U.S. MASTER EXPORT SECURITY LIST, ATTRIBUTES AND STANDARDS (ACEP DOCUMENT NO. 100)

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Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP64-00014A000100160001-4
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RIPPUB
Original Classification: 
C
Document Page Count: 
12
Document Creation Date: 
December 15, 2016
Document Release Date: 
December 15, 2003
Sequence Number: 
1
Case Number: 
Publication Date: 
July 23, 1954
Content Type: 
MEMO
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PDF icon CIA-RDP64-00014A000100160001-4.pdf712.15 KB
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Approved For Release 2004/01/12 : CIA-RDP64-00014 RiO00 100 16000 1 - CONFIDE 11TIAL July 23, 195 ACEP PROGRAIvt DETERMIPTATION NO. 1100 (Revised) To: Director Bureau of Foreign Commerce Subject: U.S. Vaster Export Security List, Attributes and Standards (ACEP Document No. 100) There are hereby established: (a) The U.S. Master Export Security List; and (b) Attributes and Standards for placing items on U.S. Master Export Security List. The new Attributes and Standards shall supersede immediately the present export security criteria.' The establishment of the nerr list and transfer of items from present U.S. Department of Commerce "U.S. Security Export Control Lists" shall proceed in accordance with the procedure set forth on page 11 of this Program Determination. ACEP PD No. 238 and Amendment 1 and the provisions of ACEP PD No. 28 Amendment 60 with respect to criteria are hereby revoked. NOTE: This covers the follo'ring revisions: Page 2 - I. Part C - Section I. Page 4 - II. Part A, - Paragraphs 4 and ;. Page 9 - III. Part E i- Standard No,-4(a) and 4(b). On file DOC release instructions apply. 25X1A C01,1:4-DC-5248 Approved For Release 2004/01/12 : CIA-RDP64-00014AO00100160001-4 Approved For Release 2004/01/12 : CIA-RDP64-00014AO00100160001-4 CONFIDENTIAL - 2 - ACILP PROGRAM DETEMEPI.ATION NO. 1100 (Revised) I. U.S. MASTER EXPORT SECURITY LIST The single U.S. ,,,?aster Export Security List shall consist of the parts described below: Part A Atomic Energy Material - includes source material, fissionable material and facilities for the production of fissionable material as defined by the Atomic Energy Commission. Such listing concurrently reflects. the coverage in this area provided in Title. I, Categories A and B of the Battle Act Lists as adapted from. the AEC List for that purpose. Part B Arms, Ammunition and Imple:-rents of Mar - includes the arms, ammunition and implements of war listings as established by the Office of Mianitions Control of the Department of State. These listings reflect the coverage provided in Title I, Categories A and B of the Battle Act Lists as adapted for that purpose. Part C Other Items Controlled by the U.S. to the Soviet Bloc - includes the various security listings employed by the Department of Commerce in its control to the Soviet Bloc (except for certain additional control to Communist t China and North. Koroa which is provided for in Part u f list) and Title I. Categories A and B, and Title II of the Batty: Act Lists as adapted for that purpose and also reflecting agreed international controls as reflected in I/L I (not covered in Parts A and B above), I/L II and I/L III. Part C shall be divided into three sections as follows- Section I Includes items for which agreements are in force.in CoCom for effective embargo to the Soviet Bloc, including the IA items appearing on Category B of Title I even though formal multilateral agreement to embargo sir?.s not reached by CoCom countries as compared to other accontances of the Title I, Category B List; and all other-Battle lfdt Title I itarzs iiot' included in.Parts A or B of the U.S. Master Security List. CONFIDENTIAL Approved For Release 2004/01/12 : CIA-RDP64-00014AO00100160001-4 Approved For Release 2004/01/12 : CIA-RDP64-00014A000100160001-4 CONFDJEIJTIAL - 3 - ACEP PROGR12 DETET- INATION No,' 1100 (Revised) Section II Includes items for which agreements are in force in CoCom.for effective quantitative control to the Soviot.Bloc, including the listing of items agreed internationally for quantitative control even though they may be separately listed in Section III below for a more stringent control by the U.S. Section III Includes items (a) which are the subject of strictly bilateral ehpcrt control action, (b) which are the subject of unilateral control action, (c) which are regarded as negotiable for either multilateral or bilateral export control (whether or not such negotiation has in fact been undertaken) and as to which provisional unilateral action may or may not be currently taken. Part D Items Controlled to Communist China - includes the listing for