you missed the question,
for the benefit of those who would take the chance for say an extra $200
plus shipping,
(those with under developed or generally poor judgment).
How much time, how much in fines, for the crime.
We agree entirely on keeping it out of the hands of foreign aggressors.
Rikk
-----Original Message-----
From: Rayfield, Robert S Jr Mr DUSA-IA/ANTEON
[mailto:RayfieldRS@hqda.army.mil]
Sent: Friday, September 29, 2000 8:46 AM
To: 'Rikk Rogers'
Subject: RE: [MV] UNCLAS//12-6A//EXPORT OF GEN III NV DEVICES
Rikk,
1. If caught smuggling gear out of the U.S., it results in booking,
prosecution in federal court and jail if convicted. They are prosecuted to
the fullest extent of the law, and are treated like gun-runners.
2. DoS has a compliance division, and they work closely with U.S. Customs,
BATF and Dept of the Treasury, and Secret Service. Licenses for certain
categories of significant military equipment (SME) or major defense
equipment (MDE) as defined by law and included in the 21 categories of the
International Traffic and Arms Regulations (ITAR) are passed to those
agencies; those agencies have their field agents out looking for people with
that gear that do not have licenses. They go through warehouses of frieght
forwarders, UPS, FedEx and the USPS; they are at airports and marine
terminals with their detection gear looking for unlicensed equipment.
3. We take the export of this equipment w/o license very seriously. If we
go to war, we want to know what is out there and what our troops are going
to face so we can either defeat it, dev countermeasures for it to lessen the
probable casualties of what we are embarking on, should we have to deploy
troops to clean up another mess made by our esteemed colleagues in the
diplomatic community.
4. I hope I haven't sounded condescending or like a horse's ass, I just
believe that some laws are passed for the good of the country, some are just
bs passed by politicians as feel- good fluff laws. I believe that these
(ITAR-related) are good laws for the protection of militarily critical
technologies to maintain our technological lead and military supremacy for
the good of America. People don't usually mess with the baddest dog on the
block..as long as America is the baddest dog under the block, and our teeth
are not rotten, we will be able to sit in the shade as a country and will
further flourish economically and domestically; when those that would
consider us not having the ability to bite if provoked or trespassed upon,
we will be constantly barking to prove we can bite when we can't or won't.
America has been doing alot of barking right now. That is why Saddam
Hussein is still in power and why China keeps blustering about Taiwan.
R
-----Original Message-----
From: Rikk Rogers [mailto:rkltd@fullnet.net]
Sent: Thursday, September 28, 2000 4:53 PM
To: mil-veh@mil-veh.org
Subject: Re: [MV] UNCLAS//12-6A//EXPORT OF GEN III NV DEVICES
Robert,
your "LOOK FOR" statement seems to stand on its own in your last paragraph,
but just foe the sake of general info, what happens if you are caught trying
to smuggle NV equipment out of the country?
-----Original Message-----
From: Military Vehicles Mailing List [mailto:mil-veh@mil-veh.org]On
Behalf Of Rayfield, Robert S Jr Mr DUSA-IA/ANTEON
Sent: Thursday, September 28, 2000 2:53 PM
To: Military Vehicles Mailing List
Subject: [MV] UNCLAS//12-6A//EXPORT OF GEN III NV DEVICES
Ref: MV thread [MV]NVG
1. If someone from outside the country (like someone in NEW ZEALAND) buys
any NV gear that uses Gen III image intensifier tubes (18mm or 25mm), the
company selling them (ITT, Raytheon, etc.) will have their export
administrator submit a Dept of State form DSP-5 (unclas perm export of
hardware) for Cat XII (c) munitions with appropriate tech data sheets and
certified end-user certificates IAW the International Traffic and Arms
Regulations as contained in 22 CFR 120-130.
