NOTICES
PUBLISHED IN THE FEDERAL REGISTER DURING 1997
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. Significant Projects Which Have Been Tendered in the Oil and Gas Sector in Iran (62 FR 1141 on January 8, 1997)
Commentary: The Department of State has issued a list of significant projects which have been tendered in the oil and gas sector in Iran. Although U.S. companies are not expressly forbidden from bidding on these projects, the implication is that these projects would be subject to Congressional scrutiny, and the Office of Foreign Assets Control would not be likely to issue a license authorizing U.S. companies to participate in any contracts awarded to U.S. companies as a result of these tenders.
2. Statutory Debarment under the International Traffic in Arms Regulations (62 FR 13932 on March 24, 1997)
Commentary: The Office of Defense Trade Controls has imposed statutory debarment on three South African entities: Armscor, the Denel Group and Kentron, after those entities pleaded no contest to charges that they had violated the arms embargo against South Africa, during the apartheid era.
3. Statutory Debarment under the International Traffic in Arms Regulations (62 FR 14492 on March 26, 1997)
Commentary: The Office of Defense Trade Controls has imposed statutory debarment on Electrodyne Systems Corporation.
4. Defense Trade Advisory Group; Notice of Upcoming Meeting (62 FR 18377 on April 15, 1997)
Commentary: The Office of Defense Trade Controls has announced that the Defense Trade Advisory Group will meet in May 16, 1997 in Washington, D.C.
5. Bureau of Political-Military Affairs; Determination under the Arms Export Control Act (62 FR 19850 on April 23, 1997)
Commentary: The Office of Defense Trade Controls has made a determination under the Arms Export Control Act, but concluded that publication would be "harmful to the national security of the United States".
6. Bureau of Political-Military Affairs; Amendments to the International Traffic in Arms Regulations; Registration Fees for Manufacturers and Exporters (62 FR 27497 on May 20, 1997)
Commentary: The Office of Defense Trade Controls has amended the International Traffic in Arms Regulations (ITAR) by increasing the registration fees for manufacturers and exporters of defense articles, defense services, and related technical data.
7. Bureau of Political-Military Affairs; Imposition of chemical and Biological Weapons Proliferation Sanctions on Foreign Entities and Persons (62 FR 28304 on May 22, 1997)
Commentary: The United State Government has determined that eight entities and persons have engaged in chemical weapons proliferation activities that require the imposition of sanctions pursuant to the Arms Export Control Act and the Export Administration Act of 1979.
8. Determination and Certification Under Section 40A of the Arms Export Control Act (62 FR 28097 on May 22, 1997)
Commentary: The Acting Secretary of State has determined and certified to Congress that the following countries are not cooperating fully with the United States antiterrorism efforts: Afghanistan; Cuba; Iran; Iraq; Libya; North Korea; Sudan; and Syria.
9. Office of Defense Trade Controls; Statutory Debarment under the International Traffic in Arms Regulations (62 FR 33694 on June 20, 1997)
Commentary: The Office of Defense Trade Controls has imposed statutory debarment for all export license applications and other requests for approval involving Robert Clyde Ivy.
10. Bureau of Political-Military Affairs; Amendment to the List of Proscribed Destinations (62 FR 37133 on July 11, 1997)
Commentary: The Department of State is amending the International Traffic in Arms Regulations (ITAR) to reflect that it is no longer the policy of the United States to deny licenses, other approvals, exports and imports of defense articles and defense services, destined for or originating in Mongolia. All requests for approval involving items covered by the U.S. Munitions List will be reviewed on a case-by-case basis.
11. Bureau of Political-Military Affairs; Determination Under Arms Export Control Act (62 FR 38183 on July 16, 1997)
Commentary: The Office of Defense Trade Controls has made a determination under the Arms Export Control Act, but concluded that publication of the determination would be "harmful to the national security of the United States".
12. Office of Defense Trade Controls; Notification to the Congress of Proposed Export Licenses (62 FR 39569 on July 23, 1997)
Commentary: The Department of State has published Notification of Proposed Export Licenses to Congress that exceed the $14,000,000 and $50,000,000 Congressional Notification threshold.
