38148 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 730, 732, 736, 738, 740,

742, 744, 746, 758, and 774

[Docket No. 000605165–0165–01]

RIN 0694–AC10

Easing of Export Restrictions on North

Korea

AGENCY: Bureau of Export

Administration, Commerce.

ACTION: Interim rule with request for

comments.

SUMMARY: The Bureau of Export

Administration (BXA) is amending the

Export Administration Regulations

(EAR) to implement the President’s

statement of September 17, 1999 easing

sanctions against North Korea. The

United States is taking this action in

order to pursue improved overall

relations.

DATES: This rule is effective June 19,

2000. Comments must be received no

later than July 19, 2000.

ADDRESSES: Written comments should

be sent to Kirsten Mortimer, Regulatory

Policy Division, Bureau of Export

Administration, Department of

Commerce, P.O. Box 273, Washington,

DC 20044.

FOR FURTHER INFORMATION CONTACT:

James A. Lewis, Director, Office of

Strategic Trade, at (202) 482–0092.

SUPPLEMENTARY INFORMATION:

Background

On September 17, 1999, the President

announced his decision to ease

sanctions against North Korea. The

United States is taking this action,

which is consistent with the 1994

Agreed Framework and the 1999 Perry

Report, in order to pursue improved

overall relations.

Under this new policy, most items

subject to the EAR designated as EAR99

may be exported or reexported to North

Korea without a license. In addition,

BXA is changing the licensing policy for

certain items on the Commerce Control

List (CCL) destined to North Korean

civil end-users from a policy of denial

to case-by-case review.

This regulation adds certain

categories of items to the CCL for which

a license will be required to North

Korea. Consequently, this regulation

identifies certain Export Control

Classification Numbers (ECCNs) that are

controlled for anti-terrorism (AT)

reasons to North Korea only. These new

ECCNs do not refer to any column on

the Country Chart and therefore

exporters are not required to consult the

Country Chart in Supplement No. 1 to

part 738 to determine licensing

requirements for these entries.

This easing of sanctions does not

affect U.S. anti-terrorism or

nonproliferation export controls on

North Korea, including end-user and

end-use controls maintained under the

Enhanced Proliferation Control

Initiative. This does not relieve

exporters or reexporters of their

obligations under General Prohibition 5

in § 736.2(b)(5) of the EAR which

provides that, ‘‘you may not, without a

license, knowingly export or reexport

any item subject to the EAR to an enduser or end-use that is prohibited by

part 744 of the EAR.’’ BXA strongly

urges the use of Supplement No. 3 to

part 732 of the EAR, ‘‘BXA’s ‘‘Know

Your Customer’’ Guidance and Red

Flags’’ when exporting or reexporting to

North Korea.

This rule does not affect the export

license denial policy imposed under the

Arms Export Control Act, as amended,

and the Export Administration Act of

1979, as amended, in place against

Changgwang Sinyong Corporation and

its subunits, successors, and affiliated

companies, and certain sectors of North

Korean government-related activity, set

forth in 63 FR 24585 (May 4, 1998) and

more recently in 65 FR 20239 (April 14,

2000). This license denial policy

requires BXA to deny license

applications submitted for exports to

Changgwang Sinyong Corporation and

the related entities listed above. This

entity is not on the Entity List (see

Supp. No. 4 to part 744) and does not

appear on the list of projects in Supp.

No. 1 to part 740 which have the effect

of triggering a license requirement for

items subject to the EAR (e.g., including

all items classified as EAR99).

Although the Export Administration

Act (EAA) expired on August 20, 1994,

the President invoked the International

Emergency Economic Powers Act and

continued in effect the EAR, and, to the

extent permitted by law, the provisions

of the EAA in Executive Order 12924 of

August 19, 1994, as extended by the

President’s notices of August 15, 1995

(60 FR 42767), August 14, 1996 (61 FR

42527), August 13, 1997 (62 FR 43629),

August 13, 1998 (63 FR 44121), and

August 10, 1999 (64 F.R. 44101).

Rulemaking Requirements

1. This interim 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 (PRA), unless that

collection of information displays a

currently valid OMB Control Number.

This rule involves collections of

information subject to the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.) These collections have been

approved by the Office of Management

and Budget under control number 0694–

0088.

3. This rule does not contain policies

with Federalism implications sufficient

to warrant preparation of a Federalism

assessment under Executive Order

13132.

4. The provisions of the

Administrative Procedure Act (5 U.S.C.

553) requiring notice of proposed

rulemaking, the opportunity for public

participation, and a delay in effective

date, are inapplicable because this

regulation involves a military and

foreign affairs function of the United

States. See 5 U.S.C. 553(a)(1). Further,

no other law requires that a notice of

proposed rulemaking and an

opportunity for public comment be

given for this interim rule. Because a

notice of proposed rulemaking and an

opportunity for public comment are not

required to be given for this rule under

5 U.S.C. or by any other law, the

analytical requirements of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) are not applicable.

However, because of the importance

of the issues raised by these regulations,

this rule is issued in interim form and

comments will be considered in the

development of final regulations.

Accordingly, the Department

encourages interested persons who wish

to comment to do so at the earliest

possible time to permit the fullest

consideration of their views.

The period for submission of

comments will close July 19, 2000. The

Department will consider all comments

received before the close of the

comment period in developing final

regulations. Comments received after

the end of the comment period will be

considered if possible, but their

consideration cannot be assured. The

Department will not accept public

comments accompanied by a request

that a part or all of the material be

treated confidentially because of its

business proprietary nature or for any

other reason. The Department will

return such comments and materials to

the person submitting the comments

and will not consider them in the

development of final regulations. All

public comments on these regulations

will be a matter of public record and

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38149

will be available for public inspection

and copying. In the interest of accuracy

and completeness, the Department

requires comments in written form.

Oral comments must be followed by

written memoranda, which will also be

a matter of public record and will be

available for public review and copying.

Communications from agencies of the

United States Government or foreign

governments will not be made available

for public inspection.

The public record concerning these

regulations will be maintained in the

Bureau of Export Administration

Freedom of Information Records

Inspection Facility, Room 6881,

Department of Commerce, 14th Street

and Pennsylvania Avenue, NW.,

Washington, DC 20230. Records in this

facility, including written public

comments and memoranda

summarizing the substance of oral

communications, may be inspected and

copied in accordance with regulations

published in part 4 of title 15 of the

Code of Federal Regulations.

Information about the inspection and

copying of records at the facility may be

obtained from the Bureau of Export

Administration Freedom of Information

Officer, at the above address or by

calling (202) 482–0500.

List of Subjects

15 CFR Part 730

Administrative practice and

procedure, Advisory committees,

Exports, Foreign trade, Reporting and

recordkeeping requirements, Strategic

and critical materials.

15 CFR Parts 732, 740 and 758

Administrative practice and

procedure, Exports, Foreign trade,

Reporting and Recordkeeping

requirements.

15 CFR Parts 736, 742 and 774

Exports, Foreign trade.

15 CFR Part 738

Administrative practice and

procedure, Exports, Foreign trade.

15 CFR Part 744

Exports, Foreign trade, Reporting and

recordkeeping requirements.

15 CFR Part 746

Embargoes, Exports, Foreign trade,

Reporting and recordkeeping

requirements.

Accordingly, parts 730, 732, 736, 738,

740, 742, 744, 746, 758, and 774 of the

Export Administration Regulations (15

CFR parts 730 through 799) are

amended as follows:

1. The authority citation for part 730

is revised to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.

7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C.

287c; 22 U.S.C. 3201 et seq.; 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; E.O. 11912, 41 FR

15825, 3 CFR, 1976 Comp., p. 114; E.O.

12002, 42 FR 35623, 3 CFR, 1977 Comp.,

p.133; E.O. 12058, 43 FR 20947, 3 CFR, 1978

Comp., p. 179; E.O. 12214, 45 FR 29783, 3

CFR, 1980 Comp., p. 256; E.O. 12851, 58 FR

33181, 3 CFR, 1993 Comp., p. 608; E.O.

12854, 58 FR 36587, 3 CFR, 1993 Comp., p.

179; E.O. 12867, 58 FR 51747, 3 CFR, 1993

Comp., p. 649; E.O. 12918, 59 FR 28205, 3

CFR, 1994 Comp., p. 899; E.O. 12924, 59 FR

43437, 3 CFR, 1994 Comp., p. 917; E.O.

12938, 59 FR 59099, 3 CFR, 1994 Comp., p.

950; E.O. 12981, 60 FR 62981, 3 CFR, 1995

Comp., p. 419; E.O. 13020, 61 FR 54079, 3

CFR, 1996 Comp. p. 219; E.O. 13026, 61 FR

58767, 3 CFR, 1996 Comp., p. 228; Notice of

November 12, 1998, 63 FR 63589, 3 CFR,

1998 Comp., p. 305; Notice of August 10,

1999, 64 FR 44101, 3 CFR, 1999 Comp., p.

302.

2. The authority citation for part 732

is revised to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50

U.S.C. 1701 et seq.; E.O. 12924, 59 FR 43437,

3 CFR, 1994 Comp., p. 917; E.O. 13026, 61

FR 58767, 3 CFR, 1996 Comp., p. 228; Notice

of August 10, 1999, 64 FR 44101, 3 CFR, 1999

Comp., p. 302.

3. The authority citation for part 736

is revised to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50

U.S.C. 1701 et seq.; E.O. 12924, 59 FR 43437

CFR, 1994 Comp., p. 917; E.O. 13026, 61 FR

58767, 3 CFR, 1996 Comp., p. 228; Notice of

August 10, 1999, 64 FR 44101, 3 CFR, 1999

Comp., p. 302.

4. The authority citation for part 738

is revised to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.

7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C.

287c; 22 U.S.C. 3201 et seq.; 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; E.O. 12924, 59 FR

43437, 3 CFR, 1994 Comp., p. 917; E.O.

13026, 61 FR 58767, 3 CFR, 1996 Comp., p.

228; Notice of August 10, 1999, 64 FR 44101,

3 CFR, 1999 Comp., p. 302.

5. The authority citation for part 740

is revised to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50

U.S.C. 1701 et seq.; E.O. 12924, 59 FR 43437,

3 CFR, 1994 Comp., p. 917; E.O. 13026, 61

FR 58767, 3 CFR, 1996 Comp., p. 228; Notice

of August 10, 1999, 64 FR 44101, 3 CFR, 1999

Comp., p. 302.

6. The authority citation for part 742

continues to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50

U.S.C. 1701 et seq.; 18 U.S.C. 2510 et seq.;

22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; E.O.

12058, 43 FR 20947, 3 CFR, 1978 Comp., p.

179; E.O. 12851, 58 FR 33181, 3 CFR, 1993

Comp., p. 608; E.O. 12924, 59 FR 43437, 3

CFR, 1994 Comp., p. 917; E.O. 12938, 59 FR

59099, 3 CFR, 1994 Comp., p. 950; E.O.

13026, 61 FR 58767, 3 CFR, 1996 Comp., p.

228; Notice of November 12, 1998, 63 FR

63589, 3 CFR, 1998 Comp., p. 305; Notice of

August 10, 1999, 64 FR 44101, 3 CFR, 1999

Comp., p. 302.

7. The authority citation for part 744

is revised to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50

U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;

42 U.S.C. 2139a; E.O. 12058, 43 FR 20947, 3

CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR

33181, 3 CFR, 1993 Comp., p. 608; E.O.

12924, 59 FR 43437, 3 CFR, 1994 Comp., p.

