Expansion of Export, Reexport, and Transfer (in-Country) Controls for Military End Use or Military End Users in the People's Republic of China, Russia, or Venezuela, 23459-23470 [2020-07241]
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Federal Register / Vol. 85, No. 82 / Tuesday, April 28, 2020 / Rules and Regulations
air traffic service routes, and reporting
points.
The Rule
This action amends Title 14 Code of
Federal Regulations (14 CFR) part 71 by
amending RNAV route T–333. The route
changes are outlined below.
T–333: T–333 is amended from the
Fellows, CA, (FLW) VOR/DME to the
BORED, CA, waypoint. The FAA
extended the route to the southeast by
130 miles to connect to the Fellows CA,
VOR/DME NAVAID, which is the
starting point of the RNAV route. The
extension is needed for navigation in
the low altitude structure as V–485 is
being gapped in a separate rulemaking
action [Docket No. FAA–2018–0850 (83
FR 63603; December 11, 2018)] due to
the decommissioning of the Priest, CA,
VOR. The amendment removed the
KLIDE, CA, FIX due to turn criteria for
RNAV procedure development in order
to rejoin T–333 at the BORED, CA, FIX.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under Department of
Transportation (DOT) Regulatory
Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not
warrant preparation of a regulatory
evaluation as the anticipated impact is
so minimal. Since this is a routine
matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
excluded action may have a significant
environmental impact requiring further
analysis. The FAA has determined that
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment or
environmental impact study.
Environmental Review
The FAA has determined that this
action of modifying RNAV route T–333
in the western United States qualifies
for categorical exclusion under the
National Environmental Policy Act and
its implementing regulations at 40 CFR
part 1500, and in accordance with FAA
Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 5–
6.5a, which categorically excludes from
further environmental impact review
rulemaking actions that designate or
modify classes of airspace areas,
airways, routes, and reporting points
(see 14 CFR part 71, Designation of
Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and
Reporting Points). As such, this action
is not expected to result in any
significant environmental impacts. In
accordance with FAA Order 1050.1F,
paragraph 5–2 regarding Extraordinary
Circumstances, the FAA has reviewed
this action for factors and circumstances
in which a normally categorically
The Amendment
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Issued in Washington, DC, on April 23,
2020.
Scott M. Rosenbloom,
Acting Manager, Rules and Regulation Group.
[FR Doc. 2020–08946 Filed 4–27–20; 8:45 am]
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PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting
Points, dated August 8, 2019, and
effective September 15, 2019, is
amended as follows:
■
Paragraph 6011—United States Area
Navigation Routes
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Final rule.
Bureau of Industry and Security
SUMMARY:
15 CFR Parts 732, 734, 738, 742, 744,
758, and 774
RIN 0694–AH53
Expansion of Export, Reexport, and
Transfer (in-Country) Controls for
Military End Use or Military End Users
in the People’s Republic of China,
Russia, or Venezuela
Bureau of Industry and
Security, Commerce.
AGENCY:
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In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
ACTION:
[Docket No. 180212164–9483–01]
16:55 Apr 27, 2020
Airspace, Incorporation by reference,
Navigation (air).
DEPARTMENT OF COMMERCE
BILLING CODE 4910–13–P
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List of Subjects in 14 CFR Part 71
T 333 FELLOWS, CA to TIPRE, CA [Amended]
VOR/DME
(Lat. 35°05′35.10″ N, long. 119°51′56.08″
FIX
(Lat. 35°39′35.48″ N, long. 120°17′42.14″
WP
(Lat. 36°05′59.82″ N, long. 120°45′22.53″
FIX
(Lat. 36°35′29.90″ N, long. 121°06′10.37″
FIX
(Lat. 36°55′28.65″ N, long. 121°25′49.36″
FIX
(Lat. 37°02′46.62″ N, long. 121°34′06.76″
FIX
(Lat. 37°18′34.16″ N, long. 121°27′48.06″
WP
(Lat. 37°32′10.45″ N, long. 121°21′30.65″
WP
(Lat. 37°42′25.17″ N, long. 121°16′29.21″
WP
(Lat. 38°12′21.00″ N, long. 121°02′09.00″
Fellows, CA (FLW)
REDDE, CA
LKHRN, CA
RANCK, CA
HENCE, CA
GILRO, CA
BORED, CA
SMONE, CA
OOWEN, CA
TIPRE, CA
23459
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The Bureau of Industry and
Security (BIS) is amending the Export
Administration Regulations (EAR) to
expand license requirements on exports,
reexports, and transfers (in-country) of
items intended for military end use or
military end users in the People’s
Republic of China (China), Russia, or
Venezuela. Specifically, this rule
expands the licensing requirements for
China to include ‘‘military end users,’’
in addition to ‘‘military end use.’’ It
broadens the list of items for which the
licensing requirements and review
policy apply and expands the definition
of ‘‘military end use.’’ Next, it creates a
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new reason for control and the
associated review policy for regional
stability for certain items exported to
China, Russia, or Venezuela, moving
existing text related to this policy.
Finally, it adds Electronic Export
Information filing requirements in the
Automated Export System for exports to
China, Russia, and Venezuela. This rule
supports the objectives discussed in the
National Security Strategy of the United
States.
DATES:
This rule is effective June 29,
2020.
FOR FURTHER INFORMATION CONTACT:
Eileen Albanese, Director, Office of
National Security and Technology
Transfer Controls, Bureau of Industry
and Security, Department of Commerce.
Phone: (202) 482–0092; Fax: (202) 482–
3355; Email: rpd2@bis.doc.gov. For
emails, include ‘‘Military End Use or
User’’ in the subject line.
SUPPLEMENTARY INFORMATION:
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Background
In December 2017, the White House
issued the National Security Strategy of
the United States of America (NSS),
which states that ‘‘The United States
will respond to the growing political,
economic, and military competitions we
face around the world.’’ The NSS,
which can be found at
www.whitehouse.gov, discusses four
pillars—protect the homeland, promote
American prosperity, preserve peace
through strength, and advance
American influence. The strategy notes
that ‘‘China and Russia challenge
American power, influence, and
interests, attempting to erode American
security and prosperity. They are
determined to make economies less free
and less fair, to grow their militaries,
and to control information and data to
repress their societies and expand their
influence.’’ The NSS further notes,
‘‘Both China and Russia support the
dictatorship in Venezuela and are
seeking to expand military linkages and
arms sales across the region.’’
BIS is publishing this rule to support
the national security and foreign policy
objectives of the United States by
broadening the United States
government’s visibility into and ability
to deny or condition exports, reexports,
and transfers (in-country) involving
certain items on the Commerce Control
List (CCL) (Supplement No. 1 to part
774 of the Export Administration
Regulations) that are destined to
military end users or end uses in China,
Russia, or Venezuela.
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Expansion of Military End Use and End
User Controls
End use (how will the product
ultimately be used) and the end user
(who will ultimately use the product)
are important factors when determining
license requirements. Examples of
prohibited end use include restrictions
on certain nuclear end uses, use of
products in weapons of mass
destruction, and use of microprocessors
for military end use. For a full list of
end-use and end-user prohibitions
under the EAR, see Part 744 of the EAR.
The EAR’s current definition of military
end users includes the army, navy, air
force, marines and coast guard, plus the
national guard/police, government
intelligence and reconnaissance
organizations; this rule does not modify
that definition. The EAR’s current
definition of military end use refers both
to direct use (for parts, components or
subsystems of weapons and other
defense articles) and indirect use
(weapon design and development,
testing, repair and maintenance). This
rule broadens the definition of military
end use beyond any item for the ‘‘use,’’
‘‘development,’’ or ‘‘production’’ to
include any item that supports or
contributes to the operation,
installation, maintenance, repair,
overhaul, refurbishing, ‘‘development,’’
or ‘‘production,’’ of military items.
On June 19, 2007, BIS published a
rule imposing a license requirement on
exports, reexports, and transfers (incountry) of certain items intended for
military end use in China (72 FR 33646),
in large part due to a continued lack of
transparency regarding products and
technologies intended for military end
use as China strengthened its military
activities and capabilities. On
September 17, 2014, BIS expanded these
license requirements to include military
end uses and end users in Russia (79 FR
55608), to address that country’s
continuing policy of destabilization in
Ukraine and occupation of Crimea. On
November 7, 2014, BIS expanded these
license requirements to include military
end uses and end users in Venezuela (79
FR 66288) as the actions and policies of
the Venezuelan military, including its
continued and increased repression and
complicity in human rights violations,
undermined democratic processes and
institutions and thereby constituted an
unusual and extraordinary threat to the
national security and foreign policy of
the United States.
This rule further expands license
requirements for exports, reexports, and
transfers (in-country) of items intended
for military end use or military end
users in the People’s Republic of China
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(China), Russia, or Venezuela by
broadening the license requirement in
§ 744.21 of the Export Administration
Regulations (15 CFR parts 730–774)
(EAR) to include military end users in
China. This expansion will require
increased diligence with respect to the
evaluation of end users in China,
particularly in view of China’s
widespread civil-military integration.
In addition, this rule broadens the
scope of the items subject to license
requirements in § 744.21 by adding
items to the list of items subject to the
military end-use and end-user license
requirements in Supplement No. 2 to
part 744. Specifically, this rule adds the
following Export Control Classification
Numbers (ECCNs) in the categories of
materials processing, electronics,
telecommunications, information
security, sensors and lasers, and
propulsion to the supplement: 2A290,
2A291, 2B999, 2D290, 3A991, 3A992,
3A999, 3B991, 3B992, 3C992, 3D991,
5B991, 5A992, 5D992, 6A991, 6A996,
and 9B990. Additionally, this rule
expands the range of items under
ECCNs 3A992, 8A992, and 9A991
included in Supplement No. 2 to part
744.
This rule adopts a license review
policy of presumption of denial in
§ 744.21(e). This change makes the
review policy consistent with the
review policy for certain exports,
reexports, and transfers (in-country) of
microprocessors and associated software
and technologies for military end uses
and end users in § 744.17(c). Further,
this rule broadens the definition of
‘‘military end use’’ by identifying each
element of the definition of ‘‘use’’ so
that any one of the six elements,
standing alone, is sufficient. As
amended, the definition of ‘‘military
end use’’ in § 744.21(f) will include any
item that supports or contributes to the
operation, installation, maintenance,
repair, overhaul, refurbishing,
‘‘development,’’ or ‘‘production,’’ of
military items described on the United
States Munitions List (International
Traffic in Arms Regulations (22 CFR
126.1)), or items classified under ECCNs
ending in ‘‘A018’’ or under ‘‘600 series’’
ECCNs.
Clarification of Controls on ‘‘600 series’’
.y and 9x515.y Items
Additionally, to help the public
comply with EAR § 744.21, this rule
would relocate the existing license
requirement for items described in a .y
paragraph of a 9x515 or ‘‘600 series’’
ECCN to China, Russia, or Venezuela
from § 744.21 to the License
Requirements sections of the relevant
ECCNs on the CCL.
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The license requirement in § 744.21
for ‘‘600 series’’ .y items was imposed
in an April 16, 2013 rule that initially
implemented ‘‘600 series’’ controls
(Revisions to the Export Administration
Regulations: Initial Implementation of
Export Control Reform, 78 FR 22660, at
22723) because such items were
presumptively for military end use. The
license requirement in § 744.21 for
9x515.y items was imposed in a May 13,
2014 rule that implemented CCL
controls on certain spacecraft (Revisions
to the Export Administration
Regulations: Control of Spacecraft
Systems and Related Items the President
Determines No Longer Warrant Control
Under the United States Munitions List
(USML), 79 FR 27418, at 27436),
prohibiting the export of all items
described in 9A515.y to China. As noted
previously, subsequent rules broadened
the application of § 744.21 to Russia and
Venezuela. This relocation of the
existing license requirement from EAR
§ 744.21 to the CCL would not change
its scope, which was intended to result
in a license requirement for all 9x515.y
or ‘‘600 series’’ .y items to those
destinations. Although the rules
imposing controls on ‘‘600 series’’ .y
and 9x515.y items did not assign a
‘‘reason for control’’ as that term is used
on the CCL, BIS believes such items
should require a license in order to
support U.S. foreign policy to maintain
regional stability. Accordingly, the
reason for control is regional stability
(RS) as described in new EAR
§ 742.6(a)(7). The associated review
policy is described in new § 742.6(b)(8).
The license review policy reflects
current regional stability policy for
‘‘600’’ series and 9x515 items. The
addition of new § 742.6(a)(7) would
require redesignation of the following
paragraphs in the section (as well as
conforming changes): §§ 732.3(b)(4),
734.3(c), 738.1(a)(3), and ECCNs 0A521,
0B521, 0C521, 0D521, 0E521, 9A515,
and 9E515.
Expansion of Electronic Export
Information Filing Requirements
Finally, this rule expands Electronic
Export Information (EEI) filing
requirements in the Automated Export
System (AES) for exports to China,
Russia, or Venezuela. Existing
provisions exempt exporters from both
filing EEI for many shipments valued
under $2,500 (unless an export license
is required) and from entering the ECCN
in the EEI when the reason for control
is only anti-terrorism (AT). To promote
transparency with respect to shipments
to these destinations, this rule revises
§ 758.1 of the EAR to require filing for
items destined to China, Russia, or
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Venezuela regardless of the value of the
shipment, unless the shipment is
eligible for License Exception GOV. In
addition, even if no license is required
to ship an item to those destinations, the
EEI filing must include the correct
ECCN regardless of reason for control.
Certain exemptions from filing found in
both the EAR and Foreign Trade
Regulations (see § 758.1(c) of the EAR),
such as for personally-owned baggage,
are retained in this rule.
Export Control Reform Act of 2018
On August 13, 2018, the President
signed into law the John S. McCain
National Defense Authorization Act for
Fiscal Year 2019, which included the
Export Control Reform Act of 2018
(ECRA) (50 U.S.C. 4801–4852) that
provides the legal basis for BIS’s
principal authorities and serves as the
authority under which BIS issues this
rule. As set forth in Section 1768 of
ECRA, all delegations, rules,
regulations, orders, determinations,
licenses, or other forms of
administrative action that have been
made, issued, conducted, or allowed to
become effective under the Export
Administration Act of 1979 (50 U.S.C.
4601 et seq.) (as in effect prior to August
13, 2018 and as continued in effect
pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et
seq.) and Executive Order 13222 of
August 17, 2001, 3 CFR, 2001 Comp., p.
783 (2002), as amended by Executive
Order 13637 of March 8, 2013, 78 FR
16129 (March 13, 2013), and as
extended by the Notice of August 14,
2019, 84 FR 41881 (August 15, 2019)),
or the Export Administration
Regulations, and are in effect as of
August 13, 2018, shall continue in effect
according to their terms until modified,
superseded, set aside, or revoked under
the authority of ECRA.
Rulemaking Requirements
1. Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distribute impacts, and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This final rule has been
designated a ‘‘significant regulatory
action,’’ although not economically
significant, under section 3(f) of
Executive Order 12866.
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23461
2. This final rule is not subject to the
requirements of Executive Order 13771
(82 FR 9339, February 3, 2017) because
it is issued with respect to a national
security function of the United States.
As discussed in the background section,
this rule supports the objectives laid out
in the National Security Strategy of the
United States of America (NSS) by
broadening the United States
government’s visibility into transactions
involving certain items on the CCL and
exports, reexports and transfers (incountry) to military end users or end
uses in China, Russia, or Venezuela.
Specifically, the expansion of controls
would enhance the national security of
the United States by reducing the risk
that exports, reexports, and transfers (incountry) of items subject to the EAR
could contribute to the military
capability of China, Russia, or
Venezuela contrary to U.S. national
security interests. It allows the United
States government to review
transactions involving military end uses
or end users in those destinations prior
to their completion to mitigate this risk.
