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; Correction, 34306-34323 [2020-09717]
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34306
Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Rules and Regulations
Background
The April 28 rule (85 FR 23460)
revised portions of Export Control
Classification Numbers (ECCNs) on the
Commerce Control List (CCL)
(Supplement No. 1 to part 774).
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 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; Correction
Bureau of Industry and
Security, Commerce.
ACTION: Final rule; correction.
AGENCY:
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Supplement No. 1 to Part 774—
[Corrected]
The Bureau of Industry and
Security (BIS) is correcting the
formatting of a final rule that appeared
in the Federal Register of April 28, 2020
(here and after referred to as the April
28 rule), which becomes effective on
June 29, 2020. The April 28 rule amends
the Export Administration Regulations
(EAR) to expand license requirements
on exports, reexports, and transfers (incountry) 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 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. This correction publishes the full
text of each revised Export Control
Classification Number on the Commerce
Control List.
DATES: This correction 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:
SUMMARY:
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Need for Correction
The April 28 rule published only the
revised portions of each ECCN; this
correction publishes each revised ECCN
in full. Therefore, FR Rule Doc. No.
2020–07241, published in the April 28,
2020, issue of the Federal Register,
beginning on page 23460, is corrected as
follows:
1. On page 23465, in the third column,
instruction 16 and its corresponding
amendment text are corrected to read as
follows:
■ 16. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 0,
ECCNs 0A521, 0B521, 0C521, 0D521,
and 0E521 are revised to read as
follows:
■
0A521 Any commodity subject to the EAR
that is not listed elsewhere in the CCL,
but which is controlled for export
because it provides at least a significant
military or intelligence advantage to the
United States or for foreign policy
reasons.
0A521 commodities are subject to RS1
controls with no license exception eligibility
other than License Exception GOV for U.S.
Government personnel and agencies under
§ 740.11(b)(2)(ii) of the EAR, or an itemspecific license exception identified in
Supplement No. 5 to part 774 particular to
an item covered under ECCN 0A521. The list
of commodities determined to be classified
under ECCN 0A521 controls is published in
Supplement No. 5 to part 774. The license
requirements and licensing policy relating to
ECCN 0A521 are set forth in § 742.6(a)(8) of
the EAR.
*
*
*
*
*
0B521 Any commodity subject to the EAR
that is not listed elsewhere in the CCL,
but which is controlled for export
because it provides at least a significant
military or intelligence advantage to the
United States or for foreign policy
reasons.
0B521 commodities are subject to RS1
controls with no license exception eligibility
other than License Exception GOV for U.S.
Government personnel and agencies under
§ 740.11(b)(2)(ii) of the EAR, or an itemspecific license exception identified in
Supplement No. 5 to part 774 particular to
an item covered under ECCN 0B521. The list
of commodities determined to be classified
under ECCN 0B521 controls is published in
Supplement No. 5 to part 774. The license
requirements and licensing policy relating to
ECCN 0B521 are set forth in § 742.6(a)(8) of
the EAR.
*
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*
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*
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0C521 Any material subject to the EAR that
is not listed elsewhere in the CCL, but
which is controlled for export because it
provides at least a significant military or
intelligence advantage to the United
States or for foreign policy reasons.
0C521 materials are subject to RS1 controls
with no license exception eligibility other
than License Exception GOV for U.S.
Government personnel and agencies under
§ 740.11(b)(2)(ii) of the EAR, or an itemspecific license exception identified in
Supplement No. 5 to part 774 particular to
an item covered under ECCN 0C521. The list
of materials determined to be classified
under ECCN 0C521 controls is published in
Supplement No. 5 to part 774. The license
requirements and licensing policy relating to
ECCN 0C521 are set forth in § 742.6(a)(8) of
the EAR.
*
*
*
*
*
0D521 Any software subject to the EAR
that is not listed elsewhere in the CCL,
but which is controlled for export
because it provides at least a significant
military or intelligence advantage to the
United States or for foreign policy
reasons.
0D521 software is subject to RS1 controls
with no license exception eligibility other
than License Exception GOV for U.S.
Government personnel and agencies under
§ 740.11(b)(2)(ii) of the EAR, or an itemspecific license exception identified in
Supplement No. 5 to part 774 particular to
an item covered under ECCN 0D521. The list
of software determined to be classified under
ECCN 0D521 controls is published in
Supplement No. 5 to part 774. The license
requirements and licensing policy relating to
ECCN 0D521 are set forth in § 742.6(a)(8) of
the EAR.
*
*
*
*
*
0E521 Any technology subject to the EAR
that is not listed elsewhere in the CCL,
but which is controlled for export
because it provides at least a significant
military or intelligence advantage to the
United States or for foreign policy
reasons.
0E521 technology is subject to RS1 controls
with no license exception eligibility other
than License Exception GOV for U.S.
Government personnel and agencies under
§ 740.11(b)(2)(ii) of the EAR, or an itemspecific license exception identified in
Supplement No. 5 to part 774 particular to
an item covered under ECCN 0E521. The list
of technologies determined to be classified
under ECCN 0E521 controls is published in
Supplement No. 5 to part 774. The license
requirements and licensing policy relating to
ECCN 0E521 are set forth in § 742.6(a)(8) of
the EAR.
*
*
*
*
*
2. On page 23465, in the third column,
instruction 17 and its corresponding
amendment text are corrected to read as
follows:
■ 17. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 0,
ECCNs 0A606, 0A617, 0D606, 0D617,
0E606, and 0E617 are revised to read as
follows:
■
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0A606 Ground vehicles and related
commodities, as follows (see List of
Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
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.
Country chart
(see Supp. No. 1 to
part 738)
NS Column 1.
NS Column 2.
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.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: $1,500
GBS: N/A
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Special Conditions for STA
STA: (1) Paragraph (c)(1) of License
Exception STA (§ 740.20(c)(1) of the EAR)
may not be used for any item in 0A606.a,
unless determined by BIS to be eligible for
License Exception STA in accordance with
§ 740.20(g) (License Exception STA
eligibility requests for 9x515 and ‘‘600
series’’ items). (2) Paragraph (c)(2) of
License Exception STA (§ 740.20(c)(2) of
the EAR) may not be used for any item in
0A606.
List of Items Controlled
Related Controls: (1) The ground vehicles,
other articles, technical data (including
software) and services described in 22 CFR
part 121, Category VII are subject to the
jurisdiction of the International Traffic in
Arms Regulations. (2) See ECCN 0A919 for
foreign-made ‘‘military commodities’’ that
incorporate more than a de minimis amount
of U.S.-origin ‘‘600 series’’ controlled
content.
Related Definitions: N/A
Items:
a. Ground vehicles, whether manned or
unmanned, ‘‘specially designed’’ for a
military use and not enumerated or otherwise
described in USML Category VII.
Note 1 to paragraph a: For purposes of
paragraph .a, ‘‘ground vehicles’’ include (i)
tanks and armored vehicles manufactured
prior to 1956 that have not been modified
since 1955 and that do not contain a
functional weapon or a weapon capable of
becoming functional through repair; (ii)
military railway trains except those that are
armed or are ‘‘specially designed’’ to launch
missiles; (iii) unarmored military recovery
and other support vehicles; (iv) unarmored,
unarmed vehicles with mounts or hard points
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for firearms of .50 caliber or less; and (v)
trailers ‘‘specially designed’’ for use with
other ground vehicles enumerated in USML
Category VII or ECCN 0A606.a, and not
separately enumerated or otherwise
described in USML Category VII. For
purposes of this note, the term ‘‘modified’’
does not include incorporation of safety
features required by law, cosmetic changes
(e.g., different paint or repositioning of bolt
holes) or addition of ‘‘parts’’ or
‘‘components’’ available prior to 1956.
Note 2 to paragraph .a: A ground vehicle’s
being ‘‘specially designed’’ for military use
for purposes of determining controls under
paragraph .a. entails a structural, electrical
or mechanical feature involving one or more
‘‘components’’ that are ‘‘specially designed’’
for military use. Such ‘‘components’’ include:
a. Pneumatic tire casings of a kind
‘‘specially designed’’ to be bullet-proof;
b. Armored protection of vital ‘‘parts’’ (e.g.,
fuel tanks or vehicle cabs);
c. Special reinforcements or mountings for
weapons;
d. Black-out lighting.
b. Other ground vehicles, ‘‘parts’’ and
‘‘components,’’ as follows:
b.1. Unarmed vehicles that are derived
from civilian vehicles and that have all of the
following:
b.1.a. Manufactured or fitted with materials
or ‘‘components’’ other than reactive or
electromagnetic armor to provide ballistic
protection to level III (National Institute of
Justice standard 0108.01, September 1985) or
better;
b.1.b. A transmission to provide drive to
both front and rear wheels simultaneously,
including those vehicles having additional
wheels for load bearing purposes whether
driven or not;
b.1.c. Gross vehicle weight rating (GVWR)
greater than 4,500 kg; and
b.1.d. Designed or modified for off-road
use.
b.2. ‘‘Parts’’ and ‘‘components’’ having all
of the following:
b.2.a. ‘‘Specially designed’’ for vehicles
specified in paragraph .b.1 of this entry; and
b.2.b. Providing ballistic protection to level
III (National Institute of Justice standard
0108.01, September 1985) or better.
Note 1 to paragraph b: Ground vehicles
otherwise controlled by 0A606.b.1 that
contain reactive or electromagnetic armor are
subject to the controls of USML Category VII.
Note 2 to paragraph b: ECCN 0A606.b.1
does not control civilian vehicles ‘‘specially
designed’’ for transporting money or
valuables.
Note 3 to paragraph b: ‘‘Unarmed’’ means
not having installed weapons, installed
mountings for weapons, or special
reinforcements for mounts for weapons.
c. Air-cooled diesel engines and engine
blocks for armored vehicles that weigh more
than 40 tons.
d. Fully automatic continuously variable
transmissions for tracked combat vehicles.
e. Deep water fording kits ‘‘specially
designed’’ for ground vehicles controlled by
ECCN 0A606.a or USML Category VII.
f. Self-launching bridge ‘‘components’’ not
enumerated in USML Category VII(g)
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34307
‘‘specially designed’’ for deployment by
ground vehicles enumerated in USML
Category VII or this ECCN.
g. through w. [Reserved]
x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’
and ‘‘attachments’’ that are ‘‘specially
designed’’ for a commodity enumerated or
otherwise described in ECCN 0A606 (other
than 0A606.b or 0A606.y) or a defense article
enumerated in USML Category VII and not
elsewhere specified on the USML or in
0A606.y.
Note 1: Forgings, castings, and other
unfinished products, such as extrusions and
machined bodies, that have reached a stage
in manufacture where they are clearly
identifiable by mechanical properties,
material composition, geometry, or function
as commodities controlled by ECCN 0A606.x
are controlled by ECCN 0A606.x.
Note 2: ‘‘Parts,’’ ‘‘components,’’
‘‘accessories’’ and ‘‘attachments’’
enumerated in USML paragraph VII(g) are
subject to the controls of that paragraph.
‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’ and
‘‘attachments’’ described in ECCN 0A606.y
are subject to the controls of that paragraph.
y. Specific ‘‘parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially
designed’’ for a commodity enumerated or
otherwise described in this ECCN (other than
ECCN 0A606.b) or for a defense article in
USML Category VII and not elsewhere
specified on the USML or the CCL, as
follows, and ‘‘parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially
designed’’ therefor:
y.1. Brake discs, rotors, drums, calipers,
cylinders, pads, shoes, lines, hoses, vacuum
boosters, and parts therefor;
y.2. Alternators and generators;
y.3. Axles;
y.4. Batteries;
y.5. Bearings (e.g., ball, roller, wheel);
y.6. Cables, cable assembles, and
connectors;
y.7. Cooling system hoses;
y.8. Hydraulic, fuel, oil, and air filters,
other than those controlled by ECCN 1A004;
y.9. Gaskets and o-rings;
y.10. Hydraulic system hoses, fittings,
couplings, adapters, and valves;
y.11. Latches and hinges;
y.12. Lighting systems, fuses, and
‘‘components;’’
y.13. Pneumatic hoses, fittings, adapters,
couplings, and valves;
y.14. Seats, seat assemblies, seat supports,
and harnesses;
y.15. Tires, except run flat; and
y.16. Windows, except those for armored
vehicles.
*
*
*
*
*
0A617 Miscellaneous ‘‘equipment,’’
materials, and related commodities (see
List of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
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Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Rules and Regulations
Control(s)
NS applies to entire
entry, except
0A617.y.
RS applies to entire
entry, except
0A617.y.
RS applies to
0A617.y.
AT applies to entire
entry.
UN applies to entire
entry, except
0A617.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 § 764.1(b) for UN
controls.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: $1,500
GBS: N/A
Special Conditions for STA
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STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any item in 0A617.
List of Items Controlled
Related Controls: (1) Defense articles, such as
materials made from classified
information, that are controlled by USML
Category XIII, and technical data
(including software) directly related
thereto, are subject to the ITAR. (2) See
ECCN 0A919 for foreign-made ‘‘military
commodities’’ that incorporate more than a
de minimis amount of U.S.-origin ‘‘600
series’’ controlled content. (3) For controls
on self-contained diving and underwater
swimming apparatus and related
commodities, see ECCN 8A620.f. (4) For
controls on robots, robot controllers, and
robot end-effectors, see USML Category VII
and ECCNs 0A606 and 2B007. (5)
‘‘Libraries,’’ i.e., parametric technical
databases, ‘‘specially designed’’ for
military use with equipment controlled by
the USML or a ‘‘600 series’’ ECCN are
controlled by the technical data and
technology controls pertaining to such
items. (6) For controls on nuclear power
generating equipment or propulsion
equipment, including ‘‘nuclear reactors,’’
‘‘specially designed’’ for military use, and
‘‘parts’’ and ‘‘components’’ ‘‘specially
designed’’ therefor, see USML Categories
VI, XIII, XV, and XX. (7) Simulators
‘‘specially designed’’ for military ‘‘nuclear
reactors’’ are controlled by USML Category
IX(b). (8) See USML Categories X, XI and
XII for ‘‘laser’’ protection equipment (e.g.,
eye and sensor protection) ‘‘specially
designed’’ for military use. (9) ‘‘Fuel cells’’
‘‘specially designed’’ for a defense article
on the USML or a commodity controlled by
a ‘‘600 series’’ ECCN are controlled
according to the corresponding ‘‘600
series’’ ECCN for such end items. (10) See
USML Category XV for controls on fuel
cells ‘‘specially designed’’ for satellite or
spacecraft.
Related Definitions: N/A
Items:
a. [Reserved]
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b. Concealment and deception equipment
‘‘specially designed’’ for military application,
including special paints, decoys, smoke or
obscuration equipment and simulators, and
‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ ‘‘specially designed’’ therefor,
not controlled by USML Category XIII.
c. Ferries, bridges (other than those
described in ECCN 0A606 or USML Category
VII), and pontoons, ‘‘specially designed’’ for
military use.
d. Test models ‘‘specially designed’’ for the
‘‘development’’ of defense articles controlled
by USML Categories IV, VI, VII and VIII.
e. [Reserved]
f. ‘‘Metal embrittlement agents.’’
g. through x. [Reserved]
y. Other commodities as follows, and
‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ ‘‘specially designed’’ therefor:
y.1. Construction equipment ‘‘specially
designed’’ for military use, including such
equipment ‘‘specially designed’’ for transport
in aircraft controlled by USML VIII(a) or
ECCN 9A610.a.
y.2. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’
and ‘‘attachments’’ ‘‘specially designed’’ for
commodities in paragraph .y.1 of this entry,
including crew protection kits used as
protective cabs.
y.3. ISO intermodal containers or
demountable vehicle bodies (i.e., swap
bodies), n.e.s., ‘‘specially designed’’ or
‘modified’ for shipping or packing defense
articles or items controlled by a ‘‘600 series’’
ECCN.
Technical Note: For the purpose of
0A617.y.3, ‘modified’ means any structural,
electrical, mechanical, or other change that
provides a non-military item with military
capabilities equivalent to an item which is
‘‘specially designed’’ for military use.
y.4. Field generators ‘‘specially designed’’
for military use.
y.5. Power controlled searchlights and
control units therefor, ‘‘specially designed’’
for military use, and ‘‘equipment’’ mounting
such units.
*
*
*
*
License Requirements
Reason for Control: NS, RS, AT, UN
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.
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UN applies to entire
entry, except
0D606.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.
Sfmt 4700
See § 746.1(b) for UN
controls.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
TSR: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any software in 0D606.
List of Items Controlled
Related Controls: (1) Software directly related
to articles enumerated or otherwise
described in USML Category VII are subject
to the controls of USML paragraph VII(h).
(2) See ECCN 0A919 for foreign made
‘‘military commodities’’ that incorporate
more than a de minimis amount of U.S.origin ‘‘600 series’’ controlled content.
Related Definitions: N/A
Items:
a. ‘‘Software’’ ‘‘specially designed’’ for the
‘‘development,’’ ‘‘production,’’ operation, or
maintenance of commodities controlled by
ECCNs 0A606 (except for ECCNs 0A606.b or
0A606.y), 0B606, or 0C606.
b. through x. [Reserved]
y. ‘‘Specific software’’ ‘‘specially designed’’
for the ‘‘production,’’ ‘‘development,’’
operation, or maintenance of commodities
described in ECCN 0A606.y.
*
*
*
*
*
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
*
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).
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
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.
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.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
TSR: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any software in 0D606.
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List of Items Controlled
Related Controls: (1) Software directly related
to articles enumerated or otherwise
described in USML Category VII are subject
to the controls of USML paragraph VII(h).
(2) See ECCN 0A919 for foreign made
‘‘military commodities’’ that incorporate
more than a de minimis amount of U.S.origin ‘‘600 series’’ controlled content.
Related Definitions: N/A
Items:
a. ‘‘Software’’ ‘‘specially designed’’ for the
‘‘development,’’ ‘‘production,’’ operation, or
maintenance of commodities controlled by
ECCNs 0A606 (except for ECCNs 0A606.b or
0A606.y), 0B606, or 0C606.
b. through x. [Reserved]
y. ‘‘Specific software’’ ‘‘specially designed’’
for the ‘‘production,’’ ‘‘development,’’
operation, or maintenance of commodities
described in ECCN 0A606.y.
*
*
*
*
License Requirements
Reason for Control: NS, RS, AT, UN
NS applies to entire
entry, except
0E606.y.
RS applies to entire
entry, except
0E606.y.
RS applies to
0E606.y.
AT applies to entire
entry.
UN applies to entire
entry, except
0E606.y.
Country chart
(see Supp. No. 1 to
part 738)
NS Column 1.
RS Column 1.
See § 746.1(b) for UN
controls.
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Special Conditions for STA
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any technology in 0D606.
List of Items Controlled
Related Controls: Technical data directly
related to articles enumerated in USML
Category VII are subject to the controls of
USML paragraph VII(h).
Related Definitions: N/A
Items:
a. ‘‘Technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’ operation,
installation, maintenance, repair, overhaul,
or refurbishing of commodities enumerated
or otherwise described in ECCN 0A606
(except for ECCNs 0A606.b or 0A606.y),
0B606, or 0C606.
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*
*
*
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
Control(s)
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.
Country chart
(see Supp. No. 1 to
part 738)
NS Column 1.
RS Column 1.
Control(s)
NS applies to entire
entry except
1A613.y.
RS applies to entire
entry except
1A613.y.
RS applies to
1A613.y.
AT applies to entire
entry.
UN applies to entire
entry, except
1A613.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.
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any item in 1A613.
*
*
*
*
3. On page 23466, in the second
column, instruction 18 and its
corresponding amendment text are
corrected to read as follows:
■
Fmt 4701
License Requirements
Reason for Control: NS, RS, AT, UN
See § 746.1(b) for UN
controls.
*
Frm 00005
1A613 Armored and protective
‘‘equipment’’ and related commodities,
as follows (see List of Items Controlled).
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: $1,500
GBS: N/A
List of Items Controlled
Related Controls: Technical data directly
related to articles controlled by USML
Category XIII are subject to the control of
USML paragraph XIII(l).
Related Definitions: N/A
Items:
a. ‘‘Technology’’ (other than ‘‘technology’’
controlled by paragraph .y of this entry)
‘‘required’’ for the ‘‘development,’’
‘‘production,’’ operation, installation,
maintenance, repair, overhaul, or
refurbishing of commodities or ‘‘software’’
controlled by ECCN 0A617 (except 0A617.y),
0B617, 0C617, or 0D617 (except 0D617.y).
b. through x. [Reserved].
y. Specific ‘‘technology’’ ‘‘required’’ for the
‘‘production,’’ ‘‘development,’’ operation,
installation, maintenance, repair, overhaul,
or refurbishing of commodities controlled by
ECCN 0A617.y or ‘‘software’’ controlled by
0D617.y.
PO 00000
18. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 1,
ECCNs 1A613, 1D613, and 1E613 are
revised to read as follows:
■
China, Russia, or
Venezuela (see
§ 742.6(a)(7)).
AT Column 1.
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any technology in 0E617.
China, Russia, or
Venezuela (see
§ 742.6(a)(7)).
AT Column 1.
19:24 Jun 02, 2020
*
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
TSR: N/A
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
TSR: N/A
VerDate Sep<11>2014
*
*
0E606 ‘‘Technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’
operation, installation, maintenance,
repair, overhaul, or refurbushing of
ground vehicles and related
commodities in 0A606, 0B606, 0C606, or
software in 0D606 (see List of Items
Controlled).
Control(s)
b. through x. [Reserved]
y. Specific ‘‘technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’ operation,
installation, maintenance, repair, overhaul or
refurbishing of commodities or software in
ECCN 0A606.y or 0D606.y.
34309
Sfmt 4700
List of Items Controlled
Related Controls: (1) Defense articles, such as
materials made from classified
information, that are controlled by USML
Category X or XIII of the ITAR, and
technical data (including software) directly
related thereto, are ‘‘subject to the ITAR.’’
(2) See ECCN 0A919 for foreign-made
‘‘military commodities’’ that incorporate
more than a de minimis amount of USorigin ‘‘600 series’’ controlled content. (3)
See ECCN 9A610.g for anti-gravity suits
(‘‘G-suits’’) and pressure suits capable of
operating at altitudes higher than 55,000
feet above sea level.
Related Definitions: References to ‘‘NIJ Type’’
protection are to the National Institute of
Justice Classification guide at NIJ Standard
0101.06, Ballistic Resistance of Body
Armor, and NIJ Standard 0108.01, Ballistic
Resistant Protective Materials.
Items:
a. Metallic or non-metallic armored plate
‘‘specially designed’’ for military use and not
controlled by the USML.
Note to paragraph a: For controls on body
armor plates, see ECCN 1A613.d.2 and USML
Category X(a)(1).
b. Shelters ‘‘specially designed’’ to:
b.1. Provide ballistic protection for military
systems; or
b.2. Protect against nuclear, biological, or
chemical contamination.
c. Military helmets (other than helmets
controlled under 1A613.y.1) providing less
E:\FR\FM\03JNR2.SGM
03JNR2
34310
Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Rules and Regulations
than NIJ Type IV protection and ‘‘specially
designed’’ helmet shells, liners, or comfort
pads therefor.
Note 1: See ECCN 0A979 for controls on
police helmets.
Note 2: See USML Category X(a)(5) and
(a)(6) for controls on other military helmets.
d. Body armor and protective garments, as
follows:
d.1. Soft body armor and protective
garments manufactured to military standards
or specifications, or to their equivalents, that
provide ballistic protection equal to or less
than NIJ level III (NIJ 0101.06, July 2008); or
Note: For 1A613.d.1, military standards or
specifications include, at a minimum,
specifications for fragmentation protection.
d.2. Hard body armor plates that provide
ballistic protection equal to NIJ level III (NIJ
0101.06, July 2008) or national equivalents.
Note: See ECCN 1A005 for controls on soft
body armor not manufactured to military
standards or specifications and hard body
armor plates providing less than NIJ level III
protection. For body armor providing NIJ
Type IV protection or greater, see USML
Category X(a)(1).
e. Atmospheric diving suits ‘‘specially
designed’’ for rescue operations for
submarines controlled by the USML or the
CCL.
f. Other personal protective ‘‘equipment’’
‘‘specially designed’’ for military
applications not controlled by the USML, not
elsewhere controlled on the CCL.
g. to w. [Reserved]
x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’
and ‘‘attachments’’ that are ‘‘specially
designed’’ for a commodity controlled by
ECCN 1A613 (except for 1A613.y) or an
article enumerated in USML Category X, and
not controlled elsewhere in the USML.
Note: Forgings, castings, and other
unfinished products, such as extrusions and
machined bodies, that have reached a stage
in manufacturing where they are clearly
identifiable by mechanical properties,
material composition, geometry, or function
as commodities controlled by ECCN 1A613.x
are controlled by ECCN 1A613.x.
y. Other commodities as follows:
y.1 Conventional military steel helmets.
N.B. to paragraph y.1: For other military
helmet ‘‘components’’ or ‘‘accessories,’’ see
the relevant ECCN in the CCL or USML Entry.
y.2 [Reserved]
*
*
*
*
*
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).
lotter on DSK9F5VC42PROD with RULES2
License Requirements
Reason for Control: NS, RS, AT, UN
Control(s)
NS applies to entire
entry except
1D613.y.