917; E.O. 12938, 59 FR 59099, 3 CFR, 1994

Comp., p. 950; E.O. 13026, 61 FR 58767, 3

CFR, 1996 Comp., p. 228; Notice of

November 12, 1998, 63 FR 63589, 3 CFR,

1998 Comp., p. 305; Notice of August 10,

1999, 64 FR 44101, 3 CFR, 1999 Comp., p.

302.

8. The authority citation for part 746

continues to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50

U.S.C. 1701 et seq.; 22 U.S.C. 287c; 22 U.S.C.

6004; E.O. 12854, 58 FR 36587, 3 CFR 1993

Comp., p. 614; E.O. 12918, 59 FR 28205, 3

CFR, 1994 Comp., p. 899; E.O. 12924, 59 FR

43437, 3 CFR, 1994 Comp., p.917; E.O.

13088, 63 FR 32109, 3 CFR, 1998 Comp., p.

191; E.O. 13121 of April 30, 1999, 64 FR

24021 (May 5, 1999); Notice of August 10,

1999, 64 FR 44101, 3 CFR, 1999 Comp., p.

302.

9. The authority citation for part 758

is revised to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50

U.S.C. 1701 et seq.; E.O. 12924, 59 FR 43437,

3 CFR, 1994 Comp., p. 917; Notice of August

10, 1999, 64 FR 44101, 3 CFR, 1999 Comp.,

p. 302.

10. The authority citation for 15 CFR

part 774 continues to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.

7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C.

287c, 22 U.S.C. 3201 et seq., 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; E.O. 12924, 59 FR

43437, 3 CFR, 1994 Comp., p. 917; E.O.

13026, 61 FR 58767, 3 CFR, 1996 Comp., p.

228; Notice of August 10, 1999, 64 FR 44101,

3 CFR, 1999 Comp., p. 302.

PART 730—[AMENDED]

11. Supplement No. 3 to Part 730 is

amended by removing the next to last

entry entitled ‘‘Prohibition of Movement

of American Carriers and Prohibition on

Transportation of Goods Destined for

North Korea’’.

38150 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

PART 732—[AMENDED]

12. Section 732.1 is amended:

a. By revising the phrase ‘‘Libya, and

North Korea.’’ in the next to last

sentence of paragraph (d)(2) to read

‘‘and Libya.’’; and

b. By revising the phrase ‘‘Libya, and

North Korea’’ in the last sentence of

paragraph (d)(3) to read ‘‘and Libya’’.

§ 732.2 [Amended]

13. Section 732.2 is amended by

revising the phrase ‘‘North Korea,

Libya,’’ in paragraph (f)(1)(i) to read

‘‘Libya,’’.

§ 732.3 [Amended]

14. Section 732.3 is amended:

a. By revising the phrase ‘‘Libya, and

North Korea;’’ in the first sentence of

paragraph (d)(4) to read ‘‘and Libya;’’;

b. By revising the phrase ‘‘Libya,

North Korea,’’ in the first sentence of

paragraph (f)(1)(i) to read ‘‘Libya,’’; and

c. By revising the phrase ‘‘Libya,

North Korea,’’ in the first sentence of the

introductory text of paragraph (i) to read

‘‘Libya,’’.

PART 736—[AMENDED]

15. Section 736.2 is amended by

revising the phrase ‘‘Cuba, North Korea,

Libya,’’ in paragraph (b)(3)(i) to read

‘‘Cuba, Libya,’’.

PART 738—[AMENDED]

16. Section 738.3 is amended by

revising the phrase ‘‘ECCNs 0A988,

0A989, 0B986, 1C355, 1C995, 2A994,

2D994, and 2E994’’ in paragraph

(a)(2)(ii) to read ‘‘ECCNs 0A988, 0A989,

0A999, 0B986, 0B999, 0D999, 1A999,

1B999, 1C355, 1C995, 1C998, 1C999,

1D999, 2A994, 2A999, 2B999, 2D994,

2E994, 3A999, and 6A999’’.

17. Supplement No. 1 to Part 738 is

amended by revising the entry for

‘‘Korea, North’’ to read as follows:

Supplement No. 1 to Part 738—

COMMERCE COUNTRY CHART

* * * * *

COMMERCE COUNTRY CHART

[Reason for control]

Countries

Chemical & biological weaponsNuclear

nonproliferation

National securityMissile

tech

Regional

stability

Firearms

convention

Crime control Anti-terrorism

CB

1

CB

2

CB

3 NP

1

NP

2

NS

1

NS

2 MT

1

RS

1

RS

2 FC

1

CC

1

CC

2

CC

3 AT

1

AT

2

Korea, North ..................... X X X X X X X X X X ........ X X X X X

* * * * *

PART 740—[AMENDED]

§ 740.5 [Amended]

18. Section 740.5 is amended by

revising the phrase ‘‘Country Group

D:1.’’ to read ‘‘Country Group D:1,

except North Korea.’’.

§ 740.9 [Amended]

19. Section 740.9 is amended:

a. By revising the phrase ‘‘Cuba or

North Korea’’ in the second sentence of

paragraph (b)(2)(i) to read ‘‘Cuba’’;

b. By revising the phrase ‘‘Cuba,

Libya, or North Korea.’’ in the last

sentence of paragraph (b)(3) to read

‘‘Cuba or Libya.’’; and

c. By revising the phrase ‘‘Cuba,

Libya, or North Korea;’’ in paragraph

(b)(4)(i) to read ‘‘Cuba or Libya;’’.

§ 740.10 [Amended]

20. Section 740.10 is amended:

a. By revising the phrase ‘‘except the

PRC’’ in the heading of paragraph

(b)(2)(iii) to read ‘‘except the PRC and

North Korea’’; and

b. By revising the phrase ‘‘(except the

People’s Republic of China (PRC))’’ in

paragraph (b)(2)(iii) to read ‘‘(except the

People’s Republic of China (PRC) and

North Korea)’’

§ 740.15 [Amended]

21. Section 740.15 is amended:

a. By revising the phrase ‘‘Cuba, or

North Korea,’’ in the first sentence of

paragraph (b)(1) to read ‘‘Cuba,’’;

b. By revising the phrase ‘‘Country

Group D:1 or North Korea’’ in the

second sentence of paragraph (b)(1) to

read ‘‘Country Group D:1’’;

c. By revising the phrase ‘‘Cuba,

Libya, or North Korea,’’ in paragraph

(b)(2) to read ‘‘Cuba, or Libya,’’; and

d. By revising the phrase ‘‘Cuba,

North Korea or’’ in paragraphs (c)(1),

(c)(2) introductory text and (c)(2)(ii) to

read ‘‘Cuba or’’.

§ 740.16 [Amended]

22. Section 740.16 is amended by

revising the phrase ‘‘Cambodia or Laos’’

in paragraph (a)(3)(ii) to read

‘‘Cambodia, Laos, or North Korea’’.

23. Supplement No. 1 to part 740 is

amended:

a. By revising the entry for ‘‘Korea,

North’’ in Country Group D; and

b. By revising Country Group E to

read as follows:

Supplement No. 1 to Part 740

* * * * *

COUNTRY GROUP D

Country

[D:1]

National security

[D:2]

Nuclear

[D:3]

Chemical &

biological

[D:4]

Missile

technology

*******

Korea, North ............................................................................................................. X X X X1

* * * * *

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38151

COUNTRY GROUP E

Country [E:1]

UN embargo

[E:2]

Unilateral embargo

Angola .............................................................................................................................................. X

Cuba ................................................................................................................................................ X

Iraq ................................................................................................................................................... X

Libya ................................................................................................................................................ X X

Rwanda ............................................................................................................................................ X

Serbia and Montenegro ................................................................................................................... X

PART 742—[AMENDED]

§ 742.1 [Amended]

24. Section 742.1 is amended:

a. By removing the third sentence of

paragraph (a);

b. By removing the phrase ‘‘North

Korea,’’ from the heading of paragraph

(c) and the first sentence of paragraph

(c);

c. By revising the phrase ‘‘Iran, Syria’’

in the first sentence of paragraph (d) to

read ‘‘Iran, North Korea, Syria’’; and

d. By revising the phrase ‘‘Iraq and

North Korea,’’ in the last sentence of

paragraph (d) to read ‘‘and Iraq,’.

§ 740.12 [Amended]

25. Section 742.12 is amended by

revising the phrase ‘‘for North Korea see

§ 746.5.’’ in paragraph (b)(4)(ii) to read

‘‘for North Korea see § 742.19(b).’’.

26. Part 742 is revised by adding new

§ 742.19 to read as follows:

§ 742.19 Anti-terrorism: North Korea

(a) License requirements. (1) All items

on the Commerce Control List (CCL)

(i.e., with a designation other than EAR

99) require a license for export or

reexport to North Korea, except ECCNs

0A988 and 0A989. This includes all

items controlled for AT reasons,

including any item on the CCL

containing AT column 1 or AT column

2 in the Country Chart column of the

License Requirements section of an

ECCN; and ECCNS 0A986, 0A999,

0B986, 0B999, 0D999, 1A999, 1B999,

1C995, 1C999, 1D999, 2A994, 2B994,

2C994, 2A999, 2B999, 3A999, and

6A999.

(2) The Secretary of State has

designated North Korea as a country

whose Government has repeatedly

provided support for acts of

international terrorism.

(3) In support of U.S. foreign policy

on terrorism-supporting countries, BXA

maintains two types of anti-terrorism

controls on the export and reexport of

items described in Supplement 2 to part

742.

(i) Items described in paragraphs

(c)(1) through (c)(5) of Supplement No.

2 to part 742 are controlled under

section 6(j) of the Export Administration

Act, as amended (EAA), if destined to

military, police, intelligence or other

sensitive end-users.

(ii) Items described in paragraphs

(c)(1) through (c)(5) of Supplement No.

2 to part 742 destined to non-sensitive

end-users, as well as items described in

paragraph (c)(6) through (c)(44) to all

end-users, are controlled to North Korea

under section 6(a) of the EAA. (See

Supplement No. 2 to part 742 for more

information on items controlled under

sections 6(a) and 6(j) of the EAA and

§ 750.6 of the EAR for procedures for

processing license applications for items

controlled under EAA section 6(j).)

(b) Licensing policy. (1) Applications

for export and reexport to all end-users

in North Korea of the following items

will generally be denied:

(i) Items controlled for chemical and

biological weapons proliferation reasons

to any destination. These items contain

CB Column 1, CB Column 2, or CB

Column 3 in the Country Chart column

of the ‘‘License Requirements’’ section

of an ECCN on the CCL.

(ii) Items controlled for missile

proliferation reasons to any destination.

These items have an MT Column 1 in

the Country Chart column of the

‘‘License Requirements’’ section of an

ECCN on the CCL.

(iii) Items controlled for nuclear

weapons proliferation reasons to any

destination. These items contain NP

Column 1 or NP Column 2 in the

Country Chart column of the ‘‘License

Requirements’’ section of an ECCN on

the CCL.

(iv) Items controlled for national

security reasons to any destination.

These items contain NS Column 1 or NS

Column 2 in the Country Chart column

of the ‘‘License Requirements’’ section

of an ECCN on the CCL.

(v) Military-related items controlled

for national security reasons to any

destination. These items contain NS

Column 1 in the Country Chart column

of the ‘‘License Requirements’’ section

in an ECCN on the CCL and are

controlled by equipment or material

entries ending in the number ‘‘18.’’

(vi) All aircraft (powered and

unpowered), helicopters, engines, and

related spare parts and components.

Such items contain an NS Column 1, NS

Column 2, MT Column 1, or AT Column

1 in the Country Chart column of the

‘‘License Requirements’’ section of an

ECCN on the CCL.

