International Traffic in Arms Regulations: Expansion of Defense Articles and Defense Services Eligible for Transfer Under the Canadian and Treaty Exemptions, 21910-21912 [2023-07408]
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21910
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Federal Register / Vol. 88, No. 70 / Wednesday, April 12, 2023 / Rules and Regulations
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Scott Brinks,
Federal Register Liaison Officer, Drug
Enforcement Administration.
[FR Doc. 2023–07538 Filed 4–11–23; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF STATE
22 CFR Part 126
[Public Notice: 11862]
RIN 1400–AF55
International Traffic in Arms
Regulations: Expansion of Defense
Articles and Defense Services Eligible
for Transfer Under the Canadian and
Treaty Exemptions
Department of State.
Final rule and conforming
revisions.
AGENCY:
ACTION:
The Department of State is
amending the International Traffic in
Arms Regulations (ITAR) to expand the
types of defense articles that may be
exported and defense services that may
be furnished pursuant to the Treaty
between the Government of the United
States of America and the Government
of Australia Concerning Defense Trade
Cooperation, the Treaty between the
Government of the United States of
America and the Government of the
United Kingdom of Great Britain and
Northern Ireland Concerning Defense
Trade Cooperation, and the Canadian
exemptions of the ITAR. The
Department of State is also making
clarifying amendments and conforming
updates.
DATES: The rule is effective on May 12,
2023.
FOR FURTHER INFORMATION CONTACT: Mr.
Dilan Wickrema, Office of Defense
Trade Controls Policy, Department of
State, telephone (202) 634–4981; email
DDTCCustomerService@state.gov
ATTN: Regulatory Change, ITAR
Supplement No.1 to part 126
Amendments.
SUPPLEMENTARY INFORMATION: The rules
(Public Notice 7828, 77 FR 16591 &
Public Notice 8270, 78 FR 21523),
published on March 21, 2012 and April
11, 2013, respectively, amended the
ITAR to implement the Treaty between
the Government of the United States of
America and the Government of
Australia Concerning Defense Trade
Cooperation (referred to herein as ‘‘the
Australia DTC Treaty’’) (Treaty Doc.
110–10) and the Treaty between the
Government of the United States of
America and the Government of the
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SUMMARY:
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16:46 Apr 11, 2023
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United Kingdom of Great Britain and
Northern Ireland Concerning Defense
Trade Cooperation (referred to herein as
‘‘the UK DTC Treaty’’) (Treaty Doc. 110–
7) (together referred to herein as ‘‘the
Treaty exemptions’’), and identified via
Supplement No. 1 to part 126 the
defense articles that may not be
exported, and defense services that may
not be furnished, through the use of the
Treaty exemptions (ITAR §§ 126.16 and
126.17) and the Canadian exemptions
(ITAR § 126.5).
The Department of State is now
amending Supplement No. 1 to part 126
to expand the types of defense articles
that may be exported, and defense
services that may be furnished, pursuant
to the Treaty exemptions and Canadian
exemptions. The Department of State is
implementing this amendment after a
series of routine consultations with its
interagency and international
counterparts. This amendment is
intended to ensure the Treaty
exemptions and the Canadian
exemptions continue to enhance
operational capabilities,
interoperability, and cooperation
between the armed forces of the United
States and its allies and partners. While
future rulemaking will address other
areas of the chart, this final rule
implements four specific changes to
Supplement No. 1 to part 126.
First, this final rule amends the 25th
entry, identified as USML Category IV
which previously excluded ‘‘[d]efense
articles and services specific to
torpedoes,’’ to exclude only ‘‘defense
articles and services specific to the
warhead or the sonar, guidance, and
control section of torpedoes.’’ Second,
this final rule amends the 105th entry,
identified as USML Category XX(c),
which previously excluded ‘‘[d]efense
articles and services specific to
submarine combat control systems,’’ to
remove mounting racks and cabinets
from that entry.
