Amendment to the International Traffic in Arms Regulations: United States Munitions List Category XI (Military Electronics), Correction, and Other Changes, 77884-77891 [2014-30232]

Download as PDF 77884 * * * Category XI Final Rule, Correction. The Department of State’s full retrospective plan can be accessed at https://www. state.gov/documents/organization/ 181028.pdf. * By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2014–30135 Filed 12–24–14; 8:45 am] DEPARTMENT OF STATE 22 CFR Parts 121 and 126 RIN 1400–AD25 [Public Notice 8979] Amendment to the International Traffic in Arms Regulations: United States Munitions List Category XI (Military Electronics), Correction, and Other Changes Department of State. Final rule; correction and correcting amendments. AGENCY: ACTION: The Department of State is correcting a final rule that appeared in the Federal Register of July 1, 2014 (79 FR 37536) and making other, minor changes. SUMMARY: This rule is effective on December 30, 2014. mstockstill on DSK4VPTVN1PROD with RULES DATES: Mr. C. Edward Peartree, Director, Office of Defense Trade Controls Policy, Department of State, telephone (202) 663–2792; email DDTCPublicComments@state.gov. ATTN: Regulatory Change, USML FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 18:05 Dec 24, 2014 The Department is correcting the rule, ‘‘Amendment to the International Traffic in Arms Regulations: United States Munitions List Category XI (Military Electronics), and Other Changes’’ published in the Federal Register of July 1, 2014 (79 FR 37536), and effective on December 30, 2014. The changes in this rule are meant to clarify the regulation by revising certain text and providing conforming updates to Supplement No. 1 to part 126, taking into account revisions made to the USML categories in the rule published on July 1, 2014. Additionally, minor corrections are made to section 126.6, as follows: 1) subparagraph (c)(4) is deleted to account for a previous revision to section 126.1 that excepts section 126.6; 2) subparagraph (c)(6)(ii) is revised to replace the obsolete term, ‘‘Shippers Export Declaration’’ with the correct term, ‘‘Electronic Export Information;’’ and, subparagraph (c)(7)(iv) is deleted to remove reference to the obsolete ‘‘Direct Shipment Verification Program.’’ Pursuant to ECR, the Department of Commerce has been publishing revisions to the Export Administration Regulations, including various revisions to the Commerce Control List (CCL). Revision of the USML and CCL are SUPPLEMENTARY INFORMATION: BILLING CODE 6750–01–C Jkt 235001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 coordinated so there is uninterrupted regulatory coverage for items moving from the jurisdiction of the Department of State to that of the Department of Commerce. The following corrections are made to the rule, ‘‘Amendment to the International Traffic in Arms Regulations: United States Munitions List Category XI (Military Electronics), and Other Changes’’ published in the Federal Register of July 1, 2014 (79 FR 37536), and effective on December 30, 2014: PART 121—[CORRECTED] § 121.1 [Corrected] 1. On page 37542, in the third column, paragraph (a)(3)(vi), ‘‘Revolutions-perMinute’’ is removed and ‘‘revolutions per minute’’ is added in its place. ■ 2. On page 37543, in the first column, paragraph (a)(3)(xiii), ‘‘III or IV’’ is removed and ‘‘III, IV, or XV’’ is added in its place. ■ 3. On page 37543, in the first column, Note to paragraph (a)(3)(xvii), the quotations surrounding the phrase ‘‘Normalized Clutter Attenuation’’ are removed. ■ 4. On page 37543, in the first column, paragraph (a)(3)(xviii), ‘‘(EP)’’ is removed. ■ 5. On page 37543, in the third column, paragraph (a)(4)(i), ‘‘Electronic Support (ES)’’ is removed, and ‘‘ES’’ is added in its place. ■ 6. On page 37544, in the second column, Note 1 to paragraph (a), the ■ E:\FR\FM\29DER1.SGM 29DER1 ER29DE14.032</GPH> * Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations quotations surrounding the phrase ‘‘Low Probability of Intercept’’ are removed. ■ 7. On page 37544, in the third column, paragraph (c)(6), a space is added to read ‘‘30 dB.’’ ■ 8. On page 37544, in the third column, paragraph (c)(8), a comma is added after ‘‘e.g.’’ and the single quotation marks surrounding the phrase ‘‘specially designed’’ are removed. ■ 9. On page 37545, in the first column, paragraph (c)(10)(ii), ‘‘1 second’’ is removed, and ‘‘one second’’ is added in its place. ■ 10. On page 37545, in the third column, paragraph (d), the term ‘‘enumerated’’ is removed, and ‘‘described’’ is added in its place. The following correcting amendments are made to part 126: PART 126—GENERAL POLICIES AND PROVISIONS 11. The authority citation for part 126 continues to read as follows: ■ Authority: Secs. 2, 38, 40, 42, and 71, Pub. L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2780, 2791, and 2797); 22 U.S.C. 2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR, 1994 Comp., p. 899; Sec. 1225, Pub. L. 108– 375; Sec. 7089, Pub. L. 111–117; Pub. L. 111– 266; Sections 7045 and 7046, Pub. L. 112–74; E.O. 13637, 78 FR 16129. § 126.6 ■ 77885 [Amended] 12. In § 126.6: a. Paragraph (c)(4) is removed, and the paragraphs (c)(5), (6), and (7) are redesignated as paragraphs (c)(4), (5), and (6). ■ b. In newly redesignated paragraph (c)(5)(ii) the phrase ‘‘Shippers Export Declaration’’ is removed and ‘‘Electronic Export Information (EEI)’’ is added in its place. ■ c. Paragraph (c)(7)(iv) is removed. ■ 13. Supplement No. 1 to part 126 is revised to read as follows: ■ SUPPLEMENT NO. 1 TO PART 126 [Supplement No. 1*—*An ‘‘X’’ in the chart indicates that the item is excluded from use under the exemption referenced in the top of the column. An item excluded in any one row is excluded regardless of whether other rows may contain a description that would include the item.] USML Category Exclusion (CA) § 126.5 (AS) § 126.16 (UK) § 126.17 I–XXI ............................... I–XXI ............................... Classified defense articles and services. See Note 1 ............................... Defense articles listed in the Missile Technology Control Regime (MTCR) Annex. U.S. origin defense articles and services used for marketing purposes and not previously licensed for export in accordance with this subchapter. Defense services for or technical data related to defense articles identified in this supplement as excluded from the Canadian exemption. Any transaction involving the export of defense articles and services for which congressional notification is required in accordance with § 123.15 and § 124.11 of this subchapter. See Note 17. U.S. origin defense articles and services specific to developmental systems that have not obtained written Milestone B approval from the U.S. Department of Defense milestone approval authority, unless such export is pursuant to a written solicitation or contract issued or awarded by the U.S. Department of Defense for an end-use identified in paragraph (e)(1), (e)(2), or (e)(4) of § 126.16 or § 126.17 of this subchapter and is consistent with other exclusions of this supplement. Nuclear weapons strategic delivery systems and all components, parts, accessories, and attachments specifically designed for such systems and associated equipment. Defense articles and services specific to the existence or method of compliance with anti-tamper measures, where such measures are readily identifiable, made at originating Government direction. Defense articles and services specific to reduced observables or counter low observables in any part of the spectrum. See Note 2. Defense articles and services specific to sensor fusion beyond that required for display or identification correlation. See Note 3. Defense articles and services specific to the automatic target acquisition or recognition and cueing of multiple autonomous unmanned systems. Nuclear power generating equipment or propulsion equipment (e.g., nuclear reactors), specifically designed for military use and components therefor, specifically designed for military use. See also § 123.20 of this subchapter. Libraries (parametric technical databases) specially designed for military use with equipment controlled on the USML. See Note 13. Defense services or technical data specific to applied research as defined in § 125.4(c)(3) of this subchapter, design methodology as defined in § 125.4(c)(4) of this subchapter, engineering analysis as defined in § 125.4(c)(5) of this subchapter, or manufacturing know-how as defined in § 125.4(c)(6) of this subchapter. See Note 12. Defense services other than those required to prepare a quote or bid proposal in response to a written request from a department or agency of the United States Federal Government or from a Canadian Federal, Provincial, or Territorial Government; or defense services other than those required to produce, design, assemble, maintain or service a defense article for use by a registered U.S. company, or a U.S. Federal Government Program, or for end-use in a Canadian Federal, Provincial, or Territorial Government Program. See Note 14. X X X X X X .................... X X X .................... .................... X .................... .................... .................... X X X .................... .................... .................... X X .................... X X .................... X X .................... X X .................... .................... X .................... .................... X X .................... .................... X .................... .................... I–XXI ............................... I–XXI ............................... I–XXI ............................... I–XXI ............................... I–XXI ............................... I–XXI ............................... I–XXI ............................... I–XXI ............................... I–XXI ............................... I–XXI ............................... I–XXI ............................... mstockstill on DSK4VPTVN1PROD with RULES I–XXI ............................... I–XXI ............................... VerDate Sep<11>2014 18:05 Dec 24, 2014 Jkt 235001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\29DER1.SGM 29DER1 77886 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations SUPPLEMENT NO. 1 TO PART 126—Continued [Supplement No. 1*—*An ‘‘X’’ in the chart indicates that the item is excluded from use under the exemption referenced in the top of the column. An item excluded in any one row is excluded regardless of whether other rows may contain a description that would include the item.] USML Category Exclusion (CA) § 126.5 (AS) § 126.16 (UK) § 126.17 I ....................................... II(k) .................................. Firearms, close assault weapons, and combat shotguns ......................... Software source code related to USML Category II(c), II(d), or II(i). See Note 4. Manufacturing know-how related to USML Category II(d). See Note 5 .... Ammunition for firearms, close assault weapons, and combat shotguns listed in USML Category I. Defense articles and services specific to ammunition and fuse setting devices for guns and armament controlled in USML Category II. Manufacturing know-how related to USML Category III(d)(1) or III(d)(2) and their specially designed components. See Note 5. Software source code related to USML Category III(d)(1) or III(d)(2). See Note 4. Defense articles and services specific to man-portable air defense systems (MANPADS). See Note 6. Defense articles and services specific to rockets, designed or modified for non-military applications that do not have a range of 300 km (i.e., not controlled on the MTCR Annex). Defense articles and services specific to torpedoes ................................. Defense articles and services specific to anti-personnel landmines. See Note 15. Defense articles and services specific to cluster munitions ...................... Software source code related to USML Category IV(a), IV(b), IV(c), or IV(g). See Note 4. Manufacturing know-how related to USML Category IV(a), IV(b), IV(d), or IV(g) and their specially designed components. See Note 5. The following energetic materials and related substances: ...................... a. TATB (triaminotrinitrobenzene) (CAS 3058–38–6);. b. Explosives controlled in USML Category V(a)(38);. c. Iron powder (CAS 7439–89–6) with particle size of 3 micrometers or less produced by reduction of iron oxide with hydrogen;. d. BOBBA–8 (bis(2-methylaziridinyl)2-(2-hydroxypropanoxy) propylamino phosphine oxide), and other MAPO derivatives;. e. N-methyl-p-nitroaniline (CAS 100–15–2); or. f. Trinitrophenylmethylnitramine (tetryl) (CAS 479–45–8). ANF or ANAzF as described in USML Category V(a)(13)(iii) and (iv) ...... Difluoraminated derivative of RDX as described in USML Category V(a)(23)(iii). Pyrotechnics and pyrophorics specifically formulated for military purposes to enhance or control radiated energy in any part of the IR spectrum. Bis-2, 2-dinitropropylnitrate (BDNPN) ........................................................ Developmental explosives, propellants, pyrotechnics, fuels, oxidizers, binders, additives, or precursors therefor, funded by the Department of Defense via contract or other funding authorization in accordance with notes 1 to 3 for USML Category V(i). This exclusion does not apply if such export is pursuant to a written solicitation or contract issued or awarded by the U.S. Department of Defense for an end-use identified in paragraph (e)(1), (e)(2), or (e)(4) of § 126.16 or § 126.17 of this subchapter and is consistent with other exclusions of this supplement. Defense articles and services specific to cryogenic equipment, and specially designed components or accessories therefor, specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion and of producing or maintaining temperatures below 103 K (¥170°C). Defense articles and services specific to superconductive electrical equipment (rotating machinery and transformers) specially designed or configured to be installed in a vehicle for military ground, marine, airborne, or space applications and capable of operating while in motion. This, however, does not include direct current hybrid homopolar generators which have single-pole normal metal armatures that rotate in a magnetic field produced by superconducting windings, provided those windings are the only superconducting component in the generator. Defense articles and services specific to naval technology and systems relating to acoustic spectrum control and awareness. See Note 10. Nuclear powered vessels. .......................................................................... X .................... .................... X .................... X X X X .................... X .................... .................... .................... X X X X .................... X X X X X .................... .................... X .................... X X X X X X .................... X X X X X X X .................... .................... X .................... .................... .................... .................... X X .................... .................... X .................... .................... .................... X X X .................... .................... X .................... .................... X .................... X X X X X II(k) .................................. III ..................................... III ..................................... III(e) ................................. III(e) ................................. IV ..................................... IV ..................................... IV ..................................... IV ..................................... IV ..................................... IV(i) .................................. IV(i) .................................. V ...................................... V(a)(13) ........................... V(a)(23) ........................... V(c)(7) ............................. V(d)(3) ............................. V(i) ................................... VI ..................................... mstockstill on DSK4VPTVN1PROD with RULES VI ..................................... VI ..................................... VI(a) ................................ VerDate Sep<11>2014 18:05 Dec 24, 2014 Jkt 235001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\29DER1.SGM 29DER1 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 77887 SUPPLEMENT NO. 1 TO PART 126—Continued [Supplement No. 1*—*An ‘‘X’’ in the chart indicates that the item is excluded from use under the exemption referenced in the top of the column. An item excluded in any one row is excluded regardless of whether other rows may contain a description that would include the item.] USML Category Exclusion (CA) § 126.5 (AS) § 126.16 (UK) § 126.17 VI(e) ................................ Defense articles and services specific to naval nuclear propulsion equipment. See Note 7. Software source code related to USML Category VI(a) or VI(c). See Note 4. Defense articles and services specific to cryogenic equipment, and specially designed components or accessories therefor, specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion and of producing or maintaining temperatures below 103 K (¥170°C). Defense articles and services specific to superconductive electrical equipment (rotating machinery and transformers) specially designed or configured to be installed in a vehicle for military ground, marine, airborne, or space applications and capable of operating while in motion. This, however, does not include direct current hybrid homopolar generators which have single-pole normal metal armatures that rotate in a magnetic field produced by superconducting windings, provided those windings are the only superconducting component in the generator. Defense articles and services specific to cryogenic equipment, and specially designed components and accessories therefor, specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion and of producing or maintaining temperatures below 103 K (¥170°C). Defense articles and services specific to superconductive electrical equipment (rotating machinery and transformers) specially designed or configured to be installed in a vehicle for military ground, marine, airborne, or space applications and capable of operating while in motion. This, however, does not include direct current hybrid homopolar generators which have single-pole normal metal armatures that rotate in a magnetic field produced by superconducting windings, provided those windings are the only superconducting component in the generator. All USML Category VIII(a) items. ............................................................... Developmental aircraft parts, components, accessories, and attachments identified in USML Category VIII(f). Manufacturing know-how related to USML Category VIII(a) or VIII(e), and specially designed parts or components therefor. See Note 5. Software source code related to USML Category VIII(a) or VIII(e). See Note 4. Training or simulation equipment for Man Portable Air Defense Systems (MANPADS). See Note 6. Software source code related to USML Category IX(a) or IX(b). See Note 4. Software that is both specifically designed or modified for military use and specifically designed or modified for modeling or simulating military operational scenarios. Manufacturing know-how related to USML Category X(a)(1) or X(a)(2), and specially designed components therefor. See Note 5. Defense articles and services specific to countermeasures and countercountermeasures See Note 9. High Frequency and Phased Array Microwave Radar systems, with capabilities such as search, acquisition, tracking, moving target indication, and imaging radar systems. See Note 16. Defense articles and services specific to naval technology and systems relating to acoustic spectrum control and awareness. See Note 10. Defense articles and services specific to USML Category XI(b) (e.g., communications security (COMSEC) and TEMPEST). Software source code related to USML Category XI(a). See Note 4 ....... Manufacturing know-how related to USML Category XI(a)(3) or XI(a)(4), and specially designed components therefor. See Note 5. Defense articles and services specific to countermeasures and countercountermeasures. See Note 9. X X X .................... X X .................... .................... X .................... .................... X .................... .................... X .................... .................... X X X .................... .................... .................... .................... X X X .................... X X .................... X X .................... X X .................... .................... X X X X .................... X X .................... X .................... .................... X X .................... X X .................... X X X X X .................... X X VI(g) ................................ VII .................................... VII .................................... VIII ................................... VIII ................................... VIII(a) .............................. VIII(f) ............................... VIII(i) ................................ VIII(i) ................................ IX ..................................... IX(e) ................................ IX(e) ................................ X(e) ................................. XI(a) XI(c), XI(d) .............. XI(a) ................................ XI(a), XI(c), XI(d) ............. mstockstill on DSK4VPTVN1PROD with RULES XI(a), XI(c), XI(d) ............. XI(d) ................................ XI(d) ................................ XII .................................... VerDate Sep<11>2014 18:05 Dec 24, 2014 Jkt 235001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\29DER1.SGM 29DER1 77888 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations SUPPLEMENT NO. 1 TO PART 126—Continued [Supplement No. 1*—*An ‘‘X’’ in the chart indicates that the item is excluded from use under the exemption referenced in the top of the column. An item excluded in any one row is excluded regardless of whether other rows may contain a description that would include the item.] USML Category Exclusion (CA) § 126.5 (AS) § 126.16 (UK) § 126.17 XII .................................... Defense articles and services specific to USML Category XII(c) articles, except any 1st- and 2nd-generation image intensification tubes and 1st- and 2nd-generation image intensification night sighting equipment. End-items in USML Category XII(c) and related technical data limited to basic operations, maintenance, and training information as authorized under the exemption in § 125.4(b)(5) of this subchapter may be exported directly to a Canadian Government entity (i.e., federal, provincial, territorial, or municipal) consistent with § 126.5, other exclusions, and the provisions of this subchapter. Technical data or defense services for night vision equipment beyond basic operations, maintenance, and training data. However, the AS and UK Treaty exemptions apply when such export is pursuant to a written solicitation or contract issued or awarded by the U.S. Department of Defense for an end-use identified in paragraph (e)(1), (e)(2), or (e)(4) of § 126.16 or § 126.17 of this subchapter and is consistent with other exclusions of this supplement. Manufacturing know-how related to USML Category XII(d) and specially designed components therefor. See Note 5. Software source code related to USML Category XII(a), XII(b), XII(c), or XII(d). See Note 4. Defense articles and services specific to USML Category XIII(b) (Military Information Security Assurance Systems, cryptographic devices, software, and components). Carbon/carbon billets and preforms which are reinforced in three or more dimensional planes, specifically designed, developed, modified, configured or adapted for defense articles. Defense articles and services specific to armored plate manufactured to comply with a military standard or specification or suitable for military use. See Note 11. Defense articles and services related to concealment and deception equipment and materials. Energy conversion devices other than fuel cells ....................................... Defense articles and services related to hardware associated with the measurement or modification of system signatures for detection of defense articles as described in Note 2. Software source code related to USML Category XIII(a). See Note 4 ..... Defense articles and services related to toxicological agents, including chemical agents, biological agents, and associated equipment. Chemical agents listed in USML Category XIV(a), (d) and (e), biological agents and biologically derived substances in USML Category XIV(b), and equipment listed in USML Category XIV(f) for dissemination of the chemical agents and biological agents listed in USML Category XIV(a), (b), (d), and (e). Defense articles and services specific to spacecraft/satellites. However, the Canadian exemption may be used for commercial communications satellites that have no other type of payload. Defense articles and services specific to ground control stations for spacecraft telemetry, tracking, and control. Defense articles and services are not excluded under this entry if they do not control the spacecraft. Receivers for receiving satellite transmissions are also not excluded under this entry. Defense articles and services specific to GPS/PPS security modules ..... Defense articles controlled in USML Category XV(c) except end-items for end-use by the Federal Government of Canada exported directly or indirectly through a Canadian-registered person. Anti-jam systems with the ability to respond to incoming interference by adaptively reducing antenna gain (nulling) in the direction of the interference. Antennas having any of the following: ....................................................... a. Aperture (overall dimension of the radiating portions of the antenna) greater than 30 feet;. b. All sidelobes less than or equal to -35 dB relative to the peak of the main beam; or. c. Designed, modified, or configured to provide coverage area on the surface of the earth less than 200 nautical miles in diameter, where ‘‘coverage area’’ is defined as that area on the surface of the earth that is illuminated by the main beam width of the antenna (which is the angular distance between half power points of the beam). X .................... .................... X X X X X X .................... X X .................... X X .................... .................... X .................... .................... X .................... .................... X .................... .................... .................... X X X .................... .................... X X X X X .................... .................... X X X .................... X X .................... X X .................... X .................... X .................... .................... XII .................................... XII(f) ................................ XII(f) ................................ XIII(b) .............................. XIII(d) .............................. XIII(e) .............................. XIII(g) .............................. XIII(h) .............................. XIII(j) ................................ XIII(l) ................................ XIV .................................. XIV(a), XIV(b), XIV(d), XIV(e), XIV(f). XV(a) ............................... XV(b) ............................... XV(c) ............................... XV(c) ............................... XV(e) ............................... mstockstill on DSK4VPTVN1PROD with RULES XV(e)(1) ........................... VerDate Sep<11>2014 18:05 Dec 24, 2014 Jkt 235001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\29DER1.SGM X 29DER1 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 77889 SUPPLEMENT NO. 1 TO PART 126—Continued [Supplement No. 1*—*An ‘‘X’’ in the chart indicates that the item is excluded from use under the exemption referenced in the top of the column. An item excluded in any one row is excluded regardless of whether other rows may contain a description that would include the item.] USML Category Exclusion (CA) § 126.5 (AS) § 126.16 (UK) § 126.17 XV(e)(12) ......................... Propulsion systems which permit acceleration of the satellite on-orbit (i.e., after mission orbit injection) at rates greater than 0.1 g. Attitude determination and control systems designed to provide spacecraft pointing determination and control or payload pointing system control better than 0.02 degrees per axis. All parts, components, accessories, attachments, equipment, or systems for USML Category XV(a) items, except when specially designed for use in commercial communications satellites. Defense articles and services specific to spacecraft, ground control station systems (only for spacecraft control as controlled in USML Category XV(b)), subsystems, components, parts, accessories, attachments, and associated equipment controlled in Category XV. Technical data and defense services directly related to the other defense articles excluded from the exemptions for USML Category XV. Defense articles and services specific to design and testing of nuclear weapons. Classified articles, and technical data and defense services relating thereto, not elsewhere enumerated. See Note 1. Defense articles and services specific to directed energy weapon systems. Defense articles and services specific to gas turbine engine hot section components and to Full Authority Digital Engine Control Systems (FADEC) or Digital Electronic Engine Controls (DEEC). See Note 8. Technical data and defense services for gas turbine engine hot sections. (This does not include hardware). See Note 8. Defense articles and services related to submersible vessels, oceanographic, and associated equipment. Defense articles and services specific to naval technology and systems relating to acoustic spectrum control and awareness. See Note 10. Defense articles specific to cryogenic equipment, and specially designed components or accessories therefor, specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion and of producing or maintaining temperatures below 103 K (¥170°C). Defense articles specific to superconductive electrical equipment (rotating machinery and transformers) specially designed or configured to be installed in a vehicle for military ground, marine, airborne, or space applications and capable of operating while in motion. This, however, does not include direct current hybrid homopolar generators that have single-pole normal metal armatures which rotate in a magnetic field produced by superconducting windings, provided those windings are the only superconducting component in the generator. Nuclear powered vessels. .......................................................................... Defense articles and services specific to naval nuclear propulsion equipment. See Note 7. Defense articles and services specific to submarine combat control systems. Software source code related to USML Category XX(a). See Note 4 ...... Articles, and technical data and defense services relating thereto, not otherwise enumerated on the USML, but placed in this category by the Director, Office of Defense Trade Controls Policy. X .................... .................... X .................... .................... X .................... .................... .................... X X X X X X X X X X X .................... X X .................... X X X X X X X X .................... X X .................... .................... X .................... .................... X X X X X X X .................... X X .................... X X X X X XV(e)(10) ......................... XV(e) ............................... XV(e) ............................... XV(f) ................................ XVI .................................. XVII ................................. XVIII ................................ XIX(e), XIX(f)(1), XIX(f)(2), XIX(g). XIX(g) .............................. XX ................................... XX ................................... XX ................................... XX ................................... XX(a) ............................... XX(b) ............................... XX(c) ............................... mstockstill on DSK4VPTVN1PROD with RULES XX(d) ............................... XXI .................................. Note 1: Classified defense articles and services are not eligible for export under the Canadian exemptions. U.S. origin articles, technical data, and services controlled in USML Category XVII are not eligible for export under the UK Treaty exemption. U.S. origin classified defense articles and services are not eligible for export under either the UK or AS Treaty exemptions except when being released pursuant to a U.S. Department of Defense written request, directive, or contract that provides for the export of the defense article or service. Note 2: The phrase ‘‘any part of the spectrum’’ includes radio frequency (RF), infrared (IR), electro-optical, visual, ultraviolet (UV), acoustic, and magnetic. Defense articles related to reduced observables or counter reduced observables are defined as: (a) Signature reduction (radio frequency (RF), infrared (IR), Electro-Optical, visual, ultraviolet (UV), acoustic, magnetic, RF emissions) of defense platforms, including systems, subsystems, components, materials (including dual-purpose materials used for Electromagnetic Interference (EM) reduction), technologies, and signature prediction, test and measurement equipment and software, and material transmissivity/reflectivity prediction codes and optimization software. (b) Electronically scanned array radar, high power radars, radar processing algorithms, periscope-mounted radar systems (PATRIOT), LADAR, multistatic and IR focal plane array-based sensors, to include systems, subsystems, components, materials, and technologies. Note 3: Defense articles and services related to sensor fusion beyond that required for display or identification correlation is defined as techniques designed to automatically combine information from two or more sensors/sources for the purpose of target identification, tracking, designation, or passing of data in support of surveillance or weapons engagement. Sensor fusion involves sensors such as acoustic, infrared, electro optical, frequency, etc. Display or identification correlation refers to the combination of target detections from multiple sources for assignment of common target track designation. VerDate Sep<11>2014 18:49 Dec 24, 2014 Jkt 235001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\29DER1.SGM 29DER1 mstockstill on DSK4VPTVN1PROD with RULES 77890 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations Note 4: Software source code beyond that source code required for basic operation, maintenance, and training for programs, systems, and/or subsystems is not eligible for use of the UK or AS Treaty exemptions, unless such export is pursuant to a written solicitation or contract issued or awarded by the U.S. Department of Defense for an end-use identified in paragraph (e)(1), (e)(2), or (e)(4) of § 126.16 or § 126.17 of this subchapter and is consistent with other exclusions of this supplement. Note 5: Manufacturing know-how, as defined in § 125.4(c)(6) of this subchapter, is not eligible for use of the UK or AS Treaty exemptions, unless such export is pursuant to a written solicitation or contract issued or awarded by the U.S. Department of Defense for an end-use identified in paragraph (e)(1), (e)(2), or (e)(4) of § 126.16 or § 126.17 of this subchapter and is consistent with other exclusions of this supplement. Note 6: Defense articles and services specific to Man Portable Air Defense Systems (MANPADS) includes missiles that can be used without modification in other applications. It also includes production and test equipment and components specifically designed or modified for MANPAD systems, as well as training equipment specifically designed or modified for MANPAD systems. Note 7: Naval nuclear propulsion plants includes all of USML Category VI(e). Naval nuclear propulsion information consists of technical data that concern the design, arrangement, development, manufacture, testing, operation, administration, training, maintenance, and repair of the propulsion plants of naval nuclear-powered ships and prototypes, including the associated shipboard and shore-based nuclear support facilities. Examples of defense articles covered by this exclusion include nuclear propulsion plants and nuclear submarine technologies or systems; nuclear powered vessels (see USML Categories VI and XX). Note 8: A complete gas turbine engine with embedded hot section components or digital engine controls is eligible for export or transfer under the Treaties. Technical data, other than those data required for routine external maintenance and operation, related to the hot section is not eligible for export under the Canadian exemption. Technical data, other than those data required for routine external maintenance and operation, related to the hot section or digital engine controls, as well as individual hot section parts or components are not eligible for the Treaty exemption whether shipped separately or accompanying a complete engine. Gas turbine engine hot section exempted defense article components and technology are combustion chambers and liners; high pressure turbine blades, vanes, disks and related cooled structure; cooled low pressure turbine blades, vanes, disks and related cooled structure; cooled augmenters; and cooled nozzles. Examples of gas turbine engine hot section developmental technologies are Integrated High Performance Turbine Engine Technology (IHPTET), Versatile, Affordable Advanced Turbine Engine (VAATE), and Ultra-Efficient Engine Technology (UEET), which are also excluded from export under the exemptions. Note 9: Examples of countermeasures and counter-countermeasures related to defense articles not exportable under the AS or UK Treaty exemptions are: (a) IR countermeasures; (b) Classified techniques and capabilities; (c) Exports for precision radio frequency location that directly or indirectly supports fire control and