control to Communist China and North Korea. This part is to be divided into three sections which z~rould be similar in type to those described under Part C, and a Part D. Section IV listing the items oxgepted from control.. This Part D may be further utilized for special listings keyed to particular area problems in situations either of ntcrnational tension involving a threat of imminent war, or of limited i warfare in defiance of the U.S. or U.N. security interest. Approved For Release 2004/01/12 : CIA-RDP64-00014AO00100160001-4 Approved For Release 2004/01/12 CIA-RDP64-00014AO00100160001-4 CONFIDENTIAL -.4 ACEP PROGRA^,1M DETERMINATION NO. 1110 (Revised) II. ATTRIDUTES FOR DETERMINATION OF ELIGIBILITY OF ITEMS FOR PL, CETENT CN THE U. S. MASTER MORT SECURITY LIS T The sole function of the security attributes is to determine eligibility of an item for consideration for placement on the U.S. Master Export Security List, L. One or more of the following attributes shall be possessed by materials or equipment (including technical datc., and services) if such are to be considered for restrictive control for security reasons in a situation of international tension not involving the threat of imndnent war in defiance of the U.S. or of the U.N. if Atomic Energy 1JL terials and Equipments a. Any material (raw or processed) containing by weight 0.05% or more of uranium, thorium, or any combination thereof; l/ b,. Any fissionable material; 1/ c. Any equipment or device capable of the production of fissionable material and any important component part especially designed for such equipment or device. l/ 2. Arms, A.mnunition, aim? Implements of w711r. 2/ 5/ 3. Materials and equipment (by types and grades) which are designed specially or used principally for the development, production or utilization of arms, ammunition, implements of vrar, and atomic energy materials. 3/ l/ 5/ 1i.. Materials and cquipmont (by types and grades) which incorporate advanced technology or unique technological Imo;-'r hMT (including production kno`?r-ho:T), the acquisition of Which may reasonably be expected to permit a significant advance in Soviet Bloc technology in:military or atomic energy production over the level of development already achieved or expected to be achieved within a short period. 3/ Ii! 5. Materials and equipment (by types and grades) in which the Soviet Bloc has a deficiency which is critical in relation to its military capabilities* and which it could not overcome within a short period. * Interpreted to mean "present or future". Approved For Release 2004/01/12 : CIA-RDP64-00014AO0010016 EI,NTIAL Approved .For Release 2004/01/12 : CIA-RDP64-00014A000100160001-4. ACEP PfOGRf MI DETERMINATION NO. 1100 '(Revised), Be In a situation of international tension involving a throat of imminent ;rar, or in a situation of limited warfare, in defiance of the U. S. or of the U.N., all material or equi;~ cent (including technical data and services) which meet the attributes listed in (A) above shall be considered for restrictive control for security reasons, and in adclition thereto other items shall be considered for restrictive control for security reasons based upon such further attributes as may be pertinent and appropriate or for reasons of overriding U.S. policy. 3/ 6/ This attribute is applicable to the implementation of the Atomic Energy Act of M6 which is under the jurisdiction of the Atomic Energy Commisaion and related to the implemontation of the Battle Act by the Director of Foreign Operations. This attribute is applicable to the development of the Munitions List which is administered b Y the Department of State and related to the implementation of the Battle Act by the Director of Foreign Operations. Theo attributes relate to the implementation of the Export Control Act of 1.949 as amended, and are related to the implementation of the Battle Act by the Director of Foreign Operations. / The target area currently involved in these attributes is the Soviet Bloc, (excluding Communist China =d. North Korea) which is currently defined to include Albania, Bulgaria, Czechoslovakia,,, Estonia, Eastern Germany, Hungary, Latvia, Lithuania, Poland and Danzig, Rumania, U.S.S.R. / materials and equipment should not generally be deemed to possess this attribute if they are materials or equipment primarily intended for csivilian use unless they possess high military importance and are readily convertible into arms, ammunition or implements of Yrar. a 6/ .The target area currently involved is Communist China aril North Korea. CONFIDEINTLyL Approved For Release 2004/01/12 : CIA-RDP64-00014AO00100160001-4 Approved For Release 2004/01/12 : CIA-RDP64-00014A000100160001-4 CONFIDENTIAL - 6 - LCEP PROGRLM DETERM-NATION NO. 1100 (Revised) III. STANDARDS FOR PLACED.ENT OF ITE ON U. S. MASTER SPORT SECURITY LIST The function of the standards is to provide tests, which must be met in,a reasonable demonstrable manner, for the placement (including retention or deletion) of an eligible item on the U.S. Master Security List and the appropriate part thereof. 