Third, this final rule amends the 60th
entry, the 66th entry, and explanatory
Note 9 to remove specific Underwater
Acoustic Decoy Countermeasures (ADC)
from Supplement No. 1 and clarify the
note. Fourth, this final rule amends the
28th and 29th entries regarding USML
Category IV(i) manufacturing know-how
and the 67th–70th entries regarding
USML Category XII night vision. The
USML Category IV(i) technical data
entries are amended to reflect the fact
that USML Category IV(h) was
previously updated (79 FR 34) to
describe the specific subassemblies of
other USML Category IV defense articles
that remain ITAR-controlled. Similarly,
the night vision entries are updated to
reflect the fact that first generation
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image intensification tubes are not
subject to the ITAR, some items
previously controlled in paragraph (c) of
Category XII moved to paragraph (e) in
a prior rulemaking (81 FR 70340), and
to clarify that the technical data and
defense services entry only applies to
paragraph (f) of Category XII.
Regulatory Analysis and Notices
Administrative Procedure Act
The Department of State is of the
opinion that controlling the import and
export of defense articles and services is
a foreign affairs function of the United
States Government and that rules
implementing this function are exempt
from sections 553 (rulemaking) and 554
(adjudications) of the Administrative
Procedure Act (APA), pursuant to 5
U.S.C. 553(a)(1).
Regulatory Flexibility Act
This rule is exempt from the noticeand-comment rulemaking provisions of
5 U.S.C. 553 as a foreign affairs
function. Therefore, it does not require
analysis under the Regulatory
Flexibility Act.
Unfunded Mandates Reform Act of 1995
This rulemaking does not involve a
mandate that will result in the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any year and it will not significantly
or uniquely affect small governments.
Therefore, no actions are deemed
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
Executive Orders 12372 and 13132
This rulemaking will not have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
is determined that this amendment does
not have sufficient federalism
implications to require consultations or
warrant the preparation of a federalism
summary impact statement. The
regulations implementing Executive
Order 12372 regarding
intergovernmental consultation on
Federal programs and activities do not
apply to this rulemaking.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
E:\FR\FM\12APR1.SGM
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Federal Register / Vol. 88, No. 70 / Wednesday, April 12, 2023 / Rules and Regulations
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributed impacts, and equity).
This rule’s scope does not impose
additional regulatory requirements or
obligations; therefore, the Department
believes costs associated with this rule
will be minimal. Although the
Department cannot determine based on
available data how many fewer licenses
will be submitted as a result of this rule,
the amendments to Supplement No. 1
will relieve licensing burdens for some
exporters. Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. Because
this rule pertains to specific bilateral
and multilateral relationships, this rule
is not a ‘‘significant regulatory action’’
as the rule ‘‘pertain[s]’’ to a ‘‘military or
foreign affairs function of the United
States’’ under section 3(d)(2) of
Executive Order 12866.
USML
category
*
IV .................
IV .................
IV .................
IV .................
IV .................
IV(i) ..............
IV(i) ..............
*
XI(a), (c), (d)
XI(a) ............
ddrumheller on DSK120RN23PROD with RULES1
XI(a), (c),
and (d).
XI(a), (c),
and (d).
XI(d) ............
XI(d) ............
*
XII ................
VerDate Sep<11>2014
Executive Order 12988
The Department of State reviewed this
rulemaking in light of Executive Order
12988 to eliminate ambiguity, minimize
litigation, establish clear legal
standards, and reduce burden.
Executive Order 13175
The Department of State determined
that this rulemaking will not have tribal
implications, will not impose
substantial direct compliance costs on
Indian tribal governments, and will not
preempt tribal law. Accordingly,
Executive Order 13175 does not apply
to this rulemaking.
Paperwork Reduction Act
This final rule does not impose or
revise any new information collections
subject to 44 U.S.C. chapter 35.
List of Subjects in Part 126
Arms and munitions, Exports.
For the reasons set forth above, the
Department of State amends 22 CFR part
126 as follows:
Exclusion
PART 126—GENERAL POLICIES AND
PROVISIONS
1. The authority citation for part 126
continues to read as follows:
■
Authority: 22 U.S.C. 287c, 2651a, 2752,
2753, 2776, 2778, 2779, 2779a, 2780, 2791,
2797; Sec. 1225, Pub. L. 108–375, 118 Stat.