is used for situation awareness, target identification, target acquisition, and weapons targeting and Radio Direction Finding (RDF) capabilities. Precision RF location is defined as angle of arrival accuracy of less than five degrees (RMS) and RF emitter location of less than ten percent range error; (d) Providing the capability to reprogram; and (e) Acoustics (including underwater), active and passive countermeasures, and counter-countermeasures Note 10: Examples of defense articles covered by this exclusion include underwater acoustic vector sensors; acoustic reduction; off-board, underwater, active and passive sensing, propeller/propulsor technologies; fixed mobile/floating/powered detection systems which include in-buoy signal processing for target detection and classification; autonomous underwater vehicles capable of long endurance in ocean environments (manned submarines excluded); automated control algorithms embedded in on-board autonomous platforms which enable (a) group behaviors for target detection and classification, (b) adaptation to the environment or tactical situation for enhancing target detection and classification; ‘‘intelligent autonomy’’ algorithms that define the status, group (greater than 2) behaviors, and responses to detection stimuli by autonomous, underwater vehicles; and low frequency, broad band ‘‘acoustic color,’’ active acoustic ‘‘fingerprint’’ sensing for the purpose of long range, single pass identification of ocean bottom objects, buried or otherwise (controlled under Category USML XI(a)(1), (a)(2), (b), (c), and (d)). Note 11: This exclusion does not apply to the platforms (e.g., vehicles) for which the armored plates are applied. For exclusions related to the platforms, refer to the other exclusions in this list, particularly for the category in which the platform is controlled. The excluded defense articles include constructions of metallic or non-metallic materials or combinations thereof specially designed to provide protection for military systems. The phrase ‘‘suitable for military use’’ applies to any articles or materials which have been tested to level IIIA or above IAW NIJ standard 0108.01 or comparable national standard. This exclusion does not include military helmets, body armor, or other protective garments which may be exported IAW the terms of the AS or UK Treaty. Note 12: Defense services or technical data specific to applied research (§ 125.4(c)(3) of this subchapter), design methodology (§ 125.4(c)(4) of this subchapter), engineering analysis (§ 125.4(c)(5) of this subchapter), or manufacturing know-how (§ 125.4(c)(6) of this subchapter) are not eligible for export under the Canadian exemptions. However, this exclusion does not include defense services or technical data specific to buildto-print as defined in § 125.4(c)(1) of this subchapter, build/design-to-specification as defined in § 125.4(c)(2) of this subchapter, or basic research as defined in § 125.4(c)(3) of this subchapter, or maintenance (i.e., inspection, testing, calibration or repair, including overhaul, reconditioning and one-to-one replacement of any defective items parts or components, but excluding any modification, enhancement, upgrade or other form of alteration or improvement that changes the basic performance of the item) of non-excluded defense articles which may be exported subject to other exclusions or terms of the Canadian exemptions. Note 13: The term ‘‘libraries’’ (parametric technical databases) means a collection of technical information of a military nature, reference to which may enhance the performance of military equipment or systems. Note 14: In order to utilize the authorized defense services under the Canadian exemption, the following must be complied with: (a) The Canadian contractor and subcontractor must certify, in writing, to the U.S. exporter that the technical data and defense services being exported will be used only for an activity identified in Supplement No. 1 to part 126 of this subchapter and in accordance with § 126.5 of this subchapter; and (b) A written arrangement between the U.S. exporter and the Canadian recipient must: (1) Limit delivery of the defense articles being produced directly to an identified manufacturer in the United States registered in accordance with part 122 of this subchapter; a department or agency of the United States Federal Government; a Canadian-registered person authorized in writing to manufacture defense articles by and for the Government of Canada; a Canadian Federal, Provincial, or Territorial Government; (2) Prohibit the disclosure of the technical data to any other contractor or subcontractor who is not a Canadian-registered person; (3) Provide that any subcontract contain all the limitations of § 126.5 of this subchapter; (4) Require that the Canadian contractor, including subcontractors, destroy or return to the U.S. exporter in the United States all of the technical data exported pursuant to the contract or purchase order upon fulfillment of the contract, unless for use by a Canadian or United States Government entity that requires in writing the technical data be maintained. The U.S. exporter must be provided written certification that the technical data is being retained or destroyed; and (5) Include a clause requiring that all documentation created from U.S. origin technical data contain the statement that, ‘‘This document contains technical data, the use of which is restricted by the U.S. Arms Export Control Act. This data has been provided in accordance with, and is subject to, the limitations specified in § 126.5 of the International Traffic in Arms Regulations (ITAR). By accepting this data, the consignee agrees to honor the requirements of the ITAR.’’ (c) The U.S. exporter must provide the Directorate of Defense Trade Controls a semi-annual report regarding all of their on-going activities authorized under § 126.5 of this subchapter. The report shall include the article(s) being produced; the end-user(s); the end-item into which the product is to be incorporated; the intended end-use of the product; and the names and addresses of all the Canadian contractors and subcontractors. Note 15: This exclusion does not apply to demining equipment in support of the clearance of landmines and unexploded ordnance for humanitarian purposes. VerDate Sep<11>2014 18:49 Dec 24, 2014 Jkt 235001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\29DER1.SGM 29DER1 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 77891 As used in this exclusion, ‘‘anti-personnel landmine’’ means any mine placed under, on, or near the ground or other surface area, or delivered by artillery, rocket, mortar, or similar means or dropped from an aircraft and which is designed to be detonated or exploded by the presence, proximity, or contact of a person; any device or material which is designed, constructed, or adapted to kill or injure and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act; any manually-emplaced munition or device designed to kill, injure, or damage and which is actuated by remote control or automatically after a lapse of time. Note 16: The radar systems described are controlled in USML Category XI(a)(3)(i) through (v). As used in this entry, the term ‘‘systems’’ includes equipment, devices, software, assemblies, modules, components, practices, processes, methods, approaches, schema, frameworks, and models. Note 17: This exclusion does not apply to the export of defense articles previously notified to Congress pursuant to § 123.15 or § 124.11 of this subchapter. For use of the Australian and UK exemptions for congressional notification, see § 126.16(o) and § 126.17(o). Rose E. Gottemoeller, Under Secretary, Arms Control and International Security, Department of State. [FR Doc. 2014–30232 Filed 12–24–14; 8:45 am] BILLING CODE 4710–25–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 9 and 721 [EPA–HQ–OPPT–2010–0573; FRL–9915–60] RIN 2070–AJ73 Benzidine-Based Chemical Substances; Di-n-pentyl Phthalate (DnPP); and Alkanes, C12-13, Chloro; Significant New Use Rule Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: Under the Toxic Substances Control Act (TSCA), EPA is promulgating a significant new use rule (SNUR) to add nine benzidine-based chemical substances to the existing SNUR on benzidine-based chemical substances. With respect to both the newly-added benzidine-based chemical substances and the previously-listed benzidine-based chemical substances, this rule makes inapplicable the exemption relating to persons that import or process substances as part of an article. EPA is also promulgating a SNUR for di-n-pentyl phthalate (DnPP) and a SNUR for alkanes, C12-13, chloro. These actions require persons who intend to manufacture (defined by statute to include import) or process these chemical substances for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing such manufacture or processing. The required notifications will provide EPA with the opportunity to evaluate activities associated with a significant new use and, if necessary based on the information available at that time, an opportunity to protect against potential unreasonable risks, if any, from that activity before it occurs. EPA is also making a technical amendment to the codified list of control numbers for approved information collection mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 18:49 Dec 24, 2014 Jkt 235001 activities so that it includes the control number assigned by the Office of Management and Budget (OMB) to the information collection activities contained in this rule. DATES: This final rule is effective February 27, 2015. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPPT–2010–0573, is available at https://www.regulations.gov or at the Office of Pollution Prevention and Toxics Docket (OPPT Docket), EPA Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPPT Docket is (202) 566–0280. Please review the visitor instructions and additional information about the docket available at https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: For technical information contact: Sara Kemme, National Program Chemicals Division (7404T), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (202) 566–0511; email address: kemme.sara@epa.gov. For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– 1404; email address: TSCA-Hotline@ epa.gov. SUPPLEMENTARY INFORMATION: I. Executive Summary A. Does this action apply to me? These three different SNURs may apply to different entities. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. 1. Benzidine-based chemical substances. You may be potentially affected by this action if you manufacture (defined by statute to PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 include import), or process, including as part of an article, any of the benzidinebased chemical substances listed in Tables 1 and 2 of the regulatory text in this document. Potentially affected entities may include, but are not limited to: • Manufacturers or processors of one or more of the subject chemical substances. • Entities which plan to use the listed chemical substances in conjunction with apparel and other finished products made from fabrics, leather, and similar materials. • Entities which plan to use the listed chemical substances in conjunction with paper and allied products. • Manufacturers or processors of the subject chemical substances in printing inks. These entities may include those described by the NAICS codes 325— chemical manufacturing, 31—textile manufacturers, 316—leather and allied products manufacturers, 322—paper manufacturers, 4243 apparel, piece goods, and notions wholesalers, or 443—clothing and accessories stores. 2. DnPP. You may be potentially affected by this action if you manufacture (defined by statute to include import), or process DnPP. Potentially affected entities may include, but are not limited to: Chemical industry—plastic material and resins (NAICS code 325211). 3. Alkanes, C12-13, chloro (CAS No. 71011–12–6). You may be potentially affected by this action if you manufacture or process the following short-chained chlorinated paraffin (SCCP): Alkanes, C12-13, chloro (CAS No. 71011–12–6). Potentially affected entities may include, but are not limited to: Manufacturers of SCCPs (NAICS codes 325 and 325998), chemical manufacturing; including miscellaneous chemical product and preparation manufacturing; and processors of SCCPs (NAICS codes 324 and 324191), petroleum lubricating oil and grease manufacturing. This action may also affect certain entities through pre-existing import certification and export notification rules under TSCA. Persons who import any chemical substance governed by a final SNUR are subject to the TSCA section 13 (15 U.S.C. 2612) import E:\FR\FM\29DER1.SGM 29DER1