VerDate Sep<11>2014
Country chart
(see Supp. No. 1 to
part 738)
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
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.
See § 746.1(b) for UN
controls.
TSR: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any ‘‘software’’ in 1D613.
List of Items Controlled
Related Controls: (1) ‘‘Software’’ directly
related to articles controlled by USML
Category X is subject to the control of USML
paragraph X(e) of the ITAR. (2) See ECCN
0A919 for foreign-made ‘‘military
commodities’’ that incorporate more than a
de minimis amount of US-origin ‘‘600 series’’
controlled content.
Related Definitions: N/A
Items:
a. ‘‘Software’’ (other than ‘‘software’’
controlled in paragraph .y of this entry)
‘‘specially designed’’ for the ‘‘development,’’
‘‘production,’’ operation, or maintenance of
commodities controlled by ECCNs 1A613
(except 1A613.y) or 1B613 (except 1B613.y).
b. to x. [Reserved]
y. Specific ‘‘software’’ ‘‘specially
designed’’ for the ‘‘production,’’
‘‘development,’’ operation, or maintenance of
commodities controlled by ECCN 1A613.y.
*
*
*
*
*
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).
UN applies to entire
entry, except
1E613.y.
TSR: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any ‘‘technology’’ in 1E613.
List of Items Controlled
Related Controls: Technical data directly
related to articles controlled by USML
Category X are subject to the control of
USML paragraph X(e) of the ITAR.
Related Definitions: N/A
Items:
a. ‘‘Technology’’ (other than ‘‘technology’’
controlled by paragraph .y of this entry)
‘‘required’’ for the ‘‘development,’’
‘‘production,’’ operation, installation,
maintenance, repair, overhaul, or
refurbishing of commodities or ‘‘software’’
controlled by ECCNs 1A613 (except
1A613.y), 1B613 or 1D613 (except 1D613.y).
b. through x. [Reserved]
y. Specific ‘‘technology’’ ‘‘required’’ for the
‘‘production,’’ ‘‘development,’’ operation,
installation, maintenance, repair, overhaul,
or refurbishing of commodities or software
controlled by ECCN 1A613.y or 1D613.y.
*
*
*
*
NS applies to entire
entry except
1E613.y.
RS applies to entire
entry except
1E613.y.
RS applies to
1E613.y.
PO 00000
Frm 00006
Fmt 4701
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
*
4. On page 23467, in the first column,
instruction 19 and its corresponding
amendment text are corrected to read as
follows:
■ 19. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 3,
ECCNs 3A611, 3D611, and 3E611 are
revised to read as follows:
■
3A611 Military electronics, as follows (see
List of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Control(s)
Reason for Control: NS, RS, AT, UN
Control(s)
See § 746.1(b) for UN
controls.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
License Requirements
AT applies to entire
entry.
Jkt 250001
China, Russia, or
Venezuela (see
§ 742.6(a)(7)).
AT Column 1.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
NS Column 1.
19:24 Jun 02, 2020
RS Column 1.
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.
E:\FR\FM\03JNR2.SGM
03JNR2
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. 107 / Wednesday, June 3, 2020 / Rules and Regulations
List Based License Exceptions (see Part 740
for a Description of All License Exceptions)
LVS: $1,500 for 3A611.a, .d through .h and
.x; N/A for ECCN 3A611.c.
GBS: N/A
lotter on DSK9F5VC42PROD with RULES2
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any item in 3A611.
List of Items Controlled
Related Controls: (1) Electronic items that are
enumerated in USML Category XI or other
USML categories, and technical data
(including software) directly related
thereto, are subject to the ITAR. (2)
Application specific integrated circuits
(ASICs) and programmable logic devices
(PLD) that are programmed for defense
articles that are subject to the ITAR are
controlled in USML Category XI(c)(1). (3)
See ECCN 3A001.a.7 for controls on
unprogrammed programmable logic
devices (PLD). (4) Printed circuit boards
and populated circuit cards with a layout
that is ‘‘specially designed’’ for defense
articles are controlled in USML Category
XI(c)(2). (5) Multichip modules for which
the pattern or layout is ‘‘specially
designed’’ for defense articles are
controlled in USML Category XI(c)(3). (6)
Electronic items ‘‘specially designed’’ for
military application that are not controlled
in any USML category but are within the
scope of another ‘‘600 series’’ ECCN or a
9x515 ECCN are controlled by that ‘‘600
series’’ ECCN or 9x515 ECCN. For example,
electronic components not enumerated on
the USML or a ‘‘600 series’’ other than
3A611 that are ‘‘specially designed’’ for a
military aircraft controlled by USML
Category VIII or ECCN 9A610 are
controlled by the catch-all control in ECCN
9A610.x. Electronic components not
enumerated on the USML or another ‘‘600
series’’ entry that are ‘‘specially designed’’
for a military vehicle controlled by USML
Category VII or ECCN 0A606 are controlled
by ECCN 0A606.x. Electronic components
not enumerated on the USML that are
‘‘specially designed’’ for a missile
controlled by USML Category IV are
controlled by ECCN 9A604.(7) Certain
radiation-hardened microelectronic
circuits are controlled by ECCN 9A515.d or
9A515.e, when ‘‘specially designed’’ for
defense articles, ‘‘600 series’’ items, or
items controlled by 9A515.
Related Definitions: N/A
Items:
a. Electronic ‘‘equipment,’’ ‘‘end items,’’
and ‘‘systems’’ ‘‘specially designed’’ for a
military application that are not enumerated
or otherwise described in either a USML
category or another ‘‘600 series’’ ECCN.
Note to 3A611.a: ECCN 3A611.a includes
any radar, telecommunications, acoustic or
computer equipment, end items, or systems
‘‘specially designed’’ for military application
that are not enumerated or otherwise
described in any USML category or controlled
by another ‘‘600 series’’ ECCN.
b. [Reserved]
c. [Reserved]
VerDate Sep<11>2014
19:24 Jun 02, 2020
Jkt 250001
d. [Reserved]
e. High frequency (HF) surface wave radar
that maintains the positional state of
maritime surface or low altitude airborne
objects of interest in a received radar signal
through time.
Note to 3A611.e: ECCN 3A611.e does not
apply to systems, equipment, and assemblies
‘‘specially designed’’ for marine traffic
control.
f. Application specific integrated circuits
(ASICs) and programmable logic devices
(PLD) that are not controlled by paragraph .y
of this entry and that are programmed for
‘‘600 series’’ items.
Note to paragraph .f: In this paragraph, the
term ‘application specific integrated circuit’
means an integrated circuit developed and
produced for a specific application or
function regardless of number of customers
for which the integrated circuit is developed
or produced.
g. Printed circuit boards and populated
circuit card assemblies that are not controlled
by paragraph .y of this entry and for which
the layout is ‘‘specially designed’’ for ‘‘600
series’’ items.
h. Multichip modules that are not
controlled by paragraph .y of this entry and
for which the pattern or layout is ‘‘specially
designed’’ for ‘‘600 series’’ items.
i. through w. [Reserved]
x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’
and ‘‘attachments’’ that are ‘‘specially
designed’’ for a commodity controlled by this
entry or for an article controlled by USML
Category XI, and not enumerated or
described in any USML category or in any
paragraph other than the .x paragraph of
another 600 series ECCN or in paragraph .y
of this entry.
Note 1 to ECCN 3A611.x: ECCN 3A611.x
includes ‘‘parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially
designed’’ for a radar, telecommunications,
acoustic system or equipment or computer
‘‘specially designed’’ for military application
that are neither controlled in any USML
category nor controlled in any paragraph
other than the .x paragraph of another ‘‘600
series’’ ECCN.
Note 2 to ECCN 3A611.x: ECCN 3A611.x
controls ‘‘parts’’ and ‘‘components’’
‘‘specially designed’’ for underwater sensors
or projectors controlled by USML Category
XI(c)(12) containing single-crystal lead
magnesium niobate lead titanate (PMN–PT)
based piezoelectrics.
Note 3 to ECCN 3A611.x: ‘‘Parts,’’
‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ subject to the EAR and within
the scope of any 600 series .x entry that are
of a type that are or would potentially be for
use in or with multiple platforms (e.g.,
military electronics, military vehicles, and
military aircraft) may be classified under
3A611.x.
y. Specific ‘‘parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially
designed’’ for a commodity subject to control
in a ‘‘600 series’’ ECCN or a defense article
and not elsewhere specified in any paragraph
other than the .y paragraph of a ‘‘600 series’’
ECCN or the USML as follows, and ‘‘parts,’’
PO 00000
Frm 00007
Fmt 4701
Sfmt 4700
34311
‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ ‘‘specially designed’’ therefor:
y.1. Electrical connectors;
y.2. Electric fans;
y.3. Heat sinks;
y.4. Joy sticks;
y.5. Mica paper capacitors;
y.6. Microphones;
y.7. Potentiometers;
y.8. Rheostats;
y.9. Electric connector backshells;
y.10. Solenoids;
y.11. Speakers;
y.12. Trackballs;
y.13. Electric transformers;
y.14. Application specific integrated
circuits (ASICs) and programmable logic
devices (PLD) that are programmed for
commodities controlled in the .y paragraph
of any ‘‘600 series’’ ECCN;
y.15. Printed circuit boards and populated
circuit card assemblies for which the layout
is ‘‘specially designed’’ for an item controlled
by the .y paragraph of any ‘‘600 series’’
ECCN;
y.16. Multichip modules for which the
pattern or layout is ‘‘specially designed’’ for
an item in the .y paragraph of a ‘‘600 series’’
ECCN;
y.17. Circuit breakers;
y.18. Ground fault circuit interrupters;
y.19. Electrical contacts;
y.20. Electrical guide pins;
y.21. Filtered and unfiltered mechanical
switches;
y.22. Thumbwheels;
y.23. Fixed resistors;
y.24. Electrical jumpers;
y.25. Grounding straps;
y.26. Indicator dials;
y.27. Contactors;
y.28. Touchpads;
y.29. Mechanical caps;
y.30. Mechanical plugs;
y.31. Finger barriers;
y.32. Flip-guards;
y.33. Identification plates and nameplates;
y.34. Knobs;
y.35. Hydraulic, pneumatic, fuel and
lubrication gauges.
Note to ECCN 3A611: When applying the
‘‘specially designed’’ definition to determine
whether a printed circuit board, populated
circuit card assembly or multichip module is
controlled by paragraph .g, .h, .y.15 or .y.16
of this entry, the layout of the board or
assembly and the pattern and layout of the
module are the only characteristics that need
be evaluated under the ‘‘specially designed’’
definition.
*
*
*
*
*
3D611 ‘‘Software’’ ‘‘specially designed’’ for
military electronics, as follows (see List
of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Control(s)
NS applies to entire
entry except
3D611.y.
E:\FR\FM\03JNR2.SGM
03JNR2
Country chart
(see Supp. No. 1 to
part 738)
NS Column 1.
34312
Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Rules and Regulations
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
RS applies to entire
entry except
3D611.y.
RS applies to
3D611.y.
AT applies to entire
entry.
UN applies to entire
entry except
3D611.y.
RS Column 1.
China, Russia, or
Venezuela (see
§ 742.6(a)(7)).
AT Column 1.
See § 746.1(b) for UN
controls.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
TSR: N/A
Special Conditions for STA
STA: 1. Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any ‘‘software’’ in 3D611.
2. Except for ‘‘build-to-print’’ software,
License Exception STA is not eligible for
software enumerated in ECCN 3D611.b.
List of Items Controlled
Related Controls: ‘‘Software’’ directly related
to articles enumerated in USML Category
XI is controlled in USML Category XI(d).
Related Definitions: N/A
Items:
a. ‘‘Software’’ ‘‘specially designed’’ for the
‘‘development,’’ ‘‘production,’’ operation, or
maintenance of commodities controlled by
ECCN 3A611 (other than 3A611.y) and
3B611.
b. ‘‘Software’’ ‘‘specially designed’’ for the
‘‘development,’’ ‘‘production,’’ operation or
maintenance of technology in ECCN 3E611.b.
c. through x. [Reserved]
y. ‘‘Software’’ ‘‘specially designed’’ for the
‘‘production,’’ ‘‘development,’’ operation or
maintenance of commodities enumerated in
ECCNs 3A611.y.
*
*
*
*
*
3E611 ‘‘Technology’’ ‘‘required’’ for
military electronics, as follows (see List
of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Control(s)
lotter on DSK9F5VC42PROD with RULES2
NS applies to entire
entry except
3E611.y.
RS applies to entire
entry except
3E611.y.
RS applies to
3E611.y.
AT applies to entire
entry.
UN applies to entire
entry except
3E611.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.
19:24 Jun 02, 2020
Jkt 250001
List of Items Controlled
Related Controls: Technical data directly
related to articles enumerated in USML
Category XI is controlled in USML
Category XI(d).
Related Definitions: N/A
Items:
a. ‘‘Technology’’ (other than that controlled
by 3E611.b or 3E611.y) ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’ operation,
installation, maintenance, repair, overhaul,
or refurbishing of commodities or software
controlled by ECCN 3A611, 3B611 or 3D611.
b. ‘‘Technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’ operation,
installation, maintenance, repair, overhaul,
or refurbishing of the following if controlled
by ECCN 3A611, including 3A611.x:
b.1. Helix traveling wave tubes (TWTs);
b.2. Transmit/receive or transmit modules.
c. through x. [Reserved]
y. ‘‘Technology’’ ‘‘required’’ for the
‘‘production,’’ ‘‘development,’’ operation,
installation, maintenance, repair, overhaul,
or refurbishing of commodities or software
enumerated in ECCNs 3A611.y or 3D611.y.
*
*
*
*
*
5. On page 23467, in the second
column, instruction 20 and its
corresponding amendment text are
corrected to read as follows:
■ 20. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 7,
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
Control(s)
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
TSR: N/A
VerDate Sep<11>2014
Special Conditions for STA
STA: 1. Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any ‘‘technology’’ in 3E611.
2. Except for ‘‘build-to-print technology,’’
License Exception STA is not eligible for
‘‘technology’’ enumerated in ECCN 3E611.b.
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.
PO 00000
Frm 00008
Fmt 4701
Country chart
(see Supp. No. 1 to
part 738)
NS Column 1.
MT Column 1.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: $1,500
GBS: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any item in 7A611.
List of Items Controlled
Related Controls: (1) Military fire control,
laser, imaging, and guidance equipment
that are enumerated in USML Category XII,
and technical data (including software)
directly related thereto, are subject to the
ITAR. (2) See Related Controls in ECCNs
0A504, 2A984, 6A002, 6A003, 6A004,
6A005, 6A007, 6A008, 6A107, 7A001,
7A002, 7A003, 7A005, 7A101, 7A102, and
7A103. (3) See ECCN 3A611 and USML
Category XI for controls on countermeasure
equipment. (4) See ECCN 0A919 for
foreign-made ‘‘military commodities’’ that
incorporate more than a de minimis
amount of U.S. origin ‘‘600 series’’
controlled content.
Related Definitions: N/A
Items:
a. Guidance or navigation systems, not
elsewhere specified on the USML, that are
‘‘specially designed’’ for a defense article on
the USML or for a 600 series item.
b. to w. [Reserved]
x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’
and ‘‘attachments,’’ including
accelerometers, gyros, angular rate sensors,
gravity meters (gravimeters), and inertial
measurement units (IMUs), that are
‘‘specially designed’’ for defense articles
controlled by USML Category XII or items
controlled by 7A611, and that are NOT:
1. Enumerated or controlled in the USML
or elsewhere within ECCN 7A611;
2. Described in ECCNs 6A007, 6A107,
7A001, 7A002, 7A003, 7A101, 7A102 or
7A103; or
3. Elsewhere specified in ECCN 7A611.y or
3A611.y.
y. Specific ‘‘parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially
designed’’ for a commodity subject to control
in this ECCN or a defense article in Category
XII and not elsewhere specified on the USML
or in the CCL, as follows, and ‘‘parts,’’
‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ ‘‘specially designed’’ therefor:
y.1 [Reserved]
*
RS Column 1.
China, Russia, or
Venezuela (see
§ 742.6(a)(7)).
AT Column 1.
See § 746.1(b) for UN
controls.
Sfmt 4700
*
*
*
*
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
Control(s)
NS applies to entire
entry except
7D611.y.
E:\FR\FM\03JNR2.SGM
03JNR2
Country chart
(see Supp. No. 1 to
part 738)
NS Column 1.
Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Rules and Regulations
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
MT applies to
7D611.a ‘‘software’’
‘‘specially designed’’ for
7A611.a commodities controlled for
MT reasons.
RS applies to entire
entry except
7D611.y.
RS applies to
7D611.y.
AT applies to entire
entry.
UN applies to entire
entry except
7D611.y.
MT Column 1.
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.
RS Column 1.
China, Russia, or
Venezuela (see
§ 742.6(a)(7)).
AT Column 1.
See § 746.1(b) for UN
controls.
TSR: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any software in 7D611.
List of Items Controlled
Related Controls: ‘‘Software’’ directly related
to articles enumerated in USML Category
XII is subject of USML paragraph XII(f).
Related Definitions: N/A
Items:
a. ‘‘Software’’ ‘‘specially designed’’ for the
‘‘development,’’ ‘‘production,’’ operation, or
maintenance of commodities controlled by
ECCNs 7A611 (except 7A611.y) or 7B611.
b. to x. [Reserved]
y. Specific ‘‘software’’ ‘‘specially designed’’
for the ‘‘development,’’ ‘‘production,’’
operation, or maintenance of commodities
described in 7A611.y.
*
*
*
*
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
lotter on DSK9F5VC42PROD with RULES2
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.
VerDate Sep<11>2014
RS Column 1.
China, Russia, or
Venezuela (see
§ 742.6(a)(7)).
AT Column 1.
See § 746.1(b) for UN
controls.
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any technology in 7E611.
List of Items Controlled
Related Controls: Technical data directly
related to articles enumerated in USML
Category XII are subject to the control of
USML Category XII(f).
Related Definitions: N/A
Items:
a. ‘‘Technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’ operation,
installation, maintenance, repair, overhaul,
or refurbishing of commodities or ‘‘software’’
controlled by ECCN 7A611 (except 7A611.y),
7B611, or 7D611 (except 7D611.y).
b. through .x [Reserved]
y. Specific ‘‘technology’’ ‘‘required’’ for the
‘‘production,’’ ‘‘development,’’ operation,
installation, maintenance, repair, or overhaul
of commodities or software controlled by
ECCNs 7A611.y or 7D611.y.
*
*
*
*
*
7. On page 23467, in the third column,
instruction 21 and its corresponding
amendment text are corrected to read as
follows:
■ 21. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 8,
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
Reason for Control: NS, MT, RS, AT, UN
Control(s)
Country chart
(see Supp. No. 1 to
part 738)
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
TSR: N/A
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
*
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.
MT Column 1.
19:24 Jun 02, 2020
Jkt 250001
NS applies to entire
entry, except
8A609.y.
RS applies to entire
entry, except
8A609.y.
RS applies to
8A609.y.
PO 00000
Frm 00009
Fmt 4701
NS Column 1.
RS Column 1.
China, Russia, or
Venezuela (see
§ 742.6(a)(7)).
Sfmt 4700
Control(s)
AT applies to entire
entry.
UN applies to entire
entry, except
8A609.y.
34313
Country chart
(see Supp. No. 1 to
part 738)
AT Column 1.
See § 746.1(b) for UN
controls.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: $1,500
GBS: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License
Exception STA (§ 740.20(c)(1) of the EAR)
may not be used for any item in 8A609.a,
unless determined by BIS to be eligible for
License Exception STA in accordance with
§ 740.20(g) (License Exception STA
eligibility requests for 9x515 and ‘‘600
series’’ items). (2) Paragraph (c)(2) of
License Exception STA (§ 740.20(c)(2) of
the EAR) may not be used for any item in
8A609.
List of Items Controlled
Related Controls: (1) Surface vessels of war
and special naval equipment, and technical
data (including software), and services
directly related thereto, described in 22
CFR part 121, Category VI, Surface Vessels
of War and Special Naval Equipment, are
subject to the jurisdiction of the
International Traffic in Arms Regulations.
(2) See ECCN 0A919 for foreign-made
‘‘military commodities’’ that incorporate
more than a de minimis amount of U.S.origin ‘‘600 series’’ controlled content. (3)
For controls on diesel engines and electric
motors that are ‘‘subject to the EAR’’ for
surface vessels of war ‘‘subject to the EAR’’
or ‘‘subject to the ITAR,’’ see ECCN
8A992.g. For diesel engines and electric
motors for surface vessels of war ‘‘subject
to the ITAR,’’ see 22 CFR part 121,
Category VI(c) for parts, components,
accessories, and attachments, ‘‘specially
designed’’ for developmental vessels
funded by the Department of Defense via
contract or other funding authorization. (4)
For controls on military gas turbine
engines and related items for vessels of
war, see ECCN 9A619. (4) For controls on
military gas turbine engines and related
items for vessels of war, see ECCN 9A619.
Related Definitions: N/A
Items:
a. Surface vessels of war ‘‘specially
designed’’ for a military use and not
enumerated or otherwise described in the
USML.
Note 1: 8A609.a includes: (i) Underway
replenishment ships; (ii) surface vessel and
submarine tender and repair ships, except
vessels that are ‘‘specially designed’’ to
support naval nuclear propulsion plants; (iii)
non-submersible submarine rescue ships; (iv)
other auxiliaries (e.g., AGDS, AGF, AGM,
AGOR, AGOS, AH, AP, ARL, AVB, AVM, and
AVT); (v) amphibious warfare craft, except
those that are armed; and (vi) unarmored
and unarmed coastal, patrol, roadstead, and
Coast Guard and other patrol craft with
E:\FR\FM\03JNR2.SGM
03JNR2
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Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Rules and Regulations
mounts or hard points for firearms of .50
caliber or less.
lotter on DSK9F5VC42PROD with RULES2
Note 2: For purposes of paragraph .a,
surface vessels of war includes vessels
‘‘specially designed’’ for military use that are
not identified in paragraph (a) of ITAR
§ 121.15, including any demilitarized vessels,
regardless of origin or designation,
manufactured prior to 1950 and that have
not been modified since 1949. For purposes
of this note, the term modified does not
include incorporation of safety features
required by law, cosmetic changes (e.g.,
different paint), or the addition of ‘‘parts’’ or
‘‘components’’ available prior to 1950.
b. Non-magnetic diesel engines with a
power output of 50 hp or more and either of
the following:
b.1. Non-magnetic content exceeding 25%
of total weight; or
b.2. Non-magnetic parts other than
crankcase, block, head, pistons, covers, end
plates, valve facings, gaskets, and fuel,
lubrication and other supply lines.
c. through w. [Reserved]
x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’
and ‘‘attachments’’ that are ‘‘specially
designed’’ for a commodity enumerated or
otherwise described in ECCN 8A609 (except
for 8A609.y) or a defense article enumerated
or otherwise described in USML Category VI
and not specified elsewhere on the USML, in
8A609.y or 3A611.y.
Note 1: Forgings, castings, and other
unfinished products, such as extrusions and
machined bodies, that have reached a stage
in manufacturing where they are clearly
identifiable by mechanical properties,
material composition, geometry, or function
as commodities controlled by ECCN 8A609.x
are controlled by ECCN 8A609.x.
Note 2: ‘‘Parts,’’ ‘‘components,’’
‘‘accessories’’ and ‘‘attachments’’ specified in
USML subcategory VI(f) are subject to the
controls of that paragraph. ‘‘Parts,’’
‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ specified in ECCN 8A609.y
are subject to the controls of that paragraph.
y. Specific ‘‘parts,’’ ‘‘components,’’
‘‘accessories’’ and ‘‘attachments’’ ‘‘specially
designed’’ for a commodity subject to control
in this ECCN or for a defense article in USML
Category VI and not elsewhere specified in
the USML, as follows, and ‘‘parts,’’
‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ ‘‘specially designed’’ therefor:
y.1. Public address (PA) systems;
y.2. Filters and filter assemblies, hoses,
lines, fittings, couplings, and brackets for
pneumatic, hydraulic, oil and fuel systems;
y.3. Galleys;
y.4. Lavatories;
y.5. Magnetic compass, magnetic azimuth
detector;
y.6. Medical facilities;
y.7. Potable water tanks, filters, valves,
hoses, lines, fittings, couplings, and brackets;
y.8. Panel knobs, indicators, switches,
buttons, and dials whether unfiltered or
filtered for use with night vision imaging
systems;
y.9. Emergency lighting;
y.10. Gauges and indicators;
y.11. Audio selector panels.
VerDate Sep<11>2014
19:24 Jun 02, 2020
Jkt 250001
8A620 Submersible vessels, oceanographic
and associated commodities (see List of
Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Control(s)
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.
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.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: $1,500
GBS: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License
Exception STA (§ 740.20(c)(1) of the EAR)
may not be used for any item in 8A620.a
or .b, unless determined by BIS to be
eligible for License Exception STA in
accordance with § 740.20(g) (License
Exception STA eligibility requests for ‘‘600
series’’ end items). (2) Paragraph (c)(2) of
License Exception STA (§ 740.20(c)(2) of
the EAR) may not be used for any item in
8A620.
