29 March 2006


[Federal Register: March 29, 2006 (Volume 71, Number 60)]
[Page 15797]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



[Public Notice 5354]

Bureau of Political-Military Affairs: Export of Lethal Defense 
Articles/Defense Services to Indonesia

AGENCY: Department of State.

ACTION: Notice.


SUMMARY: Notice is hereby given that requests for the export or 
retransfer of lethal defense articles to Indonesia (and defense 
services related to such lethal defense articles) pursuant to section 
38 of the Arms Export Control Act will be considered on a case-by-case 

DATES: Effective Date: March 29, 2006.

FOR FURTHER INFORMATION CONTACT: Mr. James Juraska, Office of Defense 
Trade Controls Policy, Department of State, Telephone (202) 663-22860 
or Fax (202) 261-8199.

SUPPLEMENTARY INFORMATION: It is the policy of the U.S. Government, 
effective as of March 17, 2006, to consider on a case-by-case basis 
applications for the export of lethal defense articles and related 
defense services to Indonesia. Section 599F(b) of the FY 2006 Foreign 
Operations, Export Financing and Related Programs Appropriations Act 
allows for the issuance of licenses for the export of lethal defense 
articles for the Indonesian Armed Forces should the Secretary of State 
waive, as being in the national security interest of the United States, 
legislative requirements for certification of certain conditions 
pertaining to Indonesia. Such a waiver was signed on November 16, 2005. 
The Department has also determined that it shall be U.S. Government 
policy to consider on a case-by-case basis applications for the export 
of lethal defense articles and related defense services to Indonesia.
    Previously, Federal Register Notices were published on October 14, 
1999 (64 FR 55805), January 25, 2001 (66 FR 7836), and March 22, 2001 
(66 FR 16085), that set forth a policy of denial for new export 
requests for Indonesia and suspended all licenses and approvals to 
export or otherwise transfer defense articles and defense services to 
Indonesia, except for certain exports related to commercial 
communication satellites and Y2K compliance activities that were not 
for the Indonesian military; permitted review, on a case-by-case basis, 
of requests for the export of C-130 spare parts to Indonesia, including 
for the Government of Indonesia; and, expanded the review, on a case-
by-case basis, to defense articles/defense services exported to 
Indonesia for ultimate end-use by a third-country, respectively.
    Further changes to the export policy toward Indonesia were 
reflected in a Federal Register Notice published on December 18, 2001 
(66 FR 65235) that expanded the categories of defense articles/defense 
services eligible for consideration for export/transfer to Indonesia, 
on a case-by-case basis, to include: (a) Non-lethal defense articles 
and spare parts; and (b) non-lethal, safety-of-use spare parts for 
lethal end-items. For purposes of that Notice, ``non-lethal defense 
articles'' meant an item not a weapon, ammunition, or other equipment 
or material designed to inflict serious bodily harm or death (see, 
e.g., 10 U.S.C. 2557). Examples of safety-of-use items were cartridge 
actuated devices, propellant actuated devices, and technical manuals 
for military aircraft for purposes of enhancing the safety of the 
aircraft crew. No distinction was made between Indonesia's existing and 
new inventory.
    This Notice expands what may be authorized for export to Indonesia 
to include lethal defense articles controlled on the U.S. Munitions 
List, as well as defense services related to the export of such lethal 
defense articles. Applications for such exports will be considered on a 
case-by-case basis in accordance with standard practice.
    This action is taken pursuant to Sections 38 and 42 of the Arms 
Export Control Act (22 U.S.C. 2778, 2791) and Sec.  126.7 of the ITAR 
in furtherance of the foreign policy of the United States.

    Dated: March 22, 2006.
Gregory M. Suchan,
Acting Assistant Secretary, Bureau of Political Military Affairs, 
Department of State.
[FR Doc. E6-4555 Filed 3-28-06; 8:45 am]