International Traffic in Arms Regulations: Reissuance and Update of Open General Licenses 1 and 2, 35992-35994 [2023-11678]
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35992
Federal Register / Vol. 88, No. 105 / Thursday, June 1, 2023 / Notices
this collection are medical sources that:
(1) meet one of the exclusionary
categories set forth in section
223(d)(5)(C)(i) of the Act, as amended;
(2) furnish evidence related to a claim
for benefits under Titles II or XVI of the
Act; and (3) had failed to self-identify as
Modality of completion
Number of
respondents
Frequency of
response
Number of
responses
Average
burden per
response
(minutes)
Estimated
total annual
burden
(hours)
Average
theoretical
hourly cost
amount
(dollars) *
Total annual
opportunity
cost
(dollars) **
404.1503b(c), 416.903b(c) ............................
200
3
600
20
200
$43.80 *
$8,760 **
* We based this figure
(Healthcare Practitioners
** This figure does not
retical opportunity costs
application.
on the average Healthcare Practitioners and Technical Occupations worker’s hourly wages, as reported by Bureau of Labor Statistics data
and Technical Occupations (bls.gov)).
represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theofor the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the
Dated: May 25, 2023.
Naomi Sipple,
Reports Clearance Officer, Social Security
Administration.
[FR Doc. 2023–11579 Filed 5–31–23; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF STATE
[Public Notice: 12033]
International Traffic in Arms
Regulations: Reissuance and Update
of Open General Licenses 1 and 2
Publication of updated general
licenses.
ACTION:
The Department of State,
Directorate of Defense Trade Controls is
publishing two updated open general
licenses, permitting certain reexports
and retransfers as provided therein, in
the Federal Register: Open General
License No. 1 and Open General License
No. 2, each of which was previously
issued on DDTC’s website.
FOR FURTHER INFORMATION CONTACT:
Dilan Wickrema, Office of Defense
Trade Controls Policy, U.S. Department
of State, telephone (202) 663–1282, or
email DDTCCustomerService@state.gov.
ATTN: Open General Licenses 1 and 2.
SUPPLEMENTARY INFORMATION: On July
13, 2022, pursuant to the authority of
section 38(a) of the Arms Export Control
Act (22 U.S.C. 2778(a)), as delegated to
the Secretary of State by E.O. 13637, 78
FR 16129, and as further delegated by
the Secretary of State, the Deputy
Assistant Secretary of State for Defense
Trade Controls issued two open general
licenses as part of a pilot program
pursuant to the International Traffic in
Arms Regulations (ITAR), 22 CFR parts
120–130, § 120.22(b). These open
general licenses were originally
published with a validity date of one
year, effective August 1, 2022, through
July 31, 2023.
The Department of State, Directorate
of Defense Trade Controls (DDTC) is
SUMMARY:
ddrumheller on DSK120RN23PROD with NOTICES1
an excluded source of medical evidence
as required in Section 223(d(5)(C)(i).
Type of Request: Revision of an OMBapproved information collection.
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now updating both open general
licenses to extend the validity period
and to update citations for ITAR
sections moved by rulemaking
subsequent to the issuance of the open
general licenses on July 13, 2022.
Extending the validity period of the
open general licenses by three years is
necessary in order to allow DDTC to
collect sufficient data to consider the
usefulness of the Open General License
pilot program and to provide industry
with sufficient comfort to be able to rely
on the open general licenses without
fear that they will expire more quickly
than a traditional license.
DDTC is also making certain nonsubstantive edits to both open general
licenses to clarify that multiple defense
articles need not be reexported or
retransferred simultaneously and the
open general licenses can be used to
reexport or retransfer a single defense
article.
Both updated Open General License
No. 1 and Open General License No. 2
have been published on DDTC’s website
and are now being published in the
Federal Register. The text of Open
General License No. 1 and Open General
License No. 2 are provided below.
