Implementation of Additional Controls on Pakistan, 93164-93169 [2024-27648]

Agencies

• DEPARTMENT OF COMMERCE
• Bureau of Industry and Security

[Federal Register Volume 89, Number 228 (Tuesday, November 26, 2024)]
[Rules and Regulations]
[Pages 93164-93169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27648]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 738, 740, 742 and 774

[Docket No. 241113-0293]
RIN 0694-AJ63


Implementation of Additional Controls on Pakistan

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

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) is amending the 
Export Administration Regulations (EAR) by imposing new licensing 
requirements on exports, reexports, and transfers (in-country) to and 
within Pakistan of certain items identified on the Commerce Control 
List (CCL) that are not currently subject to a license requirement when 
destined for Pakistan. This change is being made to ensure that such 
transactions receive U.S. government review to reduce the risk of 
diversion to an end use or end user of concern.

DATES: This rule is effective November 25, 2024, except for amendatory 
instruction 6, which is effective November 25, 2024.

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

SUPPLEMENTARY INFORMATION:

Background

    BIS implements export controls on dual-use and certain munitions 
items (commodities, software, and technology) under the EAR (15 CFR 
parts 730-774) to advance U.S. national security and foreign policy 
interests. Among other controls, the EAR restricts the export, 
reexport, and transfer (in-country) of items based on their 
classification on the CCL (supp. no. 1 to 15 CFR part 774) and relevant 
reason(s) for control (see 15 CFR part 742) applicable to the country 
of destination, as generally determined by the Commerce Country Chart 
(supp. no. 1 to 15 CFR part 738). BIS also maintains end-use and end-
user controls pursuant to part 744 of the EAR, including controls on 
transactions involving less-sensitive items designated as EAR99, and 
controls that apply to specific activities of U.S. persons. 
Additionally, BIS maintains embargoes and special controls pursuant to 
part 746 of the EAR. With respect to Pakistan, BIS maintains a 
combination of CCL-based, end-use, and end-user controls. The end-use 
controls

[[Page 93165]]

include a license requirement for the export, reexport, or transfer 
(in-country) of items subject to the EAR to or within Pakistan when 
there is knowledge that the items will be used in certain nuclear end 
uses (see 15 CFR 744.2) or in certain rocket system or unmanned aerial 
vehicle (e.g., missile) end uses (see 15 CFR 744.3). The end-user 
controls include Entity List and Unverified List restrictions on 
exports, reexports, and transfers (in-country) of certain items subject 
to the EAR that apply when specific entities in Pakistan are parties to 
the transaction pursuant to part 744 of the EAR (see supps. no. 4 and 6 
to 15 CFR part 744).
    In 1998, Pakistan detonated a nuclear explosive device. In 
response, BIS imposed further licensing requirements on certain 
entities in Pakistan determined to have been involved in nuclear or 
missile activities by adding those entities to the Entity List (63 FR 
64322, November 19, 1998). Since that time, BIS has added additional 
entities in Pakistan to the Entity List. There are currently over 100 
entities on the Entity List under the destination of Pakistan. Pursuant 
to Sec.  744.11(b) of the EAR, BIS has added such entities consistent 
with the interagency End-User Review Committee's determination that 
there was reasonable cause to believe, based on specific and 
articulable facts, that such entities are involved, have been involved, 
or pose a significant risk of being or becoming involved in, activities 
contrary to U.S. national security or foreign policy interests. For 
example, in 2021, BIS added 11 entities to the Entity List, under the 
destination of Pakistan for, inter alia, contributions to Pakistan's 
unsafeguarded nuclear activities and ballistic missile program (86 FR 
67317, November 26, 2021). In 2022, BIS added three entities to the 
Entity List, under the destination of Pakistan, because the entities 
pose an unacceptable risk of using or diverting items subject to the 
EAR to certain nuclear end-uses and certain rocket systems and unmanned 
aerial vehicles end-uses (87 FR 38920, June 28, 2022).
    This rule addresses BIS's concern that certain CCL items controlled 
only for antiterrorism (AT) reasons (and hence not currently subject to 
a CCL-based license requirement for export or reexport, or transfer 
(in-country) to or within Pakistan) have been sought by entities listed 
on the Entity List, as well as front companies acting on behalf of such 
entities. Specifically, entities on the Entity List have sought items 
classified under the following Export Control Classification Numbers 
(ECCNs): (1) 1B999 (``Specific Processing Equipment, n.e.s.''); (2) 
2A992 (``Piping, fittings and valves made of, or lined with stainless, 
copper-nickel alloy or other alloy steel containing 10% or more nickel 
and/or chromium''); (3) 2B999 (``Specific Processing Equipment, 
n.e.s.''); (4) 3A992 (``General purpose electronic equipment not 
controlled by 3A002''); (5) 3A999 (``Specific Processing Equipment, 
n.e.s.''); and (6) 6A996 (```Magnetometers' not controlled by ECCN 
6A006, `Superconductive' electromagnetic sensors, and `specially 
designed' `components' therefor'').
    BIS previously controlled certain of these nuclear- or missile-
related items to Pakistan unilaterally for nuclear nonproliferation 
(NP2) reasons (see 81 FR 85138, November 25, 2016), and for Anti-
Terrorism (AT) reasons to sanctioned and embargoed destinations (see 65 
FR 38148, June 19, 2000 and 72 FR 3722, January 26, 2007). Accordingly, 
BIS has determined that prior U.S. government review of proposed 
exports, reexports, and transfers (in-country) of items controlled 
under the six ECCNs specified above to or within Pakistan, and the 
potential denial or approval with limiting conditions of such exports, 
reexports, and transfers (in-country), would advance U.S. national 
security and foreign policy interests by reducing the risk of diversion 
to unauthorized end uses and/or end users. BIS reminds exporters, 
reexporters, and transferors of items subject to the EAR to Pakistan 
that as a best practice, they should review BIS's Pakistan Due 
Diligence Guidance located on the BIS website at: https://www.bis.doc.gov/index.php/policy-guidance/pakistan-due-diligence-guidance.

