Res Communis

Department of State: Policy on Review Time for License Applications

by P.J. Blount with the blog faculty

The Department of State published a Policy on Review Time for License Applications in relation to the International Traffic in Arms Regulations (ITAR) in the December 3, 2009 Federal Register (74 Fed. Reg. 63497):

DEPARTMENT OF STATE
[Public Notice: 6803]
Policy on Review Time for License Applications
AGENCY: Department of State.
ACTION: Notice.

In National Security Presidential Directive–56, Defense Trade Reform, signed January 22, 2008, the Department of State was directed to complete the review and adjudication of license applications within 60 days of receipt, except in cases where national security exceptions apply. The President further directed that these exceptions be published. A Federal Register notice entitled ‘‘Policy on Review Time for License Applications’’ was published on April 15, 2008 (73 FR 20357) stating five national security exceptions.

Experience in the last nineteen months has indicated that a sixth exception is required. It has been noted in reviews that events may require the Department of State to initiate a review of an established export policy relevant to license applications. By the nature of the established deadline, this might result in cases that have been approvable before the review being returned without action to the applicant while the review is ongoing. Enforcement of the deadline without being able to account for these situations might result in another applicant’s license, submitted after the first license but that had not reached the 60-day deadline, being approved once the review is complete; inadvertently creating an unlevel playing field. As such, the Directorate of Defense Trade Controls has added a sixth exception to account for this issue. In accordance with NSPD–56, the following six national security exceptions are applicable:

(1) When a Congressional Notification is required: The Arms Export Control Act Section 36 (c) and (d) and the International Traffic in Arms Regulations, 22 CFR 123.15, requires a certification be provided to Congress prior to granting any license or other approval for transactions, if it meets the requirements identified for the sale of major defense equipment, manufacture abroad of significant military equipment, defense articles and services, or the re-transfer to other nations. Notification thresholds differ based on the dollar value, countries concerned and defense articles and services.

(2) Required Government Assurances have not been received. These would include, for example, Missile Technology Control Regime Assurances, and Cluster Munitions assurances.

(3) End-use Checks have not been completed. (Commonly referred to as ‘‘Blue Lantern’’ checks. End-use checks are key to the U.S. Government’s prevention of illegal defense exports and technology transfers, and range from simple contacts to verifying the bona fides of a transaction to physical inspection of an export.)

(4) The Department of Defense has not yet completed its review.

(5) A Waiver of Restrictions is required. (For example, a sanctions waiver.)

(6) When a related export policy is under active review and pending final determination by the Department of State.

Dated: November 23, 2009.
Robert S. Kovac,
Acting Deputy Assistant Secretary for Defense Trade, Bureau of Political Military Affairs, Department of State.

[FR Doc. E9–28875 Filed 12–2–09; 8:45 am]
BILLING CODE 4710–25–P

Aviation and Space Congressional Hearings

by P.J. Blount with the blog faculty

The are several Congressional hearings that relate to aviation and space occurring in the next week:

House Committee on Foreign Relations, Subcommittee on Terrorism, Nonproliferation and Trade: A Strategic and Economic Review of Aerospace Exports:

You are respectfully requested to attend the following open hearing of the Subcommittee on Terrorism, Nonproliferation and Trade to be held in Room 2200 of the Rayburn House Office Building.
Date Wednesday, December 09, 2009
Time 2:00 PM
Location Room 2200 of the Rayburn House Office Building
witnesses Panel I:

Matthew S. Borman, J.D.
Acting Deputy Assistant Secretary for Export Administration
U.S. Department of Commerce

Mr. Robert S. Kovac
Acting Deputy Assistant Secretary for Defense Trade
Bureau of Political-Military Affairs
U.S. Department of State

Panel II:

Ms. Marion Blakey
President and Chief Executive Officer
Aerospace Industries Association

Mr. David J. Berteau
Senior Advisor and Director of the Defense-Industrial Initiatives Group
Center for Strategic and International Studies

Mr. Henry Sokolski
Executive Director
Nonproliferation Policy Education Center

House Committee on Science and Technology: Decisions on the Future Direction and Funding for NASA: What Will They Mean for the U.S. Aerospace Workforce and Industrial Base? -

December 10, 2009
Location

2318 Rayburn House Office Building

10:00AM – 12:00PM

Witness Statements

* Dr. Richard Aubrecht
* Ms. Marion C. Blakey
* Mr. David Thompson
* Mr. A. Thomas Young

Senate Committee on Commerce, Science, and Transportation: Aviation Safety: Oversight of FAA Safety Initiatives –

Aviation Safety: Oversight of FAA Safety Initiatives
Aviation Operations, Safety, and Security

Thursday, December 10, 2009
10:00 AM
SR – 253

WASHINGTON, D.C. – The U.S. Senate Committee on Commerce, Science, and Transportation announces the following Aviation Operations, Safety, and Security Subcommittee hearing on Aviation Safety: Oversight of FAA Safety Initiatives.

Individuals with disabilities who require an auxiliary aid or service, including closed captioning service for webcast hearings, should contact Naomi Eskin at 202-224-5115 at least three business days in advance of the hearing date.