13. Bureau of Political-Military Affairs; Imposition of Missile Proliferation Sanctions Against Entities in North Korea (62 FR 44302 on August 20, 1997)
Commentary: The United States Government has determined that entities in North Korea have engaged in missile technology proliferation activities that require imposition of sanctions pursuant to the Arms Export Control Act, as amended, and the Export Administration Act of 1979 (as carried out under Executive Order 12424 of August 19, 1994), as amended.
14. Bureau of Political-Military Affairs; Determination Under the Arms Export Control Act (62 FR 44303 on August 20, 1997)
Commentary: The Under Secretary of State for Arms Control and International Security Affairs 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.
15. Bureau of Political-Military Affairs; Determination Under the Arms Export Control Act (62 FR 45907 on August 29, 1997)
Commentary: The Secretary of State has made a determination pursuant to Section 81 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.
16. Bureau of Political-Military Affairs; Imposition of Chemical and Biological Weapons Proliferation Sanctions on Foreign Entities and Persons (62 FR 51926 on October 3, 1997)
Commentary: The United Sates Government has determined that two entities have engaged in chemical weapons proliferation activities that require the impositions of sanctions pursuant to the Arms Export Control Act and the Export Administration Act of 1979 (the authorities of which were most recently continued by Executive Order 12924 of August 19, 1994). The entities are:
- Hans-Joachim Rose (German citizen)
- Rose Import-Export GMBH (German company)
17. Office of the Coordinator for Counterterroism Designation of Foreign Terrorist Organizations (62 FR 52650 on October 8, 1997)
Commentary: The Department of State has published a new list of organizations designated as foreign terrorist organizations effective October 8, 1997.
18. Office of Defense Trade Controls; Reinstatement of Eligibility to Apply for Export/Retransfer Authorization Pursuant to Section 38(g)(4) of the Arms Export Control Act (62 FR 54497 on October 20, 1997)
Commentary: In accordance with these authorities, effective June 17, 1997, eligibility for Teledyne Wah Chang (TWC) to apply for export and retransfer authorizations has been reinstated pursuant to Section 38(g)(4) of the AECA and Section 127.11 of the ITAR. TWC may once again participate in the export or transfer or defense articles or defense services subject to Section 38 of the AECA and the ITAR
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19. Office of Defense Trade Controls; Reinstatement of Eligibility to Apply for Export/Retransfer Authorization Pursuant to Section 38(g)(4) of the Arms Export Control Act (62 FR 54497 on October 20, 1997)
Commentary: In accordance with these authorities, effective August 28, 1997, eligibility for Delft Instruments N.B., (Delft) to apply for export and retransfer authorizations has been reinstated pursuant to Section 28(g)(4) of the AECA and Section 127.11 of the ITAR. Delft may once again participate in the export or transfer or defense articles or defense services subject to Section 38 of the AECA and the ITAR.
20. Office of Defense Trade Controls; Notifications to the Congress of Proposed Export Licenses (62 FR 59011-59013 on October 31, 1997)
Commentary: The Department of State has published Notification of Proposed Export Licenses to Congress that exceed the $14,000,000 and $50,000,000 Congressional Notification threshold.
21. Office of Defense Trade Controls; Notifications to the Congress of Proposed Export Licenses (62 FR 59013 on October 31, 1997)
Commentary: The Department of State has published Notification of Proposed Export Licenses to Congress that exceed the $14,000,000 and $50,000,000 Congressional Notification threshold.
22. Office of Defense Trade Controls; Notifications to the Congress of Proposed Export Licenses (62 FR 61421-61424 on November 17, 1997)
Commentary: The Department of State has published Notifications of Proposed Export Licenses to Congress that exceed the $14,000,000 and $50,000,000 Congressional Notification threshold. These include licenses for export to Japan, Romania, Canada, the United Kingdom, Norway, Ukraine, Russia, Iceland, Korea, Australia, New Zealand, Kuwait and other countries that are not identified.