List of Items Controlled
Related Controls: (1) Submersible vessels,
oceanographic and associated equipment,
and technical data (including software),
and services directly related thereto,
described in 22 CFR part 121, Category XX,
Submersible Vessels, Oceanographic and
Associated Equipment, are subject to the
jurisdiction of the International Traffic in
Arms Regulations (ITAR). ‘‘Parts,’’
‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ ‘‘specially designed’’ for
defense articles in USML Category XX are
controlled under USML sub-category
XX(c). (2) See ECCN 0A919 for foreign
made ‘‘military commodities’’ that
incorporate more than a de minimis
amount of U.S.-origin ‘‘600 series’’
controlled content. (3) For controls on
nonmilitary submersible vehicles,
oceanographic and associated equipment,
see ECCNs 8A001, 8A002, and 8A992. (4)
See ECCN 8A609 for controls on
nonmagnetic diesel engines with a power
output of 50 hp or more and either: (i)
Nonmagnetic content exceeding 25% of
total weight; or (ii) non-magnetic parts
other than crankcase, block, head, pistons,
covers, end plates, valve facings, gaskets,
and fuel, lubrication and other supply
lines.
Related Definitions: N/A
Items:
PO 00000
Frm 00010
Fmt 4701
Sfmt 4700
a. Submersible and semi-submersible
vessels ‘‘specially designed’’ for a military
use and not enumerated or otherwise
described in the USML.
Note: 8A620.a includes submarine rescue
vehicles and Deep Submergence Vehicles
(DSV).
b. Submersible and semi-submersible
vessels ‘‘specially designed’’ for cargo
transport and ‘‘parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially
designed’’ therefor.
c. Harbor entrance detection devices
(magnetic, pressure, and acoustic) and
controls therefor, not elsewhere specified on
the USML or the CCL.
d. Diesel engines of 1,500 hp and over with
rotary speed of 700 rpm or over ‘‘specially
designed’’ for submarines.
Note: Propulsion systems not specified in
ECCN 8A620.d that are ‘‘specially designed’’
for an article controlled by USML Category
XX are controlled by USML XX(b) or (c).
e. Submarine nets and torpedo nets.
f. Diving and underwater swimming
apparatus specially designed or modified for
military use, as follows:
f.1. Self-contained diving rebreathers,
closed or semi-closed circuit;
f.2. Underwater swimming apparatus
specially designed for use with the diving
apparatus specified in subparagraph f.1;
N.B.: See also 8A002.q.
g. through w. [Reserved]
x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’
and ‘‘attachments’’ that are ‘‘specially
designed’’ for a commodity enumerated or
otherwise described in ECCN 8A620 (except
for 8A620.b or 8A620.y) and not elsewhere
specified on the USML, in 8A620.y or
3A611.y.
Note 1: Forgings, castings, and other
unfinished products, such as extrusions and
machined bodies, that have reached a stage
in manufacturing where they are clearly
identifiable by mechanical properties,
material composition, geometry, or function
as commodities controlled by ECCN 8A620.x
are controlled by ECCN 8A620.x.
Note 2: ‘‘Parts,’’ ‘‘components,’’
‘‘accessories’’ and ‘‘attachments’’ specified in
ECCN 8A620.y are subject to the controls of
that paragraph.
y. Specific ‘‘parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially
designed’’ for a commodity subject to control
in this ECCN, as follows, and ‘‘parts,’’
‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ ‘‘specially designed’’ therefor:
y.1. Public address (PA) systems;
y.2. Filters and filter assemblies, hoses,
lines, fittings, couplings, and brackets for
pneumatic, hydraulic, oil and fuel systems;
y.3. Galleys;
y.4. Lavatories;
y.5. Magnetic compass, magnetic azimuth
detector;
y.6. Medical facilities;
y.7. Potable water tanks, filters, valves,
hoses, lines, fittings, couplings, and brackets;
y.8. Panel knobs, indicators, switches,
buttons, and dials whether unfiltered or
filtered for use with night vision imaging
systems;
E:\FR\FM\03JNR2.SGM
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Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Rules and Regulations
y.9. Emergency lighting;
y.10. Gauges and indicators;
y.11. Audio selector panels.
*
*
*
*
*
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
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.
Country chart
(see Supp. No. 1 to
part 738)
RS Column 1.
See § 746.1(b) for UN
controls.
TSR: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any ‘‘software’’ in 8D609.
lotter on DSK9F5VC42PROD with RULES2
List of Items Controlled
Related Controls: (1) ‘‘Software’’ directly
related to articles enumerated in USML
Category VI is controlled under USML
Category VI(g). (2) See ECCN 0A919 for
foreign made ‘‘military commodities’’ that
incorporate more than a de minimis
amount of U.S.-origin ‘‘600 series’’
controlled content.
Related Definitions: N/A
Items:
a. ‘‘Software’’ ‘‘specially designed’’ for the
‘‘development,’’ ‘‘production,’’ operation, or
maintenance of commodities controlled by
ECCN 8A609, ECCN 8B609, or ECCN 8C609
(except for commodities controlled by ECCN
8A609.y).
b. through .x [Reserved]
y. Specific ‘‘software’’ ‘‘specially designed’’
for the ‘‘development,’’ ‘‘production,’’
operation, or maintenance of commodities in
ECCN 8A609.y.
8D620 ‘‘Software’’ ‘‘specially designed’’ for
the ‘‘development,’’ ‘‘production,’’
operation, or maintenance of
commodities controlled by 8A620 or
8B620 (see List of Items Controlled).
Reason for Control: NS, RS, AT, UN
19:24 Jun 02, 2020
Jkt 250001
AT applies to entire
entry.
UN applies to entire
entry, except
8D620.y.
RS applies to
8E609.y.
RS Column 1.
AT applies to entire
entry.
UN applies to entire
entry, except
8E609.y.
China, Russia, or
Venezuela (see
§ 742.6(a)(7)).
AT Column 1.
See § 746.1(b) for UN
controls.
List of Items Controlled
Related Controls: (1) ‘‘Software’’ directly
related to articles enumerated or otherwise
described in USML Category XX is
controlled under USML Category XX(d). (2)
See ECCN 0A919 for foreign made
‘‘military commodities’’ that incorporate
more than a de minimis amount of U.S.origin ‘‘600 series’’ controlled content.
Related Definitions: N/A
Items:
a. ‘‘Software’’ ‘‘specially designed’’ for the
‘‘development,’’ ‘‘production,’’ operation, or
maintenance of commodities controlled by
ECCN 8A620 or ECCN 8B620 (except for
commodities controlled by ECCN 8A620.b or
.y or ECCN 8B620.b).
b. ‘‘Software’’ ‘‘specially designed’’ for the
‘‘development,’’ ‘‘production,’’ operation, or
maintenance of commodities controlled by
ECCN 8A620.b or ECCN 8B620.b.
c. through .x [Reserved]
y. Specific ‘‘software’’ ‘‘specially designed’’
for the ‘‘development,’’ ‘‘production,’’
operation, or maintenance of commodities in
ECCN 8A620.y.
*
*
*
*
License Requirements
Reason for Control: NS, RS, AT, UN
NS applies to entire
entry, except
8E609.y.
RS applies to entire
entry, except
8E609.y.
PO 00000
Frm 00011
Fmt 4701
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.
TSR: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any ‘‘technology’’ in 8E609.
List of Items Controlled
Related Controls: Technical data directly
related to articles enumerated or otherwise
described in USML Category VI are
controlled under USML Category VI(g).
Related Definitions: N/A
Items:
a. ‘‘Technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’ operation,
installation, maintenance, repair, overhaul,
or refurbishing of commodities controlled by
ECCN 8A609, 8B609, or 8C609 (except for
commodities controlled by ECCN 8A609.y),
or ‘‘software’’ controlled by ECCN 8D609.
b. through .x [Reserved]
y. Specific ‘‘technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’ operation,
installation, maintenance, repair, overhaul,
or refurbishing of commodities or software in
ECCN 8A609.y or 8D609.y.
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
Control(s)
NS applies to entire
entry, except
8E620.b and .y.
RS applies to entire
entry, except
8E620.y.
RS applies to
8E620.y.
AT applies to entire
entry.
UN applies to entire
entry, except
8E620.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.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
TSR: N/A
Sfmt 4700
Country chart
(see Supp. No. 1 to
part 738)
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
*
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).
Control(s)
Control(s)
NS Column 1.
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any ‘‘software’’ in 8D620.
China, Russia, or
Venezuela (see
§ 742.6(a)(7)).
AT Column 1.
License Requirements
NS applies to entire
entry, except
8D620.b and .y.
RS applies to entire
entry, except
8D620.y.
RS applies to
8D620.y.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
TSR: N/A
NS Column 1.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
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(see Supp. No. 1 to
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Control(s)
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Special Conditions for STA
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any ‘‘technology’’ in 8E620.
List of Items Controlled
Related Controls: Technical data directly
related to articles enumerated or otherwise
described in USML Category XX are
controlled under USML Category XX(d).
Related Definitions: N/A
Items:
a. ‘‘Technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’ operation,
installation, maintenance, repair, overhaul,
or refurbishing of commodities controlled by
ECCN 8A620 or 8B620 or ‘‘software’’
controlled by ECCN 8D620 (except for
commodities controlled by ECCN 8A620.b or
.y or ECCN 8B620.b or ‘‘software’’ controlled
by 8D620.b or .y).
b. ‘‘Technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’ operation,
installation, maintenance, repair, overhaul,
or refurbishing of commodities controlled by
ECCN 8A620.b or 8B620.b or ‘‘software’’
controlled by ECCN 8D620.b.
c. through .x [Reserved]
y. Specific ‘‘technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’ operation,
installation, maintenance, repair, overhaul or
refurbishing of commodities or software in
ECCN 8A620.y or 8D620.y.
*
*
*
*
*
■ 8. On page 23468, in the third column,
instruction 22 is removed.
■ 9. On page 23468, in the third column,
instruction 23 and its corresponding
amendment text are corrected to read as
follows:
■ 23. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9,
ECCNs 9A515, 9A610, 9A619, 9B619,
9D515, 9D610, 9D619, 9E515, 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
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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.
VerDate Sep<11>2014
Country chart
(see Supp. No. 1 to
part 738)
NS Column 1.
RS Column 1.
RS Column 2.
China, Russia, or
Venezuela (see
§ 742.6(a)(7)).
19:45 Jun 02, 2020
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Control(s)
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.
Country chart
(see Supp. No. 1 to
part 738)
MT Column 1.
AT Column 1.
License Requirement Note: The Commerce
Country Chart is not used for determining
license requirements for commodities
classified in ECCN 9A515.a.1, .a.2., .a.3., .a.4,
and .g. See § 742.6(a)(9), which specifies that
such commodities are subject to a worldwide
license requirement.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: $1,500
GBS: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License
Exception STA (§ 740.20(c)(1) of the EAR)
may not be used for ‘‘spacecraft’’ in ECCN
9A515.a.1, .a.2, .a.3, or .a.4, or items in
9A515.g, unless determined by BIS to be
eligible for License Exception STA in
accordance with § 740.20(g) (License
Exception STA eligibility requests for
certain 9x515 and ‘‘600 series’’ items). (2)
License Exception STA may not be used if
the ‘‘spacecraft’’ controlled in ECCN
9A515.a.1, .a.2, .a.3, or .a.4 contains a
separable or removable propulsion system
enumerated in USML Category IV(d)(2) or
USML Category XV(e)(12) and designated
MT. (3) Paragraph (c)(2) of License
Exception STA (§ 740.20(c)(2) of the EAR)
may not be used for any item in 9A515.
List of Items Controlled
Related Controls: Spacecraft, launch vehicles
and related articles that are enumerated in
the USML, and technical data (including
‘‘software’’) directly related thereto, and all
services (including training) directly
related to the integration of any satellite or
spacecraft to a launch vehicle, including
both planning and onsite support, or
furnishing any assistance (including
training) in the launch failure analysis or
investigation for items in ECCN 9A515.a,
are ‘‘subject to the ITAR.’’ All other
‘‘spacecraft,’’ as enumerated below and
defined in § 772.1, are subject to the
controls of this ECCN. See also ECCNs
3A001, 3A002, 3A991, 3A992, 6A002,
6A004, 6A008, and 6A998 for specific
PO 00000
Frm 00012
Fmt 4701
Sfmt 4700
‘‘space-qualified’’ items, 7A004 and 7A104
for star trackers, and 9A004 for the
International Space Station (ISS), the James
Webb Space Telescope (JWST), and
‘‘specially designed’’ ‘‘parts’’ and
‘‘components’’ therefor. See USML
Category XI(c) for controls on ‘‘Monolithic
Microwave Integrated Circuit’’ (‘‘MMIC’’)
amplifiers that are ‘‘specially designed’’ for
defense articles. See ECCN 9A610.g for
pressure suits used for high altitude
aircraft.
Related Definitions: ‘Microcircuit’ means a
device in which a number of passive or
active elements are considered as
indivisibly associated on or within a
continuous structure to perform the
function of a circuit.
Items:
‘‘Spacecraft’’ and other items described in
ECCN 9A515 remain subject to the EAR even
if exported, reexported, or transferred (incountry) with defense articles ‘‘subject to the
ITAR’’ integrated into and included therein
as integral parts of the item. In all other
cases, such defense articles are subject to the
ITAR. For example, a 9A515.a ‘‘spacecraft’’
remains ‘‘subject to the EAR’’ even when it
is exported, reexported, or transferred (incountry) with a ‘‘hosted payload’’ described
in USML Category XV(e)(17) incorporated
therein. In all other cases, a ‘‘hosted payload’’
performing a function described in USML
Category XV(a) always remains a USML item.
The removal of the defense article subject to
the ITAR from the spacecraft is a retransfer
under the ITAR and would require an ITAR
authorization, regardless of the CCL
authorization the spacecraft is exported
under. Additionally, transfer of technical
data regarding the defense article subject to
the ITAR integrated into the spacecraft would
require an ITAR authorization.
a. ‘‘Spacecraft,’’ including satellites, and
space vehicles, whether designated
developmental, experimental, research or
scientific, not enumerated in USML Category
XV or described in ECCN 9A004.u or .w, that:
a.1. Have electro-optical remote sensing
capabilities and having a clear aperture
greater than 0.35 meters, but less than or
equal to 0.50 meters;
a.2. Have remote sensing capabilities
beyond NIR (i.e., SWIR, MWIR, or LWIR);
a.3. Have radar remote sensing capabilities
(e.g., AESA, SAR, or ISAR) having a center
frequency equal to or greater than 1.0 GHz,
but less than 10.0 GHz and having a
bandwidth equal to or greater than 100 MHz,
but less than 300 MHz;
a.4. Provide space-based logistics,
assembly, or servicing of another
‘‘spacecraft’’; or
a.5. Are not described in ECCN 9A515.a.1,
.a.2, .a.3 or .a.4.
Note: ECCN 9A515.a includes commercial
communications satellites, remote sensing
satellites, planetary rovers, planetary and
interplanetary probes, and in-space habitats,
not identified in ECCN 9A004 or USML
Category XV(a).
b. Ground control systems and training
simulators ‘‘specially designed’’ for
telemetry, tracking, and control of the
‘‘spacecraft’’ controlled in paragraphs
9A004.u or 9A515.a.
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c. [Reserved]
d. Microelectronic circuits (e.g., integrated
circuits, microcircuits, or MOSFETs) and
discrete electronic components rated,
certified, or otherwise specified or described
as meeting or exceeding all the following
characteristics and that are ‘‘specially
designed’’ for defense articles, ‘‘600 series’’
items, or items controlled by ECCNs 9A004.v
or 9A515:
d.1. A total dose of 5 x 105 Rads (Si) (5 ×
103 Gy (Si));
d.2. A dose rate upset threshold of 5 × 108
Rads (Si)/sec (5 × 106 Gy (Si)/sec);
d.3. A neutron dose of 1 × 1014 n/cm2 (1
MeV equivalent);
d.4. An uncorrected single event upset
sensitivity of 1 × 10–10 errors/bit/day or less,
for the CRE`ME–MC geosynchronous orbit,
Solar Minimum Environment for heavy ion
flux; and
d.5. An uncorrected single event upset
sensitivity of 1 × 10–3 errors/part or less for
a fluence of 1 × 107 protons/cm2 for proton
energy greater than 50 MeV.
e. Microelectronic circuits (e.g., integrated
circuits, microcircuits, or MOSFETs) and
discrete electronic components that are rated,
certified, or otherwise specified or described
as meeting or exceeding the characteristics in
either paragraph e.1 or e.2, AND ‘‘specially
designed’’ for defense articles controlled by
USML Category XV or items controlled by
ECCNs 9A004.u or 9A515:
e.1. A total dose ≥1 × 105 Rads (Si) (1 ×
103 Gy(Si)) and <5 × 105 Rads (Si) (5 × 103
Gy(Si)); and a single event effect (SEE) (i.e.,
single event latchup (SEL), single event
burnout (SEB), or single event gate rupture
(SEGR)) immunity to a linear energy transfer
(LET) ≥80 MeV-cm2/mg; or
e.2. A total dose ≥5 × 105 Rads (Si) (5 ×
103 Gy (Si)) and not described in 9A515.d.
Note 1 to 9A515.d and .e: Application
specific integrated circuits (ASICs),
integrated circuits developed and produced
for a specific application or function,
specifically designed or modified for defense
articles and not in normal commercial use
are controlled by Category XI(c) of the USML
regardless of characteristics.
Note 2 to 9A515.d and .e: See 3A001.a for
controls on radiation-hardened
microelectronic circuits ‘‘subject to the EAR’’
that are not controlled by 9A515.d or
9A515.e.
f. Pressure suits (i.e., space suits) capable
of operating at altitudes 55,000 feet above sea
level.
g. Remote sensing components ‘‘specially
designed’’ for ‘‘spacecraft’’ described in
ECCNs 9A515.a.1 through 9A515.a.4 as
follows:
g.1. Space-qualified optics (i.e., lens,
mirror, membrane having active properties
(e.g., adaptive, deformable)) with the largest
lateral clear aperture dimension equal to or
less than 0.35 meters; or with the largest clear
aperture dimension greater than 0.35 meters
but less than or equal to 0.50 meters;
g.2. Optical bench assemblies ‘‘specially
designed’’ for ECCN 9A515.a.1, 9A515.a.2,
9A515.a.3, or 9A515.a.4 ‘‘spacecraft;’’ or
g.3. Primary, secondary, or hosted payloads
that perform a function of ECCN 9A515.a.1,
VerDate Sep<11>2014
19:24 Jun 02, 2020
Jkt 250001
9A515.a.2, 9A515.a.3, or 9A515.a.4
‘‘spacecraft.’’
h. Spacecraft thrusters using bi-propellants
or mono-propellants that provide thrust
equal to or less than 150 lbf (i.e., 667.23 N)
vacuum thrust.
i. through w. [RESERVED]
x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’
and ‘‘attachments’’ that are ‘‘specially
designed’’ for defense articles controlled by
USML Category XV or items controlled by
9A515, and that are NOT:
x.1. Enumerated or controlled in the USML
or elsewhere within ECCNs 9A515 or 9A004;
x.2. Microelectronic circuits and discrete
electronic components;
x.3. Described in ECCNs 7A004 or 7A104;
x.4. Described in an ECCN containing
‘‘space-qualified’’ as a control criterion (i.e.,
3A001.b.1, 3A001.e.4, 3A002.g.1, 3A991.o,
3A992.b.3, 6A002.a.1, 6A002.b.2, 6A002.d.1,
6A004.c and .d, 6A008.j.1, 6A998.b, or
7A003.d.2);
x.5. Microwave solid state amplifiers and
microwave assemblies (refer to ECCN
3A001.b.4 for controls on these items);
x.6. Travelling wave tube amplifiers (refer
to ECCN 3A001.b.8 for controls on these
items); or
x.7. Elsewhere specified in ECCN 9A515.y.
Note to 9A515.x: ‘‘Parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments’’ specified
in USML subcategory XV(e) or enumerated in
other USML categories are subject to the
controls of that paragraph or category.
y. Items that would otherwise be within
the scope of ECCN 9A515.x but that have
been identified in an interagency-cleared
commodity classification (CCATS) pursuant
to § 748.3(e) as warranting control in
9A515.y.
y.1. Discrete electronic components not
specified in 9A515.e;
y.2. Space grade or for spacecraft
applications thermistors;
y.3. Space grade or for spacecraft
applications RF microwave bandpass ceramic
filters (Dielectric Resonator Bandpass
Filters);
y.4. Space grade or for spacecraft
applications hall effect sensors;
y.5. Space grade or for spacecraft
applications subminiature (SMA and SMP)
plugs and connectors, TNC plugs and cable
and connector assemblies with SMA plugs
and connectors; and
y.6. Space grade or for spacecraft
applications flight cable assemblies.
*
*
*
*
*
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
PO 00000
Frm 00013
Fmt 4701
Sfmt 4700
Control(s)
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.
34317
Country chart
(see Supp. No. 1 to
part 738)
NS Column 1.
RS Column 1.
China, Russia, or
Venezuela (see
§ 742.6(a)(7)).
MT Column 1.
AT Column 1.
See § 746.1(b) for UN
controls.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: $1,500
GBS: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License
Exception STA (§ 740.20(c)(1) of the EAR)
may not be used for any item in 9A610.a
(i.e., ‘‘end item’’ military aircraft), unless
determined by BIS to be eligible for
License Exception STA in accordance with
§ 740.20(g) (License Exception STA
eligibility requests for 9x515 and ‘‘600
series’’ items). (2) Paragraph (c)(2) of
License Exception STA (§ 740.20(c)(2) of
the EAR) may not be used for any item in
9A610.
List of Items Controlled
Related Controls: (1) Military aircraft and
related articles that are enumerated in
USML Category VIII, and technical data
(including software) directly related
thereto, are subject to the ITAR. (2) See
ECCN 0A919 for controls on foreign-made
‘‘military commodities’’ that incorporate
more than a de minimis amount of U.S.origin ‘‘600 series’’ controlled content. (3)
See USML Category XIX and ECCN 9A619
for controls on military aircraft gas turbine
engines and related items.
Related Definitions: In paragraph .y of this
entry, the term ‘fluid’ includes liquids and
gases.
Items:
a. ’Military Aircraft’ ‘‘specially designed’’
for a military use that are not enumerated in
USML paragraph VIII(a).
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Note 1: For purposes of paragraph .a the
term ‘military aircraft’ means the LM–100J
aircraft and any aircraft ‘‘specially designed’’
for a military use that are not enumerated in
USML paragraph VIII(a). The term includes:
Trainer aircraft; cargo aircraft; utility fixed
wing aircraft; military helicopters;
observation aircraft; military non-expansive
balloons and other lighter than air aircraft;
and unarmed military aircraft, regardless of
origin or designation. Aircraft with
modifications made to incorporate safety of
flight features or other FAA or NTSB
modifications such as transponders and air
data recorders are ‘‘unmodified’’ for the
purposes of this paragraph .a.
Note 2: 9A610.a does not control ’military
aircraft’ that:
a. Were first manufactured before 1946;
b. Do not incorporate defense articles
enumerated or otherwise described on the
U.S. Munitions List, unless the items are
required to meet safety or airworthiness
standards of a Wassenaar Arrangement
Participating State; and
c. Do not incorporate weapons enumerated
or otherwise described on the U.S. Munitions
List, unless inoperable and incapable of
being returned to operation.
b. L–100 aircraft manufactured prior to
2013.
c.–d. [Reserved]
e. Mobile aircraft arresting and engagement
runway systems for aircraft controlled by
either USML Category VIII(a) or ECCN
9A610.a.
f. Pressure refueling equipment and
equipment that facilitates operations in
confined areas, ‘‘specially designed’’ for
aircraft controlled by either USML paragraph
VIII(a) or ECCN 9A610.a.
g. Aircrew life support equipment, aircrew
safety equipment and other devices for
emergency escape from aircraft controlled by
either USML paragraph VIII(a) or ECCN
9A610.a.
h. Parachutes, paragliders, complete
parachute canopies, harnesses, platforms,
electronic release mechanisms, ‘‘specially
designed’’ for use with aircraft controlled by
either USML paragraph VIII(a) or ECCN
9A610.a, and ‘‘equipment’’ ‘‘specially
designed’’ for military high altitude
parachutists, such as suits, special helmets,
breathing systems, and navigation
equipment.
i. Controlled opening equipment or
automatic piloting systems, designed for
parachuted loads.
j. Ground effect machines (GEMS),
including surface effect machines and air
cushion vehicles, ‘‘specially designed’’ for
use by a military.
k. through s. [Reserved]
t. Composite structures, laminates, and
manufactures thereof ‘‘specially designed’’
for unmanned aerial vehicles controlled
under USML Category VIII(a) with a range
equal to or greater than 300 km.
Note to paragraph .t: Composite structures,
laminates, and manufactures thereof
‘‘specially designed’’ for unmanned aerial
vehicles controlled under USML Category
VIII(a) with a maximum range less than 300
km are controlled in paragraph .x of this
entry.
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19:24 Jun 02, 2020
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u. Apparatus and devices ‘‘specially
designed’’ for the handling, control,
activation and non-ship-based launching of
UAVs or drones controlled by either USML
paragraph VIII(a) or ECCN 9A610.a, and
capable of a range equal to or greater than
300 km.