Therefore, the cost-benefit analysis
required pursuant to Executive Orders
13563 and 12866 indicates this rule is
intended to improve national security as
its primary direct benefit. Accordingly,
this rule meets the requirements set
forth in the April 5, 2017, OMB
guidance implementing Executive Order
13771 (82 FR 9339, February 3, 2017),
regarding what constitutes a regulation
issued ‘‘with respect to a national
security function of the United States’’
and it is, therefore, exempt from the
requirements of Executive Order 13771.
3. Notwithstanding any other
provision of law, no person may be
required to respond to or be subject to
a penalty for failure to comply with a
collection of information, subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This regulation
involves a collection currently approved
by OMB under control number 0694–
0088, Simplified Network Application
Processing System. This collection
includes, among other things, license
applications, and carries a burden
estimate of 42.5 minutes for a manual or
electronic submission for a total burden
estimate of 31,878 hours. BIS receives
very few license applications for
military end uses in China or for
military end uses or end users in Russia
or Venezuela (approximately two to
three annually). BIS believes that the
reason for this small number is the
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likelihood that that such applications
will be denied. BIS anticipates that
broadening the range of items and
parties subject to these military end-use
and end-user license requirements will
increase the number of licenses
submitted; however, BIS also believes
that, due to continuing likelihood of
denials, this increase is not expected to
exceed the existing estimates currently
associated with OMB control number
0694–0088.
Any comments regarding the
collection of information associated
with this rule, including suggestions for
reducing the burden, may be sent to
Jasmeet K. Seehra, Office of
Management and Budget (OMB), by
email to Jasmeet_K._Seehra@
omb.eop.gov, or by fax to (202) 395–
7285.
4. This rule does not contain policies
with Federalism implications as that
term is defined under Executive Order
13132.
5. Pursuant to § 1762 of ECRA, this
action is exempt from the
Administrative Procedure Act (5 U.S.C.
553) requirements for notice of
proposed rulemaking, opportunity for
public participation, and delay in
effective date.
6. Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule by 5 U.S.C. 553, or
by any other law, the analytical
requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are
not applicable. Accordingly, no
regulatory flexibility analysis is required
and none has been prepared.
List of Subjects
Saving Clause
PART 734—SCOPE OF THE EAR
Shipments of items removed from
license exception eligibility or eligibility
for export, reexport or transfer (incountry) without a license as a result of
this regulatory action that were on dock
for loading, on lighter, laden aboard an
exporting carrier, or en route aboard a
carrier to a port of export, on June 29,
2020, pursuant to actual orders for
exports, reexports and transfers (incountry) to a foreign destination, may
proceed to that destination under the
previous license exception eligibility or
without a license so long as they have
been exported, reexported or transferred
(in-country) before July 27, 2020. Any
such items not actually exported,
reexported or transferred (in-country)
before midnight, on July 27, 2020
require a license in accordance with this
final rule.
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15 CFR Parts 732 and 758
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 734
Administrative practice and
procedure, Exports, Inventions and
patents, Research Science and
technology.
15 CFR Part 738
Exports.
Exports, Terrorism.
7. The authority citation for part 742
continues to read as follows:
Exports, Reporting and recordkeeping
requirements, Terrorism.
15 CFR Part 774
Exports, Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 15 CFR chapter VII,
subchapter C is amended as follows:
PART 732—STEPS FOR DETERMINING
LICENSING REQUIREMENTS
1. The authority citation for part 732
continues to read as follows:
■
Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783).
[Amended]
2. In § 732.3, in paragraph (b)(4),
remove the reference to ‘‘§ 742.6(a)(7)’’
and add in its place ‘‘§ 742.6(a)(8)’’.
■
3. The authority citation for part 734
continues to read as follows:
■
Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; E.O.
12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996
Comp., p. 219; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; E.O.
13637, 78 FR 16129, 3 CFR, 2014 Comp., p.
223; Notice of November 12, 2019, 84 FR
61817 (November 13, 2019).
[Amended]
4. In § 734.3, in paragraph (c), remove
the reference to ‘‘§ 742.6(a)(7)’’ and add
in its place ‘‘§ 742.6(a)(8)’’.
■
PART 738—COMMERCE CONTROL
LIST AND THE COUNTRY CHART
5. The authority citation for part 738
continues to read as follows:
■
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[Amended]
6. In § 738.1, in paragraph (a)(3),
remove the reference to ‘‘§ 742.6(a)(7)’’
and add in its place ‘‘§ 742.6(a)(8)’’.
■
15 CFR Part 744
§ 734.3
§ 738.1
■
PART 742—CONTROL POLICY—CCL
BASED CONTROLS
15 CFR Part 742
§ 732.3
Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C.
8720; 10 U.S.C. 8730(e); 22 U.S.C. 287c; 22
U.S.C. 2151 note; 22 U.S.C. 3201 et seq.; 22
U.S.C. 6004; 42 U.S.C. 2139a; 15 U.S.C. 1824;
50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783.
Sfmt 4700
Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C.
3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201
et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L.
108–11, 117 Stat. 559; E.O. 12058, 43 FR
20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994
Comp., p. 950; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783;
Presidential Determination 2003–23, 68 FR
26459, 3 CFR, 2004 Comp., p. 320; Notice of
November 12, 2019, 84 FR 61817 (November
13, 2019).
8. In § 742.6:
a. Revise paragraph (a)(1);
b. Redesignate paragraphs (a)(7) and
(8) as paragraphs (a)(8) and (9) and add
new paragraph (a)(7);
■ c. Revise newly redesignated
paragraph (a)(8)(i);
■ d. Revise paragraph(b)(1)(i); and
■ e. Add paragraph (b)(8).
The revisions and additions read as
follows:
■
■
■
§ 742.6
Regional stability.
(a) * * *
(1) RS Column 1 license requirements
in general. A license is required for
exports and reexports to all
destinations, except Canada, for all
items in ECCNs on the CCL that include
RS Column 1 in the Country Chart
column of the ‘‘License Requirements’’
section. Transactions described in
paragraph (a)(2), (3), or (9) of this
section are subject to the RS Column 1
license requirements set forth in those
paragraphs rather than the license
requirements set forth in this paragraph
(a)(1).
*
*
*
*
*
(7) RS requirement that applies to the
People’s Republic of China (China),
Russia, or Venezuela. A license is
required to export or reexport to China,
Russia, or Venezuela any item described
in a .y paragraph of a 9x515 or ‘‘600
series’’ ECCN, except for exports or
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reexports to Russia for use in, with, or
for the International Space Station (ISS),
including launch to the ISS. (See
§ 740.11(e)(1) of the EAR for a definition
of the ISS.)
(8) * * *
(i) Scope. This paragraph (a)(8)
supplements the information in the
0Y521 ECCNs and in Supplement No. 5
to part 774 (Items Classified Under
ECCNs 0A521, 0B521, 0C521, 0D521
and 0E521). This paragraph alerts
exporters, reexporters and transferors to
the procedures that apply to items
classified under the 0Y521 ECCNs.
*
*
*
*
*
(b) * * *
(1) * * *
(i) Applications for exports and
reexports of ECCN 0A501, 0A504,
0A505, 0B501, 0B505, 0D501, 0D505,
0E501, 0E504, and 0E505 items; 9x515
and ‘‘600 series’’ items will be reviewed
on a case-by-case basis to determine
whether the transaction is contrary to
the national security or foreign policy
interests of the United States, including
the foreign policy interest of promoting
the observance of human rights
throughout the world. Other
applications for exports and reexports
described in paragraph (a)(1), (2), (6), or
(8) of this section will be reviewed on
a case-by-case basis to determine
whether the export or reexport could
contribute directly or indirectly to any
country’s military capabilities in a
manner that would alter or destabilize a
region’s military balance contrary to the
foreign policy interests of the United
States. Applications for reexports of
items described in paragraph (a)(3) of
this section will be reviewed applying
the policies for similar commodities that
are subject to the ITAR. Applications for
export or reexport of items classified
under any 9x515 or ‘‘600 series’’ ECCN
requiring a license in accordance with
paragraph (a)(1) or (9) of this section
will also be reviewed consistent with
United States arms embargo policies in
§ 126.1 of the ITAR (22 CFR 126.1) if
destined to a country set forth in
Country Group D:5 in Supplement No.
1 to part 740 of the EAR. Applications
for export or reexport of ‘‘parts,’’
‘‘components,’’ ‘‘accessories,’’
‘‘attachments,’’ ‘‘software,’’ or
‘‘technology’’ ‘‘specially designed’’ or
otherwise required for the F–14 aircraft
will generally be denied. When destined
to China or a country listed in Country
Group E:1 in Supplement No. 1 to part
740 of the EAR, items classified under
ECCN 0A501, 0A505, 0B501, 0B505,
0D501, 0D505, 0E501, 0E504, and 0E505
or any 9x515 ECCN will be subject to a
policy of denial. In addition,
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applications for exports and reexports of
ECCN 0A501, 0A505, 0B501, 0B505,
0D501, 0D505, 0E501, 0E504, and 0E505
items when there is reason to believe
the transaction involves criminal
organizations, rebel groups, street gangs,
or other similar groups or individuals,
that may be disruptive to regional
stability, including within individual
countries, will be subject to a policy of
denial.
*
*
*
*
*
(8) China, Russia, or Venezuela.
Applications to export or reexport items
described in paragraph (a)(7) of this
section to China, Russia, or Venezuela
will be reviewed on a case-by-case basis
to determine whether the transaction is
contrary to the national security or
foreign policy interests of the United
States, including the foreign policy
interest of promoting the observance of
human rights throughout the world.
Such applications will also be reviewed
consistent with United States arms
embargo policies in § 126.1 of the ITAR
(22 CFR 126.1) if destined to a country
set forth in Country Group D:5 in
Supplement No. 1 to part 740 of the
EAR. When destined to China, items
classified under any 9x515.y ECCN will
be subject to a policy of denial
consistent with paragraph (b)(1) of this
section.
*
*
*
*
*
PART 744—CONTROL POLICY: END
USER AND END USE BASED
9. The authority citation for part 744
continues to read as follows:
■
Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C.
3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201
et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR
20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994
Comp., p. 950; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR
45167, 3 CFR, 1998 Comp., p. 208; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13224, 66 FR 49079, 3 CFR, 2001
Comp., p. 786; Notice of September 19, 2019,
83 FR 49633 (September 20, 2019); Notice of
November 12, 2019, 84 FR 61817 (November
13, 2019).
10. In § 744.1, revise the last two
sentences of paragraph (a)(1) to read as
follows:
■
§ 744.1
General provisions.
(a)(1) * * * Section 744.21 imposes
restrictions for exports, reexports and
transfers (in-country) of items on the
CCL for a ‘military end use’ or ‘military
end user’ in the People’s Republic of
China (PRC or China), Russia, or
Venezuela. Section 744.22 imposes
restrictions on exports, reexports and
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transfers to persons whose property and
interests in property are blocked
pursuant to Executive Orders 13310,
13448, or 13464.
*
*
*
*
*
■ 11. Section 744.21 is revised to read
as follows:
§ 744.21 Restrictions on certain ‘military
end use’ or ‘military end user’ in the
People’s Republic of China, Russia, or
Venezuela.
(a) General prohibition. In addition to
the license requirements for items
specified on the Commerce Control List
(CCL), you may not export, reexport, or
transfer (in-country) any item subject to
the EAR listed in Supplement No. 2 to
part 744 to the People’s Republic of
China (China), Russia, or Venezuela
without a license if, at the time of the
export, reexport, or transfer (in-country),
you have ‘‘knowledge,’’ as defined in
§ 772.1 of the EAR, that the item is
intended, entirely or in part, for a
‘military end use,’ as defined in
paragraph (f) of this section, or ‘military
end user,’ as defined in paragraph (g) of
this section, in China, Russia, or
Venezuela.
(b) Additional prohibition on those
informed by BIS. BIS may inform you
either individually by specific notice,
through amendment to the EAR
published in the Federal Register, or
through a separate notice published in
the Federal Register, that a license is
required for specific exports, reexports,
or transfers (in-country) of any item
because there is an unacceptable risk of
use in or diversion to a ‘military end
use’ or ‘military end user’ in China,
Russia, or Venezuela. Specific notice
will be given only by, or at the direction
of, the Deputy Assistant Secretary for
Export Administration. When such
notice is provided orally, it will be
followed by written notice within two
working days signed by the Deputy
Assistant Secretary for Export
Administration or the Deputy Assistant
Secretary’s designee. The absence of BIS
notification does not excuse the
exporter from compliance with the
license requirements of paragraph (a) of
this section.
(c) License exception. Despite the
prohibitions described in paragraphs (a)
and (b) of this section, you may export,
reexport, or transfer (in-country) items
subject to the EAR under the provisions
of License Exception GOV set forth in
§ 740.11(b)(2)(i) and (ii) of the EAR.
(d) License application procedure.
When submitting a license application
pursuant to this section, you must state
in the ‘‘additional information’’ block of
the application that ‘‘this application is
submitted because of the license
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requirement in § 744.21 of the EAR
(Restrictions on a ‘Military End Use’ or
‘Military End User’ in the People’s
Republic of China, Russia, or
Venezuela).’’ In addition, either in the
additional information block of the
application or in an attachment to the
application, you must include all
known information concerning the
‘military end use’ and ‘military end
user(s)’ of the item(s). If you submit an
attachment with your license
application, you must reference the
attachment in the ‘‘additional
information’’ block of the application.
(e) License review standards. (1)
Applications to export, reexport, or
transfer (in-country) items described in
paragraph (a) of this section will be
reviewed with a presumption of denial.
(2) Applications may be reviewed
under chemical and biological weapons,
nuclear nonproliferation, or missile
technology review policies, as set forth
in §§ 742.2(b)(4), 742.3(b)(4), and
742.5(b)(4) of the EAR, if the end use
may involve certain proliferation
activities.
(3) Applications for items requiring a
license for any reason that are destined
to China, Russia, or Venezuela for a
‘military end use’ or ‘military end user’
also will be subject to the review policy
stated in paragraph (e)(1) of this section.
(f) Military end use. In this section,
‘military end use’ means: incorporation
into a military item described on the
U.S. Munitions List (USML) (22 CFR
part 121, International Traffic in Arms
Regulations); incorporation into items
classified under ECCNs ending in
‘‘A018’’ or under ‘‘600 series’’ ECCNs; or
any item that supports or contributes to
the operation, installation, maintenance,
repair, overhaul, refurbishing,
‘‘development,’’ or ‘‘production,’’ of
military items described on the USML,
or items classified under ECCNs ending
in ‘‘A018’’ or under ‘‘600 series’’ ECCNs.
(g) Military end user. In this section,
the term ‘military end user’ means the
national armed services (army, navy,
marine, air force, or coast guard), as well
as the national guard and national
police, government intelligence or
reconnaissance organizations, or any
person or entity whose actions or
functions are intended to support
‘military end uses’ as defined in
paragraph (f) of this section.
(h) Effects on contracts. Venezuela:
Transactions involving the export,
reexport, or transfer (in country) of
items to or within Venezuela are not
subject to the provisions of § 744.21 if
the contracts for such transactions were
signed prior to November 7, 2014.
■ 12. Supplement No. 2 to part 744 is
revised to read as follows:
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Supplement No. 2 to Part 744—List of Items
Subject to the Military End Use or End User
License Requirement of § 744.21
The following items, as described, are
subject to the military end use or end user
license requirement in § 744.21.