Open General License No. 1
Qualifying Retransfers Within Australia,
Canada, and the United Kingdom
(a) The Directorate of Defense Trade
Controls (DDTC), pursuant to the
International Traffic in Arms
Regulations (ITAR) 120.22(b), hereby
provides the following Open General
License No. 1. Open General License
No. 1 licenses the retransfer (as defined
in ITAR120.52) of unclassified defense
articles to:
(1) the Government of Australia, the
Government of Canada, or the
Government of the United Kingdom;
(2) members of the Australian
Community as defined in ITAR
126.16(d), at all locations in Australia;
(3) members of the United Kingdom
Community as defined in ITAR
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Sfmt 4703
126.17(d), at all locations in the United
Kingdom; or
(4) Canadian-registered persons as
defined in ITAR 126.5(b).
(b) The retransfer of any unclassified
defense article to any of the parties
listed in section (a) is subject to all the
following requirements, limitations, and
provisos:
(1) Requirements. The transferor shall:
(i) comply with the requirements of
ITAR 123.9(b);
(ii) maintain the following records of
each retransfer: a description of the
defense article, including technical data;
the name and address of the recipient
and the end-user, and other available
contact information (e.g., telephone
number and electronic mail address);
the name of the natural person
responsible for the transaction; the
stated end use of the defense article; the
date of the transaction; and the method
of transfer;
(iii) ensure that such records are made
available to DDTC upon request; and
(iv) utilize Open General License No.
1 as the license or other approval
number or exemption citation.
(2) Limitations and provisos:
(i) the defense article to be
retransferred was originally exported
pursuant to a license or other approval
issued by DDTC pursuant to section 38
of the Arms Export Control Act (AECA),
the Defense Trade Cooperation Treaty
between the United States and Australia
(ITAR 126.16), or the Defense Trade
Cooperation Treaty between the United
States and the United Kingdom, (ITAR
126.17);
(ii) a defense article originally
exported pursuant to ITAR 126.6(c) may
not be retransferred under this license;
(iii) a defense article described in
ITAR 126.16(a)(5) or 126.17(a)(5) may
not be retransferred under this license;
(iv) a defense article may not be
retransferred under this license if it is
listed on the Missile Technology
Control Regime (MTCR) Annex or
identified as Missile Technology (MT)
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01JNN1
ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 105 / Thursday, June 1, 2023 / Notices
on the United States Munitions List
(USML) in ITAR part 121;
(v) a defense article may not be
retransferred under this license if it will
be used to support the design,
development, engineering, manufacture,
production, assembly, testing, repair,
maintenance, modification, operation,
demilitarization, destruction, or
processing of a missile, UAV, spacelaunch vehicle, item listed on the MTCR
Annex, or item listed as MT on the
USML in ITAR part 121;
(vii) technical data may only be
retransferred under this license for the
purpose of organizational-level,
intermediate-level, or depot-level
maintenance, repair, or storage of a
defense article;
(viii) any major defense equipment (as
defined in ITAR 120.37) valued (in
terms of its original acquisition cost) at
$25,000,000 or more and any defense
article or related training or other
defense service valued (in terms of its
original acquisition cost) at
$100,000,000 or more, may only be
retransferred under this license for the
purpose of:
i. maintenance, repair, or overhaul
defense services, including the repair of
defense articles used in furnishing such
services, if the retransfer will not result
in any increase in the military capability
of the defense articles and services to be
maintained, repaired, or overhauled; or
ii. a temporary retransfer of defense
articles for the sole purpose of receiving
maintenance, repair, or overhaul;
(viii) the retransfer must take place
wholly within the physical territory of
Australia, Canada, or the United
Kingdom;
(ix) any retransfer of a defense article
other than technical data is for end use
by, or operation on behalf of, the
Government of Australia, the
Government of Canada, or the
Government of the United Kingdom;
and
(x) Open General License No. 1 may
not be utilized by persons to whom a
presumption of denial is applied by
DDTC pursuant to ITAR 120.16(c) or
127.11(a), including, among other
reasons, for past convictions of certain
U.S. criminal statutes or because they
are otherwise ineligible to contract with
or receive an export or import license
from an agency of the U.S. Government.
