Export Control Revisions for Australia, United Kingdom, United States (AUKUS) Enhanced Trilateral Security Partnership, 28594-28603 [2024-08446]

Agencies

• DEPARTMENT OF COMMERCE
• Bureau of Industry and Security

[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Rules and Regulations]
[Pages 28594-28603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08446]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 734, 738, 740, 742, 743, 744, 754, 758, 772, 774

[Docket No. 240415-0109]
RIN 0694-AJ58


Export Control Revisions for Australia, United Kingdom, United 
States (AUKUS) Enhanced Trilateral Security Partnership

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Interim final rule.

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SUMMARY: With this interim final rule (IFR), the Bureau of Industry and 
Security (BIS) amends the Export Administration Regulations (EAR) to 
remove license requirements, expand the availability of license 
exceptions, and reduce the scope of end-use and end-user-based license 
requirements for exports, reexports, and transfers (in-country) to or 
within Australia and the United Kingdom (UK) to enhance technological 
innovation among the three countries and support the goals of the AUKUS 
Trilateral Security Partnership.

DATES: This rule is effective April 19, 2024. Comments must be received 
by BIS no later than June 3, 2024.

ADDRESSES: Comments on this rule may be submitted to the Federal 
rulemaking portal (www.regulations.gov). The regulations.gov ID for 
this rule is: BIS-2024-0019. Please refer to RIN 0694-AJ58 in all 
comments.
    All filers using the portal should use the name of the person or 
entity submitting the comments as the name of their files, in 
accordance with the instructions below. Anyone submitting business 
confidential information should clearly identify the business 
confidential portion at the time of submission, file a statement 
justifying nondisclosure and referring to the specific legal authority 
claimed, and provide a non-confidential version of the submission.
    For comments submitted electronically containing business 
confidential information, the file name of the business confidential 
version should begin with the characters ``BC.'' Any page containing 
business confidential information must be clearly marked ``BUSINESS 
CONFIDENTIAL'' on the top of that page. The corresponding non-
confidential version of those comments must be clearly marked 
``PUBLIC.'' The file name of the non-confidential version should begin 
with the character ``P.'' Any submissions with file names that do not 
begin with either a ``BC'' or a ``P'' will be assumed to be public and 
will be made publicly available through https://www.regulations.gov. 
Commenters submitting business confidential information are encouraged 
to scan a hard copy of the non-confidential version to create an image 
of the file, rather than submitting a digital copy with redactions 
applied, to avoid inadvertent redaction errors which could enable the 
public to read business confidential information.

FOR FURTHER INFORMATION CONTACT: For questions on this rule, contact 
Philip Johnson at [email protected] or (202) 482-2440.

SUPPLEMENTARY INFORMATION:

Background

    BIS is amending the EAR (15 CFR parts 730-774), by revising the 
license requirements for items being exported, reexported, or 
transferred (in-country) to or within Australia and the UK. Background 
regarding these changes is detailed below.

AUKUS Trilateral Security Partnership

    On September 15, 2021, the leaders of Australia, the UK, and the 
United States

[[Page 28595]]

announced their ``resolve to deepen diplomatic, security, and defense 
cooperation in the Indo-Pacific region, including by working with 
partners, to meet the challenges of the twenty-first century'' by 
creating AUKUS, an enhanced trilateral security partnership. Through 
AUKUS, partner governments are strengthening each other's ability to 
support their collective security and defense interests, building on 
longstanding and ongoing bilateral ties. AUKUS implementation promotes 
deeper information and technology sharing, while fostering integration 
of security and defense-related science, technology, industrial bases, 
and supply chains. In particular, AUKUS significantly enhances 
cooperation on a range of security and defense capabilities, many of 
which are detailed below. AUKUS is part of a broader U.S. Government 
effort to fortify international alliances and partnerships in mutually 
reinforcing ways across issues and continents. It is one of multiple 
partnerships that the United States is pursuing, enhancing cooperation 
on security issues in the Indo-Pacific region and around the world.
    As it currently stands, AUKUS consists of two main pillars, Pillar 
I and Pillar II. Pillar I focuses on trilateral submarine cooperation. 
Pillar II has a wider scope than Pillar I because it focuses initial 
partner collaboration efforts on advanced capabilities in the following 
areas: (1) advanced cyber, artificial intelligence (AI), and autonomy; 
(2) quantum technologies; (3) hypersonic and counter-hypersonic 
capabilities; (4) electronic warfare; (5) innovation; (6) information 
sharing; and (7) additional undersea capabilities. Recognizing the deep 
defense ties built over decades, the three partner nations endeavor to 
streamline their collective defense collaboration while strengthening 
the ability to protect the sensitive technologies that underpin 
national security on these topics. It should be noted that the AUKUS 
partnership will continue to evolve. The technologies and areas of 
cooperation highlighted above are illustrative, not exhaustive, and are 
referenced here to highlight how license-free exports of certain items 
facilitated by the changes in this rule directly support not only the 
AUKUS partnership, but general defense trade and innovation between and 
among the AUKUS nations.

Export Control Cooperation With the UK and Australia

    On December 22, 2023, President Biden signed the National Defense 
Authorization Act (NDAA) for Fiscal Year 2024, Public Law 118-31, which 
enacted provisions related to streamlining defense trade between and 
among the United States, UK, and Australia, provided certain conditions 
are met. The Department of State has purview over the implementation of 
the new authorities provided through the NDAA's revisions to the Arms 
Export Control Act. Separately, to support the United States' broader 
defense trade and technology cooperation with the AUKUS partners, BIS 
is issuing this rule to remove certain license requirements under the 
EAR.
    The UK and Australia are two of the United States' closest allies, 
with longstanding collective defense arrangements. They are also 
members of all four multilateral export control regimes (i.e., the 
Wassenaar Arrangement on Export Controls for Conventional Arms and 
Related Dual-Use Goods and Technologies, Australia Group, Nuclear 
Suppliers Group, and Missile Technology Control Regime (MTCR)) and are 
also members of the Global Export Controls Coalition (GECC) of 
governments that have substantially aligned on export control measures 
in response to Russia's illegal war against Ukraine (see supplement no. 
3 to part 746 of the EAR). The UK and Australia have robust export 
control systems and have taken additional measures in recent months to 
enhance technology protection and promote secure trade. Specifically, 
in December 2023, the United Kingdom's National Security Act 2023 came 
into force, providing for inter alia enhanced protections against the 
unauthorized disclosure of certain defense-related information. In 
March 2024, the Australian Parliament passed the Defence Trade Controls 
Amendment Act 2024 and the Safeguarding Australia's Military Secrets 
Act 2024, providing for inter alia controls on the reexport of items 
originally exported from Australia, and disclosures of controlled 
technology to certain foreign persons within Australia, as well as 
controls on the provision of defense services. Following their passage 
in their respective parliaments, the UK and Australian actions received 
royal assent. These actions highlight the UK's and Australia's 
commitment to implementing robust export controls and technology 
protection measures. Accordingly, this rule significantly streamlines 
many license requirements under the EAR for exports, reexports, and 
transfers (in-country) to and within the UK and Australia.

