NOTICES
PUBLISHED IN THE FEDERAL REGISTER DURING 1999
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.
To search the Federal Register for the full text of the regulations, Click Here
1. Bureau of Political-Military Affairs; Office of Defense Trade Control; Munitions Export Involving CWP Industries, Inc. and/or Luciana Lawrence (64 FR 200 on January 4, 1999)
Commentary: The Department of State has notified exporters that henceforth its policy will be to deny all export license applications or approvals sought by CWP Industries, Inc. and any of its subsidiaries, associated companies or successor entities, of defense articles or defense services, and Luciana Lawrence.
2. Imposition of Nonproliferation Measures Against Entities in Russia, Including Ban on U.S. Government Procurement (64 FR 2935 on January 19, 1999)
Commentary: The Bureau of Political-Military Affairs has determined that three entities in Russia have engaged in nuclear or missile technology proliferation activities that require the imposition of sanctions. The entities are D. Mendeleyev University of Chemical Technology of Russia (including at 9 Miusskaya Sq. Moscow 125047, Russia); Moscow Aviation Institute (MAI) (including at 4 Volokolamskoye Shosse, Moscow 125871, Russia); and The Scientific Research and Design Institute of Power Technology (aka NIKIET, Research and Development Institute of Power Engineering [RDIPE], and ENTEK)(including at 101000, P.O. Box 788, Moscow, Russia).
3. Bureau of Political-Military Affairs; Suspension of Munitions Export Licenses and Other Approvals Destined for Russian Companies and Related Matters (64 FR 2936 on January 19, 1999)
Commentary: The Bureau of Political-Military Affairs has given notice that all licenses and other approvals for defense articles and defense services involving the Russian entities, identified in item (2) above are suspended, effective immediately. Furthermore, it is the policy of the United States to deny licenses, other approvals, exports and temporary imports of defense articles and defense services destined for these Russian entities.
4.Office of Defense Trade Controls: Notifications to the Congress of Proposed Commercial Export License (64 FR 7934 on February 17, 1999)
Commentary: The Department of State has published a Notification of Proposed Commercial Export Licenses to Congress. The Manufacturing License Agreements are for exports to Spain, the United Kingdom, and Japan.
5. Department of State; Amendments to the International Traffic in Arms Regulations (ITAR): Control of Commercial Communications Satellites on the United States Munitions List (64 FR 13679 on March 22, 1999)
Commentary: The Department of State has published a final rule amending the International Traffic in Arms Regulations by reasserting export control jurisdiction with respect to commercial communications satellites under the U.S. Munitions List.
6. Office of Defense Trade Controls: Notifications to the Congress of Proposed Commercial Export License (64 FR 17430 on April 9, 1999)
Commentary: The Department of State has published a Notification of Proposed Export Licenses to Congress that exceeds the $50,000,000 Congressional Notification thresholds. The licenses are for exports to Kazakhstan, Norway, and the United Kingdom.
7. Department of State; Amendments to the International Traffic in Arms Regulations (ITAR) (64 FR 17531 on April 12, 1999)
Commentary: The Department of State has published a final rule amending the International Traffic in Arms Regulations in response to the President’s directive implementing the Model Regulations for the Control of the International Movement of Firearms, Their Parts and Components, and Ammunition ("Model Regulations"). It was determined that the predominant sanctions requiring change are the U.S. Munitions List (USML), the Canadian exemption, and the personal use exemption for firearms and ammunition. Review of the Canadian exemption resulted in removal of the exemption for several USML items, including all Category I firearms and Category II ammunition for the firearms in Category I. It was also determined that the language should be revised to seek better understanding and compliance by U.S. exporters of the current regulations of the ITAR and AECA when using the existing exemption: specifically, those of Part 123 dealing with reexport or retransfer, and congressional notifications, and of Part 124 that any production of a USML article in Canada requires prior written approval in accordance with Part 124 of the ITAR. In carrying out these initiatives, §§ 121.1, 121.9, 123.17, 124.13 and 126.5 of the International Traffic in Arms Regulations (ITAR) are being amended.
8. Bureau of Political-Military Affairs; Imposition of Missile Proliferation Sanctions Against Entities in the Middle East, Including a Ban on Certain U.S. Government Procurement (64 FR 18957 on April 16, 1999)
Commentary: The United States Government has determined that certain entities in the Middle East 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 amended (as carried out under Executive Order 12424 of August 19, 1994). These entities are Arab British Dynamics (ABD); Helwan Machinery and Equipment Company; and Kader Factory for Developed Industries.
9. Office of Defense Trade Controls: Notifications to the Congress of Proposed Commercial Export License (64 FR 23145 on April 29, 1999)
Commentary: The Department of State has published a Notification of Proposed Export Licenses to Congress that exceeds the $50,000,000 Congressional Notification thresholds. The licenses are for exports to Norway, Russia, Turkey, Ukraine and the United Kingdom.