(c) Open General License No. 1 is an
other approval as defined in ITAR
120.57(b), including for purposes of
ITAR part 127. Any retransfer that
satisfies the requirements specified
herein may be undertaken pursuant to
Open General License No. 1.
(d) No liability will be incurred by or
attributed to the U.S. Government in
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17:37 May 31, 2023
Jkt 259001
connection with any possible
infringement of privately owned patent
or proprietary rights, either domestic or
foreign, by reason of any retransfer
conducted pursuant to Open General
License No. 1.
Entry Into Force
Open General License No. 1 is valid
for three years, effective August 1, 2023
through July 31, 2026. The Department
may later consider reissuing Open
General License No. 1 prior to July 31,
2026 and extend the period of validity,
or otherwise amend the license.
Open General License No. 1 is limited
to transactions described herein, all
other transactions subject to the ITAR
require a separate license or approval as
described in the ITAR.
The Department of State approves
Open General License No. 1 pursuant to
ITAR 120.22(b) and subject to the
enumerated limitations, provisos, and
requirements as well as the
requirements contained elsewhere in
the ITAR. Open General License No. 1
may not be utilized unless and until
these limitations, provisos, and
requirements have been satisfied.
Please direct any questions regarding
Open General License No. 1 to the
Office of Defense Trade Controls Policy
at telephone (202) 663–1282, or email
DDTCCustomerService@state.gov.
Jessica Lewis,
Assistant Secretary Bureau of PoliticalMilitary Affairs.
Dated: March 23, 2023.
Open General License No. 2
Qualifying Reexports Between or Among
Australia, Canada, and the United
Kingdom
(a) The Directorate of Defense Trade
Controls (DDTC), pursuant to the
International Traffic in Arms
Regulations (ITAR) 120.22(b), hereby
provides the following Open General
License No. 2. Open General License
No. 2 licenses the reexport (as defined
in ITAR120.51) of unclassified defense
articles between or among:
(1) the Government of Australia;
(2) the Government of Canada;
(3) the Government of the United
Kingdom;
(4) members of the Australian
Community as defined in ITAR
126.16(d), at all locations in Australia;
(5) members of the United Kingdom
Community as defined in
ITAR126.17(d), at all locations in the
United Kingdom; and
(6) Canadian-registered persons as
defined in ITAR 126.5(b).
(b) The reexport of any unclassified
defense article to any of the parties
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Fmt 4703
Sfmt 4703
35993
listed in section (a) is subject to all the
following requirements, limitations, and
provisos:
(1) Requirements. The transferor shall:
(i) comply with the requirements of
ITAR 123.9(b);
(ii) maintain the following records of
each reexport: a description of the
defense article, including technical data;
the name and address of the recipient
and the end-user, and other available
contract information (e.g., telephone
number and electronic mail address);
the name of the natural person
responsible for the transaction; the
stated end use of the defense article; the
date of the transaction; and the method
of transfer;
(iii) ensure that such records are made
available to DDTC upon request; and
(iv) utilize Open General License No.
2 as the license or other approval
number or exemption citation.
