII now contains a new interpretive note designated as (g)(2) which was formerly paragraph (h) from Category XIII pertaining to particle beam devices.

17. Determination Pursuant To Section 1(b) of Executive Order 13224 Relating to Hassan Abdullah Hersi al-Turki, also known as Hassan al-Turki  (69 FR 31445 June 3, 2004)

Commentary:  The Secretary of State 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 determine that Hassan Abdullah Hersi, al-Turki, also known as Hassan al-Turki, 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.

8. Office of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (69 FR 31652 on June 4, 2004)

Commentary: The Department of State has published a Notification of Proposed Commercial Export Licenses to Congress that exceed the $50,000,000 Congressional Notification thresholds for exports to Israel, Kazakhstan, Norway, Russia, South Korea and Ukraine. The Department of State has also published Notification of Proposed Commercial Export Licenses to Congress that exceed $1,000,000 to Australia, Canada, Italy, Japan, Poland and the United Kingdom.   The Department of State has also published a Notification of a proposed Export license for the export of major defense equipment sold commercially under a contract in the amount of $14,000,000 or more to Israel.

21. Amendment to the International Traffic in Arms Regulations:  United States Munitions List and Part 123  (69 FR 40313 July 2, 2004)

Commentary:  The Secretary of State, in consultation with the Departments of Defense and Commerce, have amended the text of Category XIV (Toxicological Agents) of the United States Munitions List (USML) as published in the Federal Register on November 27, 2002 to clarify the continuity of coverage for equipment and its  components, parts, accessories, and attachments specifically designed or modified for military operations and compatibility with military equipment and employed for the dissemination, dispersion or testing of agents controlled by the category.

In addition, to reflect the March 29, 2004 accession to the North Atlantic Treaty Organization (NATO) of seven European countries, Section 123.27 of the International Traffic in Arms Regulations (ITAR) is amended to add Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia.

22. Foreign Terrorist Organization; Designation (69 FR 42076 July 13, 2004)

Commentary:  The Secretary of State, in consultation with the Attorney General and the Secretary of Treasury 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 (8 U.S.C. 1189, hereinafter “INA”), to designate the Continuity Irish Republican Army (CIRA), also known as Republican Sinn Fein, as a Foreign Terrorist Organization pursuant to Section 219 of the INA.

23. Bureau of Political-Military Affairs; Rescission of Statutory Debarment and Reinstatement of Eligibility To Apply for Export/Retransfer Authorizations Pursuant to Section 38(g)(4) of the Arms Export Control Act; Armaments Corporation of South Africa Ltd. (Armscor) and the Denel Group (Pty) Ltd. (Denel) (69 FR 43656 July 21, 2004)

Commentary:  The Department of State, has published a notice fully rescinding the statutory debarment against the Armaments Corporation of South Africa Ltd. (Armscor) and the Denel Group (Pty) Ltd. (Denel) and its divisions, and any divisions, subsidiaries, associated companies, affiliated persons, and successor entities pursuant to Section 38(g)(4) of the Arms Export Control Act (AECA) (22 U.S.C. 2778) and §127.11 of the ITAR (22 CFR Parts 120-130).  These two entities and their divisions, subsidiaries, associated companies, affiliated persons, and successor entities may now participate, without prejudice in the export or transfer of defense articles, related technical data, and defense services subject to Section 38 of the AECA and the ITAR.

24. Determination Under the Arms Export Control Act (69 FR 43875 July 22, 2004)

Commentary:  The Bureau of Nonproliferation, Department of State, has published a notice pursuant to Section 654(c) of the Foreign Assistance Act of 1961, that the Under Secretary of State for Arms Control and International Security has made a determination pursuant to Section 73 of the Arms Export Control Act and has concluded that publication of the determination would be harmful to the national security of the United States.

25. Imposition of Missile Proliferation Sanctions Against A Russian Entity (69 FR 43875 July 22, 2004)

Commentary:  The Bureau of Nonproliferation, Department of State, has published a notice of a determination that a Russian entity has engaged in missile technology proliferation activities that require the imposition of sanctions pursuant to the Arms Export control Act, as emended, and the Export Administration Act of 1979, as amended (as carried out under Executive Order 13222 of August 17, 2001).  The entity is the Federal Research and Production Complex Altay (Russia) and its subunits and successors. 

Accordingly, the following sanctions are being imposed on this entity:  (A) New individual licenses for exports to the entity 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 entity 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 entity 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.