2091; Sec. 7045, Pub. L. 112–74, 125 Stat.
1232; Sec. 1250A, Pub. L 116–92, 133 Stat.
1665; Sec. 205, Pub. L. 116–94, 133 Stat.
3052; E.O. 13637, 78 FR 16129, 3 CFR, 2013
Comp., p. 223.
2. Amend Supplement No. 1 to part
126 by revising:
■ a. The seven entries for USML
Category IV;
■ b. The six entries for USML Category
XI;
■ c. The five entries for USML Category
XII;
■ d. The entry for USML Category
XX(c); and
■ e. Note 9.
The revisions read as follows:
■
Supplement No. 1 to Part 126
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(CA) § 126.5
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Defense articles and services specific to man-portable air defense systems
X
(MANPADS). See Note 6.
Defense articles and services specific to rockets, designed or modified for ........................
non-military applications that do not have a range of 300 km (i.e., not controlled on the MTCR Annex).
Defense articles and services specific to the warhead or the sonar, guidance, ........................
and control section of torpedoes.
Defense articles and services specific to anti-personnel landmines. See Note
X
15.
Defense articles and services specific to cluster munitions ..............................
X
Software source code directly related to defense articles described in USML ........................
Category IV(a), (b), (c), or (g). See Note 4.
Manufacturing know-how directly related to defense articles described in
X
USML Category IV(a), (b), (d), (g), or (h). See Note 5.
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*
Defense articles and services specific to countermeasures and countercountermeasures, other than Underwater Acoustic Decoy Countermeasures (ADC) Mk2 Mods 1 through 7. See Note 9.
High Frequency and Phased Array Microwave Radar systems, with capabilities such as search, acquisition, tracking, moving target indication, and imaging radar systems. See Note 16.
Defense articles and services specific to naval technology and systems relating to acoustic spectrum control and awareness. See Note 10.
Defense articles and services specific to USML Category XI(b) (e.g., communications security (COMSEC) and TEMPEST).
Software source code related to USML Category XI(a). See Note 4 ................
Manufacturing know-how related to USML Category XI(a)(3) or XI(a)(4), and
specially designed components therefor. See Note 5.
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(AS) § 126.16
*
(UK) § 126.17
*
X
X
........................
X
X
X
X
X
X
X
X
X
X
X
*
*
........................
X
........................
X
........................
X
X
........................
X
X
........................
X
X
X
X
X
*
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Defense articles and services specific to countermeasures and counter- ........................
countermeasures, other than Underwater Acoustic Decoy Countermeasures (ADC) Mk 2 Mods 1 through 7. See Note 9.
17:24 Apr 11, 2023
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X
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X
X
21912
Federal Register / Vol. 88, No. 70 / Wednesday, April 12, 2023 / Rules and Regulations
USML
category
Exclusion
XII ................
Defense articles and services specific to USML Category XII(c) articles, except:.
—2nd-generation image intensification tubes, ...................................................
—2nd-generation image intensification night sighting equipment, and .............
—end-items in paragraph (c) and components in paragraphs (e)(4) through
(7) of USML Category XII, and the following technical data directly related
thereto:.
—technical data limited to basic operations, maintenance, and training information as authorized under the exemption in § 125.4(b)(5) of this subchapter for export directly to a Canadian Government entity (i.e., federal,
provincial, territorial, or municipal) consistent with § 126.5, other exclusions,
and the provisions of this subchapter.
Technical data and defense services directly related to night vision commodities beyond basic operations, maintenance, and training information, unless pursuant to a written solicitation or contract issued or awarded by the
U.S. Department of Defense for an end-use identified in paragraph (e)(1),
(2), or (4) of § 126.16 or § 126.17 of this subchapter.
Manufacturing know-how directly related to any of the following:
—defense articles described in USML Category XII(d), and .............................
—specially designed parts and components therefor. .......................................
See Note 5 .........................................................................................................
Software source code directly related to defense articles described in USML
Category XII(a), (b), (c), or (d). See Note 4.
XII(f) ............