11s Placement of Items on Part PA (Atomic Energy) of U. S. Master Export Security List. An item shall be placed on Part A of the List if it possesses Attribute No. 1 and is listed for export control by the -Ltomic Energy Commission. B. Placement of Items on Part B (Arms, etc.) of U. S. Master Export Security List. Ln item shall be placed on Part B of the List if it possesses Attribute No. 2 and is listed for export control by the Department of State. CV, Placement of Items on Part C-I (Embar o) of U. S. Master Export Security List. 1 An item shall be placed on Part C-I if it meets all of the following Standards Standard No. 1. The item possesses one or more 1Lttributes Nos, 3,Tzd 5, and provided that: (a) With respect to :attribute No. 4; (1) The know-ho.-r is extractable from the material or equipment involved; and (2) The application of the hno?r-ho?r is not confined to items predominantly of civilian uses; and (3) The Soviet Bloc is not reasonably expected to achieve the advance in technology afforded by the material or equipment to be embargoed within the period of time required to obtain multilateral agreement on embargo and its effective ii,plementation; and (Lb) 11 lesser degree of restriction than embargo cannot reasonably be expected to prevent the extraction of the know-how from the material or equipprent involved. If a listed item is reopened by CoCom for change of control, it should be reviewed in terms of the standards of C-III. Approved For Release 2004/01/12: CIA-RDP64-00014A0001Q $ F#IAL Approved For Release 2004/01/12 : CIA-RDP64-00014AO00100160001-4 CONPTDLNTIAL --7" A. PRGGRA11 DET ' ICTNATIQN NO. 1100 (Revised) (b) 1Trith respect to Attribute Na. 5: (1) The deficiency is not judged to be of a character that would induce the Soviet Bloc to remedy it with a speed or to a degree that would make the net effect of an embargo unfavorable to the security interests of the free world; and (2) A lesser degree of restriction than embargo cannot reasonably be'expected to create or maintain a Soviet Bloc deficits cy as defined in the Attribute; and (3) The embargo will, create or maintain a Soviet Bloc deficiency either in the material or equipment to be embargoed or in other materials or. equipment as defined in the Attribute; and (4) The Soviet Bloc is not reasonably expected to be able to overcome the deficiency during the time involved in establishing the necessary embargo control and achieving its effectivie implementation, except by diversion of materials or facilities of comparable or greater importance to its military power; and (5) The embargo is not reasonably expected to induce the Soviet Bloc to overcome the deficiency without causing serious impairment of activities other than those related to that deficiency but which are of comparable or greater importance to its military power. Standard No. 2. The coves age already afforded by the placement of re'! aced items on the U.S. Master T :.port Security List is inadequate to achieve U.S. Security objectives. Standard No. 3. An agreement is in force in CoCcri for effective emoarga owe item to the Soviet Bloc. D. Placement of Items on Part C-III (Quantitative Control) of U.S. P`rastel E ortSecurl y List. 17 An iten, shall be placed on Part C-Il if it meets all of the follow- ing Standards: Standard No. 1. The item possesses either Attribute No. 4 or AEtribueNo.5, provided. that: (a) With respect to Attribute No. 4; the Attribute as condi- tioned under (a) (1) and (2) of Standard No. 1 for Part C-I is not but: 1/ If a listed item is reopened by CoCom for change of control, . it sh rm b4Eti a et;~QWOdLl ,h& JN~,WO&14 Oj10O160001-4 Approved For Release 2004/01/12 : CIA-RDP64-00014AO00100160001-4 CONFIDFNTIiiL _g_ t'.:CEP PROGR M DPTTR.,TIN,TION NO. 1100 ( Nevis ed ) (1) The technology cannot be effectively separated by designing types or grades of commodities to permit embargo listing but is susceptible to a licensing guide approach which may reasonably be expected to succeed in preventing the transmission of the technology; or (2) A lesser.degree of restriction than embargo can reason- ably be expected to prevent the extraction of the technology from the 'material or equipment involved; and (3) The Soviet Bloc is not reasonably expected to achieve the advance in technology afforded by the material or equip- ment to be quantitatively controlled within the period of time required to obtain multilateral