UNITED STATES DEPARTMENT OF COMMERCE Bureau of Export Administration Washington, D.C. 20230 September 15, 1998 Mr. Charles R. Smith Softwar 7707 Whirlaway Drive Midlothian, VA 23112 Dear Mr. Smith: This is in response to your Freedom of Information Act (FOIA) request to the Department of Commerce dated June 1,1998, in which you request all information on any exports and involving China Civil Aviation (eg...air traffic control systems) or information on CAAC the Chinese Civil Aviation Authority from 1993 to the present. Your request was referred to the Bureau of Export Administration, including the Office of Exporter Services (OExS), which maintains export licensing records of dual-use commodities, and Export Enforcement (EE), which maintains license screening and enforcement records. Neither OExS or EE can confirm nor deny the existence of any records responsive to your request. If responsive documents were to exist, they would be exempt from disclosure, under FOIA subsection (b)(3), which protects from FOIA disclosure matters which are: specifically exempted from disclosure by statute..., provided that such statute...(B) establishes particular criteria for withholding or refers to particular types of matters to be withheld. 5 U.S.C.A. 552(b)(3) (1996 and Supp.1998). The statutory provision which specifically exempts this information from disclosure is section 12(c) of the Export Administration Act of 1979, as amended (the Act) (50 U.S.C.A. app. 241 l(c) (1991 and Supp. 1998)). Section 12(c) states, in pertinent part, that: ... information obtained for the purpose of, consideration of, or concerning, license applications under this Act shall be withheld from public disclosure unless the release of such information is determined by the Secretary to be in the national interest. This section does not merely authorize maintaining the con~dentiality of information obtained under the Act, but requires that such information not be disclosed unless its release is determined to be in the national interest. Consistent with the criteria of section 12(c), in the absence of a national interest determination authorizing release of information responsive to your request, any such information could not be released. The authority provided by section 12(c) is supplemented by authority contained in the International Emergency Economic Powers Act (50 U.S.C.A. section 1701 - 1706 ( 1991 & Supp. 1998)), Executive Order 12924 (3 CFR, 1994 Comp., p 916 (1995)), as extended by Presidential Notice on August 15, 1995 (3 CFR, 1995 Comp., p501 (1996)), August 14, 1996 ( 3 CFR 1996 Comp., p298 (1997)), August 13, 1997 (3 CFR, 1997 Comp., p 306 (1998), and August 13, 1998 (63 Fed. Reg. 44121, August 17, 1998) and the Export Administration Regulations (15 CFR Parts 730-774 (1998)). The denying official for EE is Mark D. Menefee, Acting Director, Office of Export Enforcement. No other components of BXA located responsive documents. This is the initial determination for your request. You have the right to appeal administratively the denial of any records withheld within 30 days of the date of this letter. If you decide to file an appeal, address it to the Assistant General Counsel for Administration, U.S. Department of Commerce, room 5898C, Washington, D.C. 20230. Include a copy of your original request, the initial denial, a statement of the reasons why the records should be made available, and a statement of why the initial determination was in error. Both the appeal letter and the envelope should be clearly marked "Freedom of Information Act Appeal." If you have any questions about this matter, you may contact Henry Gaston, BXA's FOIA Officer, at (202) 482-5653. Sincerely, Eileen M. Albanese Director Office of Exporter Services FOI 98-73
U.S. Department of Transportation Federal Aviation Administrotion Memorandum Subject: INFORMATION: China ATC Discussions Date: May 21, 1997 From: Deputy Director of International Aviation To: Acting Administrator THRU: Acting Assistant Administrator for Policy, Planning and International Aviation Reply to Attn. of: Jean Herz: 202-267-8173 FAX:202-267-5306 Attached is a summary of discussions held in Beijing on Wednesday, April 16, 1997, on future civil-military air traffic control cooperation between the United States and China. As you know, following completion of U.S. Government (USG) policy coordination, a small delegation traveled to Beijing to present our options for FAA-led ATC civil-military programs under the reconfigured ATC initiative. This activity was previously conducted under the Joint Defense Conversion Commission