(vii) Cryptographic, cryptoanalytic,

and crypto-logic items controlled any

destination. These are items that contain

an NS Column 1, NS Column 2, AT

Column 1 or AT Column 2 in the

Country Chart column of the ‘‘License

Requirements’’ section of an ECCN on

the CCL.

(viii) Submersible systems controlled

under ECCN 8A992.

(ix) Scuba gear and related equipment

controlled under ECCN 8A992.

(x) Pressurized aircraft breathing

equipment controlled under ECCN

9A991.

(xi) Explosive device detectors

controlled under ECCN 2A993.

(xii) Commercial charges and devices

controlled under ECCN 1C992.

(xiii) Computer numerically

controlled machine tools controlled

under ECCN 2B991.

(xiv) Aircraft skin and spar milling

machines controlled under ECCN

2B991.

(xv) Semiconductor manufacturing

equipment controlled under ECCN

3B991.

(xvi) Digital computers with a CTP

above 2000.

(xvii) Microprocessors with a CTP of

550 or above.

(2) Applications for export and

reexport to North Korea of all other

items described in paragraph (a) of this

section, and not described by paragraph

(b)(1) of this section, will generally be

denied if the export or reexport is

destined to a military end-user or for

military end-use. Applications for nonmilitary end-users or for non-military

end-uses will be considered on a caseby-case basis.

(3) Applications for export and

reexport to North Korea of items

described in paragraphs (c)(12), (c)(24),

(c)(34), (c)(37), (c)(38), and (c)(44) of

Supplement No. 2 to part 742 will

generally be denied if the export or

reexport is destined to nuclear endVerDate 11<MAY>2000 16:36 Jun 16, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM pfrm08 PsN: 19JNR3
38152 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

users or nuclear end-uses. Applications

for non-nuclear end-users or for nonnuclear end-uses, excluding items

described in (c)(24)(iv)(A) of

Supplement No. 2 to part 742, will be

considered on a case-by-case basis.

(4) License applications for items

reviewed under section 6(a) controls

will also be reviewed to determine the

applicability of section 6(j) controls to

the transaction. When it is determined

that an export or reexport could make a

significant contribution to the military

potential of North Korea, including its

military logistics capability, or could

enhance North Korea’s ability to support

acts of international terrorism, the

Secretaries of State and Commerce will

notify the Congress 30 days prior to

issuance of a license.

27. Supplement No. 2 to Part 742 is

revised to read as follows:

Supplement No. 2 to Part 742—AntiTerrorism Controls: Iran, North Korea,

Syria and Sudan Contract Sanctity

Dates and Related Policies

Note: Exports and reexports of items in

performance of contracts entered into before

the applicable contract sanctity date(s) will

be eligible for review on a case-by-case basis

or other applicable licensing policies that

were in effect prior to the contract sanctity

date. The contract sanctity dates set forth in

this Supplement are for the guidance of

exporters. Contract sanctity dates are

established in the course of the imposition of

foreign policy controls on specific items and

are the relevant dates for the purpose of

licensing determinations involving such

items. If you believe that a specific contract

sanctity date is applicable to your

transaction, you should include all relevant

information with your license application.

BXA will determine any applicable contract

sanctity date at the time an application with

relevant supporting documents is submitted.

(a) Terrorist-supporting countries. The

Secretary of State has designated Cuba,

Iran, Iraq, Libya, North Korea, Sudan,

and Syria as countries whose

governments have repeatedly provided

support for acts of international

terrorism under section 6(j) of the

Export Administration Act (EAA).

(b) Items controlled under EAA

sections 6(j) and 6(a). Whenever the

Secretary of State determines that an

export or reexport to any of these

countries could make a significant

contribution to the military potential of

such country, including its military

logistics capability, or could enhance

the ability of such country to support

acts of international terrorism, the item

is subject to mandatory control under

EAA section 6(j) and the Secretaries of

Commerce and State are required to

notify appropriate Committees of the

Congress 30 days before a license for

such an item may be issued.

(1) On December 28, 1993, the

Secretary of State determined that the

export to Cuba, Libya, Iran, Iraq, North

Korea, Sudan, or Syria of items

described in paragraphs (c)(1) through

(c)(5) of this Supplement, if destined to

military, police, intelligence or other

sensitive end-users, are controlled

under EAA section 6(j). Therefore, the

30-day advance Congressional

notification requirement applies to the

export or reexport of these items to

sensitive end-users in any of these

countries.

(2) License applications for items

controlled to designated terroristsupporting countries under EAA section

6(a) will also be reviewed to determine

whether the Congressional notification

requirements of EAA section 6(j) apply.

(3) Items controlled for anti-terrorism

reasons under section 6(a) to Iran, North

Korea, Sudan, and Syria are:

(i) Items described in paragraphs

(c)(1) through (c)(5) to non-sensitive

end-users, and

(ii) The following items to all endusers: for Iran, items in paragraphs (c)(6)

through (c)(42) of this Supplement; for

North Korea, items in paragraph (c)(6)

through (c)(44) of this Supplement; for

Sudan, items in paragraphs (c)(6)

through (c)(14), and (c)(16) through

(c)(42) of this Supplement; and for

Syria, items in paragraphs (c)(6) through

(c)(8), (c)(10) through (c)(14), (c)(16)

through (c)(19), and (c)(22) through

(c)(42) of this Supplement.

(c) The license requirements and

licensing policies for items controlled

for anti-terrorism reasons to Iran, Syria,

Sudan, and North Korea are generally

described in §§ 742.8, 742.9, 742.10, and

742.19 of this part, respectively. This

Supplement provides guidance on

licensing policies for Iran, North Korea,

Syria, and Sudan and related contract

sanctity dates that may be available for

transactions benefitting from preexisting contracts involving Iran, Syria,

and Sudan. Exporters are advised that

the Treasury Department’s Office of

Foreign Assets Control administers a

comprehensive trade and investment

embargo against Iran (See Executive

Orders 12957, 12959 and 13059 of

March 15, 1995, May 6, 1995 and

August 19, 1997, respectively.)

Exporters are further advised that

exports and reexports to Iran of items

that are listed on the CCL as requiring

a license for national security or foreign

policy reasons are subject to a policy of

denial under the Iran-Iraq Arms NonProliferation Act of October 23, 1992 (50

U.S.C. 1701 note (1994)). Transactions

involving Iran and benefitting from a

contract that pre-dates October 23, 1992

may be considered under the applicable

licensing policy in effect prior to that

date.

(1) All items subject to national

security controls.

(i) Iran. Applications for all end-users

in Iran will generally be denied.

(A) Contract sanctity date for military

end-users or end-uses of items valued at

$7 million or more: January 23, 1984.

(B) Contract sanctity date for military

end-users or end-uses of all other

national security controlled items:

September 28, 1984.

(C) Contract sanctity date for nonmilitary end-users or end-uses: August

28, 1991, unless otherwise specified in

paragraphs (c)(2) through (c)(42) of this

Supplement.

(ii) Syria. Applications for military

end-users or military end-uses in Syria

will generally be denied. Applications

for non-military end-users or end-uses

will be considered on a case-by-case

basis, unless otherwise specified in

paragraphs (c)(2) through (c)(42) of this

Supplement. No contract sanctity date is

available for items valued at $7 million

or more to military end-users or enduses. The contract sanctity date for all

other items for all end-users: December

16, 1986.

(iii) Sudan. Applications for military

end-users or military end-uses in Sudan

will generally be denied. Applications

for non-military end-users or end-uses

will be considered on a case-by-case

basis unless otherwise specified in

paragraphs (c)(2) through (c)(42) of this

Supplement. Contract sanctity date:

January 19, 1996, unless a prior contract

sanctity date applies (e.g., items first

controlled to Sudan for foreign policy

reasons under EAA section 6(j) have a

contract sanctity date of December 28,

1993).

(iv) North Korea. Applications for all

end-users in North Korea of such

equipment will generally be denied.

(2) All items subject to chemical and

biological weapons proliferation

controls. Applications for all end-users

in Iran, North Korea, Syria, or Sudan of

these items will generally be denied.

See Supplement No. 1 to part 742 for

contract sanctity dates for Iran and

Syria. Contract sanctity date for Sudan:

January 19, 1996, unless a prior contract

sanctity date applies (e.g., items first

controlled to Sudan for foreign policy

reasons under EAA section 6(j) have a

contract sanctity date of December 28,

1993), or unless an earlier date for any

item is listed in Supplement 1 to part

742.

(3) All items subject to missile

proliferation controls (MTCR).

Applications for all end-users in Iran,

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38153

North Korea, Syria, or Sudan will

generally be denied. Contract sanctity

provisions for Iran and Syria are not

available. Contract sanctity date for

Sudan: January 19, 1996, unless a prior

contract sanctity date applies (e.g., items

first controlled to Sudan for foreign

policy reasons under EAA section 6(j)

have a contract sanctity date of

December 28, 1993).

(4) All items subject to nuclear

weapons proliferation controls (NRL).

(i) Iran. Applications for all end-users

in Iran will generally be denied. No

contract sanctity date is available.

(ii) Syria. Applications for military

end-users or end-uses to Syria will

generally be denied. Applications for

non-military end-users or end-uses will

be considered on a case-by-case basis

unless otherwise specified in

paragraphs (c)(2) through (c)(42) of this

Supplement. No contract sanctity date is

available.

(iii) Sudan. Applications for military

end-users or end-uses in Sudan will

generally be denied. Applications for

export and reexport to non-military endusers or end-uses will be considered on

a case-by-case basis unless otherwise

specified in paragraphs (c)(2) through

(c)(42) of this Supplement. No contract

sanctity date is available.

(iv) North Korea. Applications for all

end-users in North Korea will generally

be denied.

(5) All military-related items, i.e.,

applications for export and reexport of

items controlled by CCL entries ending

with the number ‘‘18’’. 

(i) Iran. Applications for all end-users

in Iran will generally be denied.

Contract sanctity date: see paragraph

(c)(1)(i) of this Supplement.

(ii) Syria. Applications for all endusers in Syria will generally be denied.

Contract sanctity date: see paragraph

(c)(1)(ii) of this Supplement.

(iii) Sudan. Applications for all endusers in Sudan will generally be denied.

Contract sanctity date for Sudan:

January 19, 1996, unless a prior contract

sanctity date applies (e.g., items first

controlled to Sudan for foreign policy

reasons under EAA section 6(j) have a

contract sanctity date of December 28,

1993).

(iv) North Korea. Applications for all

end-users in North Korea will generally

be denied.

(6) All aircraft (powered and

unpowered), helicopters, engines, and

related spare parts and components.

(i) Iran. Applications for all end-users

in Iran will generally be denied.

(A) Contract sanctity date for

helicopters exceeding 10,000 lbs. empty

weight or fixed wing aircraft valued at

$3 million or more: January 23, 1984.

(B) Contract sanctity date for other

helicopters and aircraft and gas turbine

engines therefor: September 28, 1984.

(C) Contract sanctity date for

helicopter or aircraft parts and

components controlled by 9A991.d:

October 22, 1987.

(ii) Syria. Applications for all endusers in Syria will generally be denied.

(A) There is no contract sanctity for

helicopters exceeding 10,000 lbs. empty

weight or fixed wing aircraft valued at

$3 million or more; except that

passenger aircraft, regardless of value,

have a contract sanctity date of

December 16, 1986, if destined for a

regularly scheduled airline with

assurance against military use.

(B) Contract sanctity date for

helicopters with 10,000 lbs. empty

weight or less: April 28, 1986.

