Exports and Reexports to Angola

Overview

On May 6, 2003, the President issued Executive Order 13298, which terminated the national emergency declared on September 26, 1993, pursuant to the International Emergency Economic Powers Act, with respect to the National Union for the Total Independence of Angola (UNITA). With this action, the sharing of export licensing jurisdiction for dual-use items between the Department of the Treasury's Office of Foreign Assets Control (OFAC) and the Department of Commerce's Bureau of Industry and Security (BIS) ended, as OFAC removed its licensing requirements. BIS resumed its role as the sole licensing agency for dual-use items. On January 22, 2004, BIS amended the Export Administration Regulations (EAR) to remove certain references to the sanctions which had been maintained by OFAC with respect to UNITA.

Exporters interested in exporting to Angola should consult the Commerce Control List to determine any license requirements. Items proposed for export to Angola are controlled for Chemical and Biological Weapons, Nuclear Nonproliferation, National Security, and Missile Technology reasons. There are also foreign policy controls in place for Regional Stability and Crime Control reasons.

Background

The President declared a national emergency relating to UNITA via Executive Order 12865 on September 26, 1993, in coordination with international sanctions adopted by the United Nations Security Council. The U.S. sanctions were further tightened via Executive Order 13069 of December 12, 1997, and Executive Order 13098 of August 18, 1998. The United States took these actions in accordance with United Nations Security Council Resolutions 1127 of August 28, 1997, Resolution 1173 of June 12, 1998, and Resolution 1176 of June 26, 1998.

Executive Order 13298 of May 6, 2003, lifts all sanctions imposed on UNITA in these earlier Executive Orders. With the successful implementation of the Lusaka Protocol and the demilitarization of UNITA, the President determined that the circumstances that led to the declaration of a national emergency on September 26, 1993, no longer exist. The lifting of sanctions was consistent with United Nations Security Council Resolution 1448, which lifted the measures imposed pursuant to prior Security Council resolutions related to UNITA.

Prior to the lifting of the sanctions, export licensing jurisdiction was shared between the Department of the Treasury's Office of Foreign Assets Control (OFAC) and the Commerce Department's Bureau of Industry and Security (BIS). OFAC had export licensing jurisdiction over U.S. persons, wherever located, exporting the following items to the territory of Angola other than through specific points of entry in Angola designated by the Treasury Department. The items were:

• mining equipment;
• arms and related material of all types, including weapons and ammunition, military vehicles and equipment and related spare parts;
• petroleum and petroleum products;
• aircraft or aircraft components; and
• motorized vehicles or watercraft, and spare parts for them.

The permissible points of entry into Angola designated by the Treasury Department were:

• Airports: Luanda; Katumbela, Benguela Province;

• Ports: Luanda; Lobito, Benguela Province; and Namibe, Namibe Province; and

• Entry Points: Malongo, Cabinda Province.

While the sanctions were in place, BIS also maintained its licensing responsibilities for exports to all of Angola. In some instances, two licenses were required - - one from both BIS and OFAC - - for the same items, when the items were among those items listed above destined for UNITA or UNITA-controlled territory and were items on the Commerce Control List that required a BIS license to Angola. There were no specific export or reexport restrictions on non-UNITA entities.

With the lifting of the sanctions on May 6, 2003, OFAC licensing requirements were removed, and BIS became the sole licensing agency for dual-use items. On January 22, 2004, BIS published a rule that amended the EAR that removed references to sanctions which had been maintained by OFAC with respect to UNITA.

Please note that some commodities, software, and technology on the Commerce Control List may require a license to Angola. These include items controlled for Chemical and Biological Weapons, Nuclear Nonproliferation, National Security, and Missile Technology reasons. There are also foreign policy controls in place for Regional Stability and Crime Control reasons.

Please note that a license is required to export an item subject to the Export Administration Regulations (EAR), even when one would not otherwise be necessary, if you know, have reason to know, or are otherwise individually informed by the Bureau of Industry and Security (BIS) with respect to a specific transaction that the item will be used in activities related to nuclear, chemical, or biological weapons or missile delivery systems as defined in part 744 of the EAR. The "Know Your Customer" guidance in Supplement 3 to part 732 of the EAR is provided to explain the "knowledge" standard that applies to these license requirements. In addition, prior to any export, we recommend that you review the ten prohibitions outlined in part 736 of the EAR as part of your overall review of export requirements.

If you have specific inquiries regarding exports or reexports to Angola, please contact the BIS Export Counseling Division at 202-482-4811 or submit a query from the BIS webpage.

U.S. Trade with Angola

There has been modest BIS licensing activity for Angola during the last three years. Most of the items authorized for export were controlled for Crime Control reasons.