Agencies

DEPARTMENT OF STATE

[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Rules and Regulations]
[Pages 77884-77891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30232]

=======================================================================
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DEPARTMENT OF STATE

22 CFR Parts 121 and 126

RIN 1400-AD25
[Public Notice 8979]

Amendment to the International Traffic in Arms Regulations:
United States Munitions List Category XI (Military Electronics),
Correction, and Other Changes

AGENCY: Department of State.

ACTION: Final rule; correction and correcting amendments.

-----------------------------------------------------------------------

SUMMARY: The Department of State is correcting a final rule that
appeared in the Federal Register of July 1, 2014 (79 FR 37536) and
making other, minor changes.

DATES: This rule is effective on December 30, 2014.

FOR FURTHER INFORMATION CONTACT: Mr. C. Edward Peartree, Director,
Office of Defense Trade Controls Policy, Department of State, telephone
(202) 663-2792; email DDTCPublicComments@state.gov. ATTN: Regulatory
Change, USML Category XI Final Rule, Correction. The Department of
State's full retrospective plan can be accessed at https://www.state.gov/documents/organization/181028.pdf.

SUPPLEMENTARY INFORMATION: The Department is correcting the rule,
``Amendment to the International Traffic in Arms Regulations: United
States Munitions List Category XI (Military Electronics), and Other
Changes'' published in the Federal Register of July 1, 2014 (79 FR
37536), and effective on December 30, 2014. The changes in this rule
are meant to clarify the regulation by revising certain text and
providing conforming updates to Supplement No. 1 to part 126, taking
into account revisions made to the USML categories in the rule
published on July 1, 2014.
Additionally, minor corrections are made to section 126.6, as
follows: 1) subparagraph (c)(4) is deleted to account for a previous
revision to section 126.1 that excepts section 126.6; 2) subparagraph
(c)(6)(ii) is revised to replace the obsolete term, ``Shippers Export
Declaration'' with the correct term, ``Electronic Export Information;''
and, subparagraph (c)(7)(iv) is deleted to remove reference to the
obsolete ``Direct Shipment Verification Program.''
Pursuant to ECR, the Department of Commerce has been publishing
revisions to the Export Administration Regulations, including various
revisions to the Commerce Control List (CCL). Revision of the USML and
CCL are coordinated so there is uninterrupted regulatory coverage for
items moving from the jurisdiction of the Department of State to that
of the Department of Commerce.
The following corrections are made to the rule, ``Amendment to the
International Traffic in Arms Regulations: United States Munitions List
Category XI (Military Electronics), and Other Changes'' published in
the Federal Register of July 1, 2014 (79 FR 37536), and effective on
December 30, 2014:

PART 121--[CORRECTED]

Sec. 121.1 [Corrected]

0
1. On page 37542, in the third column, paragraph (a)(3)(vi),
``Revolutions-per-Minute'' is removed and ``revolutions per minute'' is
added in its place.
0
2. On page 37543, in the first column, paragraph (a)(3)(xiii), ``III or
IV'' is removed and ``III, IV, or XV'' is added in its place.
0
3. On page 37543, in the first column, Note to paragraph (a)(3)(xvii),
the quotations surrounding the phrase ``Normalized Clutter
Attenuation'' are removed.
0
4. On page 37543, in the first column, paragraph (a)(3)(xviii),
``(EP)'' is removed.
0
5. On page 37543, in the third column, paragraph (a)(4)(i),
``Electronic Support (ES)'' is removed, and ``ES'' is added in its
place.
0
6. On page 37544, in the second column, Note 1 to paragraph (a), the

[[Page 77885]]

quotations surrounding the phrase ``Low Probability of Intercept'' are
removed.
0
7. On page 37544, in the third column, paragraph (c)(6), a space is
added to read ``30 dB.''
0
8. On page 37544, in the third column, paragraph (c)(8), a comma is
added after ``e.g.'' and the single quotation marks surrounding the
phrase ``specially designed'' are removed.
0
9. On page 37545, in the first column, paragraph (c)(10)(ii), ``1
second'' is removed, and ``one second'' is added in its place.
0
10. On page 37545, in the third column, paragraph (d), the term
``enumerated'' is removed, and ``described'' is added in its place.
The following correcting amendments are made to part 126:

PART 126--GENERAL POLICIES AND PROVISIONS

0
11. The authority citation for part 126 continues to read as follows:

Authority: Secs. 2, 38, 40, 42, and 71, Pub. L. 90-629, 90
Stat. 744 (22 U.S.C. 2752, 2778, 2780, 2791, and 2797); 22 U.S.C.
2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR, 1994 Comp.,
p. 899; Sec. 1225, Pub. L. 108-375; Sec. 7089, Pub. L. 111-117; Pub.
L. 111-266; Sections 7045 and 7046, Pub. L. 112-74; E.O. 13637, 78
FR 16129.

Sec. 126.6 [Amended]

0
12. In Sec. 126.6:

0
a. Paragraph (c)(4) is removed, and the paragraphs (c)(5), (6), and (7)
are redesignated as paragraphs (c)(4), (5), and (6).
0
b. In newly redesignated paragraph (c)(5)(ii) the phrase ``Shippers
Export Declaration'' is removed and ``Electronic Export Information
(EEI)'' is added in its place.
0
c. Paragraph (c)(7)(iv) is removed.

0
13. Supplement No. 1 to part 126 is revised to read as follows:

Supplement No. 1 to Part 126
[Supplement No. 1*--*An ``X'' in the chart indicates that the item is excluded from use under the exemption
referenced in the top of the column. An item excluded in any one row is excluded regardless of whether other
rows may contain a description that would include the item.]
----------------------------------------------------------------------------------------------------------------
(CA) Sec. (AS) Sec. (UK) Sec.
USML Category Exclusion 126.5 126.16 126.17
----------------------------------------------------------------------------------------------------------------
I-XXI................................. Classified defense articles X X X
and services. See Note 1.
I-XXI................................. Defense articles listed in the X X X
Missile Technology Control
Regime (MTCR) Annex.
I-XXI................................. U.S. origin defense articles ............ X X
and services used for
marketing purposes and not
previously licensed for
export in accordance with
this subchapter.
I-XXI................................. Defense services for or X ............ ............
technical data related to
defense articles identified
in this supplement as
excluded from the Canadian
exemption.
I-XXI................................. Any transaction involving the X ............ ............
export of defense articles
and services for which
congressional notification is
required in accordance with
Sec. 123.15 and Sec.
124.11 of this subchapter.
See Note 17.
I-XXI................................. U.S. origin defense articles ............ X X
and services specific to
developmental systems that
have not obtained written
Milestone B approval from the
U.S. Department of Defense
milestone approval authority,
unless such export is
pursuant to a written
solicitation or contract
issued or awarded by the U.S.
Department of Defense for an
end-use identified in
paragraph (e)(1), (e)(2), or
(e)(4) of Sec. 126.16 or
Sec. 126.17 of this
subchapter and is consistent
with other exclusions of this
supplement.
I-XXI................................. Nuclear weapons strategic X ............ ............
delivery systems and all
components, parts,
accessories, and attachments
specifically designed for
such systems and associated
equipment.
I-XXI................................. Defense articles and services ............ X X
specific to the existence or
method of compliance with
anti-tamper measures, where
such measures are readily
identifiable, made at
originating Government
direction.
I-XXI................................. Defense articles and services ............ X X
specific to reduced
observables or counter low
observables in any part of
the spectrum. See Note 2.
I-XXI................................. Defense articles and services ............ X X
specific to sensor fusion
beyond that required for
display or identification
correlation. See Note 3.
I-XXI................................. Defense articles and services ............ X X
specific to the automatic
target acquisition or
recognition and cueing of
multiple autonomous unmanned
systems.
I-XXI................................. Nuclear power generating ............ ............ X
equipment or propulsion
equipment (e.g., nuclear
reactors), specifically
designed for military use and
components therefor,
specifically designed for
military use. See also Sec.
123.20 of this subchapter.
I-XXI................................. Libraries (parametric ............ ............ X
technical databases)
specially designed for
military use with equipment
controlled on the USML. See
Note 13.
I-XXI................................. Defense services or technical X ............ ............
data specific to applied
research as defined in Sec.
125.4(c)(3) of this
subchapter, design
methodology as defined in
Sec. 125.4(c)(4) of this
subchapter, engineering
analysis as defined in Sec.
125.4(c)(5) of this
subchapter, or manufacturing
know-how as defined in Sec.
125.4(c)(6) of this
subchapter. See Note 12.
I-XXI................................. Defense services other than X ............ ............
those required to prepare a
quote or bid proposal in
response to a written request
from a department or agency
of the United States Federal
Government or from a Canadian
Federal, Provincial, or
Territorial Government; or
defense services other than
those required to produce,
design, assemble, maintain or
service a defense article for
use by a registered U.S.
company, or a U.S. Federal
Government Program, or for
end-use in a Canadian
Federal, Provincial, or
Territorial Government
Program. See Note 14.