(C) Contract sanctity date for other

aircraft and gas turbine engines therefor:

December 16, 1986.

(D) Contract sanctity date for

helicopter or aircraft parts and

components controlled by ECCN

9A991.d: August 28, 1991.

(iii) Sudan. Applications for all endusers in Sudan will generally be denied.

Contract sanctity date: January 19, 1996.

(iv) North Korea. Applications for all

end-users in North Korea will generally

be denied.

(7) Heavy duty, on-highway tractors.

(i) Iran. Applications for all end-users

in Iran will generally be denied.

Contract sanctity date: August 28, 1991.

(ii) Syria. Applications for military

end-users or for military end-uses in

Syria will generally be denied.

Applications for non-military end-users

or for non-military end-uses in Syria

will be considered on a case-by-case

basis. Contract sanctity date: August 28,

1991.

(iii) Sudan. Applications for military

end-users or for military end-uses in

Sudan will generally be denied.

Applications for non-military end-users

or for non-military end-uses in Sudan

will be considered on a case-by-case

basis. Contract sanctity date: January 19,

1996.

(iv) North Korea. Applications for

military end-users or for military enduses in North Korea will generally be

denied. Applications for non-military

end-users or for non-military end-uses

in North Korea will be considered on a

case-by-case basis.

(8) Off-highway wheel tractors of

carriage capacity 9t (10 tons) or more.

(i) Iran. Applications for all end-users

in Iran will generally be denied.

Contract sanctity date: October 22, 1987.

(ii) Syria. Applications for military

end-users or for military end-uses in

Syria will generally be denied.

Applications for non-military end-users

or for non-military end-uses in Syria

will be considered on a case-by-case

basis. Contract sanctity date: August 28,

1991.

(iii) Sudan. Applications for military

end-users or for military end-uses in

Sudan will generally be denied.

Applications for non-military end-users

or for non-military end-uses in Sudan

will be considered on a case-by-case

basis. Contract sanctity date: January 19,

1996.

(iv) North Korea. Applications for

military end-users or for military enduses in North Korea will generally be

denied. Applications for non-military

end-users or for non-military end-uses

in North Korea will be considered on a

case-by-case basis.

(9) Large diesel engines (greater than

400 horsepower) and parts to power

tank transporters.

(i) Iran. Applications for all end-users

in Iran will generally be denied.

Contract sanctity date: October 22, 1987.

(ii) Sudan. Applications for military

end-users or for military end-uses in

Sudan will generally be denied.

Applications for non-military end-users

or for non-military end-uses in Sudan

will be considered on a case-by-case

basis. Contract sanctity date: January 19,

1996.

(iii) North Korea. Applications for

military end-users or for military enduses in North Korea will generally be

denied. Applications for non-military

end-users or for non-military end-uses

in North Korea will be considered on a

case-by-case basis.

(10) Cryptographic, cryptoanalytic,

and cryptologic equipment.

(i) Iran. Applications for all end-users

in Iran will generally be denied.

(A) Contract sanctity date for military

end-users or end-uses of cryptographic,

cryptoanalytic, and cryptologic

equipment that was subject to national

security controls on October 22, 1987:

see paragraph (c)(1)(i) of this

Supplement.

(B) Contract sanctity date for all other

cryptographic, cryptoanalytic, and

cryptologic equipment for all end-users:

October 22, 1987.

(ii) Syria. A license is required for all

national security-controlled

cryptographic, cryptoanalytic, and

cryptologic equipment to all end-users.

Applications for all end-users in Syria

will generally be denied. Contract

sanctity date for cryptographic,

cryptoanalytic, and cryptologic

equipment that was subject to national

security controls on August 28, 1991:

see paragraph (c)(1)(ii) of this

Supplement.

38154 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

(iii) Sudan. Applications for all endusers in Sudan of any such equipment

will generally be denied. Contract

sanctity date for Sudan: January 19,

1996, unless a prior contract sanctity

date applies (e.g., items first controlled

to Sudan for foreign policy reasons

under EAA section 6(j) have a contract

sanctity date of December 28, 1993).

(iv) North Korea. Applications for all

end-users in North Korea of any such

equipment will generally be denied.

(11) Navigation, direction finding, and

radar equipment.

(i) Iran. Applications for all end-users

in Iran will generally be denied.

(A) Contract sanctity date for military

end-users or end-uses of navigation,

direction finding, and radar equipment

that was subject to national security

controls on August 28, 1991: see

paragraph (c)(1)(i) of this Supplement.

(B) Contract sanctity date for all other

navigation, direction finding, and radar

equipment for all end-users: October 22,

1987.

(ii) Syria. Applications for military

end-users or for military end-uses in

Syria of such equipment will generally

be denied. Applications for non-military

end-users or for non-military end-uses

in Syria will be considered on a caseby-case basis.

(A) Contract sanctity date for exports

of navigation, direction finding, and

radar equipment that was subject to

national security controls on August 28,

1991: see paragraph (c)(1)(ii) of this

Supplement.

(B) Contract sanctity date for all other

navigation, direction finding, and radar

equipment: August 28, 1991.

(iii) Sudan. Applications for military

end-users or for military end-uses in

Sudan of such equipment will generally

be denied. Applications for non-military

end-users or for non-military end-uses

in Sudan of such equipment will be

considered on a case-by-case basis.

Contract sanctity date for Sudan:

January 19, 1996, unless a prior contract

sanctity date applies (e.g., items first

controlled to Sudan for foreign policy

reasons under EAA section 6(j) have a

contract sanctity date of December 28,

1993).

(iv) North Korea. Applications for

military end-users or for military enduses in North Korea of such equipment

will generally be denied. Applications

for non-military end-users or for nonmilitary end-uses in North Korea will be

considered on a case-by-case basis.

(12) Electronic test equipment.

(i) Iran. Applications for all end-users

in Iran will generally be denied.

(A) Contract sanctity date for military

end-users or end-uses of electronic test

equipment that was subject to national

security controls on October 22, 1987:

see paragraph (c)(1)(i) of this

Supplement.

(B) Contract sanctity date for all other

electronic test equipment for all endusers: October 22, 1987.

(ii) Syria. Applications for military

end-users or for military end-uses in

Syria of such equipment will generally

be denied. Applications for non-military

end-users or for non-military end-uses

in Syria will be considered on a caseby-case basis.

(A) Contract sanctity date for

electronic test equipment that was

subject to national security controls on

August 28, 1991: see paragraph (c)(1)(ii)

of this Supplement.

(B) Contract sanctity date for all other

electronic test equipment: August 28,

1991.

(iii) Sudan. Applications for military

end-users or for military end-uses in

Sudan of such equipment will generally

be denied. Applications for non-military

end-users or for non-military end-uses

in Sudan will be considered on a caseby-case basis. Contract sanctity date for

Sudan: January 19, 1996, unless a prior

contract sanctity date applies (e.g., items

first controlled to Sudan for foreign

policy reasons under EAA section 6(j)

have a contract sanctity date of

December 28, 1993).

(iv) North Korea. Applications for

military end-users or for military enduses, or for nuclear end-users or nuclear

end-uses, in North Korea of such

equipment will generally be denied.

Applications for non-military end-users

or for non-military end-uses, or for nonnuclear end-users or non-nuclear enduses, in North Korea will be considered

on a case-by-case basis.

(13) Mobile communications

equipment.

(i) Iran. Applications for all end-users

in Iran of such equipment will generally

be denied.

(A) Contract sanctity date for military

end-users or end-uses of mobile

communications equipment that was

subject to national security controls on

October 22, 1987: see paragraph (c)(1)(i)

of this Supplement.

(B) Contract sanctity date for all endusers of all other mobile

communications equipment: October

22, 1987.

(ii) Syria. Applications for military

end-users or for military end-uses in

Syria of such equipment will generally

be denied. Applications for non-military

end-users or for non-military end-uses

in Syria will be considered on a caseby-case basis.

(A) Contract sanctity date for mobile

communications equipment that was

subject to national security controls on

August 28, 1991: see paragraph (c)(1)(ii)

of this Supplement.

(B) Contract sanctity date for exports

of all other mobile communications

equipment: August 28, 1991.

(iii) Sudan. Applications for military

end-users or for military end-uses in

Sudan of such equipment will generally

be denied. Applications for non-military

end-users or for non-military end-uses

in Sudan of such equipment will be

considered on a case-by-case basis.

Contract sanctity date for Sudan:

January 19, 1996, unless a prior contract

sanctity date applies (e.g., items first

controlled to Sudan for foreign policy

reasons under EAA section 6(j) have a

contract sanctity date of December 28,

1993).

(iv) North Korea. Applications for

military end-users or for military enduses in North Korea of such equipment

will generally be denied. Applications

for non-military end-users or for nonmilitary end-uses in North Korea will be

considered on a case-by-case basis.

(14) Acoustic underwater detection

equipment.

(i) Iran. Applications for all end-users

in Iran of such equipment will generally

be denied.

(A) Contract sanctity date for military

end-users or end-uses of acoustic

underwater detection equipment that

was subject to national security controls

on October 22, 1987: see paragraph

(c)(1)(i) of this Supplement.

(B) Contract sanctity date for all other

acoustic underwater detection

equipment for all end-users: October 22,

1987.

(ii) Syria. A license is required for

acoustic underwater detection

equipment that was subject to national

security controls on August 28, 1991, to

all end-users. Applications for military

end-users or for military end-uses in

Syria will generally be denied.

Applications for non-military end-users

or for non-military end-uses in Syria

will be considered on a case-by-case

basis. Contract sanctity date for acoustic

underwater detection equipment that

was subject to national security controls

on August 28, 1991: see paragraph

(c)(1)(ii) of this Supplement.

(iii) Sudan. Applications for military

end-users or for military end-uses to

Sudan of such equipment will generally

be denied. Applications for non-military

end-users or for non-military end-uses

in Sudan will be considered on a caseby-case basis. Contract sanctity date for

Sudan: January 19, 1996, unless a prior

contract sanctity date applies (e.g., items

first controlled to Sudan for foreign

policy reasons under EAA section 6(j)

have a contract sanctity date of

December 28, 1993).

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38155

(iv) North Korea. Applications for

military end-users or for military enduses in North Korea of such equipment

of these items will generally be denied.

Applications for non-military end-users

or for non-military end-uses in North

Korea of such equipment will be

considered on a case-by-case basis.

(15) Portable electric power

generators.

(i) Iran. Applications for all end-users

in Iran of such equipment will generally

be denied. Contract sanctity date:

October 22, 1987.

(ii) North Korea. Applications for

military end-users or for military enduses in North Korea of such equipment

will generally be denied. Applications

for non-military end-users or for nonmilitary end-uses in North Korea of

such equipment will be considered on

a case-by-case basis.

(16) Vessels and boats, including

inflatable boats.

(i) Iran. Applications for all end-users

in Iran of these items will generally be

denied.

(A) Contract sanctity date for military

end-users or end-uses of vessels and

boats that were subject to national

security controls on October 22, 1987:

see paragraph (c)(1)(i) of this

Supplement.

(B) Contract sanctity date for all other

vessels and boats for all end-users:

October 22, 1987.

(ii) Syria. A license is required for

national security-controlled vessels and

boats. Applications for military endusers or for military end-uses in Syria of

these items will generally be denied.

Applications for non-military end-users

or for non-military end-uses in Syria

will be considered on a case-by-case

basis. Contract sanctity date for vessels

and boats that were subject to national

security controls on August 28, 1991:

see paragraph (c)(1)(ii) of this

Supplement.

