NOTICES
PUBLISHED IN THE FEDERAL REGISTER DURING 1996
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. Amendment to the International Traffic in Arms Regulations (61 FR 6111 on February 16, 1996)
Commentary: Over two years after the announcement by Deputy Assistant Secretary of State for Export Controls Martha Harris, the Department of State’s Office of Defense Trade Controls has published a final rule implementing the so-called "Personal Use" exemption authorizing the temporary export of cryptographic products classified under Category XIII(b)(1) of the International Traffic in Arms Regulations. Some of the more onerous requirements contained in previous drafts have been eliminated. However, there are a number of detailed requirements which must be met in order to qualify. Some of the more important features of the Personal Use exemption are summarized below.
1. Limited to U.S. Citizens and Permanent Residents. The Personal use exemption is only available to U.S. citizens and permanent residents. It is not available to foreign nationals, even if they are lawfully in the United States under a temporary visa and employed by a U.S. company.
2. Use Limitation. The Personal Use exemption only authorizes exports for use by the traveler to effect secure communications. It does not authorize the traveler to make sales of the product, or even to demonstrate or otherwise market the product.
3. Country Limitations. The Personal Use exemption does not authorize even temporary exports to destinations listed in Section 126.1 of the ITAR (e.g., Russia, China and other restricted countries).
4. Security Precautions In-transit. The exporter must keep the product in carry-on luggage or lock it in checked baggage.
5. Security Precautions Abroad. The exporter must take normal precautions to ensure the security of the product in a hotel room, safe, or other comparably secure location.
6. Recordkeeping. The exporter must keep records reflecting the date of the temporary export and subsequent import, a description of the product, the countries entered, including the dates of entry and exit for each foreign country.
7. Certification. The exporter must make a self-certification that the individual complied with requirements of the ITAR, and has no reason to believe that the cryptographic product was lost, stolen copied or otherwise compromised or transferred abroad.
Although these requirements would seem to exceed those which are strictly necessary, they represent a distinct improvement over prior drafts. Most importantly, the requirement that the exporter provide advance written notice to the State Department has been eliminated.
The most difficult aspect of compliance is likely to be obtaining the required certification that the requirements of this provision have been met. A sample certification might provide as follows:
Sample Certification in Compliance with ITAR
Section 123.27
Personal Use Exemption - Temporary Cryptographic Product Export
Name of Traveler: __________________________
Description of Products Temporarily Exported
Product No. 1: ________________________
Product No. 2: ________________________
Product No. 3: ________________________
Date of Export from U.S.: ____________
Date of Import into U.S.: ____________
Foreign Countries Entry and Exit Dates:
Country No. 1: __________________
Country No. 2: __________________
Country No. 3: __________________
I hereby certify that I have no reason to believe that any of the temporarily exported cryptographic products were stolen, lost, copied, sold or otherwise transferred while abroad.
_______________________________
(Signature of Traveler)
2. Bureau of Political-Military Affairs; Foreign Assistance Act; Determinations (61 FR 10056 on March 12, 1996)
Commentary: The Department of State’s Bureau of Political-Military Affairs has made a determination pursuant to the Foreign Assistance Act, and concluded that publication of the details would be harmful to the national security.
3. Defense Trade Advisory Group; Renewal of Charter and Notice of Upcoming Partially Closed Meeting (61 FR 12128 on March 25, 1996)
Commentary: The Charter of the Defense Trade Advisory Group has been extended for another two years, and the next meeting will be held on May 16, 1996.
4. Amendment to the List of Proscribed Destinations (61 FR 19841 on May 3, 1996)
Commentary: The Department of State’s Office of Defense Trade Controls has removed Russia from the list of proscribed destinations in Section 126.1 of the International Traffic in Arms Regulations.