23. Bureau of Political-Military Affairs; Determination Under the Arms Export Control Act (62 FR 63739 on December 2, 1997)
Commentary: The Under Secretary of State for Arms Control and International Security Affairs has made a determination pursuant to Section 81 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.
24. Bureau of Political-Military Affairs; Amendments to the International Traffic in Arms Regulations (62 FR 67274-67278 on December 24, 1997)
Commentary: The Department of State’s Office of Defense Trade Controls has amended certain provisions of the International Traffic in Arms Regulations (ITAR) in order to reflect recent changes to the Arms Export Control Act (AECA). These changes included requiring reporting on all concluded agreements involving co-production or license production outside of the United Stated of defense articles of U.S. origin as required by the National Defense Authorization Act of FY 1997 (PL 104-201). Also reflected are amended and restated requirements for certification to Congress of certain proposed exports and technical assistance or manufacturing license agreements, generally reducing the time for transfers involving member countries of NATO, Australia, Japan, and New Zealand, as required by the Defense and Security Assistance Improvements Act of 1996 (PL 104-164).
In order to implement these required changes, among others, the Department of State has made amendments to 22 CFR Parts 12, 123, 124, 126, 127, and established a new Part 129.
Part 120 – Purpose and Definitions.
The Definitions of "Significant Military Equipment" and "Defense Services" are amended for clarification purposes.
Part 123 – Licenses for the Export of Defense Articles.
Section 123.15 Congressional notification for licenses for all exports of major defense equipment sold under a contract in the amount of $14,000,000 or more, or exports of defense articles and defense services sold under a contract in the amount of $50,000,000 or more, may take place only after the Office of Defense Trade controls notifies the exporter through issuance of a license or other approval that Congress has not enacted a joint resolution prohibiting the export, and
(1) In the case of a license for an export to NATO, any member country of NATO, or Australia, Japan or New Zealand, 15 calendar days have elapsed since receipt by Congress of the certification.
(2) In the case of a license for an export to any other destination, 30 calendar days have elapsed since receipt by Congress of the certification.
Part 124. AGREEMENTS OFF-SHORE PROCUREMEMT AND OTHER DEFENSE SERVICES
Section 124.4 Deposit of signed agreements with the Office of Defense Trade Controls. A copy of the concluded agreement (whether a manufacturing license or technical assistance agreement) must be filed with the Office of Defense Trade Controls within 30 days after it is entered into force. A written statement must accompany the filing with information as defined within Section 124.4 of the ITAR.
Section 124.11 Certification to Congress for agreements. This section states that Certification from Congress is needed for (1) any Technical Assistance Agreement or Manufacturing License Agreement that involves the manufacture abroad of any item of significant military equipment and (2) any technical assistance agreement or manufacturing license agreement providing the export of major defense equipment in the amount of $14 million or more, or defense articles or services sold under a contract in the amount of $50 million or more.
Part 126 – General Policies and provisions
Section 126.10 Disclosure of information. This Section was amended for the purpose of Determinations required by law. It specifies what if any information may be made public in regards to license being processed within the Department of State.
Part 127 – VIOLATION AND PENALTIES
Section 127.10 Civil Penalty is revised to state what the Assistant Secretary of State for Political-Military Affairs, Department of State is authorized to impose for each violation.
PART 129 – Registration and Licensing of Brokers.
Section 38(b)(1)(A)(ii) of the Arms Export Control Act provides that persons engaged in the business of brokering activities shall register and pay a registration fee as prescribed in regulations, and that no person may engage in the business of brokering activities without a license issued in accordance with the Act. This section provides information of who is required to register, statement and fees, policy of embargoes and other proscriptions, requirements for License/Approval, prior approval, prior notifications, reports required and where to seek guidance with regard to these matters.
25. Office of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses (62 FR 67930 on December 30, 1997)
Commentary: The Department of State has forwarded Notifications of Proposed Export Licenses to the Congress pursuant to section 36(c) and in compliance with section 36(e) of the Arms Export Control Act.