26. Bureau of Political-Military Affairs; Rescission of Statutory Debarment and Reinstatement of Eligibility To Apply for Export/Retransfer Authorizations Pursuant to Section 38(g)(4) of the Arms Export Control Act for Fuchs Electronics (Pty) Ltd (69 FR 44563 July 26, 2004)

Commentary:  The Department of State, has published a notice fully rescinding the statutory debarment against Fuchs Electronics (Pty) Ltd. (Fuchs), the Fuchs Electronics Division of Reunert Limited, and any divisions, subsidiaries, associated companies, affiliated persons, and successor entities pursuant to Section 38(g)(4) of the Arms Export Control Act (AECA) (22 U.S.C. 2778) and §127.11 of the ITAR (22 CFR Parts 120-130).  The Department of State has determined that Fuchs (Pty) Ltd has taken appropriate steps to address the causes of the previous violations and mitigate any law enforcement concerns.   Therefore, in accordance with Section 38(g)(4) of the AECA and Section 127.11 of the ITAR, effective July 14, 2004, the debarment against Fuchs, including the Fuchs Electronics Division of Reunert Limited, is rescinded.  The effect of this notice is that Fuchs, and any divisions, subsidiaries, associated companies, affiliated persons, and successor entities may participate without prejudice in the export or transfer of defense articles, related technical data and defense services subject to Section 38 of the AECA and the ITAR.

27. Bureau of Political-Military Affairs:  Directorate of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (69 FR 44704 on July 27, 2004)

Commentary: The Department of State has published a Notification of Proposed Commercial Export Licenses to Congress that exceed the $50,000,000 Congressional Notification thresholds for exports to Germany, Pakistan, South Korea, and Sweden. The Department of State has also published Notification of Proposed Commercial Export Licenses to Congress that exceed $1,000,000 to Columbia and Japan.  The Department of State has published a Notification of Proposed Commercial Export Licenses to Congress that exceed the $100,000,000 Congressional Notification thresholds for exports to Belgium, Canada, Japan, The Netherlands, Norway, and Portugal. The Department of State has also published a Notification of a proposed Export license for the export of major defense equipment sold commercially under a contract in the amount of $14,000,000 or more to South Korea.  The Department of State has also published notifications of proposed manufacturing license agreements for the manufacture of significant military equipment abroad to France, Germany, Israel, Japan, Norway and the United Kingdom.

26. In the Matter of the Redesignation of Communist Party of the Philippines, Also Known as the CPP, Also Known as New People’s Army, Also Known as the NPA, Also Known as the CPP/NPA, as a Foreign Terrorist Organization Pursuant to Section 219 of the Immigration and Nationality Act, as Amended  (69 FR 48269 August 9, 2004)

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 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”), 8 U.S.C. 1189, continue to exist with respect to the Communist Party of the Philippines.  The Communist Party of the Philippines is also knows as the CPP, also known as the New People’s Army, also known as the NPA, and also known as the CPP/NPA.  Therefore, effective August 9, 2004, the Secretary of State hereby redesignates that organization as a Foreign Terrorist Organization pursuant to Section 219(a) of the INA.

27. Determination Under the Arms Export Control Act  (69 FR 56260 on September 20, 2004)

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

28. Imposition of Nonproliferation Measures on an Entity in China, Including a Ban on U.S. Government Procurement  (69 FR 56260 on September 20, 2004)

Commentary:  The U.S. Government has determined that a Chinese 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 U.S. Government has determined that on September 9, 2004, Xinshidai (also known as China Xinshidai Company, XSD, China New Era Group, or China New Era Group) engaged in proliferation activities that require imposing measures pursuant to Sections 4(b), 4(c), and (d) of Executive Order 12938.  The following measures are imposed on this entity, its subunits, and successors for a duration of two years:

(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;

(3)  The Secretary of the Treasury shall prohibit the importation into the United States of any goods, technology, or services produce 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 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 entity.

Moreover, it is the policy of the United States to deny license and other approval for exports and temporary imports of defense articles and defense services destined for this entity.

29. Extension of Waiver of Missile Proliferation Sanctions Against Chinese Government Activities  (69 FR 56261 on September 20, 2004)

Commentary:  The Department of State, Bureau of Nonproliferation has published a determination to extend the waiver of import sanctions against certain activities of the Chinese Government that was announced on September 19, 2003, pursuant to the Arms Export Control Act, as amended.  Specifically, the Department of State has determined that it is essential to the national security of the United States to extend the waiver period for an additional six months, effective from the expiration date of the previous waiver (September 18, 2004).   The activities at issue are 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.