[[Page 77886]]

I..................................... Firearms, close assault X ............ ............
weapons, and combat shotguns.
II(k)................................. Software source code related ............ X X
to USML Category II(c),
II(d), or II(i). See Note 4.
II(k)................................. Manufacturing know-how related X X X
to USML Category II(d). See
Note 5.
III................................... Ammunition for firearms, close X ............ ............
assault weapons, and combat
shotguns listed in USML
Category I.
III................................... Defense articles and services ............ ............ X
specific to ammunition and
fuse setting devices for guns
and armament controlled in
USML Category II.
III(e)................................ Manufacturing know-how related X X X
to USML Category III(d)(1) or
III(d)(2) and their specially
designed components. See Note
5.
III(e)................................ Software source code related ............ X X
to USML Category III(d)(1) or
III(d)(2). See Note 4.
IV.................................... Defense articles and services X X X
specific to man-portable air
defense systems (MANPADS).
See Note 6.
IV.................................... Defense articles and services ............ ............ X
specific to rockets, designed
or modified for non-military
applications that do not have
a range of 300 km (i.e., not
controlled on the MTCR Annex).
IV.................................... Defense articles and services ............ X X
specific to torpedoes.
IV.................................... Defense articles and services X X X
specific to anti-personnel
landmines. See Note 15.
IV.................................... Defense articles and services X X X
specific to cluster munitions.
IV(i)................................. Software source code related ............ X X
to USML Category IV(a),
IV(b), IV(c), or IV(g). See
Note 4.
IV(i)................................. Manufacturing know-how related X X X
to USML Category IV(a),
IV(b), IV(d), or IV(g) and
their specially designed
components. See Note 5.
V..................................... The following energetic ............ ............ X
materials and related
substances:.
a. TATB
(triaminotrinitrobenzene)
(CAS 3058-38-6);.
b. Explosives controlled in
USML Category V(a)(38);.
c. Iron powder (CAS 7439-89-6)
with particle size of 3
micrometers or less produced
by reduction of iron oxide
with hydrogen;.
d. BOBBA-8 (bis(2-
methylaziridinyl)2-(2-
hydroxypropanoxy) propylamino
phosphine oxide), and other
MAPO derivatives;.
e. N-methyl-p-nitroaniline
(CAS 100-15-2); or.
f.
Trinitrophenylmethylnitramine
(tetryl) (CAS 479-45-8).
V(a)(13).............................. ANF or ANAzF as described in ............ ............ X
USML Category V(a)(13)(iii)
and (iv).
V(a)(23).............................. Difluoraminated derivative of ............ ............ X
RDX as described in USML
Category V(a)(23)(iii).
V(c)(7)............................... Pyrotechnics and pyrophorics ............ ............ X
specifically formulated for
military purposes to enhance
or control radiated energy in
any part of the IR spectrum.
V(d)(3)............................... Bis-2, 2-dinitropropylnitrate ............ ............ X
(BDNPN).
V(i).................................. Developmental explosives, ............ X X
propellants, pyrotechnics,
fuels, oxidizers, binders,
additives, or precursors
therefor, funded by the
Department of Defense via
contract or other funding
authorization in accordance
with notes 1 to 3 for USML
Category V(i). This exclusion
does not apply if such export
is pursuant to a written
solicitation or contract
issued or awarded by the U.S.
Department of Defense for an
end-use identified in
paragraph (e)(1), (e)(2), or
(e)(4) of Sec. 126.16 or
Sec. 126.17 of this
subchapter and is consistent
with other exclusions of this
supplement.
VI.................................... Defense articles and services ............ ............ X
specific to cryogenic
equipment, and specially
designed components or
accessories therefor,
specially designed or
configured to be installed in
a vehicle for military
ground, marine, airborne or
space applications, capable
of operating while in motion
and of producing or
maintaining temperatures
below 103 K (-170[deg]C).
VI.................................... Defense articles and services ............ ............ X
specific to superconductive
electrical equipment
(rotating machinery and
transformers) specially
designed or configured to be
installed in a vehicle for
military ground, marine,
airborne, or space
applications and capable of
operating while in motion.
This, however, does not
include direct current hybrid
homopolar generators which
have single-pole normal metal
armatures that rotate in a
magnetic field produced by
superconducting windings,
provided those windings are
the only superconducting
component in the generator.
VI.................................... Defense articles and services ............ X X
specific to naval technology
and systems relating to
acoustic spectrum control and
awareness. See Note 10.
VI(a)................................. Nuclear powered vessels....... X X X

[[Page 77887]]

VI(e)................................. Defense articles and services X X X
specific to naval nuclear
propulsion equipment. See
Note 7.
VI(g)................................. Software source code related ............ X X
to USML Category VI(a) or
VI(c). See Note 4.
VII................................... Defense articles and services ............ ............ X
specific to cryogenic
equipment, and specially
designed components or
accessories therefor,
specially designed or
configured to be installed in
a vehicle for military
ground, marine, airborne or
space applications, capable
of operating while in motion
and of producing or
maintaining temperatures
below 103 K (-170[deg]C).
VII................................... Defense articles and services ............ ............ X
specific to superconductive
electrical equipment
(rotating machinery and
transformers) specially
designed or configured to be
installed in a vehicle for
military ground, marine,
airborne, or space
applications and capable of
operating while in motion.
This, however, does not
include direct current hybrid
homopolar generators which
have single-pole normal metal
armatures that rotate in a
magnetic field produced by
superconducting windings,
provided those windings are
the only superconducting
component in the generator.
VIII.................................. Defense articles and services ............ ............ X
specific to cryogenic
equipment, and specially
designed components and
accessories therefor,
specially designed or
configured to be installed in
a vehicle for military
ground, marine, airborne or
space applications, capable
of operating while in motion
and of producing or
maintaining temperatures
below 103 K (-170[deg]C).
VIII.................................. Defense articles and services ............ ............ X
specific to superconductive
electrical equipment
(rotating machinery and
transformers) specially
designed or configured to be
installed in a vehicle for
military ground, marine,
airborne, or space
applications and capable of
operating while in motion.
This, however, does not
include direct current hybrid
homopolar generators which
have single-pole normal metal
armatures that rotate in a
magnetic field produced by
superconducting windings,
provided those windings are
the only superconducting
component in the generator.
VIII(a)............................... All USML Category VIII(a) X ............ ............
items..
VIII(f)............................... Developmental aircraft parts, X ............ ............
components, accessories, and
attachments identified in
USML Category VIII(f).
VIII(i)............................... Manufacturing know-how related X X X
to USML Category VIII(a) or
VIII(e), and specially
designed parts or components
therefor. See Note 5.
VIII(i)............................... Software source code related ............ X X
to USML Category VIII(a) or
VIII(e). See Note 4.
IX.................................... Training or simulation ............ X X
equipment for Man Portable
Air Defense Systems
(MANPADS). See Note 6.
IX(e)................................. Software source code related ............ X X
to USML Category IX(a) or
IX(b). See Note 4.
IX(e)................................. Software that is both ............ ............ X
specifically designed or
modified for military use and
specifically designed or
modified for modeling or
simulating military
operational scenarios.
X(e).................................. Manufacturing know-how related X X X
to USML Category X(a)(1) or
X(a)(2), and specially
designed components therefor.
See Note 5.
XI(a) XI(c), XI(d).................... Defense articles and services ............ X X
specific to countermeasures
and counter- countermeasures
See Note 9.
XI(a)................................. High Frequency and Phased ............ X ............
Array Microwave Radar
systems, with capabilities
such as search, acquisition,
tracking, moving target
indication, and imaging radar
systems. See Note 16.
XI(a), XI(c), XI(d)................... Defense articles and services ............ X X
specific to naval technology
and systems relating to
acoustic spectrum control and
awareness. See Note 10.
XI(a), XI(c), XI(d)................... Defense articles and services ............ X X
specific to USML Category
XI(b) (e.g., communications
security (COMSEC) and
TEMPEST).
XI(d)................................. Software source code related ............ X X
to USML Category XI(a). See
Note 4.
XI(d)................................. Manufacturing know-how related X X X
to USML Category XI(a)(3) or
XI(a)(4), and specially
designed components therefor.
See Note 5.
XII................................... Defense articles and services ............ X X
specific to countermeasures
and counter- countermeasures.
See Note 9.

