Re: [TSCM-L] {5925} Well Aint that a Bitch

Actually, ALL REI exports required U.S. Government licenses, REI just was not getting the proper licenses, so if you ae outside of the United States and you possess REI gear the gear is considred by international law to be illegal goods.

Also, if you came to the United States for TSCM training, and you get not get a proper U.S. State Department license to attend the training, you could have some unfortunate problems, and a lot of people are now starting to realize that they are in a world of trouble because these licenses were not being obtained as they should have been.

-jma



Humberto Sodre wrote:

James,

 

I am following this issue on the site, but as English is not my mother tongue, I do not know = if I understood it well. But I work with TSCM since 2001, I attended = 3 TSCM training courses on REI in 2005/2006 and I have seen that company exporting OSCOR, ORION, TALAN and other products to Europe, Latin America, Middle East and Asia without any restriction of USA Government.

Best regards,

Humberto Rigotti - Brazil

2011/12/23 Thomas Shaddack &= lt;tsc= ..._at_shaddack.mauriceward.com>

> Just a reminder, that some countries have a mandatory death penalty for
> smuggled arms.

Which ones? Do the "smuggling" apply only to goods crossing their= own
borders, or is the entire history of the object considered? Do they
require proof of guilt or proof of innocence?

Also, what kind of arms is it related to? The legal definitions can be
widely varied, and everything can be considered a weapon in certain
contexts.


> TSCM gear is by international treaty "Military Arms"

Is it designated as such in the language of the treaty only, or is the
definition shared by the legislation of the countries involved? Are the
above-mentioned death-penalty states signatories of this particular
treaty?


> Hence, if you get caught with it in come countries and you did not acquire it
> though proper means, it will be deemed "smuggled arms" and y= ou could legally
> be put to death.

What kind of proof of acquisition is required? Given how easy it is to
wipe a paper trail of a fairly common object (e.g. a lab-grade
spectrometer or receiver or amplifier) and reinstate a new one, and the
inherent dual-useness of the equipment, isn't it a bit nonsensical to require this for electronics? How to ensure a honest EMC tech traveling
with his gear to investigate a noise issue in a newly opened factory is
not caught in the dragnet?

In case of training, how can a given state prove that a person got a TSCM
training (if it is also considered a weapon - and if it is, are martial
arts)? A stamp in a passport proves a travel to the US, but does not make
a difference between a shopping trip and a training, and a training given
by a person traveling out of the USA does not leave any paper trace. Where
is the difference between a legitimate knowledge and a weapon, and how can
a customs drone recognize it?


> So like I said, according the the published report in the Federal Register,
> made by the U.S. State Department, there were ZERO legal exports of TSCM gear.
>
> Which means, that if you got TSCM gear from the United States, it was not a
> legal transaction, and you could be at risk of death.

Again, in what countries?

Are there documented cases anything like this happened anywhere in the
world? What is the real magnitude of the risk, compared with other more
common risks (a conventional murder, or being put in jail in Saudi Arabia
for a 3-milligram speck of marijuana on one's shoe sole, or a car crash on
the way from the airport to the customer...)?

What countries carry what risk for traveling with advanced electronics? Is
there a list?



> -jma
>
>
> James M. Atkinson wrote:
> > According this this published report, there has been exactly ZERO legal
> > exports of TSCM equipment out of the United States in the past six month...
> > ZERO.
> >
> > So, if you have TSCM gear and it came from the United States in the past six
> > months,  then you have been sold good illegally, and the sweep gear was not
> > lawfully purchased, and indeed are considered by law to be "smuggled arms"
> > which as you know carries a mandatory death penalty in some countries.
> >
> > If you carefully look over the Shipper Export Declaration, in box 27 there
> > has to be a U.S. State Department issues export license number, or the
> > export is a criminal act on the part of the exporter.
> >
> > According to this published report there were exactly zero legal TSCM
> > exports in the last six months... and zero the period before that, and so
> > on.
> >
> > As you might expect TSCM gear is still getting exported, but it is being
> > smuggled into and out of the United States in considerable quantities.
> >
> > Zero, legal TSCM gear exports... zero...
> >
> > -jma
> >
> > --
> > James M. Atkinson
> > President and Sr. Engineer
> > "Leonardo da Vinci of Bug Sweeps and Spy Hunting"
> > http://www.linkedin.com/profile/view?id=15178662
> > Granite Island Group
> > jm...@tscm.co= m
> > http://www.tsc= m.com/
> > (978) 546-3803
> >
>
> --
> James M. Atkinson
> President and Sr. Engineer
> "Leonardo da Vinci of Bug Sweeps and Spy Hunting"
> http://www.linkedin.com/profile/view?id=15178662
> Granite Island Group
> jm...@tscm.com=
> http://www.tscm.com= /
> (978) 546-3803
>
>

-- 
James M. Atkinson
President and Sr. Engineer
"Leonardo da Vinci of Bug Sweeps and Spy Hunting"
http://www.linkedin.com/profile/view?id=15178662
Granite Island Group
jm...@tscm.com
http://www.tscm.com/
(978) 546-3803