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Cablegate: New Controls On Non-Listed Military End-Use Items

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DE RUEHKO #2462/01 2530345
ZNR UUUUU ZZH
R 090345Z SEP 08
FM AMEMBASSY TOKYO
TO RUEHC/SECSTATE WASHDC 7109
INFO RUCPDOC/USDOC WASHDC
RUEHFK/AMCONSUL FUKUOKA 9770
RUEHNAG/AMCONSUL NAGOYA 7888
RUEHNH/AMCONSUL NAHA 2134
RUEHOK/AMCONSUL OSAKA KOBE 3511
RUEHKSO/AMCONSUL SAPPORO 0349

UNCLAS SECTION 01 OF 03 TOKYO 002462

SIPDIS

STATE FOR EAP/J

E.O. 12958: N/A
TAGS: ETTC ETRD KOMC JA
SUBJECT: New Controls on Non-Listed Military End-Use Items

1. In response to Post inquiries about press reports concerning
possible expansion in Japan's Export Control laws, Ministry of
Economy, Trade and Industry, Export Controls Deputy Director Atsushi
Tanizawa presented the following nonpaper in English to EconOff on
September 8.

Begin Text:

Background

Two Cabinet Orders regarding security export control were revised on
27th of August 2008 in order to improve control on non-listed items
for military end-use. Japan has broadened its target of control on
non-listed items to cover not only export for weapons of mass
destruction (WMD) and its means of delivery but also for
conventional weapons.

Japan has been implementing WMD catch-all control since 2002 which
requires exporters to apply for export license in case where the
items in question are not on control lists but are or may be
intended for a WMD proliferation program.

The revision is based on the Final Report of the Industrial
Structure Council which was published in March 2008. Taking into
account the Statement of Understanding on Control of Non-Listed
Dual-Use Items, which was adopted at the 2003 Wassenaar Arrangement
Plenary, the report suggested the Government of Japan to improve
control on non-listed items for military end-use. The revision
comes into effect on 1st of November 2008.

The New Control System

The Export Trade Control Order and the Foreign Exchange Order were
revised. These two Cabinet Orders are under the Foreign Exchange and
Foreign Trade Act.

The following is the new control, which depends on situation of
countries of destination in order to control the items efficiently
and effectively.

1. The New Catch-All Control on Countries under the UN Security
Council Arms Embargo With regard to the exports destined for
countries under the UN Security
Council arms embargo, all non-listed items (except food, timbers
etc.) are subject to the license requirement in case:

(1) exporters are informed by the Ministry of Economy, Trade and
Industry (METI) that the items in question are or may be intended
for a conventional military use, or
(2) it is obvious that those items in question are intended for a
conventional military use.
The Countries under the UNSC Arms Embargo (10 countries / regions)
Afghanistan, Democratic Republic of Congo, Cote d'Ivoire, Iraq,
Lebanon, Liberia, North Korea, Sierra Leone, Somalia, and Sudan.

2. The Countries Not under the UNSC Arms Embargo
With regard to the exports destined for countries not under the arms
embargo, 32 non-listed but sensitive items are subject to the
license requirement in case they are informed by METI that the items
in question are or may be intended for a conventional military use.

The control is not applied to exports destined for following 26
countries:
Argentina, Australia, Austria, Belgium, Canada, Czech Republic,
Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy,
Republic of Korea, Luxemburg, Netherlands, New Zealand, Norway,
Poland, Portugal,
Spain, Sweden, Switzerland, United Kingdom, and United States

32 Items Subject to the New Military End-Use Control
NOTE: The list is not the full translation of the legal text. End
Note.
1. Nickel or titanium alloys in block, stick, profile, line, plate
or pipe form rated for operation at an ambient temperature above 573
K (+300C).
2. Hydraulic fluids containing any of the following:
a. Phosphoric acid tricresyl ester (tricresyl phosphate);
b. Tris (dimethylphenyl) phosphate; or
c. Phosphoric acid trinormalbutyl ester.
3. Fibrous or filamentary materials as follows:
a. Organic fibrous or filamentary materials;
b. Carbon fibrous or filamentary materials; and
c. Inorganic fibrous or filamentary materials.
Note 3.a. does not apply to natural fibrous or filamentary materials
and polyethylene fibrous or filamentary materials.

