The Department of State has recently published the countries that are not cooperating fully with the US antiterrorism efforts. These countries are Cuba, Eritrea, Iran, Democratic People’s Republic of Korea (North Korea), Syria, and Venezuela.
Whatever you do, please do not confuse this list of “countries not cooperating fully with US antiterrorism efforts” with the list of terrorism supporting countries.
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The Government Accountability Office (GAO) recently revealed some what is characterizes as serious flaws in the current export laws regarding sensitive dual-use and military exports. Over a 13-month investigation, the GAO created fake companies and purchased military and dual use items, both of which have military and commercial use in the US and then shipped “dummy” versions of these items to countries known for transshipment points for terrorist organizations and foreign governments. They purchased night-vision scopes, triggered spark gaps, electronic sensors and gyro chips-these items have military and nuclear weapons related applications.
Yaming Nina Qi Hanson of Silver Spring, Maryland has been charged with exporting autopilot circuits to China without a license. Yaming’s husband, Harold Hanson has been named a co-conspirator but has not yet been charged. (more…)
BIS has published a final rule in the Federal Register amending the EAR export and reexport requirements for persons and entities designated on the Entity List. 15 CFR Parts 730, 744 and 756 have been changed effective immediately The rule expands on the idea that certain exports and reexports to parties on the Entity List require a license from BIS and availability of License Exceptions in those transactions is limited.
A summary of the changes are as follows:
The President lifted the TWEA (Trading With Enemy Act) Sanctions on North Korea on June 27, 2008 after North Korea gave Chinese officials in Beijing 60 pages of documentation of its nuclear past after continued negotiations. Unfortunately for exporters and reexporters, the full scope of US export and reexport controls remain in force.
The document declares far less nuclear weaponry than the country actually houses, but Bush felt that North Korea should be rewarded for its efforts, as this is seen as a positive step in negotiations for the future of denuclearization of the Korean peninsula.
North Korea will be taken off the State Department list of nations that sponsor terrorism, but all other sanctions will remain in place. This means that all property and interests in property that were blocked are still blocked and will remain blocked. All current restrictions on imports, exports and North Korean blocked funds held by US financial institutions will continue indefinitely. The restrictions will continue until North Korea cooperates completely and gives up all of its nuclear weapons and information.
So, in a nutshell, in terms of export and reexport controls. nothing has changed, except the fact that North Korea is no longer on the list of State Sponsors of Terrorism. All prior restrictions apply, even though, “[North Korea] is no longer in the national interest of the United States.”
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The Department of State has issued to Congress that Cuba, Eritrea, Iran, North Korea, Syria, and Venezuela are not fully cooperating with the United States antiterrorism efforts. John D. Negroponte, Deputy Secretary of State has issued the decision to retain the certification of North Korea pursuant to Section 40A of the Arms Export Control Act.
There will be an ongoing review of the designation of North Korea and the outcome of the review may warrant a new assessment and possible change in certification.
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Secretary Mancuso delivered the keynote address on March 17, 2008 at the Export Control Forum in Newport Beach California. Mancuso emphasized the need to strengthen the US dual-use export control enforcement architecture and pushed for Congress to pass “a reauthorized Export Administration Act as quickly as possible.”
He also restated that his three highest policy priorities are still:
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The first-ever National Export Control Coordinator for the Department of Justice was appointed last June 20, 2007. Steven W. Pelak, a veteran prosecutor for 18 years, has been an Assistant U.S. Attorney and Senior Litigation Counsel in the National Security Section of the U.S. Attorney’s Office for the District of Columbia and, since September 2001, has served as the Anti- Terrorism Coordinator for the U.S. Attorney’s Office. Mr. Pelak is detailed to the Counter-espionage Section of the Justice Department’s National Security Division, wherein he will have some of the following responsibilities:
Attorney General Alberto Gonzales mentioned in his June 11 speech on nuclear terrorism that the Justice Department’s National Security Division where federal prosecutors were provided instruction and guidance on export control cases, with trainers from the Justice Department and the relevant investigative agents on hand providing comprehensive prosecutorial instruction.
In the February 7, 2007’s Federal Register, the State Department amended section 126.1 of the ITAR to include Venezuela in the list of countries not cooperating fully with anti-terrorism efforts. This just makes the policy announced last year officially a part of ITAR 126.1.
The Secretary of State determined that Venezuela, along with Cuba, Iran, North Korea and Syria, would be placed on the list beginning October 1, 2006. The AECA prohibits the sale or licensing of defense articles and services to those countries on the list for the term of one fiscal year beginning October 1, 2006. Additionally, the State Department issued a policy of denial of the export or transfer of defense articles to and revocation of existing authorizations for Venezuela on August 17, 2006.