Note to paragraph .u: Apparatus and
devices ‘‘specially designed’’ for the
handling, control, activation and non-shipbased launching of UAVs or drones
controlled by either USML paragraph VIII(a)
or ECCN 9A610.a with a maximum range less
than 300 km are controlled in paragraph .x
of this entry.
v. Radar altimeters designed or modified
for use in UAVs or drones controlled by
either USML paragraph VIII(a) or ECCN
9A610.a., and capable of delivering at least
500 kilograms payload to a range of at least
300 km.
Note to paragraph .v: Radar altimeters
designed or modified for use in UAVs or
drones controlled by either USML paragraph
VIII(a) or ECCN 9A610.a. that are not capable
of delivering at least 500 kilograms payload
to a range of at least 300 km are controlled
in paragraph .x of this entry.
w.1. Pneumatic hydraulic, mechanical,
electro-optical, or electromechanical flight
control systems (including fly-by-wire and
fly-by-light systems) and attitude control
equipment designed or modified for UAVs
controlled by either USML paragraph VIII(a)
or ECCN 9A610.a., and capable of delivering
at least 500 kilograms payload to a range of
at least 300 km.
Note to paragraph w.1: Pneumatic,
hydraulic, mechanical, electro-optical, or
electromechanical flight control systems
(including fly-by-wire and fly-by-light
systems) and attitude control equipment
designed or modified for UAVs controlled by
either USML paragraph VIII(a) or ECCN
9A610.a., not capable of delivering at least
500 kilograms payload to a range of at least
300 km are controlled in paragraph .x of this
entry.
w.2. Flight control servo valves designed or
modified for the systems in 9A610.w.1 and
designed or modified to operate in a
vibration environment greater than 10g rms
over the entire range between 20Hz and 2
kHz.
Note to paragraph .w: Paragraphs
9A610.w.1. and 9A610.w.2. include the
systems, equipment and valves designed or
modified to enable operation of manned
aircraft as unmanned aerial vehicles.
x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’
and ‘‘attachments’’ that are ‘‘specially
designed’’ for a commodity enumerated or
otherwise described in ECCN 9A610 (except
for 9A610.y) or a defense article enumerated
or otherwise described in USML Category
VIII and not elsewhere specified on the
USML or in 9A610.y, 9A619.y, or 3A611.y.
y. Specific ‘‘parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially
designed’’ for a commodity subject to control
in this entry, ECCN 9A619, or for a defense
article in USML Categories VIII or XIX and
not elsewhere specified in the USML or the
CCL, and other aircraft commodities
PO 00000
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Fmt 4701
Sfmt 4700
‘‘specially designed’’ for a military use, as
follows, and ‘‘parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially
designed’’ therefor:
y.1. Aircraft tires;
y.2. Analog gauges and indicators;
y.3. Audio selector panels;
y.4. Check valves for hydraulic and
pneumatic systems;
y.5. Crew rest equipment;
y.6. Ejection seat mounted survival aids;
y.7. Energy dissipating pads for cargo (for
pads made from paper or cardboard);
y.8. Fluid filters and filter assemblies;
y.9. Galleys;
y.10. Fluid hoses, straight and unbent lines
(for a commodity subject to control in this
entry or defense article in USML Category
VIII), and fittings, couplings, clamps (for a
commodity subject to control in this entry or
defense article in USML Category VIII) and
brackets therefor;
y.11. Lavatories;
y.12. Life rafts;
y.13. Magnetic compass, magnetic azimuth
detector;
y.14. Medical litter provisions;
y.15. Cockpit or cabin mirrors;
y.16. Passenger seats including palletized
seats;
y.17. Potable water storage systems;
y.18. Public address (PA) systems;
y.19. Steel brake wear pads (does not
include sintered mix or carbon/carbon
materials);
y.20. Underwater locator beacons;
y.21. Urine collection bags/pads/cups/
pumps;
y.22. Windshield washer and wiper
systems;
y.23. Filtered and unfiltered panel knobs,
indicators, switches, buttons, and dials;
y.24. Lead-acid and Nickel-Cadmium
batteries;
y.25. Propellers, propeller systems, and
propeller blades used with reciprocating
engines;
y.26. Fire extinguishers;
y.27. Flame and smoke/CO2 detectors;
y.28. Map cases;
y.29. ‘Military Aircraft’ that were first
manufactured from 1946 to 1955 that do not
incorporate defense articles enumerated or
otherwise described on the U.S. Munitions
List, unless the items are required to meet
safety or airworthiness standards of a
Wassenaar Arrangement Participating State;
and do not incorporate weapons enumerated
or otherwise described on the U.S. Munitions
List, unless inoperable and incapable of
being returned to operation;
y.30. ‘‘Parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments,’’ other than
electronic items or navigation equipment, for
use in or with a commodity controlled by
ECCN 9A610.h;
y.31. Identification plates and nameplates;
and
y.32. Fluid manifolds.
9A619 Military gas turbine engines and
related commodities (see List of Items
Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
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Control(s)
NS applies to entire
entry except
9A619.y.
RS applies to entire
entry except
9A619.y.
RS applies to
9A619.y.
AT applies to entire
entry.
UN applies to entire
entry except
9A619.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.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: $1,500
GBS: N/A
lotter on DSK9F5VC42PROD with RULES2
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any item in ECCN 9A619.
List of Items Controlled
Related Controls: (1) Military gas turbine
engines and related articles that are
enumerated or otherwise described in USML
Category XIX, and technical data (including
software) directly related thereto, are subject
to the jurisdiction of the International Traffic
in Arms Regulations (ITAR). (2) Gas turbine
engines designated 501–D22 are controlled in
ECCN 9A991.d regardless of the aircraft type
into which they will be installed. (3) See
ECCN 0A919 for foreign-made ‘‘military
commodities’’ that incorporate more than a
de minimis amount of U.S.-origin ‘‘600
series’’ controlled content. (4) ‘‘Parts,’’
‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ specified in USML Category
XIX(f) are subject to the controls of that
paragraph. (5) ‘‘Parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments’’ specified
in ECCN 9A619.y are subject to the controls
of that paragraph.
Related Definitions: In paragraph .y of this
entry, the term ‘fluid’ includes liquids and
gases.
Items:
a. ‘‘Military Gas Turbine Engines’’
‘‘specially designed’’ for a military use that
are not controlled in USML Category XIX(a),
(b), (c), or (d).
Note: For purposes of ECCN 9A619.a, the
term ‘‘military gas turbine engines’’ means
gas turbine engines ‘‘specially designed’’ for
‘‘end items’’ enumerated in USML Categories
VI, VII or VIII or on the CCL under ECCNs
0A606, 8A609 or 9A610.
b. Digital engine controls (e.g., Full
Authority Digital Engine Controls (FADEC)
and Digital Electronic Engine Controls
(DEEC)) ‘‘specially designed’’ for gas turbine
engines controlled in this ECCN 9A619.
c. If ‘‘specially designed’’ for gas turbine
engines controlled in 9A619.a, hot section
components (i.e., combustion chambers and
liners; high pressure turbine blades, vanes,
disks and related cooled structure; cooled
low pressure turbine blades, vanes, disks and
VerDate Sep<11>2014
19:24 Jun 02, 2020
Jkt 250001
related cooled structure; cooled augmenters;
and cooled nozzles);
d. If ‘‘specially designed’’ for gas turbine
engines controlled in 9A619.a, uncooled
turbine blades, vanes, disks, and tip shrouds;
e. If ‘‘specially designed’’ for gas turbine
engines controlled in 9A619.a, combustor
cowls, diffusers, domes, and shells;
f. Engine monitoring systems (i.e., those
that conduct prognostics, diagnostics, and
monitor health) ‘‘specially designed’’ for gas
turbine engines and components controlled
in this ECCN 9A619.
g. through w. [RESERVED]
x. Parts,’’ ‘‘components,’’ ‘‘accessories,’’
and ‘‘attachments’’ that are ‘‘specially
designed’’ for a commodity controlled by this
ECCN 9A619 (other than ECCN 9A619.c) or
for a defense article enumerated in USML
Category XIX and not specified elsewhere on
the USML or in ECCN 3A611.y, 9A610.y or
9A619.y.
Note to paragraph .x: ‘‘Parts,’’
‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ specified in USML
subcategory XIX(f) are subject to the controls
of that paragraph. ‘‘Parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments’’ specified
in ECCN 3A611.y, 9A610.y or 9A619.y are
subject to the controls of that paragraph.
y. Specific ‘‘parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially
designed’’ for a commodity subject to control
in this entry, ECCN 9A610, or for a defense
article in USML Category VIII or Category
XIX and not elsewhere specified on the
USML or in the CCL, and other commodities,
as follows, and ‘‘parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially
designed’’ therefor:
y.1. Oil tank and reservoirs;
y.2. Oil lines and tubes;
y.3. Fluid hoses, and lines (for a
commodity subject to control in this entry or
a defense article in USML Category XIX),
fittings, couplings, and brackets therefor;
y.4. Fluid filters and filter assemblies;
y.5. Clamps (for a commodity subject to
control in this entry or a defense article in
USML Category XIX);
y.6. Shims;
y.7. Identification plates and nameplates;
y.8. Fluid manifolds; and
y.9. Check valves for fluid systems.
34319
Country chart
(see Supp. No. 1 to
part 738)
Control(s)
RS applies to entire
entry except
9B619.y.
RS applies to
9B619.y.
AT applies to entire
entry.
UN applies to entire
entry except
9B619.y.
RS Column 1.
China, Russia, or
Venezuela (see
§ 742.6(a)(7)).
AT Column 1.
See § 746.1(b) for UN
controls.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: $1,500
GBS: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any item in ECCN 9B619.
List of Items Controlled
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).
Related Controls: USML Category XIX(f)(1)
controls ‘‘parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially
designed’’ for the engines described in
Category XIX(f)(1), but does not control the
commodities enumerated or otherwise
described in ECCN 9B619. USML Category
XIX(f)(2)–(11) controls other engine ‘‘parts,’’
‘‘components,’’ ‘‘accessories,’’ ‘‘attachments,’’
and ‘‘systems.’’
Related Definitions: N/A
Items:
a. Test, inspection, and production
‘‘equipment’’ ‘‘specially designed’’ for the
‘‘production,’’ ‘‘development,’’ operation,
installation, maintenance, repair, overhaul,
or refurbishing of commodities enumerated
or otherwise described in ECCN 9A619
(except for 9A619.y) or in USML Category
XIX, and ‘‘parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially
designed’’ therefor.
b. Equipment, cells, or stands ‘‘specially
designed’’ for testing, analysis and fault
isolation of engines, ‘‘systems,’’
‘‘components,’’ ‘‘parts,’’ ‘‘accessories,’’ and
‘‘attachments’’ enumerated or otherwise
described in ECCN 9A619 (except for
9A619.y) on the CCL or in Category XIX on
the USML.
c. through x. [Reserved]
y. Bearing pullers ‘‘specially designed’’ for
the ‘‘production’’ or ‘‘development’’ of
commodities enumerated or otherwise
described in ECCN 9A619 (except for
9A619.y) or USML Category XIX and ‘‘parts,’’
‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ ‘‘specially designed’’ therefor.
License Requirements
*
Reason for Control: NS, RS, AT, UN
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).
*
*
*
*
Control(s)
NS applies to entire
entry except
9B619.y.
PO 00000
Frm 00015
Fmt 4701
*
Country chart
(see Supp. No. 1 to
part 738)
NS Column 1.
*
*
*
*
License Requirements
Reason for Control: NS, RS, AT
Sfmt 4700
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Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Rules and Regulations
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.
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.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
TSR: N/A
lotter on DSK9F5VC42PROD with RULES2
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License
Exception STA (§ 740.20(c)(1) of the EAR)
may not be used for 9D515.b, .d, or .e. (2)
Paragraph (c)(2) of License Exception STA
(§ 740.20(c)(2) of the EAR) may not be used
for any ‘‘software’’ in 9D515.
List of Items Controlled
Related Controls: ‘‘Software’’ directly related
to articles enumerated in USML Category
XV is subject to the control of USML
paragraph XV(f). See also ECCNs 3D001,
6D001, 6D002, and 6D991 for controls of
specific software ‘‘specially designed’’ for
certain ‘‘space-qualified’’ items.
Related Definitions: N/A
Items:
a. ‘‘Software’’ (other than ‘‘software’’
controlled in paragraphs .b, .d, or .e of this
entry) ‘‘specially designed’’ for the
‘‘development,’’ ‘‘production,’’ operation,
installation, maintenance, repair, overhaul,
or refurbishing of commodities controlled by
ECCN 9A515 (except 9A515.d or .e) or
9B515.
b. ‘‘Source code’’ that:
b.1. Contains the algorithms or control
principles (e.g., for clock management),
precise orbit determination (e.g., for
ephemeris or pseudo range analysis), signal
construct (e.g., pseudo-random noise (PRN)
anti-spoofing) ‘‘specially designed’’ for items
controlled by ECCN 9A515;
b.2. Is ‘‘specially designed’’ for the
integration, operation, or control of items
controlled by ECCN 9A515;
b.3. Contains algorithms or modules
‘‘specially designed’’ for system, subsystem,
component, part, or accessory calibration,
manipulation, or control of items controlled
by ECCN 9A515;
b.4. Is ‘‘specially designed’’ for data
assemblage, extrapolation, or manipulation of
items controlled by ECCN 9A515;
b.5. Contains the algorithms or control
laws ‘‘specially designed’’ for attitude,
position, or flight control of items controlled
in ECCN 9A515; or
b.6. Is ‘‘specially designed ‘‘for built-in test
and diagnostics for items controlled by ECCN
9A515.
VerDate Sep<11>2014
c. [Reserved]
d. ‘‘Software’’ ‘‘specially designed’’ for the
‘‘development,’’ ‘‘production,’’ operation,
failure analysis or anomaly resolution of
commodities controlled by ECCN 9A515.d.
e. ‘‘Software’’ ‘‘specially designed’’ for the
‘‘development,’’ ‘‘production,’’ operation,
failure analysis or anomaly resolution of
commodities controlled by ECCN 9A515.e.
f. through x. [Reserved]
y. Specific ‘‘software’’ ‘‘specially designed’’
for the ‘‘development,’’ ‘‘production,’’
operation, or maintenance of commodities
enumerated in ECCN 9A515.y.
19:24 Jun 02, 2020
Jkt 250001
*
*
*
*
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
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.
Country chart
(see Supp. No. 1 to
part 738)
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.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
TSR: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License
Exception STA (§ 740.20(c)(1) of the EAR)
may not be used for 9D610.b. (2) Paragraph
(c)(2) of License Exception STA
(§ 740.20(c)(2) of the EAR) may not be used
for any software in 9D610.
List of Items Controlled
Related Controls: Software directly related to
articles enumerated or otherwise described
in USML Category VIII is subject to the
control of USML paragraph VIII(i).
Related Definitions: N/A
Items:
PO 00000
Frm 00016
Fmt 4701
Sfmt 4700
a. ‘‘Software’’ (other than software
controlled in paragraphs .b or .y of this entry)
‘‘specially designed’’ for the ‘‘development,’’
‘‘production,’’ operation, or maintenance of
commodities controlled by ECCN 9A610,
ECCN 9B610, or ECCN 9C610.
b. ‘‘Software’’ ‘‘specially designed’’ for the
‘‘development’’ or ‘‘production’’ of any of the
following:
b.1. Static structural members;
b.2. Exterior skins, removable fairings, nonremovable fairings, radomes, access doors
and panels, and in-flight opening doors;
b.3. Control surfaces, leading edges,
trailing edges, and leading edge flap seals;
b.4. Leading edge flap actuation system
commodities (i.e., power drive units, rotary
geared actuators, torque tubes, asymmetry
brakes, position sensors, and angle
gearboxes) ‘‘specially designed’’ for fighter,
attack, or bomber aircraft controlled in USML
Category VIII;
b.5. Engine inlets and ducting;
b.6. Fatigue life monitoring systems
‘‘specially designed’’ to relate actual usage to
the analytical or design spectrum and to
compute amount of fatigue life ‘‘specially
designed’’ for aircraft controlled by either
USML subcategory VIII(a) or ECCN 9A610.a,
except for Military Commercial Derivative
Aircraft;
b.7. Landing gear, and ‘‘parts’’ and
‘‘components’’ ‘‘specially designed’’ therefor,
‘‘specially designed’’ for use in aircraft
weighing more than 21,000 pounds
controlled by either USML subcategory
VIII(a) or ECCN 9A610.a, except for Military
Commercial Derivative Aircraft;
b.8. Conformal fuel tanks and ‘‘parts’’ and
‘‘components’’ ‘‘specially designed’’ therefor;
b.9. Electrical ‘‘equipment,’’ ‘‘parts,’’ and
‘‘components’’ ‘‘specially designed’’ for
electro-magnetic interference (EMI)—i.e.,
conducted emissions, radiated emissions,
conducted susceptibility and radiated
susceptibility—protection of aircraft that
conform to the requirements of MIL–STD–
461;
b.10. HOTAS (Hand-on Throttle and Stick)
controls, HOCAS (Hands on Collective and
Stick), Active Inceptor Systems (i.e., a
combination of Active Side Stick Control
Assembly, Active Throttle Quadrant
Assembly, and Inceptor Control Unit), rudder
pedal assemblies for digital flight control
systems, and parts and components
‘‘specially designed’’ therefor;
b.11. Integrated Vehicle Health
Management Systems (IVHMS), Condition
Based Maintenance (CBM) Systems, and
Flight Data Monitoring (FDM) systems;
b.12. Equipment ‘‘specially designed’’ for
system prognostic and health management of
aircraft;
b.13. Active Vibration Control Systems; or
b.14. Self-sealing fuel bladders ‘‘specially
designed’’ to pass a .50 caliber or larger
gunfire test (MIL–DTL–5578, MIL–DTL–
27422).
c. to x. [Reserved]
y. Specific ‘‘software’’ ‘‘specially designed’’
for the ‘‘development,’’ ‘‘production,’’
operation, or maintenance of commodities
enumerated in ECCN 9A610.y.
9D619 Software ‘‘specially designed’’ for
the ‘‘development,’’ ‘‘production,’’
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Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Rules and Regulations
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
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.
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.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
TSR: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License
Exception STA (§ 740.20(c)(1) of the EAR)
may not be used for 9D619.b. (2) Paragraph
(c)(2) of License Exception STA
(§ 740.20(c)(2) of the EAR) may not be used
for any software in ECCN 9D619.
lotter on DSK9F5VC42PROD with RULES2
List of Items Controlled
Related Controls: Software directly related to
articles enumerated or otherwise described
in USML Category XIX is subject to the
control of USML paragraph XIX(g).
Related Definitions: N/A
Items:
a. ‘‘Software’’ (other than software
controlled in paragraph .b of this entry)
‘‘specially designed’’ for the ‘‘development,’’
‘‘production,’’ operation, or maintenance of
commodities controlled by ECCN 9A619
(except 9A619.y), ECCN 9B619 (except
9B619.y), or ECCN 9C619.
b. ‘‘Software’’ ‘‘specially designed’’ for the
‘‘development’’ or ‘‘production’’ of any of the
following:
b.1. Front, turbine center, and exhaust
frames;
b.2. Low pressure compressor (i.e., fan)
‘‘components’’ and ‘‘parts’’ as follows: nose
cones, casings, blades, vanes, spools,
shrouds, blisks, shafts and disks;
b.3. High pressure compressor
‘‘components’’ and ‘‘parts’’ as follows:
casings, blades, vanes, spools, shrouds,
blisks, shafts, disks, and impellers;
b.4. Combustor ‘‘components’’ and ‘‘parts’’
as follows: casings, fuel nozzles, swirlers,
swirler cups, deswirlers, valve injectors,
igniters, diffusers, liners, chambers,
cowlings, domes and shells;
b.5. High pressure turbine ‘‘components’’
and ‘‘parts’’ as follows: casings, shafts, disks,
blades, vanes, nozzles, and tip shrouds;
VerDate Sep<11>2014
19:24 Jun 02, 2020
Jkt 250001
b.6. Low pressure turbine ‘‘components’’
and ‘‘parts’’ as follows: casings, shafts, disks,
blades, vanes, nozzles, and tip shrouds;
b.7. Augmentor ‘‘components’’ and ‘‘parts’’
as follows: casings, flame holders, spray bars,
pilot burners, augmentor fuel controls, flaps
(external, convergent, and divergent), guide
and syncronization rings, and flame detectors
and sensors;
b.8. Mechanical ‘‘components’’ and ‘‘parts’’
as follows: fuel metering units and fuel pump
metering units, valves (fuel throttle, main
metering, oil flow management), heat
exchangers (air/air, fuel/air, fuel/oil), debris
monitoring (inlet and exhaust), seals (carbon,
labyrinth, brush, balance piston, and knifeedge), permanent magnetic alternator and
generator, eddy current sensors;
b.9. Torquemeter assembly (i.e., housing,
shaft, reference shaft, and sleeve);
b.10. Digital engine control systems (e.g.,
Full Authority Digital Engine Controls
(FADEC) and Digital Electronic Engine
Controls (DEEC)) ‘‘specially designed’’ for gas
turbine engines controlled in this ECCN; or
b.11. Engine monitoring systems (i.e.,
prognostics, diagnostics, and health)
‘‘specially designed’’ for gas turbine engines
and components controlled in this ECCN.
c. to x. [RESERVED]
y. Specific ‘‘software’’ ‘‘specially designed’’
for the ‘‘development,’’ ‘‘production,’’
operation, or maintenance of commodities
enumerated in ECCN 9A619.y or 9B619.y.
*
*
*
*
*
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
Control(s)
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.
Country chart
(see Supp. No. 1 to
part 738)
NS Column 1.
MT Column 1.
RS Column 1.
China, Russia, or
Venezuela (see
§ 742.6(a)(7)).
AT Column 1.
License Requirement Note: The Commerce
Country Chart is not used for determining
license requirements for ‘‘technology’’
classified ECCN 9E515.f. See § 742.6(a)(9),
PO 00000
Frm 00017
Fmt 4701
Sfmt 4700
34321
which specifies that such ‘‘technology’’ is
subject to a worldwide license requirement.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
TSR: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License
Exception STA (§ 740.20(c)(1) of the EAR)
may not be used for ECCN 9E515.b, .d, .e,
or .f unless determined by BIS to be
eligible for License Exception STA in
accordance with § 740.20(g) (License
Exception STA eligibility requests for
certain 9x515 and ‘‘600 series’’ items). (2)
Paragraph (c)(2) of License Exception STA
(§ 740.20(c)(2) of the EAR) may not be used
for any ‘‘technology’’ in 9E515.
List of Items Controlled
Related Controls: Technical data directly
related to articles enumerated in USML
Category XV are subject to the control of
USML paragraph XV(f). See also ECCNs
3E001, 3E003, 6E001, and 6E002 for
specific ‘‘space-qualified’’ items. See
ECCNs 9E001 and 9E002 for technology for
the International Space Station, the James
Webb Space Telescope (JWST) and ‘‘parts,’’
‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ ‘‘specially designed’’
therefor. See USML category XV(f) for
controls on technical data and defense
services related to launch vehicle
integration.
Related Definitions: N/A
Items:
a. ‘‘Technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’ installation,
repair (including on-orbit anomaly resolution
and analysis beyond established procedures),
overhaul, or refurbishing of commodities
controlled by ECCN 9A515 (except
9A515.a.1, .a.2, .a.3, .a.4, .b, .d, .e, or .g),
ECCN 9B515, or ‘‘software’’ controlled by
ECCN 9D515.a.
b. ‘‘Technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’ failure
analysis or anomaly resolution of software
controlled by ECCN 9D515.b.
c. [Reserved]
d. ‘‘Technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’ operation,
failure analysis or anomaly resolution of
commodities controlled by ECCN 9A515.d.
e. ‘‘Technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’ failure
analysis or anomaly resolution of
commodities controlled by ECCN 9A515.e.
f. ‘‘Technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’ installation,
repair (including on-orbit anomaly resolution
and analysis beyond established procedures),
overhaul, or refurbishing of commodities
controlled by ECCN 9A515.a.1, .a.2, .a.3, .a.4,
or .g.
g. through x. [Reserved]
y. Specific ‘‘technology’’ ‘‘required’’ for the
‘‘production,’’ ‘‘development,’’ operation,
installation, maintenance, repair, overhaul,
or refurbishing of commodities or software
enumerated in ECCN 9A515.y or 9D515.y.
Note 1: [RESERVED]
Note 2: Activities and technology/technical
data directly related to or required for the
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spaceflight (e.g., sub-orbital, orbital, lunar,
interplanetary, or otherwise beyond Earth
orbit) passenger or participant experience,
regardless of whether the passenger or
participant experience is for space tourism,
scientific or commercial research,
commercial manufacturing/production
activities, educational, media, or commercial
transportation purposes, are not subject to
the ITAR or the EAR. Such activities and
technology/technical data include those
directly related to or required for:
(i) ‘‘Spacecraft’’ access, ingress, and egress,
including the operation of all ‘‘spacecraft’’
doors, hatches, and airlocks;
(ii) physiological training (e.g., humanrated centrifuge training or parabolic flights,
pressure suit or spacesuit training/
operation);
(iii) medical evaluation or assessment of
the spaceflight passenger or participant;
(iv) training for and operation by the
passenger or participant of health and safety
related hardware (e.g., seating,
environmental control and life support,
hygiene facilities, food preparation, exercise
equipment, fire suppression,
communications equipment, safety-related
clothing or headgear) or emergency
procedures;
(v) viewing of the interior and exterior of
the spacecraft or terrestrial mock-ups;
(vi) observing ‘‘spacecraft’’ operations (e.g.,
pre-flight checks, landing, in-flight status);
(vii) training in ‘‘spacecraft’’ or terrestrial
mock-ups for connecting to or operating
passenger or participant equipment used for
purposes other than operating the
‘‘spacecraft’’; or
(viii) donning, wearing or utilizing the
passenger’s or participant’s flight suit,
pressure suit or spacesuit, and personal
equipment.
