94-6872. Consideration of Defense Articles and Defense Services Marketing License Requests for South Africa  

  • [Federal Register Volume 59, Number 57 (Thursday, March 24, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-6872]
    
    
    [[Page Unknown]]
    
    [Federal Register: March 24, 1994]
    
    
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    DEPARTMENT OF STATE
    
    Bureau of Political-Military Affairs
    [Public Notice 1968]
    
     
    
    Consideration of Defense Articles and Defense Services Marketing 
    License Requests for South Africa
    
    AGENCY: Department of State.
    
    ACTION: Public notice.
    
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    SUMMARY: Pursuant to section 38 of the Arms Export Control Act, notice 
    is hereby given that the Department of State will on a case-by-case 
    basis consider licenses and approvals for (1) marketing proposals to 
    sell United States Munitions List items to South Africa and for (2) 
    export of the minimum basic operational and maintenance data necessary 
    to support such proposals. However, exports of defense articles and 
    services subject to the United Nations arms embargo on South Africa 
    will not be approved while the embargo remains in force.
    
    EFFECTIVE DATE: March 24, 1994.
    
    FOR FURTHER INFORMATION CONTACT:
    John Clarkson, Political-Military Affairs Officer, Office of Export 
    Control Policy, Defence Trade Policy, Bureau of Political-Military 
    Affairs, Department of State (202) 647-4231.
    
    SUPPLEMENTARY INFORMATION: South Africa is currently under a mandatory 
    arms export embargo imposed by the United Nations Security Council, and 
    is a proscribed destination for exports of defense articles and 
    services pursuant to 22 CFR 126.1. However, it is contemplated that the 
    embargo may end once certain events take place. Because of this, the 
    Department of State will now consider, on a case-by-case basis, 
    granting licenses and approvals for proposals to sell defense articles 
    and defense services to South Africa and to export the minimum amount 
    of basic operations and maintenance technical data necessary to support 
    such proposals, so long as assurances are received that this data will 
    be used in support of such proposals and for no other purpose. 
    Approvals for the export of the aforementioned technical data will only 
    be granted if the Director, Office of Defense Trade Controls, receives 
    reliable assurances from the foreign end-user that it will only use the 
    technical data for evaluation and informational purposes related to the 
    proposed sale, and not for any other purposes. The Department of State 
    will not grant licenses for the actual sale or export of defense 
    articles and defense services (other than for the aforementioned 
    technical data and for exceptions in accordance with current policy as 
    provided for in Sec. 126.1(c)) while the U.N. arms embargo against 
    South Africa and U.S. regulations prohibiting the export to South 
    Africa of defense articles and services are in force.
        Section 126.1(e) also provides that any person who knows or has 
    reason to know of a proposal to sell or transfer to a country referred 
    to in Sec. 126.1, or to any person acting on its behalf, any defense 
    articles, defense services or technical data subject to the ITAR must 
    immediately inform the Office of Defense Trade Controls. Effective 
    immediately, this requirement no longer applies to South Africa. 
    However, the obligation to inform the Office of Defense Trade Controls 
    of actual sales or transfers to South Africa remains in place.
        The licenses and approvals subject to this policy include 
    proposals, within the meaning of 22 CFR 126.1(e), to sell or transfer 
    defense articles and services. This policy also covers licenses and 
    approvals to export the minimum basic technical data in the form of 
    operations and maintenance information related to a defense article or 
    service which is necessary to support a sales proposal. For this 
    purpose, a proposal is defined as the communication of information in 
    sufficient detail to permit an intended purchaser to decide either to 
    acquire the particular equipment in question or to enter into a 
    manufacturing license agreement or technical assistance agreement. This 
    would include a presentation which describes the equipment's 
    performance characteristics, price, and probable availability for 
    delivery. This policy does not cover technical data which discloses the 
    details of design, development, production or manufacture of any 
    defense item. Nor does it permit the use, with respect to articles 
    originating in or for export to South Africa, of any exemptions except 
    those already permitted by Sec. 126.1 (i.e., Secs. 123.17 and 
    125.4(b)(13)). Furthermore, the requirements of Sec. 126.8, regarding 
    proposals to foreign persons relating to significant military 
    equipment, remain in place.
        This action has been taken pursuant to section 38 of the Arms 
    Export Control Act (22 U.S.C. 2778) and Sec. 126.7 of the ITAR in 
    furtherance of the foreign policy of the United States.
    
        Dated: March 14, 1994.
    Robert L. Gallucci,
    Assistant Secretary, Bureau of Political-Military Affairs, Department 
    of State.
    [FR Doc. 94-6872 Filed 3-23-94; 8:45 am]
    BILLING CODE 4710-25-M
    
    
    

Document Information

Published:
03/24/1994
Department:
State Department
Entry Type:
Uncategorized Document
Action:
Public notice.
Document Number:
94-6872
Dates:
March 24, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: March 24, 1994, Public Notice 1968