2. When it is submitted to DoS' Office of Defense Trade Controls, it will
languish for about 30 days and then be staffed to the Defense Threat
Reduction Agency (DTRA) which is part of DoD which will turn it around in
about two to three weeks. DTRA will in turn staff it to the military
department chaged with developing NV technologies for land warfare - the
Dept of the Army. It will arrive at the U.S. Army Security Assistance
Command who will then staff it to the Army's night vision lab where it will
be receive a technical evaluation of it's
a. figure of merit (FOM)[incl line pairs per mm]
b. modular transfer function
c. signal-to-noise ratio indicating that it is a Super-Gen II or
Gen III
3. If the stated purpose of the export is for individual civilian use, a
recommendation of "DENIAL" or "OBJECTION" will be forwarded back up the
chain of command to USASAC which will in turn forward it to the Office of
the Deputy Under Secretary of the Army for International Affairs (DUSA-IA).
There it will come across my desk, and as one of the six thousand secondary
and collateral things I do during the day, it will be given an endorsement
concuring with NV labs and USASAC in denying its export because it does not
comply with the criteria contained in the DoD inst, Army policy and military
intelligence assessments on the export of such Cat XII (c) devices in that
a. It is not in support of national security objectives
b. It is not in support of a regional CINC's OPLAN
c. It is not for use by MoD of nation where recipient lives
d. It will not be afforded the same security as the Army requires
of such devices because it will be used by a civilian who has no armory, nor
is accountable because he is not part of the recipient country's MoD with
the appropriate security agreements and certified end-use certificate
e. It will not be in support of MDE/SME sold via FMS to recipient
country
f. There will be no benefit to the USG in transfering this hardware
to this individual; i.e., the transfer will not benefit the USG in
equivalent transfer of hardware or information in return
g. There is no DSP-83 end-use and non-transfer assurance
certificate on file
h. There is no humanitarian factor to consider
i. There is no inter-operability requirements to consider
j. There is nothing for the JCS(J-5) to validate
4. I will then forward the DENIAL back to USASAC where it will be entered
in a data base with an electronic submission to DTRA, which will in turn
forward it back to ODTC, DoS where it will languish for another 30 days
before it is returned to the manufacturer of the product with a DENIAL.
5. As someone noted, U.S. citizens can buy such devices in the continental
US from the manufacturer direct, off of their web site or from the back SOF
magazine, but they can not take them out with out an export license
(permanent, DSP-5; temporary, DSP-85). Should you do that, the specs
between commercial grade and those for the U.S. military are different, even
if both are Gen III with respect to line pairs per mm, figure of merit and
signal-to-noise ratio. There is Gen III and there is Gen III. Upon leaving
the country at an international gateway, U.S. Customs is there l o o k i n g
f o r NV equipment; recommend that you have the appropriate documentation
in hand.
6. If the equipment is dual-use; i.e., manufactured for both military and
commercial use, it will be governed by the Bureau of Export Administration,
Dept of Commerce - governed by the Export Administration Regulations (EAR);
a commerce license is then required. At an international gateway, a U.S.
citizen will still have to have a commerce license for a commercial product.
7. If you are a foreign national from another country living in the U.S.
legally, you may buy a night vision device, and upon your return to your
native homeland, it would be YOUR responsibility to apply thru the DoS for
an export license to legally allow it to leave the country, at which time,
the procedures would be the same as para 1-4 above. USPS, FedEx, and the
other postal and freight forwarders would require the appropriate paperwork;
U.S. Customs and the USCG l o o k f o r NV equipment in the processing
warehouses of the USPS and UPS, FedEx, etc and ports of exit; the
appropriate paper work should be present which in the case of Gen III gear,
any grade, it would be denied.
8. Hope this has clarified the issue.
R. S. Rayfield, Jr.
-----Original Message-----
From: Ron [mailto:rojoha@mediaone.net]
Sent: Thursday, September 28, 2000 9:25 AM
To: mil-veh@mil-veh.org
Subject: Re: [MV] NVG
Hmmmm... go to www.ittnv.com . They sell Gen III commercially and it
can be bought at West Marine. ITT has been selling it for several years.
Same tech as the mil stuff but packaged differently in a yellow, black or
green rubber wrapper. No hands free stuff. And if you own a yacht, I
don't think your night vision gear explodes once you get 10 miles off the
coast.
For vehicle mount, check out the Raytheon web site. Again, a variation
of the mil stuff but hands free, just can't mount on your head, without a
lot pain.
Ron
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This archive was generated by hypermail 2b29 : Tue Oct 24 2000 - 20:55:37 PDT