XII(f) ............
XII(f) ............
XX(c) ...........
*
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Defense articles and services specific to submarine combat control systems
other than mounting racks and cabinets.
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Note 9: Examples of countermeasures
and counter-countermeasures related to
defense articles not exportable under
the AS or UK.
Treaty exemptions are:
(a) IR countermeasures;
(b) Classified techniques and
capabilities;
(c) Exports for precision radio
frequency (RF) location that directly or
indirectly supports fire control and is
used for situation awareness, target
identification, target acquisition, and
weapons targeting and radio direction
finding capabilities. Precision RF
location is defined as root mean square
(RMS) angle of arrival accuracy of less
than five degrees (5° RMS) and RF
emitter location of less than ten percent
(10%) range error;
(d) Providing the capability to
reprogram; and
(e) Acoustics (including underwater),
active and passive countermeasures,
and counter-countermeasures other than
the Underwater Acoustic Decoy
Countermeasures (ADC) Mk 2 Mods 1
through 7.
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Bonnie Jenkins,
Under Secretary, Arms Control and
International Security, Department of State.
[FR Doc. 2023–07408 Filed 4–11–23; 8:45 am]
BILLING CODE 4710–25–P
VerDate Sep<11>2014
(CA) § 126.5
17:24 Apr 11, 2023
Jkt 259001
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Office of Foreign Assets Control
31 CFR Part 570
Publication of Libyan Sanctions
Regulations Web General Licenses 5,
6, and 8A.
Office of Foreign Assets
Control, Treasury.
ACTION: Publication of Web General
Licenses.
AGENCY:
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing three
general licenses (GLs) issued pursuant
to the Libyan Sanctions program: GLs 5,
6, and 8A, each of which was previously
made available on OFAC’s website.
DATES: GL 5 was issued on April 26,
2011. See SUPPLEMENTARY INFORMATION
for additional relevant dates.
FOR FURTHER INFORMATION CONTACT:
OFAC: Assistant Director for Licensing,
202–622–2480; Assistant Director for
Regulatory Affairs, 202–622–4855; or
Assistant Director for Sanctions
Compliance & Evaluation, 202–622–
2490.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Electronic Availability
This document and additional
information concerning OFAC are
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(UK) § 126.17
X
X
X
X
X
X
X
........................
X
X
........................
X
X
*
DEPARTMENT OF THE TREASURY
(AS) § 126.16
*
*
available on OFAC’s website:
www.treas.gov/ofac.
Background
On April 26, 2011, OFAC issued GL
5 to authorize certain transactions
otherwise prohibited by Executive
Order (E.O.) 13566 of February 25, 2011,
‘‘Blocking Property and Prohibiting
Certain Transactions Related to Libya’’
(76 FR 11315, March 2, 2011). On July
1, 2011, OFAC incorporated the
prohibitions of E.O. 13566 into the
Libyan Sanctions Regulations, 31 CFR
part 570 (LSR). On August 19, 2011,
OFAC issued GL 6 to authorize certain
transactions otherwise prohibited by the
LSR or E.O. 13566. On September 23,
2011, OFAC issued GL 8A to authorize
certain transactions otherwise
prohibited by the LSR. Each GL was
made available on its website
(www.treas.gov/ofac) when it was
issued.
On December 16, 2011, OFAC issued
GL 11 to unblock all property and
interests in property of the Government
of Libya, with which transactions were
authorized pursuant to GL 8A. On
August 8, 2012, the interim Transitional
National Council of Libya, the
internationally recognized Libyan
government with which transactions
were authorized pursuant to GLs 5 and
6, dissolved and transferred power to
the Libyan General National Congress.
OFAC is revoking GLs 5, 6, and 8A and
E:\FR\FM\12APR1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Rules and Regulations]
[Pages 21910-21912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07408]
=======================================================================
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DEPARTMENT OF STATE
22 CFR Part 126
[Public Notice: 11862]
RIN 1400-AF55
International Traffic in Arms Regulations: Expansion of Defense
Articles and Defense Services Eligible for Transfer Under the Canadian
and Treaty Exemptions
AGENCY: Department of State.
