Number range CHAPTER Number range CHAPTER

Billing Code: 3510 33 P

**DEPARTMENT OF COMMERCE**

**Bureau of Industry and Security**

15 CFR Parts 740, 772 and 774

\[Docket No. 080215206-81243-01\]

RIN 0694 AE29

**Wassenaar Arrangement Plenary Agreements Implementation: December
2007**

**Categories 1, 2, 3, 5 Parts I and II, 6, 7, and 9 of the Commerce
Control List, Definitions; December 2006 Solar Cells**

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

**ACTION:** Final Rule

**SUMMARY:** The Bureau of Industry and Security (BIS) maintains the
Commerce Control List (CCL), which identifies items subject to
Department of Commerce export controls. This final

rule revises the Export Administration Regulations (EAR) to implement
changes made to the Wassenaar Arrangement\'s List of Dual Use Goods and
Technologies (Wassenaar List) maintained and agreed to by governments
participating in the Wassenaar Arrangement on Export Controls for
Conventional Arms and Dual Use Goods and Technologies (Wassenaar
Arrangement, or WA). The Wassenaar Arrangement advocates implementation
of effective export controls on strategic items with the objective of
improving regional and international security and stability. To
harmonize with the changes to the Wassenaar List, this rule revises the
EAR by amending certain entries that are controlled for national
security reasons in Categories 1, 2, 3, 5 Part I (telecommunications), 5
Part II (information security), 6, 7, and 9; adding new entries to the
Commerce Control List (CCL), and amending EAR Definitions, as well as
adding definitions.

The purpose of this final rule is to revise the CCL and definitions of
terms used in the EAR to implement Wassenaar List revisions that were
agreed upon in the December 2007 Wassenaar Arrangement Plenary Meeting
and the Wassenaar List provisions regarding solar cells agreed upon in
the December 2006 plenary meeting.

This rule also adds or expands unilateral U.S. export controls and
national security export controls on certain items to make them
consistent with the amendments made to implement the Wassenaar
Arrangement\'s decisions.

**DATES:** Effective Date: This rule is effective \[INSERT DATE OF
PUBLICATION\].

**FOR FURTHER INFORMATION CONTACT:** For questions of a general nature
contact Sharron Cook, Office of Exporter Services, Bureau of Industry
and Security, U.S. Department of Commerce at (202) 482 2440 or E Mail:
scook@bis.doc.gov.

For questions of a technical nature contact:

Category 1: Bob Teer 202 482 4749

Category 2: George Loh 202 482 3570

Category 3: Brian Baker 202 482 5534

Category 5 Part 1: Joe Young 202 482 4197

Category 5 Part 2: Michael Pender 202 482 2458

Category 6: Chris Costanzo 202 482 0718 (optics) and Mark Jaso 202 482
0987 (lasers)

Category 7: Daniel Squire 202 482 3710

Category 9: Gene Christensen 202 482 2984

Comments regarding the collections of information associated with this
rule, including suggestions for reducing the burden, should be sent to
OMB Desk Officer, New Executive Office Building, Washington, DC 20503,
Attention: Jasmeet Seehra, or by email to jseehra@omb.eop.gov or by fax
to (202) 395-7285; and to the Office of Administration, Bureau of
Industry and Security, Department of Commerce, 14th and Pennsylvania
Avenue, N.W., Room 6883, Washington, D.C. 20230.

**SUPPLEMENTARY INFORMATION**

**Background**

In July 1996, the United States and thirty-three other countries gave
final approval to the establishment of a new multilateral export control
arrangement called the Wassenaar Arrangement on Export Controls for
Conventional Arms and Dual Use Goods and Technologies (Wassenaar
Arrangement or WA). The Wassenaar Arrangement contributes to regional
and international security and stability by promoting transparency and
greater responsibility in transfers of conventional arms and dual use
goods and technologies, thus preventing destabilizing accumulations of
such items. Participating states have committed to exchange information
on exports of dual use goods and technologies to non-participating
states for the purposes of enhancing transparency and assisting in
developing common understandings of the risks associated with the
transfers of these items.

**Expanded or New Export Controls**

This rule imposes new or expanded NS Column 1 controls. This rule
imposes a license requirement pursuant to section 742.4(a) of the EAR
for exports and reexports to all destinations, except Canada, of certain
commodities (and related software and technology) described in Export
Control Classification Number 9A012.b.4 (certain air breathing
reciprocating or rotary internal combustion type engines). This rule
also imposes such a license requirement for certain software and
technology controlled under ECCN 3D001 and 3E001 related to the
development or production of certain solar cells,
cell-interconnect-coverglass (CIC) assemblies, solar panels, and solar
arrays. These destinations have an "X" indicated in NS column 1 on the
Commerce Country Chart of Supplement No. 1 to Part 738. The purpose of
the controls is to ensure that these items do not make a contribution to
the military potential of any other country or combination of countries
that would prove detrimental to the national security of the United
States. For designated terrorism supporting countries or embargoed
countries, the applicable licensing policies are found in Parts 742 and
746 of the EAR, and Supplement No. 1 to Part 736 of the EAR for Syria.

This rule imposes new or expands NS Column 2 controls. This rule imposes
a license requirement under section 742.4(a) of the EAR for exports and
reexports of commodities (and related software and technology) described
in ECCNs 1A006 (Equipment, specially designed or modified for the
disposal of improvised explosive devices, and specially designed
components and accessories therefor), 1A007 (Equipment and devices,
specially designed to initiate charges and devices containing energetic
materials, by electrical means), 3A001.e.4, solar cells,
cell-interconnect-coverglass (CIC) assemblies, solar panels, and solar
arrays which are "space qualified," having an average efficiency
exceeding 20% at an operating temperature of 301 K (28 C) under
simulated "air mass zero" illumination with an irradiance of 1,367 watts
per square meter, and 3C002.e (all resists designed or optimized for use
with imprint lithography equipment specified by 3B001.f.2. that use
either a thermal or photo-curable process) to destinations other than
Country Group A:1, cooperating countries (see Supplement No. 1 to Part
740 of the EAR), Bulgaria, Czech Republic, Estonia, Hungary, Iceland,
Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia. This NS
column 2 license requirement applies to destinations that have an "X"
indicated in NS column 2 on the Commerce Country Chart of Supplement No.
1 to Part 738 of the EAR. The purpose of the controls is to ensure that
these items do not make a contribution to the military potential of
countries in Country Group D:1 that would prove detrimental to the
national security of the United States. For designated terrorism
supporting countries or embargoed countries, the applicable licensing
policies are found in Parts 742 and 746 of the EAR, and Supplement No. 1
to Part 736 of the EAR for Syria.

The licensing policy for national security controlled items exported or
reexported to any country except a country in Country Group D:1 (see
Supplement No. 1 to Part 740 of the EAR) is to approve license
applications unless there is a significant risk that the items will be
diverted to a country in Country Group D:1. The general policy for
exports and reexports of items to Country Group D:1 is to approve
license applications when BIS determines, on a case by case basis, that
the items are for civilian use or would otherwise not make a significant
contribution to the military potential of the country of destination
that would prove detrimental to the national security of the United
States.

This rule imposes new or expands anti terrorism (AT) controls. This rule
imposes a unilateral U.S. license requirement to export and reexport
commodities (and related software and technology) controlled under ECCNs
1A006 (Equipment, specially designed or modified for the disposal of
improvised explosive devices, and specially designed components and
accessories therefor), 1A007 (Equipment and devices, specially designed
to initiate charges and devices containing energetic materials, by
electrical means), 3A001.e.4 solar cells, cell-interconnect-coverglass
(CIC) assemblies, solar panels, and solar arrays as described above,
3A991.o solar cells, cell-interconnect-coverglass (CIC) assemblies,
solar panels, and solar arrays which are "space qualified" and not
controlled by 3A001.e.4, 3C002.e (all resists designed or optimized for
use with imprint lithography equipment specified by 3B001.f.2. that use
either a thermal or photo-curable process), and 9A012.b.4 (certain air
breathing reciprocating or rotary internal combustion type engines) for
AT reasons to Cuba, Iran, North Korea, Sudan and Syria, in addition to
the national security controls imposed to implement the Wassenaar
Arrangement\'s decisions. These unilateral export controls are necessary
because under Section 6(j) of the Export Administration Act of 1979 a
license is required for items that could make a significant contribution
to the military potential of such country or that could enhance the
ability of such country to support acts of international terrorism.
There is a general policy of denial for applications to export or
reexport to terrorism supporting countries, as set forth in Part 742 of
the EAR. In addition, certain of these countries are also subject to
embargoes, as set forth in Part 746 of the EAR and Supplement No. 1 to
Part 736 of the EAR for Syria. A license is also required for the export
and reexport of these items to specially designated terrorists and
foreign terrorist organizations, as set forth in Part 744 of the EAR;
license applications to these parties are reviewed under a general
policy of denial.

**Task Force on Editorial Issues (TFEI)**

The Wassenaar Arrangement Task Force on Editorial Issues (TFEI) made
revisions, editorial in nature, to clarify or correct control text or
remove extraneous text. The TFEI revisions (over 2,000) were agreed upon
by the WA in December 2007. This rule implements only those TFEI
revisions that coincide with the revisions to ECCNs affected by the 2007
WA agreements. Other TFEI revisions will be implemented in a separate
rule.

**Revisions to the Commerce Control List**

This rule revises a number of entries on the Commerce Control List (CCL)
to implement the December 2007 agreed revisions to the Wassenaar List of
Dual Use Goods and Technologies. This rule also revises language to
provide a complete or more accurate description of controls in certain
ECCNs. A description of the specific amendments to the CCL pursuant to
the December 2007 Wassenaar Agreement is provided below. Newly added
ECCNs, as described below, are as follows: 1A006 and 1A007. The amended
ECCNs, as described below, are 1A004, 1E001, 1E201, 2B001, 2B002, 2B006,
2B007, 2B008, 3A001, 3A002, 3A229, 3B001, 3C002, 3C005, 3C006, 3D001,
3E001, 5A001, 5A002, 6A001, 6A005, 6A995, 7A002, 7A003, 7A008, 9A012,
and 9E003.

**Category 1 Materials, Chemicals, "Microorganisms," and Toxins**

ECCN 1A004 (Protective and detection equipment and components) is
amended by:

a\. Revising the Related Definitions paragraph of the List of Items
Controlled section to move the definition for \'adapted for use in war\'
from a Note in ECCN 1A004 to the Related Definitions paragraph, and
adding a new definition for \'riot controls agents\' to clarify the
meaning of these terms as they are used in the control parameters of
this entry;

b\. Revising paragraphs 1A004.a (gas masks, filter canisters and
decontamination equipment), 1A004.b (protective suits, gloves and
shoes), and 1A004.c (Nuclear, biological and chemical (NBC) detection
systems), to specifically list the agents and materials this equipment
is designed or modified to defend against that would cause this
equipment to be classified under this entry; and

c\. Replacing the last Note of ECCN 1A004 with Technical Notes 1 and 2
to provide additional information about what ECCN 1A004 includes and
does not include, as well as providing a technical definition of the
term \'simulant\'.

ECCN 1A006 is added to the CCL to control "Equipment, specially designed
or modified for the disposal of improvised explosive devices, and
specially designed components and accessories therefor."

*Rationale:* This ECCN is added to prevent potential terrorists from
discovering how to defeat the devices and ensure they are used only by
properly vetted end-users.

ECCN 1A007 is added to the CCL to control "Equipment and devices,
specially designed to initiate charges and devices containing energetic
materials, by electrical means"

*Rationale:* This ECCN is added to prevent potential terrorists from
obtaining such devices and ensure they are used by properly vetted
end-users.

ECCN 1E001 (development or production technology) is amended by:

a\. Adding two new ECCNs 1A006 and 1A007 to the heading to control the
"development" and "production" technology for those commodities; and

b\. Revising the NS and NP controls to harmonize with the newly added
ECCNs.

ECCN 1E201 (use technology) is amended by:

a\. Adding 1A007 to the heading to control the "use" technology for NP
reasons because 3A232.a was moved to 1A007.a and 1A007.b overlaps with
3A229; and

b\. Revising the NP controls to clarify that NP applies only to those
portions of the ECCNs that are controlled for NP reasons.

**Category 2 Materials Processing**

Technical Notes for 2B001 to 2B009 are amended by removing Notes 5 and
6, and adding new Notes 5 and 6 to harmonize with the Wassenaar
Arrangement\'s Technical Notes.

ECCN 2B001 (Machine tools) is amended by:

a\. Revising the Heading to add "as follows" to harmonize with the
Wassenaar Arrangement\'s List;

b\. Redesignating Related Controls, notes 1 through 3, as Related
Controls notes 2 through 4, and adding a new note 1 to reference ECCN
2B002 for optical finishing machines;

c\. Removing the word "parts" and adding an "or" after paragraph c in
Note 2 at the beginning of the items paragraph of the List of Items
Controlled section as part of the TFEI revisions, because the word
"parts" is superfluous;

d\. Removing a comma and the word "characteristics" from 2B001.a as part
of the TFEI revisions, to correct the punctuation and remove a
superfluous word;

e\. Replacing the words "the production of" with "producing", removing
the word "characteristics", and changing the outline format of the
paragraphs from numeric to alphabetic, and in the Note to 2B001.a as
part of the TFEI revisions to improve clarity and readability of this
entry;

f\. Removing a comma and the word "characteristics" from 2B001.b,
2B001.b.4, and 2B001.c, as part of the TFEI revisions to correct
punctuation and remove superfluous word;

g\. Replacing the numeric outline with an alphabetic outline, adding a
comma and the word "of" and removing the word "characteristics" in
paragraph (a) in the Notes to 2B001.c as part of the TFEI revisions to
improve clarity and readability;

h\. Adding a comma and removing the word "characteristics" to 2B001.e as
part of the TFEI revisions to correct punctuation and remove superfluous
word;

i\. Replacing the word "which" with "and all of the following" in
2B001.e.2 as part of the TFEI revisions to clarify the entry;

j\. Removing the word "have" and capitalizing the word "A" in
2B001.e.2.b as part of the TFEI revisions to clarify the entry; and

k\. Replacing the parameter "5,000 mm" with "5 m" in 2B001.f as part of
the TFEI revisions to harmonize with Wassenaar style.

ECCN 2B002 (Numerically controlled machine tools using a
magnetorheological finishing (MRF) process) is amended by:

a\. Removing a comma and adding the phrase "for selective material
removal" to the heading to better distinguish finishing tools that only
remove material from selected locations as opposed to polishing tools
that are used to improve the finish of an entire surface;

b\. Adding a definition for the two new terms \'inflatable membrane tool
finishing\' and \'Fluid jet finishing\' to the Related Definitions
paragraph of the List of Items Controlled section for reasons explained
in the Rationale below;

c\. Revising the number of axes from "three" to "four" in 2B002.c
section for reasons explained in the Rationale below;

d\. Adding single quotes around the terms listed in 2B002.d.1
'Magnetorheological finishing (MRF)' and d.2 'Electrorheological
finishing (ERF)', because these terms are defined within this ECCN; and

e\. Replacing the period with a semi-colon in 2B002.d.3; and adding two
new finishing processes: \'Inflatable membrane tool finishing\' and
\'Fluid jet finishing\' in 2B002.d.4 and 2B002.d.5 respectively, for
reasons explained in the Rationale below.

> ***Rationale:** A common element of finishing machines is that the
> finishing tool is relatively small compared to the workpiece and makes
> contact over a small area within the aperture of the workpiece
> (typically an optical component) at any one point in time, as opposed
> to traditional finishing/polishing tools that make contact over a
> large area of the workpiece surface. For this reason, the terms
> \'sub-aperture finishing\' and \'small tool\' are sometimes used to
> describe these machines. Some examples of tools using
> sub-aperture/small tool processes are Magnetorheological Finishing
> (MRF), Eletrorheological Finishing (ERF), the Loh AII and Zeeko
> inflatable membrane, and fluid jet finishing machines. These machines
> use multiple axes (3-7) to manipulate the finishing tool and Computer
> Numerical Control (CNC) software to coordinate the axes.*
>
> *Many of the applications of such machines are for flat or spherical
> components and the software could be restricted to this capability
> allowing export of less capable machines. These machines use
> proprietary software capable of producing aspheres or freeform
> surfaces. However, this software does not have to be part of the
> machine controller, but can be a standalone item that creates a CNC
> program for the finishing machine.*
>
> *The free transfer of finishing machines to countries of concern would
> give those countries an improved ability to produce military critical
> optical components. An optical finishing machine can produce equal or
> better quality aspheric optics than controlled diamond turning
> machines or high precision grinders, and can also produce freeform
> optics such as wavefront plates and conformal windows. The numerical
> control provides the ability to produce aspheric and non-spherical
> optics in minutes to hours as opposed to days of highly skilled labor
> for manual production. It is for this reason that inflatable membrane
> tool finishing and fluid jet finishing processes are being added to
> the CCL.*

ECCN 2B006 (Dimensional inspection or measuring systems and equipment)
is amended by:

a\. Adding a Note under the Nuclear non-Proliferation (NP) controls in
the License Requirements section, stating "NP applies to measuring
systems in 2B006.b.1.c that maintain, for at least 12 hours, over a
temperature range of  1 K around a standard temperature and at a
standard pressure, all of the following: a "resolution" over their full
scale of 0.1 m or less (better); and a "measurement uncertainty" equal
to or less (better) than (0.2 + L/2,000) m (L is the measured length in
mm)."

> ***Rationale:** The Nuclear Suppliers Group has not adopted the
> revisions pertaining to measuring systems in 2B006.b.1.c that the
> Wassenaar Arrangement has adopted. Therefore, these measuring systems
> are controlled for nuclear non-proliferation reasons when they meet
> the criteria that were in place prior to the publication of this rule,
> which are outlined in the newly added NP note.*

b\. Adding single quotes around the term \'Linear displacement\' in
2B006.b.1 and replacing the double quotes with single quotes around the
same term as it appears in the technical note to 2B006.1, as part of the
TFEI revisions, because the term is defined in this ECCN;

c\. Removing the word "characteristics" from 2B006.b.1.b as part of the
TFEI revisions to remove a superfluous word;

d\. Removing the word "or" from 2B006.b.1.b.2 as part of the TFEI
revisions for clarity;

e\. Revising the temperature parameter in 2B006.b.1.c.2, as explained in
the Rationale below;

f\. Revising the \'measurement uncertainty\' parameter in
2B006.b.1.c.2.b, as explained in the Rationale below;

g\. Replacing the period with a semi-colon in 2B006.b.1.d as part of the
TFEI revisions to correct the punctuation; and

h\. Adding a Note following paragraph 2B006.c that states, "Machine
tools, which can be used as measuring machines, are controlled if they
meet or exceed the criteria specified for the machine tool function or
the measuring machine function." to conform to the Wassenaar List.

> ***Rationale**: Studies into laser interferometers concluded that the
> value of the measurement uncertainty in 2B006.b.1.c.2.b includes
> taking into account the refractive index of air in order to achieve a
> measurement uncertainty of 0.2 + L/2,000 m. Lasers used in these
> systems are now extremely stable and contribute very little to the
> overall measurement uncertainty, whereas the compensation for
> environmental conditions contribute approximately 4/5 towards the
> systems measurement uncertainty. Therefore it is important to
> acknowledge that the system measurement uncertainty includes
> compensation for the refractive index of air.*
>
> *The reference to standard pressure in 2B006.b.1.c.2 has been removed
> as this would be difficult to achieve when testing longer ranges, and
> compensating for the refractive index of air negates this requirement.
> However, reference to temperature remains as it has an effect on the
> systems optics as well as the refractive index of air and contributes
> to the 0.2m component of the measurement uncertainty.*
>
> *The term \'capable of achieving\' in 2B006.b.1.c.2.b has been
> introduced to avoid laser interferometer systems being exported with
> poor environmental sensors in the compensation units, resulting in
> measurement uncertainty values outside the control parameters, which
> could then be replaced with compensator units with good environment
> sensors, making the system\'s measurement uncertainty as good as or
> better than those of the control parameters after export.*

ECCN 2B007 (Robots) is amended by:

a\. Replacing the double quotes with single quotes around the term
\'scene analysis\' in 2B007.a and the Technical Note that follows, as
part of the TFEI revisions, because this term is a definition defined
within ECCN 2B007, instead of a global definition in part 772 of the
EAR;

b\. Adding the word "potentially" to 2B007.b and adding a Note after
2B007 that excludes robots specially designed for paint-spraying booths
from control in this entry. The reason for this change is explained in
the rationale below; and

c\. Changing the NP controls from \"2B007.b and 2B007.c and to specially
designed controllers and \'end effectors\' therefore\" to \"equipment
that meets or exceeds the criteria in ECCNs 2B207.\"

> ***Rationale:** Robots which can be used for a military purpose and
> should be controlled are those with the capability of handling high
> explosives in potentially explosive atmospheres. To make the meaning
> of \'explosive munitions environments\' clear, the term "potentially"
> is added before \'explosive munitions environments\'. In addition, a
> new Note to decontrol robots specially designed for paint-spraying
> booths is added. A spraying robot alone is not considered to be a
> military concern, and today spraying robots are widely used in
> automobile manufacturing.*

ECCN 2B008 (Assemblies or units, specially designed for machine tools,
or dimensional inspection or measuring systems and equipment) is amended
by:

a\. Revising the reference in the Nota Bene (N.B.) following 2B008.a for
laser systems from "Note to 2B006.b.1\" to "2B006.b.1.c and d." to
conform with linear laser systems in 2B006; and

b\. Revising the reference in the Nota Bene (N.B.) following 2B008.b for
laser systems from "Note to 2B006.b.1\" to "2B006.b.2\" to conform with
rotary systems in 2B006.