(1) Category 1 Materials, Chemicals,
Microorganisms, and Toxins
(i) 1A290 Depleted uranium (any uranium
containing less than 0.711% of the isotope U
235) in shipments of more than 1,000
kilograms in the form of shielding contained
in X ray units, radiographic exposure or
teletherapy devices, radioactive
thermoelectric generators, or packaging for
the transportation of radioactive materials.
(ii) 1C990 Fibrous and filamentary
materials, not controlled by 1C010 or 1C210,
for use in ‘‘composite’’ structures and with a
specific modulus of 3.18x106m or greater and
a specific tensile strength of 7.62x104m or
greater.
(iii) 1C996 Hydraulic fluids containing
synthetic hydrocarbon oils, having all the
characteristics in the List of Items Controlled.
(iv) 1D993 ‘‘Software’’ specially designed
for the ‘‘development’’, ‘‘production’’, or
‘‘use’’ of equipment or materials controlled
by 1C210.b, or 1C990.
(v) 1D999 Limited to specific software
controlled by 1D999.b for equipment
controlled by 1B999.e that is specially
designed for the production of prepregs
controlled in Category 1, n.e.s.
(vi) 1E994 Limited to ‘‘technology’’ for the
‘‘development’’, ‘‘production’’, or ‘‘use’’ of
fibrous and filamentary materials other than
glass, aramid or polyethylene controlled by
1C990.
(2) Category 2 Materials Processing
(i) 2A290 Generators and other equipment
‘‘specially designed,’’ prepared, or intended
for use with nuclear plants.
(ii) 2A291 Equipment, except items
controlled by 2A290, related to nuclear
material handling and processing and to
nuclear reactors, and ‘‘parts,’’ ‘‘components’’
and ‘‘accessories’’ therefor (see List of Items
Controlled).
(iii) 2A991 Limited to bearings and bearing
systems not controlled by 2A001 and with
operating temperatures above 573 K (300 °C).
(iv) 2B991 Limited to ‘‘numerically
controlled’’ machine tools having
‘‘positioning accuracies’’, with all
compensations available, less (better) than 9
mm along any linear axis; and machine tools
controlled under 2B991.d.1.a.
(v) 2B992 Non ‘‘numerically controlled’’
machine tools for generating optical quality
surfaces, and specially designed components
therefor.
(vi) 2B996 Limited to dimensional
inspection or measuring systems or
equipment not controlled by 2B006 with
measurement uncertainty equal to or less
(better) than (1.7 + L/1000) micrometers in
any axes (L measured Length in mm).
(vii) 2B999 Specific processing equipment,
n.e.s. (see List of Items Controlled).
(viii) 2D290 ‘‘Software’’ ‘‘specially
designed’’ or modified for the
‘‘development,’’ ‘‘production,’’ or ‘‘use’’ of
items controlled by 2A290 or 2A291.
(3) Category 3 Electronics Design,
Development and Production
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(i) 3A991 Electronic devices, and
‘‘components’’ not controlled by 3A001.
(ii) 3A992 General purpose electronic
equipment not controlled by 3A002.
(iii) 3A999 Specific processing equipment,
n.e.s. (see List of Items Controlled).
(iv) 3B991 Equipment not controlled by
3B001 for the manufacture of electronic
‘‘parts,’’ ‘‘components’’ and materials, and
‘‘specially designed’’ ‘‘parts,’’ ‘‘components’’
and ‘‘accessories’’ therefor.
(v) 3B992 Equipment not controlled by
3B002 for the inspection or testing of
electronic ‘‘components’’ and materials, and
‘‘specially designed’’ ‘‘parts,’’ ‘‘components’’
and ‘‘accessories’’ therefor.
(vi) 3C992 Positive resists designed for
semiconductor lithography specially adjusted
(optimized) for use at wavelengths between
370 and 245 nm.
(vii) 3D991 ‘‘Software’’ ‘‘specially
designed’’ for the ‘‘development’’,
‘‘production’’, or ‘‘use’’ of electronic devices,
‘‘parts’’ or ‘‘components’’ controlled by
3A991, general purpose electronic equipment
controlled by 3A992, or manufacturing and
test equipment controlled by 3B991 and
3B992; or ‘‘software’’ ‘‘specially designed’’
for the ‘‘use’’ of equipment controlled by
3B001.g and .h.
(viii) 3E991 Limited to ‘‘technology’’
according to the General Technology Note for
the ‘‘development’’, ‘‘production’’, or ‘‘use’’
of digital oscilloscopes and transient
recorders with sampling rates greater than 2.5
giga samples per second, which are
controlled by 3A992.g.
(4) Category 4 Computers
(i) 4A994 Limited to computers not
controlled by 4A001 or 4A003, with an
Adjusted Peak Performance (‘‘APP’’)
exceeding 0.5 Weighted TeraFLOPS (WT).
(ii) 4D993 ‘‘Program’’ proof and validation
‘‘software’’, ‘‘software’’ allowing the
automatic generation of ‘‘source codes’’, and
operating system ‘‘software’’ that are
specially designed for real time processing
equipment.
(iii) 4D994 Limited to ‘‘software’’ specially
designed or modified for the ‘‘development’’,
‘‘production’’, or ‘‘use’’ of equipment
controlled by 4A101.
(5) Category 5 (Part 1) Telecommunications
and Category 5 (Part 2) Information Security
(i) 5A991 Limited to telecommunications
equipment designed to operate outside the
temperature range from 219K (-54 °C) to 397K
(124 °C), which is controlled by 5A991.a.,
radio equipment using Quadratureamplitude-modulation (QAM) techniques,
which is controlled by 5A991.b.7., and
phased array antennae, operating above 10.5
Ghz, except landing systems meeting ICAO
standards (MLS), which are controlled by
5A991.f.
(ii) 5B991 Telecommunications test
equipment, n.e.s.
(iii) 5D991 Limited to ‘‘software’’ specially
designed or modified for the ‘‘development’’,
‘‘production’’, or ‘‘use’’ of equipment
controlled by 5A991.a., 5A991.b.7., and
5A991.f., or of ‘‘software’’ specially designed
or modified for the ‘‘development’’,
‘‘production’’, or ‘‘use’’ of equipment
controlled by 5A991.a., 5A991.b.7., and
5A991.f. (iv) 5E991 Limited to ‘‘technology’’
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for the ‘‘development’’, ‘‘production’’ or
‘‘use’’ of equipment controlled by 5A991.a.,
5A991.b.7., or 5A991.f., or of ‘‘software’’
specially designed or modified for the
‘‘development’’, ‘‘production’’, or ‘‘use’’ of
equipment controlled by 5A991.a.,
5A991.b.7., and 5A991.f.
(v) 5A992 Equipment not controlled by
5A002 (see List of Items Controlled).
(vi) 5D992 ‘‘Information Security’’
‘‘software’’ not controlled by 5D002 (see List
of Items Controlled).
(6) Category 6 Sensors and Lasers
(i) 6A991 Marine or terrestrial acoustic
equipment, n.e.s., capable of detecting or
locating underwater objects or features or
positioning surface vessels or underwater
vehicles; and ‘‘specially designed’’ ‘‘parts’’
and ‘‘components,’’ n.e.s.
(ii) 6A993 Cameras, not controlled by
6A003 or 6A203 (see List of Items
Controlled).
(iii) 6A995 ‘‘Lasers’’, not controlled by
6A005 or 6A205.
(iv) 6A996 ‘‘Magnetometers’’ not controlled
by ECCN 6A006, ‘‘Superconductive’’
electromagnetic sensors, and ‘‘specially
designed’’ ‘‘components’’ therefor, as follows
(see List of Items Controlled).
(v) 6C992 Optical sensing fibers not
controlled by 6A002.d.3 which are modified
structurally to have a ‘‘beat length’’ of less
than 500 mm (high birefringence) or optical
sensor materials not described in 6C002.b
and having a zinc content of equal to or more
than 6% by ‘‘mole fraction.’’
(7) Category 7 Navigation and Avionics
(i) 7A994 Other navigation direction
finding equipment, airborne communication
equipment, all aircraft inertial navigation
systems not controlled under 7A003 or
7A103, and other avionic equipment,
including parts and components, n.e.s.
(ii) 7B994 Other equipment for the test,
inspection, or ‘‘production’’ of navigation
and avionics equipment.
(iii) 7D994 ‘‘Software’’, n.e.s., for the
‘‘development’’, ‘‘production’’, or ‘‘use’’ of
navigation, airborne communication and
other avionics.
(iv) 7E994 ‘‘Technology’’, n.e.s., for the
‘‘development’’, ‘‘production’’, or ‘‘use’’ of
navigation, airborne communication, and
other avionics equipment.
(8) Category 8 Marine
(i) 8A992 Vessels, marine systems or
equipment, not controlled by 8A001 or
8A002, and ‘‘specially designed’’ ‘‘parts’’ and
‘‘components’’ therefor, and marine boilers
and ‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’
and ‘‘attachments’’ therefor (see List of Items
Controlled).
(ii) 8D992 ‘‘Software’’ specially designed or
modified for the ‘‘development’’,
‘‘production’’ or ‘‘use’’ of equipment
controlled by 8A992.
(iii) 8E992 ‘‘Technology’’ for the
‘‘development’’, ‘‘production’’ or ‘‘use’’ of
equipment controlled by 8A992.
(9) Category 9 Propulsion Systems, Space
Vehicles and Related Equipment
(i) 9A991 ‘‘Aircraft’’, n.e.s., and gas turbine
engines not controlled by 9A001 or 9A101
and ‘‘parts’’ and ‘‘components,’’ n.e.s. (see
List of Items Controlled).
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(ii) 9B990 Vibration test equipment and
‘‘specially designed’’ ‘‘parts’’ and
‘‘components,’’ n.e.s.
(iii) 9D991 ‘‘Software’’, for the
‘‘development’’ or ‘‘production’’ of
equipment controlled by 9A991 or 9B991.
(iv) 9E991 ‘‘Technology’’, for the
‘‘development’’, ‘‘production’’ or ‘‘use’’ of
equipment controlled by 9A991 or 9B991.
U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C.
2139a; 15 U.S.C. 1824; 50 U.S.C. 4305; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783.
PART 758—EXPORT CLEARANCE
REQUIREMENTS
■
13. The authority citation for part 758
continues to read as follows:
■
Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783.
Supplement No. 1 to Part 774—
[Amended]
16. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 0,
remove the reference to ‘‘§ 742.6(a)(7)’’
in ECCNs 0A521, 0B521, 0C521, 0D521,
and 0E521 and add in its place
‘‘§ 742.6(a)(8)’’.
■
14. In § 758.1, add paragraph (b)(10)
and revise paragraph (g)(3) to read as
follows:
17. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 0,
the License Requirements sections of
ECCNs 0A606, 0A617, 0D606, 0D617,
0E606, and 0E617 are revised to read as
follows:
§ 758.1 The Electronic Export Information
(EEI) filing to the Automated Export System
(AES).
0A606 GROUND VEHICLES AND RELATED
COMMODITIES, AS FOLLOWS (SEE LIST OF
ITEMS CONTROLLED).XXXXXXXXX
*
License Requirements
Reason for Control: NS, RS, AT, UN
*
*
*
*
(b) * * *
(10) For all exports of items on the
Commerce Control List to the People’s
Republic of China, Russia, or Venezuela,
regardless of value, unless the export
may be made under the exemption
listed under paragraph (c)(4) of this
section.
*
*
*
*
*
(g) * * *
(3) No License Required (NLR)
exports. You must report on any
required EEI filing to the AES the
correct license code/license exception
code when using the ‘‘NLR’’ designation
for the items that are subject to the EAR
but not listed on the Commerce Control
List (CCL) (i.e., items are designated as
EAR99) (FTR license code ‘‘C33’’), and
when the items to be exported are listed
on the CCL but are not subject to a
license requirement. In addition, you
must enter the correct ECCN on any
required EEI filing for all items being
exported under the NLR provisions that
have a reason for control other than or
in addition to anti-terrorism (AT),
unless the items are destined to China,
Russia, or Venezuela. For items destined
to China, Russia, or Venezuela, you
must enter the correct ECCN on any
required EEI filing regardless of reason
for control.
*
*
*
*
*
■
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
NS applies to entire
entry, except
0A606.b and .y.
NS applies to
0A606.b.
RS applies to entire
entry, except
0A606.b and .y.
RS applies to
0A606.b.
RS applies to
0A606.y.
AT applies to entire
entry.
UN applies to entire
entry, except
0A606.y.
*
*
*
*
Control(s)
Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C.
8720; 10 U.S.C. 8730(e); 22 U.S.C. 287c, 22
AT applies to entire
entry.
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
RS Column 1
RS Column 2
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
See § 746.1(b) for UN
controls
*
License Requirements
Reason for Control: NS, RS, AT, UN
15. The authority citation for part 774
continues to read as follows:
■
NS Column 2
0A617 MISCELLANEOUS ‘‘EQUIPMENT,’’
MATERIALS, AND RELATED COMMODITIES
(SEE LIST OF ITEMS CONTROLLED).
NS applies to entire
entry, except
0A617.y.
RS applies to entire
entry, except
0A617.y.
RS applies to
0A617.y.
PART 774—THE COMMERCE
CONTROL LIST
NS Column 1
E:\FR\FM\28APR1.SGM
28APR1
Country chart
(see Supp. No. 1 to
part 738)
NS Column 1
RS Column 1
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
23466
Federal Register / Vol. 85, No. 82 / Tuesday, April 28, 2020 / Rules and Regulations
Control(s)
Country chart
(see Supp. No. 1 to
part 738)
UN applies to entire ..
entry, except 0A617.y
See § 764.1(b) for UN
controls
*
*
*
*
*
0D606 ‘‘SOFTWARE’’ ‘‘SPECIALLY DESIGNED’’
FOR THE ‘‘DEVELOPMENT,’’ ‘‘PRODUCTION,’’
OPERATION, OR MAINTENANCE OF GROUND
VEHICLES AND RELATED COMMODITIES
CONTROLLED BY 0A606, 0B606, OR 0C606
(SEE LIST OF ITEMS CONTROLLED).
License Requirements
Reason for Control: NS, RS, AT, UN
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
NS applies to entire
entry, except
0D606.y.
RS applies to entire
entry, except
0D606.y.
RS applies to
0D606.y.
AT applies to entire
entry.
UN applies to entire
entry, except
0D606.y.
*
*
*
*
*
*
*
RS Column 1
See § 746.1(b) for UN
controls
jbell on DSKJLSW7X2PROD with RULES
*
*
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
See § 746.1(b) for UN
controls
*
License Requirements
Reason for Control: NS, RS, AT, UN
*
NS Column 1
NS applies to entire
entry, except
0E617.y.
RS applies to entire
entry, except
0E617.y.
RS applies to
0E617.y.
AT applies to entire
entry.
UN applies to entire
entry, except
0E617.y.
1A613
*
‘‘TECHNOLOGY’’ ‘‘REQUIRED’’ FOR THE
‘‘DEVELOPMENT,’’ ‘‘PRODUCTION,’’
OPERATION, INSTALLATION, MAINTENANCE,
REPAIR, OVERHAUL, OR REFURBISHING OF
Jkt 250001
*
*
RS Column 1
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
See § 746.1(b) for UN
controls
*
18. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 1,
the License Requirements sections of
ECCNs 1A613, 1D613, and 1E613 are
revised to read as follows:
ARMORED AND PROTECTIVE
‘‘EQUIPMENT’’ AND RELATED COMMODITIES,
AS FOLLOWS (SEE LIST OF ITEMS
CONTROLLED).
