As you can clearly see by the ML11.a.c section of the �The Wassenaar
Arrangement On Export Controls For Conventional Arms and Dual-Use Goods
and Technologies� or merely �Wassenaar Arrangement� the United States is
obligated though the PM/DDTC office within the U.S. State Department to
administer a �dual use� licensing program. This office is thus
responsible for the regulation, licensing, enforcement, and control of
any such devices, equipment, good, information, or training related to
these subject matters.
The Participating States of the Wassenaar Arrangement are: Argentina,
Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Czech Republic,
Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland,
Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Netherlands, New
Zealand, Norway, Poland, Portugal, Republic of Korea, Romania, Russian
Federation, Slovakia, Slovenia, South Africa, Spain, Sweden,
Switzerland, Turkey, Ukraine, United Kingdom and United States.
Representatives of Participating States meet regularly in Vienna where
the Wassenaar Arrangement's Secretariat is located.
The Wassenaar Arrangement has been established in order to contribute to
regional and international security and stability, by promoting
transparency and greater responsibility in transfers of conventional
arms and dual-use goods and technologies, thus preventing destabilizing
accumulations. Participating States seek, through their national
policies, to ensure that transfers of these items do not contribute to
the development or enhancement of military capabilities which undermine
these goals, and are not diverted to support such capabilities.
The decision to transfer or deny transfer of any item is the sole
responsibility of each Participating State. All measures with respect to
the Arrangement are taken in accordance with national legislation and
policies and are implemented on the basis of national discretion and laws.
In the case of the Wassenaar Arrangement, the U.S. Statute which
enforces it is �Title 22--Foreign Relations, Chapter I - Department Of
State, Part 121 - The United States Munitions List.� [CITE: 22 CFR
121.1] All other U.S. laws on the exportation of these dual-use items
then derives from 22 CFR 121.1.
As part of the Wassenaar Arrangement, there is also a �List Of Dual-Use
Goods and Technologies and Munitions List� from which the United States
Munitions List is thus derived.
See EXHIBIT X, Page 177 of WA 10 29 201
http://www.wassenaar.org/controllists/2010/WA-LIST%20%2810%29%201%20Corr/WA-LIST%20%2810%29%201%20Corr.pdf
Under the Wassenaar Arrangement, �Munitions List� ML11.
ML11. Electronic equipment, not specified elsewhere on the Munitions
List, as follows, and specially designed components therefor:
a. Electronic equipment specially designed for military use;
Note ML11.a. includes:
a. Electronic countermeasure and electronic counter-countermeasure
equipment (i.e., equipment designed to introduce extraneous or erroneous
signals into radar or radio communication receivers or otherwise hinder
the reception, operation or effectiveness of adversary electronic
receivers including their countermeasure equipment), including jamming
and counter-jamming equipment;
b. Frequency agile tubes;
c. Electronic systems or equipment, designed either for surveillance and
monitoring of the electro-magnetic spectrum for military intelligence or
security purposes or for counteracting such surveillance and monitoring;
d. Underwater countermeasures, including acoustic and magnetic jamming
and decoy, equipment designed to introduce extraneous or erroneous
signals into sonar receivers;
e. Data processing security equipment, data security equipment and
transmission and signaling line security equipment, using ciphering
processes;
f. Identification, authentication and keyloader equipment and key
management, manufacturing and distribution equipment;
g. Guidance and navigation equipment;
h. Digital troposcatter-radio communications transmission equipment;
i. Digital demodulators specially designed for signals intelligence;
j. "Automated Command and Control Systems".
N.B. For "software" associated with military "Software" Defined Radio
(SDR), see ML21.
b. Global Navigation Satellite Systems (GNSS) jamming equipment.
As a result, any improper exportation or importation of �Electronic
systems or equipment, designed either for surveillance and monitoring of
the electro-magnetic spectrum for military intelligence or security
purposes or for counteracting such surveillance and monitoring;� is both
a violation of U.S. Law, and a violation of International Treaty which
makes a United States of America liable to sanctions for such
violations. Essentially, an improper export of this type of equipment is
a grave diplomatic violation. Thus, there is an intricate protocol to
facilitate such sales, services, goods, information, and training so as
not to offend this international treaty.
Please feel free to disseminate widely
--
James M. Atkinson
President, Scientist and Sr. Engineer
"Leonardo da Vinci of Bug Sweeps and Spy Hunting"
Granite Island Group
jm...@tscm.com
http://www.tscm.com/
(978) 546-3803