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FM AMEMBASSY TOKYO
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INFO RUCPDOC/USDOC WASHDC
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RUEHNAG/AMCONSUL NAGOYA 7888
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UNCLAS SECTION 01 OF 03 TOKYO 002462 
 
SIPDIS 
 
STATE FOR EAP/J 
 
E.O. 12958: N/A 
TAGS: ETTC ETRD KOMC JA
SUBJECT: New Controls on Non-Listed Military End-Use Items 
 
¶1.  In response to Post inquiries about press reports concerning 
possible expansion in Japan's Export Control laws, Ministry of 
Economy, Trade and Industry, Export Controls Deputy Director Atsushi 
Tanizawa presented the following nonpaper in English to EconOff on 
September 8. 
 
Begin Text: 
 
Background 
 
Two Cabinet Orders regarding security export control were revised on 
27th of August 2008 in order to improve control on non-listed items 
for military end-use. Japan has broadened its target of control on 
non-listed items to cover not only export for weapons of mass 
destruction (WMD) and its means of delivery but also for 
conventional weapons. 
 
Japan has been implementing WMD catch-all control since 2002 which 
requires exporters to apply for export license in case where the 
items in question are not on control lists but are or may be 
intended for a WMD proliferation program. 
 
The revision is based on the Final Report of the Industrial 
Structure Council which was published in March 2008.  Taking into 
account the Statement of Understanding on Control of Non-Listed 
Dual-Use Items, which was adopted at the 2003 Wassenaar Arrangement 
Plenary, the report suggested the Government of Japan to improve 
control on non-listed items for military end-use.  The revision 
comes into effect on 1st of November 2008. 
 
The New Control System 
 
The Export Trade Control Order and the Foreign Exchange Order were 
revised. These two Cabinet Orders are under the Foreign Exchange and 
Foreign Trade Act. 
 
The following is the new control, which depends on situation of 
countries of destination in order to control the items efficiently 
and effectively. 
 
¶1. The New Catch-All Control on Countries under the UN Security 
Council Arms Embargo With regard to the exports destined for 
countries under the UN Security 
Council arms embargo, all non-listed items (except food, timbers 
etc.) are subject to the license requirement in case: 
 
(1) exporters are informed by the Ministry of Economy, Trade and 
Industry (METI) that the items in question are or may be intended 
for a conventional military use, or 
(2) it is obvious that those items in question are intended for a 
conventional military use. 
The Countries under the UNSC Arms Embargo (10 countries / regions) 
Afghanistan, Democratic Republic of Congo, Cote d'Ivoire, Iraq, 
Lebanon, Liberia, North Korea, Sierra Leone, Somalia, and Sudan. 
 
¶2. The Countries Not under the UNSC Arms Embargo 
With regard to the exports destined for countries not under the arms 
embargo, 32 non-listed but sensitive items are subject to the 
license requirement in case they are informed by METI that the items 
in question are or may be intended for a conventional military use. 
 
The control is not applied to exports destined for following 26 
countries: 
Argentina, Australia, Austria, Belgium, Canada, Czech Republic, 
Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, 
Republic of Korea, Luxemburg, Netherlands, New Zealand, Norway, 
Poland, Portugal, 
Spain, Sweden, Switzerland, United Kingdom, and United States 
 
32 Items Subject to the New Military End-Use Control 
NOTE: The list is not the full translation of the legal text. End 
Note. 
¶1. Nickel or titanium alloys in block, stick, profile, line, plate 
or pipe form rated for operation at an ambient temperature above 573 
K (+300C). 
¶2. Hydraulic fluids containing any of the following: 
a. Phosphoric acid tricresyl ester (tricresyl phosphate); 
b. Tris (dimethylphenyl) phosphate; or 
c. Phosphoric acid trinormalbutyl ester. 
¶3. Fibrous or filamentary materials as follows: 
a. Organic fibrous or filamentary materials; 
b. Carbon fibrous or filamentary materials; and 
c. Inorganic fibrous or filamentary materials. 
Note 3.a. does not apply to natural fibrous or filamentary materials 
and polyethylene fibrous or filamentary materials. 
 