10. Bureau of Nonproliferation; Imposition of Lethal Military Equipment Sanctions Against the Government of Russia and Partial Waiver of These Sanctions (64 FR 23148 on April 29, 1999)
Commentary: The United States Government has determined that the Government of Russia transferred lethal military equipment to a country determined by the Secretary of State to be a state sponsor of terrorism. The United States Government determined that, despite the transfers, furnishing assistance to the Government of Russia, other than assistance furnished to the three Russian entities specifically involved in the transfer of lethal military equipment, is important to the national interests of the United States. Further, it is the policy of the United States Government to deny U.S. Government assistance to these three entities: Tula Instrument Design Bureau (including at Tula 300001, Russia); Volsk Mechanical Plant (including at Saratov Region, 412013, Volsk, Russia); and TZNII Central Scientific Research Institute of Precision Machine-Building (a/k/a Tzniitochmash)(including at 142080 Klimovsk, Russia). The effective date of this notice is March 29, 1999.
11. Office of Defense Defense Trade Contols; Statutory Debarment Under the International Traffic in Arms Regulations (64 FR 25389 on May 11, 1999)
Commentary: The Department of State has imposed statutory debarment pursuant to Sec. 127.7(c) of the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120-130) on five persons convicted of violating or conspiring to violate section 38 of the Arms Export Control Act (AECA) (22 U.S.C. 2778). The names of the debarred persons are: Robert Cassidy, George K. Cheng, Robert S. Fairchild, Donn R. Proven, and Parviz Lavi. This notice is provided in order to make the public aware that these five persons are prohibited from participating directly or indirectly in any brokering activities and in any export from or temporary import into the United States of defense articles, related technical data, or defense services in all situations covered by the ITAR.
12. Determination and Certification Under Section 40A of the Arms Export Control Act (64 FR 26474 on May 14, 1999)
Commentary: Pursuant to Section 40A of the Arms Export Control Act (Public Law 90-629), as added by the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132) (22 U.S.C. 2771 et seq.), and Executive Order 11958, as amended, Strobe Talbott, Acting Secretary of State has determined and certified to the Congress that the following countries are not cooperating fully with United States antiterrorism efforts: Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria.
13. Bureau
of Political-Military Affairs; Suspension of Munitions Export Licenses and Other Approvals Destined for
Russian Companies and Related Matters (64 FR 31029 on June 9, 1999)
Commentary: The
Bureau of Political-Military Affairs has given notice that all licenses and
other approvals for defense articles and defense services involving certain
Russian entities are suspended, effective immediately.
Notice has been further given that it is the policy of the United States
to deny licenses, other approvals, exports and temporary imports of defense
articles and defense services destined for these Russian entities.
The suspended Russian entities are Tula Instrument Design Bureau, Volsk
Mechanical Plant, and Central Scientific Research Institute of Precision
Machine-Building.
14. Office
of Defense
Trade Controls:
Notifications to the Congress of Proposed Commercial Export Licenses (64 FR 32074 on June 15, 1999)
15. Bureau of
Political-Military Affairs; Policy on Munitions Export Licenses to Nigeria
(64 FR 34304 on June 25, 1999)
Commentary: The Bureau of Political-Military Affairs has given notice that it is no longer the policy of the United States to deny all requests for license and other approvals to export defense articles or defense services to Nigeria. Therefore, U.S. persons registered with the Department of State’s Office of Defense Trade Controls may henceforth submit requests that will be reviewed on a case-by-case basis.
16.
Office of
Defense Trade Controls:
Notifications to the Congress of Proposed Export Licenses (64 FR 36942 on July 8, 1999)
Commentary:
The Department of State has published Notifications of Proposed Export
Licenses that exceed the $14,000,000 and $50,000,000 Congressional Notification
thresholds. The licenses are for exports to Egypt and the United Kingdom.
17.
Chemical
Weapons Convention and the Chemical Weapons Convention Implementation Act of
1998; Taking of Samples; Record Keeping and Inspections (64 FR 39244 on July 21, 1999)
Commentary:
The Department of State is proposing to establish regulations to implement the
provisions of the Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on Their Destruction, also known as
the Chemical Weapons Convention (CWC or Convention) and the Chemical Weapons
Convention Implementation Act of 1998 (Act) on the taking of samples and on the
enforcement of the requirements concerning record keeping and inspections. The
Act authorizes the United States Government to implement provisions of the
Convention. These regulations will enable the United States Government to
execute the relevant provisions of the Convention and the Act.
18.