(iii) Sudan. Applications for military

end-users or for military end-uses in

Sudan of these items will generally be

denied. Applications for non-military

end-users or for non-military end-uses

in Sudan will be considered on a caseby-case basis. Contract sanctity date for

Sudan: January 19, 1996, unless a prior

contract sanctity date applies (e.g., items

first controlled to Sudan for foreign

policy reasons under EAA section 6(j)

have a contract sanctity date of

December 28, 1993).

(iv) North Korea. Applications for

military end-users or for military enduses in North Korea of these items will

generally be denied. Applications for

non-military end-users or for nonmilitary end-uses in North Korea of

these items will be considered on a

case-by-case basis.

(17) Marine and submarine engines

(outboard/inboard, regardless of

horsepower).

(i) Iran. Applications for all end-users

in Iran of these items will generally be

denied.

(A) Contract sanctity date for military

end-users or end-uses of marine and

submarine engines that were subject to

national security controls on October

22, 1987: see paragraph (c)(1)(i) of this

Supplement.

(B) Contract sanctity date for outboard

engines of 45 HP or more for all endusers: September 28, 1984.

(C) Contract sanctity date for all other

marine and submarine engines for all

end-users: October 22, 1987.

(ii) Syria. A license is required for all

marine and submarine engines subject

to national security controls to all endusers. Applications for military endusers or for military end-uses in Syria of

these items will generally be denied.

Applications for non-military end-users

or for non-military end-uses in Syria

will be considered on a case-by-case

basis. Contract sanctity date for marine

and submarine engines that were subject

to national security controls on August

28, 1991: see paragraph (c)(1)(ii) of this

Supplement.

(iii) Sudan. Applications for military

end-users or for military end-uses in

Sudan of these items will generally be

denied. Applications for non-military

end-users or for non-military end-uses

in Sudan will be considered on a caseby-case basis. Contract sanctity date for

Sudan: January 19, 1996, unless a prior

contract sanctity date applies (e.g., items

first controlled to Sudan for foreign

policy reasons under EAA section 6(j)

have a contract sanctity date of

December 28, 1993).

(iv) North Korea. Applications for

military end-users or for military enduses in North Korea of these items will

generally be denied. Applications for

non-military end-users or for nonmilitary end-uses in North Korea of

these items will be considered on a

case-by-case basis.

(18) Underwater photographic

equipment.

(i) Iran. Applications for all end-users

in Iran of such equipment will generally

be denied.

(A) Contract sanctity date for military

end-users or end-uses of underwater

photographic equipment that was

subject to national security controls on

October 22, 1987: see paragraph (c)(1)(i)

of this Supplement.

(B) Contract sanctity date for all other

underwater photographic equipment for

all end-users: October 22, 1987.

(ii) Syria. Applications for military

end-users or for military end-uses in

Syria of such equipment will generally

be denied. Applications for non-military

end-users or for non-military end-uses

in Syria will be considered on a caseby-case basis.

(A) Contract sanctity date for

underwater photographic equipment

that was subject to national security

controls on August 28, 1991: see

paragraph (c)(1)(ii) of this Supplement.

(B) Contract sanctity date for all other

underwater photographic equipment:

August 28, 1991.

(iii) Sudan. Applications for military

end-users or for military end-uses in

Sudan of such equipment will generally

be denied. Applications for non-military

end-users or for non-military end-uses

in Sudan will be considered on a caseby-case basis. Contract sanctity date for

Sudan: January 19, 1996, unless a prior

contract sanctity date applies (e.g., items

first controlled to Sudan for foreign

policy reasons under EAA section 6(j)

have a contract sanctity date of

December 28, 1993).

(iv) North Korea. Applications for all

end-users in North Korea of such

equipment will generally be denied.

(19) Submersible systems.

(i) Iran. Applications for all end-users

in Iran of such systems will generally be

denied.

(A) Contract sanctity date for military

end-users or end-uses of submersible

systems that were subject to national

security controls on October 22, 1987:

see paragraph (c)(1)(i) of this

Supplement.

(B) Contract sanctity date for all other

submersible systems for all end-users:

October 22, 1987.

(ii) Syria. Applications for military

end-users or for military end-uses in

Syria of such systems will generally be

denied. Applications for non-military

end-users or for non-military end-uses

in Syria will be considered on a caseby-case basis.

(A) Contract sanctity date for

submersible systems that were subject to

national security controls on August 28,

1991: see paragraph (c)(1)(ii) of this

Supplement.

(B) Contract sanctity date for all other

submersible systems: August 28, 1991.

(iii) Sudan. Applications for military

end-users or for military end-uses in

Sudan of such systems will generally be

denied. Applications for non-military

end-users or for non-military end-uses

in Sudan will be considered on a caseby-case basis. Contract sanctity date for

Sudan: January 19, 1996, unless a prior

contract sanctity date applies(e.g., items

first controlled to Sudan for foreign

policy reasons under EAA section 6(j)

38156 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

have a contract sanctity date of

December 28, 1993).

(iv) North Korea. Applications for all

end-users in North Korea of such

equipment will generally be denied.

(20) Scuba gear and related

equipment.

(i) Iran. Applications for all end-users

in Iran of such equipment will generally

be denied. No contract sanctity is

available for such items to Iran.

(ii) Sudan. Applications for military

end-users and end-uses in Sudan of

these items will generally be denied.

Applications for non-military end-users

or for non-military end-uses in Sudan

will be considered on a case-by-case

basis. Contract sanctity date: January 19,

1996.

(iii) North Korea. Applications for all

end-users in North Korea of such

equipment will generally be denied.

(21) Pressurized aircraft breathing

equipment.

(i) Iran. Applications for all end-users

in Iran of such equipment will generally

be denied. Contract sanctity date:

October 22, 1987.

(ii) Sudan. Applications for military

end-users or for military end-uses in

Sudan of these items will generally be

denied. Applications for non-military

end-users or for non-military end-uses

in Sudan will be considered on a caseby-case basis. Contract sanctity date:

January 19, 1996.

(iii) North Korea. Applications for all

end-users in North Korea of such

equipment will generally be denied.

(22) Computer numerically controlled

machine tools.

(i) Iran. Applications for all end-users

in Iran of these items will generally be

denied.

(A) Contract sanctity date for military

end-users and end-uses of computer

numerically controlled machine tools

that were subject to national security

controls on August 28, 1991: see

paragraph (c)(1)(i) of this Supplement.

(B) Contract sanctity dates for all

other computer numerically controlled

machine tools for all end-users: August

28, 1991.

(ii) Syria. Applications for military

end-users or for military end-uses in

Syria of these items will generally be

denied. Applications for non-military

end-users or for non-military end-uses

will be considered on a case-by-case

basis.

(A) Contract sanctity date for

computer numerically controlled

machine tools that were subject to

national security controls on August 28,

1991: see paragraph (c)(1)(ii) of this

Supplement.

(B) Contract sanctity date for exports

of all other computer numerically

controlled machine tools: August 28,

1991.

(iii) Sudan. Applications for military

end-users or for military end-uses in

Sudan of these items will generally be

denied. Applications for non-military

end-users or for non-military end-uses

in Sudan will be considered on a caseby-case basis. Contract sanctity date for

Sudan: January 19, 1996, unless a prior

contract sanctity date applies (e.g., items

first controlled to Sudan for foreign

policy reasons under EAA section 6(j)

have a contract sanctity date of

December 28, 1993).

(iv) North Korea. Applications for all

end-users in North Korea of such

equipment will generally be denied.

(23) Vibration test equipment.

(i) Iran. Applications for all end-users

in Iran of such equipment will generally

be denied.

(A) Contract sanctity date for military

end-users and end-uses of vibration test

equipment that was subject to national

security controls on August 28, 1991:

see paragraph (c)(1)(i) of this

Supplement.

(B) Contract sanctity dates for all

other vibration test equipment for all

end-users: August 28, 1991.

(ii) Syria. Applications for military

end-users or for military end-uses in

Syria of such equipment will generally

be denied. Applications for non-military

end-users or for non-military end-uses

will be considered on a case-by-case

basis.

(A) Contract sanctity date for

vibration test equipment that was

subject to national security controls on

August 28, 1991: see paragraph (c)(1)(ii)

of this Supplement.

(B) Contract sanctity date for exports

of all other vibration test equipment:

August 28, 1991.

(iii) Sudan. Applications for military

end-users or for military end-uses in

Sudan of such equipment will generally

be denied. Applications for non-military

end-users or for non-military end-uses

in Sudan will be considered on a caseby-case basis. Contract sanctity date for

Sudan: January 19, 1996, unless a prior

contract sanctity date applies (e.g., items

first controlled to Sudan for foreign

policy reasons under EAA section 6(j)

have a contract sanctity date of

December 28, 1993).

(iv) North Korea. Applications for

military end-users or for military enduses in North Korea of these items will

generally be denied. Applications for

non-military end-users or for nonmilitary end-uses will be considered on

a case-by-case basis.

(24) Digital computers with a CTP of

6 or above, assemblies, related

equipment, equipment for development

or production of magnetic and optical

storage equipment, and materials for

fabrication of head/disk assemblies.

(i) Iran. Applications for all end-users

in Iran of these items will generally be

denied.

(A) Contract sanctity dates for military

end-users and end-uses of items that

were subject to national security

controls on August 28, 1991: see

paragraph (c)(1)(i) of this Supplement.

(B) Contract sanctity date for all other

items for all end-users: August 28, 1991.

(ii) Syria. Applications for military

end-users or for military end-uses in

Syria of these items will generally be

denied. Applications for non-military

end-users or for non-military end-uses

will be considered on a case-by-case

basis.

(A) Contract sanctity dates for items

that were subject to national security

controls on August 28, 1991: see

paragraph (c)(1)(ii) of this Supplement.

(B) Contract sanctity date for all other

items: August 28, 1991.

(iii) Sudan. Applications for military

end-users or for military end-uses in

Sudan of these items will generally be

denied. Applications for non-military

end-users or for non-military end-uses

in Sudan will be considered on a caseby-case basis. Contract sanctity date for

Sudan: January 19, 1996, unless a prior

contract sanctity date applies (e.g., items

first controlled to Sudan for foreign

policy reasons under EAA section 6(j)

have a contract sanctity date of

December 28, 1993).

(iv) North Korea.

(A) Computers with a CTP above 2000

MTOPS: Applications for all end-users

will generally be denied.

(B) Computers with a CTP at or below

2000 MTOPS: Applications for military

end-users or for military end-uses, or for

nuclear end-users or nuclear end-uses,

will generally be denied. Applications

for non-military end-users or for nonmilitary end-uses, or for non-nuclear

end-users or non-nuclear end-uses, will

be considered on a case-by-case basis.

(25) Telecommunications equipment.

(i) A license is required for the

following telecommunications

equipment:

(A) Radio relay systems or equipment

operating at a frequency equal to or

greater than 19.7 GHz or ‘‘spectral

efficiency’’ greater than 3 bit/s/Hz;

(B) Fiber optic systems or equipment

operating at a wavelength greater than

1000 nm;

(C) ‘‘Telecommunications

transmission systems’’ or equipment

with a ‘‘digital transfer rate’’ at the

highest multiplex level exceeding 45

Mb/s.

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38157

(ii) Iran. Applications for all endusers in Iran of such equipment will

generally be denied.

(A) Contract sanctity date for military

end-users and end-uses of

telecommunications equipment that was

subject to national security controls on

August 28, 1991: see paragraph (c)(1)(i)

of this Supplement.

(B) Contract sanctity dates for all

other vibration test equipment for all

end-users: August 28, 1991.