See § 746.1(b) for UN
controls
16:55 Apr 27, 2020
*
NS Column 1
■
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
GROUND VEHICLES AND RELATED
COMMODITIES IN 0A606, 0B606, 0C606, OR
SOFTWARE IN 0D606 (SEE LIST OF ITEMS
CONTROLLED).
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
*
RS Column 1
0E606
VerDate Sep<11>2014
*
RS Column 1
COMMODITIES CONTROLLED BY ECCN 0A617,
‘‘EQUIPMENT’’ CONTROLLED BY 0B617, OR
MATERIALS CONTROLLED BY 0C617, OR
‘‘SOFTWARE’’ CONTROLLED BY ECCN 0D617
(SEE LIST OF ITEMS CONTROLLED).
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
Country chart
(see Supp. No. 1 to
part 738)
*
AT applies to entire
entry.
UN applies to entire
entry, except
0E606.y.
NS Column 1
‘‘TECHNOLOGY’’ ‘‘REQUIRED’’ FOR THE
‘‘DEVELOPMENT,’’ ‘‘PRODUCTION,’’
OPERATION, INSTALLATION, MAINTENANCE,
REPAIR, OVERHAUL, OR REFURBISHING OF
Reason for Control: NS, RS, AT, UN
AT applies to entire
entry.
UN applies to entire
entry, except
0D617.y.
NS applies to entire
entry, except
0E606.y.
RS applies to entire
entry, except
0E606.y.
RS applies to
0E606.y.
0E617
License Requirements
NS applies to entire
entry, except
0D617.y.
RS applies to entire
entry, except
0D617.y.
RS applies to
0D617.y.
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
*
NS Column 1
0D617 ‘‘SOFTWARE’’ ‘‘SPECIALLY DESIGNED’’
FOR THE ‘‘DEVELOPMENT,’’ ‘‘PRODUCTION,’’
OPERATION, OR MAINTENANCE OF
COMMODITIES CONTROLLED BY 0A617,
‘‘EQUIPMENT’’ CONTROLLED BY 0B617, OR
MATERIALS CONTROLLED BY 0C617 (SEE LIST
OF ITEMS CONTROLLED).
Control(s)
License Requirements
Reason for Control: NS, RS, AT, UN
License Requirements
Reason for Control: NS, RS, AT, UN
Control(s)
NS applies to entire
entry except
1A613.y.
PO 00000
Frm 00022
Fmt 4700
Country chart
(see Supp. No. 1 to
part 738)
NS Column 1
Sfmt 4700
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
RS applies to entire
entry except
1A613.y.
RS applies 1A613.y ..
AT applies to entire
entry.
UN applies to entire
entry, except
1A613.y.
*
*
*
*
RS Column 1
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
See § 746.1(b) for UN
controls
*
1D613 ‘‘SOFTWARE’’ ‘‘SPECIALLY DESIGNED’’
FOR THE ‘‘DEVELOPMENT,’’ ‘‘PRODUCTION,’’
OPERATION, OR MAINTENANCE OF
COMMODITIES CONTROLLED BY 1A613 OR
1B613, AS FOLLOWS (SEE LIST OF ITEMS
CONTROLLED).
License Requirements
Reason for Control: NS, RS, AT, UN
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
NS applies to entire
entry except
1D613.y.
RS applies to entire
entry except
1D613.y.
RS applies to
1D613.y.
AT applies to entire
entry.
UN applies to entire
entry, except
1D613.y.
*
*
*
*
NS Column 1
RS Column 1
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
See § 746.1(b) for UN
controls
*
‘‘TECHNOLOGY’’ ‘‘REQUIRED’’ FOR THE
‘‘DEVELOPMENT,’’ ‘‘PRODUCTION,’’
OPERATION, INSTALLATION, MAINTENANCE,
REPAIR, OVERHAUL, OR REFURBISHING OF
1E613
COMMODITIES CONTROLLED BY 1A613 OR
1B613 OR ‘‘SOFTWARE’’ CONTROLLED BY
1D613, AS FOLLOWS (SEE LIST OF ITEMS
CONTROLLED).
License Requirements
Reason for Control: NS, RS, AT, UN
Control(s)
NS applies to entire
entry except
1E613.y.
RS applies to entire
entry except
1E613.y.
RS applies to
1E613.y.
AT applies to entire
entry.
UN applies to entire
entry, except
1E613.y.
E:\FR\FM\28APR1.SGM
28APR1
Country chart
(see Supp. No. 1 to
part 738)
NS Column 1
RS Column 1
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
See § 746.1(b) for UN
controls
Federal Register / Vol. 85, No. 82 / Tuesday, April 28, 2020 / Rules and Regulations
*
*
*
*
*
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
19. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 3,
the License Requirements sections of
ECCNs 3A611, 3D611, and 3E611 are
revised to read as follows:
■
3A611 MILITARY ELECTRONICS, AS FOLLOWS
(SEE LIST OF ITEMS CONTROLLED).
Reason for Control: NS, RS, AT, UN
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
NS applies to entire
entry except
3A611.y.
RS applies to entire
entry except
3A611.y.
RS applies to
3A611.y.
AT applies to entire
entry.
UN applies to entire
entry except
3A611.y.
*
*
*
*
NS Column 1
RS Column 1
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
*
*
*
*
Country chart
(see Supp. No. 1 to
part 738)
*
*
*
*
*
*
■ 20. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 7,
the License Requirements sections of
ECCNs 7A611, 7D611, and 7E611 are
revised to read as follows:
See § 746.1(b) for UN
controls
Reason for Control: NS, RS, AT, UN
AT applies to entire
entry.
UN applies to entire
entry except
3D611.y.
NS Column 1
NS applies to entire
entry except
7A611.y.
MT applies to commodities in 7A611.a
that meet or exceed
the parameters in
7A103.b or .c.
RS applies to entire
entry except
7A611.y.
RS applies to
7A611.y.
AT applies to entire
entry.
UN applies to entire
entry except
7A611.y.
RS Column 1
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
*
See § 746.1(b) for UN
controls
*
License Requirements
Reason for Control: NS, RS, AT, UN
jbell on DSKJLSW7X2PROD with RULES
NS applies to entire
entry except
3E611.y.
RS applies to entire
entry except
3E611.y.
VerDate Sep<11>2014
Country chart
(see Supp. No. 1 to
part 738)
NS Column 1
RS Column 1
16:55 Apr 27, 2020
Jkt 250001
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
*
*
*
NS Column 1
MT Column 1
RS Column 1
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
See § 746.1(b) for UN
controls
*
7D611 ‘‘SOFTWARE’’ ‘‘SPECIALLY DESIGNED’’
FOR COMMODITIES CONTROLLED BY 7A611
OR EQUIPMENT CONTROLLED BY 7B611, AS
FOLLOWS (SEE LIST OF ITEMS CONTROLLED).
License Requirements
Reason for Control: NS, MT, RS, AT, UN
3E611 ‘‘TECHNOLOGY’’ ‘‘REQUIRED’’ FOR
MILITARY ELECTRONICS, AS FOLLOWS (SEE
LIST OF ITEMS CONTROLLED).
Control(s)
See § 746.1(b) for UN
controls
License Requirements
Reason for Control: NS, MT, RS, AT, UN
License Requirements
NS applies to entire
entry except
3D611.y.
RS applies to entire
entry except
3D611.y.
RS applies to
3D611.y.
AT applies to entire
entry.
UN applies to entire
entry except
3E611.y.
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
7A611 MILITARY FIRE CONTROL, LASER,
IMAGING, AND GUIDANCE EQUIPMENT, AS
FOLLOWS (SEE LIST OF ITEMS CONTROLLED).
3D611 ‘‘SOFTWARE’’ ‘‘SPECIALLY DESIGNED’’
FOR MILITARY ELECTRONICS, AS FOLLOWS
(SEE LIST OF ITEMS CONTROLLED).
Control(s)
RS applies to
3E611.y.
Control(s)
NS applies to entire
entry except
7D611.y.
MT applies to
7D611.a ‘‘software’’
‘‘specially designed’’ for 7A611.a
commodities controlled for MT reasons.
RS applies to entire
entry except
7D611.y.
PO 00000
Frm 00023
Fmt 4700
Country chart
(see Supp. No. 1 to
part 738)
NS Column 1
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
RS applies to
7D611.y.
AT applies to entire
entry.
UN applies to entire
entry except
7D611.y.
*
*
*
*
See § 746.1(b) for UN
controls
*
‘‘TECHNOLOGY’’ ‘‘REQUIRED’’ FOR THE
‘‘DEVELOPMENT,’’ ‘‘PRODUCTION,’’
OPERATION, INSTALLATION, MAINTENANCE,
REPAIR, OVERHAUL OR REFURBISHING OF
COMMODITIES CONTROLLED BY 7A611,
COMMODITIES CONTROLLED BY 7B611, OR
SOFTWARE CONTROLLED BY 7D611, AS
FOLLOWS (SEE LIST OF ITEMS CONTROLLED).
License Requirements
Reason for Control: NS, MT, RS, AT, UN
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
NS applies to entire
entry except
7E611.y.
MT applies to ‘‘technology’’ in 7E611.a
if ‘‘required’’ for
items controlled for
MT reasons in
7A611.a, 7B611.a,
or 7D611.a.
RS applies to entire
entry except
7E611.y.
RS applies to
7E611.y.
AT applies to entire
entry.
UN applies to entire
entry except
7E611.y.
*
*
*
*
NS Column 1
MT Column 1
RS Column 1
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
See § 746.1(b) for UN
controls
*
21. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 8,
the License Requirements sections of
ECCNs 8A609, 8A620, 8D609, 8D620,
8E609, and 8E620 are revised to read as
follows:
■
8A609 SURFACE VESSELS OF WAR AND RELATED
COMMODITIES (SEE LIST OF ITEMS
CONTROLLED).
License Requirements
Reason for Control: NS, RS, AT, UN
Control(s)
Sfmt 4700
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
7E611
MT Column 1
RS Column 1
23467
NS applies to entire
entry, except
8A609.y.
RS applies to entire
entry, except
8A609.y.
E:\FR\FM\28APR1.SGM
28APR1
Country chart
(see Supp. No. 1 to
part 738)
NS Column 1
RS Column 1
23468
Federal Register / Vol. 85, No. 82 / Tuesday, April 28, 2020 / Rules and Regulations
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
RS applies to
8A609.y.
AT applies to entire
entry.
UN applies to entire
entry, except
8A609.y.
*
*
*
*
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
See § 746.1(b) for UN
controls
*
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
NS applies to entire
entry, except
8D620.b and .y.
RS applies to entire
entry, except
8D620.y.
RS applies to
8D620.y.
License Requirements
AT applies to entire
entry.
UN applies to entire
entry, except
8D620.y.
Reason for Control: NS, RS, AT, UN
*
8A620 SUBMERSIBLE VESSELS, OCEANOGRAPHIC
AND ASSOCIATED COMMODITIES (SEE LIST OF
ITEMS CONTROLLED).
*
*
*
NS Column 1
UN applies to entire
entry, except
8E620.y.
RS Column 1
*
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
See § 746.1(b) for UN
controls
*
‘‘TECHNOLOGY’’ ‘‘REQUIRED’’ FOR THE
‘‘DEVELOPMENT,’’ ‘‘PRODUCTION,’’
OPERATION, INSTALLATION, MAINTENANCE,
REPAIR, OVERHAUL, OR REFURBISHING OF
COMMODITIES CONTROLLED BY 8A609, 8B609,
OR 8C609, OR ‘‘SOFTWARE’’ CONTROLLED BY
8D609 (SEE LIST OF ITEMS CONTROLLED).
Country chart
(see Supp. No. 1 to
part 738)
NS applies to entire
entry, except
8A620. b and .y.
RS applies to entire
entry, except
8A620.y.
RS applies to
8A620.y.
AT applies to entire
entry.
UN applies to entire
entry, except
8A620.y.
*
*
*
*
NS Column 1
License Requirements
RS Column 1
Reason for Control: NS, RS, AT, UN
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
See § 746.1(b) for UN
controls
*
8D609 ‘‘SOFTWARE’’ ‘‘SPECIALLY DESIGNED’’
FOR THE ‘‘DEVELOPMENT,’’ ‘‘PRODUCTION,’’
OPERATION OR MAINTENANCE OF
COMMODITIES CONTROLLED BY 8A609, 8B609,
OR 8C609 (SEE LIST OF ITEMS CONTROLLED).
License Requirements
Reason for Control: NS, RS, AT, UN
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
NS applies to entire
entry, except
8D609.y.
RS applies to entire
entry, except
8D609.y.
RS applies to
8D609.y.
AT applies to entire
entry.
UN applies to entire
entry, except
8D609.y.
AT applies to entire
entry.
UN applies to entire
entry, except
8E609.y.
*
*
*
*
NS Column 1
VerDate Sep<11>2014
Control(s)
See § 746.1(b) for UN
controls
*
16:55 Apr 27, 2020
Jkt 250001
See § 746.1(b) for UN
controls
*
License Requirements
Reason for Control: NS, RS, AT, UN
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
AT applies to entire
entry.
*
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
COMMODITIES CONTROLLED BY 8A620 OR
8B620, OR ‘‘SOFTWARE’’ CONTROLLED BY
8D620 (SEE LIST OF ITEMS CONTROLLED).
RS Column 1
License Requirements
Reason for Control: NS, RS, AT, UN
*
RS Column 1
‘‘TECHNOLOGY’’ ‘‘REQUIRED’’ FOR THE
‘‘DEVELOPMENT,’’ ‘‘PRODUCTION,’’
OPERATION, INSTALLATION, MAINTENANCE,
REPAIR, OVERHAUL, OR REFURBISHING OF
8D620 ‘‘SOFTWARE’’ ‘‘SPECIALLY DESIGNED’’
FOR THE ‘‘DEVELOPMENT,’’ ‘‘PRODUCTION,’’
OPERATION, OR MAINTENANCE OF
COMMODITIES CONTROLLED BY 8A620 OR
8B620 (SEE LIST OF ITEMS CONTROLLED).
*
NS Column 1
8E620
NS applies to entire
entry, except
8E620.b and .y.
RS applies to entire
entry, except
8E620.y.
RS applies to
8E620.y.
*
jbell on DSKJLSW7X2PROD with RULES
NS applies to entire
entry, except
8E609.y.
RS applies to entire
entry, except
8E609.y.
RS applies to
8E609.y.
PO 00000
Frm 00024
Fmt 4700
*
*
*
22. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9,
remove the reference to ‘‘§ 742.6(a)(8)’’
in the License Requirement Notes in
ECCNs 9A515 and 9E515 and add in its
place ‘‘§ 742.6(a)(9)’’.
23. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9,
the License Requirements sections of
ECCNs 9A515, 9D515, 9E515, 9A610,
9A619, 9B619, 9D610, 9D619, 9E610,
and 9E619 are revised to read as
follows:
■
9A515 ‘‘SPACECRAFT’’ AND RELATED
COMMODITIES, AS FOLLOWS (SEE LIST OF
ITEMS CONTROLLED).
License Requirements
Reason for Control: NS, RS, MT, AT
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
*
See § 746.1(b) for UN
controls
■
8E609
Control(s)
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
Country chart
(see Supp. No. 1 to
part 738)
NS Column 1
RS Column 1
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
Sfmt 4700
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
NS applies to entire
entry, except .e and
.y.
RS applies to entire
entry, except .e and
.y.
RS applies to
9A515.e.
RS applies to
9A515.y, except to
Russia for use in,
with, or for the
International Space
Station (ISS), including launch to
the ISS.