30. Redesignation of the Islamic Movement of Uzbekistan (IMU), as a Foreign Terrorist Organization Pursuant to Section 219 of the Immigration and Nationality Act  (69 FR 57373 on September 24, 2004)

Commentary:  Based upon the 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 (8 U.S.C. 1189, hereinafter “INA”), exist with respect to the Islamic Movement of Uzbekistan (IMU).

  Therefore, effective September 24, 2004, the Secretary of State hereby redesignates the Islamic Movement of Uzbekistan (IMU) as a Foreign Terrorist Organization pursuant to Section 219(a) of the INA.

31. Bureau of Nonproliferation  (69 FR 57746 on September 27, 2004)

Commentary:  The Department of State has published a correction to the document in the Federal Register of September 20, 2004, concerning Imposition of Nonproliferation Measures on an Entity in China, including a ban on U.S. Government Procurement.  The correct name of the entity should read:  Xinshidai (also known as:  China Xinshidai Company, XSD, China New Era Group or New Era Group).

32 Inposition of Nonproliferation Measures Against Fourteen Foreign Entities, Including a Ban on U.S. Government Procurement  (69 FR 58212 on September 29, 2004)

Commentary:  The U.S. Government has determined that fourteen entities have engaged in activities that require the imposition of measures pursuant to Section 3 of the Iran Nonproliferation Act of 2000, which provides for penalties on entities for the transfer to Iran since January 1, 1999, or equipment and technology controlled under multilateral export control lists (Missile Technology Control Regime, Australia Group, Chemical Weapons Convention, Nuclear Suppliers Group, Wassenaar Arrangement) or otherwise having the potential to make a material contribution to the development of weapons of mass destruction (WMD) or cruise or ballistic missile system.  The latter category includes (a) items of the same kind as those on multilateral lists, but falling below the control list parameters, when it is determined that such items have the potential of making a material contribution to WMD or cruise or ballistic missile systems, (b) other items with the potential of making such a material contribution, when added through case-by-case decisions, and (c) items on U.s. national control lists for WMD/missile reasons that are not on multilateral lists.

The fourteen entities include Beijing Institute of Aerodynamics (China) and any successor, sub-unit, subsidiary thereof;  Beijing Institute of Opto-Electronic Technology (BIOET) (China) and any successor, sub-unit, or subsidiary thereof;    Belarus Belvneshpromservice (Belarus) and any successor, sub-unit, or subsidiary thereof;  Changgwang Sinyong Corporation (North Korea) and any successor, sub-unit, or subsidiary thereof;  China Great Wall Industry Corporation (China) and any successor, sub-unit, or subsidiary thereof; China North Industries Corporation (NORINCO) (China) and any successor, sub-unit, or subsidiary thereof; Dr. C. Surendar (India); Dr. Y.S.R. Prasad (India); Khazra Trading (Russia) and any successor, sub-unit, or subsidiary thereof;    LIMMT Economic and Trade Company, Ltd. (China) and any successor, sub-unit, or subsidiary thereof; Oriental Scientific Instruments Corporation (OSIC) (China) and any successor, sub-unit, or subsidiary thereof; South Industries Science and Technology Trading Co., Ltd. (China) and any successor, sub-unit, or subsidiary thereof; Telstar (Spain) and any successor, sub-unit, or subsidiary thereof; and Zaporizhzhya Regional Foreign Economic Association (Ukraine) and any successor, sub-unit, or subsidiary thereof.

Accordingly, pursuant to the provisions of the Act, the following measures are imposed on these fourteen 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.

 

33. Bureau of Nonproliferation; Determination on Export-Import Bank Support for U.S. Exports to Libya (69 FR 60450 on October 8, 2004)

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 Libya. This Presidential determination removes this impediment to Export-Import Bank support for United States exports to Libya beginning November 13, 2004 (45 days after the date of the President’s determination and certification was submitted to Congress).  The Export-Import Bank should be consulted about other legal provisions that may continue to restrict Export-Import Bank support for United States exports to Libya.