Revisions to the EAR

Additional CCL-Based License Requirements

    In this final rule, BIS is imposing additional CCL controls on 
exports and reexports to, as well as transfers (in-country) within, 
Pakistan pursuant to part 742 of the EAR. Specifically, BIS is adding a 
new paragraph to Sec.  742.6 of the EAR to impose a license requirement 
on the export, reexport, or transfer (in-country) of certain items to 
or within Pakistan, for regional stability (RS) reasons. Pursuant to 
new paragraph (a)(12) of Sec.  742.6, there will be a license 
requirement for exports, reexports, and transfers (in-country) to or 
within Pakistan of all items classified under ECCNs 1B999, 2A992, 2B999 
(other than 2B999.h.2), 3A992, 3A999, and 6A996. Pursuant to new Sec.  
740.2(a)(25), the only license exceptions that will be available for 
the export, reexport, or transfer (in-country) to or within Pakistan of 
items subject to the new license requirement in Sec.  742.6(a)(12) are 
TMP (limited to 740.9(a)(1), (a)(4), (a)(5), (a)(10), (b)(2), and 
(b)(3)), RPL (740.10), and GOV (limited to 740.11(a), (b), and (d)). 
However, BIS notes that consistent with Sec.  744.16(b), license 
exceptions are generally unavailable when a party on the Entity List is 
a party to the transaction. For example, the Chashma and Karachi 
Nuclear Power Plants are subject to International Atomic Energy Agency 
(IAEA) safeguards but are listed on the Entity List under the entry for 
the Pakistan Atomic Energy Commission, under the subordinate entity 
``Nuclear reactors (including power plants).'' The Organization for the 
Prohibition of Chemical Weapons (OPCW)-designated laboratory in 
Pakistan, the Analytical Laboratory of the Defense Science and 
Technology Organization (DESTO) is also listed on the Entity List. 
Accordingly, GOV (Sec.  740.11(a)) (IAEA shipments for international 
safeguards use) and GOV (Sec.  740.11(d)) (OPCW-related shipments), 
would not be available for exports or reexports of the foregoing items 
to these entities in support of IAEA/OPCW activities.