MT applies to microcircuits in 9A515.d
and 9A515.e.2
when ‘‘usable in’’
‘‘missiles’’ for protecting ‘‘missiles’’
against nuclear effects (e.g., Electromagnetic Pulse
(EMP), X-rays,
combined blast and
thermal effects). MT
also applies to
9A515.h when the
total impulse capacity is equal to or
greater than
8.41x10∧5 newton
seconds.
AT applies to entire
entry.
NS Column 1
RS Column 1
RS Column 2
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
MT Column 1
AT Column 1
*
*
*
*
*
*
*
*
*
*
E:\FR\FM\28APR1.SGM
28APR1
Federal Register / Vol. 85, No. 82 / Tuesday, April 28, 2020 / Rules and Regulations
9D515 ‘‘SOFTWARE’’ ‘‘SPECIALLY DESIGNED’’
FOR THE ‘‘DEVELOPMENT,’’ ‘‘PRODUCTION,’’
OPERATION, INSTALLATION, MAINTENANCE,
REPAIR, OVERHAUL, OR REFURBISHING OF
‘‘SPACECRAFT’’ AND RELATED COMMODITIES,
AS FOLLOWS (SEE LIST OF ITEMS
CONTROLLED).
License Requirements
Reason for Control: NS, RS, AT
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
NS applies to entire
entry except
9D515.y..
RS applies to entire
entry except
9D515.y..
RS applies to
9D515.y, except to
Russia for use in,
with, or for the
International Space
Station (ISS), including launch to
the ISS.
AT applies to entire
entry.
*
*
*
*
NS Column 1
RS Column 1
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
*
‘‘TECHNOLOGY’’ ‘‘REQUIRED’’ FOR THE
‘‘DEVELOPMENT,’’ ‘‘PRODUCTION,’’
OPERATION, INSTALLATION, REPAIR,
OVERHAUL, OR REFURBISHING OF
‘‘SPACECRAFT’’ AND RELATED COMMODITIES,
AS FOLLOWS (SEE LIST OF ITEMS
CONTROLLED).
9E515
Reason for Control: NS, MT, RS, AT
Country chart
(see Supp. No. 1 to
part 738)
jbell on DSKJLSW7X2PROD with RULES
NS applies to entire
entry except
9E515.y.
MT applies to technology for items in
9A515.d,
9A515.e.2, and
9B515.a controlled
for MT reasons.
RS applies to entire
entry except
9E515.y.
RS applies to
9E515.y, except to
Russia for use in,
with, or for the
International Space
Station (ISS), including launch to
the ISS.
AT applies to entire
entry.
*
*
*
*
License Requirements
Reason for Control: NS, RS, MT, AT, UN
Reason for Control: NS, RS, AT, UN
NS applies to entire
entry except:.
9A610.b; parts and
components controlled in 9A610.x if
being exported or
reexported for use
in an aircraft controlled in 9A610.b;
and 9A610.y.
RS applies to entire
entry except:.
9A610.b; parts and
components controlled in 9A610.x if
being exported or
reexported for use
in an aircraft controlled in 9A610.b;
and 9A610.y.
RS applies to
9A610.y.
MT applies to
9A610.t, .u, .v, and
.w.
AT applies to entire
entry.
UN applies to entire
entry except
9A610.y.
*
*
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
MT Column 1
NS applies to entire
entry except
9A619.y.
RS applies to entire
entry except
9A619.y.
RS applies to
9A619.y.
RS Column 1
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT applies to entire
entry.
UN applies to entire
entry except
9A619.y.
*
*
*
*
*
PO 00000
AT Column 1
Fmt 4700
AT applies to entire
entry.
UN applies to entire
entry except
9B619.y.
*
*
*
NS Column 1
RS Column 1
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
See § 746.1(b) for UN
controls
*
9D610 SOFTWARE ‘‘SPECIALLY DESIGNED’’ FOR
THE ‘‘DEVELOPMENT,’’ ‘‘PRODUCTION,’’
OPERATION, OR MAINTENANCE OF MILITARY
AIRCRAFT AND RELATED COMMODITIES
CONTROLLED BY 9A610, EQUIPMENT
CONTROLLED BY 9B610, OR MATERIALS
CONTROLLED BY 9C610 (SEE LIST OF ITEMS
CONTROLLED).
Reason for Control: NS, RS, MT, AT, UN
See § 746.1(b) for UN
controls
*
NS Column 1
RS Column 1
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
See § 746.1(b) for UN
controls
*
TEST, INSPECTION, AND PRODUCTION
‘‘EQUIPMENT’’ AND RELATED COMMODITIES
‘‘SPECIALLY DESIGNED’’ FOR THE
‘‘DEVELOPMENT’’ OR ‘‘PRODUCTION’’ OF
COMMODITIES ENUMERATED OR OTHERWISE
DESCRIBED IN ECCN 9A619 OR USML
CATEGORY XIX (SEE LIST OF ITEMS
CONTROLLED).
Frm 00025
NS applies to entire
entry except
9B619.y.
RS applies to entire
entry except
9B619.y.
RS applies to
9B619.y.
License Requirements
9B619
AT Column 1
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
*
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
MT Column 1
Jkt 250001
*
RS Column 1
Reason for Control: NS, RS, AT, UN
NS Column 1
16:55 Apr 27, 2020
*
NS Column 1
License Requirements
9A610 MILITARY AIRCRAFT AND RELATED
COMMODITIES, OTHER THAN THOSE
ENUMERATED IN 9A991.A (SEE LIST OF ITEMS
CONTROLLED).
VerDate Sep<11>2014
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
9A619 MILITARY GAS TURBINE ENGINES AND
RELATED COMMODITIES (SEE LIST OF ITEMS
CONTROLLED).
License Requirements
Control(s)
License Requirements
23469
Sfmt 4700
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
NS applies to entire
entry except
9D610.y.
MT applies to software ‘‘specially designed’’ for the operation, installation,
maintenance, repair, overhaul, or
refurbishing of commodities controlled
for MT reasons in
9A610 or 9B610.
RS applies to entire
entry except
9D610.y.
RS applies to
9D610.y.
AT applies to entire
entry.
UN applies to entire
entry except
9D610.y.
*
*
*
*
NS Column 1
MT Column 1
RS Column 1
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
See § 746.1(b) for UN
controls
*
9D619 SOFTWARE ‘‘SPECIALLY DESIGNED’’ FOR
THE ‘‘DEVELOPMENT,’’ ‘‘PRODUCTION,’’
OPERATION OR MAINTENANCE OF MILITARY
GAS TURBINE ENGINES AND RELATED
COMMODITIES CONTROLLED BY 9A619,
EQUIPMENT CONTROLLED BY 9B619, OR
MATERIALS CONTROLLED BY 9C619 (SEE LIST
OF ITEMS CONTROLLED).
License Requirements
Reason for Control: NS, RS, AT, UN
E:\FR\FM\28APR1.SGM
28APR1
23470
Federal Register / Vol. 85, No. 82 / Tuesday, April 28, 2020 / Rules and Regulations
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
NS applies to entire
entry except
9D619.y.
RS applies to entire
entry except
9D619.y.
RS applies to
9D619.y.
AT applies to entire
entry.
UN applies to entire
entry except
9D619.y.
*
*
*
*
NS Column 1
SOFTWARE CONTROLLED BY 9D619 (SEE LIST
OF ITEMS CONTROLLED).
License Requirements
Reason for Control: NS, RS, AT, UN
Control(s)
RS Column 1
NS applies to entire
entry except
9E619.y.
RS applies to entire
entry except
9E619.y.
RS applies to
9E619.y.
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
See § 746.1(b)
for UN controls
*
TECHNOLOGY ‘‘REQUIRED’’ FOR THE
‘‘DEVELOPMENT,’’ ‘‘PRODUCTION,’’
OPERATION, INSTALLATION, MAINTENANCE,
REPAIR, OVERHAUL, OR REFURBISHING OF
MILITARY AIRCRAFT AND RELATED
COMMODITIES CONTROLLED BY 9A610,
EQUIPMENT CONTROLLED BY 9B610,
MATERIALS CONTROLLED BY 9C610, OR
SOFTWARE CONTROLLED BY 9D610 (SEE LIST
OF ITEMS CONTROLLED).
9E610
AT applies to entire
entry.
UN applies to entire
entry except
9E619.y.
Country chart
(see Supp. No. 1 to
part 738)
NS Column 1
RS Column 1
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
AT Column 1
See § 746.1(b)
for UN controls
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2020–07241 Filed 4–27–20; 8:45 am]
BILLING CODE 3510–33–P
License Requirements
Reason for Control: NS, RS, MT, AT, UN
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
NS applies to entire
entry except
9E610.y.
RS applies to entire
entry except
9E610.y.
RS applies to
9E610.y.
MT applies to ‘‘technology’’ ‘‘required’’
for the ‘‘development,’’ ‘‘production,’’ operation, installation, maintenance, repair, overhaul, or refurbishing
of commodities or
software controlled
for MT reasons in
9A610, 9B610, or
9D610 for MT reasons.
AT applies to entire
entry.
UN applies to entire
entry except
9E610.y.
*
*
*
DEPARTMENT OF COMMERCE
*
NS Column 1
jbell on DSKJLSW7X2PROD with RULES
15 CFR Parts 740 and 774
[Docket No. 190513446–9446–01]
RIN 0694–AH84
RS Column 1
Elimination of License Exception Civil
End Users (CIV)
China, Russia, or
Venezuela (see
§ 742.6(a)(7))
MT Column 1
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
In this final rule, the Bureau
of Industry and Security (BIS) is
amending the Export Administration
Regulations (EAR) by removing License
Exception Civil End Users (CIV) and
requiring a license for national securitycontrolled items on the Commerce
Control List (CCL) to countries of
national security concern. This will
advance U.S. national security interests
by allowing U.S. government review of
these transactions to these countries
prior to export, reexport or transfer (incountry) in accordance with current
licensing policy for national securitycontrolled items on the CCL. This rule
also makes conforming changes to the
CCL by removing the CIV paragraph
from each Export Control Classification
Number on the CCL where it appears.
DATES: This rule is effective June 29,
2020.
FOR FURTHER INFORMATION CONTACT:
Eileen Albanese, Director, Office of
SUMMARY:
AT Column 1
See § 746.1(b) for UN
controls
*
‘‘TECHNOLOGY’’ ‘‘REQUIRED’’ FOR THE
‘‘DEVELOPMENT,’’ ‘‘PRODUCTION,’’
OPERATION, INSTALLATION, MAINTENANCE,
REPAIR, OVERHAUL, OR REFURBISHING OF
9E619
MILITARY GAS TURBINE ENGINES AND
RELATED COMMODITIES CONTROLLED BY
9A619, EQUIPMENT CONTROLLED BY 9B619,
MATERIALS CONTROLLED BY 9C619, OR
VerDate Sep<11>2014
Bureau of Industry and Security
16:55 Apr 27, 2020
Jkt 250001
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
National Security and Technology
Transfer Controls, Bureau of Industry
and Security, Department of Commerce,
Phone: (202) 482–0092 or by email at
eileen.albanese@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Department of Commerce’s
Bureau of Industry and Security (BIS)
administers U.S. laws, regulations and
policies governing the export, reexport,
and transfer (in-country) of
commodities, software, and technology
(collectively ‘‘items’’) falling under the
jurisdiction of the Export
Administration Regulations (EAR) (15
CFR, subchapter C, parts 730 through
774). The primary goal of this effort is
to advance U.S. national security,
foreign policy, and economic objectives
by ensuring an effective export control
and treaty compliance system and
promoting continued U.S. strategic
technology leadership. Items subject to
the EAR may require a license or other
type of authorization prior to export,
reexport, or transfer (in-country).
An export license exception is an
authorization allowing export, re-export,
or transfer (in-country) under stated
conditions, of items subject to the EAR
otherwise requiring a license. Because
there are a number of circumstances
under which a license exception may
replace the need for a license, there are
several types of license exceptions. A
description of each of the license
exception types, as well as information
regarding license exceptions more
generally, can be found in 15 CFR part
740, which is available at https://
www.bis.doc.gov/index.php/documents/
regulations-docs/2341-740-2/file.
As described in 15 CFR part 736,
transactions involving items subject to
the EAR must abide by 10 general
prohibitions. Obligations under the ten
general prohibitions rely largely on
knowledge of the details of a
transaction, including the classification
and destination of the item as well as
the end-user and end-use of the item.
The EAR contains a definition of
‘‘knowledge’’ and its variants ‘‘know’’,
‘‘reason to know’’, or ‘‘reason to
believe’’ in part 772.
Removal of License Exception CIV
(§ 740.5 Civil End Users)
In this final rule, BIS is removing
License Exception Civil End-Users (CIV)
(§ 740.5 of the EAR), which authorized
exports, reexports, and transfers (incountry) of certain national securitycontrolled items, without prior review
by BIS provided the exception’s criteria
were met, to most civil end users for
civil end uses in Country Group D:1. As
E:\FR\FM\28APR1.SGM
28APR1
]]>Agencies
[Federal Register Volume 85, Number 82 (Tuesday, April 28, 2020)]
[Rules and Regulations]
[Pages 23459-23470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07241]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 732, 734, 738, 742, 744, 758, and 774
[Docket No. 180212164-9483-01]
RIN 0694-AH53
Expansion of Export, Reexport, and Transfer (in-Country) Controls
for Military End Use or Military End Users in the People's Republic of
China, Russia, or Venezuela
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) to expand license requirements
on exports, reexports, and transfers (in-country) of items intended for
military end use or military end users in the People's Republic of
China (China), Russia, or Venezuela. Specifically, this rule expands
the licensing requirements for China to include ``military end users,''
in addition to ``military end use.'' It broadens the list of items for
which the licensing requirements and review policy apply and expands
the definition of ``military end use.'' Next, it creates a
[[Page 23460]]
new reason for control and the associated review policy for regional
stability for certain items exported to China, Russia, or Venezuela,
moving existing text related to this policy. Finally, it adds
Electronic Export Information filing requirements in the Automated
Export System for exports to China, Russia, and Venezuela. This rule
supports the objectives discussed in the National Security Strategy of
the United States.
DATES: This rule is effective June 29, 2020.
FOR FURTHER INFORMATION CONTACT: Eileen Albanese, Director, Office of
National Security and Technology Transfer Controls, Bureau of Industry
and Security, Department of Commerce. Phone: (202) 482-0092; Fax: (202)
482-3355; Email: [email protected]. For emails, include ``Military End
Use or User'' in the subject line.
SUPPLEMENTARY INFORMATION:
Background
In December 2017, the White House issued the National Security
Strategy of the United States of America (NSS), which states that ``The
United States will respond to the growing political, economic, and
military competitions we face around the world.'' The NSS, which can be
found at www.whitehouse.gov, discusses four pillars--protect the
homeland, promote American prosperity, preserve peace through strength,
and advance American influence. The strategy notes that ``China and
Russia challenge American power, influence, and interests, attempting
to erode American security and prosperity. They are determined to make
economies less free and less fair, to grow their militaries, and to
control information and data to repress their societies and expand
their influence.'' The NSS further notes, ``Both China and Russia
support the dictatorship in Venezuela and are seeking to expand
military linkages and arms sales across the region.''
BIS is publishing this rule to support the national security and
foreign policy objectives of the United States by broadening the United
States government's visibility into and ability to deny or condition
exports, reexports, and transfers (in-country) involving certain items
on the Commerce Control List (CCL) (Supplement No. 1 to part 774 of the
Export Administration Regulations) that are destined to military end
users or end uses in China, Russia, or Venezuela.
