NOTICES
PUBLISHED IN THE FEDERAL REGISTER DURING 1991
DEPARTMENT OF STATE, OFFICE OF DEFENSE TRADE CONTROLS
INTERNATIONAL TRAFFIC IN ARMS REGULATIONS
(22 CFR part 120 et seq.)
NOTE: CHANGES TO THE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS LISTED BELOW ARE NUMBERED CONSECUTIVELY, BEGINNING IN JANUARY OF THE NEW YEAR.
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1. Munitions Exports to Oldelft and Related Entities (56 FR 8824 on March 1, 1991)
All outstanding export licenses and other approvals to Oldelft, Delft Instruments N.V., OIP Instrubel, and Franks & Co. Optik GmbH, as well as subsidiary and associated companies, were revoked. This revocation remains in effect until the Department of Commerce denial order issued on February 28, 1991 is lifted.
2. Reinstatement of Suspended Munitions Export Licenses to Kuwait (56 FR 19711 on April 29, 1991)
3. Transfer of Certain Inertial Navigation Systems to the Department of Commerce (56 FR 23020 on May 20, 1991)
As a result of a commodity jurisdiction proceeding, the Departments of Commerce, State and Defense have determined that certain inertial navigation systems, which previously were subject to State Department jurisdiction for export to selected destinations, are now no longer "inherently military in character". Therefore, effective on June 19, 1991, they will be licensed exclusively by the Department of Commerce.
In light of the fact that Kuwait has been liberated, the Department of State has formally announced that all export licenses suspended in August of 1990 have been reinstated, and applications are once again being accepted and reviewed on a case-by-case basis.
4. Notice: Imposition of Missile Proliferation Sanctions Against Chinese and Pakistani Entities (56 FR 32601 on July 17, 1991)
Commentary: Exercising for the first time his new powers under the National Defense Authorization Act for Fiscal Year 1991, the Secretary of State has determined that two Chinese entities and one Pakistani entity have engaged in missile technology proliferation activities which require imposition of trade sanctions. Therefore, applications for export licenses filed with the Department of State and the Department of Commerce to export commodities and technologies on the Missile Technology Control Regime Annex, and U.S. Government contracts related to such items, will be denied for a period of two years. These entities are: (1) China Great Wall Industry Corporation, (2) China Precision Machinery Import Export Corporation, and (3) Space and Upper Atmosphere Research Commission (Pakistan).
5. Notice: Suspension of Munitions Export Licenses to Yugoslavia (56 FR 333222 on July 19, 1991)
Commentary: In light of the turmoil in Yugoslavia, the Department of State has suspended all outstanding licenses and other authorizations to export defense articles and services to Yugoslavia, and notified exporters that it is the U.S. Government's policy to deny all such applications in the future.
6. Proposed Rules: Amendments to the ITAR (56 FR 34037 on July 25, 1991)
Commentary: On July 25, 1991, the Office of Defense Trade Controls ("ODTC") published six separate notices in the Federal Register requesting public comment on certain aspects of the so-called U.S. Munitions List Rationalization Exercise. These proposed rules verify our skepticism, reported to you in the past few months, that by the time that ODTC completed analyzing the U.S. Munitions List for overlap with the COCOM International List and justified retention of certain items on the Munitions List, very few commodities and technologies in fact would be transferred to the Department of Commerce's licensing authority. Indeed, this appears to be the case. Note, however, that the Rationalization Exercise is not yet complete. ODTC is expected to publish additional proposed rules dealing with important categories, including space electronics and encryption, in the coming weeks.
7. Proposed Rules: Amendments to the ITAR (56 FR 42285 on August 27, 1991)
Commentary: This proposed rule would amend the International Traffic in Arms Regulations with respect to controls on a number of defense articles, the most important of which is encryption software and devices. (This is a follow-up to the July 25, 1991, publication of six separate notices in the Federal Register requesting public comment on certain aspects of the so-called U.S. Munitions List Rationalization Exercise.) The proposed liberalization with respect to encryption software is less extensive than many had hoped. However, there is an interesting note in the preamble to the effect that "most mass market software products containing encryption are expected to fall under Commerce jurisdiction." Query whether UNIX, with over 2.5 million licensees worldwide, qualifies as "mass market"?!
8. Proposed Rule: Amendments to the ITAR (56 FR 43894 on September 5, 1991)
Commentary: This proposed rule would amend the International Traffic in Arms Regulations ("ITAR") with respect to controls on spacecraft and related equipment. It would create a new Category XV for spacecraft, clarify what spacecraft are on the Munitions List, and create general parameters for removal of certain spacecraft from the Munitions List where it would not "significantly jeopardize national security."