(2) Limitations and provisos:
(i) the defense article was originally
exported pursuant to a license or other
approval issued by DDTC pursuant to
section 38 of the Arms Export Control
Act (AECA), the Defense Trade
Cooperation Treaty between the United
States and Australia (ITAR126.16), or
the Defense Trade Cooperation Treaty
between the United States and the
United Kingdom, (ITAR126.17);
(ii) a defense article originally
exported pursuant to ITAR126.6(c) may
not be reexported under this license;
(iii) a defense article described in
ITAR126.16(a)(5) or § 126.17(a)(5) may
not be reexported under this license;
(iv) a defense article may not be
reexported under this license if it is
listed on the Missile Technology
Control Regime (MTCR) Annex or
identified as Missile Technology (MT)
on the United States Munitions List
(USML) in ITAR part 121;
(v) a defense article may not be
reexported under this license if it will
be used to support the design,
development, engineering, manufacture,
production, assembly, testing, repair,
maintenance, modification, operation,
demilitarization, destruction, or
processing of a missile, UAV, spacelaunch vehicle, item listed on the MTCR
Annex, or item listed as MT on the
USML in ITAR part 121;
(vi) technical data may only be
reexported under this license for the
purpose of organizational-level,
intermediate-level, or depot-level
maintenance, repair, or storage of a
defense article;
(vii) any major defense equipment (as
defined in ITAR120.37) valued (in terms
of its original acquisition cost) at
$25,000,000 or more and any defense
article or related training or other
E:\FR\FM\01JNN1.SGM
01JNN1
35994
Federal Register / Vol. 88, No. 105 / Thursday, June 1, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
defense service valued (in terms of its
original acquisition cost) at
$100,000,000 or more, may only be
reexported under this license for the
purpose of:
i. maintenance, repair, or overhaul
defense services, including the repair of
defense articles used in furnishing such
services, if the reexport will not result
in any increase in the military capability
of the defense articles and services to be
maintained, repaired, or overhauled; or
ii. a temporary reexport of defense
articles for the sole purpose of receiving
maintenance, repair, or overhaul;
(viii) the reexport must take place
wholly within or between the physical
territory of Australia, Canada, or the
United Kingdom;
(ix) any reexport of a defense article
other than technical data is for end use
by, or operation on behalf of, the
Government of Australia, the
Government of Canada, the Government
of the United Kingdom, or the
Government of the United States; and
(x) Open General License No. 2 may
not be utilized by persons to whom a
presumption of denial is applied by
DDTC pursuant to ITAR§ 120.16(c) or
127.11(a), including, among other
reasons, for past convictions of certain
U.S. criminal statutes or because they
are otherwise ineligible to contract with
or receive an export or import license
from an agency of the U.S. Government.
(c) Open General License No. 2 is an
other approval as defined in
ITAR120.57(b), including for purposes
of ITAR part 127. Any reexport that
satisfies the requirements specified
herein may be undertaken pursuant to
Open General License No. 2.
(d) No liability will be incurred by or
attributed to the U.S. Government in
connection with any possible
infringement of privately owned patent
or proprietary rights, either domestic or
foreign, by reason of any reexport
conducted pursuant to Open General
License No. 2.
Entry into Force
Open General License No. 2 is valid
for three years, effective August 1, 2023
through July 31, 2026. The Department
may later consider reissuing Open
General License No. 2 prior to July 31,
2026 and extend the period of validity,
or otherwise amend the license.
Open General License No. 2 is limited
to transactions described herein, all
other transactions subject to the ITAR
require a separate license or approval as
described in the ITAR.
The Department of State approves
Open General License No. 2 pursuant to
ITAR120.22(b) and subject to the
enumerated limitations, provisos, and
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17:37 May 31, 2023
Jkt 259001
requirements as well as the
requirements contained elsewhere in
the ITAR. Open General License No. 2
may not be utilized unless and until
these limitations, provisos, and
requirements have been satisfied.
Please direct any questions regarding
Open General License No. 2 to the
Office of Defense Trade Controls Policy
at telephone (202) 663–1282, or email
DDTCCustomerService@state.gov.
Jessica Lewis Assistant Secretary Bureau
of Political-Military Affairs.
Dated: March 23, 2023.
Jessica Lewis,
Assistant Secretary Bureau of PoliticalMilitary Affairs, Department of State.
[FR Doc. 2023–11678 Filed 5–31–23; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF STATE
[Public Notice: 12068]
Bureau of Political-Military Affairs;
Administrative Debarment Under the
International Traffic in Arms
Regulations Involving VTA Telecom
Corporation
ACTION:
Notice.
Notice is hereby given that
the Department of State has imposed
administrative debarment under the
International Traffic in Arms
Regulations (ITAR) on VTA Telecom
Corporation.
DATES: Debarment imposed as of April
20, 2023.
FOR FURTHER INFORMATION CONTACT: Jae
E. Shin, Director, Office of Defense
Trade Controls Compliance, Bureau of
Political-Military Affairs, Department of
State (202) 632–2107.