**Category 3 Electronics**

ECCN 3A001 (Electronic components) is amended by:

a.  Adding the phrase "and specially designed components therefor" to
    the heading to match the heading with the scope of the entry as part
    of the TFEI revisions;

b.  Revising the GBS paragraph of the License Exceptions section to fix
    a typographical error, i.e., "TWAS" to "TWTAs";

c.  Revising the Note 2 in the Related Controls paragraph of the List of
    Items Controlled section to harmonize it with the revisions to the
    Items paragraph of this ECCN;

d.  Removing the second and third sentences in the "Related Definitions"
    paragraph of the List of Items Controlled section to harmonize it
    with the revisions to the Items paragraph of this ECCN;

e.  Removing paragraph 3A001.e.1.c (space qualified and radiation
    hardened photovoltaic arrays) in the "items" paragraph of the List
    of Items Controlled section to move controls to a more appropriate
    location in e.4, because batteries and photovoltaic devices reflect
    different technologies;

f.  Adding a new paragraph 3A001.e.4 and related technical note to the
    \"items\" paragraph in the List of Items Controlled section to
    explicitly list solar cells, cell-interconnect-coverglass (CIC)
    assemblies, solar panels, and solar arrays in order to remove any
    ambiguity in the control of these technologies.

g.  Removing "neural network integrated circuits" from 3A001.a.2, which
    removes the overlapping control between 3A001.a.2 and 3A001.a.9;

h.  Replacing the period with a semi-colon in 3A001.a.5.a.5 to correct
    the punctuation as part of the TFEI revisions;

i.  Adding a comma and an "and" to 3A001.a.6 as part of the TFEI
    revisions to clarify the meaning of the sentence;

j.  Adding single quotes around the term \'field programmable logic
    devices\' as part of the TFEI revisions to indicate that the
    definition for this term is located in this entry;

k.  Revising the type of note from N.B. to Technical Note after the Note
    to 3A001.a.7 to correct the type of note and to add single quotes
    around the term \'field programmable logic devices\' as part of the
    TFEI revisions to indicate that the definition for this term is
    located in this entry;

l.  Replacing the words "which meets" with "and having" and removing the
    word "characteristics" from Note 1 to 3A001.b.1 and from paragraph b
    of Note 2 to 3A001.b.1 as part of the TFEI revisions to clarify the
    entry;

m.  Replacing the words "which meets" with "having" and removing the
    word "characteristics" from Note 2 to 3A001.b.1 as part of the TFEI
    revisions to clarify the entry;

n.  Adding the word "Tubes" to 3A001.b.1.a.1 and 3A001.b.1.a.2 as part
    of the TFEI revisions to better describe the commodities;

o.  Replacing the word "with" with "having" and removing the word
    "characteristics" in 3A001.b.1.a.4 as part of the TFEI revisions to
    clarify the entry;

p.  Adding initial capitalization and double quotes around the term
    "Monolithic Integrated Circuit" as part of the TFEI revisions
    because it is an acronym and a defined term in part 772;

q.  Adding the words "solid state" and a comma after amplifiers in
    3A001.b.4 to clarify the text, as described in the Rationale below;

> ***Rationale for g. through q. above:** In 2003 it was agreed by the
> Wassenaar Arrangement to update the control text for microwave solid
> state amplifiers and include text for assemblies containing these
> amplifiers. The existing control text, as written, goes beyond the
> original intent to control microwave assemblies/modules containing
> solid state amplifiers and can be interpreted to control traveling
> wave tube amplifiers, which are to be controlled as described in
> 3A001.b.8. The addition of the words solid state to describe the type
> of amplifiers contained in the microwave assembly will eliminate this
> interpretation.*

r\. Adding double quotes around the term "fractional bandwidth" in
3A001.b.4.f.2 as part of the TFEI revisions, because this is a global
definition found in part 772;

s\. Replacing the period with a semi-colon in 3A001.b.4.f.3 as part of
the TFEI revisions to correct the punctuation;

t\. Adding an "and" in 3A001.b.5 as part of the TFEI revisions to add
clarity to the sentence;

u\. Removing the words "Mixers and" and adding the words "and harmonic
mixers," and adding a reference to "3A002.d" in 3A001.b.7, as explained
in the Rationale below;

> ***Rationale**: As a consequence of the deletion of subparagraph
> 3A001.b.6 in December 2003, there is ambiguity regarding the
> distinction between \"mixers\" and \"converters\" in 3A001.b.7. Prior
> to December 2003, generic mixers as standalone components were
> controlled in then-3A001.b.6 (microwave assemblies \>31.8 GHz). As
> part of the deletion of 3A001.b.6, there was a deliberate decision to
> release controls on mixers that are standalone components. Thus,
> retention of the word \"mixers\" in 3A001.b.7 is confusing, and best
> modified with the term "harmonic mixers," because such mixers are
> typically used to extend the frequency range of systems described in
> 3A002.c, 3A002.d, 3A002.e, and 3A002.f.*

v\. Revising the reference in 3A001.b.8 from reading "3A001.b" to read
"3A001.b.1\" to correct the reference;

w\. Adding double quotes around "monolithic integrated circuit",
removing a comma, adding an "and", and removing the word
"characteristics" in 3A001.b.9 as part of the TFEI revisions to clarify
the entry and make it clear that "monolithic integrated circuit" is a
global definition in part 772 of the EAR;

x\. Adding single quotes around the term \'turn-on time\' in 3A001.b.9.a
and Technical Note 2 following paragraph 3A001.b.9.c.2 as part of the
TFEI revision, because this term is defined in this entry;

y\. Adding the word "having" in 3A001.b.9.c and 3A001.g.2 as part of the
TFEI revisions to clarify the entry;

z\. Removing the word "having" from 3A001.b.9.c.2 as part of the TFEI
revisions to clarify the entry;

aa. Removing the word "control" from Technical Note 1 following
paragraph 3A001.b.9.c.2 as part of the TFEI revisions, because the word
is superfluous;

bb. Replacing a semi-colon with a comma in Technical Note 2 following
paragraph 3A001.b.9.c.2 to fix the punctuation as part of the TFEI
revisions;

cc\. Removing commas before and after \"as follows\" in 3A001.c. to fix
punctuation as part of TFEI revisions;

dd. Revising the frequency from "2.5 GHz" to "6 GHz" in 3A001.c.1.a and
3A001.c.1.b, as explained in the rationale below;

ee. Removing the comma in 3A001.c.1.b as part of the TFEI revisions;

ff. Removing a comma and adding an "and" in 3A001.c.1.c and 3A001.e.3 as
part of the TFEI revisions to clarify the entry;

gg. Revising the bandwidth from "50 MHz" to "100 MHz" in 3A001.c.1.c.3,
as explained in the Rationale below;

hh. Revising the frequency from "1 GHz" to "2.5 GHz" in 3A001.c.2, as
explained in the Rationale below;

> ***Rationale:** Use of acoustic wave devices in civilian application
> is indeed becoming predominant between 1 and 6 GHz. However, they
> usually do not require high rejection and/or high bandwidth.
> Therefore, this rule has changed the frequency upper limit in
> paragraphs 3A001.c.1.a and 3A001.c.1.b to 6 GHz without changing
> bandwidth or rejection. Below 1 GHz, there is an increasing civilian
> need for bandwidth of 100 MHz, but once again, these civilian
> applications do not usually require high rejection. Bulk acoustic wave
> devices above 2.5 GHz are considered military significant (e.g.,
> S-band and X-band radar). Therefore this rule has limited the
> frequency extension to 2.5 GHz, allowing the exclusion of most of the
> items used only in civilian applications (2.4 GHz and below) from
> control in this entry.*

ii\. Adding a comma after "materials" and replacing "with" with "and
having" in 3A001.d as part of the TFEI revisions to clarify the entry;

jj. Removing the comma in 3A001.e as part of the TFEI revisions to
correct the punctuation of the entry;

kk. Adding single quotes around the term \'Cells\' and removing the
comma in 3A001.e.1 as part of the TFEI revisions to indicate that
'cells' are defined in the entry and to clarify the entry;

ll. Adding single quotes around the terms \'primary cells\' and \'energy
density\' in 3A001.e.1.a , 3A001.e.1.b and Technical Note 1 as part of
the TFEI revisions, because these terms are defined in the entry;

mm\. Adding the abbreviation of "Ah" for the term "ampere-hours" in
Technical Note 1 after paragraph 3A001.e.1.b as part of the TFEI
revisions to clarify the entry;

nn. Replacing \"and\" with \"an\" in front of \"electrolyte\" in
Technical Note 2 after paragraph 3A001.e.1.b to correct grammar as part
of the TFEI revisions;

oo. Removing a comma from 3A001.e.2 as part of the TFEI revisions to
correct the punctuation in the entry;

pp. Adding an "and" to 3A001.e.2.a and 3A001.e.2.b as part of the TFEI
revisions to clarify the entry;

qq. Adding a comma after "solenoids" and replacing a comma with \"and\"
in 3A001.e.3 as part of the TEFI revisions; and, replacing a period with
a semi-colon at the end of 3A001.f.2 as part of the TEFI revisions;

rr. Adding single quotes around the term \'thyristor modules\' and a
comma after this term in 3A001.g as part of the TFEI revisions to
indicate that these modules are defined in the entry, and replacing a
comma with an "and" as part of the TFEI revisions to clarify the entry;

ss. Correcting the numbering of the paragraphs in 3A001.g;

tt. Adding "having" in 3A001.g.2 as part of the TFEI revisions to
clarify the entry; and

uu. Adding single quotes around the term \'thyristor modules\' in Note 2
to 3A001.g as part of the TFEI revisions to indicate that these modules
are defined in the entry, and to clarify the entry.

ECCN 3A002 (General purpose electronic equipment) is amended by:

a\. Revising the heading to implement the TFEI to clarify the scope of
the entry;

b\. Revising a reference to "3A002.g.2\" to read "3A002.g.1\" in the
Related Controls paragraph of the List of Items Controlled section to
correct this paragraph reference;

c\. Removing a comma and adding an "and" to 3A002.a.3, 3A002.a.4, and
3A002.a.6, as well as removing commas from 3A002.a, as part of the TFEI
revisions to clarify the entry;

d\. Adding single quotes around the term \'continuous throughput\' in
3A002.a.5.b and 3A002.a.b.6 as part of the TFEI revisions, because it is
a defined term within the Technical Note that follows this paragraph;

e\. Revising "Technical Note" to read "Technical Notes" and separating
the technical note that follows 3A002.a.5.b into two separate Technical
Notes and adding single quotes around \'continuous throughput\' as part
of the TFEI revisions, for the purpose of clarity;

f\. Adding double quotes around "signal analyzers" in the Note that
follows 3A002.b, as part of the TFEI revisions, because this is a global
term that is defined in part 772 of the EAR;

g\. Adding a hyphen between the words "radio" and "frequency" and
removing a comma in 3A002.c, as part of the TFEI revisions to add
clarity;

h\. Adding single quotes around the term \'pulse duration\' in 3A002.d.1
to indicate this is defined within this ECCN, as part of the TFEI
revisions;

i\. Removing "the term" from Note 1 after 3A002.d.4 as part of the TFEI
revisions to remove superfluous words;

j\. Revising 3A002.g (atomic frequency standards) to make adjustments
based on technical advancements in this area, as explained in the
Rationale below;

> ***Rationale:** Precision timing sources enable precision navigation
> and precision sensor array synchronization. Miniaturized precision
> timing sources are a potential enabling technology for small unmanned
> vehicles. Miniaturization has also transformed the applications for
> which rubidium standards can be used. Advances in technology have now
> made possible very small atomic clocks - which happen also to be based
> on energy state transitions of rubidium. Unfortunately, the control
> text in Category 3 did not anticipate the new technology and
> specifically exempted all so-called \"rubidium clocks\" that are not
> space-qualified from control, thus decontrolling atomic clocks and
> technology of concern. This revision to 3A002.g is intended to avoid
> capturing rubidium clocks, which are based on the older lamp-pumped
> technology, because those clocks require more power to operate. This
> revision is also intended to control emerging technology (so-called
> coherent population trapping (CPT) technique or laser-pumped gas cell
> technique) that has far more significant military applications.*

ECCN 3A229 (Firing Sets) is amended by revising the Related Controls
paragraph to add a reference to 1E001 for "development" and "production"
technology and 1E201 for "use" technology.

ECCN 3A232 (Detonators and multipoint initiation systems) is amended by:

a\. Redesignating Related Controls notes 1 and 2 to 2 and 3, and adding
a new note 1 that reads "See 1A007 for electrically driven explosive
detonators."; and

b\. Removing and reserving 3A232.a and all but the last sentence of the
technical note, because electrically driven explosive detonators are now
controlled in ECCN 1A007.

ECCN 3B001 (Equipment for manufacturing of semiconductor devices or
materials, and specially designed components and accessories therefore)
is amended by:

a\. Removing a comma from the heading as part of the TFEI revisions to
correct punctuation;

b\. Adding initial capitalization to the term \'Metal Organic Chemical
Vapor Deposition\' in 3B001.a.2 as part of the TFEI revisions to correct
format and to indicate the meaning of the acronym MOCVD;

c\. Removing a comma and adding an \'and\' to 3B001.b and 3B001.f.1 as
part of the TFEI revisions to correct grammar;

d\. Adding \'Chemical Vapor Deposition\' in front of the acronym (CVD)
in 3B001.d as part of the TFEI revisions to add clarity;

e\. Removing the comma after \"equipment\" in 3B001.f. as part of the
TFEI revisions to add clarity;

f\. Removing a comma and adding an \"and\" in 3B001.f.1. as part of the
TFEI revisions to add clarity;

g\. Adding single quotes around \'minimum resolvable feature size\' in
3B001.f.1.b and in the Technical Note that follows, to indicate that
this term is defined in the Technical Note that follows that paragraph;

h\. Revising 3B001.f.3 (equipment specially designed for mask making or
semiconductor device processing) to clarify the scope of the control;

i\. Adding a comma to 3B001.g as part of the TFEI revisions, to correct
the punctuation; and

j\. Replacing the period with a semi-colon at the end of 3B001.h as part
of the TFEI revisions to correct the punctuation.

ECCN 3C002 (Resist materials) is amended by:

a\. Revising the heading as part of the TFEI revisions, to clarify the
scope of the entry; and

b\. Revising the reference to "3C002.b through .d" to read "3C002.b
through .e" in the eligibility paragraphs for License Exceptions GBS and
CIV to reflect the new paragraph 3C002.e; and

c\. Adding a new paragraph 3C002.e to control "all resists designed or
optimized for use with imprint lithography equipment specified by
3B001.f.2 that use either a thermal or photo-curable process".

> ***Rationale:** With the tools used for imprint lithography now being
> controlled as a result of the 2006 Wassenaar Arrangement agreements,
> for completeness, the resists materials used with these controlled
> tools are being controlled through this new paragraph 3C002.e. Resists
> for imprint lithography equipment is now controlled in the same manner
> as controls on optical lithography equipment.* *Resists are
> indispensable materials for the exposure process in semiconductor
> manufacturing. These semiconductors are used in many military items.*

ECCN 3C005 (Silicon carbide (SiC) wafers) is amended by revising the
heading to add controls resulting from technical advancements and to
make technical clarifications, as explained in the Rationale below.

***Rationale**: Gallium nitride (GaN) transistors have demonstrated
performance at power densities well beyond microwave transistors based
on gallium arsenide (GaAs). Power levels achieved from GaN transistors
have also exceeded by a factor of four to five those obtained from
comparable GaAs transistors at frequencies up to 40 GHz.*

*GaN substrates may also be used to produce high brightness
Light-Emitting Diodes (LEDs) and semiconductor blue laser diodes. The
resistivity parameter (10,000 ohm-cm) of this ECCN was chosen to control
GaN substrates and wafers used to produce microwave devices with
significant military potential, while excluding GaN substrates and
wafers for LED or diode production from control. Substrates for LED or
diode production are generally lower in resistivity. Some substrates for
commercial microwave products may be controlled under this revision.*

*Aluminum nitride (AlN) substrates have also shown great promise as a
substrate for the deposition of GaN epitaxial layers. They posses high
thermal conductivity, low thermal expansion mismatch, as well as
relatively low lattice mismatch with GaN, and have great potential for
use in military high power microwave applications.*

*It is also important to control the ingots and boules of SiC, GaN and
AlN that have the resistivity of the wafers sliced from the ingots and
boules. Otherwise, there would be a loop-hole in the controls. For this
reason, ingots, boules and other preforms of those materials have been
added to the Heading of this entry.*

*This revision to ECCN 3C005 also makes a technical clarification, which
is also applied to the new ECCN 3C006, noting that the resistivity
parameter is a substrate resistivity measurement made at room
temperature (20°C).*

ECCN 3C006 is added to control \"Substrates\" specified in 3C005 with at
least one epitaxial layer of silicon carbide, gallium nitride, aluminum
nitride or aluminum gallium nitride.

***Rationale:** A single layer of epitaxy that is of the same material
as the substrate should be controlled, as this type of epitaxy
(\"homo-epitaxy\") can be used to make RF devices. Presently, the CCL
only controls epitaxy material, which is different than the substrate
material (\"hetero-epitaxy\"). The creation of ECCN 3C006 closes this
loop-hole by controlling these substrates.*

ECCN 3D001 (Development and production software) is amended by changing
Related Controls Notes 1 and 2 to conform to the new 3A001 Related
Controls for solar cells, cell-interconnect-coverglass (CIC) assemblies,
solar panels, and solar arrays in order to remove any ambiguity in the
control of these technologies.

ECCN 3E001 (Development and production technology) is amended by:

a\. Revising the Heading to add ECCN 3A999 to the list of excluded ECCNs
controlled by this entry, because this Wassenaar created ECCN did not
intend to control ECCN 3A999 items;

b\. Revising the national security control text in the License
Requirement section to add ECCN 3C006 in order to control the
"development" and "production" technology for this newly controlled
commodity;

c\. Removing "The term" from the Technical Note in the Items paragraph
of the List of Items Controlled section of 3E001, as part of the TFEI
revisions, because these words are superfluous; and

d\. Revising Related Controls Note 2 to conform to the new 3A001 Related
Controls for solar cells, cell-interconnect-coverglass (CIC) assemblies,
solar panels, and solar arrays in order to remove any ambiguity in the
control of these technologies.

**Category 5 Part I Telecommunications**

ECCN 5A001 (Telecommunications systems, equipment, and components) is
amended by:

a\. Adding the words "and accessories" to the heading as part of the
TFEI revisions, to more correctly state the scope of this entry;

b\. Replacing a period with a semi-colon in 5A001.a.3 as part of the
TFEI revisions, to correct the punctuation;

c\. Revising 5A001.b.1 (underwater communications systems) by adding
"untethered" and by adding a new paragraph 5A001.b.1.d to control
systems using lasers or light-emitting diodes (LEDs) because of
technical advancements for this type of equipment;

> ***Rationale**: The existing control text in this entry was written
> years ago and was written with regard to underwater communications
> technologies which were known at the time. New technologies have
> emerged that are not specified by the current controls but which have
> capabilities similar to, or even exceeding, those currently specified.
> The addition of paragraph 5A001.b.1.d is necessary to close the
> loophole for underwater untethered optical communications using laser
> or LED.*

d\. Removing the word "characteristics" from 5A001.b.1, 5A001.b.2,
5A001.b.3, and 5A001.e as a part of the TFEI revisions because it is
superfluous;

e\. Replacing a comma with the word "and" in 5A001.b.3 and 5A001.b.4 as
part of the TFEI revisions to correct the grammar;

f\. Replacing "1.0 Watt" with "1 W" in the Note to 5A001.b.3 as a part
of the TFEI revisions, because this is the standard way of stating such
a parameter;

g\. Adding single quotes around the term \'voice coding\' in 5A001.b.6
and the Technical Note that follows as a part of the TFEI revisions
because this term is defined within the entry;

h\. Adding single quotes around the term \'proof test\' in 5A001.c.1 and
the Technical Note that follows as part of the TFEI revisions because
this term is defined within the entry;

i\. Adding a comma and replacing the period with a semi-colon in
5A001.c.2 as part of the TFEI revisions to correct the punctuation;

j\. Replacing a period with a semi-colon in 5A001.d. as part of the TFEI
revisions to correct punctuation;

k\. Adding initial capitalization to "Microwave Landing Systems" because
it is followed by the acronym (MLS) in the Note to 5A001.d and replacing
a period with a semi-colon as part of the TFEI revisions;

l\. Adding initial capitalization to "Line Of Bearing" because it is
followed by the acronym (LOB) in 5A001.e.2, and replacing the period
with a semi-colon to correct the punctuation as part of the TFEI
revisions;

m\. Removing the word "cellular" from 5A001.f to account for technical
advancements of this equipment;

> ***Rationale**: Manufacturers are being asked to design jamming
> equipment for satellite telephony systems that are being used in
> warfare. The systems are not specially designed for military use. This
> equipment is not currently controlled by 5A001.f. These systems are
> being used by insurgents to command and control activity in conflict
> areas. Therefore, this revision to paragraph 5A001.f is made to expand
> the scope of control to include jammers for any mobile
> telecommunications device in order to prevent the users of the
> equipment from obtaining this type of jamming device, or related
> technology used to defeat it.*

n\. Replacing a comma with an "and" in 5A001.f as part of the TFEI
revisions to correct the grammar;

o\. Replacing a period with a semi-colon in 5A001.f.2. as part of the
TFEI changes to correct punctuation;

p\. Adding the acronym (PCL) after Passive Coherent Location in 5A001.g
as part of the TFEI revisions as this is a commonly used acronym; and

q\. Adding "or" in the note to 5A001.g as part of the TFEI revisions to
correct the format.

