DDTC Issues Exporter Information on Debarment of ITT Night Vision Division
The State Department's Directorate of Defense Trade Controls has posted to its Web site a notice which contains additional information for exporters on its debarment policy regarding exports by or involving ITT Night Vision Division.
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(On March 28, 2007, in the U.S. District Court for the Western District of Virginia, ITT Corporation pled guilty to violations of the Arms Export Control Act, resulting in statutory debarment of ITT Corporation. See ITT's Online Archives or 04/12/07 news, 07041299 3, for BP summary of the State Department's Federal Register notice regarding this debarment.)
Scope of Debarment Continues to Apply Only to ITT Night Vision Division
DDTC continues to state that the debarment is only applicable to ITT Night Vision Division; all other ITT business units are excluded from the debarment.
Guidance for Existing Approvals
According to DDTC, the following guidance applies to existing approvals:
All licenses and other approvals granted prior to March 28 where ITT was not the applicant are still valid. Most licenses and other approvals granted prior to March 28 where ITT was the applicant are also still valid with the exceptions noted below.
Certain specified export authorizations held by ITT Night Vision Division have been revoked. ITT Night Vision Division has been notified of this action and has informed the State Department that it has advised the relevant parties of the revocation of such authorizations.
Debarment for New Export Authorizations (With Limited Exceptions)
According to DDTC, new export authorizations requested by or involving ITT Night Vision Division are subject to the debarment and a policy of denial will be applied, with exceptions to the debarment for:
Authorization requests for exports in support of U.S. Government contracts or U.S. Government end-use.
Authorization requests for exports in support of U.S. coalition partners or to otherwise support the Global War on Terror.
Authorization requests for these areas will be reviewed on the normal case-by-case basis.
Transaction Exceptions
DDTC states that the State Department anticipates that there may be other export transactions that meet the criteria for granting such exceptions (e.g., certain authorization requests for end-use by NATO and Major Non-NATO Allies and certain foreign law enforcement activities). Exporters wishing to apply for exceptions, known as "Transaction Exceptions" (TEs), should note this request in their application letter and provide relevant justification.
DDTC states that TEs may be granted with respect to this debarment on a case-by-case basis if the export would further:
U.S. foreign policy or national security interests,
law enforcement interests that are consistent with foreign policy or national security interests of the U.S., or
other compelling interests that are consistent with the foreign policy or national security interests of the U.S.
(See notice for special guidance for exporters of defense articles procured from ITT Night Vision Division.)
DDTC notice (dated 05/09/07) available at http://www.pmddtc.state.gov/exporter_guidance_itt_debarment.htm