Regulatory Changes

    With this rule, Australia and the UK will have nearly the same 
licensing treatment under the EAR as Canada. The liberal licensing 
treatment of items destined to Canada was made possible in part because 
Canada is included in the National Technology and Industrial Base 
(NTIB) (as defined in 10 U.S.C. 4801(1)). In 2017, this definition was 
broadened to include the UK and Australia. Accordingly, the regulatory 
changes in this rule not only advance the goals of the AUKUS Enhanced 
Trilateral Security Partnership, but also further align treatment of 
the UK and Australia under the EAR with fellow NTIB member Canada. This 
rule makes six primary export control policy changes as well as several 
minor conforming changes to further align the treatment of Australia, 
Canada, and the UK under the EAR.
    The first three changes involve the removal of list-based license 
requirements for exports, reexports, and transfers (in-country) to 
Australia and the UK. Specifically, BIS is removing license 
requirements for national security column 1 (NS1), regional stability 
column 1 (RS1), and missile technology column 1 (MT1) reasons for 
control for the destinations of Australia and the UK. As Australia and 
the UK are not currently subject to NS2 or RS2 controls, with this rule 
all Commerce Country Chart-based NS and RS controls are removed for 
these countries. As detailed above, the AUKUS partners are among the 
closest allies of the United States and have similar export control and 
technology protection systems in place, mitigating the risk of misuse 
or diversion of license-free exports, reexports, and transfers of NS1, 
RS1, and MT1 items to and within these destinations. To facilitate this 
change, the Xs are being removed from the Country Chart (supplement no. 
1 to part 738) for NS1, RS1, and MT1 for Australia and the UK. 
Corresponding to the Commerce Country Chart, provisions in part 742 of 
the EAR that specify the license requirements for NS, MT, and RS 
reasons (Sec. Sec.  742.4(a), .5(a), and .6(a), respectively) are 
revised in order to fully remove the license for Australia and the UK.
    With these changes, ``600 series'' items, which are generally items 
on the Wassenaar Arrangement Munitions List, will no longer require a 
license to Australia or the UK. In addition, items controlled under the 
EAR for missile technology reasons consistent with the MTCR Annex will 
also no longer require a license to Australia or the UK. Finally, 
except for those items requiring a license to all destinations 
worldwide pursuant to Sec.  742.6(a)(9), many 9x515 satellite-related 
items will no longer require a license to Australia or the UK.

[[Page 28596]]

These changes will significantly reduce the volume of BIS licenses for 
exports, reexports, and transfers to and within Australia and the UK, 
as BIS previously issued over 1,800 licenses per year for such items to 
Australia and the UK.
    The fourth policy change is consistent with the general RS1 
removal. BIS maintains a special RS Column 1 license requirement in 
Sec.  742.6(a)(3) applicable to military commodities described under 
ECCN 0A919. Specifically, the special RS1 control required a license 
for reexports to all destinations except Canada for items classified 
under ECCN 0A919 except when such items are being reexported as part of 
a military deployment by a unit of the government of a country in 
Country Group A:1 (see supplement no. 1 to part 740 of the EAR) or the 
United States. This final rule will remove license requirements for 
0A919 items to Australia and the UK, further aligning their treatment 
with Canada. As licenses for ECCN 0A919 items will no longer be 
required to the two countries under Sec.  744.9(a)(1)(iii), this rule 
also removes footnote 3 on the Country Chart from Australia and the UK, 
which highlighted that a license was required for these items to those 
destinations.
    Fifth, BIS is removing military end-use and end-user-based license 
requirements for exports, reexports, and transfers (in-country) of 
certain cameras, systems, or related components detailed under Sec.  
744.9(a)(1)(i) and (a)(1)(iii) of the EAR. Paragraph (a)(1)(i) of Sec.  
744.9 pertains to commodities described in ECCN 6A003.a.3, 6A003.a.4, 
or 6A003.a.6 that will be or are intended to be used by a `military 
end-user,' as defined in Sec.  744.9(d); paragraph (a)(1)(iii) pertains 
to commodities described in ECCNs 0A504 (incorporating commodities 
controlled by ECCNs 6A002 or 6A003, or commodities controlled by 
6A993.a that meet the criterion of Note 3.a to 6A003.b.4), 6A002, 
6A003, or 6A993.a (having a maximum frame rate equal to or less than 9 
Hz and thus meeting the criteria of Note 3.a to 6A003.b.4), or 8A002.d 
that will be or are intended to be incorporated into a ``military 
commodity'' controlled by ECCN 0A919. Prior to this rule, the only 
exception to the requirements under these paragraphs was to Canada. 
With the publication of this rule, the exception now applies to 
Australia, Canada, and the UK.
    Finally, BIS is revising its treatment of significant items (SI) 
(i.e., hot section technology for the development, production or 
overhaul of commercial aircraft engines, components, and systems) 
controlled under ECCN 9E003.a.1 through a.6, a.8, .h, .i, and .l, and 
related controls to allow these items to be exported, reexported, or 
transferred (in-country) to or within Australia and the UK without a 
license, consistent with the current exception for Canada. This 
provision is in Sec.  742.14(a).
    In addition to the major policy changes discussed above, the 
broader alignment of controls on Australia, Canada, and the UK under 
the EAR requires additional minor policy changes. These changes are as 
follows:
    1. Under Sec.  734.17(c)(1), precautions for internet transfers of 
products eligible for export under Sec.  740.17(b)(2) shall include 
such measures as an access control system that, either through 
automated means or human intervention, checks the address of every 
system outside of the U.S. or Canada to check against transfers to 
foreign government end users, is edited to include Australia and the UK 
within the list of countries exempted from the required measures;
    2. Under Sec. Sec.  740.15, 740.16, and 740.17 (License Exceptions 
Aircraft, Vessels and Spacecraft (AVS), Additional Permissive Reexports 
(APR), and Encryption Commodities, Software, and Technology (ENC), 
respectively), BIS is expanding the explicit applicability of these 
License Exceptions for use to Australia, Canada, and the UK;
    3. Under Sec.  742.2(a)(1), a license was required to all 
destinations, including Canada, for CB Column 1 items; with the 
publication of this rule the countries exempt from the license 
requirement is expanded to include Australia and the UK in the list for 
clarity, although the revision does not change existing license 
requirements;
    4. Under Sec.  742.7(a)(4), Canada remains exempted from certain 
crime control related license requirements for non-firearms items, but 
the text has been edited to read ``Canada only'' as these items are not 
available without a license to Australia and the UK;
    5. Under Sec.  742.13(a)(1), Canada is mentioned as requiring a 
license for certain communications intercepting devices, with the 
publication of this rule, this phrase now includes Australia and the UK 
for clarity, although the revision does not change existing license 
requirements;
    6. Under Sec.  742.18(a)(1), Canada is mentioned as requiring a 
license under the Chemical Weapons Convention; with the publication of 
this rule, this phrase now includes Australia and the UK for clarity 
although the revision does not change existing license requirements;
    7. Under Sec.  743.3(b), BIS is exempting Australia and the UK 
alongside Canada from unilateral reporting requirements for thermal 
imaging camera transactions;
    8. Under Sec. Sec.  754.3(a), .4(a), and .5(a), a license is 
required for short supply reasons for control for certain items, 
including to Canada; these phrases now include Australia and the UK for 
clarity without changing existing license requirements;
    9. Under Sec.  758.1(b)(3), (6), and (9), BIS requires certain 
transactions involving Canada to be reported in Electronic Export 
Information (EEI) filings, and these paragraphs now include Australia 
and the UK for clarity without changing existing EEI filing 
requirements; and
    10. Under Sec.  758.11(a), which covers the scope of export 
clearance requirements for firearms and related items, BIS now includes 
Australia and the UK alongside Canada for clarity as destinations to 
which certain clearance requirements continue to pertain.
    Among other things, license exception Aircraft, Vessels, and 
Spacecraft (AVS) treats exports to Canadian airlines in most 
destinations as an export to Canada. Since MT1 items do not require a 
license for export to Canada, the primary impact of this AVS 
eligibility is that Canadian airlines in most destinations may receive 
MT1 items as spare parts. Consistent with the removal in this rule of 
MT1 license requirements for the UK and Australia, and as discussed 
above, BIS is adding AVS eligibility for Australian and United Kingdom 
airlines to receive such items in most destinations. As a conforming 
change, BIS is creating two new definitions for what constitutes an 
``Australian airline'' and ``United Kingdom (or UK) airline.'' These 
two definitions are added to Sec.  772.1 and mirror the definition of 
``Canadian airline.'' Both definitions state that an Australian or UK 
airline is a citizen of that destination who is authorized by their 
respective government to engage in business as an airline. The 
definitions then define, for purposes of these defined terms only, what 
it means to be a citizen of these countries, including firms 
incorporated or otherwise organized in a state or territory for 
Australia and a country or territory for the UK. To ensure alignment 
across these definitions, BIS is adding the term territory under the 
existing definition for a ``Canadian airline,'' which will now include 
firms incorporated or otherwise organized in Canadian provinces or 
territories.
    Furthermore, BIS notes one particular license requirement that will 
remain unchanged as a result of this rule. Under

