>From - Sat Mar 02 00:57:23 2024
Received: by 10.100.103.11 with SMTP id a11mr349969anc.46.1316042224752;
Wed, 14 Sep 2011 16:17:04 -0700 (PDT)
X-BeenThere: tscm-l2006_at_googlegroups.com
Received: by 10.91.102.4 with SMTP id e4ls3050425agm.5.gmail; Wed, 14 Sep 2011
16:16:59 -0700 (PDT)
Received: by 10.236.191.136 with SMTP id g8mr2190575yhn.4.1316042219882;
Wed, 14 Sep 2011 16:16:59 -0700 (PDT)
Received: by 10.236.191.136 with SMTP id g8mr2190571yhn.4.1316042219871;
Wed, 14 Sep 2011 16:16:59 -0700 (PDT)
Return-Path: <jm..._at_tscm.com>
Received: from smtpauth02.mfg.siteprotect.com (smtpauth02.mfg.siteprotect.com. [64.26.60.136])
by gmr-mx.google.com with ESMTP id u21si452779ybu.0.2011.09.14.16.16.59;
Wed, 14 Sep 2011 16:16:59 -0700 (PDT)
Received-SPF: neutral (google.com: 64.26.60.136 is neither permitted nor denied by best guess record for domain of jm..._at_tscm.com) client-ip=64.26.60.136;
Authentication-Results: gmr-mx.google.com; spf=neutral (google.com: 64.26.60.136 is neither permitted nor denied by best guess record for domain of jm..._at_tscm.com) smtp.mail=jm..._at_tscm.com
Received: from Waiting-For-A-Blue-Bird.local (unknown [71.174.21.75])
(Authenticated sender: jm..._at_tscm.com)
by smtpauth02.mfg.siteprotect.com (Postfix) with ESMTPA id 29295E38056
for <tscm-..._at_googlegroups.com>; Wed, 14 Sep 2011 18:37:09 -0500 (CDT)
Message-ID: <4E7135E1.1030708_at_tscm.com>
Date: Wed, 14 Sep 2011 19:16:49 -0400
From: "James M. Atkinson" <jm..._at_tscm.com>
Reply-To: jm..._at_tscm.com
Organization: Granite Island Group
User-Agent: Thunderbird 3.0a1pre (Macintosh/2008022015)
MIME-Version: 1.0
To: tscm-l2006_at_googlegroups.com
Subject: Exportablity of *** All *** TSCM Gear
Content-Type: text/plain; charset=windows-1252; format=flowed
Content-Transfer-Encoding: 8bit
*** All TSCM equipment *** is Dual-use Munitions List Items (MIL), or
Commerce Controlled List Items (CCLI). MLI/CCLI items are highly
controlled by the U. S. Government, and can not be transferred,
(exported, sold, or given), to a foreign country, a non-U. S. Citizen or
National, or a non-permanent U. S. Citizen, without a valid State and/or
Commerce Department Export authorization that is issued in advance, and
issues forth from the Department of Defense and the U.S. Intelligence
Community.
Some equipment (or end users) even requires an authorization by the
President of the United States, and not even the DoS, DoC, DoD or CIA
can override this requirement.
It is the responsibility manufacture and of the end-user or purchaser,
to comply with applicable requirements, and to obtain all necessary
authorizations, licenses, or approvals to facilitate export, transport,
possession, or acquisition.
The use, disposition, export, import, or re-export of these items are
subject to the provisions of law referencing written End-User
Certification. Including, but not limited to, the Arms Export Control
Act. (22 USC 2751 et seq); Export Administration Act 1979 ( 50 USC App.
2041 et seq ); as contained under Executive Order 12924; International
Traffic in Arms Regulations (22 CFR 120 et seq); Export Administration
Regulations (15 CFR 730 et seq); Foreign Assets Control Regulations (31
CFR 500 et seq); and the Espionage Act (18 USC 793 et seq), the
Wassenaar Arrangement, and other treaties and laws.
Also all TSCM, TEMPEST, and related equipment without exception is all
covered by The United States Munitions List under ITAR 121.1, Category
XI(b) as Military and Space Electronics, as �electronic systems or
equipment designed or modified to counteract electronic surveillance or
monitoring.�
Most TSCM equipment is also considered a Tier 1 defense article, but
some more simplistic device may qualify only as Tier 2 devices on the
USML. Further, most TSCM equipment also qualifies as ECCN 5A001.e and
5A001 equipment and is also subject to the export licensing authority of
the Department of State, Directorate of Defense Trade Controls (22 CFR
part 121).
By treaty, most nations have laws that parallel these U.S. Laws, so it
is extremely difficult to legitimately get this equipment across the
borders of any country, and if you get caught with it, and you can not
prove that you obtained in it very specific legitimate ways you could be
in for a very awkward situation, but perhaps not right away, but
eventually.
Even if you are a U.S. Citizen and the equipment belongs to you and you
are merely importing and importing it for you own use, you risk a
forfeiture and seizure of all of your equipment that you are traveling
with unless your paperwork is perfect.
Companies that manufacture TSCM and related equipment often can not make
a profit merely selling the equipment legitimately in their own country
and they will often play games about the exportability of the gear, or
will falsify export paperwork in order to make an illegal sale (do not
be taken for a fool). Generally you should not trust what you are told
by the company who actually makes the gear, but instead seek the counsel
of someone who actually works with a wide range of equipment across a
range of companies and nations who can actually explain it in an
unbiased way.
As any approval for a transaction takes many weeks, and often months it
is important to plan for notable delays, and not to wait until the very
last minute to obtain needed gear. It is wisest for the actual end user
to contact the U.S. Embassy in the country where the goods will
ultimately be used, go through the interview with them, initiate the end
user approval process, and get approvals for the transaction six, eight,
or even ten months in advance of the anticipated purchase from a
cold-start, so these pre-approvals are vital as they can usually reduce
this approval time to under 45 days (unless the customer is playing games).
Please call us if you have any questions, but generally, we will deal
only with the actual end-user of the equipment, and will not deal with
middle-men or brokers.
-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 - 00:57:23 CST