Tweet
ARMENIA DEMANDS DDTC ARMS EXPORT INVESTIGATION
by Clif Burns
Export Law
Sept 14 2011
According to this article, Armenia has demanded that the Department of
State, presumably through the Directorate of Defense Trade Controls
("DDTC"), investigate arms export violations it alleges are revealed
in connection with an Azerbaijani drone that was shot down by the
disputed region of Nagorno Karabakh ("NKR"). NKR is ethnically
Armenian but claimed by Azerbaijan as part of its own territory,
a claim disputed by Armenia.
According to Armenia, a video of the drone wreckage taken by the NKR
Ministry of Defense shows that the drone contained a part, pictured
on the right, made by Novatel, a Canadian company with a presence
in the United States. The part is a compact GPS antenna which can
be found by following this link. More detailed specs for the antenna
can be found at this link.
As you can see, it is far from clear that a violation of the Arms
Export Control Act is implicated by the inclusion of this part in
the Azerbaijan drone. First, the part does not appear to be covered
by Category XV of the USML system which covers GPS receivers and
components. The item does not look like it was designed for military
use and is instead an item designed principally for civilian use. Nor
does it appear to meet the alternate performance characteristics
specified in that category. For example, even though the spec
suggests that the antenna can operate at an altitude over 60,000, it
is not clear that it can operate at a speed of 1,000 knots. Finally,
it seems questionable that this item was manufactured by Novatel in
the United States and/or exported from the United States.
http://www.exportlawblog.com/archives/3494
by Clif Burns
Export Law
Sept 14 2011
According to this article, Armenia has demanded that the Department of
State, presumably through the Directorate of Defense Trade Controls
("DDTC"), investigate arms export violations it alleges are revealed
in connection with an Azerbaijani drone that was shot down by the
disputed region of Nagorno Karabakh ("NKR"). NKR is ethnically
Armenian but claimed by Azerbaijan as part of its own territory,
a claim disputed by Armenia.
According to Armenia, a video of the drone wreckage taken by the NKR
Ministry of Defense shows that the drone contained a part, pictured
on the right, made by Novatel, a Canadian company with a presence
in the United States. The part is a compact GPS antenna which can
be found by following this link. More detailed specs for the antenna
can be found at this link.
As you can see, it is far from clear that a violation of the Arms
Export Control Act is implicated by the inclusion of this part in
the Azerbaijan drone. First, the part does not appear to be covered
by Category XV of the USML system which covers GPS receivers and
components. The item does not look like it was designed for military
use and is instead an item designed principally for civilian use. Nor
does it appear to meet the alternate performance characteristics
specified in that category. For example, even though the spec
suggests that the antenna can operate at an altitude over 60,000, it
is not clear that it can operate at a speed of 1,000 knots. Finally,
it seems questionable that this item was manufactured by Novatel in
the United States and/or exported from the United States.
http://www.exportlawblog.com/archives/3494