agreement on quantitative control and its effective implementation. (b) With respect to Attribute No. 5: (1) The deficiency is not judged to be of a character that would cause the Soviet Bloc to remedy it with a speed or to a degree that would make the net effect of quanti- tative control unfavorable to the security interests of the free world; and (2) A lessor degree of restriction than embargo can reasonably be expected to create or maintain a Soviet Bloc deficiency as defined in the '.ttribute; and (3) Quantitative control will create or maintain a Soviet Bloc deficiency either in the material or equipment to be embargoed or in other materials or equipment as defined in the Attribute; and (4) The Soviet Bloc is not reasonably expected to be able to overcome the deficiency during the time involved in establishing the necessary quantitative control and achieving its effective implementation, without diversion of materials or facilities of comparable or greater importance to its militar:r pourers and (5) Quantitative control is not reasonably expected to induce the Soviet bloc to overcome the deficiency without causing serious impairment of activities other than those related to that deficiency but which are of comparable or greater importance to its military power. Standard No. 2. The coverage already afforded by the placement of related items an the U.S. Master Export Security List is inadequate to achieve U.S. security objectives. Standard No. 3. An agreement is in force in CoCom for effective quantitative control of the item to the Soviet Bloc. Approved For Release 2004/01/12 : CIA-RDP64-00014AO00100160001-4 COI? FID'aNTI AL Approved For Release 2004/01/12 : CIA-RDP64-00014A000100160001-4 CONFTDENTLU L -9- ACEP PROGRAM DETEFitENATION NO. 1100 (Revised) E. Placement of Items on Part C-III (Individual Item Control) of U.S. Master Export Security List. (Explanatory Note: This Part comprises items the export of which to the Soviet Bloc the U.S. has determined should. be subjected to control and for which there is no current multilateral agreement by CoCom to controls identical with those of the U.S.) An item shall be placed on Part C-III if it meets both Standards No. 1 and 2, and either Standard No. 3 or 4. Standard No. 1. The item possesses one or more, of llttibutes Nos. , 4, and 5, and Standard No. 1 under Part C-I or Standard No. 1 under Part C-II is met. Standard No. 2. The coverage already afforded by the placement of related i ems on the U.S. Master Export Security List is inadequate to achieve U.S. security objectives. Standard No. 3. It can be reasonably expected that U.S. negotia- tions vjou be successful in obtaining satisfactory multilateral control by CoCom provided, however, it is reasonably clear that such negotiations or resulting control would not cause: (a) An expenditure of good will or bargaining power dispro- portionate in terms of U.S. national security interests; or (b) An undue impact on the economic, political, or financial situations of the member countries. Standard No, 1, Nhere the U.S. does not intend to seek multi- lateral control by Cocom or has not been successful in obtaining 4dequate control agreement by CoCom: (a) Such additional strategic commodities as would contribute significantly to the war potential of the European Soviet Bloc, the U.S. unilateral control of which can reasonably be expected, because of U.S. production, supply or tech- nology, to be effective in depriving the European Soviet Bloc of a significant contribution to the latter's war potential; or (b) Other commodities, whether strategic or not, which raise such special political problems as to warrant U.S. export control to the European Soviet Bloc despite the absence of international controls. NOTE: The degree of.control to be applied to an item on Part C-III ssha.ll be determined on the merits of each item in terms of (a) the possibility of achieving effective control, including the use of licensing guides, and (b) any overriding considerations of U.S. policy. Approved For Release 2004/01/12 : CIA-RDP64-00014AO00100160001-4 CON FIDFNTI ILL COTdAngo Ie.FidLFor Release 2004/01/12 : CIA-ORDP64-00014AO00100160001-4 NT -- is CEP PROGRAM DETER INS" TION NO. 1100 (Revised) F. Placement of Items on Part D (Communist China Control) of the U.S. Mas er 5> ort Sect ;t. (Explanatory Note: This Part is divided into four Sections: D-I, China Embargo; D-II, China Quantitative Control; D-III, China Individual Item Control and D-IV, zkceptions.) Part_ D-I (China Fabargo). An item shall be placed on Part D-I of thou. Master Vxport Security List if it meets the following Standards Standard No. 1. The item is listed on Parts A, P, C-1, C-II, or In ernational List III, or the special China