Foreign Relations of the United States, 1977–1980, Volume XIII, China

315. Memorandum From the President’s Assistant for National Security Affairs (Brzezinski)¹

Washington, July 21, 1980

MEMORANDUM FOR

• The Secretary of State
• The Secretary of Defense
• The Secretary of Commerce

The following export control guidelines for China have been approved:²

Evidence that a stated end-user is engaged in military activities will not necessarily result in denial, inasmuch as we are now willing to approve cases for some military end-uses.

Equipment and technical data specially designed for the design, development or manufacture of military end-items probably will be denied if the end-items themselves would not be approved or would be approved only in limited quantities. Licenses will not be approved for equipment and technical data intended for the design, development or manufacture of nuclear weapons or delivery systems, electronic warfare or intelligence-gathering equipment.

Equipment incorporating advanced technology will not be approved if its performance exceeds the requirements of the stated civil use, or approvable military application.

The effect of these new guidelines will be that licenses will no longer be disapproved merely because the end-use is military or the end-user is engaged in military activity. Licensing may be approved even if the equipment or data could be used in the design, development or manufacture of tactical military items. Also, licensing will no longer be disapproved merely because the equipment incorporates certain advanced technology, assuming the level of technology is assessed as appropriate to a stated and accepted end-use.

The Department of Commerce should give priority attention to processing the backlog of cases for China. The Department of Commerce should also develop in cooperation with the Departments of State, Defense and the NSC a version of these guidelines suitable for public release. The processing of cases and issuing of licenses should not await release of a public version of these guidelines.

Zbigniew Brzezinski

1. Source: Carter Library, National Security Affairs, Brzezinski Material, Country File, Box 10, China (PRC): 4–7/80. Confidential.
2. A July 15 memorandum from Sullivan and Huberman to Brzezinski reported, “A State/Defense/Commerce staff-level Working Group has developed a new set of guidelines for China that provide a framework for possible approval of items and technologies of a higher level than currently allowed. They also no longer require automatic denial of exports to military end users as is now the case.” (Ibid.) These guidelines were approved during a meeting among Muskie, Brown, and Brzezinski. (Memorandum from Brzezinski to Sullivan and Huberman, July 17; Carter Library, National Security Affairs, Brzezinski Material, Country File, Box 10, China (PRC): 4–7/80)