9. Proposed Rule: Amendments to the ITAR (56 FR 43896 on September 5, 1991)
Commentary: This proposed rule would amend the ITAR in the important and controversial area of Military and Space Electronics (Category XI of the Munitions List) specifically with respect to cryptographic techniques and TEMPEST technology.
10. Proposed Rule: Amendments to the ITAR (56 FR 46753 on September 16, 1991)
Commentary: Another proposed rule amending the ITAR, this time in Category XII of the Munitions List, would remove certain types of lasers, image intensifiers and infrared equipment from the scope of controls under the ITAR.
11. Proposed Rule: Amendments to the ITAR (56 FR 46754 on September 16, 1991)
Commentary: This proposed rule would amend the ITAR coverage of Inertial Navigation Systems, eliminating the overlap between the Munitions List and COCOM Industrial List.
12. Notice Regarding Suspension of Export Licenses to Japan Aviation Electronics Industry Ltd. and Aero Systems, Inc. and Related Entities (56 FR 46818 on September 16, 1991)
Commentary: Because of an indictment in U.S. court charging that Japan Aviation Electronics Industry, Ltd., Aerosystems Inc. and its subsidiaries, Aero Systems Aviation Corp., Hierax Company Ltd., and Aerosystems PTE, Ltd. sold inertial navigation systems for F-4 aircraft to Iran, all outstanding export licenses to such entities have been revoked.
13. Notice: Suspension of Munitions Export Licenses to Haiti (56 FR 50968 on October 9, 1991)
Commentary: This notice implements the Organization of American States embargo on the export of all munitions articles to Haiti, in the wake of the coup which overthrough the democratically elected government of President Jean-Bertrand Aristide on September 30, 1991.
14. Missile Proliferation and ARMSCOR (56 FR 51734 on October 15, 1991)
Commentary: This notice reflects a determination by the Under Secretary of State that ARMSCOR has engaged in missile technology proliferation activities that require prohibition on exports of products which are listed on the Missile and Technology Annex of the Missile Technology Control Regime ("MTCR").
15. Amendments to the ITAR (56 FR 55457 on October 28, 1991)
Commentary: This is a very important amendment because it revises the definition of technical data under the ITAR, making it explicit that basic marketing information on function or purpose, or general system descriptions, of defense articles are not included within the definition of technical data. The definition is still far from explicit, and leaves considerable room for interpretation on a case-by-case basis. However, it is an improvement over the previous language. Additional changes relaxed the requirements regarding exports of packing crates, and exports to U.S. government agencies.
16. Amendments to the ITAR (56 FR 55630 on October 29. 1991)
Commentary: The Department of State has formally removed Chile, Poland, Hungary, Czechoslovakia, East Germany and South Yemen from the list of proscribed destinations for exports of defense articles and services, and formally added Iraq to the proscribed destinations list. In addition, the policy regarding South Africa has been amended to provide that exports of items on the U.S. Munitions List which are not on the United Nations embargo list, and which are exported solely for commercial purposes and not for use by the South African military or police, may now be approved on a case-by-case basis.
17. Determination under the Arms Export Control Act (56 FR 64830 on December 12, 1991)
Commentary: From this notice, it is clear that the President has made a determination that a specific Foreign Military Sale is in the national interest. However, the details are classified, so that one can only speculate as to the specific country, weapons system, etc. Publication of this notice reflects heightened sensitivity to the formalities of notice in light of the Iran-Contra affair, where the President failed to notify Congress, and some of his assistants got into trouble ....
18. Eligibility of the Czech and Slovak Federal Republic to be Furnished Defense Articles and Services under the Foreign Assistance Act and the Arms Export Control Act (56 FR 65171 on December 16, 1991)
Commentary: The title is self-explanatory. The President has determined that "the furnishing of defense articles and services to the Czech and Slovak Federal Republic will strengthen the security of the United States and promote world peace."
19. Eligibility of the Republic of Hungary to be Furnished Defense Articles and Services under the Foreign Assistance Act and the Arms Export Control Act (56 FR 65173 on December 16, 1991)
Commentary: Again, the title is self-explanatory. The President has determined that "the furnishing of defense articles and services to the Republic of Hungary will strengthen the security of the United States and promote world peace."
20. Eligibility of the Republic of Poland to be Furnished Defense Articles and Services under the Foreign Assistance Act and the Arms Export Control Act (56 FR 65175 on December 16, 1991)
Commentary: Once again, the title is self-explanatory. The President has determined that "the furnishing of defense articles and services to the Republic of Poland will strengthen the security of the United States and promote world peace."