NOTICES
PUBLISHED IN THE FEDERAL REGISTER DURING 1992
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. Statutory Debarment under the ITAR (57 FR 1296 on January 13, 1992)
Commentary: This notice lists eight individuals convicted of conspiracy/violations of the Arms Export Control Act, who now are subject to statutory debarment from participating in arms export transactions for a period of three years following their convictions.
2. (Proposed) Amendments to the ITAR (57 FR 1886 on January 16, 1992)
Commentary: In this proposed rule, the Office of Defense Trade Controls suggests that the controls on spacecraft systems and associated equipment under Category XV on the U.S. Munitions List of the ITAR should be modified to transfer authority to license certain Global Positioning Systems receivers to the Department of Commerce's Bureau of Export Administration. This represents the first (modest) fruits of the USML "Rationalization" exercise with respect to spacecraft; however, the commentary suggests that other items remain under review, and may be removed on a case-by-case basis through the Commodity Jurisdiction procedure in the interim.
3. (Proposed) Amendments to the ITAR (57 FR 1888 on January 16, 1992)
Commentary: The Office of Defense Trade Controls has recommended reducing the level of controls on certain patrol vessels and special naval equipment, by removing their designation as "Special Military Equipment".
4. Defense Trade Advisory Group; Establishment (57 FR 11343 on April 2, 1992)
Commentary: ODTC has created an advisory group under the Federal Advisory Committees Act, to solicit industry guidance.
5. Imposition of Missile Proliferation Sanctions Against North Korean and Iranian Entities (57 FR 11767 on April 7, 1992)
Commentary: Lyongaksan Machineries & Equipment Export Corp. and Changgwang Credit Corp. (North Korea), and the Ministry of Defense and Armed Forces Logistics (Iran) are subject to sanctions.
6. Waiver of Missile Technology Proliferation Sanctions on Foreign Persons (57 FR 11768 on April 7, 1992)
Commentary: Sanctions are waived against China Great Wall Industry Corp. and China Precision Machinery Import Export Corp.
7. Amendments to ITAR Category I Firearms (57 FR 12774 on April 13, 1992
Commentary: Certain non-automatic weapons have been removed from the Munitions List.
8. Rescission of Suspended Exports Regarding Japan Aviation Electronics Industry Ltd. and Related Entities (57 FR 12849 on April 13, 1992)
Commentary: The title is self-explanatory.
9. Munitions Exports to A. Rosenthal (Pty) Ltd. Located in Namibia and South Africa, and Two of its Employees, Karl Cordig and Ian Ace (57 FR 13152 on April 15, 1992)
Commentary: ODTC suspended export licenses to these parties.
10. (Proposed) Amendments to ITAR Category XV Satellites (57 FR 14671 on April 22, 1992)
Commentary: ODTC has issued a proposed rule which would remove some commercial satellites from the Munitions List. The proposal still does not go as far as industry wants, and is being reissued for public comment.
11. Amendments to the U.S. Munitions List (57 FR 15227 on April 27, 1992)
Commentary: This is a very important final rule which completely revises the United States Munitions List of the International Traffic in Arms Regulations. This rule is the first real fruits of the so-called "U.S. Munitions List Rationalization Exercise", pursuant to the President's directive to remove dual-use items from the Munitions List and transfer them to the Commerce Department's Commerce Control List. Although some items have in fact been transferred, progress has been quite limited on a number of important issues, like encryption. (This final rule essentially re-states ODTC and NSA's pre-existing policy on encryption, without making significant new transfers from State to Commerce.) There is a suggestion in the preamble that some bracketed items may be transferred later, when the Commerce Department has established satisfactory foreign policy controls, but it seems clear that the total number of products transferred as a result of the U.S. Munitions List Rationalization exercise will be quite modest.
12. Imposition of Missile Proliferation Sanctions Against North Korean and Iranian Entities; Correction (57 FR 15347 on April 27, 1992)
Commentary: This is a minor amendment to the notice of April 7, described above.