ACTION: Final rule and conforming revisions.
-----------------------------------------------------------------------
SUMMARY: The Department of State is amending the International Traffic
in Arms Regulations (ITAR) to expand the types of defense articles that
may be exported and defense services that may be furnished pursuant to
the Treaty between the Government of the United States of America and
the Government of Australia Concerning Defense Trade Cooperation, the
Treaty between the Government of the United States of America and the
Government of the United Kingdom of Great Britain and Northern Ireland
Concerning Defense Trade Cooperation, and the Canadian exemptions of
the ITAR. The Department of State is also making clarifying amendments
and conforming updates.
DATES: The rule is effective on May 12, 2023.
FOR FURTHER INFORMATION CONTACT: Mr. Dilan Wickrema, Office of Defense
Trade Controls Policy, Department of State, telephone (202) 634-4981;
email [email protected] ATTN: Regulatory Change, ITAR
Supplement No.1 to part 126 Amendments.
SUPPLEMENTARY INFORMATION: The rules (Public Notice 7828, 77 FR 16591 &
Public Notice 8270, 78 FR 21523), published on March 21, 2012 and April
11, 2013, respectively, amended the ITAR to implement the Treaty
between the Government of the United States of America and the
Government of Australia Concerning Defense Trade Cooperation (referred
to herein as ``the Australia DTC Treaty'') (Treaty Doc. 110-10) and the
Treaty between the Government of the United States of America and the
Government of the United Kingdom of Great Britain and Northern Ireland
Concerning Defense Trade Cooperation (referred to herein as ``the UK
DTC Treaty'') (Treaty Doc. 110-7) (together referred to herein as ``the
Treaty exemptions''), and identified via Supplement No. 1 to part 126
the defense articles that may not be exported, and defense services
that may not be furnished, through the use of the Treaty exemptions
(ITAR Sec. Sec. 126.16 and 126.17) and the Canadian exemptions (ITAR
Sec. 126.5).
The Department of State is now amending Supplement No. 1 to part
126 to expand the types of defense articles that may be exported, and
defense services that may be furnished, pursuant to the Treaty
exemptions and Canadian exemptions. The Department of State is
implementing this amendment after a series of routine consultations
with its interagency and international counterparts. This amendment is
intended to ensure the Treaty exemptions and the Canadian exemptions
continue to enhance operational capabilities, interoperability, and
cooperation between the armed forces of the United States and its
allies and partners. While future rulemaking will address other areas
of the chart, this final rule implements four specific changes to
Supplement No. 1 to part 126.
First, this final rule amends the 25th entry, identified as USML
Category IV which previously excluded ``[d]efense articles and services
specific to torpedoes,'' to exclude only ``defense articles and
services specific to the warhead or the sonar, guidance, and control
section of torpedoes.'' Second, this final rule amends the 105th entry,
identified as USML Category XX(c), which previously excluded
``[d]efense articles and services specific to submarine combat control
systems,'' to remove mounting racks and cabinets from that entry.
Third, this final rule amends the 60th entry, the 66th entry, and
explanatory Note 9 to remove specific Underwater Acoustic Decoy
Countermeasures (ADC) from Supplement No. 1 and clarify the note.
Fourth, this final rule amends the 28th and 29th entries regarding USML
Category IV(i) manufacturing know-how and the 67th-70th entries
regarding USML Category XII night vision. The USML Category IV(i)
technical data entries are amended to reflect the fact that USML
Category IV(h) was previously updated (79 FR 34) to describe the
specific subassemblies of other USML Category IV defense articles that
remain ITAR-controlled. Similarly, the night vision entries are updated
to reflect the fact that first generation image intensification tubes
are not subject to the ITAR, some items previously controlled in
paragraph (c) of Category XII moved to paragraph (e) in a prior
rulemaking (81 FR 70340), and to clarify that the technical data and
defense services entry only applies to paragraph (f) of Category XII.