SUPPLEMENTARY INFORMATION: Section
127.7(c)(2) of the ITAR authorizes the
Assistant Secretary of State for PoliticalMilitary Affairs to debar any person
who has been found pursuant to part
128 of the ITAR to have committed a
violation of the Arms Export Control
Act (AECA) when such violation is of
such character as to provide a
reasonable basis for the Directorate of
Defense Trade Controls to believe that
the violator cannot be relied upon to
comply with the AECA or ITAR in the
future. Such debarment prohibits the
subject ‘‘. . . from participating directly
or indirectly in any activities that are
subject to [the ITAR].’’
Debarred persons are generally
ineligible to participate in activity
regulated under the ITAR (see, e.g.,
§§ 120.15(b), 120.16, 120.18, 127.1(c),
and 127.11(a)). The Department of State
will not consider applications for
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
licenses or requests for approvals that
involve any debarred person.
VTA Telecom Corporation (VTA)
violated the ITAR when it without
authorization exported or attempted to
export ITAR-controlled defense articles
including hobby rocket motors, video
trackers, including related technical
data, and a gas turbine engine controlled
under U.S. Munitions List Categories
IV(d)(7), IV(h), IV(h)(11), XII(a), and
XIX(c) to Vietnam, a proscribed country
identified in ITAR 126.1 at the time of
the ITAR violations. In addition, VTA
violated the ITAR by knowingly
providing false statements on the
required end-use statements for the
purpose of causing the export of defense
articles to Vietnam.
On April 20, 2023, VTA entered into
a Consent Agreement with the
Department of State that settled its ITAR
violations and that, pursuant to order of
the Assistant Secretary for PoliticalMilitary Affairs, administratively
debarred the company until April 20,
2026. Reinstatement after April 20,
2026, is not automatic, and it is
contingent on VTA’s full compliance
with the terms of the April 20, 2023,
Consent Agreement. At the end of the
debarment period, VTA may apply for
reinstatement.
This notice is provided to make the
public aware that VTA is prohibited
from participating directly or indirectly
in defense trade, including any
activities subject to the ITAR.
Exceptions may be made to this denial
policy on a case-by-case basis at the
discretion of the Directorate of Defense
Trade Controls. However, such an
exception may be granted only after a
full review of all circumstances, paying
particular attention to the following
factors: whether an exception is
warranted by overriding U.S. foreign
policy or national security interests;
whether an exception would further law
enforcement concerns that are
consistent with foreign policy or
national security interests of the United
States; or whether other compelling
circumstances exist that are consistent
with the foreign policy or national
security interests of the United States,
and law enforcement concerns.
This notice involves a foreign affairs
function of the United States
encompassed within the meaning of the
military and foreign affairs exclusion of
the Administrative Procedure Act.
Because the exercise of this foreign
affairs function is highly discretionary,
E:\FR\FM\01JNN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 105 (Thursday, June 1, 2023)]
[Notices]
[Pages 35992-35994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11678]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice: 12033]
International Traffic in Arms Regulations: Reissuance and Update
of Open General Licenses 1 and 2
ACTION: Publication of updated general licenses.
-----------------------------------------------------------------------
SUMMARY: The Department of State, Directorate of Defense Trade Controls
is publishing two updated open general licenses, permitting certain
reexports and retransfers as provided therein, in the Federal Register:
Open General License No. 1 and Open General License No. 2, each of
which was previously issued on DDTC's website.
FOR FURTHER INFORMATION CONTACT: Dilan Wickrema, Office of Defense
Trade Controls Policy, U.S. Department of State, telephone (202) 663-
1282, or email [email protected]. ATTN: Open General
Licenses 1 and 2.
SUPPLEMENTARY INFORMATION: On July 13, 2022, pursuant to the authority
of section 38(a) of the Arms Export Control Act (22 U.S.C. 2778(a)), as
delegated to the Secretary of State by E.O. 13637, 78 FR 16129, and as
further delegated by the Secretary of State, the Deputy Assistant
Secretary of State for Defense Trade Controls issued two open general
licenses as part of a pilot program pursuant to the International
Traffic in Arms Regulations (ITAR), 22 CFR parts 120-130, Sec.