[[Page 28597]]

the EAR, firearms-related items and other CC controlled items in ECCNs 
0A501 (except 0A501.y), 0A502, 0A503, 0A504, 0A505. a, .b, and .x, 
0A981, 0A982, 0A983, 0D501, 0D505, 0E501, 0E502, 0E504, 0E505, and 
0E982 will continue to require a license when destined to and among the 
UK and Australia. This license requirement mirrors the license 
requirement for firearms-related items in ECCNs 0A501 (except 0A501.y), 
0A502, 0A504 (except 0A504.f), and 0A505 (except 0A505.d) destined to 
Canada. Prior to this IFR, license requirements for these items to the 
UK and Australia were implemented through NS1/RS1 reasons for control. 
Since these license requirements are removed for the UK and Australia 
in this rule, BIS is adding a footnote to the Commerce Country Chart 
for the UK and Australia, which indicates that a license is still 
required for these 0x5zz firearms-related items to those two countries. 
This does not change the scope of the license requirements for these 
items to the UK and Australia that applied prior to the effective date 
of this rule.

Request for Public Comments

    To ensure that the export control revisions implemented in this 
rule advance AUKUS objectives, BIS requests comments on the impacts of 
these changes. BIS also requests comments on additional revisions to 
the EAR that would further enhance defense industrial base cooperation 
and technology innovation with Australia and the United Kingdom. In 
particular, BIS is not removing license requirements to Australia and 
the UK in this IFR for encryption items (EI) in Sec.  742.15(a)(1) of 
the EAR. BIS notes that license exceptions such as encryption 
commodities, software, and technology (ENC) and authorized 
cybersecurity exports (ACE) are currently available for exports, 
reexports, and transfers (in-country) of such items to and within 
Australia and the UK, subject to certain conditions. BIS welcomes 
comments on the potential impact of removing EI licensing requirements 
for Australia and the UK.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S. 
McCain National Defense Authorization Act for Fiscal Year 2019, which 
included the Export Control Reform Act of 2018 (ECRA), 50 U.S.C. 4801-
4852. ECRA, as amended, provides the legal basis for BIS's principal 
authorities and serves as the authority under which BIS issues this 
rule.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This final rule has been designated a ``significant 
regulatory action'' under Executive Order 12866.
    2. Notwithstanding any other provision of law, no person may be 
required to respond to, or be subject to a penalty for failure to 
comply with, a collection of information, subject to the requirements 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), 
unless that collection of information displays a currently valid Office 
of Management and Budget (OMB) Control Number. This regulation involves 
a collection currently approved by OMB under control number 0694-0088, 
Simplified Network Application Processing System. This collection 
includes, among other things, license applications and commodity 
classification, and carries a burden estimate of 29.4 minutes for a 
manual or electronic submission for a total burden estimate of 38,826 
hours. BIS expects license application submissions to decrease by 
approximately 1,800 applications annually, for a total decrease in 
burden estimate under this collection of approximately 882 hours.
    3. This rule does not contain policies with federalism implications 
as that term is defined under Executive Order 13132.
    4. Pursuant to Section 1762 of ECRA (50 U.S.C. 4821), this action 
is exempt from the Administrative Procedure Act (APA) (5 U.S.C. 553) 
requirements for notice of proposed rulemaking, opportunity for public 
participation and delay in effective date. Additionally, this rule is 
exempt from the ordinary rulemaking requirements of the APA pursuant to 
5 U.S.C. 553(a)(1) as a military or foreign affairs function of the 
United States Government.
    5. Because neither the APA nor any other law requires that notice 
of proposed rulemaking and an opportunity for public comment be given 
for this rule, the analytical requirements of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, 
no Final Regulatory Flexibility Analysis is required and none has been 
prepared.

List of Subjects

15 CFR Part 734

    Administrative practice and procedure, Exports, Inventions and 
patents, Research, Science and technology.

15 CFR Part 738

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements.

15 CFR Part 740

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements.

15 CFR Part 742

    Exports and Terrorism.

15 CFR Part 743

    Administrative practice and procedure, Reporting and recordkeeping 
requirements.

15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

15 CFR Part 754

    Agricultural commodities, Exports, Forests and forest products, 
Horses, Petroleum, Reporting and recordkeeping requirements.

15 CFR Part 758

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements.

15 CFR Part 772

    Exports.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, parts 734, 738, 740, 742, 743, 744, 754, 758, 772, and 
774 of the Export Administration Regulations (15 CFR parts 730-774) are 
amended as follows:

PART 734--SCOPE OF THE EXPORT ADMINISTRATION REGULATIONS

0
1. The authority citation for 15 CFR part 734 continues to read as 
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 
CFR, 2001 Comp., p. 783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp., 
p. 223; Notice of November 8, 2022, 87 FR 68015 (November 10, 2022).


[[Page 28598]]



0
2. Revise Sec.  734.17(c)(1) to read as follows:


Sec.  734.17   Export of encryption source code and object code 
software.

    (c) * * *
    (1) The access control system, either through automated means or 
human intervention, checks the address of every system outside of the 
U.S., Australia, Canada, or the United Kingdom requesting or receiving 
a transfer and verifies such systems do not have a domain name or 
internet address of a foreign government end-user (e.g., ``.gov,'' 
``.gouv,'' ``.mil'' or similar addresses);
* * * * *

PART 738--COMMERCE CONTROL LIST OVERVIEW AND THE COUNTRY CHART

0
3. The authority citation for 15 CFR part 738 continues to read as 
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C. 
287c; 22 U.S.C. 2151 note; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 
42 U.S.C. 2139a; 15 U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et 
seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783.


0
4. In supplement no. 1 to part 738, revise the entries for Australia 
and the United Kingdom and add footnote 9 as follows:

Supplement No. 1 to Part 738--Commerce Country Chart

* * * * *

                                                                                     Commerce Country Chart
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Chemical & biological       Nuclear         National      Missile      Regional       Firearms      Crime control         Anti-
                                                                     weapons         nonproliferation     security        tech       stability     convention ---------------------   terrorism
                         Countries                          --------------------------------------------------------------------------------------------------                     -------------
                                                              CB 1    CB 2    CB 3     NP 1     NP 2    NS 1    NS 2      MT 1     RS 1    RS 2       FC 1      CC 1   CC 2   CC 3   AT 1   AT 2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                                          * * * * * * *
Australia \9\..............................................       X
 
                                                                                          * * * * * * *
United Kingdom \9\.........................................       X
 
                                                                                          * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    \9\ A license is required to these destinations for items in the 
following ECCNs: 0A501 (except 0A501.y), 0A502, 0A503, 0A504, 
0A505.a, .b, and .x, 0D501, 0D505, 0E501, 0E502, 0E504, and 0E505.