**Category 5 Part 2 "Information Security"**

ECCN 5A002 (\"Information security\" systems, equipment and components)
is amended by:

a\. Revising the Heading, as part of the TFEI revisions to clarify the
scope of the entry;

b\. Adding the words "any of" in the heading of the Note to 5A002 as
part of the TFEI revisions to clarify the heading;

c\. Adding \"having any of the following\" after the word \"cards\" in
paragraph (a)(1) of the Note to 5A002 as part of the TFEI revisions to
clarify the text;

d\. Replacing the reference to paragraph f with a reference to paragraph
g in paragraph (a)(1) of the Note to 5A002 to harmonize this paragraph
with the addition of a new paragraph g in the Note to 5A002;

e\. Adding single quotation marks around the term \'money transactions\'
in paragraph d of the Note to 5A002;

f\. Replacing "N.B." with "Technical Note" after paragraph 5A002.d and
replacing the double quotation marks with single quotation marks around
the term \'money transactions\' in this Technical Note as part of the
TFEI changes to add clarity to the text;

g\. Replacing the phrase "that are not capable of end-to-end encryption"
with "that are not capable of transmitting encrypted data directly to
another radiotelephone or equipment (other than Radio Access Network
(RAN) equipment), nor of passing encrypted data through RAN equipment
(e.g., Radio Network Controller (RNC) or Base Station Controller (BSC))"
in paragraph e of the Note to 5A002 at the beginning of the items
paragraph in the List of Items Controlled section;

> ***Rationale:** This change in paragraph e of the Note to 5A002
> clarifies that portable handheld devices (such as 3G cellular phones)
> providing secure Web browser, e-mail and other encryption capability
> across networks such as the Internet are controlled by the Wassenaar
> Arrangement, unless they are otherwise decontrolled as \'mass market\'
> products according to the provisions of the Cryptography Note (Note 3)
> of Category 5 - Part 2). The technical language of this revised Note e
> clarifies that encrypted \'phone-to-server\' (e.g., Internet)
> connections are treated the same as encrypted \'phone-to-phone\'
> connections. Meanwhile, portable handheld devices (such as 2G cellular
> phones) where encryption is limited to airlink encryption to base
> stations (RAN equipment) remain eligible for the provisions of
> Category 5 - Part 2 (ECCN 5A002) Note e.*

[]{.mark}

h\. Adding a new paragraph g to the Note to 5A002 to exclude from ECCN
5A002 certain portable or mobile radiotelephones and similar client
wireless devices for civil use, as well as adding an "or" to the end of
the preceding paragraph f;

> ***Rationale**: Paragraph g was added to 5A002 to make clear that mass
> market mobile devices that are adapted for a particular civil industry
> application, with features that do not involve any changes to the
> cryptographic functionality of the original device, are not intended
> to be controlled under ECCN 5A002. Examples of such customized
> products are CDMA/GSM/GPRS/Wi-Fi (IEEE 802.11)/Bluetooth devices for
> the transportation (including automotive parts and equipment) and
> service industries, Personal Digital Assistants (PDAs) and Pocket PCs
> for health care professionals, and wireless water/gas/electric utility
> meter readers.* *These customized products are not intended for retail
> sale to the general public, and therefore were not clearly excluded
> from control under previous Category 5 Part 2 text. However, the
> technical details of the original (non-customized) mass market
> platforms are not affected by such adaptations for a particular civil
> application operating over publicly accessible commercial networks.*

i\. Adding initial capitalization to "Global Navigation Satellite
Systems", adding the acronym (GNSS), and replacing the abbreviation
"e.g." with "i.e." in the Nota Bene (NB) after 5A002.a, as part of the
TFEI revisions to clarify the entry;

j\. Adding an "and" in 5A002.a.1 as part of the TFEI revisions to
clarify the entry;

k\. Adding an "and" and removing "characteristics" from 5A002.a.6 as
part of the TFEI revisions to clarify the entry; and

l\. Adding initial capitalization to "Quantum Key Distribution" in
Technical Note 2 after 5A002.a.9, as part of the TFEI revisions to
clarify the term in the entry.

**Category 6 Sensors**

ECCN 6A001 (Acoustics) is amended by:

a\. Revising the Heading as part of the TFEI revisions to clarify the
scope of the entry;

b\. Removing a comma and adding an "and" in 6A001.a.1.a, as part of the
TFEI revisions for clarity;

c\. Removing the word "Being" in 6A001.a.1.a.1, 6A001.a.1.a.2, and
6A001.a.1.a.3, as part of the TFEI revisions for clarity;

d\. Removing a comma and adding an "and" in 6A001.a.1.c, as part of the
TFEI revisions for clarity;

e\. Adding single quotes around the term \'acoustic power density\' in
6A001.a.1.c.2 and the Technical Note that follows 6A001.a.1.c.2 to
indicate that the term is defined within the entry, as well as
correcting unit of measurement "Mw" to read "mW", as part of the TFEI
revisions;

f\. Adding a comma in 6A001.a.1.d, as part of the TFEI revisions;

g\. Deleting the word \"characteristics\" from 6A001.a.2.a. as part of
the TFEI revisions;

h\. Removing the "or" at the end of 6A001.a.2.a.3.a, as part of the TFEI
revisions;

i\. Adding single quotes around the terms \'Piezoelectric polymer
films\', \'flexible piezoelectric composites\', \'hydrophone
sensitivity\' in 6A001.a.2.a.3.b, 6A001.a.2.a.3.c, and 6A001.a.2.a.4,
respectively, to indicate these terms are defined within the entry, as
part of the TFEI revisions;

j\. Removing the word "When" in 6A001.a.2.a.5, as part of the TFEI
revisions for clarity;

k\. Adding single quotes around the term \'hydrophone sensitivity\' in
Technical Note 3 that follows 6A001.a.2.a.6 to indicate that the term is
defined in the entry, as part of the TFEI revisions;

l\. Replacing double quotation marks around the phrase \"able to be
modified\" with single quotations marks in the Technical Note after
6A001.a.2.b.2. as part of the TFEI revisions;

m\. Replacing the double quotes with single quotes around the term "able
to be modified" in the technical note after a.2.b.2, because the term is
locally defined in the ECCN;

n\. Adding a comma after the word \"systems\" in 6A001.a.2.e. as part of
the TFEI changes to add clarity to the text;

o\. Removing and reserving paragraph 6A001.a.2.b.6 as explained in the
Rationale below;

> ***Rationale:** Paragraph 6A001.a.2.b.6 is removed because the depth
> control of the streamer itself, combined with the control on
> hydrophones that already exist in 6A001.a.2.b.2 are robust enough to
> cover the multiplexer module depth limit.*

p\. Revising "Correlation-velocity sonar log equipment" to read
"Correlation-velocity and Doppler-velocity sonar log equipment", adding
"as follows" to 6A001.b, and moving the parameter "at distances between
the carrier and the sea bed exceeding 500 m" from 6A001.b to a new
paragraph 6A001.b.1.a as explained in the Rationale below;

q\. Adding two new paragraphs: 6A001.b.1 for correlation-velocity sonar
log equipment, and 6A001.b.2 for doppler-velocity sonar equipment, as
well as adding 2 new exclusion notes as explained in the Rationale
below.

> ***Rationale:** The revision to 6A001.b and the addition of 6A001.b.1
> and 6A001.b.2 were necessary because velocity sonar logs can be either
> correlation-velocity sonar logs (CVSL) or Doppler-velocity sonar logs
> (DVSL). They are being used increasingly in both commercial and
> military underwater applications. Although the specific techniques
> used by the CVSL and DVSL are different, they both determine the
> horizontal speed of surface vessels, underwater vehicles or swimmers
> in both fore and aft and athwartship (at right angles).*

ECCN 6A005 (Lasers) is amended by:

a\. Revising the citation "6A005.b.2, b.3, or b.4\" to read "6A005.a.4,
b.2, b.3, b.4\" in paragraph g of the License Requirements Note to
correct an oversight;

b\. Revising the text in the GBS and CIV paragraphs of the License
Exception section to match the license exception eligibility in place
prior to the November 5, 2007 Federal Register publication of the 2006
Wassenaar implementation regulation (72 FR 62524) and to correct an
error; and

b\. Revising the phrase "less than 1 s" to read "less than 1 ns" in
paragraph b.6.a of the Items paragraph in the List of Items Controlled
section to correct a typographical error and harmonize the CCL with the
WA List.

***Rationale:** Dye and liquid lasers controlled by 6A005.c.3, except
for a pulsed single longitudinal mode oscillator having an average
output power exceeding 1W and a repetition 1 kHz if the pulse duration
is less than 100 ns, were eligible for License Exception GBS and CIV
prior to the 11/05/07 publication. When ECCN 6A005 was completely
revised in the November 5, 2007 Federal Register publication these
lasers were inadvertently removed from being eligible for License
Exceptions GBS and CIV. This rule corrects that error.*

ECCN 6A995 is amended by correcting the reference "6A995.e.1.b" to read
"6A995.e.2.b" in the Note following 6A995.e.2.b.

**Category 7 Navigation and Avionics**

ECCN 7A002 (Gyros or angular rate sensors) is amended by replacing the
term "drift rate" with "bias" in 7A002.a and 7A002.c.1 in the Items
paragraph of the List of Items Controlled section, as explained below.

***Rationale:** The \"bias\" component of \"drift rate\" is the error
term that is usually listed on the manufacturer\'s specification sheets.
Although \"drift rate\", \"stability\", and \"bias\" \"stability\" are
sometimes used interchangeably, \"bias\" \"stability\" is more often
used on the gyro data sheet.*

ECCN 7A003 (Inertial Systems and specially designed components therefor)
is amended by:

a\. Adding the word "navigation" to the listed purposes: attitude,
guidance or control in 7A003.a and 7A003.b for clarification;

> b\. Adding double quotation marks around "Circular Error Probable" and
> "CEP" in 7A003.a.1 and 7A003.b as part of the TFEI changes to clarify
> the text;

c\. Removing the Technical Note 2 at the end of 7A003, and adding the
definition for "Circular Error Probable ("CEP")" to the definition
section 772.1 of the EAR, because this term is used in both 7A003 and
7A008;

d\. Revising certain terms used in 7A003.c and 7A003.c.1 to more
commonly used terms, because removed terms are not usually specified on
data sheets;

> e\. Changing the \"e\" in \"equipment\" and the \"h\" in heading from
> upper case to lower case and deleting the word \"characteristics\" in
> 7A003.c. as part of the TFEI revisions to clarify the text;

f\. Changing \"RMS\" and "Heading" from upper case to lower case in
7A003.c.1. as part of the TFEI revisions to clarify the text;

g\. Replacing the period with a semi-colon in 7A003.a.2, b., and c.2, as
part of the TFEI revisions to correct the punctuation;

> h\. Deleting the comma after \"msec\" in 7A003.c.2. as part of the
> TFEI changes to clarify the text;

i\. Revising the outline format from numeric to alphabetic and adding
the words "all of" in Note 1.a, as part of the TFEI revisions for
clarity;

> j\. Replacing \"half\", \"one and a half\" and \"three\" with numeric
> notation in Note 1.a. as part of the TFEI revision for clarity;

k\. Capitalizing \"Power Spectral Density\" to signify the acronym
\"PSD\" in Note 1.a.1. as part of the TFEI revision to clarify the text;

l\. Replacing "A roll and yaw rate" with "An angular rate capability
about one or more axes" in Note 1.b in Note 1 to include pitch, as well
as roll and yaw, and to clarify that angular rate capability is the
parameter of concern; and

> m\. Replacing references to \"1\" and \"2\" with \"a\" and \"b\" in
> new sub-entry \"c\" of Note 1 to conform with the changed outline
> format as part of the TFEI revisions.

ECCN 7A008 (Underwater sonar navigation systems) is amended:

a\. Deleting the comma and adding \"and\" after \"source\" in the
heading as part of the TFEI changes to clarify the text;

b\. Adding double quotes around the term "Circular Error Probable
("CEP") in the heading, because this rule adds this term to section
772.1 of the EAR;

c\. Revising "Correlation-velocity sonar log equipment" to read
"Correlation-velocity and Doppler- velocity sonar log equipment" in the
Nota Bene to correspond with the revision in 6A001.b.1.a.

**Category 9 Propulsion Systems, Space Vehicles and Related Equipment**

ECCN 9A012 (Non-military "unmanned aerial vehicles," ("UAVs"),
associated systems, equipment and components) is amended by:

a\. Adding a comma to the Heading as part of the TFEI revisions to
correct the punctuation;

b\. Replacing a period with a semi-colon in 9A012.a.2 and 9A012.b.3, as
part of the TFEI revisions to correct the punctuation;

c\. Adding a comma after \"components\" in 9A012.b. as part of the TFEI
revisions to correct the punctuation; and

d\. Adding a new paragraph 9A012.b.4 for "Air breathing reciprocating or
rotary internal combustion type engines\..." as explained in the
Rationale below.

> ***Rationale:** Paragraph 9A012.b.4 is added because commercial and
> military UAVs are increasingly used in a wider range of application
> types and in steadily increasing numbers. As a result, UAV engine
> designs have also broadened to include reciprocating systems. Modern
> reciprocating engine technology including use of turbochargers can
> enable UAVs to reach altitudes exceeding 60,000 feet.*

ECCN 9E003 (Other "technology") is amended by:

a\. Removing a comma in the Heading, as part of the TFEI revisions to
correct the punctuation;

b\. Adding a comma and an "and" in 9E003.a.1, as part of the TFEI
revisions for clarity;

c\. Replacing a period with a semi-colon in 9E003.a.3.c, as part of the
TFEI revisions to correct the punctuation;

d\. Adding "total (stagnation)" and "at sea-level static take-off (ISA)
in a \'steady state mode\' of engine operation" to 9E003.a.4 and
9E003.a.5 for clarification, as well as adding a Technical Note to
define the term \'steady state mode\' within the ECCN;

e\. Adding a comma in 9E003.b.2 as part of the TFEI revisions to correct
the punctuation;

f\. Adding the term "Electo-Chemical Machining" and parentheticals
around the acronym "ECM", and adding the term "Electrical Discharge
Machines" and parentheticals around the acronym "EDM" in 9E003.c, as
part of the TFEI revisions to clarify the entry and the related term;

g\. Deleting the term \"sets of characteristics\" and adding single
quotes around the term \'Incidence angles\' in 9E003.c.1.c and
9E003.c.2.c, as part of the TFEI revisions, because it is defined within
the entry's Technical Note that follows 9E003.c.2.c;

h\. Removing the article "A" and adding single quotes around the term
\'Box volume\' in 9E003.e.1 and 9E003.e.3, as part of the TFEI revisions
for clarity and to indicate the term is defined within the entry;

i\. Adding single quotes around the term \'Box volume\', and replacing a
colon with the word "is" in the Technical Note that follows 9E003.e.3,
as part of the TFEI revisions for clarity and to indicate that 'Box
volume' is defined within the entry;

j\. Adding the words "any of" to the width and height statements in the
Technical Note that follows 9E003.e.3, as part of the TFEI revisions for
clarity;

k\. Adding a comma and the words "as follows" in 9E003.f, as part of the
TFEI revisions for clarity;

l\. Adding the word "and" in 9E003.f.2, as part of the TFEI revisions
for clarity;

m\. Deleting a comma and removing the article "A" in 9E003.f.2.b, as
part of the TFEI revisions for clarity;

n\. Replacing a comma with an "and" and replacing the word "both" with
"all" in 9E003.f.3, as part of the TFEI revisions for clarity;

o\. Moving the words "Specially designed" from in front of the phrase
"electronic control features" to behind this phrase in 9E003.f.3.b, as
part of the TFEI revisions to clarify the scope of the control;

p\. Adding single quotes around the term \'high output diesel engines\',
replacing a comma with an "and", and replacing a period with a
semi-colon in 9E003.g, as part of the TFEI revisions to indicate the
term is defined in the entry and to correct the punctuation; and

q\. Adding a Technical Note after 9E003.g that defines \'high output
diesel engines' within the entry to conform to the Wassenaar Dual-Use
List.

**Part 740 "License Exceptions"**

Supplement No. 1 to Section 740.11 "License Exception GOV" is amended by
making minor editorial revisions, such as removing text and inserting
"consisting of" and "controlled by" as clarifying text under paragraph
(a)(1)(i), that conform to the Wassenaar Arrangement edits on the Very
Sensitive List.

**Definitions in Part 772**

Section 772.1 is amended by:

a\. Revising the definition of the term "Bias" (accelerometer), as set
forth below;

b\. Adding in alphabetical order the term "Bias" (gyro), as set forth
below;

> ***Rationale:** The \"bias\" component of \"drift rate\" is the error
> term that is usually listed on the manufacturer\'s specification
> sheets. Although \"drift rate\" \"stability\" and \"bias\"
> \"stability\" are sometimes used interchangeably, \"bias\"
> \"stability\" is more often used on the gyro data sheet. \"Bias\"
> \"stability\" is a more appropriate control parameter for gyros.*

c\. Adding in alphabetical order the term *"*Circular Error Probable"
("CEP"\'), because this term is found in both 7A003 and 7A008, as set
forth below;

d\. Adding after "compound rotary table" the new term "III/V
compounds\", as set forth below; and

e\. Removing the term "Drift rate" (gyro), because this term is replaced
by the new "bias" (gyro) definition, see rationale above.

Although the Export Administration Act expired on August 20, 2001, the
President, through Executive Order 13222 of August 17, 2001, 3 CFR, 2001
Comp., p. 783 (2002), as extended by the Notice of July 23, 2008, 73 FR
43603 (July 25, 2008), has continued the Export Administration
Regulations in effect under the International Emergency Economic Powers
Act.

**Saving Clause**

Shipments of items removed from license exception eligibility or
eligibility for export or reexport without a license as a result of this
regulatory action that were on dock for loading, on lighter, laden
aboard an exporting or reexporting carrier, or en route aboard a carrier
to a port of export or reexport, on \[INSERT DATE OF PUBLICATION\],
pursuant to actual orders for export or reexport to a foreign
destination, may proceed to that destination under the previous license
exception eligibility or without a license so long as they have been
exported from the United States or reexported before \[INSERT DATE 60
DAYS AFTER PUBLICATION\]. Any such items not actually exported or
reexported before midnight, on \[INSERT DATE 60 DAYS AFTER
PUBLICATION\], require a license in accordance with this regulation.

**Rulemaking Requirements**

1\. This final rule has been determined to be not significant for
purposes of Executive Order 12866.

2\. Notwithstanding any other provision of law, no person is required to
respond to, nor shall any person 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 rule involves two
collections of information subject to the PRA. One of the collections
has been approved by OMB under control number 0694 0088, "Multi Purpose
Application," and carries a burden hour estimate of 58 minutes for a
manual or electronic submission. The other of the collections has been
approved by OMB under control number 0694 0106, "Reporting and
Recordkeeping Requirements under the Wassenaar Arrangement," and carries
a burden hour estimate of 21 minutes for a manual or electronic
submission. Send comments regarding these burden estimates or any other
aspect of these collections of information, including suggestions for
reducing the burden, to Jasmeet Seehra, OMB Desk Officer, by e-mail at
jseehra@omb.eop.gov or by fax to (202) 395-7285; and to the Office of
Administration, Bureau of Industry and Security, Department of Commerce,
14th and Pennsylvania Avenue, N.W., Room 6622, Washington, D.C. 20230.

3\. This rule does not contain policies with Federalism implications as
that term is defined under Executive Order 13132.

4\. This rule is exempt for the provisions of the Administrative
Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking and
opportunity for public comment pursuant to 5 U.S.C. 553(a)(1) because
this regulation involves a military and foreign affairs function of the
United States. No other law requires that a notice of proposed
rulemaking and an opportunity for public comment be given for this final
rule. Accordingly, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable, so no
regulatory flexibility analysis is required and none has been prepared.
Therefore, this regulation is issued in final form. Although there is no
formal comment period, public comments on this regulation are welcome on
a continuing basis. Comments should be submitted to the Regulatory
Policy Division, Bureau of Industry and Security, Department of
Commerce, 14^th^ & Pennsylvania Ave., N.W., Room 2705, Washington, DC
20230.

