NOTICES
PUBLISHED IN THE FEDERAL REGISTER DURING 1993
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 Involving Armour of America or Arthur G. Schreiber (58 FR 4450 on January 14, 1993)
Commentary: This notice provides that all existing licenses and other approvals granted under the ITAR authorizing export or transfer by, for, or to, the above named entities or any subsidiaries or associated companies are hereby suspended, due to the fact that the Department of State has reason to believe that these persons and entities have violated the Arms Export Control Act and the International Traffic in Arms Regulations.
2. Statutory Debarment under the International Traffic in Arms Regulations (58 FR 6835 on February 2, 1993)
Commentary: The Department of State has added eight individuals to its list of persons prohibited from participating in export transactions based on prior criminal convictions.
3. Statutory Debarment under the International Traffic in Arms Regulations (58 FR 12440 on March 4, 1993)
Commentary: The Department of State's Office of Defense Trade Controls has identified nine additional individuals who are subject of statutory debarment, due to prior convictions for violating the Arms Export Control Act.
4. Statutory Debarment under the International Traffic in Arms Regulations; Japan Aviation Electronics Industry, Ltd. (58 FR 13519 on March 11, 1993)
Commentary: As a result of its recent conviction for violation of the Arms Export Control Act, Japan Aviation Electronics Industry, Ltd. has become the subject of statutory debarment.
5. Statutory Debarment under the International Traffic in Arms Regulations (58 FR 26028 on April 29, 1993)
Commentary: Delft Instruments N.V. of the Netherlands and its subsidiaries engaged in the defense business have been subject to a three year statutory debarment (with two years suspended pursuant to a Consent Agreement with the State Department).
6. Suspension of Munitions Export Licenses to Zaire (58 FR 26024 on April 29, 1993)
Commentary: All validated licenses authorizing exports of defense articles and services to Zaire have been suspended and should be returned to the Office of Defense Trade Controls.
7. Suspension of Munitions Export Licenses to Burma (58 FR 33293 on June 16, 1993)
Commentary: The Department of State has given notice that it has suspended all licenses and other approvals for the export of items on the United States Munitions List to Burma, effective June 16, 1993, until further notice.
8. Angola; Removal of the Domestic Arms Embargo (58 FR 35864 on July 2, 1993)
Commentary: The Department of State has removed the domestic arms embargo on Angola. It will review license applications on a case-by-case basis, with a presumption of denial for lethal articles.
9. Policy on Export Licenses to Guatemala (58 FR 38597 on July 19, 1993)
Commentary: The Department of State has indicated that it will review all licenses and other approvals to export to Guatemala are being reviewed on a case-by-case basis, in light of foreign policy concerns.
10. Amendments to the International Traffic in Arms Regulations (58 FR 39280 on July 22, 1993)
Commentary: The Department of State has published the long-awaited final rule which constitutes the first comprehensive revision of the ITAR since 1984. Many of the specific changes were foreshadowed in the proposed rule published on May 7, 1992. Among the more important changes are the following:
Revision of the policy used to designate defense article to take into account civil application and functional equivalence;
Increase in the validity of licenses from 3 to 4 years;
New exemptions from licensing requirements for (1) exports under approved manufacturing or technical assistance agreements, (2) spare parts valued at $500 or less, (3) intra-company transfers of components for assembly, (4) temporary imports for repair or servicing, and (5) items previously licensed for temporary export to trade shows;
New definitions for the terms "technical data" and "public domain";
Clarification of the Commodity Jurisdiction procedure; and
Requirement that officials who sign applications be empowered in writing to make the certifications with respect to eligibility to receive licenses.
This new rule should be reviewed carefully by all persons who either manufacture or export products controlled under the ITAR.
11. Determination under the Arms Export Control Act (58 FR 40685 on July 29, 1993)
Commentary: The State Department announced a determination under the Arms Export Control Act "publication of which would be harmful to the national security".
12. Policy on Munitions Export Licenses to Nigeria (58 FR 40845 on July 30, 1993)
Commentary: The State Department announced that export license applications for Nigeria would be "highly scrutinized" case-by-case due to the military's failure to cooperate in the transition to civilian rule.
13. Defense Trade Advisory Group; Partially Closed Meeting (58 FR 45144 on August 26, 1993)
Commentary: The Department of State has announced a meeting of the Defense Trade Advisory Group which will be held on October 6, 1993.
