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Message-ID: <4E760264.7090608_at_tscm.com>
Date: Sun, 18 Sep 2011 10:38:28 -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: Re: [TSCM-L] {5640} Exportablity of *** All *** TSCM Gear
References: <4E7135E1.1030708_at_tscm.com> <1109150120250.13616_at_somehost.domainz.com>
In-Reply-To: <1109150120250.13616_at_somehost.domainz.com>
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The GNU Radio Projects are really valuable to TSCM and related
specialists, the frequency extenders can indeed raise the coverage way
into the microwave bands, and the heavier duty systems can grab huge
swatches of the spectrum, with extremely wideband widths.
The biggest problems with TSCM gear is that the initial development was
done with military money, and the military was the initial buyers of the
systems. Then everything that derives from such a systems, competing
products, expansions, extensions, updates, and upgrades all get covered
as derivatives of the original military systems.
For example the SuperScout was developed for the U.S. Military
initially, and hordes of them were sold to the U.S. Military and to U.S.
Intelligence agencies so NLJD's became a defacto military munition at
that point. The fact that they later got sold to private enterpises
meant nothing, as there were already legally defined as arms before that
point. The original design, intent, and purchasers defined what it was
used for. If we then jump foward in time by 40 years, the NLJD is still
considered a military munition by virtue of its initial design, and the
intent of the design, and the initial users and customers. It does not
matter what color it is, the shape of it, the power levels, what the
manufacture calls it, or the other things that it can be used for, it is
a defacto military arm, and it is restricted.
Some of the massively parallel software defined radios are quite
powerful, and then can resolve the slightest signal on the display, but
unless the person designing the system is extremely careful they will
run afoul of parameters that will offend the defense and intelligence
community, and once they do that every product they design, create,
manufacture, or build can get curses and branded a military munition.
Thomas Shaddack wrote:
> There's a question if it is worth the hassle buying from the US, when the
> gear of other proveniences is comparable.
>
> As the development progresses in the RF areas, new challenges for the
> bureaucrats are emerging fast; see for example the GNU Radio project:
> http://en.wikipedia.org/wiki/GNU_Radio
> http://en.wikipedia.org/wiki/Universal_Software_Radio_Peripheral
> And the rapidly emerging software-defined radio (SDR) platforms in
> general.
>
> The stock daughterboards for USRP are so far relatively lower-frequency
> (4.9-5.85GHz tops), however the open-source, fully documented nature of
> the platform allows designing of daughterboards with pretty much arbitrary
> frequency range. And some HAM radio people are already working on bands
> above 100 GHz so it is nothing outside the accessible range for mere
> mortals.
> (Then there are the parallel developments in the fields of open-source CNC
> machining and 3D printing, still in relative infancy but already pretty
> powerful in some prototypes, for repeatable manufacturing of the
> finicky mechanical parts of microwave electronics.)
>
> And the units can be parallelized.
>
> A number of TSCM gear can be potentially implemented on such platform,
> from a humble spectrum analyzer with fairly wide band to a NLJD to an
> automated RF sentry.
>
> Check also the OpenBTS project, implementing a GSM BTS station on that
> hardware. Just a small example of the current already-existing
> capabilities.
> http://openbts.sourceforge.net/
>
> That's just a glimpse of the current capabilities, and a mere hint of the
> future ones.
>
>
> There is a parallel in the world of computers; what used to be a
> supercomputer with heavily restricted exports is now placed into
> disposable children toys. The same is now happening in the world of RF.
>
> *Everything* is potentially dual-use in such context and the line between
> "legal" and "illegal" is blurred like never before - especially when the
> gear's functionality is software-defined and a box can be flashed on-site
> with a task-specific firmare while another, different-functionality,
> firmware can be used for transport or storage. Then the pet laws of the
> petty bureaucrats, and their power games, whether these useless eaters are
> perched in DC, Brussels, Moscow or Beijing, become effectively
> unenforceable.
>
> And that is good - because life is too short for wasting it with doing
> bloody paperwork.