Expansion of Military End Use and End User Controls
End use (how will the product ultimately be used) and the end user
(who will ultimately use the product) are important factors when
determining license requirements. Examples of prohibited end use
include restrictions on certain nuclear end uses, use of products in
weapons of mass destruction, and use of microprocessors for military
end use. For a full list of end-use and end-user prohibitions under the
EAR, see Part 744 of the EAR. The EAR's current definition of military
end users includes the army, navy, air force, marines and coast guard,
plus the national guard/police, government intelligence and
reconnaissance organizations; this rule does not modify that
definition. The EAR's current definition of military end use refers
both to direct use (for parts, components or subsystems of weapons and
other defense articles) and indirect use (weapon design and
development, testing, repair and maintenance). This rule broadens the
definition of military end use beyond any item for the ``use,''
``development,'' or ``production'' to include any item that supports or
contributes to the operation, installation, maintenance, repair,
overhaul, refurbishing, ``development,'' or ``production,'' of military
items.
On June 19, 2007, BIS published a rule imposing a license
requirement on exports, reexports, and transfers (in-country) of
certain items intended for military end use in China (72 FR 33646), in
large part due to a continued lack of transparency regarding products
and technologies intended for military end use as China strengthened
its military activities and capabilities. On September 17, 2014, BIS
expanded these license requirements to include military end uses and
end users in Russia (79 FR 55608), to address that country's continuing
policy of destabilization in Ukraine and occupation of Crimea. On
November 7, 2014, BIS expanded these license requirements to include
military end uses and end users in Venezuela (79 FR 66288) as the
actions and policies of the Venezuelan military, including its
continued and increased repression and complicity in human rights
violations, undermined democratic processes and institutions and
thereby constituted an unusual and extraordinary threat to the national
security and foreign policy of the United States.
This rule further expands license requirements for exports,
reexports, and transfers (in-country) of items intended for military
end use or military end users in the People's Republic of China
(China), Russia, or Venezuela by broadening the license requirement in
Sec. 744.21 of the Export Administration Regulations (15 CFR parts
730-774) (EAR) to include military end users in China. This expansion
will require increased diligence with respect to the evaluation of end
users in China, particularly in view of China's widespread civil-
military integration.
In addition, this rule broadens the scope of the items subject to
license requirements in Sec. 744.21 by adding items to the list of
items subject to the military end-use and end-user license requirements
in Supplement No. 2 to part 744. Specifically, this rule adds the
following Export Control Classification Numbers (ECCNs) in the
categories of materials processing, electronics, telecommunications,
information security, sensors and lasers, and propulsion to the
supplement: 2A290, 2A291, 2B999, 2D290, 3A991, 3A992, 3A999, 3B991,
3B992, 3C992, 3D991, 5B991, 5A992, 5D992, 6A991, 6A996, and 9B990.
Additionally, this rule expands the range of items under ECCNs 3A992,
8A992, and 9A991 included in Supplement No. 2 to part 744.
This rule adopts a license review policy of presumption of denial
in Sec. 744.21(e). This change makes the review policy consistent with
the review policy for certain exports, reexports, and transfers (in-
country) of microprocessors and associated software and technologies
for military end uses and end users in Sec. 744.17(c). Further, this
rule broadens the definition of ``military end use'' by identifying
each element of the definition of ``use'' so that any one of the six
elements, standing alone, is sufficient. As amended, the definition of
``military end use'' in Sec. 744.21(f) will include any item that
supports or contributes to the operation, installation, maintenance,
repair, overhaul, refurbishing, ``development,'' or ``production,'' of
military items described on the United States Munitions List
(International Traffic in Arms Regulations (22 CFR 126.1)), or items
classified under ECCNs ending in ``A018'' or under ``600 series''
ECCNs.
Clarification of Controls on ``600 series'' .y and 9x515.y Items
Additionally, to help the public comply with EAR Sec. 744.21, this
rule would relocate the existing license requirement for items
described in a .y paragraph of a 9x515 or ``600 series'' ECCN to China,
Russia, or Venezuela from Sec. 744.21 to the License Requirements
sections of the relevant ECCNs on the CCL.
[[Page 23461]]
The license requirement in Sec. 744.21 for ``600 series'' .y items
was imposed in an April 16, 2013 rule that initially implemented ``600
series'' controls (Revisions to the Export Administration Regulations:
Initial Implementation of Export Control Reform, 78 FR 22660, at 22723)
because such items were presumptively for military end use. The license
requirement in Sec. 744.21 for 9x515.y items was imposed in a May 13,
2014 rule that implemented CCL controls on certain spacecraft
(Revisions to the Export Administration Regulations: Control of
Spacecraft Systems and Related Items the President Determines No Longer
Warrant Control Under the United States Munitions List (USML), 79 FR
27418, at 27436), prohibiting the export of all items described in
9A515.y to China. As noted previously, subsequent rules broadened the
application of Sec. 744.21 to Russia and Venezuela. This relocation of
the existing license requirement from EAR Sec. 744.21 to the CCL would
not change its scope, which was intended to result in a license
requirement for all 9x515.y or ``600 series'' .y items to those
destinations. Although the rules imposing controls on ``600 series'' .y
and 9x515.y items did not assign a ``reason for control'' as that term
is used on the CCL, BIS believes such items should require a license in
order to support U.S. foreign policy to maintain regional stability.
Accordingly, the reason for control is regional stability (RS) as
described in new EAR Sec. 742.6(a)(7). The associated review policy is
described in new Sec. 742.6(b)(8). The license review policy reflects
current regional stability policy for ``600'' series and 9x515 items.
The addition of new Sec. 742.6(a)(7) would require redesignation of
the following paragraphs in the section (as well as conforming
changes): Sec. Sec. 732.3(b)(4), 734.3(c), 738.1(a)(3), and ECCNs
0A521, 0B521, 0C521, 0D521, 0E521, 9A515, and 9E515.
Expansion of Electronic Export Information Filing Requirements
Finally, this rule expands Electronic Export Information (EEI)
filing requirements in the Automated Export System (AES) for exports to
China, Russia, or Venezuela. Existing provisions exempt exporters from
both filing EEI for many shipments valued under $2,500 (unless an
export license is required) and from entering the ECCN in the EEI when
the reason for control is only anti-terrorism (AT). To promote
transparency with respect to shipments to these destinations, this rule
revises Sec. 758.1 of the EAR to require filing for items destined to
China, Russia, or Venezuela regardless of the value of the shipment,
unless the shipment is eligible for License Exception GOV. In addition,
even if no license is required to ship an item to those destinations,
the EEI filing must include the correct ECCN regardless of reason for
control. Certain exemptions from filing found in both the EAR and
Foreign Trade Regulations (see Sec. 758.1(c) of the EAR), such as for
personally-owned baggage, are retained in this rule.
Export Control Reform Act of 2018
On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-
4852) that provides the legal basis for BIS's principal authorities and
serves as the authority under which BIS issues this rule. As set forth
in Section 1768 of ECRA, all delegations, rules, regulations, orders,
determinations, licenses, or other forms of administrative action that
have been made, issued, conducted, or allowed to become effective under
the Export Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as in
effect prior to August 13, 2018 and as continued in effect pursuant to
the International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) and Executive Order 13222 of August 17, 2001, 3 CFR, 2001 Comp.,
p. 783 (2002), as amended by Executive Order 13637 of March 8, 2013, 78
FR 16129 (March 13, 2013), and as extended by the Notice of August 14,
2019, 84 FR 41881 (August 15, 2019)), or the Export Administration
Regulations, and are in effect as of August 13, 2018, shall continue in
effect according to their terms until modified, superseded, set aside,
or revoked under the authority of ECRA.
Rulemaking Requirements
1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This final rule has been designated a ``significant
regulatory action,'' although not economically significant, under
section 3(f) of Executive Order 12866.
2. This final rule is not subject to the requirements of Executive
Order 13771 (82 FR 9339, February 3, 2017) because it is issued with
respect to a national security function of the United States. As
discussed in the background section, this rule supports the objectives
laid out in the National Security Strategy of the United States of
America (NSS) by broadening the United States government's visibility
into transactions involving certain items on the CCL and exports,
reexports and transfers (in-country) to military end users or end uses
in China, Russia, or Venezuela. Specifically, the expansion of controls
would enhance the national security of the United States by reducing
the risk that exports, reexports, and transfers (in-country) of items
subject to the EAR could contribute to the military capability of
China, Russia, or Venezuela contrary to U.S. national security
interests. It allows the United States government to review
transactions involving military end uses or end users in those
destinations prior to their completion to mitigate this risk.
Therefore, the cost-benefit analysis required pursuant to Executive
Orders 13563 and 12866 indicates this rule is intended to improve
national security as its primary direct benefit. Accordingly, this rule
meets the requirements set forth in the April 5, 2017, OMB guidance
implementing Executive Order 13771 (82 FR 9339, February 3, 2017),
regarding what constitutes a regulation issued ``with respect to a
national security function of the United States'' and it is, therefore,
exempt from the requirements of Executive Order 13771.
3. Notwithstanding any other provision of law, no person may be
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This regulation involves a
collection currently approved by OMB under control number 0694-0088,
Simplified Network Application Processing System. This collection
includes, among other things, license applications, and carries a
burden estimate of 42.5 minutes for a manual or electronic submission
for a total burden estimate of 31,878 hours. BIS receives very few
license applications for military end uses in China or for military end
uses or end users in Russia or Venezuela (approximately two to three
annually). BIS believes that the reason for this small number is the
[[Page 23462]]
likelihood that that such applications will be denied. BIS anticipates
that broadening the range of items and parties subject to these
military end-use and end-user license requirements will increase the
number of licenses submitted; however, BIS also believes that, due to
continuing likelihood of denials, this increase is not expected to
exceed the existing estimates currently associated with OMB control
number 0694-0088.
Any comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden, may be
sent to Jasmeet K. Seehra, Office of Management and Budget (OMB), by
email to [email protected], or by fax to (202) 395-7285.
4. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
5. Pursuant to Sec. 1762 of ECRA, this action is exempt from the
Administrative Procedure Act (5 U.S.C. 553) requirements for notice of
proposed rulemaking, opportunity for public participation, and delay in
effective date.
6. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required and none
has been prepared.
Saving Clause
Shipments of items removed from license exception eligibility or
eligibility for export, reexport or transfer (in-country) without a
license as a result of this regulatory action that were on dock for
loading, on lighter, laden aboard an exporting carrier, or en route
aboard a carrier to a port of export, on June 29, 2020, pursuant to
actual orders for exports, reexports and transfers (in-country) to a
foreign destination, may proceed to that destination under the previous
license exception eligibility or without a license so long as they have
been exported, reexported or transferred (in-country) before July 27,
2020. Any such items not actually exported, reexported or transferred
(in-country) before midnight, on July 27, 2020 require a license in
accordance with this final rule.
List of Subjects
15 CFR Parts 732 and 758
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 734
Administrative practice and procedure, Exports, Inventions and
patents, Research Science and technology.
15 CFR Part 738
Exports.
15 CFR Part 742
Exports, Terrorism.
15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, 15 CFR chapter VII,
subchapter C is amended as follows:
PART 732--STEPS FOR DETERMINING LICENSING REQUIREMENTS
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1. The authority citation for part 732 continues to read as follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783).
Sec. 732.3 [Amended]
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2. In Sec. 732.3, in paragraph (b)(4), remove the reference to ``Sec.
742.6(a)(7)'' and add in its place ``Sec. 742.6(a)(8)''.
PART 734--SCOPE OF THE EAR
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3. The authority citation for part 734 continues to read as follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp.,
p. 223; Notice of November 12, 2019, 84 FR 61817 (November 13,
2019).
Sec. 734.3 [Amended]
0
4. In Sec. 734.3, in paragraph (c), remove the reference to ``Sec.
742.6(a)(7)'' and add in its place ``Sec. 742.6(a)(8)''.
PART 738--COMMERCE CONTROL LIST AND THE COUNTRY CHART
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5. The authority citation for part 738 continues to read as follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C.
287c; 22 U.S.C. 2151 note; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004;
42 U.S.C. 2139a; 15 U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et
seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783.
Sec. 738.1 [Amended]
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6. In Sec. 738.1, in paragraph (a)(3), remove the reference to ``Sec.
742.6(a)(7)'' and add in its place ``Sec. 742.6(a)(8)''.
PART 742--CONTROL POLICY--CCL BASED CONTROLS
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7. The authority citation for part 742 continues to read as follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR
59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004
Comp., p. 320; Notice of November 12, 2019, 84 FR 61817 (November
13, 2019).
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8. In Sec. 742.6:
0
a. Revise paragraph (a)(1);
0
b. Redesignate paragraphs (a)(7) and (8) as paragraphs (a)(8) and (9)
and add new paragraph (a)(7);
0
c. Revise newly redesignated paragraph (a)(8)(i);
0
d. Revise paragraph(b)(1)(i); and
0
e. Add paragraph (b)(8).
The revisions and additions read as follows:
Sec. 742.6 Regional stability.
(a) * * *
(1) RS Column 1 license requirements in general. A license is
required for exports and reexports to all destinations, except Canada,
for all items in ECCNs on the CCL that include RS Column 1 in the
Country Chart column of the ``License Requirements'' section.
Transactions described in paragraph (a)(2), (3), or (9) of this section
are subject to the RS Column 1 license requirements set forth in those
paragraphs rather than the license requirements set forth in this
paragraph (a)(1).
* * * * *
(7) RS requirement that applies to the People's Republic of China
(China), Russia, or Venezuela. A license is required to export or
reexport to China, Russia, or Venezuela any item described in a .y
paragraph of a 9x515 or ``600 series'' ECCN, except for exports or
[[Page 23463]]
reexports to Russia for use in, with, or for the International Space
Station (ISS), including launch to the ISS. (See Sec. 740.11(e)(1) of
the EAR for a definition of the ISS.)
(8) * * *
(i) Scope. This paragraph (a)(8) supplements the information in the
0Y521 ECCNs and in Supplement No. 5 to part 774 (Items Classified Under
ECCNs 0A521, 0B521, 0C521, 0D521 and 0E521). This paragraph alerts
exporters, reexporters and transferors to the procedures that apply to
items classified under the 0Y521 ECCNs.
* * * * *
(b) * * *
(1) * * *
(i) Applications for exports and reexports of ECCN 0A501, 0A504,
0A505, 0B501, 0B505, 0D501, 0D505, 0E501, 0E504, and 0E505 items; 9x515
and ``600 series'' items will be reviewed on a case-by-case basis to
determine whether the transaction is contrary to the national security
or foreign policy interests of the United States, including the foreign
policy interest of promoting the observance of human rights throughout
the world. Other applications for exports and reexports described in
paragraph (a)(1), (2), (6), or (8) of this section will be reviewed on
a case-by-case basis to determine whether the export or reexport could
contribute directly or indirectly to any country's military
capabilities in a manner that would alter or destabilize a region's
military balance contrary to the foreign policy interests of the United
States. Applications for reexports of items described in paragraph
(a)(3) of this section will be reviewed applying the policies for
similar commodities that are subject to the ITAR. Applications for
export or reexport of items classified under any 9x515 or ``600
series'' ECCN requiring a license in accordance with paragraph (a)(1)
or (9) of this section will also be reviewed consistent with United
States arms embargo policies in Sec. 126.1 of the ITAR (22 CFR 126.1)
if destined to a country set forth in Country Group D:5 in Supplement
No. 1 to part 740 of the EAR. Applications for export or reexport of
``parts,'' ``components,'' ``accessories,'' ``attachments,''
``software,'' or ``technology'' ``specially designed'' or otherwise
required for the F-14 aircraft will generally be denied. When destined
to China or a country listed in Country Group E:1 in Supplement No. 1
to part 740 of the EAR, items classified under ECCN 0A501, 0A505,
0B501, 0B505, 0D501, 0D505, 0E501, 0E504, and 0E505 or any 9x515 ECCN
will be subject to a policy of denial. In addition, applications for
exports and reexports of ECCN 0A501, 0A505, 0B501, 0B505, 0D501, 0D505,
0E501, 0E504, and 0E505 items when there is reason to believe the
transaction involves criminal organizations, rebel groups, street
gangs, or other similar groups or individuals, that may be disruptive
to regional stability, including within individual countries, will be
subject to a policy of denial.