(iii) Syria. Applications for military

end-users or for military end-uses in

Syria of such equipment will generally

be denied. Applications for non-military

end-users or for non-military end-uses

will be considered on a case-by-case

basis.

(A) Contract sanctity date for exports

of telecommunications equipment that

was subject to national security controls

on August 28, 1991: see paragraph

(c)(1)(ii) of this Supplement.

(B) Contract sanctity date for exports

of all other telecommunications

equipment: August 28, 1991.

(iv) Sudan. Applications for military

end-users or for military end-uses in

Sudan of such equipment will generally

be denied. Applications for non-military

end-users or for non-military end-uses

in Sudan will be considered on a caseby-case basis. Contract sanctity date for

Sudan: January 19, 1996, unless a prior

contract sanctity date applies (e.g., items

first controlled to Sudan for foreign

policy reasons under EAA section 6(j)

have a contract sanctity date of

December 28, 1993).

(v) North Korea. Applications for

military end-users or for military enduses in North Korea of such equipment

will generally be denied. Applications

for non-military end-users or for nonmilitary end-uses will be considered on

a case-by-case basis.

(26) Microprocessors.

(i) Operating at a clock speed over 25

MHz.

(A) Iran. Applications for all endusers in Iran of these items will

generally be denied.

(1) Contract sanctity date for military

end-users and end-uses of

microprocessors that were subject to

national security controls on August 28,

1991: see paragraph (c)(1)(i) of this

Supplement.

(2) Contract sanctity dates for all other

microprocessors for all end-users:

August 28, 1991.

(B) Syria. Applications for military

end-users or for military end-uses in

Syria of these items will generally be

denied. Applications for non-military

end-users or for non-military end-uses

will be considered on a case-by-case

basis.

(1) Contract sanctity date for

microprocessors that were subject to

national security controls on August 28,

1991: see paragraph (c)(1)(ii) of this

Supplement.

(2) Contract sanctity date for all other

microprocessors: August 28, 1991.

(C) Sudan. Applications for military

end-users or for military end-uses in

Sudan of these items will generally be

denied. Applications for non-military

end-users or for non-military end-uses

in Sudan will be considered on a caseby-case basis. Contract sanctity date for

Sudan: January 19, 1996, unless a prior

contract sanctity date applies (e.g., items

first controlled to Sudan for foreign

policy reasons under EAA section 6(j)

have a contract sanctity date of

December 28, 1993).

(ii) With a CTP of 550 MTOPS or

above.

(A) North Korea. Applications for all

end-users in North Korea of these items

will generally be denied.

(B) [Reserved]

(27) Semiconductor manufacturing

equipment. For Iran, Syria, Sudan, or

North Korea a license is required for all

such equipment described in ECCNs

3B001 and 3B991.

(i) Iran. Applications for all end-users

in Iran of such equipment will generally

be denied.

(A) Contract sanctity date for military

end-users and end-uses of

semiconductor manufacturing

equipment that was subject to national

security controls on August 28, 1991:

see paragraph (c)(1)(i) of this

Supplement.

(B) Contract sanctity dates for all

other microprocessors for all end-users:

August 28, 1991.

(ii) Syria. Applications for military

end-users or for military end-uses in

Syria of such equipment will generally

be denied. Applications for non-military

end-users or for non-military end-uses

will be considered on a case-by-case

basis.

(A) Contract sanctity date for

semiconductor manufacturing

equipment that was subject to national

security controls on August 28, 1991:

see paragraph (c)(1)(ii) of this

Supplement.

(B) Contract sanctity date for all other

semiconductor manufacturing

equipment: August 28, 1991.

(iii) Sudan. Applications for military

end-users or for military end-uses in

Sudan of such equipment will generally

be denied. Applications for non-military

end-users or for non-military end-uses

in Sudan will be considered on a caseby-case basis. Contract sanctity date for

Sudan: January 19, 1996, unless a prior

contract sanctity date applies (e.g., items

first controlled to Sudan for foreign

policy reasons under EAA section 6(j)

have a contract sanctity date of

December 28, 1993).

(iv) North Korea. Applications for all

end-users in North Korea of such

equipment will generally be denied.

(28) Software specially designed for

the computer-aided design and

manufacture of integrated circuits.

(i) Iran. Applications for all end-users

in Iran of such software will generally

be denied.

(A) Contract sanctity date for military

end-users and end-uses of such software

that was subject to national security

controls on August 28, 1991: see

paragraph (c)(1)(i) of this Supplement.

(B) Contract sanctity dates for all

other such software for all end-users:

August 28, 1991.

(ii) Syria. Applications for military

end-users or for military end-uses in

Syria of such software will generally be

denied. Applications for non-military

end-users or for non-military end-uses

will be considered on a case-by-case

basis.

(A) Contract sanctity date for such

software that was subject to national

security controls on August 28, 1991:

see paragraph (c)(1)(ii) of this

Supplement.

(B) Contract sanctity date for all other

such software: August 28, 1991.

(iii) Sudan. Applications for military

end-users or for military end-uses in

Sudan of such software will generally be

denied. Applications for non-military

end-users or for non-military end-uses

in Sudan will be considered on a caseby-case basis. Contract sanctity date for

Sudan: January 19, 1996, unless a prior

contract sanctity date applies (e.g., items

first controlled to Sudan for foreign

policy reasons under EAA section 6(j)

have a contract sanctity date of

December 28, 1993).

(iv) North Korea. Applications for

military end-users or for military enduses in North Korea of such software

will generally be denied. Applications

for non-military end-users or for nonmilitary end-uses will be considered on

a case-by-case basis.

(29) Packet switches. Equipment

described in ECCN 5A991.c.

(i) Iran. Applications for all end-users

in Iran of such equipment will generally

be denied.

(A) Contract sanctity date for military

end-users and end-uses in Iran of packet

switches that were subject to national

security controls on August 28, 1991:

see paragraph (c)(1)(i) of this

Supplement.

(B) Contract sanctity dates for all

other packet switches for all end-users:

August 28, 1991.

38158 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

(ii) Syria. Applications for military

end-users or for military end-uses in

Syria of such equipment will generally

be denied. Applications for non-military

end-users or for non-military end-uses

will be considered on a case-by-case

basis.

(A) Contract sanctity date for packet

switches that were subject to national

security controls on August 28, 1991:

see paragraph (c)(1)(ii) of this

Supplement.

(B) Contract sanctity date for all other

packet switches: August 28, 1991.

(iii) Sudan. Applications for military

end-users or for military end-uses in

Sudan of such equipment will generally

be denied. Applications for non-military

end-users or for non-military end-uses

in Sudan will be considered on a caseby-case basis. Contract sanctity date for

Sudan: January 19, 1996, unless a prior

contract sanctity date applies (e.g., items

first controlled to Sudan for foreign

policy reasons under EAA section 6(j)

have a contract sanctity date of

December 28, 1993).

(iv) North Korea. Applications for

military end-users or for military enduses in North Korea of these items will

generally be denied. Applications for

non-military end-users or for nonmilitary end-uses will be considered on

a case-by-case basis.

(30) Specially designed software for

air traffic control applications that uses

any digital signal processing techniques

for automatic target tracking or that has

a facility for electronic tracking.

(i) Iran. Applications for all end-users

in Iran of such software will generally

be denied.

(A) Contract sanctity date for military

end-users and end-uses of such software

that was subject to national security

controls on August 28, 1991: see

paragraph (c)(1)(i) of this Supplement.

(B) Contract sanctity dates for all

other such software for all end-users:

August 28, 1991.

(ii) Syria. Applications for military

end-users or for military end-uses in

Syria of such software will generally be

denied. Applications for non-military

end-users or for non-military end-uses

will be considered on a case-by-case

basis.

(A) Contract sanctity date for such

software that was subject to national

security controls on August 28, 1991:

see paragraph (c)(1)(ii) of this

Supplement.

(B) Contract sanctity date for exports

of all other such software: August 28,

1991.

(iii) Sudan. Applications for military

end-users or for military end-uses in

Sudan of such software will generally be

denied. Applications for non-military

end-users or for non-military end-uses

in Sudan will be considered on a caseby-case basis. Contract sanctity date for

Sudan: January 19, 1996, unless a prior

contract sanctity date applies (e.g., items

first controlled to Sudan for foreign

policy reasons under EAA section 6(j)

have a contract sanctity date of

December 28, 1993).

(iv) North Korea. Applications for

military end-users or for military enduses in North Korea of such software

will generally be denied. Applications

for non-military end-users or for nonmilitary end-uses will be considered on

a case-by-case basis.

(31) Gravity meters having static

accuracy of less (better) than 100

microgal, or gravity meters of the quartz

element (worden) type.

(i) Iran. Applications for all end-users

in Iran of these items will generally be

denied.

(A) Contract sanctity date for military

end-users and end-uses of gravity

meters that were subject to national

security controls on August 28, 1991:

see paragraph (c)(1)(i) of this

Supplement.

(B) Contract sanctity dates for all

other such gravity meters for all endusers: August 28, 1991.

(ii) Syria. Applications for military

end-users or for military end-uses in

Syria of these items will generally be

denied. Applications for non-military

end-users or for non-military end-uses

will be considered on a case-by-case

basis.

(A) Contract sanctity date for gravity

meters that were subject to national

security controls on August 28, 1991:

see paragraph (c)(1)(ii) of this

Supplement.

(B) Contract sanctity date for exports

of all other such gravity meters: August

28, 1991.

(iii) Sudan. Applications for military

end-users or for military end-uses in

Sudan of these items will generally be

denied. Applications for non-military

end-users or for non-military end-uses

in Sudan will be considered on a caseby-case basis. Contract sanctity date for

Sudan: January 19, 1996, unless a prior

contract sanctity date applies (e.g., items

first controlled to Sudan for foreign

policy reasons under EAA section 6(j)

have a contract sanctity date of

December 28, 1993).

(iv) North Korea. Applications for

military end-users or for military enduses in North Korea of these items will

generally be denied. Applications for

non-military end-users or for nonmilitary end-uses will be considered on

a case-by-case basis.

(32) Magnetometers with a sensitivity

lower (better) than 1.0 nt rms per square

root Hertz.

(i) Iran. Applications for all end-users

in Iran of these items will generally be

denied.

(A) Contract sanctity date for military

end-users and end-uses of such

magnetometers that were subject to

national security controls on August 28,

1991: see paragraph (c)(1)(i) of this

Supplement.

(B) Contract sanctity dates for all

other such magnetometers for all endusers: August 28, 1991.

(ii) Syria. Applications for military

end-users or for military end-uses in

Syria of these items will generally be

denied. Applications for non-military

end-users or for non-military end-uses

will be considered on a case-by-case

basis.

(A) Contract sanctity date for such

magnetometers that were subject to

national security controls on August 28,

1991: see paragraph (c)(1)(ii) of this

Supplement.

(B) Contract sanctity date for all other

such magnetometers: August 28, 1991.

(iii) Sudan. Applications for military

end-users or for military end-uses in

Sudan of these items will generally be

denied. Applications for non-military

end-users or for non-military end-uses

in Sudan will be considered on a caseby-case basis. Contract sanctity date for

Sudan: January 19, 1996, unless a prior

contract sanctity date applies (e.g., items

first controlled to Sudan for foreign

policy reasons under EAA section 6(j)

have a contract sanctity date of

December 28, 1993).

(iv) North Korea. Applications for

military end-users or for military enduses in North Korea of these items will

generally be denied. Applications for

non-military end-users or for nonmilitary end-uses will be considered on

a case-by-case basis.