[[Page 77888]]

XII................................... Defense articles and services X ............ ............
specific to USML Category
XII(c) articles, except any
1st- and 2nd-generation image
intensification tubes and 1st-
and 2nd-generation image
intensification night
sighting equipment. End-items
in USML Category XII(c) and
related technical data
limited to basic operations,
maintenance, and training
information as authorized
under the exemption in Sec.
125.4(b)(5) of this
subchapter may be exported
directly to a Canadian
Government entity (i.e.,
federal, provincial,
territorial, or municipal)
consistent with Sec. 126.5,
other exclusions, and the
provisions of this subchapter.
XII................................... Technical data or defense X X X
services for night vision
equipment beyond basic
operations, maintenance, and
training data. However, the
AS and UK Treaty exemptions
apply when such export is
pursuant to a written
solicitation or contract
issued or awarded by the U.S.
Department of Defense for an
end-use identified in
paragraph (e)(1), (e)(2), or
(e)(4) of Sec. 126.16 or
Sec. 126.17 of this
subchapter and is consistent
with other exclusions of this
supplement.
XII(f)................................ Manufacturing know-how related X X X
to USML Category XII(d) and
specially designed components
therefor. See Note 5.
XII(f)................................ Software source code related ............ X X
to USML Category XII(a),
XII(b), XII(c), or XII(d).
See Note 4.
XIII(b)............................... Defense articles and services ............ X X
specific to USML Category
XIII(b) (Military Information
Security Assurance Systems,
cryptographic devices,
software, and components).
XIII(d)............................... Carbon/carbon billets and ............ ............ X
preforms which are reinforced
in three or more dimensional
planes, specifically
designed, developed,
modified, configured or
adapted for defense articles.
XIII(e)............................... Defense articles and services ............ ............ X
specific to armored plate
manufactured to comply with a
military standard or
specification or suitable for
military use. See Note 11.
XIII(g)............................... Defense articles and services ............ ............ X
related to concealment and
deception equipment and
materials.
XIII(h)............................... Energy conversion devices ............ ............ X
other than fuel cells.
XIII(j)............................... Defense articles and services ............ X X
related to hardware
associated with the
measurement or modification
of system signatures for
detection of defense articles
as described in Note 2.
XIII(l)............................... Software source code related ............ X X
to USML Category XIII(a). See
Note 4.
XIV................................... Defense articles and services ............ X X
related to toxicological
agents, including chemical
agents, biological agents,
and associated equipment.
XIV(a), XIV(b), XIV(d), XIV(e), XIV(f) Chemical agents listed in USML X ............ ............
Category XIV(a), (d) and (e),
biological agents and
biologically derived
substances in USML Category
XIV(b), and equipment listed
in USML Category XIV(f) for
dissemination of the chemical
agents and biological agents
listed in USML Category
XIV(a), (b), (d), and (e).
XV(a)................................. Defense articles and services X X X
specific to spacecraft/
satellites. However, the
Canadian exemption may be
used for commercial
communications satellites
that have no other type of
payload.
XV(b)................................. Defense articles and services ............ X X
specific to ground control
stations for spacecraft
telemetry, tracking, and
control. Defense articles and
services are not excluded
under this entry if they do
not control the spacecraft.
Receivers for receiving
satellite transmissions are
also not excluded under this
entry.
XV(c)................................. Defense articles and services ............ X X
specific to GPS/PPS security
modules.
XV(c)................................. Defense articles controlled in X ............ ............
USML Category XV(c) except
end-items for end-use by the
Federal Government of Canada
exported directly or
indirectly through a Canadian-
registered person.
XV(e)................................. Anti-jam systems with the X ............ ............
ability to respond to
incoming interference by
adaptively reducing antenna
gain (nulling) in the
direction of the interference.
XV(e)(1).............................. Antennas having any of the X
following:.
a. Aperture (overall dimension
of the radiating portions of
the antenna) greater than 30
feet;.
b. All sidelobes less than or
equal to -35 dB relative to
the peak of the main beam; or.
c. Designed, modified, or
configured to provide
coverage area on the surface
of the earth less than 200
nautical miles in diameter,
where ``coverage area'' is
defined as that area on the
surface of the earth that is
illuminated by the main beam
width of the antenna (which
is the angular distance
between half power points of
the beam).

[[Page 77889]]

XV(e)(12)............................. Propulsion systems which X ............ ............
permit acceleration of the
satellite on-orbit (i.e.,
after mission orbit
injection) at rates greater
than 0.1 g.
XV(e)(10)............................. Attitude determination and X ............ ............
control systems designed to
provide spacecraft pointing
determination and control or
payload pointing system
control better than 0.02
degrees per axis.
XV(e)................................. All parts, components, X ............ ............
accessories, attachments,
equipment, or systems for
USML Category XV(a) items,
except when specially
designed for use in
commercial communications
satellites.
XV(e)................................. Defense articles and services ............ X X
specific to spacecraft,
ground control station
systems (only for spacecraft
control as controlled in USML
Category XV(b)), subsystems,
components, parts,
accessories, attachments, and
associated equipment
controlled in Category XV.
XV(f)................................. Technical data and defense X X X
services directly related to
the other defense articles
excluded from the exemptions
for USML Category XV.
XVI................................... Defense articles and services X X X
specific to design and
testing of nuclear weapons.
XVII.................................. Classified articles, and X X X
technical data and defense
services relating thereto,
not elsewhere enumerated. See
Note 1.
XVIII................................. Defense articles and services ............ X X
specific to directed energy
weapon systems.
XIX(e), XIX(f)(1), XIX(f)(2), XIX(g).. Defense articles and services ............ X X
specific to gas turbine
engine hot section components
and to Full Authority Digital
Engine Control Systems
(FADEC) or Digital Electronic
Engine Controls (DEEC). See
Note 8.
XIX(g)................................ Technical data and defense X X X
services for gas turbine
engine hot sections. (This
does not include hardware).
See Note 8.
XX.................................... Defense articles and services X X X
related to submersible
vessels, oceanographic, and
associated equipment.
XX.................................... Defense articles and services ............ X X
specific to naval technology
and systems relating to
acoustic spectrum control and
awareness. See Note 10.
XX.................................... Defense articles specific to ............ ............ X
cryogenic equipment, and
specially designed components
or accessories therefor,
specially designed or
configured to be installed in
a vehicle for military
ground, marine, airborne or
space applications, capable
of operating while in motion
and of producing or
maintaining temperatures
below 103 K (-170[deg]C).
XX.................................... Defense articles specific to ............ ............ X
superconductive electrical
equipment (rotating machinery
and transformers) specially
designed or configured to be
installed in a vehicle for
military ground, marine,
airborne, or space
applications and capable of
operating while in motion.
This, however, does not
include direct current hybrid
homopolar generators that
have single-pole normal metal
armatures which rotate in a
magnetic field produced by
superconducting windings,
provided those windings are
the only superconducting
component in the generator.
XX(a)................................. Nuclear powered vessels....... X X X
XX(b)................................. Defense articles and services X X X
specific to naval nuclear
propulsion equipment. See
Note 7.
XX(c)................................. Defense articles and services ............ X X
specific to submarine combat
control systems.
XX(d)................................. Software source code related ............ X X
to USML Category XX(a). See
Note 4.
XXI................................... Articles, and technical data X X X
and defense services relating
thereto, not otherwise
enumerated on the USML, but
placed in this category by
the Director, Office of
Defense Trade Controls Policy.
----------------------------------------------------------------------------------------------------------------
Note 1: Classified defense articles and services are not eligible for export under the Canadian exemptions. U.S.
origin articles, technical data, and services controlled in USML Category XVII are not eligible for export
under the UK Treaty exemption. U.S. origin classified defense articles and services are not eligible for
export under either the UK or AS Treaty exemptions except when being released pursuant to a U.S. Department of
Defense written request, directive, or contract that provides for the export of the defense article or
service.
Note 2: The phrase ``any part of the spectrum'' includes radio frequency (RF), infrared (IR), electro-optical,
visual, ultraviolet (UV), acoustic, and magnetic. Defense articles related to reduced observables or counter
reduced observables are defined as:
(a) Signature reduction (radio frequency (RF), infrared (IR), Electro-Optical, visual, ultraviolet (UV),
acoustic, magnetic, RF emissions) of defense platforms, including systems, subsystems, components, materials
(including dual-purpose materials used for Electromagnetic Interference (EM) reduction), technologies, and
signature prediction, test and measurement equipment and software, and material transmissivity/reflectivity
prediction codes and optimization software.
(b) Electronically scanned array radar, high power radars, radar processing algorithms, periscope-mounted radar
systems (PATRIOT), LADAR, multistatic and IR focal plane array-based sensors, to include systems, subsystems,
components, materials, and technologies.
Note 3: Defense articles and services related to sensor fusion beyond that required for display or
identification correlation is defined as techniques designed to automatically combine information from two or
more sensors/sources for the purpose of target identification, tracking, designation, or passing of data in
support of surveillance or weapons engagement. Sensor fusion involves sensors such as acoustic, infrared,
electro optical, frequency, etc. Display or identification correlation refers to the combination of target
detections from multiple sources for assignment of common target track designation.

