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Message-ID: <4E9877F2.1040904_at_tscm.com>
Date: Fri, 14 Oct 2011 13:57:06 -0400
From: "James M. Atkinson" <jm..._at_tscm.com>
Reply-To: jm..._at_tscm.com
Organization: Granite Island Group
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To: tscm-l2006_at_googlegroups.com
Subject: Issues with Exporting and Licensing TSCM Equipment, Related Goods,
Training
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As you may be aware, international treaty requires that permission be
obtained though diplomatic channels for the purchase of any goods of
this nature as they are considered the be "dual-use" military arms, but
virtue of them being military electronics, or equipment designed of
modified to detect eavesdropping devices and thus any purchase must my
law involve a formal license procedure. The U.S. law that covers this
if ITAR 121.1 XI(b), and other nations have similar laws.
Please note, that under U.S. Law, any piece of tool or equipment or book
or check list or guide or anything else that is used for TSCM is
considered, without exception to be a ITAR 121.1 XI(b) piece of
"Military Electronics" or "Defense Information" by virtue that is is
described by law as equipment used to detect or counter surveillance.
There is no problem owning it, or buying or selling it to U.S. citizens,
but there is a very specific procedure that you must follow in order to
export or import it, and it does not matter who the exporter is, or who
the importer is, it still has to be handled the same way if it is going
to any place other than a U.S. address.
The process is initiated by the actual end user contacting the local
U.S. Embassy in their country and informing the U.S. State Department of
their intension to purchase an item, and then if there is a broker or
middleman in the transaction in their country who will actually be
importing they goods, then that person has to go to the U.S. State
Department as well (at the local U.S. Embassy) and be cleared as well.
This involves registering with the U.S. Embassy and giving them an
interview and sometimes that will want to visit the location where the
goods will be used. This inspection is supposed to take "under 30 days"
but it is more common for it to take longer, and it can run into several
months. Someone I spoke to at the U.S. State Department explained to be
that they "try to get these gone in under 30 days, but it often takes
months"
Then, once they approve of who the end-user will be (this is called a
"pre-license" approval) then the purchaser will place the order, funds
will be provided, and and an end-user letter will be provided (from the
actual end user), and this will be submitted from the manufacture or
exporter on the goods on the U.S. side of the transaction to obtain the
actual license to make the export. This also is supposed to take "under
30 days" but a review of recent statistics published by the U.S. State
Department is showing a delay of between 70 and 150+ days on approvals
of this type of equipment, in addition to the delays for the
pre-approvals. However, most of these longer delays are because the end
user letter or certificate is bogus, or does not contain the names and
addresses that should, of the client told the U.S. State Department they
were seeking one product model, and then issued the end user letter for
a different model or quality, which snarls everything up. Or the
original transaction got approved, as a direct sale, and then at the
last minute some middle man popped up who was previously not involved
which created an un-need delay.
I would recommend that you plan on a delay of a good solid 90 days to
get the pre-approvals taken care of before you attempt to place the
order, and then play on perhaps 45 to 90 days to get the actual license
issued once the end-user letter/certificate is proved with the order,
and a week or two for the shipment to arrive after it is released.
Unless you are playing games, once the end-user letter is provided the
shipment should be cleared by the State Department within 30 days, and
the good in the clients hands a few weeks after that, so that the
transaction if completed inside the customary 45 day window. But if the
end user letter is bogus, or it does not match up with the pre-license
data that can tale well beyond this time.
Once the goods are in the hands of the actual end user, and they may be
randomly selected for an second inspection by the U.S. State Department
to ensure that they still have the goods in their possession, that they
are using them the way they originally represented them to the U.S.
State Department, and that the goods are unmodified, and so on. If this
inspection fails, or irregularities are found the end-user and buyer
will be blacklisted against any future exports from the United States.
Legally obtaining these kinds of goods is a complex matter, and you risk
violating very strict international treaties if the acquisition,
possession, and use is not properly handled. Indeed, there can be
severe diplomatic repercussions if the U.S. State Department does not
have the proper controls in place to manage this stuff crossing U.S.
borders.
I recommend that customers plan on a 9 month acquisition cycle from the
time that initial contact with the "Regional Security Officer" at the
State Department, and the good actually being delivered to them after
the actual license is issued. If this is a repeat order, for the same
customer, for the same use, obtain though the same channel this approval
cycle can be reduced down to under 30 days in some cases, but this is
not common.
This varies somewhat on a county by country basis as well, so while a
shipment from the U.S. to Canada or England may take much less time, a
shipment to a different country will take significantly more time for
government approvals, especially if diplomatic efforts are tense or
fragile in that particular country.
If it is your own equipment, and you are a U.S. Citizen, you must get
permission to take it out of the country, then then get permission to
return with it, FROM THE U.S. STATE DEPARTMENT, and have a copy of the
license in your possession, and a copy of the license with each piece of
gear.
Also, after some research, and some discussion with the folks at the
U.S. State Department, there is another matter that has been noted that
should concern list members. The U.S. State Department is forbidden to
approved ant TSCM gear, books, manual, tools, or related items to or
from China, hence since they can not approve it, the only way that it
can get import or exported is though a license issued (drum-roll please)
directly form the President of the United States. yes, that is right,
only the President himself can issue such a license. Hence, all of the
little big detectors made in China and Hong Kong that you see on
E-Bay... well they are very illegal. Plus the companies in the United
States who make TSCM gear and who have been pumping it into China for
years have not been doign so legally (even though they have been telling
people that the exports were legal). If there is no signature of the
PRESIDENT OF THE UNITED STATES on the licensee, for each item, and each
shipment, going either way, then it is a case of (I kid you not)
"illegal arms smuggling."
Please use great caution when moving any of this equipment across
international borders for any reason. There is a right way to more the
stuff, and a wrong way to more the stuff. Please make sure that you are
doing it the right way, and abide by ITAR 121.1 XI(b) and other relevant
laws when handling this stuff.
I have been a real hard-ass about these shipment for years, and I am
getting really sick and tired of people playing fast and loose with the
exports of this type of equipment. It take weeks, and months to get
these exports legitimately approved, not hours, and not days, so plan
appropiately.
Of course, if you are a U.S. Citizen, on U.S. Soil then you have no
problem and you can have your stuff in just a couple of days, not so if
you are outside of the United States, or not a U.S. Citizen.
-jma
--
James M. Atkinson
President and Sr. Engineer
"Leonardo da Vinci of Bug Sweeps and Spy Hunting"
Granite Island Group
jm..._at_tscm.com
http://www.tscm.com/
(978) 546-3803
Received on Sat Mar 02 2024 - 00:57:21 CST