* * * * *
(8) China, Russia, or Venezuela. Applications to export or reexport
items described in paragraph (a)(7) of this section to China, Russia,
or Venezuela will be reviewed on a case-by-case basis to determine
whether the transaction is contrary to the national security or foreign
policy interests of the United States, including the foreign policy
interest of promoting the observance of human rights throughout the
world. Such applications will also be reviewed consistent with United
States arms embargo policies in Sec. 126.1 of the ITAR (22 CFR 126.1)
if destined to a country set forth in Country Group D:5 in Supplement
No. 1 to part 740 of the EAR. When destined to China, items classified
under any 9x515.y ECCN will be subject to a policy of denial consistent
with paragraph (b)(1) of this section.
* * * * *
PART 744--CONTROL POLICY: END USER AND END USE BASED
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9. The authority citation for part 744 continues to read as follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of September 19, 2019, 83 FR 49633 (September 20, 2019); Notice of
November 12, 2019, 84 FR 61817 (November 13, 2019).
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10. In Sec. 744.1, revise the last two sentences of paragraph (a)(1)
to read as follows:
Sec. 744.1 General provisions.
(a)(1) * * * Section 744.21 imposes restrictions for exports,
reexports and transfers (in-country) of items on the CCL for a
`military end use' or `military end user' in the People's Republic of
China (PRC or China), Russia, or Venezuela. Section 744.22 imposes
restrictions on exports, reexports and transfers to persons whose
property and interests in property are blocked pursuant to Executive
Orders 13310, 13448, or 13464.
* * * * *
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11. Section 744.21 is revised to read as follows:
Sec. 744.21 Restrictions on certain `military end use' or `military
end user' in the People's Republic of China, Russia, or Venezuela.
(a) General prohibition. In addition to the license requirements
for items specified on the Commerce Control List (CCL), you may not
export, reexport, or transfer (in-country) any item subject to the EAR
listed in Supplement No. 2 to part 744 to the People's Republic of
China (China), Russia, or Venezuela without a license if, at the time
of the export, reexport, or transfer (in-country), you have
``knowledge,'' as defined in Sec. 772.1 of the EAR, that the item is
intended, entirely or in part, for a `military end use,' as defined in
paragraph (f) of this section, or `military end user,' as defined in
paragraph (g) of this section, in China, Russia, or Venezuela.
(b) Additional prohibition on those informed by BIS. BIS may inform
you either individually by specific notice, through amendment to the
EAR published in the Federal Register, or through a separate notice
published in the Federal Register, that a license is required for
specific exports, reexports, or transfers (in-country) of any item
because there is an unacceptable risk of use in or diversion to a
`military end use' or `military end user' in China, Russia, or
Venezuela. Specific notice will be given only by, or at the direction
of, the Deputy Assistant Secretary for Export Administration. When such
notice is provided orally, it will be followed by written notice within
two working days signed by the Deputy Assistant Secretary for Export
Administration or the Deputy Assistant Secretary's designee. The
absence of BIS notification does not excuse the exporter from
compliance with the license requirements of paragraph (a) of this
section.
(c) License exception. Despite the prohibitions described in
paragraphs (a) and (b) of this section, you may export, reexport, or
transfer (in-country) items subject to the EAR under the provisions of
License Exception GOV set forth in Sec. 740.11(b)(2)(i) and (ii) of
the EAR.
(d) License application procedure. When submitting a license
application pursuant to this section, you must state in the
``additional information'' block of the application that ``this
application is submitted because of the license
[[Page 23464]]
requirement in Sec. 744.21 of the EAR (Restrictions on a `Military End
Use' or `Military End User' in the People's Republic of China, Russia,
or Venezuela).'' In addition, either in the additional information
block of the application or in an attachment to the application, you
must include all known information concerning the `military end use'
and `military end user(s)' of the item(s). If you submit an attachment
with your license application, you must reference the attachment in the
``additional information'' block of the application.
(e) License review standards. (1) Applications to export, reexport,
or transfer (in-country) items described in paragraph (a) of this
section will be reviewed with a presumption of denial.
(2) Applications may be reviewed under chemical and biological
weapons, nuclear nonproliferation, or missile technology review
policies, as set forth in Sec. Sec. 742.2(b)(4), 742.3(b)(4), and
742.5(b)(4) of the EAR, if the end use may involve certain
proliferation activities.
(3) Applications for items requiring a license for any reason that
are destined to China, Russia, or Venezuela for a `military end use' or
`military end user' also will be subject to the review policy stated in
paragraph (e)(1) of this section.
(f) Military end use. In this section, `military end use' means:
incorporation into a military item described on the U.S. Munitions List
(USML) (22 CFR part 121, International Traffic in Arms Regulations);
incorporation into items classified under ECCNs ending in ``A018'' or
under ``600 series'' ECCNs; or any item that supports or contributes to
the operation, installation, maintenance, repair, overhaul,
refurbishing, ``development,'' or ``production,'' of military items
described on the USML, or items classified under ECCNs ending in
``A018'' or under ``600 series'' ECCNs.
(g) Military end user. In this section, the term `military end
user' means the national armed services (army, navy, marine, air force,
or coast guard), as well as the national guard and national police,
government intelligence or reconnaissance organizations, or any person
or entity whose actions or functions are intended to support `military
end uses' as defined in paragraph (f) of this section.
(h) Effects on contracts. Venezuela: Transactions involving the
export, reexport, or transfer (in country) of items to or within
Venezuela are not subject to the provisions of Sec. 744.21 if the
contracts for such transactions were signed prior to November 7, 2014.
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12. Supplement No. 2 to part 744 is revised to read as follows:
Supplement No. 2 to Part 744--List of Items Subject to the Military End
Use or End User License Requirement of Sec. 744.21
The following items, as described, are subject to the military
end use or end user license requirement in Sec. 744.21.
(1) Category 1 Materials, Chemicals, Microorganisms, and Toxins
(i) 1A290 Depleted uranium (any uranium containing less than
0.711% of the isotope U 235) in shipments of more than 1,000
kilograms in the form of shielding contained in X ray units,
radiographic exposure or teletherapy devices, radioactive
thermoelectric generators, or packaging for the transportation of
radioactive materials.
(ii) 1C990 Fibrous and filamentary materials, not controlled by
1C010 or 1C210, for use in ``composite'' structures and with a
specific modulus of 3.18x10\6\m or greater and a specific tensile
strength of 7.62x10\4\m or greater.
(iii) 1C996 Hydraulic fluids containing synthetic hydrocarbon
oils, having all the characteristics in the List of Items
Controlled.
(iv) 1D993 ``Software'' specially designed for the
``development'', ``production'', or ``use'' of equipment or
materials controlled by 1C210.b, or 1C990.
(v) 1D999 Limited to specific software controlled by 1D999.b for
equipment controlled by 1B999.e that is specially designed for the
production of prepregs controlled in Category 1, n.e.s.
(vi) 1E994 Limited to ``technology'' for the ``development'',
``production'', or ``use'' of fibrous and filamentary materials
other than glass, aramid or polyethylene controlled by 1C990.
(2) Category 2 Materials Processing
(i) 2A290 Generators and other equipment ``specially designed,''
prepared, or intended for use with nuclear plants.
(ii) 2A291 Equipment, except items controlled by 2A290, related
to nuclear material handling and processing and to nuclear reactors,
and ``parts,'' ``components'' and ``accessories'' therefor (see List
of Items Controlled).
(iii) 2A991 Limited to bearings and bearing systems not
controlled by 2A001 and with operating temperatures above 573 K (300
[deg]C).
(iv) 2B991 Limited to ``numerically controlled'' machine tools
having ``positioning accuracies'', with all compensations available,
less (better) than 9 [mu]m along any linear axis; and machine tools
controlled under 2B991.d.1.a.
(v) 2B992 Non ``numerically controlled'' machine tools for
generating optical quality surfaces, and specially designed
components therefor.
(vi) 2B996 Limited to dimensional inspection or measuring
systems or equipment not controlled by 2B006 with measurement
uncertainty equal to or less (better) than (1.7 + L/1000)
micrometers in any axes (L measured Length in mm).
(vii) 2B999 Specific processing equipment, n.e.s. (see List of
Items Controlled).
(viii) 2D290 ``Software'' ``specially designed'' or modified for
the ``development,'' ``production,'' or ``use'' of items controlled
by 2A290 or 2A291.
(3) Category 3 Electronics Design, Development and Production
(i) 3A991 Electronic devices, and ``components'' not controlled
by 3A001.
(ii) 3A992 General purpose electronic equipment not controlled
by 3A002.
(iii) 3A999 Specific processing equipment, n.e.s. (see List of
Items Controlled).
(iv) 3B991 Equipment not controlled by 3B001 for the manufacture
of electronic ``parts,'' ``components'' and materials, and
``specially designed'' ``parts,'' ``components'' and ``accessories''
therefor.
(v) 3B992 Equipment not controlled by 3B002 for the inspection
or testing of electronic ``components'' and materials, and
``specially designed'' ``parts,'' ``components'' and ``accessories''
therefor.
(vi) 3C992 Positive resists designed for semiconductor
lithography specially adjusted (optimized) for use at wavelengths
between 370 and 245 nm.
(vii) 3D991 ``Software'' ``specially designed'' for the
``development'', ``production'', or ``use'' of electronic devices,
``parts'' or ``components'' controlled by 3A991, general purpose
electronic equipment controlled by 3A992, or manufacturing and test
equipment controlled by 3B991 and 3B992; or ``software'' ``specially
designed'' for the ``use'' of equipment controlled by 3B001.g and
.h.
(viii) 3E991 Limited to ``technology'' according to the General
Technology Note for the ``development'', ``production'', or ``use''
of digital oscilloscopes and transient recorders with sampling rates
greater than 2.5 giga samples per second, which are controlled by
3A992.g.
(4) Category 4 Computers
(i) 4A994 Limited to computers not controlled by 4A001 or 4A003,
with an Adjusted Peak Performance (``APP'') exceeding 0.5 Weighted
TeraFLOPS (WT).
(ii) 4D993 ``Program'' proof and validation ``software'',
``software'' allowing the automatic generation of ``source codes'',
and operating system ``software'' that are specially designed for
real time processing equipment.
(iii) 4D994 Limited to ``software'' specially designed or
modified for the ``development'', ``production'', or ``use'' of
equipment controlled by 4A101.
(5) Category 5 (Part 1) Telecommunications and Category 5 (Part
2) Information Security
(i) 5A991 Limited to telecommunications equipment designed to
operate outside the temperature range from 219K (-54 [deg]C) to 397K
(124 [deg]C), which is controlled by 5A991.a., radio equipment using
Quadrature-amplitude-modulation (QAM) techniques, which is
controlled by 5A991.b.7., and phased array antennae, operating above
10.5 Ghz, except landing systems meeting ICAO standards (MLS), which
are controlled by 5A991.f.
(ii) 5B991 Telecommunications test equipment, n.e.s.
(iii) 5D991 Limited to ``software'' specially designed or
modified for the ``development'', ``production'', or ``use'' of
equipment controlled by 5A991.a., 5A991.b.7., and 5A991.f., or of
``software'' specially designed or modified for the ``development'',
``production'', or ``use'' of equipment controlled by 5A991.a.,
5A991.b.7., and 5A991.f. (iv) 5E991 Limited to ``technology''
[[Page 23465]]
for the ``development'', ``production'' or ``use'' of equipment
controlled by 5A991.a., 5A991.b.7., or 5A991.f., or of ``software''
specially designed or modified for the ``development'',
``production'', or ``use'' of equipment controlled by 5A991.a.,
5A991.b.7., and 5A991.f.
(v) 5A992 Equipment not controlled by 5A002 (see List of Items
Controlled).
(vi) 5D992 ``Information Security'' ``software'' not controlled
by 5D002 (see List of Items Controlled).
(6) Category 6 Sensors and Lasers
(i) 6A991 Marine or terrestrial acoustic equipment, n.e.s.,
capable of detecting or locating underwater objects or features or
positioning surface vessels or underwater vehicles; and ``specially
designed'' ``parts'' and ``components,'' n.e.s.
(ii) 6A993 Cameras, not controlled by 6A003 or 6A203 (see List
of Items Controlled).
(iii) 6A995 ``Lasers'', not controlled by 6A005 or 6A205.
(iv) 6A996 ``Magnetometers'' not controlled by ECCN 6A006,
``Superconductive'' electromagnetic sensors, and ``specially
designed'' ``components'' therefor, as follows (see List of Items
Controlled).
(v) 6C992 Optical sensing fibers not controlled by 6A002.d.3
which are modified structurally to have a ``beat length'' of less
than 500 mm (high birefringence) or optical sensor materials not
described in 6C002.b and having a zinc content of equal to or more
than 6% by ``mole fraction.''
(7) Category 7 Navigation and Avionics
(i) 7A994 Other navigation direction finding equipment, airborne
communication equipment, all aircraft inertial navigation systems
not controlled under 7A003 or 7A103, and other avionic equipment,
including parts and components, n.e.s.
(ii) 7B994 Other equipment for the test, inspection, or
``production'' of navigation and avionics equipment.
(iii) 7D994 ``Software'', n.e.s., for the ``development'',
``production'', or ``use'' of navigation, airborne communication and
other avionics.
(iv) 7E994 ``Technology'', n.e.s., for the ``development'',
``production'', or ``use'' of navigation, airborne communication,
and other avionics equipment.
(8) Category 8 Marine
(i) 8A992 Vessels, marine systems or equipment, not controlled
by 8A001 or 8A002, and ``specially designed'' ``parts'' and
``components'' therefor, and marine boilers and ``parts,''
``components,'' ``accessories,'' and ``attachments'' therefor (see
List of Items Controlled).
(ii) 8D992 ``Software'' specially designed or modified for the
``development'', ``production'' or ``use'' of equipment controlled
by 8A992.
(iii) 8E992 ``Technology'' for the ``development'',
``production'' or ``use'' of equipment controlled by 8A992.
(9) Category 9 Propulsion Systems, Space Vehicles and Related
Equipment
(i) 9A991 ``Aircraft'', n.e.s., and gas turbine engines not
controlled by 9A001 or 9A101 and ``parts'' and ``components,''
n.e.s. (see List of Items Controlled).
(ii) 9B990 Vibration test equipment and ``specially designed''
``parts'' and ``components,'' n.e.s.
(iii) 9D991 ``Software'', for the ``development'' or
``production'' of equipment controlled by 9A991 or 9B991.
(iv) 9E991 ``Technology'', for the ``development'',
``production'' or ``use'' of equipment controlled by 9A991 or 9B991.
PART 758--EXPORT CLEARANCE REQUIREMENTS
0
13. The authority citation for part 758 continues to read as follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783.
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14. In Sec. 758.1, add paragraph (b)(10) and revise paragraph (g)(3)
to read as follows:
Sec. 758.1 The Electronic Export Information (EEI) filing to the
Automated Export System (AES).
* * * * *
(b) * * *
(10) For all exports of items on the Commerce Control List to the
People's Republic of China, Russia, or Venezuela, regardless of value,
unless the export may be made under the exemption listed under
paragraph (c)(4) of this section.