[[Page 77890]]

Note 4: Software source code beyond that source code required for basic operation, maintenance, and training for
programs, systems, and/or subsystems is not eligible for use of the UK or AS Treaty exemptions, unless such
export is pursuant to a written solicitation or contract issued or awarded by the U.S. Department of Defense
for an end-use identified in paragraph (e)(1), (e)(2), or (e)(4) of Sec. 126.16 or Sec. 126.17 of this
subchapter and is consistent with other exclusions of this supplement.
Note 5: Manufacturing know-how, as defined in Sec. 125.4(c)(6) of this subchapter, is not eligible for use of
the UK or AS Treaty exemptions, unless such export is pursuant to a written solicitation or contract issued or
awarded by the U.S. Department of Defense for an end-use identified in paragraph (e)(1), (e)(2), or (e)(4) of
Sec. 126.16 or Sec. 126.17 of this subchapter and is consistent with other exclusions of this supplement.
Note 6: Defense articles and services specific to Man Portable Air Defense Systems (MANPADS) includes missiles
that can be used without modification in other applications. It also includes production and test equipment
and components specifically designed or modified for MANPAD systems, as well as training equipment
specifically designed or modified for MANPAD systems.
Note 7: Naval nuclear propulsion plants includes all of USML Category VI(e). Naval nuclear propulsion
information consists of technical data that concern the design, arrangement, development, manufacture,
testing, operation, administration, training, maintenance, and repair of the propulsion plants of naval
nuclear-powered ships and prototypes, including the associated shipboard and shore-based nuclear support
facilities. Examples of defense articles covered by this exclusion include nuclear propulsion plants and
nuclear submarine technologies or systems; nuclear powered vessels (see USML Categories VI and XX).
Note 8: A complete gas turbine engine with embedded hot section components or digital engine controls is
eligible for export or transfer under the Treaties. Technical data, other than those data required for routine
external maintenance and operation, related to the hot section is not eligible for export under the Canadian
exemption. Technical data, other than those data required for routine external maintenance and operation,
related to the hot section or digital engine controls, as well as individual hot section parts or components
are not eligible for the Treaty exemption whether shipped separately or accompanying a complete engine. Gas
turbine engine hot section exempted defense article components and technology are combustion chambers and
liners; high pressure turbine blades, vanes, disks and related cooled structure; cooled low pressure turbine
blades, vanes, disks and related cooled structure; cooled augmenters; and cooled nozzles. Examples of gas
turbine engine hot section developmental technologies are Integrated High Performance Turbine Engine
Technology (IHPTET), Versatile, Affordable Advanced Turbine Engine (VAATE), and Ultra-Efficient Engine
Technology (UEET), which are also excluded from export under the exemptions.
Note 9: Examples of countermeasures and counter-countermeasures related to defense articles not exportable under
the AS or UK Treaty exemptions are:
(a) IR countermeasures;
(b) Classified techniques and capabilities;
(c) Exports for precision radio frequency location that directly or indirectly supports fire control and is used
for situation awareness, target identification, target acquisition, and weapons targeting and Radio Direction
Finding (RDF) capabilities. Precision RF location is defined as angle of arrival accuracy of less than five
degrees (RMS) and RF emitter location of less than ten percent range error;
(d) Providing the capability to reprogram; and
(e) Acoustics (including underwater), active and passive countermeasures, and counter-countermeasures
Note 10: Examples of defense articles covered by this exclusion include underwater acoustic vector sensors;
acoustic reduction; off-board, underwater, active and passive sensing, propeller/propulsor technologies; fixed
mobile/floating/powered detection systems which include in-buoy signal processing for target detection and
classification; autonomous underwater vehicles capable of long endurance in ocean environments (manned
submarines excluded); automated control algorithms embedded in on-board autonomous platforms which enable (a)
group behaviors for target detection and classification, (b) adaptation to the environment or tactical
situation for enhancing target detection and classification; ``intelligent autonomy'' algorithms that define
the status, group (greater than 2) behaviors, and responses to detection stimuli by autonomous, underwater
vehicles; and low frequency, broad band ``acoustic color,'' active acoustic ``fingerprint'' sensing for the
purpose of long range, single pass identification of ocean bottom objects, buried or otherwise (controlled
under Category USML XI(a)(1), (a)(2), (b), (c), and (d)).
Note 11: This exclusion does not apply to the platforms (e.g., vehicles) for which the armored plates are
applied. For exclusions related to the platforms, refer to the other exclusions in this list, particularly for
the category in which the platform is controlled.
The excluded defense articles include constructions of metallic or non-metallic materials or combinations
thereof specially designed to provide protection for military systems. The phrase ``suitable for military
use'' applies to any articles or materials which have been tested to level IIIA or above IAW NIJ standard
0108.01 or comparable national standard. This exclusion does not include military helmets, body armor, or
other protective garments which may be exported IAW the terms of the AS or UK Treaty.
Note 12: Defense services or technical data specific to applied research (Sec. 125.4(c)(3) of this
subchapter), design methodology (Sec. 125.4(c)(4) of this subchapter), engineering analysis (Sec.
125.4(c)(5) of this subchapter), or manufacturing know-how (Sec. 125.4(c)(6) of this subchapter) are not
eligible for export under the Canadian exemptions. However, this exclusion does not include defense services
or technical data specific to build-to-print as defined in Sec. 125.4(c)(1) of this subchapter, build/design-
to-specification as defined in Sec. 125.4(c)(2) of this subchapter, or basic research as defined in Sec.
125.4(c)(3) of this subchapter, or maintenance (i.e., inspection, testing, calibration or repair, including
overhaul, reconditioning and one-to-one replacement of any defective items parts or components, but excluding
any modification, enhancement, upgrade or other form of alteration or improvement that changes the basic
performance of the item) of non-excluded defense articles which may be exported subject to other exclusions or
terms of the Canadian exemptions.
Note 13: The term ``libraries'' (parametric technical databases) means a collection of technical information of
a military nature, reference to which may enhance the performance of military equipment or systems.
Note 14: In order to utilize the authorized defense services under the Canadian exemption, the following must be
complied with:
(a) The Canadian contractor and subcontractor must certify, in writing, to the U.S. exporter that the technical
data and defense services being exported will be used only for an activity identified in Supplement No. 1 to
part 126 of this subchapter and in accordance with Sec. 126.5 of this subchapter; and
(b) A written arrangement between the U.S. exporter and the Canadian recipient must:
(1) Limit delivery of the defense articles being produced directly to an identified manufacturer in the United
States registered in accordance with part 122 of this subchapter; a department or agency of the United States
Federal Government; a Canadian-registered person authorized in writing to manufacture defense articles by and
for the Government of Canada; a Canadian Federal, Provincial, or Territorial Government;
(2) Prohibit the disclosure of the technical data to any other contractor or subcontractor who is not a Canadian-
registered person;
(3) Provide that any subcontract contain all the limitations of Sec. 126.5 of this subchapter;
(4) Require that the Canadian contractor, including subcontractors, destroy or return to the U.S. exporter in
the United States all of the technical data exported pursuant to the contract or purchase order upon
fulfillment of the contract, unless for use by a Canadian or United States Government entity that requires in
writing the technical data be maintained. The U.S. exporter must be provided written certification that the
technical data is being retained or destroyed; and
(5) Include a clause requiring that all documentation created from U.S. origin technical data contain the
statement that, ``This document contains technical data, the use of which is restricted by the U.S. Arms
Export Control Act. This data has been provided in accordance with, and is subject to, the limitations
specified in Sec. 126.5 of the International Traffic in Arms Regulations (ITAR). By accepting this data, the
consignee agrees to honor the requirements of the ITAR.''
(c) The U.S. exporter must provide the Directorate of Defense Trade Controls a semi-annual report regarding all
of their on-going activities authorized under Sec. 126.5 of this subchapter. The report shall include the
article(s) being produced; the end-user(s); the end-item into which the product is to be incorporated; the
intended end-use of the product; and the names and addresses of all the Canadian contractors and
subcontractors.
Note 15: This exclusion does not apply to demining equipment in support of the clearance of landmines and
unexploded ordnance for humanitarian purposes.

[[Page 77891]]

As used in this exclusion, ``anti-personnel landmine'' means any mine placed under, on, or near the ground or
other surface area, or delivered by artillery, rocket, mortar, or similar means or dropped from an aircraft
and which is designed to be detonated or exploded by the presence, proximity, or contact of a person; any
device or material which is designed, constructed, or adapted to kill or injure and which functions
unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe
act; any manually-emplaced munition or device designed to kill, injure, or damage and which is actuated by
remote control or automatically after a lapse of time.
Note 16: The radar systems described are controlled in USML Category XI(a)(3)(i) through (v). As used in this
entry, the term ``systems'' includes equipment, devices, software, assemblies, modules, components, practices,
processes, methods, approaches, schema, frameworks, and models.
Note 17: This exclusion does not apply to the export of defense articles previously notified to Congress
pursuant to Sec. 123.15 or Sec. 124.11 of this subchapter. For use of the Australian and UK exemptions for
congressional notification, see Sec. 126.16(o) and Sec. 126.17(o).

Rose E. Gottemoeller,
Under Secretary, Arms Control and International Security, Department of
State.
[FR Doc. 2014-30232 Filed 12-24-14; 8:45 am]
BILLING CODE 4710-25-P

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