*
*
*
*
*
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
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Control(s)
NS applies to entire
entry except
9E610.y.
RS applies to entire
entry except
9E610.y.
RS applies to
9E610.y.
VerDate Sep<11>2014
Country chart
(see Supp. No. 1 to
part 738)
NS Column 1.
RS Column 1.
China, Russia, or
Venezuela (see
§ 742.6(a)(7)).
19:24 Jun 02, 2020
Jkt 250001
Control(s)
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.
Country chart
(see Supp. No. 1 to
part 738)
MT Column 1.
AT Column 1.
See § 746.1(b) for UN
controls.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
TSR: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License
Exception STA (§ 740.20(c)(1) of the EAR)
may not be used for 9E610.b. (2) Paragraph
(c)(2) of License Exception STA
(§ 740.20(c)(2) of the EAR) may not be used
for any technology in 9E610.
List of Items Controlled
Related Controls: Technical data directly
related to articles enumerated or otherwise
described in USML Category VIII are
subject to the control of USML paragraph
VIII(i).
Related Definitions: N/A
Items:
a. ‘‘Technology’’ (other than technology
controlled by paragraphs .b or .y of this
entry) ‘‘required’’ for the ‘‘development,’’
‘‘production,’’ operation, installation,
maintenance, repair, overhaul, or
refurbishing of commodities or software
controlled by ECCN 9A610, 9B610, 9C610, or
9D610.
Note: ‘‘Build-to-print technology’’
‘‘required’’ for the ‘‘production’’ of items
described in paragraphs b.1 through b.15 of
this entry is classified under 9E610.a.
b. ‘‘Technology’’ (other than ‘‘build-toprint technology’’) ‘‘required’’ for the
‘‘development’’ or ‘‘production’’ of any of the
following:
b.1. Static structural members;
b.2. Exterior skins, removable fairings, nonremovable fairings, radomes, access doors
and panels, and in-flight opening doors;
b.3. Control surfaces, leading edges,
trailing edges, and leading edge flap seals;
b.4. Leading edge flap actuation system
commodities (i.e., power drive units, rotary
geared actuators, torque tubes, asymmetry
brakes, position sensors, and angle
gearboxes) ‘‘specially designed’’ for fighter,
attack, or bomber aircraft controlled in USML
Category VIII;
b.5. Engine inlets and ducting;
b.6. Fatigue life monitoring systems
‘‘specially designed’’ to relate actual usage to
PO 00000
Frm 00018
Fmt 4701
Sfmt 4700
the analytical or design spectrum and to
compute amount of fatigue life ‘‘specially
designed’’ for aircraft controlled by either
USML subcategory VIII(a) or ECCN 9A610.a,
except for Military Commercial Derivative
Aircraft;
b.7. Landing gear, and ‘‘parts’’ and
‘‘components’’ ‘‘specially designed’’ therefor,
‘‘specially designed’’ for use in aircraft
weighing more than 21,000 pounds
controlled by either USML subcategory
VIII(a) or ECCN 9A610.a, except for Military
Commercial Derivative Aircraft;
b.8. Conformal fuel tanks and ‘‘parts’’ and
‘‘components’’ ‘‘specially designed’’ therefor;
b.9. Electrical ‘‘equipment,’’ ‘‘parts,’’ and
‘‘components’’ ‘‘specially designed’’ for
electro-magnetic interference (EMI)—i.e.,
conducted emissions, radiated emissions,
conducted susceptibility and radiated
susceptibility—protection of aircraft that
conform to the requirements of MIL–STD–
461;
b.10. HOTAS (Hand-on Throttle and Stick)
controls, HOCAS (Hands on Collective and
Stick), Active Inceptor Systems (i.e., a
combination of Active Side Stick Control
Assembly, Active Throttle Quadrant
Assembly, and Inceptor Control Unit), rudder
pedal assemblies for digital flight control
systems, and parts and components
‘‘specially designed’’ therefor;
b.11. Integrated Vehicle Health
Management Systems (IVHMS), Condition
Based Maintenance (CBM) Systems, and
Flight Data Monitoring (FDM) systems;
b.12. Equipment ‘‘specially designed’’ for
system prognostic and health management of
aircraft;
b.13. Active Vibration Control Systems;
b.14. Self-sealing fuel bladders ‘‘specially
designed’’ to pass a .50 caliber or larger
gunfire test (MIL–DTL–5578, MIL–DTL–
27422); or
b.15. Technology ‘‘required’’ for the
‘‘development’’ or ‘‘production’’ of ‘‘parts’’ or
‘‘components’’ controlled in 9A610.x and
‘‘specially designed’’ for damage or failureadaptive flight control systems controlled in
Category VIII(h)(7) of the USML.
c. through x. [Reserved]
y. Specific ‘‘technology’’ ‘‘required’’ for the
‘‘production,’’ ‘‘development,’’ operation,
installation, maintenance, repair, overhaul,
or refurbishing of commodities or software
enumerated in ECCN 9A610.y or 9D610.y.
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
Control(s)
NS applies to entire
entry except
9E619.y.
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Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Rules and Regulations
Control(s)
RS applies to entire
entry except
9E619.y.
RS applies to
9E619.y.
AT applies to entire
entry.
UN applies to entire
entry except
9E619.y.
Country chart
(see Supp. No. 1 to
part 738)
RS Column 1.
China, Russia, or
Venezuela (see
§ 742.6(a)(7)).
AT Column 1.
See § 746.1(b)
for UN controls.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
TSR: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License
Exception STA (§ 740.20(c)(1) of the EAR)
may not be used for 9E619.b. or .c. (2)
Paragraph (c)(2) of License Exception STA
(§ 740.20(c)(2) of the EAR) may not be used
for any technology in ECCN 9E619.
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List of Items Controlled
Related Controls: Technical data directly
related to articles enumerated or otherwise
described in USML Category XIX are
subject to the control of USML Category
XIX(g).
Related Definitions: N/A
Items:
a. ‘‘Technology’’ (other than ‘‘technology’’
controlled by paragraphs .b and .c of this
entry) ‘‘required’’ for the ‘‘development,’’
‘‘production,’’ operation, installation,
maintenance, repair, overhaul, or
refurbishment of items controlled by ECCN
9A619 (except 9A619.y), ECCN 9B619
(except 9B619.y), ECCN 9C619, or ECCN
9D619 (except 9D619.y).
VerDate Sep<11>2014
19:24 Jun 02, 2020
Jkt 250001
Note: ‘‘Build-to-print technology’’
‘‘required’’ for the ‘‘production’’ of items
described in paragraphs b.1 through b.10 of
this entry is classified under 9E619.a.
b. ‘‘Technology’’ (other than ‘‘build-toprint technology’’) ‘‘required’’ for the
‘‘development’’ or ‘‘production’’ of any of the
following:
b.1. Front, turbine center, and exhaust
frames;
b.2. Low pressure compressor (i.e., fan)
‘‘components’’ and ‘‘parts’’ as follows: Nose
cones and casings;
b.3. High pressure compressor
‘‘components’’ and ‘‘parts’’ as follows:
Casings;
b.4. Combustor ‘‘components’’ and ‘‘parts’’
as follows: Casings, fuel nozzles, swirlers,
swirler cups, deswirlers, valve injectors, and
igniters;
b.5. High pressure turbine ‘‘components’’
and ‘‘parts’’ as follows: Casings
b.6. Low pressure turbine ‘‘components’’
and ‘‘parts’’ as follows: Casings;
b.7. Augmentor ‘‘components’’ and ‘‘parts’’
as follows: Casings, flame holders, spray bars,
pilot burners, augmentor fuel controls, flaps
(external, convergent, and divergent), guide
and syncronization rings, and flame detectors
and sensors;
b.8. Mechanical ‘‘components’’ and ‘‘parts’’
as follows: Fuel metering units and fuel
pump metering units, valves (fuel throttle,
main metering, oil flow management), heat
exchangers (air/air, fuel/air, fuel/oil), debris
monitoring (inlet and exhaust), seals (carbon,
labyrinth, brush, balance piston, and ‘‘knifeedge’’), permanent magnetic alternator and
generator, eddy current sensors;
b.9. Torquemeter assembly (i.e., housing,
shaft, reference shaft, and sleeve); or
b.10. Materials controlled by ECCN
9C619.b.
PO 00000
Frm 00019
Fmt 4701
Sfmt 9990
34323
c. ‘‘Technology’’ ‘‘required’’ for the
‘‘development’’ or ‘‘production’’ of any of the
following:
c.1. Low pressure compressor (i.e., fan)
‘‘components’’ and ‘‘parts’’ as follows:
blades, vanes, spools, shrouds, blisks, shafts
and disks;
c.2. High pressure compressor
‘‘components’’ and ‘‘parts’’ as follows:
blades, vanes, spools, shrouds, blisks, shafts,
disks, and impellers;
c.3. Combustor ‘‘components’’ and ‘‘parts’’
as follows: diffusers, liners, chambers,
cowlings, domes and shells;
c.4. High pressure turbine ‘‘components’’
and ‘‘parts’’ as follows: shafts and disks,
blades, vanes, nozzles, tip shrouds;
c.5. Low pressure turbine ‘‘components’’
and ‘‘parts’’ as follows: shafts and disks,
blades, vanes, nozzles, tip shrouds;
c.6. Digital engine control systems (e.g.,
Full Authority Digital Engine Controls
(FADEC) and Digital Electronic Engine
Controls (DEEC)) ‘‘specially designed’’ for gas
turbine engines controlled in this ECCN; or
c.7. Engine monitoring systems (i.e.,
prognostics, diagnostics, and health)
‘‘specially designed’’ for gas turbine engines
and components controlled in this ECCN.
d. through x. [Reserved]
y. Specific ‘‘technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’ operation,
installation, maintenance, repair, overhaul,
or refurbishment of commodities controlled
by 9A619.y or 9B619.y, or ‘‘software’’
controlled by ECCN 9D619.y.
Dated: May 1, 2020.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2020–09717 Filed 6–2–20; 8:45 am]
BILLING CODE 3510–33–P
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]]>Agencies
[Federal Register Volume 85, Number 107 (Wednesday, June 3, 2020)]
[Rules and Regulations]
[Pages 34306-34323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09717]
[[Page 34305]]
Vol. 85
Wednesday,
No. 107
June 3, 2020
Part II
Department of Commerce
-----------------------------------------------------------------------
Bureau of Industry and Security
-----------------------------------------------------------------------
15 CFR Part 774
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; Correction; Final Rule
Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Rules
and Regulations
[[Page 34306]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 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; Correction
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS) is correcting the
formatting of a final rule that appeared in the Federal Register of
April 28, 2020 (here and after referred to as the April 28 rule), which
becomes effective on June 29, 2020. The April 28 rule amends 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 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. This correction publishes the full text of each revised Export
Control Classification Number on the Commerce Control List.
DATES: This correction 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
The April 28 rule (85 FR 23460) revised portions of Export Control
Classification Numbers (ECCNs) on the Commerce Control List (CCL)
(Supplement No. 1 to part 774).
Need for Correction
The April 28 rule published only the revised portions of each ECCN;
this correction publishes each revised ECCN in full. Therefore, FR Rule
Doc. No. 2020-07241, published in the April 28, 2020, issue of the
Federal Register, beginning on page 23460, is corrected as follows:
Supplement No. 1 to Part 774--[Corrected]
0
1. On page 23465, in the third column, instruction 16 and its
corresponding amendment text are corrected to read as follows:
0
16. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 0, ECCNs 0A521, 0B521, 0C521, 0D521, and 0E521 are revised to
read as follows:
0A521 Any commodity subject to the EAR that is not listed elsewhere
in the CCL, but which is controlled for export because it provides
at least a significant military or intelligence advantage to the
United States or for foreign policy reasons.
0A521 commodities are subject to RS1 controls with no license
exception eligibility other than License Exception GOV for U.S.
Government personnel and agencies under Sec. 740.11(b)(2)(ii) of
the EAR, or an item-specific license exception identified in
Supplement No. 5 to part 774 particular to an item covered under
ECCN 0A521. The list of commodities determined to be classified
under ECCN 0A521 controls is published in Supplement No. 5 to part
774. The license requirements and licensing policy relating to ECCN
0A521 are set forth in Sec. 742.6(a)(8) of the EAR.
* * * * *
0B521 Any commodity subject to the EAR that is not listed elsewhere
in the CCL, but which is controlled for export because it provides
at least a significant military or intelligence advantage to the
United States or for foreign policy reasons.
0B521 commodities are subject to RS1 controls with no license
exception eligibility other than License Exception GOV for U.S.
Government personnel and agencies under Sec. 740.11(b)(2)(ii) of
the EAR, or an item-specific license exception identified in
Supplement No. 5 to part 774 particular to an item covered under
ECCN 0B521. The list of commodities determined to be classified
under ECCN 0B521 controls is published in Supplement No. 5 to part
774. The license requirements and licensing policy relating to ECCN
0B521 are set forth in Sec. 742.6(a)(8) of the EAR.
* * * * *
0C521 Any material subject to the EAR that is not listed elsewhere
in the CCL, but which is controlled for export because it provides
at least a significant military or intelligence advantage to the
United States or for foreign policy reasons.
0C521 materials are subject to RS1 controls with no license
exception eligibility other than License Exception GOV for U.S.
Government personnel and agencies under Sec. 740.11(b)(2)(ii) of
the EAR, or an item-specific license exception identified in
Supplement No. 5 to part 774 particular to an item covered under
ECCN 0C521. The list of materials determined to be classified under
ECCN 0C521 controls is published in Supplement No. 5 to part 774.
The license requirements and licensing policy relating to ECCN 0C521
are set forth in Sec. 742.6(a)(8) of the EAR.
* * * * *
0D521 Any software subject to the EAR that is not listed elsewhere
in the CCL, but which is controlled for export because it provides
at least a significant military or intelligence advantage to the
United States or for foreign policy reasons.
0D521 software is subject to RS1 controls with no license
exception eligibility other than License Exception GOV for U.S.
Government personnel and agencies under Sec. 740.11(b)(2)(ii) of
the EAR, or an item-specific license exception identified in
Supplement No. 5 to part 774 particular to an item covered under
ECCN 0D521. The list of software determined to be classified under
ECCN 0D521 controls is published in Supplement No. 5 to part 774.
The license requirements and licensing policy relating to ECCN 0D521
are set forth in Sec. 742.6(a)(8) of the EAR.
* * * * *
0E521 Any technology subject to the EAR that is not listed elsewhere
in the CCL, but which is controlled for export because it provides
at least a significant military or intelligence advantage to the
United States or for foreign policy reasons.
0E521 technology is subject to RS1 controls with no license
exception eligibility other than License Exception GOV for U.S.
Government personnel and agencies under Sec. 740.11(b)(2)(ii) of
the EAR, or an item-specific license exception identified in
Supplement No. 5 to part 774 particular to an item covered under
ECCN 0E521. The list of technologies determined to be classified
under ECCN 0E521 controls is published in Supplement No. 5 to part
774. The license requirements and licensing policy relating to ECCN
0E521 are set forth in Sec. 742.6(a)(8) of the EAR.
* * * * *
0
2. On page 23465, in the third column, instruction 17 and its
corresponding amendment text are corrected to read as follows:
0
17. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 0, ECCNs 0A606, 0A617, 0D606, 0D617, 0E606, and 0E617 are
revised to read as follows:
[[Page 34307]]
0A606 Ground vehicles 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 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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: $1,500
GBS: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for any item in 0A606.a,
unless determined by BIS to be eligible for License Exception STA in
accordance with Sec. 740.20(g) (License Exception STA eligibility
requests for 9x515 and ``600 series'' items). (2) Paragraph (c)(2)
of License Exception STA (Sec. 740.20(c)(2) of the EAR) may not be
used for any item in 0A606.
List of Items Controlled
Related Controls: (1) The ground vehicles, other articles,
technical data (including software) and services described in 22 CFR
part 121, Category VII are subject to the jurisdiction of the
International Traffic in Arms Regulations. (2) See ECCN 0A919 for
foreign-made ``military commodities'' that incorporate more than a
de minimis amount of U.S.-origin ``600 series'' controlled content.
Related Definitions: N/A
Items:
a. Ground vehicles, whether manned or unmanned, ``specially
designed'' for a military use and not enumerated or otherwise
described in USML Category VII.
Note 1 to paragraph a: For purposes of paragraph .a, ``ground
vehicles'' include (i) tanks and armored vehicles manufactured prior
to 1956 that have not been modified since 1955 and that do not
contain a functional weapon or a weapon capable of becoming
functional through repair; (ii) military railway trains except those
that are armed or are ``specially designed'' to launch missiles;
(iii) unarmored military recovery and other support vehicles; (iv)
unarmored, unarmed vehicles with mounts or hard points for firearms
of .50 caliber or less; and (v) trailers ``specially designed'' for
use with other ground vehicles enumerated in USML Category VII or
ECCN 0A606.a, and not separately enumerated or otherwise described
in USML Category VII. For purposes of this note, the term
``modified'' does not include incorporation of safety features
required by law, cosmetic changes (e.g., different paint or
repositioning of bolt holes) or addition of ``parts'' or
``components'' available prior to 1956.
Note 2 to paragraph .a: A ground vehicle's being ``specially
designed'' for military use for purposes of determining controls
under paragraph .a. entails a structural, electrical or mechanical
feature involving one or more ``components'' that are ``specially
designed'' for military use. Such ``components'' include:
a. Pneumatic tire casings of a kind ``specially designed'' to be
bullet-proof;
b. Armored protection of vital ``parts'' (e.g., fuel tanks or
vehicle cabs);
c. Special reinforcements or mountings for weapons;
d. Black-out lighting.
b. Other ground vehicles, ``parts'' and ``components,'' as
follows:
b.1. Unarmed vehicles that are derived from civilian vehicles
and that have all of the following:
b.1.a. Manufactured or fitted with materials or ``components''
other than reactive or electromagnetic armor to provide ballistic
protection to level III (National Institute of Justice standard
0108.01, September 1985) or better;
b.1.b. A transmission to provide drive to both front and rear
wheels simultaneously, including those vehicles having additional
wheels for load bearing purposes whether driven or not;
b.1.c. Gross vehicle weight rating (GVWR) greater than 4,500 kg;
and
b.1.d. Designed or modified for off-road use.
b.2. ``Parts'' and ``components'' having all of the following:
b.2.a. ``Specially designed'' for vehicles specified in
paragraph .b.1 of this entry; and
b.2.b. Providing ballistic protection to level III (National
Institute of Justice standard 0108.01, September 1985) or better.
Note 1 to paragraph b: Ground vehicles otherwise controlled by
0A606.b.1 that contain reactive or electromagnetic armor are subject
to the controls of USML Category VII.
Note 2 to paragraph b: ECCN 0A606.b.1 does not control civilian
vehicles ``specially designed'' for transporting money or valuables.
Note 3 to paragraph b: ``Unarmed'' means not having installed
weapons, installed mountings for weapons, or special reinforcements
for mounts for weapons.
c. Air-cooled diesel engines and engine blocks for armored
vehicles that weigh more than 40 tons.
d. Fully automatic continuously variable transmissions for
tracked combat vehicles.
e. Deep water fording kits ``specially designed'' for ground
vehicles controlled by ECCN 0A606.a or USML Category VII.
f. Self-launching bridge ``components'' not enumerated in USML
Category VII(g) ``specially designed'' for deployment by ground
vehicles enumerated in USML Category VII or this ECCN.
g. through w. [Reserved]
x. ``Parts,'' ``components,'' ``accessories,'' and
``attachments'' that are ``specially designed'' for a commodity
enumerated or otherwise described in ECCN 0A606 (other than 0A606.b
or 0A606.y) or a defense article enumerated in USML Category VII and
not elsewhere specified on the USML or in 0A606.y.
Note 1: Forgings, castings, and other unfinished products, such
as extrusions and machined bodies, that have reached a stage in
manufacture where they are clearly identifiable by mechanical
properties, material composition, geometry, or function as
commodities controlled by ECCN 0A606.x are controlled by ECCN
0A606.x.
Note 2: ``Parts,'' ``components,'' ``accessories'' and
``attachments'' enumerated in USML paragraph VII(g) are subject to
the controls of that paragraph. ``Parts,'' ``components,''
``accessories'' and ``attachments'' described in ECCN 0A606.y are
subject to the controls of that paragraph.
y. Specific ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' for a commodity enumerated or
otherwise described in this ECCN (other than ECCN 0A606.b) or for a
defense article in USML Category VII and not elsewhere specified on
the USML or the CCL, as follows, and ``parts,'' ``components,''
``accessories,'' and ``attachments'' ``specially designed''
therefor:
y.1. Brake discs, rotors, drums, calipers, cylinders, pads,
shoes, lines, hoses, vacuum boosters, and parts therefor;
y.2. Alternators and generators;
y.3. Axles;
y.4. Batteries;
y.5. Bearings (e.g., ball, roller, wheel);
y.6. Cables, cable assembles, and connectors;
y.7. Cooling system hoses;
y.8. Hydraulic, fuel, oil, and air filters, other than those
controlled by ECCN 1A004;
y.9. Gaskets and o-rings;
y.10. Hydraulic system hoses, fittings, couplings, adapters, and
valves;
y.11. Latches and hinges;
y.12. Lighting systems, fuses, and ``components;''
y.13. Pneumatic hoses, fittings, adapters, couplings, and
valves;
y.14. Seats, seat assemblies, seat supports, and harnesses;
y.15. Tires, except run flat; and
y.16. Windows, except those for armored vehicles.
* * * * *
0A617 Miscellaneous ``equipment,'' materials, and related
commodities (see List of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
[[Page 34308]]
Country chart (see Supp.
Control(s) No. 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.
UN applies to entire entry, except 0A617.y See Sec. 764.1(b) for UN
controls.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: $1,500
GBS: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2)
of the EAR) may not be used for any item in 0A617.
List of Items Controlled
Related Controls: (1) Defense articles, such as materials made from
classified information, that are controlled by USML Category XIII,
and technical data (including software) directly related thereto,
are subject to the ITAR. (2) See ECCN 0A919 for foreign-made
``military commodities'' that incorporate more than a de minimis
amount of U.S.-origin ``600 series'' controlled content. (3) For
controls on self-contained diving and underwater swimming apparatus
and related commodities, see ECCN 8A620.f. (4) For controls on
robots, robot controllers, and robot end-effectors, see USML
Category VII and ECCNs 0A606 and 2B007. (5) ``Libraries,'' i.e.,
parametric technical databases, ``specially designed'' for military
use with equipment controlled by the USML or a ``600 series'' ECCN
are controlled by the technical data and technology controls
pertaining to such items. (6) For controls on nuclear power
generating equipment or propulsion equipment, including ``nuclear
reactors,'' ``specially designed'' for military use, and ``parts''
and ``components'' ``specially designed'' therefor, see USML
Categories VI, XIII, XV, and XX. (7) Simulators ``specially
designed'' for military ``nuclear reactors'' are controlled by USML
Category IX(b). (8) See USML Categories X, XI and XII for ``laser''
protection equipment (e.g., eye and sensor protection) ``specially
designed'' for military use. (9) ``Fuel cells'' ``specially
designed'' for a defense article on the USML or a commodity
controlled by a ``600 series'' ECCN are controlled according to the
corresponding ``600 series'' ECCN for such end items. (10) See USML
Category XV for controls on fuel cells ``specially designed'' for
satellite or spacecraft.
Related Definitions: N/A
Items:
a. [Reserved]
b. Concealment and deception equipment ``specially designed''
for military application, including special paints, decoys, smoke or
obscuration equipment and simulators, and ``parts,'' ``components,''
``accessories,'' and ``attachments'' ``specially designed''
therefor, not controlled by USML Category XIII.
c. Ferries, bridges (other than those described in ECCN 0A606 or
USML Category VII), and pontoons, ``specially designed'' for
military use.
d. Test models ``specially designed'' for the ``development'' of
defense articles controlled by USML Categories IV, VI, VII and VIII.
e. [Reserved]
f. ``Metal embrittlement agents.''
g. through x. [Reserved]
y. Other commodities as follows, and ``parts,'' ``components,''
``accessories,'' and ``attachments'' ``specially designed''
therefor:
y.1. Construction equipment ``specially designed'' for military
use, including such equipment ``specially designed'' for transport
in aircraft controlled by USML VIII(a) or ECCN 9A610.a.
y.2. ``Parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' for commodities in paragraph
.y.1 of this entry, including crew protection kits used as
protective cabs.
y.3. ISO intermodal containers or demountable vehicle bodies
(i.e., swap bodies), n.e.s., ``specially designed'' or `modified'
for shipping or packing defense articles or items controlled by a
``600 series'' ECCN.