PART 740--LICENSE EXCEPTIONS

0
5. The authority citation for 15 CFR part 740 continues to read as 
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 
2001 Comp., p. 783.


0
6. Amend Sec.  740.15 by revising the introductory text and paragraph 
(c)(1) introductory text, and revising and republishing paragraph 
(c)(2) to read as follows:


Sec.  740.15   Aircraft, vessels and spacecraft (AVS).

    This License Exception authorizes departure from the United States 
of foreign registry civil aircraft on temporary sojourn in the United 
States and of U.S. civil aircraft for temporary sojourn abroad; the 
export of equipment and spare parts for permanent use on a vessel or 
aircraft; exports to vessels or planes of U.S., Australian, Canadian, 
or UK (the United Kingdom) registry and U.S., Australian, Canadian, or 
UK Airlines' installations or agents; the export or reexport of cargo 
that will transit Cuba on an aircraft or vessel on temporary sojourn; 
and the export of spacecraft and components for fundamental research. 
Generally, no License Exception symbol is necessary for export 
clearance purposes; however, when necessary, the symbol ``AVS'' may be 
used.
* * * * *
    (c) Shipments to U.S., Australian, Canadian, or UK vessels, planes 
and airline installations or agents--(1) Exports to vessels or planes 
of U.S., Australian, Canadian, or UK registry. Export may be made of 
the commodities set forth in paragraph (c)(3) of this section, for use 
by or on a specific vessel or plane of U.S., Australian, Canadian, or 
UK registry located at any seaport or airport outside the United 
States, Australia, Canada, or the UK except a port in Cuba or Country 
Group D:1 (excluding the PRC), (see supplement no. 1 to part 740) 
provided that such commodities are all of the following: \3\
* * * * *
    (2) Exports to U.S., Australian, Canadian, or UK airline's 
installation or agent. Exports of the commodities set forth in 
paragraph (c)(3) of this section, except fuel, may be made to a U.S., 
Australian, Canadian, or UK airline's \4\ installation or agent in any 
foreign destination except Cuba or Country Group D:1 (excluding the 
PRC), (see supplement no. 1 to part 740) provided such commodities are 
all of the following:
    (i) Ordered by a U.S., Australian, Canadian, or UK airline and 
consigned to its own installation or agent abroad;
    (ii) Intended for maintenance, repair, or operation of aircraft 
registered in either the U.S., Australia, Canada, or UK and necessary 
for the aircraft's proper operation, except where such aircraft is 
located in, or owned, operated or controlled by, or leased or chartered 
to, Cuba or Country Group D:1 (excluding the PRC) (see supplement no. 1 
to part 740) or a national of such country;
    (iii) In usual and reasonable kinds and quantities; and
    (iv) Shipped as cargo for which Electronic Export Information (EEI) 
is filed to the Automated Export System (AES) in accordance with the 
requirements of the Foreign Trade Regulations (FTR) (15 CFR part 30), 
except EEI is not required to be filed when any of these commodities is 
exported by U.S. airlines to their own installations and agents abroad 
for use in their aircraft operations, see 15 CFR 30.37(o) of the FTR.
* * * * *
    \3\ Where a license is required, see Sec. Sec.  748.1, 748.4 and 
748.6 of the EAR.
    \4\ See part 772 of the EAR for definitions of United States, 
Australia, Canadian, and UK airlines.


0
7. Revise Sec.  740.16(d) and (f) to read as follows:


Sec.  740.16   Additional permissive reexports (APR).

* * * * *
    (d) Reexports of any item from Australia, Canada, or the United 
Kingdom that, at the time of reexport,

[[Page 28599]]

may be exported directly from the United States to the new country of 
destination under any License Exception.
* * * * *
    (f) Reexports from a foreign destination to Australia, Canada, or 
the United Kingdom of any item if the item could be exported to 
Australia, Canada, or the United Kingdom without a license.
* * * * *

0
8. Amend Sec.  740.17 by revising paragraphs (e)(1) introductory text, 
(e)(1)(i) and (e)(iii)(C) to read as follows:


Sec.  740.17   Encryption commodities, software, and technology (ENC).

* * * * *
    (e) Reporting requirements--(1) Semiannual reporting requirement. 
Semiannual reporting is required for exports to all destinations other 
than Australia, Canada, or the United Kingdom, and for reexports from 
Australia, Canada, or the United Kingdom for items described under 
paragraphs (b)(2) and (b)(3)(iii) of this section. Certain encryption 
items and transactions are excluded from this reporting requirement 
(see paragraph (e)(1)(iii) of this section). For information about what 
must be included in the report and submission requirements, see 
paragraphs (e)(1)(i) and (ii) of this section, respectively.
    (i) Information required. Exporters must include, for each item, 
the Commodity Classification Automated Tracking System (CCATS) number 
and the name of the item(s) exported (or reexported from Australia, 
Canada, or the United Kingdom), and the following information in their 
reports:
    (A) Distributors or resellers. For items exported (or reexported 
from Australia, Canada, or the United Kingdom) to a distributor or 
other reseller, including subsidiaries of U.S. firms, the name and 
address of the distributor or reseller, the item and the quantity 
exported or reexported and, if collected by the exporter as part of the 
distribution process, the end user's name and address;
    (B) Direct sales. For items exported (or reexported from Australia, 
Canada, or the United Kingdom) through direct sale, the name and 
address of the recipient, the item, and the quantity exported; or
    (C) Foreign manufacturers and products that use encryption items. 
For exports (i.e., from the United States) or direct transfers (e.g., 
by a ``U.S. subsidiary'' located outside the United States) of 
encryption components, source code, general purpose toolkits, equipment 
controlled under ECCN 5B002, technology, or items that provide an 
``open cryptographic interface,'' to a foreign developer or 
manufacturer headquartered in a country not listed in supplement no. 3 
to this part when intended for use in foreign products developed for 
commercial sale, the names and addresses of the manufacturers using 
these encryption items and, if known, when the product is made 
available for commercial sale, a non-proprietary technical description 
of the foreign products for which these encryption items are being used 
(e.g., brochures, other documentation, descriptions or other 
identifiers of the final foreign product; the algorithm and key lengths 
used; general programming interfaces to the product, if known; any 
standards or protocols that the foreign product adheres to; and source 
code, if available).
* * * * *
    (iii) * * *
    (C) Encryption items exported (or reexported from Australia, 
Canada, or the United Kingdom) via free and anonymous download;
* * * * *

PART 742--CONTROL POLICY--CCL BASED CONTROLS

0
5. The authority citation for 15 CFR part 742 continues to read as 
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 
U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117 
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 
12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 
59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004 
Comp., p. 320; Notice of November 8, 2022, 87 FR 68015 (November 10, 
2022).


0
6. Amend Sec.  742.2 by revising paragraph (a)(1) introductory text to 
read as follows:


Sec.  742.2   Proliferation of chemical and biological weapons.

    (a) * * *
    (1) If CB Column 1 of the Country Chart (supplement no. 1 to part 
738 of the EAR) is indicated in the appropriate ECCN, a license is 
required to all destinations, including Australia, Canada, and the 
United Kingdom, for the following:
* * * * *

0
6. Revise Sec.  742.4(a)(1) to read as follows:


Sec.  742.4   National security.