* * * * *
(g) * * *
(3) No License Required (NLR) exports. You must report on any
required EEI filing to the AES the correct license code/license
exception code when using the ``NLR'' designation for the items that
are subject to the EAR but not listed on the Commerce Control List
(CCL) (i.e., items are designated as EAR99) (FTR license code ``C33''),
and when the items to be exported are listed on the CCL but are not
subject to a license requirement. In addition, you must enter the
correct ECCN on any required EEI filing for all items being exported
under the NLR provisions that have a reason for control other than or
in addition to anti-terrorism (AT), unless the items are destined to
China, Russia, or Venezuela. For items destined to China, Russia, or
Venezuela, you must enter the correct ECCN on any required EEI filing
regardless of reason for control.
* * * * *
PART 774--THE COMMERCE CONTROL LIST
0
15. The authority citation for part 774 continues to read as follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C.
287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15
U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783.
Supplement No. 1 to Part 774--[Amended]
0
16. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 0, remove the reference to ``Sec. 742.6(a)(7)'' in ECCNs
0A521, 0B521, 0C521, 0D521, and 0E521 and add in its place ``Sec.
742.6(a)(8)''.
0
17. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 0, the License Requirements sections of ECCNs 0A606, 0A617,
0D606, 0D617, 0E606, and 0E617 are revised to read as follows:
0A606 Ground vehicles and related commodities, as follows (see List
of Items Controlled).XXXXXXXXX
License Requirements
Reason for Control: NS, RS, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry, except 0A606.b NS Column 1
and .y.
NS applies to 0A606.b..................... NS Column 2
RS applies to entire entry, except 0A606.b RS Column 1
and .y.
RS applies to 0A606.b..................... RS Column 2
RS applies to 0A606.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry, except 0A606.y See Sec. 746.1(b) for UN
controls
* * * * *
0A617 Miscellaneous ``equipment,'' materials, and related
commodities (see List of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry, except 0A617.y NS Column 1
RS applies to entire entry, except 0A617.y RS Column 1
RS applies to 0A617.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
[[Page 23466]]
UN applies to entire...................... See Sec. 764.1(b) for UN
entry, except 0A617.y..................... controls
* * * * *
0D606 ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of ground vehicles and
related commodities controlled by 0A606, 0B606, or 0C606 (see List
of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry, except 0D606.y NS Column 1
RS applies to entire entry, except 0D606.y RS Column 1
RS applies to 0D606.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry, except 0D606.y See Sec. 746.1(b) for UN
controls
* * * * *
0D617 ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by 0A617, ``equipment'' controlled by 0B617, or materials controlled
by 0C617 (see List of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry, except 0D617.y NS Column 1
RS applies to entire entry, except 0D617.y RS Column 1
RS applies to 0D617.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry, except 0D617.y See Sec. 746.1(b) for UN
controls
* * * * *
0E606 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of ground vehicles and related commodities
in 0A606, 0B606, 0C606, or software in 0D606 (see List of Items
Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry, except 0E606.y NS Column 1
RS applies to entire entry, except 0E606.y RS Column 1
RS applies to 0E606.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry, except 0E606.y See Sec. 746.1(b) for UN
controls
* * * * *
0E617 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities controlled by ECCN 0A617,
``equipment'' controlled by 0B617, or materials controlled by 0C617,
or ``software'' controlled by ECCN 0D617 (see List of Items
Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry, except 0E617.y NS Column 1
RS applies to entire entry, except 0E617.y RS Column 1
RS applies to 0E617.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry, except 0E617.y See Sec. 746.1(b) for UN
controls
* * * * *
0
18. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, the License Requirements sections of ECCNs 1A613, 1D613,
and 1E613 are revised to read as follows:
1A613 Armored and protective ``equipment'' and related commodities,
as follows (see List of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry except 1A613.y. NS Column 1
RS applies to entire entry except 1A613.y. RS Column 1
RS applies 1A613.y........................ China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry, except 1A613.y See Sec. 746.1(b) for UN
controls
* * * * *
1D613 ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by 1A613 or 1B613, as follows (see List of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry except 1D613.y. NS Column 1
RS applies to entire entry except 1D613.y. RS Column 1
RS applies to 1D613.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry, except 1D613.y See Sec. 746.1(b) for UN
controls
* * * * *
1E613 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities controlled by 1A613 or
1B613 or ``software'' controlled by 1D613, as follows (see List of
Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry except 1E613.y. NS Column 1
RS applies to entire entry except 1E613.y. RS Column 1
RS applies to 1E613.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry, except 1E613.y See Sec. 746.1(b) for UN
controls
[[Page 23467]]
* * * * *
0
19. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3, the License Requirements sections of ECCNs 3A611, 3D611,
and 3E611 are revised to read as follows:
3A611 Military electronics, as follows (see List of Items
Controlled).
Reason for Control: NS, RS, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry except 3A611.y. NS Column 1
RS applies to entire entry except 3A611.y. RS Column 1
RS applies to 3A611.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry except 3A611.y. See Sec. 746.1(b) for UN
controls
* * * * *
3D611 ``Software'' ``specially designed'' for military electronics,
as follows (see List of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry except 3D611.y. NS Column 1
RS applies to entire entry except 3D611.y. RS Column 1
RS applies to 3D611.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry except 3D611.y. See Sec. 746.1(b) for UN
controls
* * * * *
3E611 ``Technology'' ``required'' for military electronics, as
follows (see List of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry except 3E611.y. NS Column 1
RS applies to entire entry except 3E611.y. RS Column 1
RS applies to 3E611.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry except 3E611.y. See Sec. 746.1(b) for UN
controls
* * * * *
0
20. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 7, the License Requirements sections of ECCNs 7A611, 7D611,
and 7E611 are revised to read as follows:
7A611 Military fire control, laser, imaging, and guidance equipment,
as follows (see List of Items Controlled).
License Requirements
Reason for Control: NS, MT, RS, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry except 7A611.y. NS Column 1
MT applies to commodities in 7A611.a that MT Column 1
meet or exceed the parameters in 7A103.b
or .c.
RS applies to entire entry except 7A611.y. RS Column 1
RS applies to 7A611.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry except 7A611.y. See Sec. 746.1(b) for UN
controls
* * * * *
7D611 ``Software'' ``specially designed'' for commodities controlled
by 7A611 or equipment controlled by 7B611, as follows (see List of
Items Controlled).
License Requirements
Reason for Control: NS, MT, RS, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry except 7D611.y. NS Column 1
MT applies to 7D611.a ``software'' MT Column 1
``specially designed'' for 7A611.a
commodities controlled for MT reasons.
RS applies to entire entry except 7D611.y. RS Column 1
RS applies to 7D611.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry except 7D611.y. See Sec. 746.1(b) for UN
controls
* * * * *
7E611 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul or refurbishing of commodities controlled by 7A611,
commodities controlled by 7B611, or software controlled by 7D611, as
follows (see List of Items Controlled).
License Requirements
Reason for Control: NS, MT, RS, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry except 7E611.y. NS Column 1
MT applies to ``technology'' in 7E611.a if MT Column 1
``required'' for items controlled for MT
reasons in 7A611.a, 7B611.a, or 7D611.a.
RS applies to entire entry except 7E611.y. RS Column 1
RS applies to 7E611.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry except 7E611.y. See Sec. 746.1(b) for UN
controls
* * * * *
0
21. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 8, the License Requirements sections of ECCNs 8A609, 8A620,
8D609, 8D620, 8E609, and 8E620 are revised to read as follows:
8A609 Surface vessels of war and related commodities (see List of
Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry, except 8A609.y NS Column 1
RS applies to entire entry, except 8A609.y RS Column 1
[[Page 23468]]
RS applies to 8A609.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry, except 8A609.y See Sec. 746.1(b) for UN
controls
* * * * *
8A620 Submersible vessels, oceanographic and associated commodities
(see List of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry, except 8A620. NS Column 1
b and .y.
RS applies to entire entry, except 8A620.y RS Column 1
RS applies to 8A620.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry, except 8A620.y See Sec. 746.1(b) for UN
controls
* * * * *
8D609 ``Software'' ``specially designed'' for the ``development,''
``production,'' operation or maintenance of commodities controlled
by 8A609, 8B609, or 8C609 (see List of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry, except 8D609.y NS Column 1
RS applies to entire entry, except 8D609.y RS Column 1
RS applies to 8D609.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry, except 8D609.y See Sec. 746.1(b) for UN
controls
* * * * *
8D620 ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by 8A620 or 8B620 (see List of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry, except 8D620.b NS Column 1
and .y.
RS applies to entire entry, except 8D620.y RS Column 1
RS applies to 8D620.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry, except 8D620.y See Sec. 746.1(b) for UN
controls
* * * * *
8E609 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities controlled by 8A609, 8B609,
or 8C609, or ``software'' controlled by 8D609 (see List of Items
Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry, except 8E609.y NS Column 1
RS applies to entire entry, except 8E609.y RS Column 1
RS applies to 8E609.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry, except 8E609.y See Sec. 746.1(b) for UN
controls
* * * * *
8E620 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities controlled by 8A620 or
8B620, or ``software'' controlled by 8D620 (see List of Items
Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry, except 8E620.b NS Column 1
and .y.
RS applies to entire entry, except 8E620.y RS Column 1
RS applies to 8E620.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry, except 8E620.y See Sec. 746.1(b) for UN
controls
* * * * *
0
22. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 9, remove the reference to ``Sec. 742.6(a)(8)'' in the
License Requirement Notes in ECCNs 9A515 and 9E515 and add in its place
``Sec. 742.6(a)(9)''.
0
23. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 9, the License Requirements sections of ECCNs 9A515, 9D515,
9E515, 9A610, 9A619, 9B619, 9D610, 9D619, 9E610, and 9E619 are revised
to read as follows:
9A515 ``Spacecraft'' and related commodities, as follows (see List
of Items Controlled).
License Requirements
Reason for Control: NS, RS, MT, AT
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry, except .e and NS Column 1
.y.
RS applies to entire entry, except .e and RS Column 1
.y.
RS applies to 9A515.e..................... RS Column 2
RS applies to 9A515.y, except to Russia China, Russia, or Venezuela
for use in, with, or for the (see Sec. 742.6(a)(7))
International Space Station (ISS),
including launch to the ISS.
MT applies to microcircuits in 9A515.d and MT Column 1
9A515.e.2 when ``usable in'' ``missiles''
for protecting ``missiles'' against
nuclear effects (e.g., Electromagnetic
Pulse (EMP), X-rays, combined blast and
thermal effects). MT also applies to
9A515.h when the total impulse capacity
is equal to or greater than 8.41x10[and]5
newton seconds.
AT applies to entire entry................ AT Column 1
* * * * *
* * * * *
[[Page 23469]]
9D515 ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of ``spacecraft'' and related commodities,
as follows (see List of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry except 9D515.y. NS Column 1
RS applies to entire entry except 9D515.y. RS Column 1
RS applies to 9D515.y, except to Russia China, Russia, or Venezuela
for use in, with, or for the (see Sec. 742.6(a)(7))
International Space Station (ISS),
including launch to the ISS.
AT applies to entire entry................ AT Column 1
* * * * *
9E515 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, repair, overhaul, or
refurbishing of ``spacecraft'' and related commodities, as follows
(see List of Items Controlled).
License Requirements
Reason for Control: NS, MT, RS, AT
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry except 9E515.y. NS Column 1
MT applies to technology for items in MT Column 1
9A515.d, 9A515.e.2, and 9B515.a
controlled for MT reasons.
RS applies to entire entry except 9E515.y. RS Column 1
RS applies to 9E515.y, except to Russia China, Russia, or Venezuela
for use in, with, or for the (see Sec. 742.6(a)(7))
International Space Station (ISS),
including launch to the ISS.
AT applies to entire entry................ AT Column 1
* * * * *
9A610 Military aircraft and related commodities, other than those
enumerated in 9A991.a (see List of Items Controlled).
License Requirements
Reason for Control: NS, RS, MT, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry except:........ NS Column 1
9A610.b; parts and components controlled
in 9A610.x if being exported or
reexported for use in an aircraft
controlled in 9A610.b; and 9A610.y.
RS applies to entire entry except:........ RS Column 1
9A610.b; parts and components controlled
in 9A610.x if being exported or
reexported for use in an aircraft
controlled in 9A610.b; and 9A610.y.
RS applies to 9A610.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
MT applies to 9A610.t, .u, .v, and .w..... MT Column 1
AT applies to entire entry................ AT Column 1
UN applies to entire entry except 9A610.y. See Sec. 746.1(b) for UN
controls
* * * * *
9A619 Military gas turbine engines and related commodities (see List
of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry except 9A619.y. NS Column 1
RS applies to entire entry except 9A619.y. RS Column 1
RS applies to 9A619.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry except 9A619.y. See Sec. 746.1(b) for UN
controls
* * * * *
9B619 Test, inspection, and production ``equipment'' and related
commodities ``specially designed'' for the ``development'' or
``production'' of commodities enumerated or otherwise described in
ECCN 9A619 or USML Category XIX (see List of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry except 9B619.y. NS Column 1
RS applies to entire entry except 9B619.y. RS Column 1
RS applies to 9B619.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry except 9B619.y. See Sec. 746.1(b) for UN
controls
* * * * *
9D610 Software ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of military aircraft and
related commodities controlled by 9A610, equipment controlled by
9B610, or materials controlled by 9C610 (see List of Items
Controlled).
License Requirements
Reason for Control: NS, RS, MT, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry except 9D610.y. NS Column 1
MT applies to software ``specially MT Column 1
designed'' for the operation,
installation, maintenance, repair,
overhaul, or refurbishing of commodities
controlled for MT reasons in 9A610 or
9B610.
RS applies to entire entry except 9D610.y. RS Column 1
RS applies to 9D610.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry except 9D610.y. See Sec. 746.1(b) for UN
controls
* * * * *
9D619 Software ``specially designed'' for the ``development,''
``production,'' operation or maintenance of military gas turbine
engines and related commodities controlled by 9A619, equipment
controlled by 9B619, or materials controlled by 9C619 (see List of
Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
[[Page 23470]]
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry except 9D619.y. NS Column 1
RS applies to entire entry except 9D619.y. RS Column 1
RS applies to 9D619.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry except 9D619.y. See Sec. 746.1(b)
for UN controls
* * * * *
9E610 Technology ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of military aircraft and related
commodities controlled by 9A610, equipment controlled by 9B610,
materials controlled by 9C610, or software controlled by 9D610 (see
List of Items Controlled).
License Requirements
Reason for Control: NS, RS, MT, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry except 9E610.y. NS Column 1
RS applies to entire entry except 9E610.y. RS Column 1
RS applies to 9E610.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
MT applies to ``technology'' ``required'' MT Column 1
for the ``development,'' ``production,''
operation, installation, maintenance,
repair, overhaul, or refurbishing of
commodities or software controlled for MT
reasons in 9A610, 9B610, or 9D610 for MT
reasons.
AT applies to entire entry................ AT Column 1
UN applies to entire entry except 9E610.y. See Sec. 746.1(b) for UN
controls
* * * * *
9E619 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of military gas turbine engines and
related commodities controlled by 9A619, equipment controlled by
9B619, materials controlled by 9C619, or software controlled by
9D619 (see List of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry except 9E619.y. NS Column 1
RS applies to entire entry except 9E619.y. RS Column 1
RS applies to 9E619.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7))
AT applies to entire entry................ AT Column 1
UN applies to entire entry except 9E619.y. See Sec. 746.1(b)
for UN controls
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2020-07241 Filed 4-27-20; 8:45 am]
BILLING CODE 3510-33-P