120.22(b). These open general licenses were originally published with a
validity date of one year, effective August 1, 2022, through July 31,
2023.
The Department of State, Directorate of Defense Trade Controls
(DDTC) is now updating both open general licenses to extend the
validity period and to update citations for ITAR sections moved by
rulemaking subsequent to the issuance of the open general licenses on
July 13, 2022. Extending the validity period of the open general
licenses by three years is necessary in order to allow DDTC to collect
sufficient data to consider the usefulness of the Open General License
pilot program and to provide industry with sufficient comfort to be
able to rely on the open general licenses without fear that they will
expire more quickly than a traditional license.
DDTC is also making certain non-substantive edits to both open
general licenses to clarify that multiple defense articles need not be
reexported or retransferred simultaneously and the open general
licenses can be used to reexport or retransfer a single defense
article.
Both updated Open General License No. 1 and Open General License
No. 2 have been published on DDTC's website and are now being published
in the Federal Register. The text of Open General License No. 1 and
Open General License No. 2 are provided below.
Open General License No. 1
Qualifying Retransfers Within Australia, Canada, and the United Kingdom
(a) The Directorate of Defense Trade Controls (DDTC), pursuant to
the International Traffic in Arms Regulations (ITAR) 120.22(b), hereby
provides the following Open General License No. 1. Open General License
No. 1 licenses the retransfer (as defined in ITAR120.52) of
unclassified defense articles to:
(1) the Government of Australia, the Government of Canada, or the
Government of the United Kingdom;
(2) members of the Australian Community as defined in ITAR
126.16(d), at all locations in Australia;
(3) members of the United Kingdom Community as defined in ITAR
126.17(d), at all locations in the United Kingdom; or
(4) Canadian-registered persons as defined in ITAR 126.5(b).
(b) The retransfer of any unclassified defense article to any of
the parties listed in section (a) is subject to all the following
requirements, limitations, and provisos:
(1) Requirements. The transferor shall:
(i) comply with the requirements of ITAR 123.9(b);
(ii) maintain the following records of each retransfer: a
description of the defense article, including technical data; the name
and address of the recipient and the end-user, and other available
contact information (e.g., telephone number and electronic mail
address); the name of the natural person responsible for the
transaction; the stated end use of the defense article; the date of the
transaction; and the method of transfer;
(iii) ensure that such records are made available to DDTC upon
request; and
(iv) utilize Open General License No. 1 as the license or other
approval number or exemption citation.
(2) Limitations and provisos:
(i) the defense article to be retransferred was originally exported
pursuant to a license or other approval issued by DDTC pursuant to
section 38 of the Arms Export Control Act (AECA), the Defense Trade
Cooperation Treaty between the United States and Australia (ITAR
126.16), or the Defense Trade Cooperation Treaty between the United
States and the United Kingdom, (ITAR 126.17);
(ii) a defense article originally exported pursuant to ITAR
126.6(c) may not be retransferred under this license;
(iii) a defense article described in ITAR 126.16(a)(5) or
126.17(a)(5) may not be retransferred under this license;
(iv) a defense article may not be retransferred under this license
if it is listed on the Missile Technology Control Regime (MTCR) Annex
or identified as Missile Technology (MT)
[[Page 35993]]
on the United States Munitions List (USML) in ITAR part 121;
(v) a defense article may not be retransferred under this license
if it will be used to support the design, development, engineering,
manufacture, production, assembly, testing, repair, maintenance,
modification, operation, demilitarization, destruction, or processing
of a missile, UAV, space-launch vehicle, item listed on the MTCR Annex,
or item listed as MT on the USML in ITAR part 121;
(vii) technical data may only be retransferred under this license
for the purpose of organizational-level, intermediate-level, or depot-
level maintenance, repair, or storage of a defense article;
(viii) any major defense equipment (as defined in ITAR 120.37)
valued (in terms of its original acquisition cost) at $25,000,000 or
more and any defense article or related training or other defense
service valued (in terms of its original acquisition cost) at
$100,000,000 or more, may only be retransferred under this license for
the purpose of:
i. maintenance, repair, or overhaul defense services, including the
repair of defense articles used in furnishing such services, if the
retransfer will not result in any increase in the military capability
of the defense articles and services to be maintained, repaired, or
overhauled; or
ii. a temporary retransfer of defense articles for the sole purpose
of receiving maintenance, repair, or overhaul;
(viii) the retransfer must take place wholly within the physical
territory of Australia, Canada, or the United Kingdom;
(ix) any retransfer of a defense article other than technical data
is for end use by, or operation on behalf of, the Government of
Australia, the Government of Canada, or the Government of the United
Kingdom; and
(x) Open General License No. 1 may not be utilized by persons to
whom a presumption of denial is applied by DDTC pursuant to ITAR
120.16(c) or 127.11(a), including, among other reasons, for past
convictions of certain U.S. criminal statutes or because they are
otherwise ineligible to contract with or receive an export or import
license from an agency of the U.S. Government.