**List of Subjects**

15 CFR Part 740

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 740, 772 and 774 of the Export Administration
Regulations (15 CFR Parts 730-774) are amended as follows:

**PART 740 - \[AMENDED\]**

1.  The authority citations for Part 740 continue to read as follows:

**Authority:** 50 U.S.C. app. 2401 [et seq]{.underline}.; 50 U.S.C. 1701
[et seq]{.underline}.; 22 U.S.C. 7201 [et seq.]{.underline}; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783; Notice of July 23, 2008, 73 FR 43603 (July 25,
2008).

2.  Supplement No. 1 to section 740.11 is amended by revising paragraph
    (a)(1)(i) to read as follows:

**SUPPLEMENT NO. 1 TO SECTION 740.11 \--ADDITIONAL RESTRICTIONS ON USE
OF LICENSE EXCEPTION GOV**

\(a\) \* \* \*

\(1\) \* \* \*

**(i)** "Composite" structures or laminates controlled by 1A002.a,
consisting of an organic "matrix" and materials controlled by 1C010.c or
1C010.d; and

**\* \* \* \* \***

**PART 772 \[AMENDED\]**

3.  The authority citations for Part 772 continue to read as follows:

**Authority:** 50 U.S.C. app. 2401 [et seq]{.underline}.; 50 U.S.C. 1701
[et seq]{.underline}.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of July 23, 2008, 73 FR 43603 (July 25, 2008).

4.  Section 772.1 is amended by:

a\. Revising the definition of the term "Bias" (accelerometer), as set
forth below;

b\. Adding in alphabetical order the term "Bias" (gyro), as set forth
below;

c\. Adding in alphabetical order the term *"*Circular Error Probable"
("CEP"\'), as set forth below;

d\. Adding after "compound rotary table" the new term "III/V
compounds\", as set forth below; and

e\. Removing the term "Drift rate" (gyro).

§772.1 Definitions of Terms as Used in the Export Administration
Regulations (EAR).

\* \* \* \* \*

"*Bias*". (accelerometer) (Cat 7)- The average over a specified time of
accelerometer output measured at specified operating conditions that has
no correlation with input acceleration or rotation. \"Bias\" is
expressed in \[m/s^2^, g\]. (IEEE Std 528-2001) (Micro g equals 1x10^-6^
g).

\"Bias\". (gyro)(Cat 7) The average over a specified time of gyro output
measured at specified operating conditions that has no correlation with
input rotation or acceleration. \"Bias\" is typically expressed in
degrees per hour (deg/hr). (IEEE Std 528-2001).

\* \* \* \* \*

*"*Circular Error Probable" ("CEP"). (Cat 7) In a circular normal
distribution, the radius of the circle containing 50 percent of the
individual measurements being made, or the radius of the circle within
which there is a 50 percent probability of being located.

\* \* \* \* \*

"III/V compounds\". (Cat 3 and 6) Polycrystalline or binary or complex
monocrystalline products consisting of elements of groups IIIA and VA of
Mendeleyev\'s periodic classification table (*e.g.*, gallium arsenide,
gallium-aluminum arsenide, indium phosphide).

\* \* \* \* \*

**PART 774 \[AMENDED\]**

5.  The authority citations for Part 774 continue to read as follows:

**Authority:** 50 U.S.C. app. 2401 [et seq]{.underline}.; 50 U.S.C. 1701
[et seq]{.underline}.; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C.
287c, 22 U.S.C. 3201 [et seq]{.underline}., 22 U.S.C. 6004; 30 U.S.C.
185(s), 185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46
U.S.C. app. 466c; 50 U.S.C. app. 5; 22 U.S.C. 7201 [et
seq.]{.underline}; 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;
Notice of July 23, 2008, 73 FR 43603 (July 25, 2008).

**Supplement No. 1 to part 774 - Commerce Control List \[AMENDED\]**

6.  In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 1 Materials, Chemicals, Microorganisms, and Toxins, Export
    Control Classification Number (ECCN) 1A004 is amended by revising
    the related definitions and items paragraphs in the List of Items
    Controlled section, to read as follows:

**1A004 Protective and detection equipment and components not specially
designed for military use as follows (see List of Items Controlled).**

**\* \* \* \* \***

**List of Items Controlled**

> *Unit:* \* \* \*
>
> *Related Controls:* \* \* \*
>
> *Related Definitions*: 1) "adapted for use in war" means: Any
> modification or selection (such as altering purity, shelf life,
> virulence, dissemination characteristics, or resistance to UV
> radiation) designed to increase the effectiveness in producing
> casualties in humans or animals, degrading equipment or damaging crops
> or the environment**.** 2) "Riot control agents" are substances which,
> under the expected conditions of use for riot control purposes,
> produce rapidly in humans sensory irritation or disabling physical
> effects which disappear within a short time following termination of
> exposure. (Tear gases are a subset of "riot control agents".)

*Items:*

a\. Gas masks, filter canisters and decontamination equipment therefor,
designed or modified for defense against any of the following, and
specially designed components therefor:

1\. Biological agents "adapted for use in war";

2\. Radioactive materials "adapted for use in war";

3\. Chemical warfare (CW) agents; *or*

4\. "Riot control agents", as follows:

a\. Bromobenzeneacetonitrile, (Bromobenzyl cyanide) (CA) (CAS
5798-79-8);

b\. \[(2-chlorophenyl) methylene\] propanedinitrile,
(o-Chlorobenzylidenemalononitrile) (CS) (CAS 2698-41-1);

c\. 2-Chloro-1-phenylethanone, Phenylacyl chloride (
-chloroacetophenone) (CN) (CAS 532-27-4);

d\. Dibenz-(b,f)-1,4-oxazephine, (CR) (CAS 257-07-8);

e\. 10-Chloro-5,10-dihydrophenarsazine, (Phenarsazine chloride),
(Adamsite), (DM) (CAS 578-94-9);

f\. N-Nonanoylmorpholine, (MPA) (CAS 5299-64-9);

b\. Protective suits, gloves and shoes, specially designed or modified
for defense against any of the following:

1\. Biological agents "adapted for use in war";

2\. Radioactive materials "adapted for use in war"; *or*

3\. Chemical warfare (CW) agents;

c\. Nuclear, biological and chemical (NBC) detection systems, specially
designed or modified for detection or identification of any of the
following, and specially designed components therefor:

1\. Biological agents "adapted for use in war";

2\. Radioactive materials "adapted for use in war"; *or*

3\. Chemical warfare (CW) agents.

***Note:** 1A004 does not control:*

*a. Personal radiation monitoring dosimeters;*

*b. Equipment limited by design or function to protect against hazards
specific to civil industries, such as mining, quarrying, agriculture,
pharmaceuticals, medical, veterinary, environmental, waste management,
or to the food industry.*

*Technical Notes*

*1. ECCN 1A004 includes equipment and components that have been
identified, successfully tested to national standards or otherwise
proven effective, for the detection of or defense against radioactive
materials "adapted for use in war", biological agents "adapted for use
in war", chemical warfare agents, \'simulants\' or "riot control
agents", even if such equipment or components are used in civil
industries such as mining, quarrying, agriculture, pharmaceuticals,
medical, veterinary, environmental, waste management, or the food
industry.*

*2. \'Simulant\': A substance or material that is used in place of toxic
agent (chemical or biological) in training, research, testing or
evaluation.*

7.  In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 1 Materials, Chemicals, Microorganisms, and Toxins, Export
    Control Classification Number (ECCN) 1A006 is added after 1A005, to
    read as follows:

**1A006 Equipment, specially designed or modified for the disposal of
improvised explosive devices, as follows (see List of Items Controlled),
and specially designed components and accessories therefor.**

**License Requirements**

*Reason for Control*: NS, AT

*Control(s)* *Country Chart*

NS applies to entire entry NS Column 2

AT applies to entire entry AT Column 1

**License Requirement Note:** 1A006 does not apply to equipment when
accompanying its operator.

**License Exceptions**

LVS: N/A

GBS: N/A

CIV: N/A

**List of Items Controlled**

> *Unit:* \$ value
>
> *Related Controls:* Equipment specially designed for military use for
> the disposal of improvised explosive devices is subject to the export
> licensing jurisdiction of the Department of State, Directorate of
> Defense Trade Controls (see 22 CFR part 121, Category IV).
>
> *Related Definitions*: \'Disruptors\' - Devices specially designed for
> the purpose of preventing the operation of an explosive device by
> projecting a liquid, solid or frangible projectile.

*Items:*

a\. Remotely operated vehicles;

b\. \'Disruptors\'.

8.  In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 1 Materials, Chemicals, Microorganisms, and Toxins, Export
    Control Classification Number (ECCN) 1A007 is added after 1A006, to
    read as follows:

**1A007 Equipment and devices, specially designed to initiate charges
and devices containing energetic materials, by electrical means, as
follows (see List of Items Controlled).**

**License Requirements**

*Reason for Control*: NS, NP, AT

*Control(s)* *Country Chart*

NS applies to entire entry NS Column 2

NP applies to 1A007.b, NP Column1

as well as 1A007.a

when the detonator firing

set meets or exceeds

the parameters of

3A229.

AT applies to entire entry AT Column 1

**License Requirement Note:** 1A007 does not apply to equipment when
accompanying its operator.

**License Exceptions**

LVS: N/A

GBS: N/A

CIV: N/A

**List of Items Controlled**

> *Unit:* \$ value
>
> *Related Controls:* High explosives and related equipment specially
> designed for military use is subject to the export licensing
> jurisdiction of the Department of State, Directorate of Defense Trade
> Controls (see 22 CFR part 121). This entry does not control detonators
> using only primary explosives, such as lead azide. See also 3A229. See
> 1E001 for "development" and "production" technology controls, and
> 1E201 for "use" technology controls.
>
> *Related Definitions*: N/A

*Items:*

a\. Explosive detonator firing sets designed to drive explosive
detonators specified by 1A007.b;

b\. Electrically driven explosive detonators as follows:

b.1. Exploding bridge (EB);

b.2. Exploding bridge wire (EBW);

b.3. Slapper;

b.4. Exploding foil initiators (EFI).

***Technical Notes***

*1. The word initiator or igniter is sometimes used in place of the word
detonator.*

*2. For the purpose of 1A007.b the detonators of concern all utilize a
small electrical conductor (bridge, bridge wire, or foil) that
explosively vaporizes when a fast, high-current electrical pulse is
passed through it. In non slapper types, the exploding conductor starts
a chemical detonation in a contacting high explosive material such as
PETN (pentaerythritoltetranitrate). In slapper detonators, the explosive
vaporization of the electrical conductor drives a flyer or slapper
across a gap, and the impact of the slapper on an explosive starts a
chemical detonation. The slapper in some designs is driven by magnetic
force. The term exploding foil detonator may refer to either an EB or a
slapper-type detonator. Also, the word initiator is sometimes used in
place of the word detonator.*

9.  In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 1 Materials, Chemicals, Microorganisms, and Toxins, Export
    Control Classification Number (ECCN) 1E001 is amended by revising
    the Heading and the NS Column 1 and the NP paragraph of the License
    Requirements section, to read as follows:

**1E001 "Technology" according to the General Technology Note for the
"development" or "production" of items controlled by 1A001.b, 1A001.c,
1A002,** **1A003, 1A004, 1A005, 1A006, 1A007, 1A101, 1B (except 1B999),
or 1C (except 1C355, 1C980**

**to** **1C984, 1C988, 1C990, 1C991, 1C992, 1C995 to 1C999).**

**License Requirements**

\* \* \* \* \*

*Control(s)* *Country Chart*

NS applies to "technology" NS Column 1

for items controlled by 1A001.b

and .c, 1A002, 1A003, 1A005,

1A006, 1A007, 1B001 to 1B003,

1B018, 1C001 to 1C011, or 1C018

\* \* \* \* \*

NP applies to "technology" NP Column 1

for items controlled by

1A002, 1A007, 1B001, 1B101,

1B201, 1B225 to 1B233, 1C002,

1C010, 1C116, 1C202, 1C210,

1C216, 1C225 to 1C240

for NP reasons

\* \* \* \* \*

10. In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 1 Materials, Chemicals, Microorganisms, and Toxins, Export
    Control Classification Number (ECCN) 1E201 is amended by revising
    the Heading and the NP paragraph of the License Requirements
    section, to read as follows:

**1E201 "Technology" according to the General Technology Note for the
"use" of items controlled by 1A002, 1A007, 1A202, 1A225 to 1A227, 1B201,
1B225 to 1B232, 1B233.b, 1C002.a.2.c or .d, 1C010.a, 1C010.b, 1C010.e.1,
1C202, 1C210, 1C216, 1C225 to 1C240 or 1D201.**

**License Requirements**

\* \* \* \* \*

Control(s) Country Chart

NP applies to entire entry, NP Column 1

for items controlled for

NP reasons.

\* \* \* \* \*

11. Supplement No. 1 to Part 774 (the Commerce Control List), Category 2
    Materials Processing, Group B Test, Inspection and Production
    Equipment, technical notes for 2B001 to 2B009 are amended by
    removing Notes 5 and 6 and adding a new Notes 5 and 6, to read as
    follows:

**B. TEST, INSPECTION AND PRODUCTION EQUIPMENT**

**Technical Notes for 2B001 to 2B009:**

Number range CHAPTER \* \* \* \* \*

5\. The positioning accuracy of "numerically controlled" machine tools
is to be determined and presented in accordance with ISO 230/2 (1988).

6\. \'Stated positioning accuracy\' levels derived from measurements
made according to ISO 230/2 (1988) may be used for each specific machine
model as an alternative to individual machine tests. \'Stated
positioning accuracy\' means the accuracy value provided to BIS as
representative of the accuracy of a specific machine model.

Determination of \'Stated Positioning Accuracy\'

a\. Select five machines of a model to be evaluated;

b\. Measure the linear axis accuracies according to ISO 230/2 (1988);

c\. Determine the A-values for each axis of each machine. The method of
calculating the A-value is described in the ISO standard;

d\. Determine the mean value of the A-value of each axis. This mean
value A becomes the stated value of each axis for the model (Ax Ay\...);

e\. Since the Category 2 list refers to each linear axis there will be
as many stated values as there are linear axes;

f\. If any axis of a machine model not controlled by 2B001.a. to
2B001.c. has a stated accuracy A of 6 microns for grinding machines and
8 microns for milling and turning machines or better, the builder should
be required to reaffirm the accuracy level once every eighteen months.

\* \* \*\* \*

12. Supplement No. 1 to Part 774 (the Commerce Control List), Category 2
    Materials Processing, Export Control Classification Number (ECCN)
    2B001 is amended by revising the Heading, and the Related Controls
    and Items paragraph in the List of Items Controlled section to read
    as follows:

**2B001 Machine tools and any combination thereof, for removing (or
cutting) metals, ceramics or "composites", which, according to the
manufacturer\'s technical specifications, can be equipped with
electronic devices for "numerical control"; and specially designed
components as follows (see List of Items Controlled).**

**\* \* \* \* \***

**List of Items Controlled**

> *Unit*: \* \* \*
>
> *Related Controls*: (1) See ECCN 2B002 for optical finishing machines.
> (2) See ECCNs 2D001 and 2D002 for software for items controlled under
> this entry. (3) See ECCNs 2E001 ("development"), 2E002 ("production"),
> and 2E201 ("use") for technology for items controlled under this
> entry. (4) Also see ECCNs 2B201, 2B290, and 2B991.
>
> *Related Definitions*: \* \* \*

*Items*:

***Note 1:** 2B001 does not control special purpose machine tools
limited to the manufacture of gears. For such machines, see 2B003.*

***Note 2:** 2B001 does not control special purpose machine tools
limited to the manufacture of any of the following:*

*a. Crank shafts or cam shafts;*

*b. Tools or cutters;*

*c. Extruder worms; or*

*d. Engraved or faceted jewellery parts.*

***Note 3:** A machine tool having at least two of the three turning,
milling or grinding capabilities (e.g., a turning machine with milling
capability), must be evaluated against each applicable entry 2B001.a.,
b. or c.*

a\. Machine tools for turning having all of the following:

a.1. Positioning accuracy with "all compensations available" of less
(better) than 6 m along any linear axis; and

a.2. Two or more axes which can be coordinated simultaneously for
"contouring control";

***Note:** 2B001.a does not control turning machines specially designed
for producing contact lenses*, *having all of the following:*

> *a. Machine controller limited to using ophthalmic based software for
> part programming data input; [and]{.underline}*
>
> *b. No vacuum chucking.*

b\. Machine tools for milling having any of the following:

b.1. Having all of the following:

b.1.a. Positioning accuracy with "all compensations available" of less
(better) than 6 m along any linear axis; and

b.1.b. Three linear axes plus one rotary axis which can be coordinated
simultaneously for "contouring control";

b.2. Five or more axes which can be coordinated simultaneously for
"contouring control";

b.3. A positioning accuracy for jig boring machines, with "all
compensations available", of less (better) than 4 m along any linear
axis; or

b.4. Fly cutting machines having all of the following:

b.4.a. Spindle "run-out" and "camming" less (better) than 0.0004 mm TIR;
and

b.4.b. Angular deviation of slide movement (yaw, pitch and roll) less
(better) than 2 seconds of arc, TIR, over 300 mm of travel.

c\. Machine tools for grinding having any of the following:

c.1. Having all of the following:

c.1.a. Positioning accuracy with "all compensations available" of less
(better) than 4 m along any linear axis; and

c.1.b. Three or more axes which can be coordinated simultaneously for
"contouring control"; or

c.2. Five or more axes which can be coordinated simultaneously for
"contouring control";

***Notes:** 2B001.c does not control grinding machines, as follows:*

*a. Cylindrical external, internal, and external-internal grinding
machines, having all of the following :*

*1. Limited to cylindrical grinding; and*

*2. Limited to a maximum workpiece capacity of 150 mm outside diameter
or length.*

*b. Machines designed specifically as jig grinders that do not have a
z-axis or a w-axis, with a positioning accuracy with "all compensations
available" less (better) than 4 m.*

*c. Surface grinders.*

d\. Electrical discharge machines (EDM) of the non-wire type which have
two or more rotary axes which can be coordinated simultaneously for
"contouring control";

e\. Machine tools for removing metals, ceramics or "composites", having
all of the following:

e.1. Removing material by means of any of the following:

e.1.a. Water or other liquid jets, including those employing abrasive
additives;

e.1.b. Electron beam; or

e.1.c. "Laser" beam; and

e.2. Having two or more rotary axes and all of the following:

e.2.a. Can be coordinated simultaneously for "contouring control"; and

e.2.b. A positioning accuracy of less (better) than 0.003;

f\. Deep-hole-drilling machines and turning machines modified for
deep-hole-drilling, having a maximum depth-of-bore capability exceeding
5 m and specially designed components therefor.

13. Supplement No. 1 to Part 774 (the Commerce Control List), Category 2
    Materials Processing, Export Control Classification Number (ECCN)
    2B002 is amended by revising the Heading, and the Related
    Definitions and Items paragraphs in the List of Items Controlled
    section to read as follows:

**2B002 Numerically controlled optical finishing machine tools equipped
for selective material removal to produce non-spherical optical surfaces
having all of the following characteristics (See List of Items
Controlled).**

\* \* \* \* \*

**List of Items Controlled**

\* \* \* \* \*

> *Related Definitions*: For the purposes of 2B002, 'MRF' is a material
> removal process using an abrasive magnetic fluid whose viscosity is
> controlled by a magnetic field. 'ERF' is a removal process using an
> abrasive fluid whose viscosity is controlled by an electric field.
> 'Energetic particle beam finishing' uses Reactive Atom Plasmas (RAP)
> or ion-beams to selectively remove material. \'Inflatable membrane
> tool finishing\' is a process that uses a pressurized membrane that
> deforms to contact the workpiece over a small area. \'Fluid jet
> finishing\' makes use of a fluid stream for material removal.

*Items*:

a\. Finishing the form to less (better) than 1.0 m;

b\. Finishing to a roughness less (better) than 100 nm rms;

c\. Four or more axes which can be coordinated simultaneously for
"contouring control"; *and*

d\. Using any of the following processes;

d.1. 'Magnetorheological finishing (MRF)';

d.2. 'Electrorheological finishing (ERF)';

d.3 'Energetic particle beam finishing';

> d.4. \'Inflatable membrane tool finishing\'; *or*

d.5. \'Fluid jet finishing\'.

14. Supplement No. 1 to Part 774 (the Commerce Control List), Category 2
    Materials Processing, Export Control Classification Number (ECCN)
    2B006 is amended by revising the NP paragraph in the License
    Requirements section and the Items paragraph of the List of Items
    Controlled section to read as follows:

**2B006 Dimensional inspection or measuring systems, equipment, and
"electronic assemblies", as follows (see List of Items Controlled).**

**License Requirements**

\* \* \* \* \*

*Control(s)* *Country Chart*

\* \* \* \* \*

NP applies to 2B006.a NP Column 1

and .b, except 2B006.b.1.d

**Note:** NP applies to measuring systems in 2B006.b.1.c that maintain,
for at least 12 hours, over a temperature range of  1 K around a
standard temperature and at a standard pressure, all of the following: a
"resolution" over their full scale of 0.1 m or less (better); *and* a
"measurement uncertainty" equal to or less (better) than (0.2 + L/2,000)
m (L is the measured length in mm).