Technical Note:
For the purpose of 0A617.y.3, `modified' means any structural,
electrical, mechanical, or other change that provides a non-military
item with military capabilities equivalent to an item which is
``specially designed'' for military use.
y.4. Field generators ``specially designed'' for military use.
y.5. Power controlled searchlights and control units therefor,
``specially designed'' for military use, and ``equipment'' mounting
such units.
* * * * *
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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
TSR: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2)
of the EAR) may not be used for any software in 0D606.
List of Items Controlled
Related Controls: (1) Software directly related to articles
enumerated or otherwise described in USML Category VII are subject
to the controls of USML paragraph VII(h). (2) See ECCN 0A919 for
foreign made ``military commodities'' that incorporate more than a
de minimis amount of U.S.-origin ``600 series'' controlled content.
Related Definitions: N/A
Items:
a. ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by ECCNs 0A606 (except for ECCNs 0A606.b or 0A606.y), 0B606, or
0C606.
b. through x. [Reserved]
y. ``Specific software'' ``specially designed'' for the
``production,'' ``development,'' operation, or maintenance of
commodities described in ECCN 0A606.y.
* * * * *
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 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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
TSR: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2)
of the EAR) may not be used for any software in 0D606.
[[Page 34309]]
List of Items Controlled
Related Controls: (1) Software directly related to articles
enumerated or otherwise described in USML Category VII are subject
to the controls of USML paragraph VII(h). (2) See ECCN 0A919 for
foreign made ``military commodities'' that incorporate more than a
de minimis amount of U.S.-origin ``600 series'' controlled content.
Related Definitions: N/A
Items:
a. ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by ECCNs 0A606 (except for ECCNs 0A606.b or 0A606.y), 0B606, or
0C606.
b. through x. [Reserved]
y. ``Specific software'' ``specially designed'' for the
``production,'' ``development,'' operation, or maintenance of
commodities described in ECCN 0A606.y.
* * * * *
0E606 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbushing 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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
TSR: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2)
of the EAR) may not be used for any technology in 0D606.
List of Items Controlled
Related Controls: Technical data directly related to articles
enumerated in USML Category VII are subject to the controls of USML
paragraph VII(h).
Related Definitions: N/A
Items:
a. ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities enumerated or otherwise
described in ECCN 0A606 (except for ECCNs 0A606.b or 0A606.y),
0B606, or 0C606.
b. through x. [Reserved]
y. Specific ``technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul or refurbishing of commodities or software in ECCN 0A606.y
or 0D606.y.
* * * * *
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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
TSR: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2)
of the EAR) may not be used for any technology in 0E617.
List of Items Controlled
Related Controls: Technical data directly related to articles
controlled by USML Category XIII are subject to the control of USML
paragraph XIII(l).
Related Definitions: N/A
Items:
a. ``Technology'' (other than ``technology'' controlled by
paragraph .y of this entry) ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities or ``software'' controlled
by ECCN 0A617 (except 0A617.y), 0B617, 0C617, or 0D617 (except
0D617.y).
b. through x. [Reserved].
y. Specific ``technology'' ``required'' for the ``production,''
``development,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities controlled by ECCN 0A617.y
or ``software'' controlled by 0D617.y.
* * * * *
0
3. On page 23466, in the second column, instruction 18 and its
corresponding amendment text are corrected to read as follows:
0
18. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, 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 to 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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: $1,500
GBS: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2)
of the EAR) may not be used for any item in 1A613.
List of Items Controlled
Related Controls: (1) Defense articles, such as materials made from
classified information, that are controlled by USML Category X or
XIII of the ITAR, and technical data (including software) directly
related thereto, are ``subject to the ITAR.'' (2) See ECCN 0A919 for
foreign-made ``military commodities'' that incorporate more than a
de minimis amount of US-origin ``600 series'' controlled content.
(3) See ECCN 9A610.g for anti-gravity suits (``G-suits'') and
pressure suits capable of operating at altitudes higher than 55,000
feet above sea level.
Related Definitions: References to ``NIJ Type'' protection are to
the National Institute of Justice Classification guide at NIJ
Standard 0101.06, Ballistic Resistance of Body Armor, and NIJ
Standard 0108.01, Ballistic Resistant Protective Materials.
Items:
a. Metallic or non-metallic armored plate ``specially designed''
for military use and not controlled by the USML.
Note to paragraph a: For controls on body armor plates, see ECCN
1A613.d.2 and USML Category X(a)(1).
b. Shelters ``specially designed'' to:
b.1. Provide ballistic protection for military systems; or
b.2. Protect against nuclear, biological, or chemical
contamination.
c. Military helmets (other than helmets controlled under
1A613.y.1) providing less
[[Page 34310]]
than NIJ Type IV protection and ``specially designed'' helmet
shells, liners, or comfort pads therefor.
Note 1: See ECCN 0A979 for controls on police helmets.
Note 2: See USML Category X(a)(5) and (a)(6) for controls on
other military helmets.
d. Body armor and protective garments, as follows:
d.1. Soft body armor and protective garments manufactured to
military standards or specifications, or to their equivalents, that
provide ballistic protection equal to or less than NIJ level III
(NIJ 0101.06, July 2008); or
Note: For 1A613.d.1, military standards or specifications
include, at a minimum, specifications for fragmentation protection.
d.2. Hard body armor plates that provide ballistic protection
equal to NIJ level III (NIJ 0101.06, July 2008) or national
equivalents.
Note: See ECCN 1A005 for controls on soft body armor not
manufactured to military standards or specifications and hard body
armor plates providing less than NIJ level III protection. For body
armor providing NIJ Type IV protection or greater, see USML Category
X(a)(1).
e. Atmospheric diving suits ``specially designed'' for rescue
operations for submarines controlled by the USML or the CCL.
f. Other personal protective ``equipment'' ``specially
designed'' for military applications not controlled by the USML, not
elsewhere controlled on the CCL.
g. to w. [Reserved]
x. ``Parts,'' ``components,'' ``accessories,'' and
``attachments'' that are ``specially designed'' for a commodity
controlled by ECCN 1A613 (except for 1A613.y) or an article
enumerated in USML Category X, and not controlled elsewhere in the
USML.
Note: Forgings, castings, and other unfinished products, such as
extrusions and machined bodies, that have reached a stage in
manufacturing where they are clearly identifiable by mechanical
properties, material composition, geometry, or function as
commodities controlled by ECCN 1A613.x are controlled by ECCN
1A613.x.
y. Other commodities as follows:
y.1 Conventional military steel helmets.
N.B. to paragraph y.1: For other military helmet ``components''
or ``accessories,'' see the relevant ECCN in the CCL or USML Entry.
y.2 [Reserved]
* * * * *
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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
TSR: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2)
of the EAR) may not be used for any ``software'' in 1D613.
List of Items Controlled
Related Controls: (1) ``Software'' directly related to articles
controlled by USML Category X is subject to the control of USML
paragraph X(e) of the ITAR. (2) See ECCN 0A919 for foreign-made
``military commodities'' that incorporate more than a de minimis
amount of US-origin ``600 series'' controlled content.
Related Definitions: N/A
Items:
a. ``Software'' (other than ``software'' controlled in paragraph
.y of this entry) ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by ECCNs 1A613 (except 1A613.y) or 1B613 (except 1B613.y).
b. to x. [Reserved]
y. Specific ``software'' ``specially designed'' for the
``production,'' ``development,'' operation, or maintenance of
commodities controlled by ECCN 1A613.y.
* * * * *
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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
TSR: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2)
of the EAR) may not be used for any ``technology'' in 1E613.
List of Items Controlled
Related Controls: Technical data directly related to articles
controlled by USML Category X are subject to the control of USML
paragraph X(e) of the ITAR.
Related Definitions: N/A
Items:
a. ``Technology'' (other than ``technology'' controlled by
paragraph .y of this entry) ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities or ``software'' controlled
by ECCNs 1A613 (except 1A613.y), 1B613 or 1D613 (except 1D613.y).
b. through x. [Reserved]
y. Specific ``technology'' ``required'' for the ``production,''
``development,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities or software controlled by
ECCN 1A613.y or 1D613.y.
* * * * *
0
4. On page 23467, in the first column, instruction 19 and its
corresponding amendment text are corrected to read as follows:
0
19. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3, ECCNs 3A611, 3D611, and 3E611 are revised to read as
follows:
3A611 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 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.
[[Page 34311]]
List Based License Exceptions (see Part 740 for a Description of All
License Exceptions)
LVS: $1,500 for 3A611.a, .d through .h and .x; N/A for ECCN 3A611.c.
GBS: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2)
of the EAR) may not be used for any item in 3A611.
List of Items Controlled
Related Controls: (1) Electronic items that are enumerated in USML
Category XI or other USML categories, and technical data (including
software) directly related thereto, are subject to the ITAR. (2)
Application specific integrated circuits (ASICs) and programmable
logic devices (PLD) that are programmed for defense articles that
are subject to the ITAR are controlled in USML Category XI(c)(1).
(3) See ECCN 3A001.a.7 for controls on unprogrammed programmable
logic devices (PLD). (4) Printed circuit boards and populated
circuit cards with a layout that is ``specially designed'' for
defense articles are controlled in USML Category XI(c)(2). (5)
Multichip modules for which the pattern or layout is ``specially
designed'' for defense articles are controlled in USML Category
XI(c)(3). (6) Electronic items ``specially designed'' for military
application that are not controlled in any USML category but are
within the scope of another ``600 series'' ECCN or a 9x515 ECCN are
controlled by that ``600 series'' ECCN or 9x515 ECCN. For example,
electronic components not enumerated on the USML or a ``600 series''
other than 3A611 that are ``specially designed'' for a military
aircraft controlled by USML Category VIII or ECCN 9A610 are
controlled by the catch-all control in ECCN 9A610.x. Electronic
components not enumerated on the USML or another ``600 series''
entry that are ``specially designed'' for a military vehicle
controlled by USML Category VII or ECCN 0A606 are controlled by ECCN
0A606.x. Electronic components not enumerated on the USML that are
``specially designed'' for a missile controlled by USML Category IV
are controlled by ECCN 9A604.(7) Certain radiation-hardened
microelectronic circuits are controlled by ECCN 9A515.d or 9A515.e,
when ``specially designed'' for defense articles, ``600 series''
items, or items controlled by 9A515.
Related Definitions: N/A
Items:
a. Electronic ``equipment,'' ``end items,'' and ``systems''
``specially designed'' for a military application that are not
enumerated or otherwise described in either a USML category or
another ``600 series'' ECCN.
Note to 3A611.a: ECCN 3A611.a includes any radar,
telecommunications, acoustic or computer equipment, end items, or
systems ``specially designed'' for military application that are not
enumerated or otherwise described in any USML category or controlled
by another ``600 series'' ECCN.
b. [Reserved]
c. [Reserved]
d. [Reserved]
e. High frequency (HF) surface wave radar that maintains the
positional state of maritime surface or low altitude airborne
objects of interest in a received radar signal through time.
Note to 3A611.e: ECCN 3A611.e does not apply to systems,
equipment, and assemblies ``specially designed'' for marine traffic
control.
f. Application specific integrated circuits (ASICs) and
programmable logic devices (PLD) that are not controlled by
paragraph .y of this entry and that are programmed for ``600
series'' items.
Note to paragraph .f: In this paragraph, the term `application
specific integrated circuit' means an integrated circuit developed
and produced for a specific application or function regardless of
number of customers for which the integrated circuit is developed or
produced.
g. Printed circuit boards and populated circuit card assemblies
that are not controlled by paragraph .y of this entry and for which
the layout is ``specially designed'' for ``600 series'' items.
h. Multichip modules that are not controlled by paragraph .y of
this entry and for which the pattern or layout is ``specially
designed'' for ``600 series'' items.
i. through w. [Reserved]
x. ``Parts,'' ``components,'' ``accessories,'' and
``attachments'' that are ``specially designed'' for a commodity
controlled by this entry or for an article controlled by USML
Category XI, and not enumerated or described in any USML category or
in any paragraph other than the .x paragraph of another 600 series
ECCN or in paragraph .y of this entry.
Note 1 to ECCN 3A611.x: ECCN 3A611.x includes ``parts,''
``components,'' ``accessories,'' and ``attachments'' ``specially
designed'' for a radar, telecommunications, acoustic system or
equipment or computer ``specially designed'' for military
application that are neither controlled in any USML category nor
controlled in any paragraph other than the .x paragraph of another
``600 series'' ECCN.
Note 2 to ECCN 3A611.x: ECCN 3A611.x controls ``parts'' and
``components'' ``specially designed'' for underwater sensors or
projectors controlled by USML Category XI(c)(12) containing single-
crystal lead magnesium niobate lead titanate (PMN-PT) based
piezoelectrics.
Note 3 to ECCN 3A611.x: ``Parts,'' ``components,''
``accessories,'' and ``attachments'' subject to the EAR and within
the scope of any 600 series .x entry that are of a type that are or
would potentially be for use in or with multiple platforms (e.g.,
military electronics, military vehicles, and military aircraft) may
be classified under 3A611.x.
y. Specific ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' for a commodity subject to
control in a ``600 series'' ECCN or a defense article and not
elsewhere specified in any paragraph other than the .y paragraph of
a ``600 series'' ECCN or the USML as follows, and ``parts,''
``components,'' ``accessories,'' and ``attachments'' ``specially
designed'' therefor:
y.1. Electrical connectors;
y.2. Electric fans;
y.3. Heat sinks;
y.4. Joy sticks;
y.5. Mica paper capacitors;
y.6. Microphones;
y.7. Potentiometers;
y.8. Rheostats;
y.9. Electric connector backshells;
y.10. Solenoids;
y.11. Speakers;
y.12. Trackballs;
y.13. Electric transformers;
y.14. Application specific integrated circuits (ASICs) and
programmable logic devices (PLD) that are programmed for commodities
controlled in the .y paragraph of any ``600 series'' ECCN;
y.15. Printed circuit boards and populated circuit card
assemblies for which the layout is ``specially designed'' for an
item controlled by the .y paragraph of any ``600 series'' ECCN;
y.16. Multichip modules for which the pattern or layout is
``specially designed'' for an item in the .y paragraph of a ``600
series'' ECCN;
y.17. Circuit breakers;
y.18. Ground fault circuit interrupters;
y.19. Electrical contacts;
y.20. Electrical guide pins;
y.21. Filtered and unfiltered mechanical switches;
y.22. Thumbwheels;
y.23. Fixed resistors;
y.24. Electrical jumpers;
y.25. Grounding straps;
y.26. Indicator dials;
y.27. Contactors;
y.28. Touchpads;
y.29. Mechanical caps;
y.30. Mechanical plugs;
y.31. Finger barriers;
y.32. Flip-guards;
y.33. Identification plates and nameplates;
y.34. Knobs;
y.35. Hydraulic, pneumatic, fuel and lubrication gauges.
Note to ECCN 3A611: When applying the ``specially designed''
definition to determine whether a printed circuit board, populated
circuit card assembly or multichip module is controlled by paragraph
.g, .h, .y.15 or .y.16 of this entry, the layout of the board or
assembly and the pattern and layout of the module are the only
characteristics that need be evaluated under the ``specially
designed'' definition.
* * * * *
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.
[[Page 34312]]
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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
TSR: N/A
Special Conditions for STA
STA: 1. Paragraph (c)(2) of License Exception STA (Sec.
740.20(c)(2) of the EAR) may not be used for any ``software'' in
3D611.
2. Except for ``build-to-print'' software, License Exception STA is
not eligible for software enumerated in ECCN 3D611.b.
List of Items Controlled
Related Controls: ``Software'' directly related to articles
enumerated in USML Category XI is controlled in USML Category XI(d).
Related Definitions: N/A
Items:
a. ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by ECCN 3A611 (other than 3A611.y) and 3B611.
b. ``Software'' ``specially designed'' for the ``development,''
``production,'' operation or maintenance of technology in ECCN
3E611.b.
c. through x. [Reserved]
y. ``Software'' ``specially designed'' for the ``production,''
``development,'' operation or maintenance of commodities enumerated
in ECCNs 3A611.y.
* * * * *
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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
TSR: N/A
Special Conditions for STA
STA: 1. Paragraph (c)(2) of License Exception STA (Sec.
740.20(c)(2) of the EAR) may not be used for any ``technology'' in
3E611.
2. Except for ``build-to-print technology,'' License Exception
STA is not eligible for ``technology'' enumerated in ECCN 3E611.b.
List of Items Controlled
Related Controls: Technical data directly related to articles
enumerated in USML Category XI is controlled in USML Category XI(d).
Related Definitions: N/A
Items:
a. ``Technology'' (other than that controlled by 3E611.b or
3E611.y) ``required'' for the ``development,'' ``production,''
operation, installation, maintenance, repair, overhaul, or
refurbishing of commodities or software controlled by ECCN 3A611,
3B611 or 3D611.
b. ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of the following if controlled by ECCN
3A611, including 3A611.x:
b.1. Helix traveling wave tubes (TWTs);
b.2. Transmit/receive or transmit modules.
c. through x. [Reserved]
y. ``Technology'' ``required'' for the ``production,''
``development,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities or software enumerated in
ECCNs 3A611.y or 3D611.y.
* * * * *
0
5. On page 23467, in the second column, instruction 20 and its
corresponding amendment text are corrected to read as follows:
0
20. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 7, 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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: $1,500
GBS: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2)
of the EAR) may not be used for any item in 7A611.
List of Items Controlled
Related Controls: (1) Military fire control, laser, imaging, and
guidance equipment that are enumerated in USML Category XII, and
technical data (including software) directly related thereto, are
subject to the ITAR. (2) See Related Controls in ECCNs 0A504, 2A984,
6A002, 6A003, 6A004, 6A005, 6A007, 6A008, 6A107, 7A001, 7A002,
7A003, 7A005, 7A101, 7A102, and 7A103. (3) See ECCN 3A611 and USML
Category XI for controls on countermeasure equipment. (4) See ECCN
0A919 for foreign-made ``military commodities'' that incorporate
more than a de minimis amount of U.S. origin ``600 series''
controlled content.
Related Definitions: N/A
Items:
a. Guidance or navigation systems, not elsewhere specified on
the USML, that are ``specially designed'' for a defense article on
the USML or for a 600 series item.
b. to w. [Reserved]
x. ``Parts,'' ``components,'' ``accessories,'' and
``attachments,'' including accelerometers, gyros, angular rate
sensors, gravity meters (gravimeters), and inertial measurement
units (IMUs), that are ``specially designed'' for defense articles
controlled by USML Category XII or items controlled by 7A611, and
that are NOT:
1. Enumerated or controlled in the USML or elsewhere within ECCN
7A611;
2. Described in ECCNs 6A007, 6A107, 7A001, 7A002, 7A003, 7A101,
7A102 or 7A103; or
3. Elsewhere specified in ECCN 7A611.y or 3A611.y.
y. Specific ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' for a commodity subject to
control in this ECCN or a defense article in Category XII and not
elsewhere specified on the USML or in the CCL, as follows, and
``parts,'' ``components,'' ``accessories,'' and ``attachments''
``specially designed'' therefor:
y.1 [Reserved]
* * * * *
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.
[[Page 34313]]
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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
TSR: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2)
of the EAR) may not be used for any software in 7D611.
List of Items Controlled
Related Controls: ``Software'' directly related to articles
enumerated in USML Category XII is subject of USML paragraph XII(f).
Related Definitions: N/A
Items:
a. ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by ECCNs 7A611 (except 7A611.y) or 7B611.
b. to x. [Reserved]
y. Specific ``software'' ``specially designed'' for the
``development,'' ``production,'' operation, or maintenance of
commodities described in 7A611.y.
* * * * *
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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
TSR: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2)
of the EAR) may not be used for any technology in 7E611.
List of Items Controlled
Related Controls: Technical data directly related to articles
enumerated in USML Category XII are subject to the control of USML
Category XII(f).
Related Definitions: N/A
Items:
a. ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities or ``software'' controlled
by ECCN 7A611 (except 7A611.y), 7B611, or 7D611 (except 7D611.y).
b. through .x [Reserved]
y. Specific ``technology'' ``required'' for the ``production,''
``development,'' operation, installation, maintenance, repair, or
overhaul of commodities or software controlled by ECCNs 7A611.y or
7D611.y.
* * * * *
0
7. On page 23467, in the third column, instruction 21 and its
corresponding amendment text are corrected to read as follows:
0
21. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 8, 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.
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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: $1,500
GBS: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for any item in 8A609.a,
unless determined by BIS to be eligible for License Exception STA in
accordance with Sec. 740.20(g) (License Exception STA eligibility
requests for 9x515 and ``600 series'' items). (2) Paragraph (c)(2)
of License Exception STA (Sec. 740.20(c)(2) of the EAR) may not be
used for any item in 8A609.
List of Items Controlled
Related Controls: (1) Surface vessels of war and special naval
equipment, and technical data (including software), and services
directly related thereto, described in 22 CFR part 121, Category VI,
Surface Vessels of War and Special Naval Equipment, are subject to
the jurisdiction of the International Traffic in Arms Regulations.
(2) See ECCN 0A919 for foreign-made ``military commodities'' that
incorporate more than a de minimis amount of U.S.- origin ``600
series'' controlled content. (3) For controls on diesel engines and
electric motors that are ``subject to the EAR'' for surface vessels
of war ``subject to the EAR'' or ``subject to the ITAR,'' see ECCN
8A992.g. For diesel engines and electric motors for surface vessels
of war ``subject to the ITAR,'' see 22 CFR part 121, Category VI(c)
for parts, components, accessories, and attachments, ``specially
designed'' for developmental vessels funded by the Department of
Defense via contract or other funding authorization. (4) For
controls on military gas turbine engines and related items for
vessels of war, see ECCN 9A619. (4) For controls on military gas
turbine engines and related items for vessels of war, see ECCN
9A619.
Related Definitions: N/A
Items:
a. Surface vessels of war ``specially designed'' for a military
use and not enumerated or otherwise described in the USML.
Note 1:
8A609.a includes: (i) Underway replenishment ships; (ii) surface
vessel and submarine tender and repair ships, except vessels that
are ``specially designed'' to support naval nuclear propulsion
plants; (iii) non-submersible submarine rescue ships; (iv) other
auxiliaries (e.g., AGDS, AGF, AGM, AGOR, AGOS, AH, AP, ARL, AVB,
AVM, and AVT); (v) amphibious warfare craft, except those that are
armed; and (vi) unarmored and unarmed coastal, patrol, roadstead,
and Coast Guard and other patrol craft with
[[Page 34314]]
mounts or hard points for firearms of .50 caliber or less.
Note 2:
For purposes of paragraph .a, surface vessels of war includes
vessels ``specially designed'' for military use that are not
identified in paragraph (a) of ITAR Sec. 121.15, including any
demilitarized vessels, regardless of origin or designation,
manufactured prior to 1950 and that have not been modified since
1949. For purposes of this note, the term modified does not include
incorporation of safety features required by law, cosmetic changes
(e.g., different paint), or the addition of ``parts'' or
``components'' available prior to 1950.
b. Non-magnetic diesel engines with a power output of 50 hp or
more and either of the following:
b.1. Non-magnetic content exceeding 25% of total weight; or
b.2. Non-magnetic parts other than crankcase, block, head,
pistons, covers, end plates, valve facings, gaskets, and fuel,
lubrication and other supply lines.
c. through w. [Reserved]
x. ``Parts,'' ``components,'' ``accessories'' and
``attachments'' that are ``specially designed'' for a commodity
enumerated or otherwise described in ECCN 8A609 (except for 8A609.y)
or a defense article enumerated or otherwise described in USML
Category VI and not specified elsewhere on the USML, in 8A609.y or
3A611.y.
Note 1:
Forgings, castings, and other unfinished products, such as
extrusions and machined bodies, that have reached a stage in
manufacturing where they are clearly identifiable by mechanical
properties, material composition, geometry, or function as
commodities controlled by ECCN 8A609.x are controlled by ECCN
8A609.x.
Note 2:
``Parts,'' ``components,'' ``accessories'' and ``attachments''
specified in USML subcategory VI(f) are subject to the controls of
that paragraph. ``Parts,'' ``components,'' ``accessories,'' and
``attachments'' specified in ECCN 8A609.y are subject to the
controls of that paragraph.
y. Specific ``parts,'' ``components,'' ``accessories'' and
``attachments'' ``specially designed'' for a commodity subject to
control in this ECCN or for a defense article in USML Category VI
and not elsewhere specified in the USML, as follows, and ``parts,''
``components,'' ``accessories,'' and ``attachments'' ``specially
designed'' therefor:
y.1. Public address (PA) systems;
y.2. Filters and filter assemblies, hoses, lines, fittings,
couplings, and brackets for pneumatic, hydraulic, oil and fuel
systems;
y.3. Galleys;
y.4. Lavatories;
y.5. Magnetic compass, magnetic azimuth detector;
y.6. Medical facilities;
y.7. Potable water tanks, filters, valves, hoses, lines,
fittings, couplings, and brackets;
y.8. Panel knobs, indicators, switches, buttons, and dials
whether unfiltered or filtered for use with night vision imaging
systems;
y.9. Emergency lighting;
y.10. Gauges and indicators;
y.11. Audio selector panels.
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.
Control(s) No. 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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: $1,500
GBS: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for any item in 8A620.a or
.b, unless determined by BIS to be eligible for License Exception
STA in accordance with Sec. 740.20(g) (License Exception STA
eligibility requests for ``600 series'' end items). (2) Paragraph
(c)(2) of License Exception STA (Sec. 740.20(c)(2) of the EAR) may
not be used for any item in 8A620.
