State Department Issues Final Rule on the Licensing Jurisdiction for Certain Quartz Rate Sensors
The State Department has issued a final rule, effective January 7, 2004, which amends the International Traffic in Arms Regulations (ITAR) to allow a change in jurisdiction for certain quartz rate sensors (QRS) from the State Department's U.S. Munitions List (USML) to the Commerce Department's Commerce Control List (CCL) in certain circumstances only.
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According to the State Department, based on a case-by-case review, it will review requests to determine if a QRS is eligible for removal from USML licensing jurisdiction. If the State Department so determines, it will then provide the exporter with written confirmation of this determination and the export of the QRS will be under the licensing jurisdiction of the Commerce Department. In all other cases, these items will continue to be covered by the USML and will be subject to State Department licensing.
ITAR Amended to Reflect Change in Licensing Jurisdiction for Certain QRS
The State Department's final rule amends the ITAR by adding a note to 22 CFR 121.1(e) which states that USML Category XII(d) or Category VIII(e) does not include certain QRS if:
they are integrated into and included as an integral part of a commercial standby instrument system for use on civil aircraft prior to export or exported solely for integration into such a commercial standby instrument system; and
the exporter has been informed in writing by the State Department that a specific QRS or QRS integrated into a commercial standby instrument system has been determined to be subject to the licensing jurisdiction of the Commerce Department.
According to the note, for controls in these circumstances, the CCL should be consulted. The note to 22 CFR 121.1(e) further states that in all other circumstances, QRS remain under State Department licensing jurisdiction under USML Category XII(d) or Category VIII(e) and subject to the controls of the ITAR.
The State Department's final rule also states that other factors that will be considered in making a licensing jurisdiction determination include: the extent to which QRS can be extracted without damage and used for a significant military application, the extent to which diversion of the QRS alone or in small quantities poses a threat to the national security or foreign policy interests of the U.S., and the scope of controls that would be applicable to the commercial system if licensing jurisdiction were transferred to Commerce Department.
- written comments will be accepted at any time
State Department contact - Ann Ganzer (202) 663-2700
State Department final rule (Public Notice 4581, FR Pub 01/07/04) available athttp://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-329.pdf