Zimbabwe

Two Office of Defense Trade Control (ODTC) Federal Register notices in July modify slightly the rules as they apply to 126.5 proscribed countries Afghanistan and Zimbabwe  (If you have trouble remember which countries, use the mnemonic device “proscribed countries A to Z.)”   The first amends the ITAR to lift a policy of license denial for defense exports destined for the Afghan Interim Authority (AIA) and the International Security Assistance Force (ISAF).  The former is Karzia’s Government and the latter is the US and our allies.  As the Notice does not address use of exemptions, one would have to presume that the general proscribed country rule barring use of most ITAR exemptions still applies, even if intended for the AIA and ISAF.  The Zimbabwe Notice, in contrast, now allows for the use of the 123.17 temporary exports of firearms exemption, but does not change the overall denial licensing policy for Zimbabwe.

The United States and the European Union (EU) have imposed trade sanctions on Zimbabwe in response to President Robert Mugabe fixing Zimbabwe’s national elections and continuing crackdown against political
opposition. While both the US and the EU imposed sanctions of transfers of military equipment and technology, the EU imposed additional measures targeting President Mugabe.

In the April 17, 2002 Federal Register the Office of Defense Trade Controls suspended all licenses and approvals (i.e., agreements and retransfer authorizations) for Zimbabwe. At the same time, DTC also prohibited the use of any license exemptions in the International Traffic in Arms Regulations for Zimbabwe.

Soon after the corrupt election in Zimbabwe, the EU agreed to impose smart sanctions targeting arms transfers to Zimbabwe and Robert Mugabe.(“Smart sanctions” seems to be the new buzzword in Europe for sanctions
that have a precise target, in this case President Mugabe. The problem with smart sanctions is that the first few times you implement smart sanctions, you seem to be implying that previous sanctions were not “smart sanctions.” Does that mean earlier sanctions were “stupid sanctions,” or maybe just “slow sanctions”? Perhaps past efforts
have been “silly sanctions.” Rumor has it that the Bush Administration, not to be outdone by the EU, already has a plan in place to designate its next trade sanctions as “incredibly brilliant sanctions,” a designation
that just barely beat out “Texas sanctions” in an internal White House debate.

In addition to prohibiting transfers of military equipment and technology, the EU imposed to sanctions on Mugabe and 19 members of his inner circle: 1) The EU froze their assets, and 2) The EU imposed a travel ban on them. The EU also decided to prohibit the transfer of equipment that may be used for internal repression.