(33) Fluorocarbon compounds

described in ECCN 1C006.d for cooling

fluids for radar.

(i) Iran. Applications for all end-users

in Iran of such compounds will

generally be denied.

(A) Contract sanctity date for military

end-users and end-uses of such

fluorocarbon compounds that were

subject to national security controls on

August 28, 1991: see paragraph (c)(1)(i)

of this Supplement.

(B) Contract sanctity dates for all

other such fluorocarbon compounds for

all end-users: August 28, 1991.

(ii) Syria. Applications for military

end-users or for military end-uses in

Syria of such compounds will generally

be denied. Applications for non-military

end-users or for non-military end-uses

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38159

will be considered on a case-by-case

basis.

(A) Contract sanctity date for such

fluorocarbon compounds that were

subject to national security controls on

August 28, 1991: see paragraph (c)(1)(ii)

of this Supplement.

(B) Contract sanctity date for all other

such fluorocarbon compounds: August

28, 1991.

(iii) Sudan. Applications for military

end-users or for military end-uses in

Sudan of such compounds will

generally be denied. Applications for

non-military end-users or for nonmilitary end-uses in Sudan will be

considered on a case-by-case basis.

Contract sanctity date for Sudan:

January 19, 1996, unless a prior contract

sanctity date applies (e.g., items first

controlled to Sudan for foreign policy

reasons under EAA section 6(j) have a

contract sanctity date of December 28,

1993).

(iv) North Korea. Applications for

military end-users or for military enduses in North Korea of these items will

generally be denied. Applications for

non-military end-users or for nonmilitary end-uses will be considered on

a case-by-case basis.

(34) High strength organic and

inorganic fibers (kevlar) described in

ECCN 1C210.

(i) Iran. Applications for all end-users

in Iran of such fibers will generally be

denied.

(A) Contract sanctity date for military

end-users and end-uses of high strength

organic and inorganic fibers (kevlar)

described in ECCN 1C210 that were

subject to national security controls on

August 28, 1991: see paragraph (c)(1)(i)

of this Supplement.

(B) Contract sanctity dates for all

other high strength organic and

inorganic fibers (kevlar) described in

ECCN 1C210 for all end-users: August

28, 1991.

(ii) Syria. Applications for military

end-users or for military end-uses in

Syria of such fibers will generally be

denied. Applications for non-military

end-users or for non-military end-uses

will be considered on a case-by-case

basis.

(A) Contract sanctity date for high

strength organic and inorganic fibers

(kevlar) described in ECCN 1C210 that

were subject to national security

controls on August 28, 1991: see

paragraph (c)(1)(ii) of this Supplement.

(B) Contract sanctity date for all other

high strength organic and inorganic

fibers (kevlar) described in ECCN

1C210: August 28, 1991.

(iii) Sudan. Applications for military

end-users or for military end-uses in

Sudan of such fibers will generally be

denied. Applications for non-military

end-users or for non-military end-uses

in Sudan will be considered on a caseby-case basis. Contract sanctity date for

Sudan: January 19, 1996, unless a prior

contract sanctity date applies (e.g., items

first controlled to Sudan for foreign

policy reasons under EAA section 6(j)

have a contract sanctity date of

December 28, 1993).

(iv) North Korea. Applications for

military end-users or for military enduses, or for nuclear end-users or nuclear

end-uses, in North Korea of such

equipment will generally be denied.

Applications for non-military end-users

or for non-military end-uses, or for nonnuclear end-users or non-nuclear enduses, in North Korea will be considered

on a case-by-case basis.

(35) Machines described in ECCNs

2B003 and 2B993 for cutting gears up to

1.25 meters in diameter.

(i) Iran. Applications for all end-users

in Iran of these items will generally be

denied.

(A) Contract sanctity date for military

end-users and end-uses of such

machines that were subject to national

security controls on August 28, 1991:

see paragraph (c)(1)(i) of this

Supplement.

(B) Contract sanctity dates for all

other such machines for all end-users:

August 28, 1991.

(ii) Syria. Applications for military

end-users or for military end-uses in

Syria of these items will generally be

denied. Applications for non-military

end-users or for non-military end-uses

will be considered on a case-by-case

basis.

(A) Contract sanctity date for

machines that were subject to national

security controls on August 28, 1991:

see paragraph (c)(1)(ii) of this

Supplement.

(B) Contract sanctity date for all other

machines: August 28, 1991.

(iii) Sudan. Applications for military

end-users or for military end-uses in

Sudan of these items will generally be

denied. Applications for non-military

end-users or for non-military end-uses

in Sudan will be considered on a caseby-case basis. Contract sanctity date for

Sudan: January 19, 1996, unless a prior

contract sanctity date applies (e.g., items

first controlled to Sudan for foreign

policy reasons under EAA section 6(j)

have a contract sanctity date of

December 28, 1993).

(iv) North Korea. Applications for

military end-users or for military enduses in North Korea of these items will

generally be denied. Applications for

non-military end-users or for nonmilitary end-uses will be considered on

a case-by-case basis.

(36) Aircraft skin and spar milling

machines.

(i) Iran. Applications for all end-users

in Iran of these items will generally be

denied.

(A) Contract sanctity date for military

end-users and end-uses of aircraft skin

and spar milling machines that were

subject to national security controls on

August 28, 1991: see paragraph (c)(1)(i)

of this Supplement.

(B) Contract sanctity dates for all

other aircraft skin and spar milling

machines to all end-users: August 28,

1991.

(ii) Syria. Applications for military

end-users or for military end-uses in

Syria of these items will generally be

denied. Applications for non-military

end-users or for non-military end-uses

will be considered on a case-by-case

basis.

(A) Contract sanctity date for aircraft

skin and spar milling machines that

were subject to national security

controls on August 28, 1991: see

paragraph (c)(1)(ii) of this Supplement.

(B) Contract sanctity date for all other

aircraft skin and spar milling machines:

August 28, 1991.

(iii) Sudan. Applications for military

end-users or for military end-uses in

Sudan of these items will generally be

denied. Applications for non-military

end-users or for non-military end-uses

in Sudan will be considered on a caseby-case basis. Contract sanctity date for

Sudan: January 19, 1996, unless a prior

contract sanctity date applies (e.g., items

first controlled to Sudan for foreign

policy reasons under EAA section 6(j)

have a contract sanctity date of

December 28, 1993).

(iv) North Korea. Applications for all

end-users in North Korea of such

equipment will generally be denied.

(37) Manual dimensional inspection

machines described in ECCN 2B996.

(i) Iran. Applications for all end-users

in Iran of these items will generally be

denied.

(A) Contract sanctity date for military

end-users or end-uses of manual

dimensional inspection machines that

were subject to national security

controls on August 28, 1991: see

paragraph (c)(1)(i) of this Supplement.

(B) Contract sanctity date for all other

manual dimensional inspection

machines for all end-users: August 28,

1991.

(ii) Syria. Applications for military

end-users or for military end-uses in

Syria of these items will generally be

denied. Applications for non-military

end-users or for non-military end-uses

in Syria will be considered on a caseby-case basis.

38160 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

(A) Contract sanctity date for such

manual dimensional inspection

machines that were subject to national

security controls on August 28, 1991:

see paragraph (c)(1)(ii) of this

Supplement.

(B) Contract sanctity date for all other

such manual dimensional inspection

machines: August 28, 1991.

(iii) Sudan. Applications for military

end-users or for military end-uses in

Sudan of these items will generally be

denied. Applications for non-military

end-users or for non-military end-uses

in Sudan will be considered on a caseby-case basis. Contract sanctity date for

Sudan: January 19, 1996, unless a prior

contract sanctity date applies (e.g., items

first controlled to Sudan for foreign

policy reasons under EAA section 6(j)

have a contract sanctity date of

December 28, 1993).

(iv) North Korea. Applications for

military end-users or for military enduses, or for nuclear end-users or nuclear

end-uses, in North Korea of such

equipment will generally be denied.

Applications for non-military end-users

or for non-military end-uses, or for nonnuclear end-users or non-nuclear enduses, in North Korea will be considered

on a case-by-case basis.

(38) Robots capable of employing

feedback information in real time

processing to generate or modify

programs.

(i) Iran. Applications for all end-users

in Iran of these items will generally be

denied.

(A) Contract sanctity date for military

end-users or end-uses of such robots

that were subject to national security

controls on August 28, 1991: see

paragraphs (c)(1)(i) of this Supplement.

(B) Contract sanctity date for all other

such robots: August 28, 1991.

(ii) Syria. Applications for military

end-users or for military end-uses in

Syria of these items will generally be

denied. Applications for non-military

end-users or for non-military end-uses

in Syria will be considered on a caseby case basis.

(A) Contract sanctity date for such

robots that were subject to national

security controls on August 28, 1991:

see paragraph (c)(1)(ii) of this

Supplement.

(B) Contract sanctity date for all other

such robots: August 28, 1991.

(iii) Sudan. Applications for military

end-users or for military end-uses in

Sudan of these items will generally be

denied. Applications for non-military

end-users or for non-military end-uses

in Sudan will be considered on a caseby-case basis. Contract sanctity date for

Sudan: January 19, 1996, unless a prior

contract sanctity date applies (e.g., items

first controlled to Sudan for foreign

policy reasons under EAA section 6(j)

have a contract sanctity date of

December 28, 1993).

(iv) North Korea. Applications for

military end-users or for military enduses, or for nuclear end-users or nuclear

end-uses, in North Korea of such

equipment will generally be denied.

Applications for non-military end-users

or for non-military end-uses, or for nonnuclear end-users or non-nuclear enduses, in North Korea will be considered

on a case-by-case basis.

(39) Explosive device detectors

described in ECCN 2A993.

(i) Iran. Applications for all end-users

in Iran of these items will generally be

denied. Contract sanctity date: January

19, 1996.

(ii) Syria. Applications for all endusers in Syria of these items will

generally be denied. Contract sanctity

date: January 19, 1996.

(iii) Sudan. Applications for all endusers in Sudan of these items will

generally be denied. Contract sanctity

date: January 19, 1996.

(iv) North Korea. Applications for all

end-users in North Korea of these items

will generally be denied.

(40) [Reserved]

(41) Production technology controlled

under ECCN 1C355 on the CCL.

(i) Iran. Applications for all end-users

in Iran of these items will generally be

denied.

(ii) Syria. Applications for military

end-users or for military end-uses in

Syria of these items will generally be

denied. Applications for non-military

end-users or for non-military end-uses

in Syria will be considered on a caseby-case basis.

(iii) Sudan. Applications for all endusers in Sudan of these items will

generally be denied.

(iv) North Korea. Applications for

military end-users or for military enduses in North Korea of these items will

generally be denied. Applications for

non-military end-users or for nonmilitary end-uses will be considered on

a case-by-case basis.

(42) Commercial Charges and devices

controlled under ECCN 1C992 on the

CCL.

(i) Iran. Applications for all end-users

in Iran of these items will generally be

denied.

(ii) Syria. Applications for all endusers in Syria of these items will

generally be denied.

(iii) Sudan. Applications for all endusers in Sudan of these items will

generally be denied.

(iv) North Korea. Applications for all

end-users in North Korea of these items

will generally be denied.

(43) [Reserved]

(44) Specific processing equipment,

materials and software controlled under

ECCNs 0A999, 0B999, 0D999, 1A999,

1C999, 1D999, 2A999, 2B999, 3A999,

and 6A999 on the CCL.

(i) North Korea. Applications for

military end-users or for military enduses, or for nuclear end-users or nuclear

end-uses, in North Korea of such

equipment will generally be denied.

