Cable from Brazilian Embassy in Washington to Foreign Ministry, 'Brazil-USA. Access to advanced technology. MTCR. Supplementary regulation on missile technology exports.'

From: Embassy in Washington                              To: Exteriores                                           MSG OF 01309A   06/11/92

URGENT

CONFIDENTIAL

From Brasemb Washington to Exteriores 11/06/92

XIEX - L00 – G14

DCIA/DMAE/DNU/DCS/

Brazil-USA. Access to advanced

technology. MTCR. Supplementary

regulation on missile technology

exports.

1309 51840 – Reference circular cable 19.403, dated 5/8/92. According to press reports and confirmed by officials from the Departments of State and Commerce, the Federal register shall publish next week a supplement to section 778 of the “Export Administration Regulations” (EAR), on export controls related to the

Technology Control Regime (MTCR).  

2.  The above mentioned regulation, entitled “Expansion of Foreign Policy Controls; Missile Technology Destinations”, derives from the “Enhanced Proliferation Control Initiative” (EPCI), of December 13, 1990, whose purpose is to spell out the countries to which the regime of “validated license” shall be applied, whenever the American exporter learns that the items to be exported will be used in the conception, development, production or use of missiles. It contains a list of projects of missile technology, countries and regions (Supplement no. 6, section 778 of the EAR).

3.  As Your Excellency knows, last April, Ambassador Reginald Bartholomew, Undersecretary for International Security Affairs, had already announced the regulations of MTCR and the inclusion of Brazil in the list of countries that might develop missile technology (Cf. Circular cable 13.403, paragraphs 3 and 4). Although the text has not yet been made public, the version obtained from the Public Inspection Office (an agency linked to the Federal Register) confirms the information advanced by Bartholomew. Supplement 6, entitled “Missile Technology Projects”, lists the following countries and their respective projects; Brazil (Sonda III, Sonda IV, SS-300, SS-1000, MB/EE series missile, VLS Space Launch Vehicle), China, India, Iran, Middle East, North Korea, Pakistan and South Africa. According to Section 778.2 of the EAR, the Middle East encompasses the following countries: Bahrein, Egypt, Iraq, Israel, Jordan, Kuwait, Lebanon, Libya, Oman, Qatar, Saudi Arabia, Syria, United Arab Emirates and Yemen.

4.   The text, which may be revised before publication, contains the following note: “One of the countries listed in Supplement N’6 to Part 778 is Brazil. It is of particular importance to note that although U.S. foreign policy does not permit exports in support of any missile or space launch vehicle (SLV) program of Brazil, several positive developments in the field of non-proliferation have taken place, reducing the possibility of proliferation from this country. Brazil, together with Argentina and Chile, signed the Mendoza Declaration in September 1991, declaring their intent to become original contracting parties to the Chemical Weapon Convention, and agreeing to ban these weapons within their territories and to prohibit exports of chemical weapons as an interim measure. In December 1991, Brazil signed a full scope nuclear safeguards agreement with the International Atomic Energy Agency (IAEA) that requires IAEA safeguards on its nuclear exports. It has also expressed interest in the Missile Technology Control Regime (MTCR), and a team representing MTCR visited Brazil in April 1992. In addition, Brazil recently announced its intent to transfer all space-related activities, including the SLV project, to a new civilian agency. A Brazilian government interministerial commission recently completed draft legislation establishing a legal framework for a domestic export control regime, with legislative action expected in 1992”.

5.  I shall transmit a copy of the above-mentioned regulation as soon as it is published.

SERGIO AMARAL