US State Department - Policy - Directorate of Defense Trade Controls

C-130/L-100 Q’s and A’s

Last Updated: January 2, 2008

1. What L-100 parts have been transferred to State Department jurisdiction?

The issue is one of proper jurisdiction, not transfer. State has determined that airframe parts and components common to the L-100 and C-130 aircraft are subject to State jurisdiction.

Any airframe part or component that is common to the C-130 and the L-100, and which also is used on other commercial aircraft remains under the jurisdiction of the Department of Commerce

No determination has been made on other parts and components on the L-100; jurisdiction of other parts and components is determined in accordance with 120.3 and 120.4 of the ITAR, as is the case with any other item. Those parts and components already exported remain under the jurisdiction of the original licensing authority.

2. Who has jurisdiction over the engines used on the L-100?

Jurisdiction is specific to the particular engine employed. The Commodity Jurisdiction pertained only to the airframe parts and components common to the L-100 and the C-130.

3. Must I apply now to the State Department for a license to export airframe parts and components common to the
L-100 and C-130?

The Federal Register Notice provides for a transition period in the licensing for airframe parts and components common to the L-100 and C-130.

As of August 21, 2006, all airframe parts and components common to the L-100 and C-130 will be subject to the licensing jurisdiction of the Department of State, and exporters must apply to the State Department for export authorization.

Prior to August 21, 2006, exporters intent on exporting airframe parts and components common to the L-100 and C-130 for exclusive use on L-100 aircraft in the hands of foreign end users may utilize Department of Commerce procedures and authorizations. However, if an exporter intends to export C-130/ L-100 airframe parts and components to C-130 aircraft in foreign end use, or to a combination of L-100 and C-130 aircraft, then the exporter should seek authorization from the Department of State.

4. Which Department has jurisdiction over the L-100 aircraft as a whole?

The Department of State is not asserting jurisdiction over the L-100 aircraft at this time. Jurisdiction is asserted only over the airframe parts and components common to the L-100 and C-130, when such parts are disaggregated and separate from the aircraft.

Licensing jurisdiction for the export of L-100 aircraft will remain with the Department of Commerce’s Bureau of Industry and Security (BIS). As of August 21, licensing authority for the export of airframe parts and components common to the C-130 and L-100, when disaggregated and separate from the aircraft, will rest with the Department of State.

5. What about the export of technical data related to the L-100 airframe parts and components?

Technical data related to the airframe parts and components common to the L-100 and C-130 remain under the jurisdiction of the Department of Commerce until August 21, 2006. As of August 21, such technical data will be subject to the licensing jurisdiction of the Department of State.

6. What about the provision of defense services to the L-100 aircraft?

Defense Services in the form of provision of technical data related to the airframe parts and components common to the L-100 and C-130, or the furnishing of assistance (including training) to foreign persons related to such airframe parts and components, must be authorized in accordance with the ITAR as August 21, 2006.

Any provision of a Defense Service as defined in the ITAR in progress now and which would extend beyond August 21 must be re-authorized in accordance with the ITAR.

7. What about L-100 airframe parts and components previously shipped overseas and currently warehoused for
subsequent distribution?

Airframe parts and components common to the L-100 and C-130 previously exported under a Commerce authorization and currently in the possession and control of foreign end users of L-100 aircraft for use in the repair and maintenance of those same aircraft will not require reauthorization from the Department of State at any time if the parts and components are only used in the repair and maintenance of those same aircraft.

Airframe parts and components common to the L-100 and C-130 previously exported under a Commerce authorization and currently warehoused overseas for subsequent sale to foreign end users of L-100 aircraft may utilize Commerce authorizations concerning retransfer until August 21. Any retransfer to a foreign end user as of that date must occur in accordance with ITAR procedures.

8. I am a domestic operator of L-100 aircraft. Do I need a State Department authorization to fly my aircraft
outside the United States?

No such authorization is required. However, overseas operations by L-100 aircraft are constrained by the provisions of Section 126.1 of the ITAR that are addressed in the next Q and A.

9. Can L-100 aircraft be flown to countries subject to Section 126.1 of the ITAR?

As of August 21, L-100 aircraft operated by either U.S. or foreign persons may not travel to or transit countries that are subject to the provisions of Section 126.1 of the ITAR. This does not include overflight of 126.1 countries.

Domestic and foreign operators of L-100 aircraft are obligated to familiarize themselves with the provisions and extent of U.S. embargoes described in Section 126.1.

The provisions and conditions of U.S. arms embargoes are not uniform. Some embargoes preclude the export of any defense article to a country, while others allow for limited shipments of limited types of defense articles and services. Holders of L-100 aircraft should contact DDTC with questions about specific embargoes.