\* \* \* \* \*

**List of Items Controlled**

\* \* \* \* \*

> *Items*:

a\. Computer controlled or "numerically controlled" co-ordinate
measuring machines (CMM), having a three dimensional length (volumetric)
maximum permissible error of indication (MPEE) at any point within the
operating range of the machine (i.e., within the length of axes) equal
to or less (better) than (1.7 + L/1,000) m (L is the measured length in
mm) tested according to ISO 10360-2 (2001);

b\. Linear and angular displacement measuring instruments, as follows:

b.1. 'Linear displacement' measuring instruments having any of the
following:

***Technical Note:** For the purpose of 2B006.b.1 \'linear
displacement\' means the change of distance between the measuring probe
and the measured object.*

b.1.a. Non-contact type measuring systems with a "resolution" equal to
or less (better) than 0.2 m within a measuring range up to 0.2 mm;

b.1.b. Linear voltage differential transformer systems having all of the
following:

b.1.b.1. "Linearity" equal to or less (better) than 0.1% within a
measuring range up to 5 mm; *and*

b.1.b.2. Drift equal to or less (better) than 0.1% per day at a standard
ambient test room temperature  1 K;

b.1.c. Measuring systems having all of the following:

b.1.c.1. Containing a "laser"; *and*

b.1.c.2. Maintaining, for at least 12 hours, at a temperature of 20 
1ºC, all of the following:

b.1.c.2.a. A "resolution" over their full scale of 0.1 m or less
(better); *and*

b.1.c.2.b. Capable of achieving a "measurement uncertainty", when
compensated for the refractive index of air, equal to or less (better)
than (0.2 + L/2,000) m (L is the measured length in mm); or

b.1.d "Electronic assemblies" specially designed to provide feedback
capability in systems controlled by 2B006.b.1.c;

***Note:** 2B006.b.1 does not control measuring interferometer systems,
with an automatic control system that is designed to use no feedback
techniques, containing a "laser" to measure slide movement errors of
machine-tools, dimensional inspection machines or similar equipment.*

b.2. Angular displacement measuring instruments having an "angular
position deviation" equal to or less (better) than 0.00025;

***Note:** 2B006.b.2 does not control optical instruments, such as
autocollimators, using collimated light (e.g., laser light) to detect
angular displacement of a mirror.*

c\. Equipment for measuring surface irregularities, by measuring optical
scatter as a function of angle, with a sensitivity of 0.5 nm or less
(better).

***Note:** Machine tools, which can be used as measuring machines, are
controlled if they meet or exceed the criteria specified for the machine
tool function or the measuring machine function.*

15. Supplement No. 1 to Part 774 (the Commerce Control List), Category 2
    Materials Processing, Export Control Classification Number (ECCN)
    2B007 is amended by revising the NP paragraph in the License
    Requirements section and the Items paragraph of the List of Items
    Controlled section to read as follows:

**2B007 "Robots" having any of the following characteristics described
in the List of Items Controlled and specially designed controllers and
"end-effectors" therefor**.

**License Requirements**

> \* \* \* \* \*

*Control(s)* *Country Chart*

> \* \* \* \* \*

[]{.mark}

NP applies to equipment NP Column 1

that meets or exceeds the

criteria in ECCNs 2B207

**\* \* \* \* \***

**List of Items Controlled**

\* \* \* \* \*

*Items*:

a\. Capable in real time of full three-dimensional image processing or
full three-dimensional 'scene analysis' to generate or modify "programs"
or to generate or modify numerical program data;

***Technical Note:** The 'scene analysis' limitation does not include
approximation of the third dimension by viewing at a given angle, or
limited grey scale interpretation for the perception of depth or texture
for the approved tasks (2 ½ D).*

b\. Specially designed to comply with national safety standards
applicable to potentially explosive munitions environments;

**Note**: 2B007.b does not apply to "robots" specially designed for
paint-spraying booths.

c\. Specially designed or rated as radiation-hardened to withstand a
total radiation dose greater than 5 x 10^3^ Gy (silicon) without
operational degradation; *or*

***Technical Note:** The term Gy (silicon) refers to the energy in
Joules per kilogram absorbed by an unshielded silicon sample when
exposed to ionizing radiation.*

d\. Specially designed to operate at altitudes exceeding 30,000m.

16. Supplement No. 1 to Part 774 (the Commerce Control List), Category 2
    Materials Processing, Export Control Classification Number (ECCN)
    2B008 is amended by revising the Items paragraph in the List of
    Items Controlled section to read as follows:

**2B008 Assemblies or units, specially designed for machine tools, or
dimensional inspection or measuring systems and equipment, as follows
(see List of Items Controlled).**

\* \* \* \* \*

**List of Items Controlled**

\* \* \* \* \*

*Items*:

a\. Linear position feedback units (e.g., inductive type devices,
graduated scales, infrared systems or "laser" systems) having an overall
"accuracy" less (better) than (800 + (600 x L x 10^-3^)) nm (L equals
the effective length in mm);

***N.B.:** For "laser" systems see also 2B006.b.1.*c and d.

b\. Rotary position feedback units (e.g., inductive type devices,
graduated scales, infrared systems or "laser" systems) having an
"accuracy" less (better) than 0.00025^o^;

***N.B.:** For "laser" systems see also 2B006.b.2.*

c\. "Compound rotary tables" and "tilting spindles", capable of
upgrading, according to the manufacturer\'s specifications, machine
tools to or above the levels controlled by 2B001 to 2B009.

17. In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 3 Electronics, Export Control Classification Number (ECCN)
    3A001 is amended by:

a\. Revising the Heading;

b\. Revising the GBS paragraph of the License Exceptions section;

c\. Revising the Note 2 in the Related Controls paragraph of the List of
Items Controlled section;

d\. Removing the second sentence of the "Related Definitions" paragraph
of the List of Items Controlled section; and

e\. Revising the Items paragraph in the List of Items Controlled
section, to read as follows:

**3A001 Electronic components and specially designed components
therefor, as follows (see List of Items Controlled).**

\* \* \* \* \*

**License Exceptions**

LVS: \* \* \*

> GBS: Yes for 3A001.a.1.b, a.2 to a.12 (except .a.5.a when controlled
> for MT), b.2, b.8 (except for TWTAs exceeding 18 GHz), b.9., and .g.

. CIV: \* \* \*

**List of Items Controlled**

\* \* \* \* \*

*Unit:* Number.\* \* \*

> *Related Controls:* 1.) The following commodities are under the export
> licensing authority of the Department of State, Directorate of Defense
> Trade Controls (22 CFR part 121) when "space qualified" and operating
> at frequencies higher than 31.8 GHz: helix tubes (traveling wave tubes
> (TWT)) defined in 3A001.b.1.a.4.c; microwave solid state amplifiers
> defined in 3A001.b.4.b traveling wave tube amplifiers (TWTA) defined
> in 3A001.b.8; and derivatives thereof; 2.) The following commodities
> are also under the export licensing authority of the Department of
> State, Directorate of Defense Trade Controls (22 CFR part 121): (a)
> "Space qualified" solar cells, coverglass-interconnect-cells or
> covered-interconnect-cells (CIC) assemblies, solar arrays and/or solar
> panels, with a minimum average efficiency of 31% or greater measured
> at an operating temperature of 301 K (28ºC) under simulated \'AM0\'
> illumination with an irradiance of 1,367 Watts per square meter
> (W/m^2^), and associated solar concentrators, power conditioners
> and/or controllers, bearing and power transfer assemblies, and
> deployment hardware/systems; (b) Radiation-hardened microelectronic
> circuits controlled by Category XV (d) of the United States Munitions
> List (USML); and (c) All specifically designed or modified systems or
> subsystems, components, parts, accessories, attachments, and
> associated equipment controlled by Category XV (e) of the USML. See
> also 3A101, 3A201, and 3A991.
>
> *Related Definitions*: For the purposes of integrated circuits in
> 3A001.a.1, 5 x 103 Gy(Si) = 5 x 105 Rads (Si); 5 x 106 Gy (Si)/s = 5 x
> 108 Rads (Si)/s.
>
> *Items*:

a\. General purpose integrated circuits, as follows:

***Note 1*:** *The control status of wafers (finished or unfinished), in
which the function has been determined, is to be evaluated against the
parameters of 3A001.a.*

***Note 2*:** *Integrated circuits include the following types:*

*"Monolithic integrated circuits";*

*"Hybrid integrated circuits";*

*"Multichip integrated circuits";*

> *"Film type integrated circuits", including silicon-on-sapphire
> integrated circuits;*

*"Optical integrated circuits".*

a.1. Integrated circuits designed or rated as radiation hardened to
withstand any of the following:

a.1.a. A total dose of 5 x 10^3^ Gy (Si), or higher;

a.1.b. A dose rate upset of 5 x 10^6^ Gy (Si)/s, or higher; *or*

a.1.c. A fluence (integrated flux) of neutrons (1 MeV equivalent) of 5 x
10^13^ n/cm² or higher on silicon, or its equivalent for other
materials;

***Note*:** *3A001.a.1.c does not apply to Metal Insulator
Semiconductors (MIS).*

a.2. "Microprocessor microcircuits", "microcomputer microcircuits",
microcontroller microcircuits, storage integrated circuits manufactured
from a compound semiconductor, analog-to-digital converters,
digital-to-analog converters, electro-optical or "optical integrated
circuits" designed for "signal processing", field programmable logic
devices, custom integrated circuits for which either the function is
unknown or the control status of the equipment in which the integrated
circuit will be used in unknown, Fast Fourier Transform (FFT)
processors, electrical erasable programmable read-only memories
(EEPROMs), flash memories or static random-access memories (SRAMs),
having any of the following:

a.2.a. Rated for operation at an ambient temperature above 398 K
(125C);

a.2.b. Rated for operation at an ambient temperature below 218 K
(-55C); *or*

a.2.c. Rated for operation over the entire ambient temperature range
from 218 K (-55C) to 398 K (125C);

***Note*:** *3A001.a.2 does not apply to integrated circuits for civil
automobile or railway train applications.*

a.3. "Microprocessor microcircuits", "microcomputer microcircuits" and
microcontroller microcircuits, manufactured from a compound
semiconductor and operating at a clock frequency exceeding 40 MHz;

***Note*:** *3A001.a.3 includes digital signal processors, digital array
processors and digital coprocessors.*

a.4. Storage integrated circuits manufactured from a compound
semiconductor;

a.5. Analog-to-digital and digital-to-analog converter integrated
circuits, as follows:

a.5.a. Analog-to-digital converters having any of the following:

a.5.a.1. A resolution of 8 bit or more, but less than 10 bit, with an
output rate greater than 500 million words per second;

a.5.a..2 A resolution of 10 bit or more, but less than 12 bit, with an
output rate greater than 200 million words per second;

a.5.a.3. A resolution of 12 bit with an output rate greater than 105
million words per second;

a.5.a.4. A resolution of more than 12 bit but equal to or less than 14
bit with an output rate greater than 10 million words per second; *or*

a.5.a.5. A resolution of more than 14 bit with an output rate greater
than 2.5 million words per second;

a.5.b. Digital-to-analog converters with a resolution of 12 bit or more
and a "settling time" of less than 10 ns;

***Technical Notes*:**

*1. A resolution of n bit corresponds to a quantization of 2^n^ levels.*

*2. The number of bits in the output word is equal to the resolution of
the analogue-to-digital converter.*

*3. The output rate is the maximum output rate of the converter,
regardless of architecture or oversampling. Vendors may also refer to
the output rate as sampling rate, conversion rate or throughput rate. It
is often specified in megahertz (MHz) or mega samples per second
(MSPS).*

*4. For the purpose of measuring output rate, one output word per second
is equivalent to one Hertz or one sample per second.*

a.6. Electro-optical and "optical integrated circuits", designed for
"signal processing" and having all of the following:

a.6.a. One or more than one internal "laser" diode;

a.6.b. One or more than one internal light detecting element; *and*

a.6.c. Optical waveguides;

a.7. 'Field programmable logic devices' having any of the following:

a.7.a. An equivalent usable gate count of more than 30,000 (2 input
gates);

a.7.b. A typical "basic gate propagation delay time" of less than 0.1
ns; *or*

a.7.c. A toggle frequency exceeding 133 MHz;

***Note*:** *3A001.a.7 includes:*

> *-Simple Programmable Logic Devices (SPLDs),*
>
> *-Complex Programmable Logic Devices (CPLDs),*
>
> *-Field Programmable Gate Arrays (FPGAs),*
>
> *-Field Programmable Logic Arrays (FPLAs), and*
>
> *-Field Programmable Interconnects (FPICs).*

**Technical Note:** *'Field programmable logic devices' are also known
as field programmable gate or field programmable logic arrays.*

a.8. \[RESERVED\]

a.9. Neural network integrated circuits;

a.10. Custom integrated circuits for which the function is unknown, or
the control status of the equipment in which the integrated circuits
will be used is unknown to the manufacturer, having any of the
following:

a.10.a. More than 1,000 terminals;

a.10.b. A typical "basic gate propagation delay time" of less than 0.1
ns; *or*

a.10.c. An operating frequency exceeding 3 GHz;

a.11. Digital integrated circuits, other than those described in
3A001.a.3 to 3A001.a.10 and 3A001.a.12, based upon any compound
semiconductor and having any of the following:

a.11.a. An equivalent gate count of more than 3,000 (2 input gates);
*or*

a.11.b. A toggle frequency exceeding 1.2 GHz;

a.12. Fast Fourier Transform (FFT) processors having a rated execution
time for an N-point complex FFT of less than (N log~2~ N)/20,480 ms,
where N is the number of points;

***Technical Note*:** When N is equal to 1,024 points, the formula in
3A001.a.12 gives an execution time of 500 s.

b\. Microwave or millimeter wave components, as follows:

b.1. Electronic vacuum tubes and cathodes, as follows:

***Note 1*:** *3A001.b.1 does not control tubes designed or rated for
operation in any frequency band and having all of the following:*

*a. Does not exceed 31.8 GHz; and*

*b. Is "allocated by the ITU" for radio-communications services, but not
for radio-determination.*

***Note 2*:** *3A001.b.1 does not control non-"space-qualified" tubes
having all the following:*

*a) An average output power equal to or less than 50 W; and*

*b) Designed or rated for operation in any frequency band and having all
of the following:*

*1) Exceeds 31.8 GHz but does not exceed 43.5 GHz; [and]{.underline}*

*2) Is "allocated by the ITU" for radio-communications services, but not
for radio-determination.*

b.1.a. Traveling wave tubes, pulsed or continuous wave, as follows:

b.1.a.1. Tubes operating at frequencies exceeding 31.8 GHz;

b.1.a.2. Tubes having a cathode heater element with a turn on time to
rated RF power of less than 3 seconds;

b.1.a.3. Coupled cavity tubes, or derivatives thereof, with a
"fractional bandwidth" of more than 7% or a peak power exceeding 2.5 kW;

b.1.a.4. Helix tubes, or derivatives thereof, having any of the
following:

b.1.a.4.a. An "instantaneous bandwidth" of more than one octave, and
average power (expressed in kW) times frequency (expressed in GHz) of
more than 0.5;

b.1.a.4.b. An "instantaneous bandwidth" of one octave or less, and
average power (expressed in kW) times frequency (expressed in GHz) of
more than 1; *or*

b.1.a.4.c. Being "space qualified";

b.1.b. Crossed-field amplifier tubes with a gain of more than 17 dB;

b.1.c. Impregnated cathodes designed for electronic tubes producing a
continuous emission current density at rated operating conditions
exceeding 5 A/cm^2^;

b.2. Microwave "Monolithic Integrated Circuits" (MMIC) power amplifiers
having any of the following:

b.2.a. Rated for operation at frequencies exceeding 3.2 GHz up to and
including 6 GHz and with an average output power greater than 4W (36
dBm) with a "fractional bandwidth" greater than 15%;

b.2.b. Rated for operation at frequencies exceeding 6 GHz up to and
including 16 GHz and with an average output power greater than 1W (30
dBm) with a "fractional bandwidth" greater than 10%;

b.2.c. Rated for operation at frequencies exceeding 16 GHz up to and
including 31.8 GHz and with an average output power greater than 0.8W
(29 dBm) with a "fractional bandwidth" greater than 10%;

b.2.d. Rated for operation at frequencies exceeding 31.8 GHz up to and
including 37.5 GHz;

b.2.e. Rated for operation at frequencies exceeding 37.5 GHz up to and
including 43.5 GHz and with an average output power greater than 0.25W
(24 dBm) with a "fractional bandwidth" greater than 10%; *or*

b.2.f. Rated for operation at frequencies exceeding 43.5 GHz.

***Note 1*:** *3A001.b.2 does not control broadcast satellite equipment
designed or rated to operate in the frequency range of 40.5 to 42.5
GHz.*

***Note 2*:** *The control status of the MMIC whose rated operating
frequency includes frequencies listed in more than one frequency range,
as defined by 3A001.b.2.a through 3A001.b.2.f, is determined by the
lowest average output power control threshold.*

***Note 3*:** *Notes 1 and 2 following the Category 3 heading for A.
Systems, Equipment, and Components mean that 3A001.b.2. does not control
MMICs if they are specially designed for other applications, e.g.,
telecommunications, radar, automobiles.*

b.3. Discrete microwave transistors having any of the following:

b.3.a. Rated for operation at frequencies exceeding 3.2 GHz up to and
including 6 GHz and having an average output power greater than 60W
(47.8 dBm);

b.3.b. Rated for operation at frequencies exceeding 6 GHz up to and
including 31.8 GHz and having an average output power greater than 20W
(43 dBm);

b.3.c. Rated for operation at frequencies exceeding 31.8 GHz up to and
including 37.5 GHz and having an average output power greater than 0.5W
(27 dBm);

b.3.d. Rated for operation at frequencies exceeding 37.5 GHz up to and
including 43.5 GHz and having an average output power greater than 1W
(30 dBm); *or*

b.3.e. Rated for operation at frequencies exceeding 43.5 GHz;

***Note*:** *The control status of a transistor whose rated operating
frequency includes frequencies listed in more than one frequency range,
as defined by 3A001.b.3.a through 3A001.b.3.e, is determined by the
lowest average output power control threshold.*

b.4. Microwave solid state amplifiers and microwave assemblies/modules
containing microwave solid state amplifiers, having any of the
following:

b.4.a. Rated for operation at frequencies exceeding 3.2 GHz up to and
including 6 GHz and with an average output power greater than 60W (47.8
dBm) with a "fractional bandwidth" greater than 15%;

b.4.b. Rated for operation at frequencies exceeding 6 GHz up to and
including 31.8 GHz and with an average output power greater than 15W (42
dBm) with a "fractional bandwidth" greater than 10%;

b.4.c. Rated for operation at frequencies exceeding 31.8 GHz up to and
including 37.5 GHz;

b.4.d. Rated for operation at frequencies exceeding 37.5 GHz up to and
including 43.5 GHz and with an average output power greater than 1W (30
dBm) with a "fractional bandwidth" greater than 10%;

b.4.e. Rated for operation at frequencies exceeding 43.5 GHz; *or*

b.4.f. Rated for operation at frequencies above 3.2 GHz and all of the
following:

b.4.f.1. An average output power (in watts), P, greater than 150 divided
by the maximum operating frequency (in GHz) squared \[P \> 150
W\*GHz^2^/f~GHz~^2^\];

b.4.f.2. A "fractional bandwidth" of 5% or greater; *and*

b.4.f.3. Any two sides perpendicular to one another with length d (in
cm) equal to or less than 15 divided by the lowest operating frequency
in GHz \[d  15 cm\*GHz/ f~GHz~\];

***Technical Note:** 3.2 GHz should be used as the lowest operating
frequency (f~GHz~) in the formula in 3A001.b.4.f.3., for amplifiers that
have a rated operation range extending downward to 3.2 GHz and below
\[d15cm\*GHz/3.2 f~GHz~\].*

***N.B.*:** *MMIC power amplifiers should be evaluated against the
criteria in 3A001.b.2.*

***Note 1*:** *3A001.b.4. does not control broadcast satellite equipment
designed or rated to operate in the frequency range of 40.5 to 42.5
GHz.*

***Note 2*:** *The control status of an item whose rated operating
frequency includes frequencies listed in more than one frequency range,
as defined by 3A001.b.4.a through 3A001.b.4.e, is determined by the
lowest average output power control threshold.*

b.5. Electronically or magnetically tunable band-pass or band-stop
filters, having more than 5 tunable resonators capable of tuning across
a 1.5:1 frequency band (f~max~/f~min~) in less than 10 s and having any
of the following:

b.5.a. A band-pass bandwidth of more than 0.5% of center frequency; *or*

b.5.b. A band-stop bandwidth of less than 0.5% of center frequency;

b.6. \[RESERVED\]

b.7. Converters and harmonic mixers, designed to extend the frequency
range of equipment described in 3A002.c, 3A002.d, 3A002.e or 3A002.f
beyond the limits stated therein;

b.8. Microwave power amplifiers containing tubes controlled by 3A001.b.1
and having all of the following:

b.8.a. Operating frequencies above 3 GHz;

b.8.b. An average output power density exceeding 80 W/kg; *and*

b.8.c. A volume of less than 400 cm^3^;