List. Part D-II (China Quantitative Control). "n item shall be placed on Part D-II of the U.S. Master Export Security List if it meets the following standard: Standard No. 1. An agreement is in force multilaterally for effective quantitative control of the item to Communist China. Part D-III (China Individual Item Control). An item shall be pace on Part D-II of t he, U.S. Master Export Security List if it meets one of the following standards and is not listed in Part D-I or D-II: Standard No. 1. The item is considered appropriate for contro il in view of (a) the nature of aggression or threat of aggression, or-(b) overriding considerations. of U.S. Policy. Standard No. 2. An agreement is in force with Japan for effective restriction of the item to Communist China. Part D-IV (1hceptions). An item shall be placed on Part D-IV if it has been determined that. the .tem is not to be restricted to Communist China. Approved For Release 2004/01/12 : CIA-RDP64-00014AO00100160001-4 Approved For Release 2004/01/12 : CIA-RDP64-00014AO00100160001-4 CONFIDENTIAL F. 1]- LCEP PROGR1M DETERMINATION NO. 1100 (Revised) DEVELOPMENT OF NET U. S. N `.STER EXPORT SECURITY LIST The new U.S. Export Security List shall be maintained by the Department of Commerce. The AEC and the Office of Munitions Control, Department of State, are to review the items presently controlled by them,-and advise the Department of Commerce what items are to be included in Parts A and B of the new list. LISTING OF ITEMS In order to expedite transition to the new list - 1. The following items shall be placed on Part C-I without further review, for the time being: (a) loll items presently on U.S. List I. (b) The five Battle Act Title I. Category B items now on I/L II. (c) All other Battle Act Title I items not included in parts A or B of the U.S. Master Export Security List. 2. All items on U.S. II shall be placed on part C-II (the five Battle Act items shall show the appropriate cross-reference to Part.C-I). For any other items. on I/L II for Which the U.S. has determined more restrictive controls are essential, there shall be appropriate cross-references to Part C-III wherein the U.S. control will be described. 3. Part C-III. Subject to an early review as to whether any particular item possesses the now attributes and meets the standards, the follauing shall. be placed on Section III- (a) The I-A items (not covered by the Battle Act). (b) The U.S. List II-B items. (c) Such additional items as are in process of negotiation, or for which decisions have 'been made for unilateral action. The degree of U.S. control for each item on Section III shall be that called for by the particular program clctormination or notice of action. CONFIDENTIAL Approved For Release 2004/01/12 : CIA-RDP64-00014AO00100160001-4 Approved For Release 2004/01/12 : CIA-RDP64-00014A000100160001-4 CONFIDENTLLL --!12-.. LCEP PROGRAM DEyERnIN~.TION NO. 1100 (Revised) It. Likewise in establishing the ne'r Part D. Sections I, II and III applicable to Communist China, tile' items' presently agreed for _ multilateral embargo shall be immediately listed in' D-I, With post facto review scheduled for an early date. Similarly, part f -II shall. list the item or items presently agreed for multilateral quantitative control. With reference to Part D. Section III, and subject to A later review as to whether retention of any particular item is in order, shall be listed immediately: 1. The uncovered residue of U.S, List C-III and former I-A and II-B items. 2. Unagreed residual of U.K. supplemental China List. 4. 3. The confirmed residual as to the 400 embargo items of Part III-A of the Japanese Bilateral List as currently agreed. b. Items covered by Part III-B of the Japanese Bilateral List as currently agreed. 5.n N.E.S. category excluding minor exceptions to U.S. control to China. ( Includes items controlled for overriding U.S. policy reasons.) Part D -IV, Items excepted from control to Communist China shall be listed in this Section. IDENTIFICATION OF ITEMS 1, In designating the particular listings on the new U. S. Master Export Security List, the present identification numbering of items shall be retained in so far as practicable to minimize confusion. 2. rheraver an item appears on two sections of the list there shall be appropriate cross-references clearly indicating which listing governs the U.S. control. 3. Items listed in Part C-III shall contain coded references shoring (a) the international control status; (b) character of U.S. control to the Soviet Bloc; and (c) character of U.S. control to friendly countries, hg Nil c; 1 1 , G ott J . arr n ecutive Secretary 1 ~ & visory Committee on Export Policy Approved For Release 2004/01/12 : CIA-RDP64-00014A000100160001-4 CONFIDENTIAL