International Law Advisory - DDTC Implementation of UN's Arms Embargo of Lebanon

On August 11, 2006, the United Nations Security Council voted unanimously to impose an embargo on the export of arms and related material, as well as defense services, to Lebanon. The resolution establishing the embargo (UNSCR 1701) enjoins all states to “take the necessary measures to prevent, by their nationals or from their territories or using their flag vessels or aircraft: (a) the sale or supply to any entity or individual in Lebanon of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, whether or not originating in their territories; and (b) the provision to any entity or individual in Lebanon of any technical training or assistance related to the provision, manufacture, maintenance or use of [such] items.” The resolution establishes that “these prohibitions shall not apply to arms, related material, training or assistance authorized by the Government of Lebanon or by UNIFIL [United Nations Interim Force in Lebanon].”

As a consequence, DDTC recently posted a notice informing U.S. exporters that, effective August 11, 2006, no application for the export to Lebanon of defense articles or services covered by the International Traffic in Arms Regulations (ITAR) will be approved except as provided for in UNSCR 1701. Moreover, DDTC’s notice also stated that existing licenses or authorizations for the export to Lebanon of ITAR-controlled defense articles or services are suspended unless the end-user is the Government of Lebanon or UNIFIL.  Moreover, the notice informed holders of other existing licenses or authorizations, including exemptions, that they must submit documentation for review by DDTC supporting the authorization of the transaction by the Government of Lebanon or UNIFIL.  Finally, DDTC’s notice stated that exceptions to the policy of denial will be made on a case-by-case basis, in accordance with the ITAR, to determine whether they conform to UNSCR 1701.

DDTC also plans to issue a formal acknowledgement of the arms embargo against Lebanon, along with an amendment to Section 126.1 of the ITAR to reflect the fact of the embargo, in the Federal Register shortly.

Should you have any questions regarding export control issues relating to Lebanon, please contact Ed Krauland at (202) 429-8083 or Andy Irwin at (202) 429-8177.