Regulatory Analysis and Notices
Administrative Procedure Act
The Department of State is of the opinion that controlling the
import and export of defense articles and services is a foreign affairs
function of the United States Government and that rules implementing
this function are exempt from sections 553 (rulemaking) and 554
(adjudications) of the Administrative Procedure Act (APA), pursuant to
5 U.S.C. 553(a)(1).
Regulatory Flexibility Act
This rule is exempt from the notice-and-comment rulemaking
provisions of 5 U.S.C. 553 as a foreign affairs function. Therefore, it
does not require analysis under the Regulatory Flexibility Act.
Unfunded Mandates Reform Act of 1995
This rulemaking does not involve a mandate that will result in the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector, of $100 million or more in any year and it
will not significantly or uniquely affect small governments. Therefore,
no actions are deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
Executive Orders 12372 and 13132
This rulemaking will not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 13132, is determined that this amendment does not have sufficient
federalism implications to require consultations or warrant the
preparation of a federalism summary impact statement. The regulations
implementing Executive Order 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
rulemaking.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory
[[Page 21911]]
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, distributed impacts,
and equity). This rule's scope does not impose additional regulatory
requirements or obligations; therefore, the Department believes costs
associated with this rule will be minimal. Although the Department
cannot determine based on available data how many fewer licenses will
be submitted as a result of this rule, the amendments to Supplement No.
1 will relieve licensing burdens for some exporters. Executive Order
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
Because this rule pertains to specific bilateral and multilateral
relationships, this rule is not a ``significant regulatory action'' as
the rule ``pertain[s]'' to a ``military or foreign affairs function of
the United States'' under section 3(d)(2) of Executive Order 12866.
Executive Order 12988
The Department of State reviewed this rulemaking in light of
Executive Order 12988 to eliminate ambiguity, minimize litigation,
establish clear legal standards, and reduce burden.
Executive Order 13175
The Department of State determined that this rulemaking will not
have tribal implications, will not impose substantial direct compliance
costs on Indian tribal governments, and will not preempt tribal law.
Accordingly, Executive Order 13175 does not apply to this rulemaking.
Paperwork Reduction Act
This final rule does not impose or revise any new information
collections subject to 44 U.S.C. chapter 35.
List of Subjects in Part 126
Arms and munitions, Exports.
For the reasons set forth above, the Department of State amends 22
CFR part 126 as follows:
PART 126--GENERAL POLICIES AND PROVISIONS
0
1. The authority citation for part 126 continues to read as follows:
Authority: 22 U.S.C. 287c, 2651a, 2752, 2753, 2776, 2778, 2779,
2779a, 2780, 2791, 2797; Sec. 1225, Pub. L. 108-375, 118 Stat. 2091;
Sec. 7045, Pub. L. 112-74, 125 Stat. 1232; Sec. 1250A, Pub. L 116-
92, 133 Stat. 1665; Sec. 205, Pub. L. 116-94, 133 Stat. 3052; E.O.
13637, 78 FR 16129, 3 CFR, 2013 Comp., p. 223.
0
2. Amend Supplement No. 1 to part 126 by revising:
0
a. The seven entries for USML Category IV;
0
b. The six entries for USML Category XI;
0
c. The five entries for USML Category XII;
0
d. The entry for USML Category XX(c); and
0
e. Note 9.
The revisions read as follows:
Supplement No. 1 to Part 126
* * * * *
----------------------------------------------------------------------------------------------------------------
(CA) Sec. (AS) Sec. (UK) Sec.
USML category Exclusion 126.5 126.16 126.17
----------------------------------------------------------------------------------------------------------------
* * * * * * *
IV............................ Defense articles and services X X X
specific to man-portable air
defense systems (MANPADS). See
Note 6.
IV............................ Defense articles and services .............. .............. X
specific to rockets, designed
or modified for non-military
applications that do not have a
range of 300 km (i.e., not
controlled on the MTCR Annex).
IV............................ Defense articles and services .............. X X
specific to the warhead or the
sonar, guidance, and control
section of torpedoes.
IV............................ Defense articles and services X X X
specific to anti-personnel
landmines. See Note 15.
IV............................ Defense articles and services X X X
specific to cluster munitions.
