On February 27, 2006, the Directorate of Defense Trade Controls (DDTC) in the State Department announced its policy for determining the export control jurisdiction of parts for the C-130 aircraft. DDTC announced its policy on its website at www.pmddtc.state.gov/aircraft_parts.htm.
DDTC said that it would publish an announcement of its policy in the Federal Register “in the near future.” 90 days after the notice appears in the Federal Register, the policy enters into force and exporters must comply with it.
In my humble opinion, it is good government for DDTC to announce its policy for determining C-130 part jurisdiction. I wish DDTC would do all the time.
And, I wish that either 1) I would not read the policy announcements so closely that I get confused; or 2) DDTC would publish policies that are easy to understand and do not create as many open questions as they answer.
In any case, here is what DDTC said its policy is:
- Airframe parts common to the C-130 (Models A-H) and the L-100 are subject to the jurisdiction of the US Munitions List (USML) if they have no current use on any other commercial aircraft.Note: DDTC said “airframe” components—does this mean the policy does not apply to aircraft components (e.g., fuel, hydraulic, etc.) that are not part of the airframe? I just don’t know, and I wish DDTC would have told us all the policy for all of the aircraft parts and components for the C-130.
- The change in jurisdiction applies only to the airframe parts and components common to the C-130 and L-100. DDTC “is not asserting jurisdiction over the L- 100 aircraft. Any systems employed on the L-100 that are specifically designed, modified, configured, or adapted for a military application remain subject to the [USML].”
- The jurisdiction policy does not apply to the parts and components for the C-130J model, “as this aircraft differs from preceding models of the C-130 so as to be considered a separate military aircraft. All C-130J parts and components are ITAR-controlled.”Note, again: I guess this means rivets and nuts and bolts destined to the C-130J are on the USML because DTC said, “All C-130J parts and components are ITAR controlled.”
Remember, DDTC said this policy will enter into force 90 days after it puts it in a Federal Register notice. But don’t think you really have a grace period. DDTC said, “Until the publication of this notice, exporters can complete existing transactions under existing authorizations, but should apply to DDTC for the proper export approval for new or subsequent shipments.” OK, who knows what that really means? It says apply to DDTC for export approval for new or subsequent shipments but you can complete existing transactions under existing authorizations. Does that mean you may export as NLR? If I ship something tomorrow, is that a new shipment—I would think a shipment I have not made yet usually would be a new shipment.
So, to me, the safe approach is to start getting State licenses for items that the new policy puts on the USML—that means, starting today. Or at least starting the day you figure out what it means.