Review Policy

    New paragraph (b)(13) of Sec.  742.6 provides that license 
applications for exports, reexports, and transfers (in-country) to or 
within Pakistan of items controlled under ECCNs 1B999, 2A992, 2B999 
(other than 2B999.h.2), 3A992, 3A999, and 6A996 will be reviewed on a 
case-by-case basis to determine whether the proposed export, reexport, 
or transfer (in-country) presents an unacceptable risk of use in, or 
diversion to, an end use or end user of concern, as set forth in part 
744 of the EAR. If it is determined that the proposed export, reexport, 
or transfer (in-country) presents an unacceptable risk of use in, or 
diversion to, an end use or end user of concern, the application will 
be denied.
    Accordingly, as of the effective date of this rule, exporters, 
reexporters, and transferors must seek a license from BIS to export, 
reexport, or transfer (in-country) items controlled under ECCNs 1B999, 
2A992, 2B999 (other than 2B999.h.2), 3A992, 3A999, and 6A996 to 
Pakistan, regardless of end use or end user, unless a license exception 
specified in Sec.  740.2(a)(25) is available.

Additional Revision

    This rule also adds and reserves two new paragraphs Sec.  
742.6(a)(11) and (b)(12) in anticipation of future BIS rulemaking.

[[Page 93166]]

Savings Clause

    For the changes being made in this final rule, shipments of items 
removed from eligibility for a License Exception or export, reexport, 
or transfer (in-country) without a license (NLR), or for which EEI 
filing is required as a result of this regulatory action that were en 
route aboard a carrier to a port of export or reexport on December 26, 
2024, pursuant to actual orders for export or reexport to a foreign 
destination, may proceed to that destination under the previous 
eligibility for a License Exception or export, reexport, or transfer 
(in-country) without a license (NLR), and/or without an EEI filing, 
unless such filing is otherwise required by law or regulation 
independent of this action.

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 provides the legal basis for BIS's principal authorities 
and serves as the authority under which BIS issues this rule. In 
particular, Section 1753 of ECRA (50 U.S.C. 4812) authorizes the 
regulation of exports, reexports, and transfers (in-country) of items 
subject to U.S. jurisdiction. Further, Section 1754(a)(1)-(16) of ECRA 
(50 U.S.C. 4813(a)(1)-(16)) authorizes, inter alia, the establishment 
of a list of controlled items; the prohibition of unauthorized exports, 
reexports, and transfers (in-country); the requirement of licenses or 
other authorizations for exports, reexports, and transfers (in-country) 
of controlled items; apprising the public of changes in policy, 
regulations, and procedures; and any other action necessary to carry 
out ECRA that is not otherwise prohibited by law. Pursuant to Section 
1762(a) of ECRA (50 U.S.C. 4821(a)), these changes may be imposed in a 
final rule without prior notice and comment.

Rulemaking Requirements

    1. BIS has examined the impact of this rule as required by 
Executive Orders (E.O.) 12866, 13563, and 14094, which 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 (e.g., potential economic, environmental, public, 
health, and safety effects, distributive impacts, and equity). Pursuant 
to E.O. 12866, as amended, this final rule is not a ``significant 
regulatory action.''
    2. Notwithstanding any other provision of law, no person is 
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 (PRA) (44 U.S.C. 3501 et seq.), unless 
that collection of information displays a currently valid Office of 
Management and Budget (OMB) Control Number. This rule involves the 
following OMB-approved collections of information subject to the PRA:
     0694-0088, ``Simple Network Application Process and 
Multipurpose Application Form,'' which carries a burden hour estimate 
of 29.4 minutes for a manual or electronic submission;
     0694-0096 ``Five Year Records Retention Period,'' which 
carries a burden hour estimate of less than 1 minute; and
     0607-0152 ``Automated Export System (AES) Program,'' which 
carries a burden hour estimate of 3 minutes per electronic submission.
    BIS estimates that these new controls on Pakistan under the EAR 
will result in an increase of 55 license applications submitted 
annually to BIS. However, the additional burden falls within the 
existing estimates currently associated with these control numbers. 
Additional information regarding these collections of information--
including all background materials--can be found at: https://www.reginfo.gov/public/do/PRAMain by using the search function to enter 
either the title of the collection or the OMB Control Number.
    3. This rule does not contain policies with federalism implications 
as that term is defined in Executive Order 13132.
    4. As noted in the preamble, pursuant to Section 1762(a) of ECRA 
(50 U.S.C. 4821(a)), BIS may issue final rules that are exempt from 
certain rulemaking requirements. Specifically, 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. While Section 1762 of ECRA 
provides sufficient authority for such an exemption, this action is 
also independently exempt from these APA requirements because it 
involves a military or foreign affairs function of the United States (5 
U.S.C. 553(a)(1)).
    5. Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule by 5 U.S.C. 
553, or by any other law, the analytical requirements of the Regulatory 
Flexibility Act (5 U.S.C. 601, et seq.) are not applicable. 
Accordingly, no regulatory flexibility analysis is required and none 
has been prepared.