    (a) * * *
    (1) National Security column 1 (NS:1). A license is required for 
exports and reexports to all destinations, except Australia, Canada, or 
the United Kingdom, for all items in ECCNs on the CCL that include NS 
Column 1 in the Country Chart column of the ``License Requirements'' 
section.
* * * * *

0
7. Revise Sec.  742.5(a)(1) to read as follows:


Sec.  742.5   Missile technology.

    (a) * * *
    (1) In support of U.S. foreign policy to limit the proliferation of 
missiles, a license is required to export and reexport items related to 
the design, development, production, or use of missiles. These items 
are identified in ECCNs on the CCL as MT Column No. 1 in the Country 
Chart column of the ``License Requirements'' section. Licenses for 
these items are required to all destinations, except Australia, Canada, 
or the United Kingdom, as indicated by MT Column 1 of the Country Chart 
(see supplement no. 1 to part 738 of the EAR).
* * * * *

0
8. Amend Sec.  742.6 by revising paragraphs (a)(1), (a)(2)(i), (ii), 
(iv), (3), and (9) to read as follows:


Sec.  742.6   Regional stability.

    (a) * * *
    (1) RS Column 1 license requirements in general. A license is 
required for exports and reexports to all destinations, except 
Australia, Canada, or the United Kingdom, for all items in ECCNs on the 
CCL that include RS Column 1 in the Country Chart column of the 
``License Requirements'' section. Transactions described in paragraph 
(a)(2), (3), or (9) of this section are subject to the RS Column 1 
license requirements set forth in those paragraphs rather than the 
license requirements set forth in this paragraph (a)(1).
    (2) * * *
    (i) As indicated in the CCL and in RS Column 1 of the Commerce 
Country Chart, cameras described in 6A003.b.4.b require a license to 
all destinations other than Australia, Canada, or the United Kingdom if 
such cameras have a frame rate greater than 60 Hz.
    (ii) Except as noted in paragraph (a)(2)(iii) of this section, as 
indicated in the CCL and in RS Column 1 of the Commerce Country Chart, 
cameras described in 6A003.b.4.b require a license to all destinations 
other than Australia, Canada, or the United

[[Page 28600]]

Kingdom if such cameras incorporate a focal plane array with more than 
111,000 elements and a frame rate of 60 Hz or less, or cameras 
described in 6A003.b.4.b that are being exported or reexported to be 
embedded in a civil product.
* * * * *
    (iv) Except as noted in paragraph (a)(2)(v) of this section, as 
indicated in the CCL and in RS Column 1 of the Commerce Country Chart, 
cameras described in 6A003 b.4.b require a license to all destinations 
other than Australia, Canada, or the United Kingdom if such cameras 
incorporate a focal plane array with 111,000 elements or less and a 
frame rate of 60 Hz or less and are being exported or reexported to be 
embedded in a civil product.
* * * * *
    (3) Special RS Column 1 license requirement applicable to military 
commodities. A license is required for reexports to all destinations 
except Australia, Canada, or the United Kingdom for items classified 
under ECCN 0A919 except when such items are being reexported as part of 
a military deployment by a unit of the government of a country in 
Country Group A:1 (see supplement no. 1 to part 740 of the EAR) or the 
United States.
* * * * *
    (9) Special RS Column 1 license requirement applicable to certain 
spacecraft and related items. A license is required for all 
destinations, including Australia, Canada, and the United Kingdom, for 
spacecraft and related items classified under ECCN 9A515.a.1, .a.2., 
.a.3., .a.4., .g, and ECCN 9E515.f.
* * * * *

0
9. Amend Sec.  742.7 by revising paragraphs (a)(4) through (6) to read 
as follows:


Sec.  742.7   Crime control and detection.

    (a) * * *
    (4) Certain crime control items require a license to all 
destinations, except Canada only. These items are identified under 
ECCNs 0A982, 0A503, and 0E982. Controls for these items appear in each 
ECCN; a column specific to these controls does not appear in the 
Country Chart (supplement no. 1 to part 738 of the EAR).
    (5) Items designed for the execution of human beings as identified 
in ECCN 0A981 require a license to all destinations including 
Australia, Canada, and the United Kingdom.
    (6) See Sec.  742.11 of the EAR for further information on items 
controlled under ECCN 0A983, which require a license to all 
destinations, including Australia, Canada, and the United Kingdom.
* * * * *

0
10. Revise Sec.  742.11(a) to read as follows:


Sec.  742.11   Specially designed implements of torture, including 
thumbscrews, thumbcuffs, fingercuffs, spiked batons, and parts and 
accessories, n.e.s.

    (a) License Requirements. In support of U.S. foreign policy to 
promote the observance of human rights throughout the world, a license 
is required to export any commodity controlled by ECCN 0A983 to all 
destinations including Australia, Canada, and the United Kingdom.
* * * * *

0
11. Revise Sec.  742.13(a)(1) to read as follows:


Sec.  742.13   Communications intercepting devices; software and 
technology for communications intercepting devices.

    (a) * * *
    (1) In support of U.S. foreign policy to prohibit the export of 
items that may be used for the surreptitious interception of wire, 
oral, or electronic communications, a license is required for all 
destinations, including Australia, Canada, and the United Kingdom, for 
ECCNs having an ``SL'' under the ``Reason for Control'' paragraph. 
These items include any electronic, mechanical, or other device 
primarily useful for the surreptitious interception of wire, oral, or 
electronic communications (ECCNs 5A001.f.1 and 5A980); and for related 
``software'' primarily useful for the surreptitious interception of 
wire, oral, or electronic communications (ECCN 5D001.c and 5D980.a); 
and ``software'' primarily useful for the ``development'', 
``production'', or ``use'' of devices controlled under ECCNs 5A001.f.1 
and 5A980 (ECCNs 5D001.a and 5D980.b); and for ``technology'' primarily 
useful for the ``development'', ``production'', or ``use'' of items 
controlled by ECCNs 5A001.f.1, 5D001.a (for 5A001.f.1), 5A980 and 5D980 
(ECCNs 5E001.a and 5E980); and for ``software'' primarily useful to 
support such ECCN 5E001.a ``development'', ``production'', or ``use'' 
``technology'' for 5A001.f.1 equipment and certain 5D001.a ``software'' 
(ECCN 5D001.b). These licensing requirements do not supersede the 
requirements contained in the Omnibus Crime Control and Safe Streets 
Act of 1968, as amended (18 U.S.C. 2512). This license requirement is 
not reflected on the Commerce Country Chart (supplement no. 1 to part 
738 of the EAR).
* * * * *

0
12. Revise Sec.  742.14(a) to read as follows:


Sec.  742.14   Significant items: hot section technology for the 
development, production or overhaul of commercial aircraft engines, 
components, and systems.

    (a) License requirement. Licenses are required for all 
destinations, except Australia, Canada, and the United Kingdom, for 
ECCNs having an ``SI'' under the ``Reason for Control'' paragraph. 
These items include hot section technology for the development, 
production or overhaul of commercial aircraft engines controlled under 
ECCN 9E003.a.1 through a.6, a.8, .h, .i, and .l, and related controls.
* * * * *

0
14. Revise Sec.  742.18(a)(1) to read as follows:


Sec.  742.18   Chemical Weapons Convention (CWC or Convention).

