US embassy cable - 05TAIPEI4091

S E C R E T TAIPEI 004091 
 
SIPDIS 
 
DEPT FOR EAP/TC, EAP/EP, NP/ECC, NP/CBM 
DEPT PASS AIT/W 
 
E.O. 12958: DECL: 10/11/2015 
TAGS: ETTC, PARM, PINR, PREL, PTER, TW, CBW, MTAG 
SUBJECT: TAIWAN EXPORT CONTROL NON-PRO FOLLOW-UP 
 
REF: TAIPEI 3573 
 
Classified By: AIT Director Douglas Paal, Reason 1.4 b/d 
 
1.  (S) Action Request para 4.  Taiwan Bureau of Foreign 
Trade (BOFT) Export Control Task Force Head Wally Su told AIT 
via phone on October 5 that he expected the list of 
Harmonized Tariff System (HS) items requiring 
export/re-export/transit/transshipment licenses would be 
ready by October 20 (reftel).  He confirmed to AIT that he 
knew the 60-day time limit agreed to during August 10-11 
non-pro discussions would be up on October 12, but indicated 
his inability to control the several agencies involved in 
reviewing and clearing the list.  The list he described 
seemed to AIT to be different from what was agreed to in 
August.  He said the current draft list was a "positive" list 
which contained 80 ten-digit level HS categories that will be 
designated "sensitive" and which will require a license to be 
shipped to any "sensitive" destinations.  In August, both 
sides agreed that for exports to Iran and North Korea, BOFT 
would divide the HS at the four-digit (more inclusive) level 
into two categories; one requiring and the other not 
requiring an export license.  AIT questioned the use of 
ten-digit level designations, noting that both sides had 
agreed in August to use four-digit designations.  Su replied 
that the broader categories included many non-sensitive items 
and this was of concern to industry. 
 
2.  (C) Regarding the upcoming APEC Export Control Seminar in 
Hawaii, Su said the Taiwan government could understand the 
difficulty a presentation on its UNSCR 1540 report might 
create for the United States and would not push the issue. 
He added that Taiwan was also interested in the possibility 
of making a more general presentation on Taiwan's export 
control regime. Su said that the Taiwan delegation to the 
seminar would be led by Taiwan's Counter Terrorism Office 
(CTO) Chief Coordinator Kuo Lin-Wu and include one other 
person from CTO, one from the Customs General Administration, 
and Su's boss in BOFT, Peter Ho. 
 
3.  (C) Su observed that the EU had lifted restriction on 
Libya in 2003, and the United States was considering lifting 
its sanctions on Libya at the end of this year.  He asked AIT 
what the U.S. reaction would be if Taiwan were to consider 
lifting its restrictions on exports to Libya, but denied any 
such move was currently under consideration.  Su also asked 
for U.S. reactions to the possibility of posting export 
license applications on a secure website where the U.S. 
Department of Commerce could view and comment on them, and 
for U.S. reactions to BOFT asking Taiwan exporters to conduct 
the initial check whether items are on the publicly available 
export control lists. 
 
4.  (C) Action request: In order to respond to the BOFT 
questions, AIT requests guidance on 1) the possibility of 
Taiwan being allowed to make a general presentation on its 
export control regime during the APEC export control meeting 
in Hawaii; 2) U.S. views of restrictions on trade with Libya; 
3) posting license applications on a website; and 4) asking 
exporters to make initial checks of restrictions. 
PAAL