13. (Proposed) Comprehensive Revision of the ITAR (57 FR 19666 on May 7, 1992)
Commentary: The Office of Defense Trade Controls has published a (proposed) comprehensive revision to the International Traffic in Arms Regulations. Public comments are due on June 8, 1992. This proposed rule would amend practically every section of the ITAR except for the United States Munitions List ("USML"). Modest revisions to the USML were considered as a part of the so-called USML Rationalization Exercise and published as a final rule on April 27, 1992 (57 FR 15227).
14. Determination Regarding Missile Proliferation: Glavkosmos and ISRO (57 FR 21143 on May 18, 1992)
Commentary: Having determined that Glavkosmos of the Soviet Union was conspiring to export items subject to the Missile Technology Control Regime Annex to the Indian Space Research Organization, the Department of State has announced certain sanctions, including (1) denial of export licenses for two years, (2) denial of U.S. Government contracts for two years, and (3) a ban on importation of products produced by these entities into the U.S. for two years.
15. Determination Regarding Missile Proliferation: Glavkosmos and ISRO (57 FR 21319 on May 19, 1992)
Commentary: This notice does not add appreciably to the sanctions imposed the previous day.
16. Defense Trade Advisory Group; Meeting (57 FR 27082 on June 17, 1992)
Commentary: The Department of State announced the first meeting of the recently formed Defense Trade Advisory Group (similar to the Commerce Department's Technical Advisory Committees) which will be held on July 10 at the State Department in Washington, D.C.
17. Open Forum Concerning International Traffic in Arms Regulations Proposed Amendments (57 FR 27715 on June 22, 1992)
Commentary: The Office of Defense Trade Controls held a public forum on June 29 at the State Department to entertain public comment on the proposed revisions to the ITAR published in the Federal Register on May 7 (57 FR 19666). Based on the comments, it was apparent that the commentators felt that the following issues were the most important: (1) the new definition of "defense articles", (2) the revisions to the Commodity Jurisdiction procedures, (3) the SED requirements, and (4) the reporting requirements. Other changes received fewer public comments.
18. Imposition of Missile Technology Sanctions Against North Korean and Syrian Entities (57 FR 29924 on July 7, 1992)
Commentary: The State Department has imposed sanctions against Lyongaksan Machineries & Equipment Export Corporation and Changgwang Credit Corporation in North Korea, as well as against the Syrian Scientific Research Center (a/k/a Centre d'Estudes et Recherches Scientifique) and Syrian Ministry of Defense, for engaging in missile proliferation related activities.
19. Amendment to the International Traffic in Arms Regulations (ITAR), the United States Munitions List (57 FR 32148 on July 10, 1992)
Commentary: The Office of Defense Trade Controls has announced a modest liberalization in the export controls on encryption software, in the form of an interim rule with request for comments. Under this new procedure, mass market software using RSA Data Security's RC2 and RC4 encryption algorithms will be entitled to more favorable treatment.
20. Statutory Debarment under the ITAR (57 FR 37184 on August 18, 1992)
Commentary: The Department of State published a notice containing the names of five additional individuals and entities that are now subject to statutory debarment from participating in export transactions under the International Traffic in Arms Regulations. These individuals and entities include Dilligas Trading Company, George R. Mitchell, Novacom Inc., Pan Aviation Inc., and Sarkis Soghanalian.
21. Rescission of Suspended Exports Regarding Delft Instruments, N.V. and Related Entities (57 FR 38708 on August 26, 1992)
Commentary: The Office of Defense Trade Controls has rescinded all sanctions previously announced with respect to Delft Instruments and its operating divisions and subsidiaries, as part of a consent agreement between these entities and the Department of State.
