Final Rule of U.S. BIS: EAR is updated regarding Arms Embargoes and Recognition of India as Member of MTCR

Final Rule of U.S. BIS: EAR is updated regarding Arms Embargoes and Recognition of India as Member of MTCR

On 04 November 2016, the Bureau of Industry and Security (BIS) adopted a Final Rule to amend the Export Administration Regulations (EAR).

The Final Rule implements changes in controls on arms and related materiel to Cote d’Ivoire, Liberia, Sri Lanka, and Vietnam.

 

 

Amendments regarding the Arms Embargoes

  • Cote d’Ivoire The arms embargo against Cote d’Ivoire was initially imposed through UNSCR 1572 (2004). UNSCR 2283 terminated the arms embargo against Cote d’Ivoire on April 28, 2016, in recognition of the progress achieved in the stabilization of the country, including in relation to disarmament, demobilization and reintegration, security sector reform, national reconciliation and the fight against impunity, as well as the successful conduct of the presidential election of October 25, 2015. Accordingly, this rule removes the United Nations Embargo (UN) controls on Cote d’Ivoire by removing that country from the names of UNSC arms embargoed countries in § 746.1(b) and from Country Group D:5 in Supplement No. 1 to part 740 of the EAR.
  • Liberia The arms embargo against Liberia was initially imposed through UNSCR 788 on November 19, 1992, and was continued through subsequent resolutions, including UNSCR 1903 (2009). The UNSC terminated the arms embargo against Liberia on May 25, 2016, through UNSCR 2288, in recognition of that country’s progress in the past 13 years in building stable, effective and resilient national institutions. Accordingly, this rule removes the UN controls on Liberia by removing that country from the names of UNSC arms embargoed countries in § 746.1(b) and from Country Group D:5 in Supplement No. 1 to part 740 of the EAR.
  • Sri Lanka The Department of State imposed a U.S. arms embargo on Sri Lanka on March 24, 2008, in accordance with the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (Div. J, Pub. L. 110–161). However, licensing restrictions on Sri Lanka articulated in section 7044(e) of the Consolidated Appropriations Act, 2015 (Pub. L. 113– 235) and in previous appropriations acts, were not carried forward in section 7044(e) of the Consolidated Appropriations Act, 2016 (Pub. L. 114– 113). On May 4, 2016, DDTC announced that it would begin reviewing license applications for Sri Lanka on a case-by-case basis. Accordingly, this rule removes Sri Lanka from Country Group D:5 in Supplement No. 1 to part 740 of the EAR.
  • Vietnam Starting in the 1960s, the Department of State imposed a lethal arms sales embargo against Vietnam. Pursuant to a determination by the Secretary of State, the President announced the United States’ termination of the U.S. arms embargo against Vietnam on May 23, 2016, in furtherance of deepening and broadening ties between the United States and Vietnam since the normalization of diplomatic relations. Accordingly, BIS removes Vietnam from Country Group D:5 in Supplement No.1 to part 740 the EAR.

Afbeeldingsresultaat voor photos of white houseBIS also updates the EAR to recognize the accession of India as a member of the Missile Technology Control Regime (MTCR).

In June 2016, India became a full member of the MTCR. The Final Rules reflects this change. 

 

EAR Amendment concerning India's MTCR Membership
International Export Control Regime Update:

India, Member MTCR On June 27, 2016, India formally acceded to the MTCR as the 35th member. Prior to India’s MTCR membership, India’s commitment to the U.S.-India bilateral understanding contributed to the country’s status as an ‘‘MTCR adherent’’ and placed the country among like-minded MTCR members in Country Group A:2 in Supplement No. 1 to part 740.

In this rule, BIS formally recognizes India’s status as a member of MTCR by removing the reference to India as only an ‘‘MTCR adherent’’ from paragraph (d) of § 742.5 of the EAR.

 

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