34. In the Matter of the Designation of Jam’at al Tawhid wa’al-Jihad, Also Known as the Monotheism and Jihad Group, Also Known as the al-Zarqawi Network, Also Known as the al-Tawhid, as a Foreign Terrorist Organization Pursuant to Section 219 of the Immigration and Nationality Act (69 FR 61292 on October 15, 2004)

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 (8 U.S.C. 1189, hereinafter “INA”), exist with respect to Jam’at al Tawhid wa’al-Jihad.

Therefore, effective October 15, 2004, the Secretary of State hereby designates that organization as a foreign terrorist organization pursuant to Section 219(1) of the INA.

35. Determination Pursuant to Section 1(b) of Executive Order 13224 Relating to the Designation of Jam’at al Tawhid wa’al-Jihad, Also Known as the Monotheism and Jihad Group, Also Known as the al-Zarqawi Network, Also Known as the al-Tawhid(69 FR 61292 on October 15, 2004)

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 organization known as Jam’at al Tawhid wa’al-Jihad, also known as the Monotheism and Jihad Group, also known as the Al-Zarqawi Network, also known as al-Tawhid, 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.

Consistent with the determination in Section 10 of Executive Order 13224 that “prior notice to persons determined to be subject to the Order who might have a constitutional presence in the United States would render ineffectual the blocking and other measures authorized in the Order because of the ability to transfer funds instantaneously,” the Secretary of State has determined that no prior notice need be provided to any person subject to this determination who might have a constitutional presence in the United Sates because to do so would render ineffectual the measure authorized in the Order.

36. Rescission of Determination Regarding Iraq (69 FR 61702 on October 20, 2004)

Commentary:  In accordance with Section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), the Secretary of State hereby rescinded the Determination of September 13, 1990 (Public Notice 1264) that Iraq is a country which as repeatedly provided support for acts of international terrorism.

This action is a further step to cement the partnership of the United States and Iraq in combating acts of international terrorism, and is an act of symbolic importance to the new Iraqi government.  This rescission is appropriate although nearly all the restrictions applicable to countries that have supported terrorism, including the application of 22 U.S.C. 1605(a)(7), were made inapplicable with respect to Iraq permanently in President Directive No. 2003-23 of May 7, 2003, pursuant to Sec. 1503 of Pub. L. 108-11, and as affirmed in the Conference Report for Pub. L. 108-106.

This rescission shall also satisfy the provisions of Section 620(a)(c)(1) of the Foreign Assistance Act of 1961, Pub. L. 87-195, as amended, and Section 40(f)(1)(A) of the Arms Export Control Act, Pub. L. 90-629, as amended.

37. In the Matter of the Redesignation of Jemaah Islamiyah (including Any and All Transliterations of Its Name) as a Foreign Terrorist Organization Pursuant to Section 219 of the Immigration and Nationality Act. (69 FR 62112 on October 22, 2004)

Commentary:  Based upon a review of the Administrative Records 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 (8 U.S.C. 1189, hereinafter “INA”), exist with respect to Jemaah Islamiyah.

Therefore, effective October 22, 2004, the Secretary of State hereby redesignates that organization as a foreign terrorist organization pursuant to Section 219(a) of the INA.

38. Bureau of Nonproliferation:  Determination Under the Foreign Assistance Act and Several Foreign Operations and Related Programs Appropriations Acts (69 FR 62112 on October 22, 2004)

Commentary:  Pursuant to Section 654(c) of the Foreign Assistance Act of 1961, as amended, notice is hereby given that the Deputy Secretary of State has made a determination pursuant to Section 620H of the Foreign Assistance Act, and Section 543 of the Foreign Operations, Export Financing and Related Programs Appropriations, Division D, of the Consolidated Appropriations Resolutions, 2004 (Pub. L. 108-199) and similar provisions in previous year Foreign Operations, Export Financing, and Related Programs Appropriations Acts, and Executive Order 12163, as amended.  The Deputy Secretary of State has concluded that publication of the determination would be harmful to the national security of the United States.

39. Bureau of Nonproliferation; Imposition of Discretionary Measures Against Bulgarian Entries Beta JSC and KAS Engineering Consortium/BMG-M OOD for Transfer of Certain Military Equipment to a State Sponsor of Terrorism (69 FR 62112 on October 22, 2004)

Commentary:  The United States Government has determined that the Bulgarian entities Beta JSC and KAS Engineering Consortium/BMG-M OOD transferred certain military equipment to a state sponsor of terrorism.  As a matter of policy, U.S. Government assistance will be denied to Beta JSC and KAS Engineering Consortium/BMF-M OOD for a period of one year.  Additional measures implemented against Beta JSC and KAS Engineering Consortium/BMG-M OOD include a denial of U.S. Government procurement U.S. Government procurement for one year and the denial of new license and other approval for exports and imports of defense articles and services for the period of one year.