***Note*:** *3A001.b.8 does not control equipment designed or rated for
operation in any frequency band which is "allocated by the ITU" for
radio-communications services, but not for radio-determination.*

b.9. Microwave power modules (MPM), consisting of, at least, a traveling
wave tube, a microwave "monolithic integrated circuit" and an integrated
electronic power conditioner and having all of the following:

b.9.a. A 'turn-on time' from off to fully operational in less than 10
seconds;

b.9.b. A volume less than the maximum rated power in Watts multiplied by
10 cm^3^/W; *and*

b.9.c. An "instantaneous bandwidth" greater than 1 octave (f~max~. \>
2f~min~,) and having any of the following:

b.9.c.1. For frequencies equal to or less than 18 GHz, an RF output
power greater than 100 W; *or*

b.9.c.2. A frequency greater than 18 GHz;

***Technical Notes**:*

*1. To calculate the volume in 3A001.b.9.b., the following example is
provided: for a maximum rated power of 20 W, the volume would be: 20 W X
10 cm^3^/W = 200 cm^3^.*

*2. The 'turn-on time' in 3A001.b.9.a. refers to the time from fully-off
to fully operational, i.e., it includes the warm-up time of the MPM.*

c\. Acoustic wave devices as follows and specially designed components
therefor:

c.1. Surface acoustic wave and surface skimming (shallow bulk) acoustic
wave devices (i.e., "signal processing" devices employing elastic waves
in materials), having any of the following:

c.1.a. A carrier frequency exceeding 6 GHz;

c.1.b. A carrier frequency exceeding 1 GHz, but not exceeding 6 GHz and
having any of the following:

c.1.b.1. A frequency side-lobe rejection exceeding 55 dB;

c.1.b.2. A product of the maximum delay time and the bandwidth (time in
s and bandwidth in MHz) of more than 100;

c.1.b.3. A bandwidth greater than 250 MHz; *or*

c.1.b.4. A dispersive delay of more than 10 s; *or*

c.1.c. A carrier frequency of 1 GHz or less and having any of the
following:

c.1.c.1. A product of the maximum delay time and the bandwidth (time in
s and bandwidth in MHz) of more than 100;

c.1.c.2. A dispersive delay of more than 10 s; *or*

c.1.c.3. A frequency side-lobe rejection exceeding 55 dB and a bandwidth
greater than 100 MHz;

c.2. Bulk (volume) acoustic wave devices (i.e., "signal processing"
devices employing elastic waves) that permit the direct processing of
signals at frequencies exceeding 2.5 GHz;

c.3. Acoustic-optic "signal processing" devices employing interaction
between acoustic waves (bulk wave or surface wave) and light waves that
permit the direct processing of signals or images, including spectral
analysis, correlation or convolution;

d\. Electronic devices and circuits containing components, manufactured
from "superconductive" materials, specially designed for operation at
temperatures below the "critical temperature" of at least one of the
"superconductive" constituents and having any of the following:

d.1. Current switching for digital circuits using "superconductive"
gates with a product of delay time per gate (in seconds) and power
dissipation per gate (in watts) of less than 10^-14^ J; *or*

d.2. Frequency selection at all frequencies using resonant circuits with
Q-values exceeding 10,000;

e\. High energy devices as follows:

e.1. 'Cells' and photovoltaic arrays as follows:

e.1.a. 'Primary cells' having an 'energy density' exceeding 550 Wh/kg at
293 K (20 ºC);

e.1.b. Secondary cells having an 'energy density' exceeding 250 Wh/kg at
293 K (20 ºC);

***Technical Note*s:**

***1.** For the purpose of 3A001.e.1., 'energy density' (Wh/kg) is
calculated from the nominal voltage multiplied by the nominal capacity
in ampere-hours (Ah) divided by the mass in kilograms. If the nominal
capacity is not stated, energy density is calculated from the nominal
voltage squared then multiplied by the discharge duration in hours
divided by the discharge load in Ohms and the mass in kilograms.*

***2.** For the purpose of 3A001.e.1., a \'cell\' is defined as an
electrochemical device, which has positive and negative electrodes, an
electrolyte, and is a source of electrical energy. It is the basic
building block of a battery.*

***3.** For the purpose of 3A001.e.1.a., a \'primary cell\' is a
\'cell\' that is not designed to be charged by any other source.*

***4.** For the purpose of 3A001.e.1.b., a 'secondary cell' is a
\'cell\' that is designed to be charged by an external electrical
source.*

***Note:** 3A001.e. does not control batteries, including single-cell
batteries.*

e.2. High energy storage capacitors as follows:

e.2.a. Capacitors with a repetition rate of less than 10 Hz (single shot
capacitors) and having all of the following:

e.2.a.1. A voltage rating equal to or more than 5 kV;

e.2.a.2. An energy density equal to or more than 250 J/kg; *and*

e.2.a.3. A total energy equal to or more than 25 kJ;

e.2.b. Capacitors with a repetition rate of 10 Hz or more (repetition
rated capacitors) and having all of the following:

e.2.b.1. A voltage rating equal to or more than 5 kV;

e.2.b.2. An energy density equal to or more than 50 J/kg;

e.2.b.3. A total energy equal to or more than 100 J; *and*

e.2.b.4. A charge/discharge cycle life equal to or more than 10,000;

e.3. "Superconductive" electromagnets and solenoids, specially designed
to be fully charged or discharged in less than one second and having all
of the following:

***Note*:** *3A001.e.3 does not control "superconductive" electromagnets
or solenoids specially designed for Magnetic Resonance Imaging (MRI)
medical equipment.*

e.3.a. Energy delivered during the discharge exceeding 10 kJ in the
first second;

e.3.b. Inner diameter of the current carrying windings of more than 250
mm; *and*

e.3.c. Rated for a magnetic induction of more than 8 T or "overall
current density" in the winding of more than 300 A/mm^2^;

e.4. Solar cells, cell-interconnect-coverglass (CIC) assemblies, solar
panels, and solar arrays, which are "space qualified," having a minimum
average efficiency exceeding 20% at an operating temperature of 301 K
(28ºC) under simulated \'AM0\' illumination with an irradiance of 1,367
Watts per square meter (W/m^2^).

***Technical Note:** \'AM0\', or \'Air Mass Zero\', refers to the
spectral irradiance of sun light in the earth\'s outer atmosphere when
the distance between the earth and sun is one astronomical unit (AU).*

f\. Rotary input type shaft absolute position encoders having any of the
following:

f.1. A resolution of better than 1 part in 265,000 (18 bit resolution)
of full scale; *or*

f.2. An accuracy better than  2.5 seconds of arc;

g\. Solid-state pulsed power switching thyristor devices and 'thyristor
modules', using either electrically, optically, or electron radiation
controlled switch methods and having any of the following:

g.1. A maximum turn-on current rate of rise (di/dt) greater than 30,000
A/s and off-state voltage greater than 1,100 V; *or*

g.2. A maximum turn-on current rate of rise (di/dt) greater than 2,000
A/s and having all of the following:

g.2.a. An off-state peak voltage equal to or greater than 3,000 V; *and*

g.2.b. A peak (surge) current equal to or greater than 3,000 A.

***Note 1:** 3A001.g. includes:*

*- Silicon Controlled Rectifiers (SCRs)*

*- Electrical Triggering Thyristors (ETTs)*

*- Light Triggering Thyristors (LTTs)*

*- Integrated Gate Commutated Thyristors (IGCTs)*

*- Gate Turn-off Thyristors (GTOs)*

*- MOS Controlled Thyristors (MCTs)*

*- Solidtrons*

***Note 2:** 3A001.g. does not control thyristor devices and 'thyristor
modules' incorporated into equipment designed for civil railway or
"civil aircraft" applications.*

18. In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 3 Electronics, Export Control Classification Number (ECCN)
    3A002 is amended by revising the Heading, and the Related Controls
    and Items paragraphs in the List of Items Controlled section, to
    read as follows:

**3A002 General purpose electronic equipment and accessories therefor,
as follows (see List of Items Controlled).**

\* \* \* \* \*

**List of Items Controlled**

*Unit*: \* \* \*

> *Related Controls*: "Space qualified" atomic frequency standards
> defined in 3A002.g.1 are subject to the export licensing authority of
> the Department of State, Directorate of Defense Trade Controls (22 CFR
> part 121.1, Category XV). See also 3A292 and 3A992.
>
> *Related Definitions*: \* \* \*

*Items*:

a\. Recording equipment as follows and specially designed test tape
therefor:

a.1. Analog instrumentation magnetic tape recorders, including those
permitting the recording of digital signals (e.g., using a high density
digital recording (HDDR) module), having any of the following:

a.1.a. A bandwidth exceeding 4 MHz per electronic channel or track;

a.1.b. A bandwidth exceeding 2 MHz per electronic channel or track and
having more than 42 tracks; *or*

a.1.c. A time displacement (base) error, measured in accordance with
applicable IRIG or EIA documents, of less than  0.1 s;

***Note*:** *Analog magnetic tape recorders specially designed for
civilian video purposes are not considered to be instrumentation tape
recorders.*

a.2. Digital video magnetic tape recorders having a maximum digital
interface transfer rate exceeding 360 Mbit/s;

***Note*:** *3A002.a.2 does not control digital video magnetic tape
recorders specially designed for television recording using a signal
format, which may include a compressed signal format, standardized or
recommended by the ITU, the IEC, the SMPTE, the EBU , the ETSI, or the
IEEE for civil television applications.*

a.3. Digital instrumentation magnetic tape data recorders employing
helical scan techniques or fixed head techniques and having any of the
following:

a.3.a. A maximum digital interface transfer rate exceeding 175 Mbit/s;
*or*

a.3.b. Being "space qualified";

***Note*:** *3A002.a.3 does not control analog magnetic tape recorders
equipped with HDDR conversion electronics and configured to record only
digital data.*

a.4. Equipment having a maximum digital interface transfer rate
exceeding 175 Mbit/s and designed to convert digital video magnetic tape
recorders for use as digital instrumentation data recorders;

a.5. Waveform digitizers and transient recorders, having all of the
following:

***N.B.*:** *See also 3A292.*

a.5.a. Digitizing rates equal to or more than 200 million samples per
second and a resolution of 10 bits or more; *and*

a.5.b. A \'continuous throughput\' of 2 Gbit/s or more;

***Technical Note*s:**

*1. For those instruments with a parallel bus architecture, the
\'continuous throughput\' rate is the highest word rate multiplied by
the number of bits in a word.*

*2. \'Continuous throughput\' is the fastest data rate the instrument
can output to mass storage without the loss of any information while
sustaining the sampling rate and analog-to-digital conversion.*

a.6. Digital instrumentation data recorders, using magnetic disk storage
technique and having all of the following:

a.6.a. Digitizing rate equal to or more than 100 million samples per
second and a resolution of 8 bits or more; *and*

a.6.b. A \'continuous throughput\' of 1 Gbit/s or more;

b\. "Frequency synthesizer" "electronic assemblies" having a "frequency
switching time" from one selected frequency to another of less than 1
ms;

***Note**: The control status of "signal analyzers", signal generators,
network analyzers, and microwave test receivers as stand-alone
instruments is determined by 3A002.c., 3A002.d., 3A002.e., and 3A002.f.,
respectively.*

c\. Radio-frequency "signal analyzers" as follows:

c.1. "Signal analyzers" capable of analyzing any frequencies exceeding
31.8 GHz but not exceeding 37.5 GHz and having a 3 dB resolution
bandwidth (RBW) exceeding 10 MHz;

c.2. "Signal analyzers" capable of analyzing frequencies exceeding 43.5
GHz;

c.3. "Dynamic signal analyzers" having a "real-time bandwidth" exceeding
500 kHz;

***Note*:** *3A002.c.3 does not control those "dynamic signal analyzers"
using only constant percentage bandwidth filters (also known as octave
or fractional octave filters).*

d\. Frequency synthesized signal generators producing output
frequencies, the accuracy and short term and long term stability of
which are controlled, derived from or disciplined by the internal master
reference oscillator, and having any of the following:

d.1. A maximum synthesized frequency exceeding 31.8 GHz, but not
exceeding 43.5 GHz and rated to generate a \'pulse duration\' of less
than 100 ns;

d.2. A maximum synthesized frequency exceeding 43.5 GHz;

d.3. A "frequency switching time" from one selected frequency to another
as specified by any of the following:

d.3.a. Less than 10 ns;

d.3.b. Less than 100 s for any frequency change exceeding 1.6 GHz
within the synthesized frequency range exceeding 3.2 GHz but not
exceeding 10.6 GHz;

d.3.c. Less than 250 s for any frequency change exceeding 550 MHz
within the synthesized frequency range exceeding 10.6 GHz but not
exceeding 31.8 GHz;

d.3.d. Less than 500 s for any frequency change exceeding 550 MHz
within the synthesized frequency range exceeding 31.8 GHz but not
exceeding 43.5 GHz; *or*

d.3.e. Less than 1 ms within the synthesized frequency range exceeding
43.5 GHz; *or*

d.4. A single sideband (SSB) phase noise better than (126 + 20 log~10~F
 20 log~10~f) in dBc/Hz, where F is the off-set from the operating
frequency in Hz and f is the operating frequency in MHz;

***Note 1**: For the purpose of 3A002.d., frequency synthesized signal
generators includes arbitrary waveform and function generators.*

***Note 2**: 3A002.d. does not control equipment in which the output
frequency is either produced by the addition or subtraction of two or
more crystal oscillator frequencies, or by an addition or subtraction
followed by a multiplication of the result.*

***Technical Note*s:**

***1.** Arbitrary waveform and function generators are normally
specified by sample rate (e.g., GSample/s), which is converted to the RF
domain by the Nyquist factor of two. Thus, a 1 GSample/s arbitrary
waveform has a direct output capability of 500 MHz. Or, when
oversampling is used, the maximum direct output capability is
proportionately lower.*

***2.** For the purposes of 3A002.d.1., \'pulse duration\' is defined as
the time interval between the leading edge of the pulse achieving 90% of
the peak and the trailing edge of the pulse achieving 10% of the peak.*

***Note*:** *3A002.d does not control equipment in which the output
frequency is either produced by the addition or subtraction of two or
more crystal oscillator frequencies, or by an addition or subtraction
followed by a multiplication of the result.*

e\. Network analyzers with a maximum operating frequency exceeding 43.5
GHz;

f\. Microwave test receivers having all of the following:

f.1. A maximum operating frequency exceeding 43.5 GHz; *and*

f.2. Being capable of measuring amplitude and phase simultaneously;

g\. Atomic frequency standards being any of the following:

g.1. "Space qualified";

g.2. Non-rubidium and having a long-term stability less (better) than 1
x 10^-11^/month; *or*

g.3. Non-"space qualified" and having all of the following:

g.3.a. Being a rubidium standard;

g.3.b. Long-term stability less (better) than 1 x 10^-11^/month; *and*

g.3.c. Total power consumption of less than 1 Watt.

19. In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 3 Electronics, Export Control Classification Number (ECCN)
    3A229 is amended by revising the Related Controls paragraph, to read
    as follows:

**3A229 Firing sets and equivalent high-current pulse generators (for
detonators controlled by 3A232), as follows (see List of Items
Controlled).**

\* \* \* \* \*

**List of Items Controlled**

\* \* \* \* \*

> **Related Controls:** (1) See ECCNs [[3E001]{.underline}](#3E001) and
> 1E001("development" and "production") and
> [[3E201]{.underline}](#3E201) and 1E201 ("use") for technology for
> items controlled under this entry. (2) High explosives and related
> equipment for military use are subject to the export licensing
> authority of the U.S. Department of State, Directorate of Defense
> Trade Controls (see 22 CFR part 121).

\* \* \* \* \*

20. In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 3 Electronics, Export Control Classification Number (ECCN)
    3A232 is amended by revising the Related Controls and Items
    paragraphs in the List of Items Controlled section, to read as
    follows:

**3A232 Detonators and multipoint initiation systems, as follows (see
List of Items Controlled).**

\* \* \* \* \*

**List of Items Controlled**

\* \* \* \* \*

> *Related Controls*: (1) See 1A007 for electrically driven explosive
> detonators. (2) See ECCNs 3E001 ("development" and "production") and
> 3E201 ("use") for technology for items controlled under this entry.
> (3) High explosives and related equipment for military use are subject
> to the export licensing authority of the U.S. Department of State,
> Directorate of Defense Trade Controls (see 22 CFR part 121).

\* \* \* \* \*

*Items*:

a\. \[RESERVED\]

b\. Arrangements using single or multiple detonators designed to nearly
simultaneously initiate an explosive surface over an area greater than
5,000 mm^2^ from a single firing signal with an initiation timing spread
over the surface of less than 2.5 s.

***Technical Note:** The word initiator is sometimes used in place of
the word detonator.*

21. In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 3 Electronics, Export Control Classification Number (ECCN)
    3A991 is amended by adding a new paragraph (o), to read as follows:

**3A991 Electronic devices and components not controlled by 3A001.**

\* \* \* \* \*

**List of Items Controlled**

\* \* \* \* \*

*Items:*

\* \* \* \* \*

o\. Solar cells, cell-interconnect-coverglass (CIC) assemblies, solar
panels, and solar arrays, which are "space qualified" and not controlled
by 3A001.e.4.

22. In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 3 Electronics, Export Control Classification Number (ECCN)
    3B001 is amended by revising the Heading and the Items paragraph in
    the List of Items Controlled section, to read as follows:

**3B001 Equipment for the manufacturing of semiconductor devices or
materials, as follows (see List of Items Controlled) and specially
designed components and accessories therefor.**

\* \* \* \* \*

**List of Items Controlled**

\* \* \* \* \*

*Items*:

a\. Equipment designed for epitaxial growth as follows:

a.1. Equipment capable of producing a layer of any material other than
silicon with a thickness uniform to less than  2.5% across a distance
of 75 mm or more;

a.2. Metal Organic Chemical Vapor Deposition (MOCVD) reactors specially
designed for compound semiconductor crystal growth by the chemical
reaction between materials controlled by 3C003 or 3C004;

a.3. Molecular beam epitaxial growth equipment using gas or solid
sources;

b\. Equipment designed for ion implantation and having any of the
following:

b.1. A beam energy (accelerating voltage) exceeding 1MeV;

b.2. Being specially designed and optimized to operate at a beam energy
(accelerating voltage of less than 2 keV;

b.3. Direct write capability; *or*

b.4. A beam energy of 65 keV or more and a beam current of 45 mA or more
for high energy oxygen implant into a heated semiconductor material
"substrate";

c\. Anisotropic plasma dry etching equipment as follows:

c.1. Equipment with cassette-to-cassette operation and load-locks, and
having any of the following:

c.1.a. Designed or optimized to produce critical dimensions of 180 nm or
less with  5% 3 sigma precision; *or*

c.1.b. Designed for generating less than 0.04 particles/cm² with a
measurable particle size greater than 0.1 m in diameter;

c.2. Equipment specially designed for equipment controlled by 3B001.e.
and having any of the following:

c.2.a. Designed or optimized to produce critical dimensions of 180 nm or
less with  5% 3 sigma precision; *or*

c.2.b. Designed for generating less than 0.04 particles/cm² with a
measurable particle size greater than 0.1 m in diameter;

d\. Plasma enhanced Chemical Vapor Deposition (CVD) equipment as
follows:

d.1. Equipment with cassette-to-cassette operation and load-locks, and
designed according to the manufacturer\'s specifications or optimized
for use in the production of semiconductor devices with critical
dimensions of 180 nm or less;

d.2. Equipment specially designed for equipment controlled by 3B001.e.
and designed according to the manufacturer\'s specifications or
optimized for use in the production of semiconductor devices with
critical dimensions of 180 nm or less;

e\. Automatic loading multi-chamber central wafer handling systems
having all of the following:

e.1. Interfaces for wafer input and output, to which more than two
pieces of semiconductor processing equipment are to be connected; *and*

e.2. Designed to form an integrated system in a vacuum environment for
sequential multiple wafer processing;

***Note*:** *3B001.e. does not control automatic robotic wafer handling
systems not designed to operate in a vacuum environment.*

f\. Lithography equipment as follows:

f.1. Align and expose step and repeat (direct step on wafer) or step and
scan (scanner) equipment for wafer processing using photo-optical or
X-ray methods and having any of the following:

f.1.a. A light source wavelength shorter than 245 nm; *or*

f.1.b. Capable of producing a pattern with a \'minimum resolvable
feature size\' of 180 nm or less;

***Technical Note*:** *The \'minimum resolvable feature size\' is
calculated by the following formula:*

*MRF =*

*(an exposure light source wavelength in nm) x (K factor)*

*\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--*

*numerical aperture*

*where the K factor = 0.45*

*MRF = \'minimum resolvable feature size\'.*

f.2 Imprint lithography equipment capable of production features of 180
nm or less;

***Note:** 3B001.f.2 includes:*

*- Micro contact printing tools*

*- Hot embossing tools*

*- Nano-imprint lithography tools*

*- Step and flash imprint lithography (S-FIL) tools*

f.3. Equipment specially designed for mask making or semiconductor
device processing using direct writing methods and having all of the
following:

f.3.a. Using deflected focused electron beam, ion beam or "laser" beam;
and

f.3.b. Having any of the following:

f.3.b.1. A spot size smaller than 0.2 m;

f.3.b.2. Being capable of producing a pattern with a feature size of
less than 1 m; or

f.3.b.3. An overlay accuracy of better than  0.20 m (3 sigma);

g\. Masks and reticles, designed for integrated circuits controlled by
3A001;

h\. Multi-layer masks with a phase shift layer;

***Note*:** *3B001.h. does not control multi-layer masks with a phase
shift layer designed for the fabrication of memory devices not
controlled by 3A001.*

i\. Imprint lithography templates designed for integrated circuits by
3A001.