TOKYO 00002462  002 OF 003 
 
 
¶4. Anti-friction bearings rated for operation at an ambient 
temperature above 573K (+300C) and specially designed components 
therefore. 
¶5. Machine tools and other equipments as follows and specially 
designed components therefore. 
a. Machine tools and any combination therefore, for removing (or 
cutting) metals, ceramics or composites, which can be equipped with 
electronic devices for numerical control having any of the 
following: 
¶1. Positioning accuracy with all compensations available less 
(better) than 0.01 mm according to ISO 230/2 (1988) along any liner 
axis; or 
¶2. Rotary axes which can be coordinated simultaneously for 
contouring control. 
b. Non-numerically controlled machine tools for generating optical 
quality surfaces; and 
c. Dimensional inspection or measuring systems, equipment and 
"electronic assemblies" having three or more axes. 
Note Machine tools, which can be used as measuring machines, are 
included if they meet or exceed the criteria specified for the 
machine tool function or the measuring machine function. 
¶6. Secondary cells in which a lithium ion moves between the anode 
and cathode. 
¶7. Waveform digitizers. 
¶8. Robots specially designed for assembling printed circuit boards. 
¶9. Digital computers having an Adjusted Peak Performance (APP) 
exceeding 
0.5 Weighted TeraFLOPS (WT) and specially designed components 
therefore. 
¶10. Telecommunication systems as follows and specially designed 
components therefore: 
a. Radio transmitters; and 
b. Radio receivers. 
¶11. Phased array antennae. 
¶12. Jamming equipment specially designed or modified to interfere 
with, deny, inhibit, degrade or seduce radio communication system 
and specially designed components therefore. 
¶13. Passive Coherent Location (PCL) systems or equipment specially 
designed for detecting objects. 
¶14. Optical detectors, cryocoolers specially designed for optical 
detectors and specially designed components therefore, and imaging 
equipment incorporating optical detectors. 
¶15. Optical sensing fibers. 
¶16. Lasers and specially designed components therefore. 
¶17. Magnetometers, underwater electric field sensors, magnetic 
gradiometers, intrinsic magnetic gradiometers, and specially 
designed components therefore. 
¶18. Gravity meters. 
¶19. Rader systems, equipment and assemblies, and specially designed 
components therefore. 
¶20. Accelerometers and specially designed components therefore. 
¶21. Gyros and specially designed components therefore. 
¶22. Inertial Navigation systems (INS), inertial equipment and 
specially designed components therefore. 
¶23. Devices for navigation or avionics as follows: 
a. Gyro-astro compasses and other devices which derive position or 
orientation by means of automatically tracking celestial bodies or 
satellites; 
b. Global navigation satellite systems (i.e., GPS or GLONASS) 
receiving equipment and specially designed components therefore; 
and 
c. Airborne altimeters. 
¶24. Underwater vision systems as follows: 
a. Television systems and television cameras; 
b. Television systems specially designed or modified for remote 
operation with a surface vessel or an underwater vehicle; and 
c. Photographic still cameras and lightning equipment specially 
designed or modified for under water use. 
¶25. Air independent power systems as follows: 
a. Brayton cycle engine air independent power systems; 
b. Diesel cycle engine air independent systems; 
c. Fuel cell air independent power systems; and 
d. Stirling cycle power systems. 
¶26. Self-contained open circuit diving and underwater swimming 
apparatus. 
¶27. Gas turbine engines and specially designed components 
therefore. 
¶28. Rocket propulsion systems and specially designed components 
therefore. 
¶29. Equipment specially designed for the production of equipment 
specified 
by 27. or 28. as follows and specially designed components 
therefore. 
a. Controlled atmosphere (vacuum or inert gas) induction furnaces; 
and 
 
TOKYO 00002462  003 OF 003 
 
 
b. Electron beam melting furnaces. 
¶30. Aircraft and components therefore. 
¶31. Vibration equipment, wind-tunnels, environmental chambers and 
specially designed components therefore, specially designed for the 
development or test of rockets or aircraft. 
¶32. Flash X-ray generators. Note 32 does not apply to flash X-ray 
generators designed for medical purposes. 
 
End Text