>
> </rant>
>
>
>
> On Wed, 14 Sep 2011, James M. Atkinson wrote:
>
>
>> *** 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
>>
>>
>>
>
>
--
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
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The GNU Radio Projects are really valuable to TSCM and related
specialists, the frequency extendersďż˝ can indeed raise the coverage way
into the microwave bands, and the heavier duty systems can grab huge
swatches of the spectrum, with extremely wideband widths.<br>
<br>
The biggest problems with TSCM gear is thatďż˝ the initial development
was done with military money, and the military was the initial buyers
of the systems. Then everything that derives from such a systems,
competing products, expansions, extensions, updates, and upgrades all
get coveredďż˝ as derivatives of the original military systems.<br>
<br>
For example the SuperScout was developed for the U.S. Military
initially, and hordes of them were sold to the U.S. Military and to
U.S. Intelligence agencies so NLJD's became a defacto military munition
at that point. The fact that they later got sold to privateďż˝ enterpises
meant nothing, as there were already legally defined as arms before
that point. The original design, intent, and purchasers defined what it
was used for.ďż˝ If we then jump foward in time by 40 years, the NLJD is
still considered a military munition by virtue of its initial design,
and the intent of the design, and the initial users and customers.ďż˝ It
does not matter what color it is, the shape of it, the power levels,
what the manufacture calls it, or the other things that it can be used
for, it is a defacto military arm, and it is restricted.<br>
<br>
Some of the massively parallel software defined radios are quite
powerful, and then can resolve the slightest signal on the display, but
unless the person designing the system is extremely careful they will
run afoul of parameters that will offend the defense and intelligence
community, and once they do that every product they design, create,
manufacture, or build can get curses and branded a military munition. <br>
<br>
<br>
Thomas Shaddack wrote:
<blockquote cite="mid:1109150..._at_somehost.domainz.com"
type="cite">
<pre wrap="">There's a question if it is worth the hassle buying from the US, when the
gear of other proveniences is comparable.
As the development progresses in the RF areas, new challenges for the
bureaucrats are emerging fast; see for example the GNU Radio project:
<a class="moz-txt-link-freetext" href="http://en.wikipedia.org/wiki/GNU_Radio">http://en.wikipedia.org/wiki/GNU_Radio</a>
<a class="moz-txt-link-freetext" href="http://en.wikipedia.org/wiki/Universal_Software_Radio_Peripheral">http://en.wikipedia.org/wiki/Universal_Software_Radio_Peripheral</a>
And the rapidly emerging software-defined radio (SDR) platforms in
general.
The stock daughterboards for USRP are so far relatively lower-frequency
(4.9-5.85GHz tops), however the open-source, fully documented nature of
the platform allows designing of daughterboards with pretty much arbitrary
frequency range. And some HAM radio people are already working on bands
above 100 GHz so it is nothing outside the accessible range for mere
mortals.
(Then there are the parallel developments in the fields of open-source CNC
machining and 3D printing, still in relative infancy but already pretty
powerful in some prototypes, for repeatable manufacturing of the
finicky mechanical parts of microwave electronics.)
And the units can be parallelized.
A number of TSCM gear can be potentially implemented on such platform,
from a humble spectrum analyzer with fairly wide band to a NLJD to an
automated RF sentry.
Check also the OpenBTS project, implementing a GSM BTS station on that
hardware. Just a small example of the current already-existing
capabilities.
<a class="moz-txt-link-freetext" href="http://openbts.sourceforge.net/">http://openbts.sourceforge.net/</a>
That's just a glimpse of the current capabilities, and a mere hint of the
future ones.
There is a parallel in the world of computers; what used to be a
supercomputer with heavily restricted exports is now placed into
disposable children toys. The same is now happening in the world of RF.
*Everything* is potentially dual-use in such context and the line between
"legal" and "illegal" is blurred like never before - especially when the
gear's functionality is software-defined and a box can be flashed on-site
with a task-specific firmare while another, different-functionality,
firmware can be used for transport or storage. Then the pet laws of the
petty bureaucrats, and their power games, whether these useless eaters are
perched in DC, Brussels, Moscow or Beijing, become effectively
unenforceable.
And that is good - because life is too short for wasting it with doing
bloody paperwork.
</rant>
On Wed, 14 Sep 2011, James M. Atkinson wrote:
</pre>
<blockquote type="cite">
<pre wrap="">*** 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
<a class="moz-txt-link-abbreviated" href="mailto:jm..._at_tscm.com">jm..._at_tscm.com</a>
<a class="moz-txt-link-freetext" href="http://www.tscm.com/">http://www.tscm.com/</a>
(978) 546-3803
</pre>
</blockquote>
<pre wrap=""><!---->
</pre>
</blockquote>
<br>
<pre class="moz-signature" cols="80">--
James M. Atkinson
President and Sr. Engineer
"Leonardo da Vinci of Bug Sweeps and Spy Hunting"
Granite Island Group
<a class="moz-txt-link-abbreviated" href="mailto:jm..._at_tscm.com">jm..._at_tscm.com</a>
<a class="moz-txt-link-freetext" href="http://www.tscm.com/">http://www.tscm.com/</a>
(978) 546-3803
</pre>
</body>
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Received on Sat Mar 02 2024 - 00:57:23 CST