23. In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 3 Electronics, Export Control Classification Number (ECCN)
    3C002 is amended by:

a\. Revising the Heading ;

b\. Revising the GBS and CIV paragraphs in the License Exception
section; and

c\. Replacing the semicolon with a period at the end of paragraph d; and

d\. Adding paragraph e to the Items paragraph in the List of Items
Controlled section, to read as follows:

**3C002 Resist materials as follows (see List of Items Controlled) and
"substrates" coated with the following resists.**

\* \* \* \* \*

**License Exceptions**

\* \* \* \* \*

> GBS: Yes for positive resists not optimized for photolithography at a
> wavelength of less than 365 nm, provided that they are not controlled
> by 3C002.b through .e.
>
> CIV: Yes for positive resists not optimized for photolithography at a
> wavelength of less than 365 nm, provided that they are not controlled
> by 3C002.b through .e.

**List of Items Controlled**

*\* \* \* \* \**

*Items*:

\* \* \* \* \*

e\. All resists designed or optimized for use with imprint lithography
equipment specified by 3B001.f.2. that use either a thermal or
photo-curable process.

24. In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 3 Electronics, Export Control Classification Number (ECCN)
    3C005 is amended by revising the Heading, to read as follows:

**3C005 Silicon carbide (SiC), gallium nitride (GaN), aluminum nitride
(AlN) or aluminum gallium nitride (AlGaN) "substrates", or ingots,
boules, or other preforms of those materials, having resistivities
greater than 10,000 ohm-cm at 20°C.**

\* \* \* \* \*

25. In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 3 Electronics, Export Control Classification Number (ECCN)
    3C006 is added after ECCN 3C005, to read as follows:

**3C006 "Substrates" specified in 3C005 with at least one epitaxial
layer of silicon carbide, gallium nitride, aluminum nitride or aluminum
gallium nitride.**

**License Requirements**

*Reason for Control:* NS, AT

*Control(s) Country Chart*

NS applies to entire entry NS Column 2

AT applies to entire entry AT Column 1

**License Exceptions**

LVS: \$3000

GBS: Yes

CIV: Yes

**List of Items Controlled**

*Unit:* \$ value

> *Related Controls:* See ECCN 3D001 for related "development" or
> "production" "software", ECCN 3E001 for related "development" and
> "production" "technology", and ECCN 3B991.b.1.b for related
> "production" equipment.

*Related Definition:* N/A

*Items:*

The list of items controlled is contained in the ECCN heading.

26. In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 3 Electronics, Export Control Classification Number (ECCN)
    3D001 is amended by:

a\) Revising Notes 1 and 2 in the Related Controls paragraph of the List
of Items Controlled section;

b\) Removing the text of the Related Definitions paragraph of the List
of Items Controlled section and replacing it with "N/A";

c\) Adding a new paragraph (o), to read as follows:

**3D001 "Software" specially designed for the "development" or
"production" of equipment**

**controlled by 3A001.b to 3A002.g or 3B (except 3B991 and 3B992).**

\* \* \* \* \*

**List of Items Controlled**

**Unit:** \* \* \*

**Related Controls:** "Software" specially designed for the
"development" or "production" of the following equipment is under the
export licensing authority of the Department of State, Directorate of
Defense Trade Controls (22 CFR part 121): 1.) When operating at
frequencies higher than 31.8 GHz and "space qualified": Helix tubes
(traveling wave tubes (TWT)) defined in 3A001.b.1.a.4.c; microwave solid
state amplifiers defined in 3A001.b.4.b; and traveling wave tube
amplifiers (TWTA) defined in 3A001.b.8; 2.) "Space qualified" solar
cells, coverglass-interconnect-cells or covered-interconnect-cells (CIC)
assemblies, solar arrays, and/or solar panels, with a minimum average
efficiency of 31% or greater at an operating temperature of 301ºK (28ºC)
under simulated \'AM0\' illumination with an irradiance of 1,367 Watts
per square meter (W/m^2^), and associated solar concentrators, power
conditioners, and/or controllers, bearing and power transfer assemblies,
and deployment hardware/systems. 3.) "Space qualified" atomic frequency
standards defined in 3A002.g.2. See also 3D101.

**Related Definitions:** N/A

**Items:** \* \* \*

27. In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 3 Electronics, Export Control Classification Number (ECCN)
    3E001 is amended by:

a\. Revising the Heading;

b\. Revising the NS column 1 paragraph of the License Requirements
section;

c\. Revising Note 2.a and 2.b in the Related Controls paragraph of the
List of Items Controlled section;

d\. Removing the text of the Related Definitions paragraph of the List
of Items and replacing it with "N/A"; and

e\. Revising the technical note in the Items paragraph of the List of
Items Controlled section, to read as follows:

**3E001** **"Technology" according to the General Technology Note for
the "development" or "production" of equipment or materials controlled
by 3A (except 3A292, 3A980, 3A981, 3A991 3A992, or 3A999), 3B (except
3B991 or 3B992) or 3C (except 3C992).**

**License Requirements**

\* \* \* \* \*

*Control(s)* *Country Chart*

NS applies to "technology" NS Column 1

for items controlled by

3A001, 3A002, 3B001,

3B002, or 3C001 to 3C006

\* \* \* \* \*

**License Exceptions**

CIV: N/A

> TSR: Yes, except N/A for MT, and "technology" specially designed for
> the "development" or "production" of: (a) Traveling Wave Tube
> Amplifiers described in 3A001.b.8, having operating frequencies
> exceeding 19 Ghz; and (b) solar cells, coverglass-interconnect-cells
> or covered-interconnect-cells (CIC) assemblies, solar arrays and/or
> solar panels, which are "space qualified," having a minimum average
> efficiency exceeding 20% but less than 31% described in 3A001.e.4.

\* \* \* \* \*

**List of Items Controlled**

\* \* \* \* \*

> *Related Controls:* 1.) See also 3E101 and 3E201. 2.)"Technology"
> according to the General Technology Note for the "development" or
> "production" of the following commodities is under the export
> licensing authority of the Department of State, Directorate of Defense
> Trade Controls (22CFR part 121): (a) When operating at frequencies
> higher than 31.8 GHz and "space qualified": helix tubes (traveling
> wave tubes (TWT)) defined in 3A001.b.1.a.4.c; microwave solid state
> amplifiers defined in 3A001.b.4.b; or traveling wave tube amplifiers
> (TWTA) defined in 3A001.b.8; (b) "Space qualified" solar cells,
> coverglass-interconnect-cells or covered-interconnect-cells (CIC)
> assemblies, solar arrays, and/or solar panels, with a minimum average
> efficiency of 31% or greater at an operating temperature of 301ºK
> (28ºC) under simulated \'AM0\' illumination with an irradiance of
> 1,367 Watts per square meter (W/m^2^), and associated solar
> concentrators, power conditioners, and/or controllers, bearing and
> power transfer assemblies, and deployment hardware/systems. and (c)
> "Space qualified" atomic frequency standards defined in 3A002.g.2.

*Related Definition:* N/A

*Items*:

The list of items controlled is contained in the ECCN heading.

\* \* \* \* \*

***Technical Note**: Multi-layer structures in Note 2 of 3E001 do not
include devices incorporating a maximum of three metal layers and*
*three polysilicon layers.*

28. In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 5 Telecommunications and "Information Security", Part I
    Telecommunications, Export Control Classification Number (ECCN)
    5A001 is amended by revising the Heading and the Items paragraph of
    the List of Items Controlled section to read as follows:

**5A001 Telecommunications systems, equipment, components and
accessories, as follows (see List of Items Controlled).**

\* \* \* \* \*

**List of Items Controlled**

> *\* \* \* \* \**

*Items:*

a\. Any type of telecommunications equipment having any of the following
characteristics, functions or features:

a.1. Specially designed to withstand transitory electronic effects or
electromagnetic pulse effects, both arising from a nuclear explosion;

a.2. Specially hardened to withstand gamma, neutron or ion radiation;
*or*

a.3. Specially designed to operate outside the temperature range from
218 K (-55C) to 397 K (124C);

***Note:** 5A001.a.3 applies only to electronic equipment.*

***Note:** 5A001.a.2 and 5A001.a.3 do not apply to equipment designed or
modified for use on board satellites.*

b\. Telecommunication systems and equipment, and specially designed
components and accessories therefor, having any of the following
characteristics, functions or features:

b.1 Being underwater untethered communications systems having any of the
following:

b.1.a. An acoustic carrier frequency outside the range from 20 kHz to 60
kHz;

b.1.b. Using an electromagnetic carrier frequency below 30 kHz; *or*

b.1.c. Using electronic beam steering techniques; *or*

b.1.d. Using "lasers" or light-emitting diodes (LEDs) with an output
wavelength greater than 400 nm and less than 700 nm, in a "local area
network";

b.2. Being radio equipment operating in the 1.5 MHz to 87.5 MHz band and
having all of the following:

b.2.a.. Automatically predicting and selecting frequencies and "total
digital transfer rates" per channel to optimize the transmission; *and*

b.2.b. Incorporating a linear power amplifier configuration having a
capability to support multiple signals simultaneously at an output power
of 1 kW or more in the frequency range of 1.5 MHz or more but less than
30 MHz, or 250 W or more in the frequency range of 30 MHz or more but
not exceeding 87.5 MHz, over an "instantaneous bandwidth" of one octave
or more and with an output harmonic and distortion content of better
than -80 dB;

b.3. Being radio equipment employing "spread spectrum" techniques,
including "frequency hopping" techniques, not controlled in 5A001.b.4
and having any of the following :

b.3.a. User programmable spreading codes; *or*

b.3.b. A total transmitted bandwidth which is 100 or more times the
bandwidth of any one information channel and in excess of 50 kHz;

***Note:** 5A001.b.3.b does not control radio equipment specially
designed for use with civil cellular radio-communications systems.*

***Note:** 5A001.b.3 does not control equipment operating at an output
power of 1 W or less.*

b.4 Being radio equipment employing ultra-wideband modulation
techniques, having user programmable channelizing codes, scrambling
codes, or network identification codes and having any of the following:

b.4.a. A bandwidth exceeding 500 MHz; *or*

b.4.b. A "fractional bandwidth" of 20% or more;

b.5. Being digitally controlled radio receivers having all of the
following:

b.5.a. More than 1,000 channels;

b.5.b. A "frequency switching time" of less than 1 ms;

b.5.c. Automatic searching or scanning of a part of the electromagnetic
spectrum; *and*

b.5.d. Identification of the received signals or the type of
transmitter; *or*

***Note:** 5A001.b.5 does not control radio equipment specially designed
for use with civil cellular radio-communications systems.*

b.6. Employing functions of digital "signal processing" to provide
\'voice coding\' output at rates of less than 2,400 bit/s.

***Technical Notes:***

> *1. For variable rate \'voice coding\', 5A001.b.6 applies to the
> \'voice coding\' output of continuous speech.*

*2. For the purpose of 5A001.b.6, 'voice coding' is defined as the
technique to take samples of human voice and then convert these samples
of human voice and then convert these samples into a digital signal
taking into account specific characteristics of human speech.*

c\. Optical fiber communication cables, optical fibers and accessories,
as follows:

c.1. Optical fibers of more than 500 m in length specified by the
manufacturer as being capable of withstanding a \'proof test\' tensile
stress of 2 x 10^9^ N/m^2^ or more;

***Technical Note:** \'Proof Test\': on-line or off-line production
screen testing that dynamically applies a prescribed tensile stress over
a 0.5 to 3 m length of fiber at a running rate of 2 to 5 m/s while
passing between capstans approximately 150 mm in diameter. The ambient
temperature is a nominal 293 K (20C) and relative humidity 40%.
Equivalent national standards may be used for executing the proof test.*

c.2. Optical fiber cables and accessories, designed for underwater use;

***Note:** 5A001.c.2 does not control standard civil telecommunication
cables and accessories.*

***N.B. 1:** For underwater umbilical cables, and connectors thereof,
see 8A002.a.3.*

***N.B. 2:** For fiber-optic hull penetrators or connectors, see
8A002.c.*

d\. "Electronically steerable phased array antennae" operating above
31.8 GHz;

***Note:** 5A001.d does not control "electronically steerable phased
array antennae" for landing systems with instruments meeting ICAO
standards covering Microwave Landing Systems (MLS).*

e\. Radio direction finding equipment operating at frequencies above 30
MHz and having all of the following, and specially designed components
therefor:

e.1. "Instantaneous bandwidth" of 10 MHz or more; and

e.2. Capable of finding a Line Of Bearing (LOB) to non-cooperating radio
transmitters with a signal duration of less than 1 ms;

f\. Jamming equipment specially designed or modified to intentionally
and selectively interfere with, deny, inhibit, degrade or seduce mobile
telecommunication services and having any of the following
characteristics, and specially designed components therefore:

f.1. Simulating the functions of Radio Access Network (RAN) equipment;
*or*

f.2. Detecting and exploiting specific characteristics of the mobile
telecommunications protocol employed (e.g., GSM);

***N.B. :** For GNSS jamming equipment see the Munitions List.*

g\. Passive Coherent Location (PCL) systems or equipment, specially
designed for detecting and tracking moving objects by measuring
reflections of ambient radio frequency emissions, supplied by non-radar
transmitters.

***Technical Note:** Non-radar transmitters may include commercial
radio, television or cellular telecommunications base stations.*

***Note:** 5A001.g. does not control:*

*a. Radio-astronomical equipment; [or]{.underline}*

*b. Systems or equipment, that require any radio transmission from the
target.*

29. In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 5 Telecommunications and "Information Security", Part 2
    Information Security, Export Control Classification Number (ECCN)
    5A002 is amended by revising the Heading and the Items paragraph of
    the List of Items Controlled section, to read as follows:

**5A002 "Information security" systems, equipment and components
therefor, as follows (see List of Items Controlled).**

\* \* \* \* \*

**List of Items Controlled**

\* \* \* \* \*

*Items*:

***Note:** 5A002 does not control any of the following. However, these
items are instead controlled under 5A992:*

> ***(a)** "Personalized smart cards" having any of the following:*
>
> ***(1)** Where the cryptographic capability is restricted for use in
> equipment or systems excluded from control paragraphs (b) through (g)
> of this Note; or*
>
> ***(2)** For general public-use applications where the cryptographic
> capability is not user-accessible and it is specially designed and
> limited to allow protection of personal data stored within;*
>
> ***N.B.:** If a "personalized smart card" has multiple functions, the
> control status of each function is assessed individually.*
>
> ***(b)** Receiving equipment for radio broadcast, pay television or
> similar restricted audience broadcast of the consumer type, without
> digital encryption except that exclusively used for sending the
> billing or program-related information back to the broadcast
> providers;*
>
> ***(c)** Equipment where the cryptographic capability is not
> user-accessible and which is specially designed and limited to allow
> any of the following:*
>
> ***(1)** Execution of copy-protected "software";*
>
> ***(2)** Access to any of the following:*
>
> ***(a)** Copy-protected contents stored on read-only media; or*
>
> ***(b)** Information stored in encrypted form on media (e.g., in
> connection with the protection of intellectual property rights) where
> the media is offered for sale in identical sets to the public;*
>
> ***(3)** Copying control of copyright protected audio/video data; or*
>
> ***(4)** Encryption and/or decryption for protection of libraries,
> design attributes, or associated data for the design of semiconductor
> devices or integrated circuits;*
>
> ***(d)** Cryptographic equipment specially designed and limited for
> banking use or \'money transactions\';*
>
> ***Technical Note:** The term \'money transactions\' includes the
> collection and settlement of fares or credit functions.*
>
> ***(e)** Portable or mobile radiotelephones for civil use (e.g., for
> use with commercial civil cellular radio communication systems) that
> are not capable of transmitting encrypted data directly to another
> radiotelephone or equipment (other than Radio Access Network (RAN)
> equipment), nor of passing encrypted data through RAN equipment (e.g.,
> Radio Network Controller (RNC) or Base Station Controller (BSC));*
>
> ***(f)** Cordless telephone equipment not capable of end-to-end
> encryption where the maximum effective range of unboosted cordless
> operation (e.g., a single, unrelayed hop between terminal and home
> base station) is less than 400 meters according to the manufacturer\'s
> specifications; [or]{.underline}*

***(g)** Portable or mobile radiotelephones and similar client wireless
devices for civil use, that implement only published or commercial
cryptographic standards (except for anti-piracy functions, which may be
non-published) and also meet the provisions of paragraphs b. to d. of
the Cryptography Note (Note 3 in Category 5 - Part 2), that have been
customized for a specific civil industry application with features that
do not affect the cryptographic functionality of these original
non-customized devices.*

***Technical Note**: Parity bits are not included in the key length.*

a\. Systems, equipment, application specific "electronic assemblies",
modules and integrated circuits for "information security", as follows
and other specially designed components therefor:

***N.B.:*** *For the control of Global Navigation Satellite Systems
(GNSS) receiving equipment containing or employing decryption (i.e., GPS
or GLONASS) see 7A005.*

a.1. Designed or modified to use "cryptography" employing digital
techniques performing any cryptographic function other than
authentication or digital signature and having any of the following:

***Technical Notes**:*

*1. Authentication and digital signature functions include their
associated key management function.*

*2. Authentication includes all aspects of access control where there is
no encryption of files or text except as directly related to the
protection of passwords, Personal Identification Numbers (PINs) or
similar data to prevent unauthorized access.*

*3. "Cryptography" does not include "fixed" data compression or coding
techniques.*

***Note**: 5A002.a.1 includes equipment designed or modified to use
"cryptography" employing analog principles when implemented with digital
techniques.*

a.1.a. A "symmetric algorithm" employing a key length in excess of
56-bits; *or*

a.1.b. An "asymmetric algorithm" where the security of the algorithm is
based on any of the following:

a.1.b.1. Factorization of integers in excess of 512 bits (*e.g.*, RSA);

a.1.b.2. Computation of discrete logarithms in a multiplicative group of
a finite field of size greater than 512 bits (*e.g.*, Diffie-Hellman
over Z/pZ); *or*

a.1.b.3. Discrete logarithms in a group other than mentioned in
5A002.a.1.b.2 in excess of 112 bits (*e.g.*, Diffie-Hellman over an
elliptic curve);

a.2. Designed or modified to perform cryptanalytic functions;

a.3. \[RESERVED\]

a.4. Specially designed or modified to reduce the compromising
emanations of information-bearing signals beyond what is necessary for
health, safety or electromagnetic interference standards;

a.5. Designed or modified to use cryptographic techniques to generate
the spreading code for "spread spectrum" systems, not controlled in
5A002.a.6., including the hopping code for "frequency hopping" systems;

a.6. Designed or modified to use cryptographic techniques to generate
channelizing codes, scrambling codes or network identification codes,
for systems using ultra-wideband modulation techniques and having any of
the following:

a.6.a. A bandwidth exceeding 500 MHz; *or*

a.6.b. A "fractional bandwidth" of 20% or more;

a.7. \[RESERVED\]

a.8. Communications cable systems designed or modified using mechanical,
electrical or electronic means to detect surreptitious intrusion;

a.9. Designed or modified to use 'quantum cryptography.'