List of Subjects

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, Terrorism.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements, Terrorism.

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

PART 738--[AMENDED]

0
1. 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. 
287(c); 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
2. Supplement no. 1 to part 738 is amended by revising the entries for 
Pakistan and Ukraine in the Commerce Country chart to read as follows:

[[Page 93167]]



                                                                      Supplement No. 1 to Part 738--Commerce Country Chart
                                                                                      [Reason for control]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                Chemical and biological      Nuclear non        National      Missile      Regional       Firearms         Crime control         Anti- terrorism
                                                        weapons             proliferation       security        tech       stability     convention --------------------------------------------
                  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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                                          * * * * * * *
Pakistan \8\.................................       X        X        X        X        X        X        X        X        X        X   ..........       X        X        X   .......  .......
 
                                                                                          * * * * * * *
Ukraine \9\..................................       X   .......  .......  .......  .......       X        X        X        X        X   ..........       X        X   .......  .......  .......
 
                                                                                          * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\8\ See Sec.   742.6(a)(12) for additional license requirements for exports, reexports, and transfers (in-country) of certain items to or within Pakistan.
\9\ See Sec.   746.6 of the EAR for additional license requirements for exports and reexports to the Crimea region of Ukraine and the so-called Donetsk People's Republic (DNR) and Luhansk
  People's Republic (LNR) regions of Ukraine and transfers (in-country) within the Crimea, DNR, and LNR regions of Ukraine for all items subject to the EAR, other than food and medicine
  designated as EAR99 and certain EAR99 or ECCN 5D992.c software for internet-based communications.

PART 740--[AMENDED]

0
3. 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
4. Amend Sec.  740.2 by adding paragraph (a)(25) to read as follows:


Sec.  740.2  Restrictions on all license exceptions.

    (a) * * *
    (25) No license exception is available for the export, reexport, or 
transfer (in-country) to or within Pakistan of items controlled under 
ECCNs 1B999, 2A992, 2B999 (except 2B999.h.2), 3A992, 3A999, or 6A996 
(see Sec.  742.6(a)(12) of the EAR), apart from TMP (limited to 
740.9(a)(1), (a)(4), (a)(5), (a)(10), (b)(2), and (b)(3)), RPL 
(740.10), or GOV (740.11(a), (b), or (d)).
* * * * *

PART 742--[AMENDED]

0
5. The authority citation for part 742 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.; 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 7, 2024, 89 FR 88867 (November 8, 
2024).


0
6. Effective November 25, 2024, amend Sec.  742.6 by adding reserved 
paragraphs (a)(11) and (b)(12) to read as follows:


Sec.  742.6  Regional stability.

    (a) * *-*
    (11) [Reserved]
    (b) * * *
    (12) [Reserved]
* * * * *

0
7. Amend Sec.  742.6 by adding paragraphs (a)(12) and (b)(13) to read 
as follows:


Sec.  742.6  Regional stability.

    (a) * * *
    (12) RS requirements that apply to Pakistan. A license is required 
to export, reexport, or transfer (in-country) to or within Pakistan the 
following items: 1B999 (``Specific Processing Equipment, n.e.s.''); 
2A992 (``Piping, fittings and valves made of, or lined with stainless, 
copper-nickel alloy or other alloy steel containing 10% or more nickel 
and/or chromium''); 2B999 (``Specific Processing Equipment, n.e.s.''), 
except 2B999.h.2; 3A992 (``General purpose electronic equipment not 
controlled by 3A002''); 3A999 (``Specific Processing Equipment, 
n.e.s.''); and 6A996 (`` `Magnetometers' not controlled by ECCN 6A006, 
`Superconductive' electromagnetic sensors, and `specially designed' 
`components' therefor'').
    (b) * * *
    (13) Applications for the export, reexport, or transfer (in-
country) of any item that requires a license pursuant to paragraph 
(a)(12) of this section will be reviewed on a case-by-case basis to 
determine whether the proposed export, reexport, or transfer (in-
country) presents an unacceptable risk of use in, or diversion to, an 
end use or end user of concern, as set forth in part 744 of the EAR. If 
it is determined that the proposed export, reexport, or transfer (in-
country) poses an unacceptable risk of use in, or diversion to, an end 
use or end user of concern, the application will be denied.
* * * * *

PART 774--COMMERCE CONTROL LIST

0
8. The authority citation for part 774 continues to read as follows:

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


0
9. Supplement no. 1 to part 774 is amended by revising ECCNs 1B999, 
2A992, 2B999, 3A992, 3A999, and 6A996 to read as follows:

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

* * * * *
1B999 Specific processing equipment, n.e.s., as follows (see List of 
Items Controlled).