* * * * *
    (a) * * *
    (1) Schedule 1 chemicals and mixtures controlled under ECCN 1C351. 
A license is required for CW reasons to export or reexport Schedule 1 
chemicals controlled under ECCN 1C351.d.14 or .d.15 to all destinations 
including Australia, Canada, and the United Kingdom. CW applies to 
1C351.d.14 for ricin in the form of Ricinus Communis AgglutininII 
(RCAII), which is also known as ricin D or Ricinus Communis 
LectinIII (RCLIII), and Ricinus Communis LectinIV 
(RCLIV), which is also known as ricin E. CW applies to 
1C351.d.15 for saxitoxin identified by C.A.S. #35523-89-8. (Note that 
the advance notification procedures and annual reporting requirements 
described in Sec.  745.1 of the EAR also apply to exports of Schedule 1 
chemicals.)
* * * * *

PART 743--SPECIAL REPORTING AND NOTIFICATION

0
15. The authority citation for 15 CFR part 743 continues to read as 
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp., p. 223; 78 FR 16129 
(January 23, 2020).

0
16. Revise Sec.  743.3(b) to read as follows:


Sec.  743.3   Thermal imaging camera reporting.

* * * * *
    (b) Transactions to be reported. Exports that are not authorized by 
an individually validated license of more than 100 thermal imaging 
cameras in a

[[Page 28601]]

monocular, biocular, or binocular configuration controlled by ECCN 
6A003.b.4.b to a destination in Country Group A:1 (see supplement no. 1 
to part 740 of the EAR), except Australia, Canada, or the United 
Kingdom, must be reported to BIS.
* * * * *

PART 744--CONTROL POLICY: END-USER AND END-USE BASED

0
17. The authority citation for 15 CFR part 744 continues to read as 
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., 
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice 
of September 19, 2022, 87 FR 57569 (September 21, 202); Notice of 
November 8, 2022, 87 FR 68015, 3 CFR, 2022 Comp., p. 563; Notice of 
September 7, 2023, 88 FR 62439 (September 11, 2023).


0
18. Revise Sec.  744.9(a)(1)(i) and (iii) to read as follows:


Sec.  744.9   Restrictions on exports, reexports, and transfers (in-
country) of certain cameras, systems, or related components.

    (a) * * *
    (1) * * *
    (i) Commodities controlled by ECCN 6A003.a.3, 6A003.a.4, or 
6A003.a.6 will be or are intended to be used by a `military end-user,' 
as defined in paragraph (d) of this section in all destinations except 
Australia, Canada, or the United Kingdom.
* * * * *
    (iii) Commodities described in ECCNs 0A504 (incorporating 
commodities controlled by ECCNs 6A002 or 6A003, or commodities 
controlled by 6A993.a that meet the criterion of Note 3.a to 
6A003.b.4), 6A002, 6A003, or 6A993.a (having a maximum frame rate equal 
to or less than 9 Hz and thus meeting the criteria of Note 3.a to 
6A003.b.4), or 8A002.d will be or are intended to be incorporated into 
a ``military commodity'' controlled by ECCN 0A919 in all destinations 
except Australia, Canada, or the United Kingdom.
* * * * *

PART 754--SHORT SUPPLY CONTROLS

0
19. The authority citation for 15 CFR part 754 is revised to read as 
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 15 U.S.C. 
1824; E.O. 11912, 41 FR 15825, 3 CFR, 1976 Comp., p. 114; E.O. 
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783.


0
20. Revise Sec.  754.3(a) to read as follows:


Sec.  754.3   Petroleum products not including crude oil.

    (a) License requirement. As indicated by the letters ``SS'' in the 
``Reason for Control'' paragraph in the ``License Requirements'' 
section of ECCNs 1C980, 1C982, 1C983, and 1C984 on the CCL (supplement 
no. 1 to part 774 of the EAR), a license is required to all 
destinations, including Australia, Canada, and the United Kingdom, for 
the export of petroleum products, excluding crude oil, listed in 
supplement no. 1 to this part, that were produced or derived from the 
Naval Petroleum Reserves (NPR) or became available for export as a 
result of an exchange of any NPR produced or derived commodities.
* * * * *

0
21. Revise Sec.  754.4(a) to read as follows:


Sec.  754.4   Unprocessed western red cedar.

    (a) License requirement. As indicated by the letters ``SS'' in the 
``Reason for Control'' paragraph in the ``License Requirements'' 
section of ECCN 1C988 on the CCL (supplement no. 1 to part 774 of the 
EAR), a license is required to all destinations, including Australia, 
Canada, and the United Kingdom, for the export of unprocessed western 
red cedar covered by ECCN 1C988 (Western red cedar (thuja plicata) logs 
and timber, and rough, dressed and worked lumber containing wane). For 
a non-exhaustive list of 10-digit Harmonized System-based Schedule B 
commodity numbers that may apply to unprocessed western red cedar 
products subject to the license requirements of this section, see 
supplement no. 2 to part 754 of the EAR. See paragraph (c) of this 
section for license exceptions for timber harvested from public lands 
in the State of Alaska, private lands, or Indian lands, and see 
paragraph (d) of this section for relevant definitions.
* * * * *

0
22. Revise Sec.  754.5(a) to read as follows:


Sec.  754.5   Horses for export by sea.

    (a) License requirement. As indicated by the letters ``SS'' in the 
``Reason for Control'' paragraph of the ``License Requirements'' 
section of ECCN 0A980 on the CCL (supplement no. 1 to part 774 of the 
EAR) a license is required for the export of horses exported by sea to 
all destinations, including Australia, Canada, and the United Kingdom.
* * * * *

PART 758--EXPORT CLEARANCE REQUIREMENTS AND AUTHORITIES

0
23. The authority citation for 15 CFR part 758 continues to read as 
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783.


0
24. Amend Sec.  758.1 by revising paragraphs (b)(3), (6), and (9) to 
read as follows:


Sec.  758.1   The Electronic Export Information (EEI) filing to the 
Automated Export System (AES).

* * * * *
    (b) * * *
    (3) For all exports of 9x515 or ``600 series'' items enumerated or 
otherwise described in paragraphs .a through .x of a 9x515 or ``600 
series'' ECCN regardless of value or destination, including exports to 
Australia, Canada, and the United Kingdom;
* * * * *
    (6) For all exports of items subject to the EAR that will be 
transshipped through Australia, Canada, or the United Kingdom to a 
third destination, where the export would require EEI or license if 
shipped directly to the final destination from the United States (see 
15 CFR 30.36(b)(2) of the FTR);
* * * * *
    (9) For all exports, except for exports authorized under License 
Exception BAG, as set forth in Sec.  740.14 of the EAR, of items 
controlled under ECCNs 0A501.a or .b, shotguns with a barrel length 
less than 18 inches controlled under ECCN 0A502, or ammunition 
controlled under ECCN 0A505 except for .c, regardless of value or 
destination, including exports to Australia, Canada, and the United 
Kingdom. * * *
* * * * *

0
25. Revise Sec.  758.11(a) to read as follows:


Sec.  758.11   Export clearance requirements for firearms and related 
items.

    (a) Scope. The export clearance requirements of this section apply 
to all exports of commodities controlled under ECCNs 0A501.a or .b, 
shotguns with a barrel length less than 18 inches controlled under ECCN 
0A502, or ammunition controlled under ECCN 0A505 except for .c, 
regardless of value or destination, including exports to Australia, 
Canada, and the United Kingdom, that are authorized under

[[Page 28602]]

License Exception BAG, as set forth in Sec.  740.14 of the EAR.
* * * * *

PART 772--DEFINITIONS OF TERMS

0
26. The authority citation for 15 CFR part 772 continues to read as 
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783.