(c) Open General License No. 1 is an other approval as defined in
ITAR 120.57(b), including for purposes of ITAR part 127. Any retransfer
that satisfies the requirements specified herein may be undertaken
pursuant to Open General License No. 1.
(d) No liability will be incurred by or attributed to the U.S.
Government in connection with any possible infringement of privately
owned patent or proprietary rights, either domestic or foreign, by
reason of any retransfer conducted pursuant to Open General License No.
1.
Entry Into Force
Open General License No. 1 is valid for three years, effective
August 1, 2023 through July 31, 2026. The Department may later consider
reissuing Open General License No. 1 prior to July 31, 2026 and extend
the period of validity, or otherwise amend the license.
Open General License No. 1 is limited to transactions described
herein, all other transactions subject to the ITAR require a separate
license or approval as described in the ITAR.
The Department of State approves Open General License No. 1
pursuant to ITAR 120.22(b) and subject to the enumerated limitations,
provisos, and requirements as well as the requirements contained
elsewhere in the ITAR. Open General License No. 1 may not be utilized
unless and until these limitations, provisos, and requirements have
been satisfied.
Please direct any questions regarding Open General License No. 1 to
the Office of Defense Trade Controls Policy at telephone (202) 663-
1282, or email [email protected].
Jessica Lewis,
Assistant Secretary Bureau of Political-Military Affairs.
Dated: March 23, 2023.
Open General License No. 2
Qualifying Reexports Between or Among Australia, Canada, and the United
Kingdom
(a) The Directorate of Defense Trade Controls (DDTC), pursuant to
the International Traffic in Arms Regulations (ITAR) 120.22(b), hereby
provides the following Open General License No. 2. Open General License
No. 2 licenses the reexport (as defined in ITAR120.51) of unclassified
defense articles between or among:
(1) the Government of Australia;
(2) the Government of Canada;
(3) the Government of the United Kingdom;
(4) members of the Australian Community as defined in ITAR
126.16(d), at all locations in Australia;
(5) members of the United Kingdom Community as defined in
ITAR126.17(d), at all locations in the United Kingdom; and
(6) Canadian-registered persons as defined in ITAR 126.5(b).
(b) The reexport of any unclassified defense article to any of the
parties listed in section (a) is subject to all the following
requirements, limitations, and provisos:
(1) Requirements. The transferor shall:
(i) comply with the requirements of ITAR 123.9(b);
(ii) maintain the following records of each reexport: a description
of the defense article, including technical data; the name and address
of the recipient and the end-user, and other available contract
information (e.g., telephone number and electronic mail address); the
name of the natural person responsible for the transaction; the stated
end use of the defense article; the date of the transaction; and the
method of transfer;
(iii) ensure that such records are made available to DDTC upon
request; and
(iv) utilize Open General License No. 2 as the license or other
approval number or exemption citation.