5. Statutory Debarment under the International Traffic in Arms Regulations (61 FR 29784 on June 12, 1996)
Commentary: The Department of State’s Office of Defense Trade Controls has issued a notice that Teledyne Industries Inc., Swissco Management Group, Inc. and Edward A. Johnson have been statutorily debarred from engaging in exports of products subject to the International Traffic in Arms Regulations.
6. Imposition of Sanctions Against Entities in Iran and North Korea (61 FR 29785 on June 12, 1996)
Commentary: The Department of State’s Bureau of Political-Military Affairs has imposed a ban on exports of missile related products and technologies against Changgwang Sinyong Corporation (aka the Korea Mining Development Trading Bureau of North Korea), the Ministry of Defense Armed Forces Logistics (Iran) and the State Purchasing Office (Iran) for engaging in the proliferation of ballistic missiles.
7. Amendments to the International Traffic in Arms Regulations; Afghanistan (61 FR 33313 on June 27, 1996)
Commentary: The State Department’s Office of Defense Trade Controls has amended the International Traffic in Arms Regulations to indicate that the U.S. will not issue licenses authorizing transactions involving Afghanistan.
8. Amendment to the International Traffic in Arms Regulations (61 FR 36625 on July 12, 1996)
Commentary: The Department of State’s Office of Defense Trade Controls has issued a final rule to reflect that it is no longer the policy of the United States to deny licenses or other approvals for the export or import of defense articles or services destined for or originating in the states of the former Yugoslavia, with the exception of Serbia and Montenegro.
9. Amendment to the List of Proscribed Destinations (61 FR 41499 on August 9, 1996)
Commentary: The Department of State’s Office of Defense Trade Controls has issued a final rule which states that it no longer is the policy of the United States to deny licenses or other approvals for the export or import of defense articles or services destined for or originating in the states of Georgia, Kazakhstan, Kyrgyzstan, Moldova, Turkmenistan and Uzbekistan.
10. Amendment to the List of Proscribed Destinations (61 FR 41737 on August 12, 1996)
Commentary: The Department of State has removed Ukraine from the list of countries subject to a policy of denial.
11. Bureau of Political-Military Affairs; Amendments to the International Traffic in Arms Regulations (61 FR 48830 on September 17, 1996)
Commentary: The Department of State’s Office of Defense Trade Controls has issued a final rule which eliminates the requirement of reporting subsequent exports of unclassified technical data. This final rule also corrects a typographical error in the definition of "technical data" as well as clarifies the authority and changes the names of offices, bureaus and officers which have changed since 1990.
12. Removal of Commercial Satellites and Hot Section Technology From State’s USML for Transfer to Commerce’s CCL (61 FR 56894 on November 5, 1996)
Commentary: The Department of State’s Office of Defense Trade Controls has amended the U.S. Munitions List of the International Traffic in Arms Regulations to transfer hot section technology associated with commercial aircraft engines and commercial communications satellites classified under Categories VIII, XIII and XV to the jurisdiction of the Commerce Department. Note that corresponding changes to the Export Administration Regulations were published on October 21, 1996 at 61 FR 54540. See also Executive Order 13020, which provides for enhanced inter-agency review of these types of products and technologies.
13. Defense Trade Advisory Group; Notice of Upcoming Partially Closed Meeting (61 FR 59481 on November 22, 1996)
Commentary: The Defense Trade Advisory Group will meet at the State Department on December 5, 1996.
14. Additional Information for the Iran and Libya Sanctions Act (61 FR 66067 on December 16, 1996)
Commentary: The Department of State has published a clarification of the term "investment" as it is used in the Iranian Assets Control Regulations and Iranian Transactions Regulations, as well as the Libyan Sanctions Regulations, which restrict investments in those countries.
15. Amendment to the International Traffic in Arms Regulations (61 FR 68633 on December 30, 1996)
Commentary: The Department of State has amended the International Traffic in Arms Regulations by removing from the U.S. Munitions List, for transfer to the Commerce Control List, all cryptographic items except those which are specifically designed or modified for military applications.