which was dissolved by then-Defense Secretary Perry in July 1996. Long-range USG goals for China-US ATC cooperation are to encourage China to plan, develop and implement a national ATC systems architecture which includes CNS/ATM and a unified manager integrating civil and military ATC service providers. The U.S. delegation concluded that we achieved our immediate objective and presented our proposal in a manner best designed to elicit favorable reactions from all parties involved in ATC management in China. We expect to receive a positive response sometime during the summer 1997. In subsequent meetings in Los Angeles (April 22) and San Francisco ( May 1), General Administration of Civil Aviation of China's Vice Minister Bao Peide stated his support for continued US-China ATC cooperation, and pledged that he would personally facilitate a Chinese reply to the ATC proposals. I plan to ask Brad Mims to circulate the report to appropriate Congressional Members and staff. John R. Hancock Attachments Note: This memorandum was signed by API-1 and forwarded to Administrator's Office on May 23, 1997
Civil-Military Air Traffic Control Discussion Beijing, Wednesday April 16, 1997 Summary Report Chinese attendees: See attached list US Attendees: From the Department of Defense: Mr. Frank Colson, Executive Director, Department of Defense Policy Board on Federal Aviation Col. Karl Eikenberry, United States Army, Senior Country Director for China, International Security Affairs, Office of the Secretary of Defense; Col. John Wolf, Air Attache, American Embassy, Beijing. Major Leslie Bjornnes, Assistant Air Attache, American Embassy Beijing From the Federal Aviation Administration: Mr. John Hancock, Deputy Director, Office of International Aviation Mr. Theodore Davies, Program Director, Research and Acquisitions International Office; Mr. Frank Price, Manager, Air Traffic International Staff; Ms. Jean Herz, China Desk Officer, International Aviation Office. Ms. Li Jie, Staff Assistant, FAA Sr. Representative's Office, Beijing From the U.S. Embassy, Beijing: Mr. Robert W. Forden, Economic Officer Mr. Joel Fischl, Commercial Officer, U.S. Foreign Commercial Service 1. Following opening pleasantries, John Hancock explained the U.S. proposal and emphasized that it represented a fully coordinated U.S. Government position.. (A translated copy had been provided the Chinese side earlier, and copies were also provided each delegation member at this meeting). At the conclusion of his presentation, Hancock emphasized it was a suggestion only; the U.S. side was prepared to discuss it in further detail either in Beijing this week or in the United States during the upcoming visit by the CNS-ATM group to San Francisco. He stressed that he was "open" to discussion and suggestions from the Chinese side. 2. On behalf of the Chinese delegation, Mr. Qu Yongxiu replied that they were generally in favor of continued cooperation. He said them were many players on the Chinese side, and they would need time to evaluate the proposal and coordinate a response. Mr. Qu gave his personal view that he was very positive about the prospect for a renewal/continuation of civil/military ATC cooperation between the U.S. and China. He will need to prepare a coordinated report from all the Chinese agencies involved for consideration by Vice Premier Zou Jiahua who heads up the State Air Traffic Control Commission. 3. Sr. Col. Li spoke generally about good feelings among old friends. He stated an interest in pursuing additional cooperation. We understand informally from later discussions that Col. Li believes there would be a positive response in about 3 months. 4. CAAC hosted the meeting for the Chinese at the new Air Traffic Management Bureau building. Director General Chen Xu Hua was of course very positive about civil/military ATC cooperation. The US delegation believes we achieved our objective in presenting our proposal in a manner best designed to elicit a favorable reaction from all parties involved in ATC management in China. We stressed the need to plan a systems architecture, and the importance of establishing a unified system of management for both civilian and military air traffic services. We expect to receive a favorable reaction from the Chinese sometime late in the summer or early fall of 1997. Having a written proposal translated into Chinese to use as the basis for discussion was very useful. We appreciate Defense Department support in furnishing a power point version of the proposal in both English and Chinese.
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