List of Items Controlled
Related Controls: (1) Submersible vessels, oceanographic and
associated equipment, and technical data (including software), and
services directly related thereto, described in 22 CFR part 121,
Category XX, Submersible Vessels, Oceanographic and Associated
Equipment, are subject to the jurisdiction of the International
Traffic in Arms Regulations (ITAR). ``Parts,'' ``components,''
``accessories,'' and ``attachments'' ``specially designed'' for
defense articles in USML Category XX are controlled under USML sub-
category XX(c). (2) See ECCN 0A919 for foreign made ``military
commodities'' that incorporate more than a de minimis amount of
U.S.-origin ``600 series'' controlled content. (3) For controls on
nonmilitary submersible vehicles, oceanographic and associated
equipment, see ECCNs 8A001, 8A002, and 8A992. (4) See ECCN 8A609 for
controls on nonmagnetic diesel engines with a power output of 50 hp
or more and either: (i) Nonmagnetic content exceeding 25% of total
weight; or (ii) non-magnetic parts other than crankcase, block,
head, pistons, covers, end plates, valve facings, gaskets, and fuel,
lubrication and other supply lines.
Related Definitions: N/A
Items:
a. Submersible and semi-submersible vessels ``specially
designed'' for a military use and not enumerated or otherwise
described in the USML.
Note:
8A620.a includes submarine rescue vehicles and Deep Submergence
Vehicles (DSV).
b. Submersible and semi-submersible vessels ``specially
designed'' for cargo transport and ``parts,'' ``components,''
``accessories,'' and ``attachments'' ``specially designed''
therefor.
c. Harbor entrance detection devices (magnetic, pressure, and
acoustic) and controls therefor, not elsewhere specified on the USML
or the CCL.
d. Diesel engines of 1,500 hp and over with rotary speed of 700
rpm or over ``specially designed'' for submarines.
Note:
Propulsion systems not specified in ECCN 8A620.d that are
``specially designed'' for an article controlled by USML Category XX
are controlled by USML XX(b) or (c).
e. Submarine nets and torpedo nets.
f. Diving and underwater swimming apparatus specially designed
or modified for military use, as follows:
f.1. Self-contained diving rebreathers, closed or semi-closed
circuit;
f.2. Underwater swimming apparatus specially designed for use
with the diving apparatus specified in subparagraph f.1;
N.B.:
See also 8A002.q.
g. through w. [Reserved]
x. ``Parts,'' ``components,'' ``accessories'' and
``attachments'' that are ``specially designed'' for a commodity
enumerated or otherwise described in ECCN 8A620 (except for 8A620.b
or 8A620.y) and not elsewhere specified on the USML, in 8A620.y or
3A611.y.
Note 1:
Forgings, castings, and other unfinished products, such as
extrusions and machined bodies, that have reached a stage in
manufacturing where they are clearly identifiable by mechanical
properties, material composition, geometry, or function as
commodities controlled by ECCN 8A620.x are controlled by ECCN
8A620.x.
Note 2:
``Parts,'' ``components,'' ``accessories'' and ``attachments''
specified in ECCN 8A620.y are subject to the controls of that
paragraph.
y. Specific ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' for a commodity subject to
control in this ECCN, as follows, and ``parts,'' ``components,''
``accessories,'' and ``attachments'' ``specially designed''
therefor:
y.1. Public address (PA) systems;
y.2. Filters and filter assemblies, hoses, lines, fittings,
couplings, and brackets for pneumatic, hydraulic, oil and fuel
systems;
y.3. Galleys;
y.4. Lavatories;
y.5. Magnetic compass, magnetic azimuth detector;
y.6. Medical facilities;
y.7. Potable water tanks, filters, valves, hoses, lines,
fittings, couplings, and brackets;
y.8. Panel knobs, indicators, switches, buttons, and dials
whether unfiltered or filtered for use with night vision imaging
systems;
[[Page 34315]]
y.9. Emergency lighting;
y.10. Gauges and indicators;
y.11. Audio selector panels.
* * * * *
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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
TSR: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2)
of the EAR) may not be used for any ``software'' in 8D609.
List of Items Controlled
Related Controls: (1) ``Software'' directly related to articles
enumerated in USML Category VI is controlled under USML Category
VI(g). (2) See ECCN 0A919 for foreign made ``military commodities''
that incorporate more than a de minimis amount of U.S.-origin ``600
series'' controlled content.
Related Definitions: N/A
Items:
a. ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by ECCN 8A609, ECCN 8B609, or ECCN 8C609 (except for commodities
controlled by ECCN 8A609.y).
b. through .x [Reserved]
y. Specific ``software'' ``specially designed'' for the
``development,'' ``production,'' operation, or maintenance of
commodities in ECCN 8A609.y.
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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
TSR: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2)
of the EAR) may not be used for any ``software'' in 8D620.
List of Items Controlled
Related Controls: (1) ``Software'' directly related to articles
enumerated or otherwise described in USML Category XX is controlled
under USML Category XX(d). (2) See ECCN 0A919 for foreign made
``military commodities'' that incorporate more than a de minimis
amount of U.S.-origin ``600 series'' controlled content.
Related Definitions: N/A
Items:
a. ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by ECCN 8A620 or ECCN 8B620 (except for commodities controlled by
ECCN 8A620.b or .y or ECCN 8B620.b).
b. ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by ECCN 8A620.b or ECCN 8B620.b.
c. through .x [Reserved]
y. Specific ``software'' ``specially designed'' for the
``development,'' ``production,'' operation, or maintenance of
commodities in ECCN 8A620.y.
* * * * *
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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
TSR: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2)
of the EAR) may not be used for any ``technology'' in 8E609.
List of Items Controlled
Related Controls: Technical data directly related to articles
enumerated or otherwise described in USML Category VI are controlled
under USML Category VI(g).
Related Definitions: N/A
Items:
a. ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities controlled by ECCN 8A609,
8B609, or 8C609 (except for commodities controlled by ECCN 8A609.y),
or ``software'' controlled by ECCN 8D609.
b. through .x [Reserved]
y. Specific ``technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities or software in ECCN 8A609.y
or 8D609.y.
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.
Control(s) No. 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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
TSR: N/A
[[Page 34316]]
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2)
of the EAR) may not be used for any ``technology'' in 8E620.
List of Items Controlled
Related Controls: Technical data directly related to articles
enumerated or otherwise described in USML Category XX are controlled
under USML Category XX(d).
Related Definitions: N/A
Items:
a. ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities controlled by ECCN 8A620 or
8B620 or ``software'' controlled by ECCN 8D620 (except for
commodities controlled by ECCN 8A620.b or .y or ECCN 8B620.b or
``software'' controlled by 8D620.b or .y).
b. ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities controlled by ECCN 8A620.b
or 8B620.b or ``software'' controlled by ECCN 8D620.b.
c. through .x [Reserved]
y. Specific ``technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul or refurbishing of commodities or software in ECCN 8A620.y
or 8D620.y.
* * * * *
0
8. On page 23468, in the third column, instruction 22 is removed.
0
9. On page 23468, in the third column, instruction 23 and its
corresponding amendment text are corrected to read as follows:
0
23. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 9, ECCNs 9A515, 9A610, 9A619, 9B619, 9D515, 9D610, 9D619,
9E515, 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.
Control(s) No. 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.
License Requirement Note: The Commerce Country Chart is not
used for determining license requirements for commodities classified
in ECCN 9A515.a.1, .a.2., .a.3., .a.4, and .g. See Sec.
742.6(a)(9), which specifies that such commodities are subject to a
worldwide license requirement.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: $1,500
GBS: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for ``spacecraft'' in ECCN
9A515.a.1, .a.2, .a.3, or .a.4, or items in 9A515.g, unless
determined by BIS to be eligible for License Exception STA in
accordance with Sec. 740.20(g) (License Exception STA eligibility
requests for certain 9x515 and ``600 series'' items). (2) License
Exception STA may not be used if the ``spacecraft'' controlled in
ECCN 9A515.a.1, .a.2, .a.3, or .a.4 contains a separable or
removable propulsion system enumerated in USML Category IV(d)(2) or
USML Category XV(e)(12) and designated MT. (3) Paragraph (c)(2) of
License Exception STA (Sec. 740.20(c)(2) of the EAR) may not be
used for any item in 9A515.
List of Items Controlled
Related Controls: Spacecraft, launch vehicles and related articles
that are enumerated in the USML, and technical data (including
``software'') directly related thereto, and all services (including
training) directly related to the integration of any satellite or
spacecraft to a launch vehicle, including both planning and onsite
support, or furnishing any assistance (including training) in the
launch failure analysis or investigation for items in ECCN 9A515.a,
are ``subject to the ITAR.'' All other ``spacecraft,'' as enumerated
below and defined in Sec. 772.1, are subject to the controls of
this ECCN. See also ECCNs 3A001, 3A002, 3A991, 3A992, 6A002, 6A004,
6A008, and 6A998 for specific ``space-qualified'' items, 7A004 and
7A104 for star trackers, and 9A004 for the International Space
Station (ISS), the James Webb Space Telescope (JWST), and
``specially designed'' ``parts'' and ``components'' therefor. See
USML Category XI(c) for controls on ``Monolithic Microwave
Integrated Circuit'' (``MMIC'') amplifiers that are ``specially
designed'' for defense articles. See ECCN 9A610.g for pressure suits
used for high altitude aircraft.
Related Definitions: `Microcircuit' means a device in which a number
of passive or active elements are considered as indivisibly
associated on or within a continuous structure to perform the
function of a circuit.
Items:
``Spacecraft'' and other items described in ECCN 9A515 remain
subject to the EAR even if exported, reexported, or transferred (in-
country) with defense articles ``subject to the ITAR'' integrated
into and included therein as integral parts of the item. In all
other cases, such defense articles are subject to the ITAR. For
example, a 9A515.a ``spacecraft'' remains ``subject to the EAR''
even when it is exported, reexported, or transferred (in-country)
with a ``hosted payload'' described in USML Category XV(e)(17)
incorporated therein. In all other cases, a ``hosted payload''
performing a function described in USML Category XV(a) always
remains a USML item. The removal of the defense article subject to
the ITAR from the spacecraft is a retransfer under the ITAR and
would require an ITAR authorization, regardless of the CCL
authorization the spacecraft is exported under. Additionally,
transfer of technical data regarding the defense article subject to
the ITAR integrated into the spacecraft would require an ITAR
authorization.
a. ``Spacecraft,'' including satellites, and space vehicles,
whether designated developmental, experimental, research or
scientific, not enumerated in USML Category XV or described in ECCN
9A004.u or .w, that:
a.1. Have electro-optical remote sensing capabilities and having
a clear aperture greater than 0.35 meters, but less than or equal to
0.50 meters;
a.2. Have remote sensing capabilities beyond NIR (i.e., SWIR,
MWIR, or LWIR);
a.3. Have radar remote sensing capabilities (e.g., AESA, SAR, or
ISAR) having a center frequency equal to or greater than 1.0 GHz,
but less than 10.0 GHz and having a bandwidth equal to or greater
than 100 MHz, but less than 300 MHz;
a.4. Provide space-based logistics, assembly, or servicing of
another ``spacecraft''; or
a.5. Are not described in ECCN 9A515.a.1, .a.2, .a.3 or .a.4.
Note: ECCN 9A515.a includes commercial communications
satellites, remote sensing satellites, planetary rovers, planetary
and interplanetary probes, and in-space habitats, not identified in
ECCN 9A004 or USML Category XV(a).
b. Ground control systems and training simulators ``specially
designed'' for telemetry, tracking, and control of the
``spacecraft'' controlled in paragraphs 9A004.u or 9A515.a.
[[Page 34317]]
c. [Reserved]
d. Microelectronic circuits (e.g., integrated circuits,
microcircuits, or MOSFETs) and discrete electronic components rated,
certified, or otherwise specified or described as meeting or
exceeding all the following characteristics and that are ``specially
designed'' for defense articles, ``600 series'' items, or items
controlled by ECCNs 9A004.v or 9A515:
d.1. A total dose of 5 x 105 Rads (Si) (5 x 103 Gy (Si));
d.2. A dose rate upset threshold of 5 x 108 Rads (Si)/sec (5 x
106 Gy (Si)/sec);
d.3. A neutron dose of 1 x 1014 n/cm2 (1 MeV equivalent);
d.4. An uncorrected single event upset sensitivity of 1 x 10-10
errors/bit/day or less, for the CR[Egrave]ME-MC geosynchronous
orbit, Solar Minimum Environment for heavy ion flux; and
d.5. An uncorrected single event upset sensitivity of 1 x 10-3
errors/part or less for a fluence of 1 x 107 protons/cm2 for proton
energy greater than 50 MeV.
e. Microelectronic circuits (e.g., integrated circuits,
microcircuits, or MOSFETs) and discrete electronic components that
are rated, certified, or otherwise specified or described as meeting
or exceeding the characteristics in either paragraph e.1 or e.2, AND
``specially designed'' for defense articles controlled by USML
Category XV or items controlled by ECCNs 9A004.u or 9A515:
e.1. A total dose >=1 x 105 Rads (Si) (1 x 103 Gy(Si)) and <5 x
105 Rads (Si) (5 x 103 Gy(Si)); and a single event effect (SEE)
(i.e., single event latchup (SEL), single event burnout (SEB), or
single event gate rupture (SEGR)) immunity to a linear energy
transfer (LET) >=80 MeV-cm2/mg; or
e.2. A total dose >=5 x 105 Rads (Si) (5 x 103 Gy (Si)) and not
described in 9A515.d.
Note 1 to 9A515.d and .e: Application specific integrated
circuits (ASICs), integrated circuits developed and produced for a
specific application or function, specifically designed or modified
for defense articles and not in normal commercial use are controlled
by Category XI(c) of the USML regardless of characteristics.
Note 2 to 9A515.d and .e: See 3A001.a for controls on
radiation-hardened microelectronic circuits ``subject to the EAR''
that are not controlled by 9A515.d or 9A515.e.
f. Pressure suits (i.e., space suits) capable of operating at
altitudes 55,000 feet above sea level.
g. Remote sensing components ``specially designed'' for
``spacecraft'' described in ECCNs 9A515.a.1 through 9A515.a.4 as
follows:
g.1. Space-qualified optics (i.e., lens, mirror, membrane having
active properties (e.g., adaptive, deformable)) with the largest
lateral clear aperture dimension equal to or less than 0.35 meters;
or with the largest clear aperture dimension greater than 0.35
meters but less than or equal to 0.50 meters;
g.2. Optical bench assemblies ``specially designed'' for ECCN
9A515.a.1, 9A515.a.2, 9A515.a.3, or 9A515.a.4 ``spacecraft;'' or
g.3. Primary, secondary, or hosted payloads that perform a
function of ECCN 9A515.a.1, 9A515.a.2, 9A515.a.3, or 9A515.a.4
``spacecraft.''
h. Spacecraft thrusters using bi-propellants or mono-propellants
that provide thrust equal to or less than 150 lbf (i.e., 667.23 N)
vacuum thrust.
i. through w. [RESERVED]
x. ``Parts,'' ``components,'' ``accessories'' and
``attachments'' that are ``specially designed'' for defense articles
controlled by USML Category XV or items controlled by 9A515, and
that are NOT:
x.1. Enumerated or controlled in the USML or elsewhere within
ECCNs 9A515 or 9A004;
x.2. Microelectronic circuits and discrete electronic
components;
x.3. Described in ECCNs 7A004 or 7A104;
x.4. Described in an ECCN containing ``space-qualified'' as a
control criterion (i.e., 3A001.b.1, 3A001.e.4, 3A002.g.1, 3A991.o,
3A992.b.3, 6A002.a.1, 6A002.b.2, 6A002.d.1, 6A004.c and .d,
6A008.j.1, 6A998.b, or 7A003.d.2);
x.5. Microwave solid state amplifiers and microwave assemblies
(refer to ECCN 3A001.b.4 for controls on these items);
x.6. Travelling wave tube amplifiers (refer to ECCN 3A001.b.8
for controls on these items); or
x.7. Elsewhere specified in ECCN 9A515.y.
Note to 9A515.x: ``Parts,'' ``components,'' ``accessories,'' and
``attachments'' specified in USML subcategory XV(e) or enumerated in
other USML categories are subject to the controls of that paragraph
or category.
y. Items that would otherwise be within the scope of ECCN
9A515.x but that have been identified in an interagency-cleared
commodity classification (CCATS) pursuant to Sec. 748.3(e) as
warranting control in 9A515.y.
y.1. Discrete electronic components not specified in 9A515.e;
y.2. Space grade or for spacecraft applications thermistors;
y.3. Space grade or for spacecraft applications RF microwave
bandpass ceramic filters (Dielectric Resonator Bandpass Filters);
y.4. Space grade or for spacecraft applications hall effect
sensors;
y.5. Space grade or for spacecraft applications subminiature
(SMA and SMP) plugs and connectors, TNC plugs and cable and
connector assemblies with SMA plugs and connectors; and
y.6. Space grade or for spacecraft applications flight cable
assemblies.
* * * * *
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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: $1,500
GBS: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for any item in 9A610.a
(i.e., ``end item'' military aircraft), unless determined by BIS to
be eligible for License Exception STA in accordance with Sec.
740.20(g) (License Exception STA eligibility requests for 9x515 and
``600 series'' items). (2) Paragraph (c)(2) of License Exception STA
(Sec. 740.20(c)(2) of the EAR) may not be used for any item in
9A610.
List of Items Controlled
Related Controls: (1) Military aircraft and related articles that
are enumerated in USML Category VIII, and technical data (including
software) directly related thereto, are subject to the ITAR. (2) See
ECCN 0A919 for controls on foreign-made ``military commodities''
that incorporate more than a de minimis amount of U.S.-origin ``600
series'' controlled content. (3) See USML Category XIX and ECCN
9A619 for controls on military aircraft gas turbine engines and
related items.
Related Definitions: In paragraph .y of this entry, the term `fluid'
includes liquids and gases.
Items:
a. 'Military Aircraft' ``specially designed'' for a military use
that are not enumerated in USML paragraph VIII(a).
[[Page 34318]]
Note 1: For purposes of paragraph .a the term `military
aircraft' means the LM-100J aircraft and any aircraft ``specially
designed'' for a military use that are not enumerated in USML
paragraph VIII(a). The term includes: Trainer aircraft; cargo
aircraft; utility fixed wing aircraft; military helicopters;
observation aircraft; military non-expansive balloons and other
lighter than air aircraft; and unarmed military aircraft, regardless
of origin or designation. Aircraft with modifications made to
incorporate safety of flight features or other FAA or NTSB
modifications such as transponders and air data recorders are
``unmodified'' for the purposes of this paragraph .a.
Note 2: 9A610.a does not control 'military aircraft' that:
a. Were first manufactured before 1946;
b. Do not incorporate defense articles enumerated or otherwise
described on the U.S. Munitions List, unless the items are required
to meet safety or airworthiness standards of a Wassenaar Arrangement
Participating State; and
c. Do not incorporate weapons enumerated or otherwise described
on the U.S. Munitions List, unless inoperable and incapable of being
returned to operation.
b. L-100 aircraft manufactured prior to 2013.
c.-d. [Reserved]
e. Mobile aircraft arresting and engagement runway systems for
aircraft controlled by either USML Category VIII(a) or ECCN 9A610.a.
f. Pressure refueling equipment and equipment that facilitates
operations in confined areas, ``specially designed'' for aircraft
controlled by either USML paragraph VIII(a) or ECCN 9A610.a.
g. Aircrew life support equipment, aircrew safety equipment and
other devices for emergency escape from aircraft controlled by
either USML paragraph VIII(a) or ECCN 9A610.a.
h. Parachutes, paragliders, complete parachute canopies,
harnesses, platforms, electronic release mechanisms, ``specially
designed'' for use with aircraft controlled by either USML paragraph
VIII(a) or ECCN 9A610.a, and ``equipment'' ``specially designed''
for military high altitude parachutists, such as suits, special
helmets, breathing systems, and navigation equipment.
i. Controlled opening equipment or automatic piloting systems,
designed for parachuted loads.
j. Ground effect machines (GEMS), including surface effect
machines and air cushion vehicles, ``specially designed'' for use by
a military.
k. through s. [Reserved]
t. Composite structures, laminates, and manufactures thereof
``specially designed'' for unmanned aerial vehicles controlled under
USML Category VIII(a) with a range equal to or greater than 300 km.
Note to paragraph .t: Composite structures, laminates, and
manufactures thereof ``specially designed'' for unmanned aerial
vehicles controlled under USML Category VIII(a) with a maximum range
less than 300 km are controlled in paragraph .x of this entry.
u. Apparatus and devices ``specially designed'' for the
handling, control, activation and non-ship-based launching of UAVs
or drones controlled by either USML paragraph VIII(a) or ECCN
9A610.a, and capable of a range equal to or greater than 300 km.
Note to paragraph .u: Apparatus and devices ``specially
designed'' for the handling, control, activation and non-ship-based
launching of UAVs or drones controlled by either USML paragraph
VIII(a) or ECCN 9A610.a with a maximum range less than 300 km are
controlled in paragraph .x of this entry.
v. Radar altimeters designed or modified for use in UAVs or
drones controlled by either USML paragraph VIII(a) or ECCN 9A610.a.,
and capable of delivering at least 500 kilograms payload to a range
of at least 300 km.
Note to paragraph .v: Radar altimeters designed or modified for
use in UAVs or drones controlled by either USML paragraph VIII(a) or
ECCN 9A610.a. that are not capable of delivering at least 500
kilograms payload to a range of at least 300 km are controlled in
paragraph .x of this entry.
w.1. Pneumatic hydraulic, mechanical, electro-optical, or
electromechanical flight control systems (including fly-by-wire and
fly-by-light systems) and attitude control equipment designed or
modified for UAVs controlled by either USML paragraph VIII(a) or
ECCN 9A610.a., and capable of delivering at least 500 kilograms
payload to a range of at least 300 km.
Note to paragraph w.1: Pneumatic, hydraulic, mechanical,
electro-optical, or electromechanical flight control systems
(including fly-by-wire and fly-by-light systems) and attitude
control equipment designed or modified for UAVs controlled by either
USML paragraph VIII(a) or ECCN 9A610.a., not capable of delivering
at least 500 kilograms payload to a range of at least 300 km are
controlled in paragraph .x of this entry.
w.2. Flight control servo valves designed or modified for the
systems in 9A610.w.1 and designed or modified to operate in a
vibration environment greater than 10g rms over the entire range
between 20Hz and 2 kHz.
Note to paragraph .w: Paragraphs 9A610.w.1. and 9A610.w.2.
include the systems, equipment and valves designed or modified to
enable operation of manned aircraft as unmanned aerial vehicles.
x. ``Parts,'' ``components,'' ``accessories,'' and
``attachments'' that are ``specially designed'' for a commodity
enumerated or otherwise described in ECCN 9A610 (except for 9A610.y)
or a defense article enumerated or otherwise described in USML
Category VIII and not elsewhere specified on the USML or in 9A610.y,
9A619.y, or 3A611.y.
y. Specific ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' for a commodity subject to
control in this entry, ECCN 9A619, or for a defense article in USML
Categories VIII or XIX and not elsewhere specified in the USML or
the CCL, and other aircraft commodities ``specially designed'' for a
military use, as follows, and ``parts,'' ``components,''
``accessories,'' and ``attachments'' ``specially designed''
therefor:
y.1. Aircraft tires;
y.2. Analog gauges and indicators;
y.3. Audio selector panels;
y.4. Check valves for hydraulic and pneumatic systems;
y.5. Crew rest equipment;
y.6. Ejection seat mounted survival aids;
y.7. Energy dissipating pads for cargo (for pads made from paper
or cardboard);
y.8. Fluid filters and filter assemblies;
y.9. Galleys;
y.10. Fluid hoses, straight and unbent lines (for a commodity
subject to control in this entry or defense article in USML Category
VIII), and fittings, couplings, clamps (for a commodity subject to
control in this entry or defense article in USML Category VIII) and
brackets therefor;
y.11. Lavatories;
y.12. Life rafts;
y.13. Magnetic compass, magnetic azimuth detector;
y.14. Medical litter provisions;
y.15. Cockpit or cabin mirrors;
y.16. Passenger seats including palletized seats;
y.17. Potable water storage systems;
y.18. Public address (PA) systems;
y.19. Steel brake wear pads (does not include sintered mix or
carbon/carbon materials);
y.20. Underwater locator beacons;
y.21. Urine collection bags/pads/cups/pumps;
y.22. Windshield washer and wiper systems;
y.23. Filtered and unfiltered panel knobs, indicators, switches,
buttons, and dials;
y.24. Lead-acid and Nickel-Cadmium batteries;
y.25. Propellers, propeller systems, and propeller blades used
with reciprocating engines;
y.26. Fire extinguishers;
y.27. Flame and smoke/CO2 detectors;
y.28. Map cases;
y.29. `Military Aircraft' that were first manufactured from 1946
to 1955 that do not incorporate defense articles enumerated or
otherwise described on the U.S. Munitions List, unless the items are
required to meet safety or airworthiness standards of a Wassenaar
Arrangement Participating State; and do not incorporate weapons
enumerated or otherwise described on the U.S. Munitions List, unless
inoperable and incapable of being returned to operation;
y.30. ``Parts,'' ``components,'' ``accessories,'' and
``attachments,'' other than electronic items or navigation
equipment, for use in or with a commodity controlled by ECCN
9A610.h;
y.31. Identification plates and nameplates; and
y.32. Fluid manifolds.
