[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