License Requirements

Reason for Control: RS, AT

 
                                            Country chart (see supp. no.
                Control(s)                         1 to part 738)
 
RS applies to entire entry................  A license is required for
                                             items controlled by this
                                             entry for export or
                                             reexport to Iraq or
                                             Pakistan or transfer within
                                             Iraq or Pakistan for
                                             regional stability reasons.
                                             The Commerce Country Chart
                                             is not designed to
                                             determine RS license
                                             requirements for this
                                             entry. See Sec.  Sec.
                                             742.6 and 746.3 of the EAR
                                             for additional information.

[[Page 93168]]

 
AT applies to entire entry................  A license is required for
                                             items controlled by this
                                             entry to North Korea for
                                             anti-terrorism reasons. The
                                             Commerce Country Chart is
                                             not designed to determine
                                             AT license requirements for
                                             this entry. See Sec.
                                             742.19 of the EAR for
                                             additional information.
 

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: See also 1B001, 1B101, 1B201, 1B225, and 1D999
Related Definitions: N/A
Items:

    a. Electrolytic cells for fluorine production, n.e.s.
    b. Particle accelerators.
    c. Industrial process control hardware/systems designed for 
power industries, n.e.s.
    d. Freon and chilled water cooling systems capable of continuous 
cooling duties of 100,000 BTU/hr (29.3 kW) or greater.
    e. Equipment for the production of structural composites, 
fibers, prepregs and preforms, n.e.s.
* * * * *
2A992 Piping, fittings and valves made of, or lined with stainless, 
copper-nickel alloy or other alloy steel containing 10% or more 
nickel and/or chromium.

License Requirements

Reason for Control: RS, AT

 
                                            Country chart (see supp. no.
                Control(s)                         1 to part 738)
 
RS applies to entire entry................  A license is required for
                                             items controlled by this
                                             entry for export or
                                             reexport to Pakistan or
                                             transfer within Pakistan
                                             for regional stability
                                             reasons. The Commerce
                                             Country Chart is not
                                             designed to determine RS
                                             license requirements for
                                             this entry. See Sec.
                                             742.6(a)(12) of the EAR for
                                             additional information.
AT applies to entire entry................  AT Column 1.
 

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) See ECCN 2D993 for software for items controlled under this 
entry.
    (2) See ECCNs 2E001 (``development''), 2E002 (``production''), 
and 2E993 (``use'') for technology for items controlled under this 
entry.
    (3) Also see ECCNs 2A226, 2B350 and 2B999. Related Definitions: 
N/A

Items:

    a. Pressure tube, pipe, and fittings of 200 mm (8 in.) or more 
inside diameter, and suitable for operation at pressures of 3.4 MPa 
(500 psi) or greater;
    b. Pipe valves having all of the following characteristics that 
are not controlled by ECCN 2B350.g:
    b.1. A pipe size connection of 200 mm (8 in.) or more inside 
diameter; and
    b.2. Rated at 10.3 MPa (1,500 psi) or more.
* * * * *
2B999 Specific Processing Equipment, n.e.s., as Follows (See List of 
Items Controlled).

License Requirements

Reason for Control: RS, AT

 
                                            Country chart (see supp. no.
                Control(s)                         1 to part 738)
 
RS applies to entire entry except           A license is required for
 2B999.h.2                                   items controlled by this
                                             entry, other than
                                             2B999.h.2, for export or
                                             reexport to Pakistan or
                                             transfer within Pakistan
                                             for regional stability
                                             reasons. The Commerce
                                             Country Chart is not
                                             designed to determine RS
                                             license requirements for
                                             this entry. See Sec.
                                             742.6(a)(12) of the EAR for
                                             additional information.
AT applies to entire entry................  A license is required for
                                             items controlled by this
                                             entry to North Korea for
                                             anti-terrorism reasons. The
                                             Commerce Country Chart is
                                             not designed to determine
                                             AT licensing requirements
                                             for this entry. See Sec.
                                             742.19 of the EAR for
                                             additional information.
 