(2) Limitations and provisos:
(i) the defense article was originally exported pursuant to a
license or other approval issued by DDTC pursuant to section 38 of the
Arms Export Control Act (AECA), the Defense Trade Cooperation Treaty
between the United States and Australia (ITAR126.16), or the Defense
Trade Cooperation Treaty between the United States and the United
Kingdom, (ITAR126.17);
(ii) a defense article originally exported pursuant to ITAR126.6(c)
may not be reexported under this license;
(iii) a defense article described in ITAR126.16(a)(5) or Sec.
126.17(a)(5) may not be reexported under this license;
(iv) a defense article may not be reexported under this license if
it is listed on the Missile Technology Control Regime (MTCR) Annex or
identified as Missile Technology (MT) on the United States Munitions
List (USML) in ITAR part 121;
(v) a defense article may not be reexported under this license if
it will be used to support the design, development, engineering,
manufacture, production, assembly, testing, repair, maintenance,
modification, operation, demilitarization, destruction, or processing
of a missile, UAV, space-launch vehicle, item listed on the MTCR Annex,
or item listed as MT on the USML in ITAR part 121;
(vi) technical data may only be reexported under this license for
the purpose of organizational-level, intermediate-level, or depot-level
maintenance, repair, or storage of a defense article;
(vii) any major defense equipment (as defined in ITAR120.37) valued
(in terms of its original acquisition cost) at $25,000,000 or more and
any defense article or related training or other
[[Page 35994]]
defense service valued (in terms of its original acquisition cost) at
$100,000,000 or more, may only be reexported under this license for the
purpose of:
i. maintenance, repair, or overhaul defense services, including the
repair of defense articles used in furnishing such services, if the
reexport will not result in any increase in the military capability of
the defense articles and services to be maintained, repaired, or
overhauled; or
ii. a temporary reexport of defense articles for the sole purpose
of receiving maintenance, repair, or overhaul;
(viii) the reexport must take place wholly within or between the
physical territory of Australia, Canada, or the United Kingdom;
(ix) any reexport of a defense article other than technical data is
for end use by, or operation on behalf of, the Government of Australia,
the Government of Canada, the Government of the United Kingdom, or the
Government of the United States; and
(x) Open General License No. 2 may not be utilized by persons to
whom a presumption of denial is applied by DDTC pursuant to ITARSec.
120.16(c) or 127.11(a), including, among other reasons, for past
convictions of certain U.S. criminal statutes or because they are
otherwise ineligible to contract with or receive an export or import
license from an agency of the U.S. Government.
(c) Open General License No. 2 is an other approval as defined in
ITAR120.57(b), including for purposes of ITAR part 127. Any reexport
that satisfies the requirements specified herein may be undertaken
pursuant to Open General License No. 2.
(d) No liability will be incurred by or attributed to the U.S.
Government in connection with any possible infringement of privately
owned patent or proprietary rights, either domestic or foreign, by
reason of any reexport conducted pursuant to Open General License No.
2.
Entry into Force
Open General License No. 2 is valid for three years, effective
August 1, 2023 through July 31, 2026. The Department may later consider
reissuing Open General License No. 2 prior to July 31, 2026 and extend
the period of validity, or otherwise amend the license.
Open General License No. 2 is limited to transactions described
herein, all other transactions subject to the ITAR require a separate
license or approval as described in the ITAR.
The Department of State approves Open General License No. 2
pursuant to ITAR120.22(b) and subject to the enumerated limitations,
provisos, and requirements as well as the requirements contained
elsewhere in the ITAR. Open General License No. 2 may not be utilized
unless and until these limitations, provisos, and requirements have
been satisfied.
Please direct any questions regarding Open General License No. 2 to
the Office of Defense Trade Controls Policy at telephone (202) 663-
1282, or email [email protected]. Jessica Lewis Assistant
Secretary Bureau of Political-Military Affairs.
Dated: March 23, 2023.
Jessica Lewis,
Assistant Secretary Bureau of Political-Military Affairs, Department of
State.
[FR Doc. 2023-11678 Filed 5-31-23; 8:45 am]
BILLING CODE 4710-25-P