0
25. Revise Sec.  772.1 by:
0
a. Adding the definitions of ``Australian airline'';
0
b. Revising the definition for ``Canadian airline''; and
0
c. Adding and ``United Kingdom (or UK) airline''.
    The additions and revisions read as follows:


Sec.  772.1   Definitions of terms as used in the Export Administration 
Regulations (EAR).

* * * * *
    Australian airline. Any citizen of Australia who is authorized by 
the Australian Government to engage in business as an airline. For 
purposes of this definition, an Australian citizen is:
    (1) A natural person who is a citizen of Australia; or
    (2) A partnership of which each member is such an individual; or
    (3) An Australian firm incorporated or otherwise organized under 
the laws of Australia or any Australian state or territory, having a 
total foreign stock interest not greater than 40 percent, and having 
the Chairman or Acting Chairman and at least two-thirds of the 
Directors thereof Australian citizens.
* * * * *
    Canadian airline. Any citizen of Canada who is authorized by the 
Canadian Government to engage in business as an airline. For purposes 
of this definition, a Canadian citizen is:
    (1) A natural person who is a citizen of Canada; or
    (2) A partnership of which each member is such an individual; or
    (3) A Canadian firm incorporated or otherwise organized under the 
laws of Canada or any Canadian province or territory, having a total 
foreign stock interest not greater than 40 percent, and having the 
Chairman or Acting Chairman and at least two-thirds of the Directors 
thereof Canadian citizens.
* * * * *
    United Kingdom (or UK) airline. Any citizen of the United Kingdom 
who is authorized by the Government of the United Kingdom to engage in 
business as an airline. For purposes of this definition, a United 
Kingdom citizen is:
    (1) A natural person who is a citizen of the United Kingdom; or
    (2) A partnership of which each member is such an individual; or
    (3) A United Kingdom firm incorporated or otherwise organized under 
the laws of the United Kingdom or any country or territory that 
comprises the United Kingdom, having a total foreign stock interest not 
greater than 40 percent, and having the Chairman or Acting Chairman and 
at least two-thirds of the Directors thereof United Kingdom citizens.
* * * * *

PART 774--THE COMMERCE CONTROL LIST

0
27. The authority citation for 15 CFR part 774 continues to read as 
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C. 
287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 
U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; 
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 
FR 44025, 3 CFR, 2001 Comp., p. 783.


0
28. Revise ECCN 1C351 in supplement no. 1 to part 774 to read as 
follows:

Supplement No. 1 to Part 774--The Commerce Control List

* * * * *

1C351 Human and animal pathogens and ``toxins,'' as follows (see 
List of Items Controlled).

License Requirements

Reason for Control: CB, CW, AT

 
                                              Country chart  (see Supp.
                Control(s)                       No. 1 to part 738)
 
CB applies to items controlled by           CB Column 1.
 1C351.d.14 and .15.
CB applies to entire entry................  CB Column 2.
 

    CW applies to 1C351.d.14 and .d.15 and a license is required for 
CW reasons for all destinations, including Australia, Canada, and 
the United Kingdom, as follows: CW applies to 1C351.d.14 for ricin 
in the form of (1) Ricinus communis AgglutininII (RCAII), 
also known as ricin D or Ricinus Communis LectinIII 
(RCLIII) and (2) Ricinus communis LectinIV 
(RCLIV), also known as ricin E. CW applies to 1C351.d.15 
for saxitoxin identified by C.A.S. #35523-89-8. See Sec.  742.18 of 
the EAR for licensing information pertaining to chemicals subject to 
restriction pursuant to the Chemical Weapons Convention (CWC). The 
Commerce Country Chart is not designed to determine licensing 
requirements for items controlled for CW reasons.

 
                                              Country chart  (see Supp.
                Control(s)                       No. 1 to part 738)
 
AT applies to entire entry................  AT Column 1.
 

    License Requirement Notes:
    1. All vaccines and 'immunotoxins' are excluded from the scope 
of this entry. Certain medical products and diagnostic and food 
testing kits that contain biological toxins controlled under 
1C351.d, with the exception of toxins controlled for CW reasons 
under 1C351.d.14 or .d.15, are excluded from the scope of this 
entry. Vaccines, 'immunotoxins', certain medical products, and 
diagnostic and food testing kits excluded from the scope of this 
entry are controlled under ECCN 1C991.
    2. For the purposes of this entry, only saxitoxin is controlled 
under 1C351.d.15; other members of the paralytic shellfish poison 
family (e.g., neosaxitoxin) are designated EAR99.
    3. Clostridium perfringens strains, other than the epsilon 
toxin-producing strains of Clostridium perfringens described in 
1C351.c.12, are excluded from the scope of this entry, since they 
may be used as positive control cultures for food testing and 
quality control.
    4. Unless specified elsewhere in this ECCN 1C351 (e.g., in 
License Requirement Notes 1-3), this ECCN controls all biological 
agents and ``toxins,'' regardless of quantity or attenuation, that 
are identified in the List of Items Controlled for this ECCN, 
including small quantities or attenuated strains of select 
biological agents or ``toxins'' that are excluded from the lists of 
select biological agents or ``toxins'' by the Animal and Plant 
Health Inspection Service (APHIS), U.S. Department of Agriculture 
(USDA), or the Centers for Disease Control and Prevention (CDC), 
U.S. Department of Health and Human Services (HHS), in accordance 
with their regulations in 9 CFR part 121 and 42 CFR part 73, 
respectively.
    5. Biological agents and pathogens are controlled under this 
ECCN 1C351 when they are an isolated live culture of a pathogen 
agent, or a preparation of a toxin agent that has been isolated or 
extracted from any source or material, including living material 
that has been deliberately inoculated or contaminated with the 
agent. Isolated live cultures of a pathogen agent include live 
cultures in dormant form or in dried preparations, whether the agent 
is natural, enhanced or modified.

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: (1) Certain forms of ricin and saxitoxin in 
1C351.d.14 and .d.15 are CWC Schedule 1 chemicals (see Sec.  742.18 
of the EAR). The U.S. Government must provide advance notification 
and annual reports to the OPCW of all exports of Schedule 1 
chemicals. See Sec.  745.1 of the EAR for notification procedures. 
See 22 CFR part 121, Category XIV and Sec.  121.7 for

[[Page 28603]]

CWC Schedule 1 chemicals that are ``subject to the ITAR.'' (2) The 
Animal and Plant Health Inspection Service (APHIS), U.S. Department 
of Agriculture, and the Centers for Disease Control and Prevention 
(CDC), U.S. Department of Health and Human Services, maintain 
controls on the possession, use, and transfer within the United 
States of certain items controlled by this ECCN (for APHIS, see 7 
CFR 331.3(b), 9 CFR 121.3(b), and 9 CFR 121.4(b); for CDC, see 42 
CFR 73.3(b) and 42 CFR 73.4(b)). (3) See 22 CFR part 121, Category 
XIV(b), for modified biological agents and biologically derived 
substances that are ``subject to the ITAR.''
Related Definitions: For the purposes of this entry, 'immunotoxins' 
are monoclonal antibodies linked to a toxin with the intention of 
destroying a specific target cell while leaving adjacent cells 
intact.
Items:

    a. Viruses identified on the Australia Group (AG) ``List of 
Human and Animal Pathogens and Toxins for Export Control,'' as 
follows:
    a.1. African horse sickness virus;
    a.2. African swine fever virus;
    a.3. Andes virus;
    a.4. Avian influenza (AI) viruses identified as having high 
pathogenicity (HP), as follows:
    a.4.a. AI viruses that have an intravenous pathogenicity index 
(IVPI) in 6-week-old chickens greater than 1.2; or
    a.4.b. AI viruses that cause at least 75% mortality in 4- to 8-
week-old chickens infected intravenously.
    Note: Avian influenza (AI) viruses of the H5 or H7 subtype that 
do not have either of the characteristics described in 1C351.a.4 
(specifically, 1C351.a.4.a or .a.4.b) should be sequenced to 
determine whether multiple basic amino acids are present at the 
cleavage site of the haemagglutinin molecule (HA0). If the amino 
acid motif is similar to that observed for other HPAI isolates, then 
the isolate being tested should be considered as HPAI and the virus 
is controlled under 1C351.a.4.
    a.5. Bluetongue virus;
    a.6. Chapare virus;
    a.7. Chikungunya virus;
    a.8. Choclo virus;
    a.9. Classical swine fever virus (Hog cholera virus);
    a.10. Crimean-Congo hemorrhagic fever virus;
    a.11. Dobrava-Belgrade virus;
    a.12. Eastern equine encephalitis virus;
    a.13. Ebolavirus (includes all members of the Ebolavirus genus);
    a.14. Foot-and-mouth disease virus;
    a.15. Goatpox virus;
    a.16. Guanarito virus;
    a.17. Hantaan virus;
    a.18. Hendra virus (Equine morbillivirus);
    a.19. Japanese encephalitis virus;
    a.20. Junin virus;
    a.21. Kyasanur Forest disease virus;
    a.22. Laguna Negra virus;
    a.23. Lassa virus;
    a.24. Louping ill virus;
    a.25. Lujo virus;
    a.26. Lumpy skin disease virus;
    a.27. Lymphocytic choriomeningitis virus;
    a.28. Machupo virus;
    a.29. Marburgvirus (includes all members of the Marburgvirus 
genus);
    a.30. Middle East respiratory syndrome-related coronavirus 
(MERS-related coronavirus);
    a.31. Monkeypox virus;
    a.32. Murray Valley encephalitis virus;
    a.33. Newcastle disease virus;
    a.34. Nipah virus;
    a.35. Omsk hemorrhagic fever virus;
    a.36. Oropouche virus;
    a.37. Peste-des-petits ruminants virus;
    a.38. Porcine Teschovirus;
    a.39. Powassan virus;
    a.40. Rabies virus and all other members of the Lyssavirus 
genus;
    a.41. Reconstructed 1918 influenza virus;
    Technical Note: 1C351.a.41 includes reconstructed replication 
competent forms of the 1918 pandemic influenza virus containing any 
portion of the coding regions of all eight gene segments.
    a.42. Rift Valley fever virus;
    a.43. Rinderpest virus;
    a.44. Rocio virus;
    a.45. Sabia virus;
    a.46. Seoul virus;
    a.47. Severe acute respiratory syndrome-related coronavirus 
(SARS-related coronavirus);
    a.48. Sheeppox virus;
    a.49. Sin Nombre virus;
    a.50. St. Louis encephalitis virus;
    a.51. Suid herpesvirus 1 (Pseudorabies virus; Aujeszky's 
disease);
    a.52. Swine vesicular disease virus;
    a.53. Tick-borne encephalitis virus (Far Eastern subtype, 
formerly known as Russian Spring-Summer encephalitis virus--see 
1C351.b.3 for Siberian subtype);
    a.54. Variola virus;
    a.55. Venezuelan equine encephalitis virus;
    a.56. Vesicular stomatitis virus;
    a.57. Western equine encephalitis virus; or
    a.58. Yellow fever virus.
    b. Viruses identified on the APHIS/CDC ``select agents'' lists 
(see Related Controls paragraph #2 for this ECCN), but not 
identified on the Australia Group (AG) ``List of Human and Animal 
Pathogens and Toxins for Export Control,'' as follows:
    b.1. [Reserved];
    b.2. [Reserved]; or
    b.3. Tick-borne encephalitis virus (Siberian subtype, formerly 
West Siberian virus--see 1C351.a.53 for Far Eastern subtype).
    c. Bacteria identified on the Australia Group (AG) ``List of 
Human and Animal Pathogens and Toxins for Export Control,'' as 
follows:
    c.1. Bacillus anthracis;
    c.2. Brucella abortus;
    c.3. Brucella melitensis;
    c.4. Brucella suis;
    c.5. Burkholderia mallei (Pseudomonas mallei);
    c.6. Burkholderia pseudomallei (Pseudomonas pseudomallei);
    c.7. Chlamydia psittaci (Chlamydophila psittaci);
    c.8. Clostriduim argentinense (formerly known as Clostridium 
botulinum Type G), botulinum neurotoxin producing strains;
    c.9. Clostridium baratii, botulinum neurotoxin producing 
strains;
    c.10. Clostridium botulinum;
    c.11. Clostridium butyricum, botulinum neurotoxin producing 
strains;
    c.12. Clostridium perfringens, epsilon toxin producing types;
    c.13. Coxiella burnetii;
    c.14. Francisella tularensis;
    c.15. Mycoplasma capricolum subspecies capripneumoniae (``strain 
F38'');
    c.16. Mycoplasma mycoides subspecies mycoides SC (small colony) 
(a.k.a. contagious bovine pleuropneumonia);
    c.17. Rickettsia prowazekii;
    c.18. Salmonella enterica subspecies enterica serovar Typhi 
(Salmonella typhi);
    c.19. Shiga toxin producing Escherichia coli (STEC) of 
serogroups O26, O45, O103, O104, O111, O121, O145, O157, and other 
shiga toxin producing serogroups;
    Note: Shiga toxin producing Escherichia coli (STEC) includes, 
inter alia, enterohaemorrhagic E. coli (EHEC), verotoxin producing 
E. coli (VTEC) or verocytotoxin producing E. coli (VTEC).
    c.20. Shigella dysenteriae;
    c.21. Vibrio cholerae; or
    c.22. Yersinia pestis.
    d. ``Toxins'' identified on the Australia Group (AG) ``List of 
Human and Animal Pathogens and Toxins for Export Control,'' as 
follows, or their subunits:
    d.1. Abrin;
    d.2. Aflatoxins;
    d.3. Botulinum toxins;
    d.4. Brevetoxins;
    d.5. Clostridium perfringens alpha, beta 1, beta 2, epsilon and 
iota toxins;
    d.6. Conotoxins;
    d.7. Diacetoxyscirpenol;
    d.8. Gonyautoxins;
    d.9. HT-2 toxin;
    d.10. Microcystins (Cyanginosins);
    d.11. Modeccin;
    d.12. Nodularins;
    d.13. Palytoxin;
    d.14. Ricin;
    d.15. Saxitoxin;
    d.16. Shiga toxins (shiga-like toxins, verotoxins, and 
verocytotoxins);
    d.17. Staphylococcus aureus enterotoxins, hemolysin alpha toxin, 
and toxic shock syndrome toxin (formerly known as Staphylococcus 
enterotoxin F);
    d.18. T-2 toxin;
    d.19. Tetrodotoxin;
    d.20. Viscumin (Viscum album lectin 1); or
    d.21. Volkensin.
    e. ``Fungi'', as follows:
    e.1. Coccidioides immitis; or
    e.2. Coccidioides posadasii.
* * * * *


Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2024-08446 Filed 4-18-24; 8:45 am]
BILLING CODE 3510-33-P