14. Imposition of Missile Proliferation Sanctions Against Entities in China and Pakistan (58 FR 45408 on August 27, 1993)
Commentary: After the failure of last-minute negotiations, the Department of State announced that it was imposing sanctions against China for allegedly violating the Missile Technology Control Regime ("MTCR") with respect to exports to Pakistan. The new China sanctions represent a delicate diplomatic and political balancing act for the Clinton Administration. On the one hand, during the campaign, candidate Clinton criticized the Bush administration for its "business as usual" approach toward China, and promised to "get tough" with China after he took office. On the other hand, as President, Clinton continued China's Most Favored Nation trading status earlier this summer.
Compounding the problem is the fact that the intelligence community apparently is divided over whether the most recent shipments to Pakistan really will make a material difference to Pakistan's missile development program. Further complicating the situation for the President, the recent Helms amendment (sponsored by Sen. Jesse Helms, D-NC) to the National Defense Authorization Act mandates that the President impose sanctions on China, if he finds that China has violated the MTCR.
As a result, the State Department has imposed the least comprehensive sanctions available under the law. The sanctions apply only to selected entities and to exports of certain missile and space related products. Existing export licenses have not been revoked or suspended, nor has the Bureau of Export Administration exercised its "is informed" powers.
In summary, the new sanctions do not impose a broad, new embargo on exports of dual use products and technologies to China. However, it is quite possible that additional violations of the MTCR by China could result in broader sanctions which could dramatically impact U.S. trade with China.
15. Amendments to the International Traffic in Arms Regulations (58 FR 47636 on September 10, 1993)
Commentary: This final rule removes the controls on certain ground equipment for remote sensing satellites as well as parts and components related thereto, and places all remaining satellite controls under Category XV of the ITAR.
16. Munitions Exports Involving Industries Cardoen Limitada, a/k/a INCAR, Carlos Cardoen, Jorge Burr, Franco Saffa, Swisscom Management Group, Inc., Teledyne Wah Chang Albany, Ronald W. Griffin and Edward A. Johnson (58 FR 49540 on September 23, 1993)
Commentary: All existing licenses and other approvals issued to the above-referenced entities have been suspended, and it shall be the policy of the State Department to deny future applications. Use of ITAR exemptions for exports to such entities also are precluded.
17. Statutory Debarment under the International Traffic in Arms Regulations (58 FR 50382 on September 27, 1993)
Commentary: The Department of State has imposed statutory debarments for a period of three years on four parties that conspired with Japan Aviation Electronics Industry, Ltd. to violate the ITAR.
18. Determination Sudan (58 FR 52523 on October 8, 1993)
Commentary: The Secretary of State has determined that the Sudan is a nation which sponsors international terrorism. Eventually, the Department of Commerce will add the Sudan to the list of terrorist countries (joining Cuba, Iran, Iraq, Libya, North Korea and Syria).
19. Office of Defense Trade Controls; Munitions Exports Involving Eliyahu Cohen a/k/a Eli Cohen; A.V.S. Armoured Vehicles' Systems, Inc., a/k/a A.V.S. Inc.; A.V.S. Armoured Vehicles' Spares, Ltd.; a/k/a A.V.S., Ltd. (58 FR 53015 on October 13, 1993)
Commentary: All existing licenses and other approvals issued to the above-referenced entities have been suspended, and it shall be the policy of the State Department to deny future applications.
20. Statutory Debarment under the International Traffic in Arms Regulations (58 FR 58586 on November 2, 1993)
Commentary: The Office of Defense Trade Controls has added four individuals to the list of persons subject to statutory debarment under the International Traffic in Arms Regulations.
21. Amendments to the International Traffic in Arms Regulations (58 FR 60112 on November 15, 1993)
Commentary: This final rule amends the list of chemicals and compounds controlled under the United States Munitions List as "military explosives and propellants".
22. Amendments to the International Traffic in Arms Regulations (58 FR 60115 on November 15, 1993)
Commentary: This final rule amends Category VI on the United States Munitions List by removing some vessels not considered to be inherently military in nature from the coverage of the ITAR and by removing the designation of other vessels as "significant military equipment".
23. Determination under the Arms Export Control Act and the Foreign Assistance Act of 1961 (58 FR 65001 on December 10, 1993)
Commentary: The President has made a determination under the Arms Export Control Act and the Foreign Assistance Act and has concluded that "publication of the determination would be harmful to the national security of the United States".