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Updated Guidelines on Defense Exports to Libya

Tuesday, May 14, 2013
Sandler, Travis & Rosenberg Trade Report

The State Department’s Directorate of Defense Trade Controls published on its Web site May 10 updated guidelines on direct commercial sales of defense articles and services to Libya. These changes reflect a recent modification of the United Nations arms embargo against Libya, which no longer applies to the sale, supply or transfer to Libya of the following.

- arms and related materiel intended solely for security or disarmament assistance to the Libyan government, notified to the Committee of the Security Council concerning Libya in advance and in the absence of a negative decision by the committee within five working days of such a notification

- non-lethal military equipment when intended solely for security or disarmament assistance to the Libyan government

- any technical assistance or training when intended solely for security or disarmament assistance to the Libyan government

- small arms, light weapons and related materiel temporarily exported to Libya for the sole use of UN personnel, representatives of the media, and humanitarian and development workers and associated personnel, notified to the Committee of the Security Council concerning Libya in advance and in the absence of a negative decision by the committee within five working days of such a notification

- non-lethal military equipment intended solely for humanitarian or protective use, as well as related technical assistance or training

- other sales or supply of arms and related materiel, or provision of assistance or personnel, as approved in advance by the Committee of the Security Council concerning Libya

DDTC notes that license applications submitted pursuant to these exceptions must provide specific justification on how the proposed export meets the exception criteria. Applicants are advised to provide detail on the intended end-users, especially in the case of lethal equipment and training for ground forces. License applications with insufficient supporting documentation may be returned without action. For approved sales that require UNSC notification, the U.S. government will notify the proposed sale on behalf of the exporter using the justification provided in the license application.

Applicants are also reminded of the requirements in ITAR §126.1(e), which include obtaining DDTC’s prior written approval before any proposals or presentations for the sale of defense articles or provision of defense services may be made to Libya. This may be satisfied by a general correspondence/letter request or DSP-5 marketing license.

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