***Technical Notes:***

*1. 'Quantum cryptography' A family of techniques for the establishment
of a shared key for "cryptography" by measuring the quantum-mechanical
properties of a physical system (including those physical properties
explicitly governed by quantum optics, quantum field theory, or quantum
electrodynamics).*

*2. 'Quantum cryptography' is also known as Quantum Key Distribution
(QKD).*

30. In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 6 Sensors, Export Control Classification Number (ECCN)
    6A001 is amended by revising the Heading and the Items paragraph of
    the List of Items Controlled section, to read as follows:

**6A001 Acoustic systems, equipment and components, as follows (see List
of Items Controlled).**

\* \* \* \* \*

**List of Items Controlled**

\* \* \* \* \*

*Items*:

a\. Marine acoustic systems, equipment and specially designed components
therefor, as follows:

a.1. Active (transmitting or transmitting-and-receiving) systems,
equipment and specially designed components therefor, as follows:

***Note:** 6A001.a.1 does not control:*

*a. Depth sounders operating vertically below the apparatus, not
including a scanning function exceeding  20, and limited to measuring
the depth of water, the distance of submerged or buried objects or fish
finding;*

*b. Acoustic beacons, as follows:*

*1. Acoustic emergency beacons;*

*2. Pingers specially designed for relocating or returning to an
underwater position.*

a.1.a. Wide-swath bathymetric survey systems designed for sea bed
topographic mapping and having all of the following:

a.1.a.1. Designed to take measurements at an angle exceeding 20 from
the vertical;

a.1.a.2. Designed to measure depths exceeding 600 m below the water
surface; *and*

a.1.a.3. Designed to provide any of the following:

a.1.a.3.a. Incorporation of multiple beams any of which is less than
1.9; *or*

a.1.a.3.b. Data accuracies of better than 0.3% of water depth across the
swath averaged over the individual measurements within the swath;

a.1.b. Object detection or location systems, having any of the
following:

a.1.b.1. A transmitting frequency below 10 kHz;

a.1.b.2. Sound pressure level exceeding 224dB (reference 1 Pa at 1 m)
for equipment with an operating frequency in the band from 10 kHz to 24
kHz inclusive;

a.1.b.3. Sound pressure level exceeding 235 dB (reference 1 Pa at 1 m)
for equipment with an operating frequency in the band between 24 kHz and
30 kHz;

a.1.b.4. Forming beams of less than 1 on any axis and having an
operating frequency of less than 100 kHz;

a.1.b.5. Designed to operate with an unambiguous display range exceeding
5,120 m; *or*

a.1.b.6. Designed to withstand pressure during normal operation at
depths exceeding 1,000 m and having transducers with any of the
following:

a.1.b.6.a. Dynamic compensation for pressure; *or*

a.1.b.6.b. Incorporating other than lead zirconate titanate as the
transduction element;

a.1.c. Acoustic projectors, including transducers, incorporating
piezoelectric, magnetostrictive, electrostrictive, electrodynamic or
hydraulic elements operating individually or in a designed combination
and having any of the following:

***Notes:** 1. The control status of acoustic projectors, including
transducers, specially designed for other equipment is determined by the
control status of the other equipment.*

*2. 6A001.a.1.c does not control electronic sources that direct the
sound vertically only, or mechanical (e.g., air gun or vapor-shock gun)
or chemical (e.g., explosive) sources.*

a.1.c.1. An instantaneous radiated \'acoustic power density\' exceeding
0.01 mW/mm^2^/Hz for devices operating at frequencies below 10 kHz;

a.1.c.2. A continuously radiated \'acoustic power density\' exceeding
0.001 mW/mm^2^/Hz for devices operating at frequencies below 10 kHz;
*or*

***Technical Note:** \'Acoustic power density\' is obtained by dividing
the output acoustic power by the product of the area of the radiating
surface and the frequency of operation.*

a.1.c.3. Side-lobe suppression exceeding 22 dB;

a.1.d. Acoustic systems, equipment and specially designed components for
determining the position of surface vessels or underwater vehicles,
designed to operate at a range exceeding 1,000 m with a positioning
accuracy of less than 10 m rms (root mean square) when measured at a
range of 1,000 m;

***Note:** 6A001.a.1.d includes:*

*a. Equipment using coherent "signal processing" between two or more
beacons and the hydrophone unit carried by the surface vessel or
underwater vehicle;*

*b. Equipment capable of automatically correcting speed-of-sound
propagation errors for calculation of a point.*

a.2. Passive (receiving, whether or not related in normal application to
separate active equipment) systems, equipment and specially designed
components therefor, as follows:

a.2.a. Hydrophones having any of the following:

***Note:** The control status of hydrophones specially designed for
other equipment is determined by the control status of the other
equipment.*

a.2.a.1. Incorporating continuous flexible sensing elements;

a.2.a.2. Incorporating flexible assemblies of discrete sensing elements
with either a diameter or length less than 20 mm and with a separation
between elements of less than 20 mm;

a.2.a.3. Having any of the following sensing elements:

a.2.a.3.a. Optical fibers;

a.2.a.3.b. \'Piezoelectric polymer films\' other than
polyvinylidene-fluoride (PVDF) and its co-polymers {P(VDF-TrFE) and
P(VDF-TFE)}; *or*

a.2.a.3.c. \'Flexible piezoelectric composites\';

a.2.a.4. A \'hydrophone sensitivity\' better than -180dB at any depth
with no acceleration compensation;

a.2.a.5. Designed to operate at depths exceeding 35 m with acceleration
compensation; *or*

a.2.a.6. Designed for operation at depths exceeding 1,000 m;

***Technical Notes:** 1. 'Piezoelectric polymer film' sensing elements
consist of polarized polymer film that is stretched over and attached to
a supporting frame or spool (mandrel).*

*2. 'Flexible piezoelectric composite' sensing elements consist of
piezoelectric ceramic particles or fibers combined with an electrically
insulating, acoustically transparent rubber, polymer or epoxy compound,
where the compound is an integral part of the sensing elements.*

*3. \'Hydrophone sensitivity\' is defined as twenty times the logarithm
to the base 10 of the ratio of rms output voltage to a 1 V rms
reference, when the hydrophone sensor, without a pre-amplifier, is
placed in a plane wave acoustic field with an rms pressure of 1 Pa. For
example, a hydrophone of -160 dB (reference 1 V per Pa) would yield an
output voltage of 10^-8^ V in such a field, while one of -180 dB
sensitivity would yield only 10^-9^ V output. Thus, -160 dB is better
than -180 dB.*

a.2.b. Towed acoustic hydrophone arrays having any of the following:

a.2.b.1. Hydrophone group spacing of less than 12.5 m or 'able to be
modified' to have hydrophone group spacing of less than 12.5 m;

a.2.b.2. Designed or 'able to be modified' to operate at depths
exceeding 35m;

***Technical Note:** \'Able to be modified\' in 6A001.a.2.b means having
provisions to allow a change of the wiring or interconnections to alter
hydrophone group spacing or operating depth limits. These provisions
are: spare wiring exceeding 10% of the number of wires, hydrophone group
spacing adjustment blocks or internal depth limiting devices that are
adjustable or that control more than one hydrophone group.*

a.2.b.3. Heading sensors controlled by 6A001.a.2.d;

a.2.b.4. Longitudinally reinforced array hoses;

a.2.b.5. An assembled array of less than 40 mm in diameter;

a.2.b.6. \[RESERVED\]; *or*

a.2.b.7. Hydrophone characteristics controlled by 6A001.a.2.a;

a.2.c. Processing equipment, specially designed for towed acoustic
hydrophone arrays, having "user accessible programmability" and time or
frequency domain processing and correlation, including spectral
analysis, digital filtering and beamforming using Fast Fourier or other
transforms or processes;

a.2.d. Heading sensors having all of the following:

a.2.d.1. An accuracy of better than  0.5; *and*

a.2.d.2. Designed to operate at depths exceeding 35 m or having an
adjustable or removable depth sensing device in order to operate at
depths exceeding 35 m;

a.2.e. Bottom or bay cable systems, having any of the following:

a.2.e.1. Incorporating hydrophones controlled by 6A001.a.2.a; *or*

a.2.e.2. Incorporating multiplexed hydrophone group signal modules
having all of the following characteristics:

a.2.e.2.a. Designed to operate at depths exceeding 35 m or having an
adjustable or removal depth sensing device in order to operate at depths
exceeding 35 m; *and*

a.2.e.2.b. Capable of being operationally interchanged with towed
acoustic hydrophone array modules;

a.2.f. Processing equipment, specially designed for bottom or bay cable
systems, having "user accessible programmability" and time or frequency
domain processing and correlation, including spectral analysis, digital
filtering and beamforming using Fast Fourier or other transforms or
processes;

b\. Correlation-velocity and Doppler-velocity sonar log equipment
designed to measure the horizontal speed of the equipment carrier
relative to the sea bed, as follows:

b.1. Correlation-velocity sonar log equipment having any of the
following characteristics:

b.1.a. Designed to operate at distances between the carrier and the sea
bed exceeding 500 m; *or*

b.1.b. Having speed accuracy better than 1% of speed;

b.2. Doppler-velocity sonar log equipment having speed accuracy better
than 1% of speed.

***Note 1:** 6A001.b. does not apply to depth sounders limited to any of
the following:*

*a. Measuring the depth of water;*

*b. Measuring the distance of submerged or buried objects;
[or]{.underline}*

*c. Fish finding.*

***Note 2:** 6A001.b. does not apply to equipment specially designed for
installation on surface vessels.*

31. In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 6 Sensors, Export Control Classification Number (ECCN)
    6A005 is amended by:

a\. Revising the citation "6A005.b.2, b.3, or b.4\" to read "6A005.a.4,
b.2, b.3, b.4\" in paragraph g of the License Requirements Note;

b Revising the phrase "Dye and Liquid Lasers controlled by 6A005.c.1 and
c.2," to read "Dye and Liquid Lasers controlled by 6A005.c.1, c.2 and
c.3," in the GBS and CIV paragraphs of the License Exception section;
and

c\. Revising the phrase "less than 1 s" to read "less than 1 ns" in
paragraph b.6.a of the Items paragraph in the List of Items Controlled
section.

32. In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 6 Sensors, Export Control Classification Number (ECCN)
    6A995, Note following paragraph e.2.b is amended by revising the
    citation from "6A995.e.1.b" to read "6A995.e.2.b".

33. In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 7 Navigation and Avionics, Export Control Classification
    Number (ECCN) 7A002 is amended by removing the term "drift rate" and
    adding in its place "bias" in 7A002.a and 7A002.c.1 in the Items
    paragraph of the List of Items Controlled section.

34. In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 7 Navigation and Avionics, Export Control Classification
    Number (ECCN) 7A003 is amended by revising the Items paragraph of
    the List of Items Controlled section, to read as follows:

**7A003** **Inertial Systems and specially designed components
therefor.**

\* \* \* \* \*

**List of Items Controlled**

\* \* \* \* \*

*Items*:

a\. Inertial Navigation Systems (INS) (gimballed or strapdown) and
inertial equipment designed for "aircraft", land vehicles, vessels
(surface or underwater) or "spacecraft" for navigation, attitude,
guidance or control, having any of the following characteristics, and
specially designed components therefor:

a.1. Navigation error (free inertial) subsequent to normal alignment of
0.8 nautical mile per hour (nm/hr)"Circular Error Probable" ("CEP") or
less (better); *or*

a.2. Specified to function at linear acceleration levels exceeding 10 g;

b\. Hybrid Inertial Navigation Systems embedded with Global Navigation
Satellite System(s) (GNSS) or with "Data-Based Referenced Navigation"
("DBRN") System(s) for navigation, attitude, guidance or control,
subsequent to normal alignment, having an INS navigation position
accuracy, after loss of GNSS or "DBRN" for a period of up to 4 minutes,
of less (better) than 10 meters "Circular Error Probable" ("CEP");

c\. Inertial Measurement equipment for heading or True North
determination having any of the following, and specially designed
components therefor:

c.1. Designed to have heading or True North determination accuracy equal
to, or less (better) than 0.07 deg sec (Lat) equivalent to 6 arc minutes
RMS at 45 degrees latitude; *or*

c.2. Designed to have a non-operating shock level of 900 g or greater at
a duration of 1-msec or greater;

d\. Inertial measurement equipment including Inertial Measurement Units
(IMU) and Inertial Reference Systems (IRS), incorporating accelerometers
or gyros controlled by 7A001 or 7A002, and specially designed components
therefor.

***Note 1**: The parameters of 7A003.a and 7A003.b are applicable with
any of the following environmental conditions:*

*a. Input random vibration with an overall magnitude of 7.7 g rms in the
0.5 hour and a total test duration of 1.5 hour per axis in each of the 3
perpendicular axes, when the random vibration meets all of the
following:*

*1. A constant Power Spectral Density (PSD) value of 0.04 g^2^/Hz over a
frequency interval of 15 to 1,000 Hz; and*

*2. The PSD attenuates with frequency from 0.04 g^2^/Hz to 0.01 g^2^/Hz
over a frequency interval from 1,000 to 2,000 Hz;*

*b. An angular rate capability about one or more axes of equal to or
more than +2.62 rad/s (150 deg/s); [or]{.underline}*

*c. According to national standards equivalent to a. or b. of this
note.*

***Note 2:** 7A003 does not control inertial navigation systems that are
certified for use on "civil aircraft" by civil authorities of a
Wassenaar Arrangement Participating State, see Supplement No. 1 to Part
743 for a list of these countries.*

***Note 3:** 7A003.c.1 does not control theodolite systems incorporating
inertial equipment specially designed for civil surveying purposes.*

***Technical Note:** 7A003.b refers to systems in which an INS and other
independent navigation aids are built into a single unit (embedded) in
order to achieve improved performance.*

35. In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 7 Navigation and Avionics, Export Control Classification
    Number (ECCN) 7A008 is amended by revising the Heading and Related
    Controls paragraph in the List of Items Controlled section, to read
    as follows:

**7A008 Underwater sonar navigation systems, using Doppler velocity or
correlation velocity logs integrated with a heading sourceand having a
positioning accuracy of equal to or less (better) than 3% of distance
traveled "Circular Error Probable" ("CEP"), and specially designed
components therefore.**

\* \* \* \* \*

**List of Items Controlled**

\* \* \* \* \*

> *Related Controls*: 7A008 does not control systems specially designed
> for installation on surface vessels or systems requiring acoustic
> beacons or buoys to provide positioning data. See 6A001.a for acoustic
> systems, and 6A001.b for correlation-velocity and Doppler- velocity
> sonar log equipment. See 8A002 for other marine systems.

*\* \* \* \* \**

36. In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 9 Aerospace and Propulsion, Export Control Classification
    Number 9A012 is amended by revising the Heading and the Items
    paragraph in the List of Items Controlled section, to read as
    follows:

**9A012 Non-military "unmanned aerial vehicles," ("UAVs"), associated
systems, equipment and components, as follows. (see List of Items
Controlled).**

\* \* \* \* \*

**List of Items Controlled**

\* \* \* \* \*

*Items*:

a\. "UAVs" having any of the following:

a.1. An autonomous flight control and navigation capability (*e.g.*, an
autopilot with an Inertial Navigation System); *or*

a.2. Capability of controlled flight out of the direct visual range
involving a human operator (*e.g.*, televisual remote control);

b\. Associated systems, equipment and components, as follows:

b.1. Equipment specially designed for remotely controlling the "UAVs"
controlled by 9A012.a.;

b.2. Guidance or control systems, other than those controlled in
Category 7, specially designed for integration into "UAVs" controlled by
9A012.a.;

b.3. Equipment and components specially designed to convert a manned
"aircraft" to a "UAV" controlled by 9A012.a;

b.4. Air breathing reciprocating or rotary internal combustion type
engines, specially designed or modified to propel "UAVs" at altitudes
above 50,000 feet (15,240 meters).

***Note**: 9A012 does not control model aircraft.*

37. In Supplement No. 1 to Part 774 (the Commerce Control List),
    Category 9 Aerospace and Propulsion, Export Control Classification
    Number 9E003 is amended by revising the Heading and the Items
    paragraph in the List of Items Controlled section, to read as
    follows:

**9E003 Other "technology" as follows (see List of Items Controlled).**

\* \* \* \* \*

**List of Items Controlled**

*\* \* \* \* \**

*Items*:

a\. "Technology" "required" for the "development", "production" of any
of the following gas turbine engine components or systems:

a.1. Gas turbine blades, vanes or tip shrouds, made from directionally
solidified (DS) or single crystal (SC) alloys and having (in the 001
Miller Index Direction) a stress-rupture life exceeding 400 hours at
1,273 K (1,000C) at a stress of 200 MPa, based on the average property
values;

a.2. Multiple domed combustors operating at average burner outlet
temperatures exceeding 1,813 K (1,540 C) or combustors incorporating
thermally decoupled combustion liners, non-metallic liners or
non-metallic shells;

a.3. Components manufactured from any of the following:

a.3.a. Organic "composite" materials designed to operate above 588 K
(315C);

a.3.b. Metal "matrix" "composite", ceramic "matrix", intermetallic or
intermetallic reinforced materials, controlled by 1C007; *or*

a.3.c. "Composite" material controlled by 1C010 and manufactured with
resins controlled by 1C008;

a.4. Uncooled turbine blades, vanes, tip-shrouds or other components,
designed to operate at gas path total (stagnation) temperatures of 1,323
K (1,050C) or more at sea-level static take-off (ISA) in a \'steady
state mode\' of engine operation;

a.5. Cooled turbine blades, vanes or tip-shrouds, other than those
described in 9E003.a.1, exposed to gas path total (stagnation)
temperatures of 1,643 K (1,370C) or more at sea-level static take-off
(ISA) in a \'steady state mode\' of engine operation;

**Technical Note**: The term \'steady state mode\' defines engine
operation conditions, where the engine parameters, such as thrust/power,
rpm and others, have no appreciable fluctuations, when the ambient air
temperature and pressure at the engine inlet are constant.

a.6. Airfoil-to-disk blade combinations using solid state joining;

a.7. Gas turbine engine components using "diffusion bonding"
"technology" controlled by 2E003.b;

a.8. Damage tolerant gas turbine engine rotating components using powder
metallurgy materials controlled by 1C002.b;

a.9. Full authority digital electronic engine control (FADEC) for gas
turbine and combined cycle engines and their related diagnostic
components, sensors and specially designed components;

a.10. Adjustable flow path geometry and associated control systems for:

a.10.a. Gas generator turbines;

a.10.b. Fan or power turbines;

a.10.c. Propelling nozzles; *or*

***Note 1:** Adjustable flow path geometry and associated control
systems in 9E003.a.10 do not include inlet guide vanes, variable pitch
fans, variable stators or bleed valves for compressors.*

***Note 2**: 9E003.a.10 does not control "development" or "production"
"technology" for adjustable flow path geometry for reverse thrust.*

a.11. Hollow fan blades;

b\. "Technology" "required" for the "development" or "production" of any
of the following:

b.1. Wind tunnel aero-models equipped with non-intrusive sensors capable
of transmitting data from the sensors to the data acquisition system;
*or*

b.2. "Composite" propeller blades or propfans, capable of absorbing more
than 2,000 kW at flight speeds exceeding Mach 0.55;

c\. "Technology" "required" for the "development" or "production" of gas
turbine engine components using "laser", water jet, Electro-Chemical
Machining (ECM) or Electrical Discharge Machines (EDM) hole drilling
processes to produce holes having any of the following:

c.1. All of the following:

c.1.a. Depths more than four times their diameter;

c.1.b. Diameters less than 0.76 mm; *and*

c.1.c. \'Incidence angles\' equal to or less than 25; *or*

c.2. All of the following:

c.2.a. Depths more than five times their diameter;

c.2.b. Diameters less than 0.4 mm; *and*

c.2.c. \'Incidence angles\' of more than 25;

***Technical Note:** For the purposes of 9E003.c, incidence angle is
measured from a plane tangential to the airfoil surface at the point
where the hole axis enters the airfoil surface.*

d\. "Technology" "required" for the "development" or "production" of
helicopter power transfer systems or tilt rotor or tilt wing "aircraft"
power transfer systems;

e\. "Technology" for the "development" or "production" of reciprocating
diesel engine ground vehicle propulsion systems having all of the
following:

e.1. \'Box volume\' of 1.2 m^3^ or less;

e.2. An overall power output of more than 750 kW based on 80/1269/EEC,
ISO 2534 or national equivalents; *and*

e.3. Power density of more than 700 kW/m^3^ of \'box volume\';

***Technical Note:** \'Box volume\' is the product of three
perpendicular dimensions measured in the following way:*

*Length: The length of the crankshaft from front flange to flywheel
face;*

*Width: The widest of any of the following:*

*a. The outside dimension from valve cover to valve cover;*

*b. The dimensions of the outside edges of the cylinder heads; or*

*c. The diameter of the flywheel housing;*

*Height: The largest of any of the following:*

*a. The dimension of the crankshaft center-line to the top plane of the
valve cover (or cylinder head) plus twice the stroke; or*

*b. The diameter of the flywheel housing.*

f\. "Technology" "required" for the "production" of specially designed
components, for high output diesel engines, as follows:

f.1. "Technology" "required" for the "production" of engine systems
having all of the following components employing ceramics materials
controlled by 1C007:

f.1.a Cylinder liners;

f.1.b. Pistons;

f.1.c. Cylinder heads; *and*

f.1.d. One or more other components (including exhaust ports,
turbochargers, valve guides, valve assemblies or insulated fuel
injectors);

f.2. "Technology" "required" for the "production" of turbocharger
systems with single-stage compressors and having all of the following:

f.2.a. Operating at pressure ratios of 4:1 or higher;

f.2.b. Mass flow in the range from 30 to 130 kg per minute; *and*

f.2.c. Variable flow area capability within the compressor or turbine
sections;

f.3. "Technology" "required" for the "production" of fuel injection
systems with a specially designed multifuel (e.g., diesel or jet fuel)
capability covering a viscosity range from diesel fuel (2.5 cSt at 310.8
K (37.8C)) down to gasoline fuel (0.5 cSt at 310.8 K (37.8C)) and
having all of the following:

f.3.a. Injection amount in excess of 230 mm^3^ per injection per
cylinder; *and*

f.3.b. Electronic control features specially designed for switching
governor characteristics automatically depending on fuel property to
provide the same torque characteristics by using the appropriate
sensors;

g\. "Technology" "required" for the development" or "production" of
\'high output diesel engines\' for solid, gas phase or liquid film (or
combinations thereof) cylinder wall lubrication and permitting operation
to temperatures exceeding 723 K (450C), measured on the cylinder wall
at the top limit of travel of the top ring of the piston;

***Technical Note**: \'High output diesel engines\' are diesel engines
with a specified brake mean effective pressure of 1.8 MPa or more at a
speed of 2,300 r.p.m., provided the rated speed is 2,300 r.p.m. or
more.*

h\. "Technology" not otherwise controlled in 9E003.a.1 through a.10 and
currently used in the "development", "production", or overhaul of hot
section parts and components of civil derivatives of military engines
controlled on the U.S. Munitions List.

DATED:

Christopher R. Wall

Assistant Secretary

for Export Administration