34. Availability of information to the Public (69 FR 63934 on November 3, 2004)

Commentary:  The Department of State has made final the Department’s proposed rule published on March 31, 2004 revising the Department’s regulations governing access by the public to information that is under the control of the Department in order to reflect changes in the provisions of basic underlying laws and executive orders pertaining to access to information (i.e., the Freedom of information Act, the Privacy Act, Executive Order 12958 on National Security Information, the Ethics in Government Act) and in the Department’s procedures since the last revision of the Department’s regulations on this subject.  The Department received one non-substantive comment and proposes no changes to the proposed rule.  The proposed rule is therefore issued as final.

35. Bureau of Nonproliferation:  Determination Under the Foreign Assistance Act and Several Foreign Operations and Related Programs Appropriations Acts (69 FR 64803 on November 8, 2004)

Commentary:  Pursuant to Section 654(c) of the Foreign Assistance Act of 1961, as amended, the Department of State has published notice that the Deputy Secretary of State has made a determination pursuant to Section 620H of the Foreign Assistance Act, and Section 543 of the Foreign Operations, Export Financing and Related Programs Appropriations, Division D, or the Consolidated Appropriations Resolution, 2004 (Pub. L. 108-199) and similar provisions in previous year Foreign Operations, Export Financing and related programs Appropriations Act, and Executive Order 12163, as amended.  The Deputy Secretary of State has concluded that publication of the determination would be harmful to the national security of the United States.

36. Bureauof Political-Military Affairs:  Directorate of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (69 FR 65241 on November 10, 2004)

Commentary: The Department of State has published a Notification of Proposed Commercial Export Licenses to Congress that exceed the $50,000,000 Congressional Notification thresholds for exports to France, India, Israel, Japan, Kazakhstan, Russia, Spain, Sweden and the United Kingdom. The Department of State has also published Notification of Proposed Commercial Export Licenses to Congress that exceed $1,000,000 to Italy and Belgium.  The Department of State has published a Notification of Proposed Commercial Export Licenses to Congress that exceed the $100,000,000 Congressional Notification thresholds for exports to Australia, Canada, Czech Republic, Germany, Japan and the United Kingdom.  The Department of State has also published notifications of proposed manufacturing license agreements for the manufacture of significant military equipment abroad to Egypt and Spain.

37. Bureau of Nonproliferation; Termination of Missile Proliferation Sanctions Against a Russian Entity (69 FR 67617 on November 18, 2004)

Commentary:  The Department of State has published a determination that sanctions imposed on the Russian entity Federal Research and Production Complex Altay (and its subunits and successors) effective July 22, 2004 (69 FR 43875), 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) no longer apply. A determination has also been made to impose sanctions against this entity under separate authority as announced in a separate Notice in the Federal Register.

38. Bureau of Nonproliferation; Imposition of Nonproliferation Measures on an Entity in Russia, Including a Ban on U.S. Government Procurement (69 FR 67617 on November 18, 2004)

Commentary:  The Department of State has published a determination that a foreign entity, the Federal Research and Production Complex Altay (Russia), 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. 

Accordingly, pursuant to the provisions of Executive Order 12938, the following measures are imposed on this entity, its subunits, and successors for two years.

a. 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;

b. 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;

c. 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 os 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 38 of the Arms Export Control Act would be in furtherance of the national security and foreign policy of the United States.  Therefore, for two years, 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 Sates; (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 Unites States to deny licenses and other approval for exports and temporary imports of defense articles and defense services destined for this entity.