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) See also 1B233, 2A992, 2A993, 2B001.f, 2B004, 
2B009, 2B104, 2B109, 2B204, 2B209, 2B228, 2B229, 2B231, and 2B350. 
(2) Certain nuclear related processing equipment is subject to the 
export licensing authority of the Nuclear Regulatory Commission (see 
10 CFR part 110).
Related Definitions: N/A
Items:

    a. Isostatic presses, n.e.s.
    b. Bellows manufacturing equipment, including hydraulic forming 
equipment and bellows forming dies.
    c. Laser welding machines.
    d. MIG welders.
    e. E-beam welders.
    f. Monel equipment, including valves, piping, tanks and vessels.
    g. 304 and 316 stainless steel valves, piping, tanks and 
vessels.

    Note:  Fittings are considered part of ``piping'' for purposes 
of 2B999.g.

    h. Mining and drilling equipment, as follows:
    h.1. Large boring equipment capable of drilling holes greater 
than two feet in diameter.
    h.2. Large earth-moving equipment used in the mining industry.
    i. Electroplating equipment designed for coating parts with 
nickel or aluminum.
    j. Pumps designed for industrial service and for use with an 
electrical motor of 5 HP or greater.
    k. Vacuum valves, piping, flanges, gaskets and related equipment 
``specially designed'' for use in high-vacuum service, n.e.s.
    l. Spin forming and flow forming machines, n.e.s.
    m. Centrifugal multiplane balancing machines, n.e.s.
    n. Austenitic stainless-steel plate, valves, piping, tanks and 
vessels.
* * * * *
3A992 General purpose electronic equipment, not controlled by 3A002, 
as Follows (See List of Items Controlled).

License Requirements

Reason for Control: RS, AT

 
                                            Country chart (see supp. no.
                Control(s)                         1 to part 738)
 
RS applies to entire entry................  A license is required for
                                             items controlled by this
                                             entry for export or
                                             reexport to Pakistan or
                                             transfer within Pakistan
                                             for regional stability
                                             reasons. The Commerce
                                             Country Chart is not
                                             designed to determine RS
                                             license requirements for
                                             this entry. See Sec.
                                             742.6(a)(12) of the EAR for
                                             additional information.
AT applies to entire entry................  AT Column 1.
 

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: N/A
Related Definitions: N/A
Items:

    a. Electronic test equipment, n.e.s.
    b. Digital instrumentation magnetic tape data recorders having 
any of the following characteristics;
    b.1. A maximum digital interface transfer rate exceeding 60 
Mbit/s and employing helical scan techniques;
    b.2. A maximum digital interface transfer rate exceeding 120 
Mbit/s and employing fixed head techniques; or
    b.3. ``Space qualified''.
    c. Equipment, with a maximum digital interface transfer rate 
exceeding 60 Mbit/s, designed to convert digital video magnetic tape 
recorders for use as digital instrumentation data recorders.

[[Page 93169]]

    d. Non-modular analog oscilloscopes having a bandwidth of 1 GHz 
or greater.
    e. Modular analog oscilloscope systems having either of the 
following characteristics:
    e.1. A mainframe with a bandwidth of 1 GHz or greater; or
    e.2. Plug-in modules with an individual bandwidth of 4 GHz or 
greater.
    f. Analog sampling oscilloscopes for the analysis of recurring 
phenomena with an effective bandwidth greater than 4 GHz.
    g. Digital oscilloscopes and transient recorders, using analog-
to-digital conversion techniques, capable of storing transients by 
sequentially sampling single-shot inputs at successive intervals of 
less than 1 ns (greater than 1 gigasample per second), digitizing to 
8 bits or greater resolution and storing 256 or more samples.

     Note: This ECCN controls the following ``specially designed'' 
``parts'' and ``components'' for analog oscilloscopes:
    1. Plug-in units;
    2. External amplifiers;
    3. Pre-amplifiers;
    4. Sampling devices;
    5. Cathode ray tubes.

* * * * *
3A999 Specific Processing Equipment, n.e.s., as Follows (See List of 
Items Controlled).