22. Amendment to the International Traffic in Arms Regulations (ITAR) (57 FR 41077 on September 9, 1992)
Commentary: The Department of State published a final rule which clarifies the scope of Global Positioning System (GPS) receivers which remain controlled under the ITAR. The Department of Commerce is expected to issue a conforming rule in the near future amending the Export Administration Regulations. This should reduce the number of Commodity Jurisdiction requests in this area, and indicates the impending conclusion of the U.S. Munitions List Rationalization Exercise, commenced in 1990.
23. Office of Defense Trade Controls; Munitions Exports to Aero Maroc Industrie, also known as AMIN, and Related Entities (57 FR 41960 on September 14, 1992)
Commentary: All existing licenses have been suspended to Aero Maroc Industrie, also known as AMIN, and subsidiaries, and future applications to these entities will be subject to a policy of denial, due to the belief on the part of the Office of Defense Trade Controls that this entity has made a false statement or omitted a material fact in an export license application in connection with an export to Morocco.
24. Defense Trade Advisory Group; Meeting (57 FR 43479 on September 21, 1992)
Commentary: The DTAG will hold its second public meeting on October 14, 1992.
25. Statutory Debarment under the ITAR (57 FR 43768 on September 22, 1992)
Commentary: This notice is a correction of the notice published on August 18, 1992.
26. Amendment to the International Traffic in Arms Regulations (ITAR) (57 FR 48315 on October 23, 1992)
Commentary: The Department of State published a final rule which transfers certain commercial communications satellites from the USML of the ITAR to the Commerce Control List of the Export Administration Regulations. Satellites with remote sensing capabilities, satellites with survivability characteristics exceeding those necessary for survival in the natural environment, and spacecraft with high power systems normally used in military satellites remain on the USML. In addition, it is important to note that most technical data for the manufacture of satellites remains controlled under the more restrictive provisions of the ITAR.
27. Suspension of Munitions Export Licenses to Sudan (57 FR 49741 on November 3, 1992)
Commentary: The Department of State has suspended all licenses or other approvals authorizing the export of items on the U.S. Munitions List to Sudan.
28. Suspension of Transfer of Anti-Personnel Mines (57 FR 55614 on November 25, 1992)
Commentary: In accordance with Section 1365 of the Defense Authorization Act of 1993, the Department of State has suspended all outstanding export licenses or other approvals for exports of anti-personnel mines to all destinations, and further indicated that its policy will be to deny all applications for export of such items to all countries in the future.
29. Suspension of Munitions Export Licenses to Somalia (57 FR 59851 on December 16, 1992)
Commentary: The Department of State has suspended all export licenses and other approvals to Somalia, as required by United Nations Resolution 733.
30. Restriction of Munitions Export Licenses to Yemen (57 FR 59852 on December 16, 1992)
Commentary: This notice indicates that all export license applications to Yemen are being scrutinized on a case-by-case basis, with a presumption of denial for "lethal articles or items supporting such articles".
31. Policy Governing Munitions Export Licenses to Cyprus (57 FR 60265 on December 18, 1992)
Commentary: This notice indicates that export license applications to Cyprus are being denied, except for items intended for the United Nations force trying to keep peace on the island.
32. Suspension of Munitions Export Licenses to Liberia (57 FR 60265 on December 18, 1992)
Commentary: This notice indicates that all export license applications to Liberia are being suspended and/or denied, except for such items as are intended for the United Nations force trying to keep peace in that country.
33. (Proposed) Amendment to the ITAR (57 FR 61589 on December 28, 1992)
Commentary: This proposed rule would clarify the scope of remote sensing satellites controlled under the ITAR, and narrow the scope of space-related components to only those specifically designed or modified for controlled satellites. In addition, a new five-part test for radiation-hardened microelectronic integrated circuits controlled under the ITAR is proposed.
34. Defense Trade Advisory Group Partially Closed Meeting (57 FR 62600 on December 31, 1992)
Commentary: The DTAG will meet on February 2, 1993.