45. Foreign Terrorists and Terrorist Organizations; Designation:  Jam’at Tawhid al wa’al-Jihad, et al. (69 FR 70498 on December 6, 2004)

Commentary: The Department of State has designated the following group as a Foreign Terrorist Organization: Jam'at al Tawhid wa'al-Jihad, also known as the Monotheism and Jihad Group, also known as the al-Zarqawi Network, also known as al-Tawhid, also known as Tanzim Qa'idat al-Jihad fi Bilad al-Rafidayn, also known as the Organization of al-Jihad's Base in Iraq, also known as the Organization of al-Jihad's Base of Operations in Iraq, also known as al-Qaida of Jihad in Iraq, also known as al-Qaida in Iraq, also known as al-Qaida in Mesopotamia, also known as al-Qaida in the Land of the Two Rivers, also known as al-Qaida of the Jihad in the Land of the Two Rivers, also known as al-Qaida of Jihad Organization in the Land of the Two Rivers, also known as al-Qaida Group of Jihad in Iraq, also known as al-Qaida Group of Jihad in the Land of the Two Rivers, also known as the Organization of Jihad's Base in the Country of the Two Rivers, also known as the Organization Base of Jihad/Country of the Two Rivers, also known as the Organization of al-Jihad's Base in the Land of the Two Rivers, also known as the Organization Base of Jihad/Mesopotamia, also known as the Organization of al-Jihad's Base of Operations in the Land of the Two Rivers, also known as Tanzeem qa'idat al Jihad/Bilad al Raafidaini.

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 has determined that the designated terrorist organization known as Jam'at al-Tawhid wa'al-Jihad, aka the Monotheism and Jihad Group, aka, the al-Zarqawi Network, also known as al-Tawhid, has amended its name to Tanzim Qa'idat al-Jihad fi Bilad al-Rafidayn and all the translations and transliterations of that name listed above continues to commit, 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.

46. Amendment to the International Traffic in Arms Regulations:  Registration Fee Change (69 FR 70888 on December 8, 2004)

Commentary:  The Department of State has published a rule amending the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 122 and 129) by increasing the registration fees, changing the registration renewal period, and making other minor administrative changes.  This amendment revises 22 CFR 122.2(a) and 122.3(a) and 129.4(a) to reference Form DS-2032 (Statement o Registration), in lieu of Form DSP-9 as the applicable from for registration purposes.  The amendment to 22 CFR 122.2(a) also reflects that the State Department will notify the registrant if the Registration Statement is incomplete, but will no longer return incomplete materials to the sender.  Finally, 22 CFR 122.2(c) is amended by removing its reference to 22 CFR 60.2(c) because that provision no longer exists.

This amendment also revises 22 CFR 122.3(a) to change the maximum registration period to two years from four years.  The registration fees as set forth in 22 CFR 122.3(a) are raised to $1,750.00 for one year and $3,500.00 for 2 years, with a maximum registration period of 2 years.  In addition, this amendment removes 22 CFR 122.3(c).  The State Department will no longer provide fee refunds to registrants that cease to engage in the manufacture or export of defense articles and defense services.

Bureauof Political-Military Affairs:  Arms Export Embargo on Côte d’Ivoire (Ivory Coast) (69 FR 74560 on December 14 , 2004)

Commentary: The Department of State has published a notice that all licenses and other approvals to export or otherwise transfer defense articles and defense services to Côte d’Ivoire (Ivory Coast) are suspending until further notice pursuant to Sections 38 and 42 of the Arms Export Control Act (AECA).  These actions have been taken in accordance with U.S. Security Council Resolution 1572, unanimously passed on November 15, 2004, which imposes an embargo on the export of arms and related material, as well as defense services, to the West African nation of Côte d’Ivoire.  The embargo will remain in effect for a period of 13 months unless otherwise amended.

The resolution establishes several exceptions under which the embargo will not apply, namely:

(a)Supplies and technical assistance intended solely for the support of or use by UNOCI (United Nationals Operations in Côte d’Ivoire) and the French forces who support them;

(b)Supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance and training, as approved in advance by a representative committee consisting of all the members of the Security Council;

(c)Supplies of protective clothing, including flak jackets and military helmets, temporarily exported to Côte d’Ivoire by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only;

(d)Supplies temporarily exported to Côte d’Ivoire to the forces of a State which is taking action, in accordance with international law, solely and directly to facilitate the evacuation of its nationals and those for who it has consular responsibility in Côte d’Ivoire, as notified in advance to the representative committee consisting of all the members of the Security Council; and

(e)Supplies of arms and related material and technical training and assistance intended solely for support or use in the process of restructuring defense and security forces as approved in advance by the representative committee consisting of all the members of the Security Council.

