ITAR Amended for UN Arms Embargo on Certain Exports to Libya
The State Department has issued a final rule, effective May 24, 2011, which amends the International Traffic in Arms Regulations (ITAR) to reflect the United Nations Security Council's recently adopted arms embargo by prohibiting certain defense exports and sales to Libya. The final rule also updates the policy of denial for licenses or other approvals to export or otherwise transfer defense articles and services to Libya.
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(On February 26, 2011, the UNSC adopted a resolution authorizing Member States to prevent the sale, supply or transfer of arms and related materiel of all types to Libya, with certain exceptions. On March 17, 2011, the UNSC adopted a resolution approving a "no-fly zone" over Libya and authorizing all necessary measures to protect civilians and civilian populated areas under threat of attack in Libya. See ITT's Online Archives or 02/28/11 and 03/18/11 news, 11022701 and 11031846, for BP summaries.)
Transactions Prohibited by UN Embargoes Are also Prohibited Under the ITAR
The ITAR states that whenever the UNSC mandates an arms embargo, all transactions that are prohibited by the embargo and that involve (i) U.S. persons anywhere, or any person in the U.S., and (ii) defense articles or services of a type enumerated on the United States Munitions List, irrespective of origin, are prohibited under the ITAR for the duration of the embargo.
This would include, but is not limited to, transactions involving trade by U.S. persons who are located inside or outside of the U.S. in defense articles or services of U.S. or foreign origin that are located inside or outside of the U.S. This holds unless the State Department publishes a notice in the Federal Register specifying different measures.
Libya Added to ITAR List of UN Embargoes, Defense Exports to Libya Prohibited
The final rule revises 22 CFR 126.1(c) to add Libya to the list of countries where certain exports and sales are prohibited by UN Arms Embargoes. The list now includes, but is not necessarily limited to, the following countries: Cote d'Ivoire; Democratic Republic of Congo; Iraq; Iran; Lebanon; Liberia; Libya; North Korea; and Sierra Leone. Accordingly, exports and sales prohibited to these countries by the UNSC are also prohibited under the ITAR for the duration of the embargo, or as otherwise specified by the State Department.
Policy of Denial for Libya Updated for Transactions Allowed by UNSC
The final rule revises 22 CFR 126.1(k) to update the ITAR's policy of denial for all requests for licenses or other approvals to imports or export or otherwise transfer of defense articles and services destined for or originating in Libya. This is the policy of the U.S., except where the U.S. determines, upon case-by-case review, that a transaction (or activity) is not prohibited under UNSC resolutions and that the transaction (or activity) is in furtherance of the national security and foreign policy of the U.S.
The ITAR previously stated that it was the U.S.' policy to deny such requests except, on a case-by-case basis, for non-lethal defense articles and defense services, and for non lethal safety-of-use defense articles (e.g., technical manuals to enhance safety, cartridge and propellant actuated devices) as spare parts for lethal end-items. Therefore, the ITAR's policy towards Libya has been revised to reflect the UNSC's resolutions on Libya.
(See ITT's Online Archives or 02/23/11 news, 11022320, for BP Summary of the House and Senate Foreign Relations Committee Chairs calling for sanctions against Libya.
See ITT's Online Archives or 02/28/11 news, 11022842 and 11022843, for BP summaries of Canada and the European Union implementing sanctions against Libya.)
DOS Contact -- Nicholas Memos (202) 663-2804
(DN 2011-12621, FR Pub 05/24/11)