9A619 Military gas turbine engines and related commodities (see List
of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
[[Page 34319]]
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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: $1,500
GBS: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2)
of the EAR) may not be used for any item in ECCN 9A619.
List of Items Controlled
Related Controls: (1) Military gas turbine engines and related
articles that are enumerated or otherwise described in USML Category
XIX, and technical data (including software) directly related
thereto, are subject to the jurisdiction of the International
Traffic in Arms Regulations (ITAR). (2) Gas turbine engines
designated 501-D22 are controlled in ECCN 9A991.d regardless of the
aircraft type into which they will be installed. (3) See ECCN 0A919
for foreign-made ``military commodities'' that incorporate more than
a de minimis amount of U.S.-origin ``600 series'' controlled
content. (4) ``Parts,'' ``components,'' ``accessories,'' and
``attachments'' specified in USML Category XIX(f) are subject to the
controls of that paragraph. (5) ``Parts,'' ``components,''
``accessories,'' and ``attachments'' specified in ECCN 9A619.y are
subject to the controls of that paragraph.
Related Definitions: In paragraph .y of this entry, the term `fluid'
includes liquids and gases.
Items:
a. ``Military Gas Turbine Engines'' ``specially designed'' for a
military use that are not controlled in USML Category XIX(a), (b),
(c), or (d).
Note: For purposes of ECCN 9A619.a, the term ``military gas
turbine engines'' means gas turbine engines ``specially designed''
for ``end items'' enumerated in USML Categories VI, VII or VIII or
on the CCL under ECCNs 0A606, 8A609 or 9A610.
b. Digital engine controls (e.g., Full Authority Digital Engine
Controls (FADEC) and Digital Electronic Engine Controls (DEEC))
``specially designed'' for gas turbine engines controlled in this
ECCN 9A619.
c. If ``specially designed'' for gas turbine engines controlled
in 9A619.a, hot section components (i.e., combustion chambers and
liners; high pressure turbine blades, vanes, disks and related
cooled structure; cooled low pressure turbine blades, vanes, disks
and related cooled structure; cooled augmenters; and cooled
nozzles);
d. If ``specially designed'' for gas turbine engines controlled
in 9A619.a, uncooled turbine blades, vanes, disks, and tip shrouds;
e. If ``specially designed'' for gas turbine engines controlled
in 9A619.a, combustor cowls, diffusers, domes, and shells;
f. Engine monitoring systems (i.e., those that conduct
prognostics, diagnostics, and monitor health) ``specially designed''
for gas turbine engines and components controlled in this ECCN
9A619.
g. through w. [RESERVED]
x. Parts,'' ``components,'' ``accessories,'' and ``attachments''
that are ``specially designed'' for a commodity controlled by this
ECCN 9A619 (other than ECCN 9A619.c) or for a defense article
enumerated in USML Category XIX and not specified elsewhere on the
USML or in ECCN 3A611.y, 9A610.y or 9A619.y.
Note to paragraph .x: ``Parts,'' ``components,''
``accessories,'' and ``attachments'' specified in USML subcategory
XIX(f) are subject to the controls of that paragraph. ``Parts,''
``components,'' ``accessories,'' and ``attachments'' specified in
ECCN 3A611.y, 9A610.y or 9A619.y are subject to the controls of that
paragraph.
y. Specific ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' for a commodity subject to
control in this entry, ECCN 9A610, or for a defense article in USML
Category VIII or Category XIX and not elsewhere specified on the
USML or in the CCL, and other commodities, as follows, and
``parts,'' ``components,'' ``accessories,'' and ``attachments''
``specially designed'' therefor:
y.1. Oil tank and reservoirs;
y.2. Oil lines and tubes;
y.3. Fluid hoses, and lines (for a commodity subject to control
in this entry or a defense article in USML Category XIX), fittings,
couplings, and brackets therefor;
y.4. Fluid filters and filter assemblies;
y.5. Clamps (for a commodity subject to control in this entry or
a defense article in USML Category XIX);
y.6. Shims;
y.7. Identification plates and nameplates;
y.8. Fluid manifolds; and
y.9. Check valves for fluid systems.
* * * * *
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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: $1,500
GBS: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2)
of the EAR) may not be used for any item in ECCN 9B619.
List of Items Controlled
Related Controls: USML Category XIX(f)(1) controls ``parts,''
``components,'' ``accessories,'' and ``attachments'' ``specially
designed'' for the engines described in Category XIX(f)(1), but does
not control the commodities enumerated or otherwise described in
ECCN 9B619. USML Category XIX(f)(2)-(11) controls other engine
``parts,'' ``components,'' ``accessories,'' ``attachments,'' and
``systems.''
Related Definitions: N/A
Items:
a. Test, inspection, and production ``equipment'' ``specially
designed'' for the ``production,'' ``development,'' operation,
installation, maintenance, repair, overhaul, or refurbishing of
commodities enumerated or otherwise described in ECCN 9A619 (except
for 9A619.y) or in USML Category XIX, and ``parts,'' ``components,''
``accessories,'' and ``attachments'' ``specially designed''
therefor.
b. Equipment, cells, or stands ``specially designed'' for
testing, analysis and fault isolation of engines, ``systems,''
``components,'' ``parts,'' ``accessories,'' and ``attachments''
enumerated or otherwise described in ECCN 9A619 (except for 9A619.y)
on the CCL or in Category XIX on the USML.
c. through x. [Reserved]
y. Bearing pullers ``specially designed'' for the ``production''
or ``development'' of commodities enumerated or otherwise described
in ECCN 9A619 (except for 9A619.y) or USML Category XIX and
``parts,'' ``components,'' ``accessories,'' and ``attachments''
``specially designed'' therefor.
* * * * *
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
[[Page 34320]]
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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
TSR: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for 9D515.b, .d, or .e. (2)
Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2) of the
EAR) may not be used for any ``software'' in 9D515.
List of Items Controlled
Related Controls: ``Software'' directly related to articles
enumerated in USML Category XV is subject to the control of USML
paragraph XV(f). See also ECCNs 3D001, 6D001, 6D002, and 6D991 for
controls of specific software ``specially designed'' for certain
``space-qualified'' items.
Related Definitions: N/A
Items:
a. ``Software'' (other than ``software'' controlled in
paragraphs .b, .d, or .e of this entry) ``specially designed'' for
the ``development,'' ``production,'' operation, installation,
maintenance, repair, overhaul, or refurbishing of commodities
controlled by ECCN 9A515 (except 9A515.d or .e) or 9B515.
b. ``Source code'' that:
b.1. Contains the algorithms or control principles (e.g., for
clock management), precise orbit determination (e.g., for ephemeris
or pseudo range analysis), signal construct (e.g., pseudo-random
noise (PRN) anti-spoofing) ``specially designed'' for items
controlled by ECCN 9A515;
b.2. Is ``specially designed'' for the integration, operation,
or control of items controlled by ECCN 9A515;
b.3. Contains algorithms or modules ``specially designed'' for
system, subsystem, component, part, or accessory calibration,
manipulation, or control of items controlled by ECCN 9A515;
b.4. Is ``specially designed'' for data assemblage,
extrapolation, or manipulation of items controlled by ECCN 9A515;
b.5. Contains the algorithms or control laws ``specially
designed'' for attitude, position, or flight control of items
controlled in ECCN 9A515; or
b.6. Is ``specially designed ``for built-in test and diagnostics
for items controlled by ECCN 9A515.
c. [Reserved]
d. ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, failure analysis or anomaly resolution of
commodities controlled by ECCN 9A515.d.
e. ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, failure analysis or anomaly resolution of
commodities controlled by ECCN 9A515.e.
f. through x. [Reserved]
y. Specific ``software'' ``specially designed'' for the
``development,'' ``production,'' operation, or maintenance of
commodities enumerated in ECCN 9A515.y.
* * * * *
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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
TSR: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for 9D610.b. (2) Paragraph
(c)(2) of License Exception STA (Sec. 740.20(c)(2) of the EAR) may
not be used for any software in 9D610.
List of Items Controlled
Related Controls: Software directly related to articles enumerated
or otherwise described in USML Category VIII is subject to the
control of USML paragraph VIII(i).
Related Definitions: N/A
Items:
a. ``Software'' (other than software controlled in paragraphs .b
or .y of this entry) ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by ECCN 9A610, ECCN 9B610, or ECCN 9C610.
b. ``Software'' ``specially designed'' for the ``development''
or ``production'' of any of the following:
b.1. Static structural members;
b.2. Exterior skins, removable fairings, non-removable fairings,
radomes, access doors and panels, and in-flight opening doors;
b.3. Control surfaces, leading edges, trailing edges, and
leading edge flap seals;
b.4. Leading edge flap actuation system commodities (i.e., power
drive units, rotary geared actuators, torque tubes, asymmetry
brakes, position sensors, and angle gearboxes) ``specially
designed'' for fighter, attack, or bomber aircraft controlled in
USML Category VIII;
b.5. Engine inlets and ducting;
b.6. Fatigue life monitoring systems ``specially designed'' to
relate actual usage to the analytical or design spectrum and to
compute amount of fatigue life ``specially designed'' for aircraft
controlled by either USML subcategory VIII(a) or ECCN 9A610.a,
except for Military Commercial Derivative Aircraft;
b.7. Landing gear, and ``parts'' and ``components'' ``specially
designed'' therefor, ``specially designed'' for use in aircraft
weighing more than 21,000 pounds controlled by either USML
subcategory VIII(a) or ECCN 9A610.a, except for Military Commercial
Derivative Aircraft;
b.8. Conformal fuel tanks and ``parts'' and ``components''
``specially designed'' therefor;
b.9. Electrical ``equipment,'' ``parts,'' and ``components''
``specially designed'' for electro-magnetic interference (EMI)--
i.e., conducted emissions, radiated emissions, conducted
susceptibility and radiated susceptibility--protection of aircraft
that conform to the requirements of MIL-STD-461;
b.10. HOTAS (Hand-on Throttle and Stick) controls, HOCAS (Hands
on Collective and Stick), Active Inceptor Systems (i.e., a
combination of Active Side Stick Control Assembly, Active Throttle
Quadrant Assembly, and Inceptor Control Unit), rudder pedal
assemblies for digital flight control systems, and parts and
components ``specially designed'' therefor;
b.11. Integrated Vehicle Health Management Systems (IVHMS),
Condition Based Maintenance (CBM) Systems, and Flight Data
Monitoring (FDM) systems;
b.12. Equipment ``specially designed'' for system prognostic and
health management of aircraft;
b.13. Active Vibration Control Systems; or
b.14. Self-sealing fuel bladders ``specially designed'' to pass
a .50 caliber or larger gunfire test (MIL-DTL-5578, MIL-DTL-27422).
c. to x. [Reserved]
y. Specific ``software'' ``specially designed'' for the
``development,'' ``production,'' operation, or maintenance of
commodities enumerated in ECCN 9A610.y.
9D619 Software ``specially designed'' for the ``development,''
``production,''
[[Page 34321]]
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
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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
TSR: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for 9D619.b. (2) Paragraph
(c)(2) of License Exception STA (Sec. 740.20(c)(2) of the EAR) may
not be used for any software in ECCN 9D619.
List of Items Controlled
Related Controls: Software directly related to articles enumerated
or otherwise described in USML Category XIX is subject to the
control of USML paragraph XIX(g).
Related Definitions: N/A
Items:
a. ``Software'' (other than software controlled in paragraph .b
of this entry) ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by ECCN 9A619 (except 9A619.y), ECCN 9B619 (except 9B619.y), or ECCN
9C619.
b. ``Software'' ``specially designed'' for the ``development''
or ``production'' of any of the following:
b.1. Front, turbine center, and exhaust frames;
b.2. Low pressure compressor (i.e., fan) ``components'' and
``parts'' as follows: nose cones, casings, blades, vanes, spools,
shrouds, blisks, shafts and disks;
b.3. High pressure compressor ``components'' and ``parts'' as
follows: casings, blades, vanes, spools, shrouds, blisks, shafts,
disks, and impellers;
b.4. Combustor ``components'' and ``parts'' as follows: casings,
fuel nozzles, swirlers, swirler cups, deswirlers, valve injectors,
igniters, diffusers, liners, chambers, cowlings, domes and shells;
b.5. High pressure turbine ``components'' and ``parts'' as
follows: casings, shafts, disks, blades, vanes, nozzles, and tip
shrouds;
b.6. Low pressure turbine ``components'' and ``parts'' as
follows: casings, shafts, disks, blades, vanes, nozzles, and tip
shrouds;
b.7. Augmentor ``components'' and ``parts'' as follows: casings,
flame holders, spray bars, pilot burners, augmentor fuel controls,
flaps (external, convergent, and divergent), guide and
syncronization rings, and flame detectors and sensors;
b.8. Mechanical ``components'' and ``parts'' as follows: fuel
metering units and fuel pump metering units, valves (fuel throttle,
main metering, oil flow management), heat exchangers (air/air, fuel/
air, fuel/oil), debris monitoring (inlet and exhaust), seals
(carbon, labyrinth, brush, balance piston, and knife-edge),
permanent magnetic alternator and generator, eddy current sensors;
b.9. Torquemeter assembly (i.e., housing, shaft, reference
shaft, and sleeve);
b.10. Digital engine control systems (e.g., Full Authority
Digital Engine Controls (FADEC) and Digital Electronic Engine
Controls (DEEC)) ``specially designed'' for gas turbine engines
controlled in this ECCN; or
b.11. Engine monitoring systems (i.e., prognostics, diagnostics,
and health) ``specially designed'' for gas turbine engines and
components controlled in this ECCN.
c. to x. [RESERVED]
y. Specific ``software'' ``specially designed'' for the
``development,'' ``production,'' operation, or maintenance of
commodities enumerated in ECCN 9A619.y or 9B619.y.
* * * * *
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.
License Requirement Note: The Commerce Country Chart is not
used for determining license requirements for ``technology''
classified ECCN 9E515.f. See Sec. 742.6(a)(9), which specifies that
such ``technology'' is subject to a worldwide license requirement.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
TSR: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for ECCN 9E515.b, .d, .e,
or .f unless determined by BIS to be eligible for License Exception
STA in accordance with Sec. 740.20(g) (License Exception STA
eligibility requests for certain 9x515 and ``600 series'' items).
(2) Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2) of
the EAR) may not be used for any ``technology'' in 9E515.
List of Items Controlled
Related Controls: Technical data directly related to articles
enumerated in USML Category XV are subject to the control of USML
paragraph XV(f). See also ECCNs 3E001, 3E003, 6E001, and 6E002 for
specific ``space-qualified'' items. See ECCNs 9E001 and 9E002 for
technology for the International Space Station, the James Webb Space
Telescope (JWST) and ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' therefor. See USML category
XV(f) for controls on technical data and defense services related to
launch vehicle integration.
Related Definitions: N/A
Items:
a. ``Technology'' ``required'' for the ``development,''
``production,'' installation, repair (including on-orbit anomaly
resolution and analysis beyond established procedures), overhaul, or
refurbishing of commodities controlled by ECCN 9A515 (except
9A515.a.1, .a.2, .a.3, .a.4, .b, .d, .e, or .g), ECCN 9B515, or
``software'' controlled by ECCN 9D515.a.
b. ``Technology'' ``required'' for the ``development,''
``production,'' failure analysis or anomaly resolution of software
controlled by ECCN 9D515.b.
c. [Reserved]
d. ``Technology'' ``required'' for the ``development,''
``production,'' operation, failure analysis or anomaly resolution of
commodities controlled by ECCN 9A515.d.
e. ``Technology'' ``required'' for the ``development,''
``production,'' failure analysis or anomaly resolution of
commodities controlled by ECCN 9A515.e.
f. ``Technology'' ``required'' for the ``development,''
``production,'' installation, repair (including on-orbit anomaly
resolution and analysis beyond established procedures), overhaul, or
refurbishing of commodities controlled by ECCN 9A515.a.1, .a.2,
.a.3, .a.4, or .g.
g. through x. [Reserved]
y. Specific ``technology'' ``required'' for the ``production,''
``development,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities or software enumerated in
ECCN 9A515.y or 9D515.y.
Note 1:
[RESERVED]
Note 2:
Activities and technology/technical data directly related to or
required for the
[[Page 34322]]
spaceflight (e.g., sub-orbital, orbital, lunar, interplanetary, or
otherwise beyond Earth orbit) passenger or participant experience,
regardless of whether the passenger or participant experience is for
space tourism, scientific or commercial research, commercial
manufacturing/production activities, educational, media, or
commercial transportation purposes, are not subject to the ITAR or
the EAR. Such activities and technology/technical data include those
directly related to or required for:
(i) ``Spacecraft'' access, ingress, and egress, including the
operation of all ``spacecraft'' doors, hatches, and airlocks;
(ii) physiological training (e.g., human-rated centrifuge
training or parabolic flights, pressure suit or spacesuit training/
operation);
(iii) medical evaluation or assessment of the spaceflight
passenger or participant;
(iv) training for and operation by the passenger or participant
of health and safety related hardware (e.g., seating, environmental
control and life support, hygiene facilities, food preparation,
exercise equipment, fire suppression, communications equipment,
safety-related clothing or headgear) or emergency procedures;
(v) viewing of the interior and exterior of the spacecraft or
terrestrial mock-ups;
(vi) observing ``spacecraft'' operations (e.g., pre-flight
checks, landing, in-flight status);
(vii) training in ``spacecraft'' or terrestrial mock-ups for
connecting to or operating passenger or participant equipment used
for purposes other than operating the ``spacecraft''; or
(viii) donning, wearing or utilizing the passenger's or
participant's flight suit, pressure suit or spacesuit, and personal
equipment.
* * * * *
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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
TSR: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for 9E610.b. (2) Paragraph
(c)(2) of License Exception STA (Sec. 740.20(c)(2) of the EAR) may
not be used for any technology in 9E610.
List of Items Controlled
Related Controls: Technical data directly related to articles
enumerated or otherwise described in USML Category VIII are subject
to the control of USML paragraph VIII(i).
Related Definitions: N/A
Items:
a. ``Technology'' (other than technology controlled by
paragraphs .b or .y of this entry) ``required'' for the
``development,'' ``production,'' operation, installation,
maintenance, repair, overhaul, or refurbishing of commodities or
software controlled by ECCN 9A610, 9B610, 9C610, or 9D610.
Note: ``Build-to-print technology'' ``required'' for the
``production'' of items described in paragraphs b.1 through b.15 of
this entry is classified under 9E610.a.
b. ``Technology'' (other than ``build-to-print technology'')
``required'' for the ``development'' or ``production'' of any of the
following:
b.1. Static structural members;
b.2. Exterior skins, removable fairings, non-removable fairings,
radomes, access doors and panels, and in-flight opening doors;
b.3. Control surfaces, leading edges, trailing edges, and
leading edge flap seals;
b.4. Leading edge flap actuation system commodities (i.e., power
drive units, rotary geared actuators, torque tubes, asymmetry
brakes, position sensors, and angle gearboxes) ``specially
designed'' for fighter, attack, or bomber aircraft controlled in
USML Category VIII;
b.5. Engine inlets and ducting;
b.6. Fatigue life monitoring systems ``specially designed'' to
relate actual usage to the analytical or design spectrum and to
compute amount of fatigue life ``specially designed'' for aircraft
controlled by either USML subcategory VIII(a) or ECCN 9A610.a,
except for Military Commercial Derivative Aircraft;
b.7. Landing gear, and ``parts'' and ``components'' ``specially
designed'' therefor, ``specially designed'' for use in aircraft
weighing more than 21,000 pounds controlled by either USML
subcategory VIII(a) or ECCN 9A610.a, except for Military Commercial
Derivative Aircraft;
b.8. Conformal fuel tanks and ``parts'' and ``components''
``specially designed'' therefor;
b.9. Electrical ``equipment,'' ``parts,'' and ``components''
``specially designed'' for electro-magnetic interference (EMI)--
i.e., conducted emissions, radiated emissions, conducted
susceptibility and radiated susceptibility--protection of aircraft
that conform to the requirements of MIL-STD-461;
b.10. HOTAS (Hand-on Throttle and Stick) controls, HOCAS (Hands
on Collective and Stick), Active Inceptor Systems (i.e., a
combination of Active Side Stick Control Assembly, Active Throttle
Quadrant Assembly, and Inceptor Control Unit), rudder pedal
assemblies for digital flight control systems, and parts and
components ``specially designed'' therefor;
b.11. Integrated Vehicle Health Management Systems (IVHMS),
Condition Based Maintenance (CBM) Systems, and Flight Data
Monitoring (FDM) systems;
b.12. Equipment ``specially designed'' for system prognostic and
health management of aircraft;
b.13. Active Vibration Control Systems;
b.14. Self-sealing fuel bladders ``specially designed'' to pass
a .50 caliber or larger gunfire test (MIL-DTL-5578, MIL-DTL-27422);
or
b.15. Technology ``required'' for the ``development'' or
``production'' of ``parts'' or ``components'' controlled in 9A610.x
and ``specially designed'' for damage or failure-adaptive flight
control systems controlled in Category VIII(h)(7) of the USML.
c. through x. [Reserved]
y. Specific ``technology'' ``required'' for the ``production,''
``development,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities or software enumerated in
ECCN 9A610.y or 9D610.y.
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.
[[Page 34323]]
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.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
TSR: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for 9E619.b. or .c. (2)
Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2) of the
EAR) may not be used for any technology in ECCN 9E619.
List of Items Controlled
Related Controls: Technical data directly related to articles
enumerated or otherwise described in USML Category XIX are subject
to the control of USML Category XIX(g).
Related Definitions: N/A
Items:
a. ``Technology'' (other than ``technology'' controlled by
paragraphs .b and .c of this entry) ``required'' for the
``development,'' ``production,'' operation, installation,
maintenance, repair, overhaul, or refurbishment of items controlled
by ECCN 9A619 (except 9A619.y), ECCN 9B619 (except 9B619.y), ECCN
9C619, or ECCN 9D619 (except 9D619.y).
Note: ``Build-to-print technology'' ``required'' for the
``production'' of items described in paragraphs b.1 through b.10 of
this entry is classified under 9E619.a.
b. ``Technology'' (other than ``build-to-print technology'')
``required'' for the ``development'' or ``production'' of any of the
following:
b.1. Front, turbine center, and exhaust frames;
b.2. Low pressure compressor (i.e., fan) ``components'' and
``parts'' as follows: Nose cones and casings;
b.3. High pressure compressor ``components'' and ``parts'' as
follows: Casings;
b.4. Combustor ``components'' and ``parts'' as follows: Casings,
fuel nozzles, swirlers, swirler cups, deswirlers, valve injectors,
and igniters;
b.5. High pressure turbine ``components'' and ``parts'' as
follows: Casings
b.6. Low pressure turbine ``components'' and ``parts'' as
follows: Casings;
b.7. Augmentor ``components'' and ``parts'' as follows: Casings,
flame holders, spray bars, pilot burners, augmentor fuel controls,
flaps (external, convergent, and divergent), guide and
syncronization rings, and flame detectors and sensors;
b.8. Mechanical ``components'' and ``parts'' as follows: Fuel
metering units and fuel pump metering units, valves (fuel throttle,
main metering, oil flow management), heat exchangers (air/air, fuel/
air, fuel/oil), debris monitoring (inlet and exhaust), seals
(carbon, labyrinth, brush, balance piston, and ``knife-edge''),
permanent magnetic alternator and generator, eddy current sensors;
b.9. Torquemeter assembly (i.e., housing, shaft, reference
shaft, and sleeve); or
b.10. Materials controlled by ECCN 9C619.b.
c. ``Technology'' ``required'' for the ``development'' or
``production'' of any of the following:
c.1. Low pressure compressor (i.e., fan) ``components'' and
``parts'' as follows: blades, vanes, spools, shrouds, blisks, shafts
and disks;
c.2. High pressure compressor ``components'' and ``parts'' as
follows: blades, vanes, spools, shrouds, blisks, shafts, disks, and
impellers;
c.3. Combustor ``components'' and ``parts'' as follows:
diffusers, liners, chambers, cowlings, domes and shells;
c.4. High pressure turbine ``components'' and ``parts'' as
follows: shafts and disks, blades, vanes, nozzles, tip shrouds;
c.5. Low pressure turbine ``components'' and ``parts'' as
follows: shafts and disks, blades, vanes, nozzles, tip shrouds;
c.6. Digital engine control systems (e.g., Full Authority
Digital Engine Controls (FADEC) and Digital Electronic Engine
Controls (DEEC)) ``specially designed'' for gas turbine engines
controlled in this ECCN; or
c.7. Engine monitoring systems (i.e., prognostics, diagnostics,
and health) ``specially designed'' for gas turbine engines and
components controlled in this ECCN.
d. through x. [Reserved]
y. Specific ``technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishment of commodities controlled by 9A619.y or
9B619.y, or ``software'' controlled by ECCN 9D619.y.
Dated: May 1, 2020.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2020-09717 Filed 6-2-20; 8:45 am]
BILLING CODE 3510-33-P