48. Determination Pusuant to Section 212(a)(3)(B)(vi)(II) of the Immigration and Nationality Act, as Amended, Placing Al Manar on the Terrorist Exclusion List (69 FR 75587 on December 17, 2004)

Commentary:  Acting under the authority of Section 212(a)(3)(B)(vi)(II) of the Immigration and Nationality Act, as amended (INA), 8 U.S.C. 1182(a)(3)(B)(vi)(II), and in consultation with the Attorney General and the Secretary of Homeland Security, the Secretary of State has concluded that Al Manar is a “terrorist organization” within the meaning of that section of the INA.

49. Foreign Terrorists and Terrorist Organizations; Designation:  Jam’at al Tawhid Wa’al-Jihad et al. (69 FR 75587 on December 17, 2004)

Commentary:  In the Matter of the Amended Designation of Jam'at al Tawhid wa'al-Jihad, also known as The Monotheism and Jihad Group, also known as the al-Zarqawi Network, also known as al-Tawhid, also known as Tanzim Qa'idat al-Jihad fi Bilad al-Rafidayn, also known as The Organization of al-Jihad's Base in Iraq, also known as The Organization of al-Jihad's Base of Operations in Iraq, also known as al-Qaida of Jihad in Iraq, also known as al-Qaida in Iraq, also known as al-Qaida in Mesopotamia, also known as al-Qaida in the Land of the Two Rivers, also known as al-Qaida of the Jihad in the Land of the Two Rivers, also known as al-Qaida of Jihad Organization in the Land of the Two Rivers, also known as al-Qaida Group of Jihad in Iraq, also known as al-Qaida Group of Jihad in the Land of the Two Rivers, also known as The Organization of Jihad's Base in the Country of the Two Rivers, also known as The Organization Base of Jihad/Country of the Two Rivers, also known as The Organization of al-Jihad's Base in the Land of the Two Rivers, also known as The Organization Base of Jihad/Mesopotamia, also known as The Organization of al-Jihad's Base of Operations in the Land of the Two Rivers, also known as Tanzeem qa'idat al Jihad/Bilad al Raafidaini, as a Foreign Terrorist Organization pursuant to Section 219 of the Immigration and Nationality 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 Deputy Secretary of State has concluded that there is a sufficient factual basis to find that Jam'at al Tawhid wa'al-Jihad, also known as the Zarqawi Network and other aliases, has changed its name to Tanzim Qa'idat al-Jihad fi Bilad al-Rafidayn, and that the relevant circumstances in section 219(a)(1) of the Immigration and Nationality Act, as amended (8 U.S.C. 1189(a)(1)) still exist with respect to that organization.

Therefore, effective upon the date of publication in the Federal Register, the Deputy Secretary of State hereby amends the 2004 designation of that organization as a foreign terrorist organization, pursuant to Sec.  219(a)(4)(B) of the INA (8 U.S.C. 1189(a)(4)(B)), to include the following new names:

Tanzim Qa'idat al-Jihad fi Bilad al-Rafidayn,

The Organization of al-Jihad's Base in Iraq,

The Organization of al-Jihad's Base of Operations in Iraq,

al-Qaida of Jihad in Iraq, al-Qaida in Iraq,

al-Qaida in Mesopotamia,

al-Qaida in the Land of the Two Rivers,

al-Qaida of the Jihad in the Land of the Two Rivers,

al-Qaida of Jihad Organization in the Land of the Two Rivers,

al-Qaida Group of Jihad in Iraq,

al-Qaida Group of Jihad in the Land of the Two Rivers,

The Organization of Jihad's Base in the Country of the Two Rivers,

The Organization Base of Jihad/Country of the Two Rivers,

The Organization of al-Jihad's Base in the Land of the Two Rivers,

The Organization Base of Jihad/Mesopotamia,

The Organization of al-Jihad's Base of Operations in the Land of the TwoRivers,

Tanzeem qa'idat al Jihad/Bilad al Raafidaini.

50. Designation of the Libyan Islamic Fighting Group Also Known as LIFG as a Foreign Terrorist Organization Pursuant to Section 219 of the Immigration and Nationality Act, as Amended (69 FR 75587 on December 17, 2004)

Commentary:  Based upon a review of the Administrative Records assembled in this matter, and in consultation with the Attorney General and the Secretary of the Treasury, the Deputy 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”), 8 U.S.C. 1189, exists with respect to the Libyan Islamic Fighting Group.  The Libyan Islamic Fighting Group is also known as LIFG.  Therefore, the Deputy Secretary of State designates that organization as a Foreign Terrorist Organization pursuant to Section 219(a) of the INA.