The Bureau of Industry and Security has issued a final rule, effective February 3, 2012, which amends the Export Administration Regulations to (i) include a reference to the Iran Sanctions Act of 1996 in its licensing policy for reexport and reexport transactions that involve persons sanctioned pursuant to specified statutes; (ii) clarify that its policy of license denial applies to any person, sanctioned under ISA and three other statutes1 which is a party to the transaction; and (iii) make technical corrections to update statutory citations and make conforming changes.
On February 2, 2012, the Directorate of Defense Trade Controls announced the following entity name and/or address changes for new DDTC license applications (see each notice for specific instructions for currently approved, pending, and new DSP authorizations and agreements, etc.):
On February 1, 2012, the Office of Foreign Assets Control added four individuals and three entities to its "Specially Designated Nationals" list under the Kingpin Act. SDNs are (i) individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries or (ii) individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country-specific. The assets of listed SDNs are blocked and U.S. persons are generally prohibited from dealing with them.
On February 1, 2012, the Office of Foreign Assets Control removed two Sudanese entities from its Specially Designated Nationals list. SDNs are (i) individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries or (ii) individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country-specific. The assets of listed SDNs are blocked and U.S. persons are generally prohibited from dealing with them. The following two deletions have been made to OFAC's SDN list: (1) PEOPLE'S CO-OPERATIVE BANK, [SUDAN] and (2) UNITY BANK, [SUDAN]. OFAC notice (dated 02/01/2012) available here.
Export.gov has announced a series of international trade shows that are scheduled for February 2012 through April 2013.
The Directorate of Defense Trade Controls has revised its Guidance for Exports to Afghanistan. According to DDTC, it is the policy of the Department of State to expedite requests for exports directly supporting coalition efforts in Afghanistan. To ensure these priority efforts are supported, the Department will ensure only requests directly related to coalition operations are afforded this expedited review. To be eligible for this expedited handling, the requests must be for (1) defense articles and services for forces or organizations deployed in Afghanistan, or (2) defense articles and services to forces or organizations within 90 days of a scheduled deployment. See notice for the criteria that must be met regarding application submission, supporting documentation requirements, instructions for re-export requests under general correspondence, and the export of fully automatic weapons to private entities. (Revised 01/31/12)
The Department of Defense Trade Controls has issued notice of an error in the instructions for the DSP-94. DDTC states that Section 126.6 of the ITAR provides an exemption from licensing for FMS (foreign military sale) shipments pursuant to a valid Letter of Offer and Acceptance. Section 126.6(c)(6) provides procedures and criteria for using the DSP-94 and Section 126.6(c)(6)(iii) further elaborates additional requirements for classified exports. The instructions for the DSP-94 under (a) currently limits the DSP-94 to unclassified defense articles which is inconsistent with Section 126.6(c). DDTC intends to modify the instructions but this serves as notice to diplomatic missions and designated freight forwarders that the DSP-94 can be used for classified exports so long as the criteria under Section 126.6(c)(6)(iii) are met. DDTC iterates that when the criteria are met, Section 126.6 procedures and the DSP-94 should be used in lieu of licenses for FMS shipments. (The DSP-94 form is entitled: "Authority to Export Defense Articles Sold Under the Foreign Military Sales Program.”)
Michael Camuñez, Assistant Secretary of Commerce for Market Access and Compliance, is leading a trade mission of 14 U.S. companies specializing in safety and security to Mexico City and Monterrey, Mexico, during January 30-February 2, 2012. Participants will have the opportunity to explore Mexico’s rapidly growing safety and security markets and develop U.S.-Mexican business partnerships.
The Bureau of Industry and Security has posted the public comments on its proposed rule to add to the Commerce Control List (CCL) certain gas turbine engines and associated equipment that the President determines no longer warrant control under the U.S. Munitions List (USML).
On January 27, 2012, the Directorate of Defense Trade Controls announced the following entity name and/or address changes for new DDTC license applications (see each notice for specific instructions for currently approved, pending, and new DSP authorizations and agreements, etc.):