TOKYO 00002462 002 OF 003


4. Anti-friction bearings rated for operation at an ambient
temperature above 573K (+300C) and specially designed components
therefore.
5. Machine tools and other equipments as follows and specially
designed components therefore.
a. Machine tools and any combination therefore, for removing (or
cutting) metals, ceramics or composites, which can be equipped with
electronic devices for numerical control having any of the
following:
1. Positioning accuracy with all compensations available less
(better) than 0.01 mm according to ISO 230/2 (1988) along any liner
axis; or
2. Rotary axes which can be coordinated simultaneously for
contouring control.
b. Non-numerically controlled machine tools for generating optical
quality surfaces; and
c. Dimensional inspection or measuring systems, equipment and
"electronic assemblies" having three or more axes.
Note Machine tools, which can be used as measuring machines, are
included if they meet or exceed the criteria specified for the
machine tool function or the measuring machine function.
6. Secondary cells in which a lithium ion moves between the anode
and cathode.
7. Waveform digitizers.
8. Robots specially designed for assembling printed circuit boards.
9. Digital computers having an Adjusted Peak Performance (APP)
exceeding
0.5 Weighted TeraFLOPS (WT) and specially designed components
therefore.
10. Telecommunication systems as follows and specially designed
components therefore:
a. Radio transmitters; and
b. Radio receivers.
11. Phased array antennae.
12. Jamming equipment specially designed or modified to interfere
with, deny, inhibit, degrade or seduce radio communication system
and specially designed components therefore.
13. Passive Coherent Location (PCL) systems or equipment specially
designed for detecting objects.
14. Optical detectors, cryocoolers specially designed for optical
detectors and specially designed components therefore, and imaging
equipment incorporating optical detectors.
15. Optical sensing fibers.
16. Lasers and specially designed components therefore.
17. Magnetometers, underwater electric field sensors, magnetic
gradiometers, intrinsic magnetic gradiometers, and specially
designed components therefore.
18. Gravity meters.
19. Rader systems, equipment and assemblies, and specially designed
components therefore.
20. Accelerometers and specially designed components therefore.
21. Gyros and specially designed components therefore.
22. Inertial Navigation systems (INS), inertial equipment and
specially designed components therefore.
23. Devices for navigation or avionics as follows:
a. Gyro-astro compasses and other devices which derive position or
orientation by means of automatically tracking celestial bodies or
satellites;
b. Global navigation satellite systems (i.e., GPS or GLONASS)
receiving equipment and specially designed components therefore;
and
c. Airborne altimeters.
24. Underwater vision systems as follows:
a. Television systems and television cameras;
b. Television systems specially designed or modified for remote
operation with a surface vessel or an underwater vehicle; and
c. Photographic still cameras and lightning equipment specially
designed or modified for under water use.
25. Air independent power systems as follows:
a. Brayton cycle engine air independent power systems;
b. Diesel cycle engine air independent systems;
c. Fuel cell air independent power systems; and
d. Stirling cycle power systems.
26. Self-contained open circuit diving and underwater swimming
apparatus.
27. Gas turbine engines and specially designed components
therefore.
28. Rocket propulsion systems and specially designed components
therefore.
29. Equipment specially designed for the production of equipment
specified
by 27. or 28. as follows and specially designed components
therefore.
a. Controlled atmosphere (vacuum or inert gas) induction furnaces;
and

TOKYO 00002462 003 OF 003


b. Electron beam melting furnaces.
30. Aircraft and components therefore.
31. Vibration equipment, wind-tunnels, environmental chambers and
specially designed components therefore, specially designed for the
development or test of rockets or aircraft.
32. Flash X-ray generators. Note 32 does not apply to flash X-ray
generators designed for medical purposes.

End Text

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