Office of
Defense Trade Controls: Notifications
to the Congress of Proposed Export Licenses
(64 FR 41174 on July 29, 1999)
Commentary: The
Department of State has published Notifications of Proposed Export Licenses that
exceed the $50,000,000 Congressional Notification threshold to the United
Kingdom, the Netherlands, and Japan. The Department of State has also published
Notification of a Technical Assistance Agreement made with the United Kingdom;
this agreement also exceeds the $50,000,000 threshold.
Commentary: The Department of State’s Office of Defense Trade Controls has published Notifications of eight proposed export licenses that exceed the Congressional notification thresholds involving exports to Japan, Turkey, French Guiana, France, the United Kingdom, Singapore and Greece.
20. Office of Defense Trade Controls: Notifications to the Congress of Proposed Commercial Export Licenses (64 FR 45989 on August 23, 1999)Commentary: The Department of State has published Notifications of ten proposed Commercial Export Licenses that exceed the $50,000,000 Congressional Notification threshold to Greece, the United Kingdom, Germany, Denmark, French Guiana, Russia, Japan, France, and Russia. The Department of State has also published Notification of a Technical Assistance Agreement with Japan and nine Manufacturing License Agreements with Japan, Turkey, Australia, Canada, Denmark, Germany, Greece, the Netherlands, Norway, Spain, the United Kingdom, and the Republic of Korea. These agreements also exceed the $50,000,000 threshold.
21. Bureau of Political Military Affairs; Suspension of Munitions Export Licenses to Indonesia (64 FR 55805 on October 14, 1999)
Commentary: Due to the crisis in East Timor, notice is hereby given that all licenses and approvals to export or otherwise transfer defense articles and defense services to Indonesia pursuant to Section 38 of the Arms Export Control Act are suspended, except for certain exports related to commercial communication satellites and Y2K compliance activities. The effective date of this notice is September 10, 1999.
22. Modification of Description of "Territory of Afghanistan Controlled by the Taliban" in Executive Order 13129 (64 FR 58879 on November 1, 1999)
Commentary: The Secretary of Treasury, after consultation with the Secretary of State, is modifying the description of the term "territory of Afghanistan controlled by the Taliban" in Executive Order 13129 of July 4, 1999, to include the City of Kabul.
23. Office of Defense Trade Controls: Notifications to the Congress of Proposed Commercial Export License (64 FR 68140 on December 6, 1999)
Commentary:
The Department of State has published a Notification of Proposed Export Licenses
to Congress that exceeds the $50,000,000 Congressional Notification thresholds.
The licenses are for exports to French Guiana, Japan, Turkey, Brazil, United
Kingdom, Federation of Bosnia and Herzegovina, Greece, Italy, Belgium, Denmark,
The Netherlands, Norway, Luxembourg, South Korea, United Arab Emirates, Canada,
Finland, Israel, Republic of Croatia, Thailand, Australia, Bermuda, Germany,
Sweden, Mexico, Ukraine and Russia.
24. Imposition of Lethal Military Equipment Sanctions Against the Government of Kazakhstan and Partial Waiver of these Sanctions (64 FR 70103 on December 15, 1999)
Commentary:
The Department of State Bureau of Nonproliferation has determined that the
Government of Kazakhstan transferred lethal military equipment to a country
determined by the Secretary of State to be a state sponsor of terrorism.
The United States Government determined that despite the transfers,
furnishing assistance to the Government of Kazakhstan, with the exceptions that
follow, is important to the national interests of the United States. Assistance
to the following entity, its sub-units, subsidiaries and successors, is
prohibited: Uralsk Plant Metallist (including at 1 Urdinskaya Street, City of
Uralsk, Republic of Kazakhstan 417024).
25.
Chemical
Weapons Convention and the Chemical Weapons Convention Implementation Act of
1998; Taking of Samples; Recordkeeping and Inspections(64 FR 73811 on December 30, 1999)
Commentary:
The Department of State is issuing this final rule to implement the provisions
of the Convention on the Prohibition of the Development, Production, Stockpiling
and Use of Chemical Weapons and on Their Destruction, also known as the Chemical
Weapons Convention (CWC or Convention), and the Chemical Weapons Convention
Implementation Act of 1998 (Act) on the taking of samples and on the enforcement
of the requirements concerning record keeping and inspections. The Act
authorizes the United States Government to implement provisions of the
Convention. These regulations will enable the United States Government to
execute the relevant provisions of the Convention and the Act. This rule
implements Secs. 304(f)(1) and 501 of the Chemical Weapons Convention
Implementation Act of 1998, 22 U.S.C. 6701 et seq. These regulations provide the
guidelines under which the taking of a sample may be required during an on-site
inspection conducted pursuant to the Convention. These regulations will also
establish the civil enforcement regime for a violation of Secs. 306 or 405 of
the Act.