International Trade Law News

As a result of the recent U.N. Security Council resolution on the situation in Lebanon (UNSCR 1701), the State Department's Directorate of Defenense Trade Controls (DDTC) has announced that no new license applications will be accepted for the export of defense articles and defense services to Lebanon and existing licenses will be suspended (except for exports permitted under the U.N. resolution). The complete text of DDTC's announcement is as follows:

On August 11, 2006, the United Nations Security Council voted unanimously to impose an embargo on the export of arms and related material, as well as defense services, to Lebanon. The resolution establishing the embargo (UNSCR 1701) enjoins all states to “take the necessary measures to prevent, by their nationals or from their territories or using their flag vessels or aircraft: (a) the sale or supply to any entity or individual in Lebanon of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, whether or not originating in their territories; and (b) the provision to any entity or individual in Lebanon of any technical training or assistance related to the provision, manufacture, maintenance or use of [such] items.” The resolution establishes that “these prohibitions shall not apply to arms, related material, training or assistance authorized by the Government of Lebanon or by UNIFIL.” U.S. exporters are advised that, effective August 11, 2006, no application for the export to Lebanon of defense articles or services covered by the International Traffic in Arms Regulations (ITAR) will be approved except as provided for in UNSCR 1701. Any existing license or authorization for the export to Lebanon of ITAR-controlled defense articles or services is hereby suspended unless the end-user is the Government of Lebanon or UNIFIL. Holders of other existing licenses or authorizations, including exemptions, must submit documentation for review by the Directorate of Defense Trade Controls (DDTC) supporting the authorization of the transaction by the Government of Lebanon or UNIFIL. For future authorizations, exceptions to this policy of denial will be made, in accordance with the ITAR, on a case-by-case basis to determine whether they conform to UNSCR 1701. A formal acknowledgement of the arms embargo against Lebanon, along with an amendment to Section 126.1 of the ITAR to reflect the fact of the embargo, will be published shortly in the Federal Register.

Labels: DDTC, Export Controls