U.S. MASTER EXPORT SECURITY LIST, ATTRIBUTES AND STANDARDS (ACEP DOCUMENT NO. 100)
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP64-00014A000100160001-4
Release Decision:
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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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.
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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.
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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.
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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".
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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