License Requirements

Reason for Control: RS, AT

 
                                            Country Chart (See Supp. No.
                Control(s)                         1 to part 738)
 
RS applies to entire entry................  A license is required for
                                             items controlled by this
                                             entry for export or
                                             reexport to Iraq or
                                             Pakistan or transfer within
                                             Iraq or Pakistan for
                                             regional stability reasons.
                                             The Commerce Country Chart
                                             is not designed to
                                             determine RS license
                                             requirements for this
                                             entry. See Sec.  Sec.
                                             742.6 and 746.3 of the EAR
                                             for additional information.
AT applies to entire entry................  A license is required for
                                             items controlled by this
                                             entry to North Korea for
                                             anti-terrorism reasons. The
                                             Commerce Country Chart is
                                             not designed to determine
                                             AT license requirements for
                                             this entry. See Sec.
                                             742.19 of the EAR for
                                             additional information.
 

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) See also 3A225 (for frequency changers capable 
of operating in the frequency range of 600 Hz and above), and 3A233. 
(2) Certain auxiliary systems, equipment, ``parts'' and 
``components'' for isotope separation plants, made of or protected 
by UF6 resistant materials are subject to the export 
licensing authority of the Nuclear Regulatory Commission (see 10 CFR 
part 110).
Related Definitions: N/A
Items:

    a. Frequency changers capable of operating in the frequency 
range from 300 up to 600 Hz, n.e.s.
    b. Mass spectrometers n.e.s.
    c. All flash x-ray machines, and ``parts'' or ``components'' of 
pulsed power systems designed thereof, including Marx generators, 
high power pulse shaping networks, high voltage capacitors, and 
triggers.
    d. Pulse amplifiers, n.e.s.
    e. Electronic equipment for time delay generation or time 
interval measurement, as follows:
    e.1. Digital time delay generators with a resolution of 50 
nanoseconds or less over time intervals of 1 microsecond or greater.
    e.2. Multi-channel (three or more) or modular time interval 
meter and chronometry equipment with resolution of 50 nanoseconds or 
less over time intervals of 1 microsecond or greater.
    f. Chromatography and spectrometry analytical instruments.
* * * * *
6A996 ``Magnetometers'' not controlled by ECCN 6A006, 
``Superconductive'' electromagnetic sensors, and ``specially 
designed'' ``components'' therefor, as follows (see List of Items 
Controlled).

License Requirements

Reason for Control: RS, AT

 
                                            Country chart (see supp. no.
                Control(s)                         1 to part 738)
 
RS applies to entire entry................  A license is required for
                                             items controlled by this
                                             entry for export or
                                             reexport to Pakistan or
                                             transfer within Pakistan
                                             for regional stability
                                             reasons. The Commerce
                                             Country Chart is not
                                             designed to determine RS
                                             license requirements for
                                             this entry. See Sec.
                                             742.6(a)(12) of the EAR for
                                             additional information.
AT applies to entire entry................  AT Column 1.
 

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: N/A
Related Definitions: N/A
Items:

    a. ``Magnetometers'', n.e.s., having a `sensitivity' lower 
(better) than 1.0 nT (rms) per square root Hz.

     Technical Note: For the purposes of 6A996, `sensitivity' (noise 
level) is the root mean square of the device-limited noise floor 
which is the lowest signal that can be measured.

    b. ``Superconductive'' electromagnetic sensors, ``components'' 
manufactured from ``superconductive'' materials and having all the 
following:
    b.1. Designed for operation at temperatures below the ``critical 
temperature'' of at least one of their ``superconductive'' 
constituents (including Josephson effect devices or 
``superconductive'' quantum interference devices (SQUIDS));
    b.2. Designed for sensing electromagnetic field variations at 
frequencies of 1 KHz or less; and
    b.3. Having any of the following characteristics:
    b.3.a. Incorporating thin-film SQUIDS with a minimum feature 
size of less than 2 [micro]m and with associated input and output 
coupling circuits;
    b.3.b. Designed to operate with a magnetic field slew rate 
exceeding 1 x 10\6\ magnetic flux quanta per second;
    b.3.c. Designed to function without magnetic shielding in the 
earth's ambient magnetic field; or
    b.3.d. Having a temperature coefficient less (smaller) than 0.1 
magnetic flux quantum/K.
* * * * *

Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2024-27648 Filed 11-25-24; 8:45 am]
BILLING CODE 3510-33-P