IV(i)......................... Software source code directly .............. X X
related to defense articles
described in USML Category
IV(a), (b), (c), or (g). See
Note 4.
IV(i)......................... Manufacturing know-how directly X X X
related to defense articles
described in USML Category
IV(a), (b), (d), (g), or (h).
See Note 5.
* * * * * * *
XI(a), (c), (d)............... Defense articles and services .............. X X
specific to countermeasures and
counter- countermeasures, other
than Underwater Acoustic Decoy
Countermeasures (ADC) Mk2 Mods
1 through 7. See Note 9.
XI(a)......................... High Frequency and Phased Array .............. X
Microwave Radar systems, with
capabilities such as search,
acquisition, tracking, moving
target indication, and imaging
radar systems. See Note 16.
XI(a), (c), and (d)........... Defense articles and services .............. X X
specific to naval technology
and systems relating to
acoustic spectrum control and
awareness. See Note 10.
XI(a), (c), and (d)........... Defense articles and services .............. X X
specific to USML Category XI(b)
(e.g., communications security
(COMSEC) and TEMPEST).
XI(d)......................... Software source code related to .............. X X
USML Category XI(a). See Note 4.
XI(d)......................... Manufacturing know-how related X X X
to USML Category XI(a)(3) or
XI(a)(4), and specially
designed components therefor.
See Note 5.
* * * * * * *
XII........................... Defense articles and services .............. X X
specific to countermeasures and
counter- countermeasures, other
than Underwater Acoustic Decoy
Countermeasures (ADC) Mk 2 Mods
1 through 7. See Note 9.
[[Page 21912]]
XII........................... Defense articles and services X
specific to USML Category
XII(c) articles, except:.
--2nd-generation image
intensification tubes,.
--2nd-generation image
intensification night sighting
equipment, and.
--end-items in paragraph (c) and
components in paragraphs (e)(4)
through (7) of USML Category
XII, and the following
technical data directly related
thereto:.
--technical data limited to
basic operations, maintenance,
and training information as
authorized under the exemption
in Sec. 125.4(b)(5) of this
subchapter for export directly
to a Canadian Government entity
(i.e., federal, provincial,
territorial, or municipal)
consistent with Sec. 126.5,
other exclusions, and the
provisions of this subchapter.
XII(f)........................ Technical data and defense X X X
services directly related to
night vision commodities beyond
basic operations, maintenance,
and training information,
unless pursuant to a written
solicitation or contract issued
or awarded by the U.S.
Department of Defense for an
end-use identified in paragraph
(e)(1), (2), or (4) of Sec.
126.16 or Sec. 126.17 of this
subchapter.
XII(f)........................ Manufacturing know-how directly X X X
related to any of the
following:
--defense articles described in
USML Category XII(d), and.
--specially designed parts and
components therefor..
See Note 5......................
XII(f)........................ Software source code directly .............. X X
related to defense articles
described in USML Category
XII(a), (b), (c), or (d). See
Note 4.
* * * * *
XX(c)......................... Defense articles and services .............. X X
specific to submarine combat
control systems other than
mounting racks and cabinets.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Note 9: Examples of countermeasures and counter-countermeasures
related to defense articles not exportable under the AS or UK.
Treaty exemptions are:
(a) IR countermeasures;
(b) Classified techniques and capabilities;
(c) Exports for precision radio frequency (RF) location that
directly or indirectly supports fire control and is used for situation
awareness, target identification, target acquisition, and weapons
targeting and radio direction finding capabilities. Precision RF
location is defined as root mean square (RMS) angle of arrival accuracy
of less than five degrees (5[deg] RMS) and RF emitter location of less
than ten percent (10%) range error;
(d) Providing the capability to reprogram; and
(e) Acoustics (including underwater), active and passive
countermeasures, and counter-countermeasures other than the Underwater
Acoustic Decoy Countermeasures (ADC) Mk 2 Mods 1 through 7.
* * * * *
Bonnie Jenkins,
Under Secretary, Arms Control and International Security, Department of
State.
[FR Doc. 2023-07408 Filed 4-11-23; 8:45 am]
BILLING CODE 4710-25-P