Applications for non-military end-users

or for non-military end-uses, or for nonnuclear end-users or non-nuclear enduses, in North Korea will be considered

on a case-by-case basis.

(ii) [Reserved]

PART 744—[AMENDED]

28. Section 744.7 is amended by

revising the phrase ‘‘North Korea or

Country Group D:1’’ in paragraphs

(b)(1), (b)(2) introductory text, and

(b)(2)(ii) to read ‘‘Country Group D:1’’.

PART 746—[AMENDED]

§ 746.1 [Amended]

29. Section 746.1 is amended:

a. By revising the phrase ‘‘Libya,

North Korea,’’ in the introductory text of

paragraph (a) to read ‘‘Libya,’’;

b. By revising the heading of

paragraph (a)(1) to read ‘‘Cuba and

Libya’’; and

c. By revising the phrase ‘‘Cuba,

Libya, or North Korea.’’ in the first

sentence of paragraph (a)(1) to read

‘‘Cuba or Libya.’’ and revising the

phrase ‘‘Cuba, Libya, and North Korea’’

in the second sentence of paragraph

(a)(1) to read ‘‘Cuba or Libya.’’.

30. Part 746 is amended by removing

and reserving § 746.5.

PART 758—[AMENDED]

§ 758.3 [Amended]

31. Section 758.3 is amended by

revising the phrase ‘‘Cuba, or North

Korea.’’ in paragraph (i)(2) to read ‘‘or

Cuba.’’.

PART 774—[AMENDED]

32. In Supplement No. 1 to part 774

(the Commerce Control List) Category

0—Nuclear Materials, Facilities, and

Equipment (And Misc. Items), Export

Control Classification Numbers (ECCNs)

are amended:

a. By revising the ‘‘License

Requirements’’ section in ECCN 0A986;

b. By adding a new ECCN 0A999;

c. By revising the ‘‘License

Requirements’’ section in ECCN 0B986;

d. By adding a new ECCN 0B999; and

e. By adding a new ECCN 0D999 to

read as follows:

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38161

0A986 Shotgun Shells, Except

Buckshot Shotgun Shells, and Parts

License Requirements

Reason for Control: AT, FC, UN.

Control(s).

Country Chart.

AT applies to entire entry. A license

is required for items controlled by this

entry to North Korea for anti-terrorism

reasons. The Commerce Country Chart

is not designed to determine AT

licensing requirements for this entry.

See § 742.19 of the EAR for additional

information.

FC applies to entire entry.

FC Column 1.

UN applies to entire entry. A license

is required for items controlled by this

entry to Rwanda and the Federal

Republic of Yugoslavia (Serbia and

Montenegro). The Commerce Country

Chart is not designed to determine

licensing requirements for this entry.

See part 746 of the EAR for additional

information.

* * * * *

0A999 Specific Processing Equipment,

as Follows (See List of Items

Controlled)

License Requirements

Reason for Control: AT.

Control(s).

Country Chart.

AT applies to entire entry. A license

is required for items controlled by this

entry to North Korea for anti-terrorism

reasons. The Commerce Country Chart

is not designed to determine AT

licensing requirements for this entry.

See § 742.19 of the EAR for additional

information.

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value.

Related Controls: N/A.

Related Definitions: N/A.

Items:

a. Ring Magnets;

b. Reserved.

* * * * *

0B986 Equipment Specially Designed

for Manufacturing Shotgun Shells; and

Ammunition Hand-Loading Equipment

for Both Cartridges and Shotgun Shells

License Requirements

Reason for Control: AT, UN.

Control(s).

Country Chart.

AT applies to entire entry. A license

is required for items controlled by this

entry to North Korea for anti-terrorism

reasons. The Commerce Country Chart

is not designed to determine AT

licensing requirements for this entry.

See § 742.19 of the EAR for additional

information.

UN applies to entire entry. A license

is required for items controlled by this

entry to Rwanda and the Federal

Republic of Yugoslavia (Serbia and

Montenegro). The Commerce Country

Chart is not designed to determine

licensing requirements for this entry.

See part 746 of the EAR for additional

information.

* * * * *

0B999 Specific Processing Equipment,

as Follows (See List of Items

Controlled)

License Requirements

Reason for Control: AT.

Control(s).

Country Chart.

AT applies to entire entry. A license

is required for items controlled by this

entry to North Korea for anti-terrorism

reasons. The Commerce Country Chart

is not designed to determine AT

licensing requirements for this entry.

See § 742.19 of the EAR for additional

information.

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value.

Related Controls: N/A.

Related Definitions: N/A.

Items:

a. Hot cells;

b. Glove boxes suitable for use with

radioactive materials.

* * * * *

0D999 Specific Software, as Follows

(See List of Items Controlled).

License Requirements

Reason for Control: AT.

Control(s).

Country Chart.

AT applies to entire entry. A license

is required for items controlled by this

entry to North Korea for anti-terrorism

reasons. The Commerce Country Chart

is not designed to determine AT

licensing requirements for this entry.

See § 742.19 of the EAR for additional

information.

License Exceptions

CIV: N/A

TSR: N/A

List of Items Controlled

Unit: $ value.

Related Controls: N/A.

Related Definitions: N/A.

Items:

a. Software for neutronic calculations/

modeling;

b. Software for radiation transport

calculations/modeling;

c. Software for hydrodynamic

calculations/modeling.

* * * * *

33. In Supplement No. 1 to part 774

(the Commerce Control List) Category

1—Materials, Chemicals,

Microorganisms, and Toxins, ECCNs are

amended:

a. By adding ECCNs 1A999, 1B999,

1C999, and 1D999; and

b. By revising the ‘‘License

Requirements’’ section in ECCN 1C995,

to read as follows:

1A999 Specific Processing Equipment,

n.e.s., as Follows (See List of Items

Controlled)

License Requirements

Reason for Control: AT.

Control(s).

Country Chart.

AT applies to entire entry. A license

is required for items controlled by this

entry to North Korea for anti-terrorism

reasons. The Commerce Country Chart

is not designed to determine AT

licensing requirements for this entry.

See § 742.19 of the EAR for additional

information.

License Exceptions

LVS: N/A.

GBS: N/A.

CIV: N/A.

List of Items Controlled

Unit: $ value.

Related Controls: N/A.

Related Definitions: N/A.

Items:

a. Radiation detection, monitoring

and measurement equipment, n.e.s.;

b. Radiographic detection equipment

such as x-ray converters, and storage

phosphor image plates.

* * * * *

1B999 Specific Processing Equipment,

n.e.s., as Follows (See List of Items

Controlled)

License Requirements

Reason for Control: AT.

Control(s).

Country Chart.

AT applies to entire entry. A license

is required for items controlled by this

entry to North Korea for anti-terrorism

reasons. The Commerce Country Chart

is not designed to determine AT

licensing requirements for this entry.

See § 742.19 of the EAR for additional

information.

38162 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value.

Related Controls: See also 1B001,

1B101, 1B201, 1B225 and 1D999.

Related Definitions: N/A.

Items:

a. Electrolytic cells for flourine

production, n.e.s.;

b. Particle accelerators;

c. Industrial process control

hardware/systems designed for power

industries, n.e.s.;

d. Freon and chilled water cooling

systems capable of continuous cooling

duties of 100,000 BTU/hr (29.3 kW) or

greater;

e. Equipment for the production of

structural composites, fibers, prepregs

and preforms, n.e.s.

* * * * *

1C995 Mixtures Containing Precursor

and Intermediate Chemicals Used in

the ‘‘Production’’ of Chemical Warfare

Agents That Are Not Controlled by

ECCN 1C350

License Requirements

Reason for Control: AT.

AT applies to entire entry. A license

is required for items controlled by this

entry to Cuba, Iran, Libya, and North

Korea for anti-terrorism reasons. The

Commerce Country Chart is not

designed to determine licensing

requirements for this entry. See part 746

of the EAR for additional information on

Cuba, Iran, and Libya. See § 742.19 of

the EAR for additional information on

North Korea.

* * * * *

1C999 Specific Materials, n.e.s., as

Follows (See List of Items Controlled)

License Requirements

Reason for Control: AT.

Control(s).

Country Chart.

AT applies to entire entry. A license

is required for items controlled by this

entry to North Korea for anti-terrorism

reasons. The Commerce Country Chart

is not designed to determine AT

licensing requirements for this entry.

See § 742.19 of the EAR for additional

information.

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value.

Related Controls: See also 1C236.

Related Definitions: N/A.

Items:

a. Hardened steel and tungsten

carbide precision ball bearings (3mm or

greater diameter);

b. 304 and 316 stainless steel plate,

n.e.s.;

c. Monel plate;

d. Tributyl phosphate;

e. Nitric acid in concentrations of 20

weight percent or greater;

f. Flourine;

g. Alpha-emitting radionuclides, n.e.s.

* * * * *

1D999 Specific Software, n.e.s., as

Follows (See List of Items Controlled)

License Requirements

Reason for Control: AT.

Control(s).

Country Chart.

AT applies to entire entry. A license

is required for items controlled by this

entry to North Korea for anti-terrorism

reasons. The Commerce Country Chart

is not designed to determine AT

licensing requirements for this entry.

See § 742.19 of the EAR for additional

information.

License Exceptions

CIV: N/A

TSR: N/A

List of Items Controlled

Unit: $ value.

Related Controls: See also 1B999.

Related Definitions: N/A.

Items:

a. Software specially designed for

industrial process control hardware/

systems controlled by 1B999, n.e.s.;

b. Software specially designed for

equipment for the production of

structural composites, fibers, prepregs

and preforms controlled by 1B999, n.e.s.

34. In Supplement No. 1 to part 774

(the Commerce Control List) Category 2,

Materials Processing, of the Commerce

Control List, ECCNs are amended:

a. By revising the ‘‘License

Requirements’’ section in ECCNs 2A994;

b. By adding ECCNs 2A999 and

2B999; and

b. By revising the ‘‘License

Requirements’’ section in ECCN 2D994,

to read as follows:

2A994 Portable Electric Generators

and Specially Designed Parts

License Requirements

Reason for Control: AT.

Control(s).

AT applies to entire entry. A license

is required for items controlled by this

entry to Cuba, Iran, Libya, and North

Korea for anti-terrorism reasons. The

Commerce Country Chart is not

designed to determine licensing

requirements for this entry. See part 746

of the EAR for additional information on

Cuba, Iran, and Libya. See § 742.19 of

the EAR for additional information on

North Korea.

* * * * *

2A999 Specific Processing Equipment,

n.e.s., as Follows (See List of Items

Controlled).

License Requirements

Reason for Control: AT.

Control(s).

Country Chart.

AT applies to entire entry. A license

is required for items controlled by this

entry to North Korea for anti-terrorism

reasons. The Commerce Country Chart

is not designed to determine AT

licensing requirements for this entry.

See § 742.19 of the EAR for additional

information.

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value.

Related Controls: See also 2A226,

2B350.

Related Definitions: N/A.

Items:

a. Bellows sealed valves;

b. Reserved.

* * * * *

2B999 Specific Processing Equipment,

n.e.s., as Follows (See List of Items

Controlled).

License Requirements

Reason for Control: AT.

Control(s).

Country Chart.

AT applies to entire entry. A license

is required for items controlled by this

entry to North Korea for anti-terrorism

reasons. The Commerce Country Chart

is not designed to determine AT

licensing requirements for this entry.

See § 742.19 of the EAR for additional

information.

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value.

Related Controls: See also 0B001,

0B002, 0B004, 1B233, 2A293, 2B001.f,

2B004, 2B009, 2B104, 1B109, 2B204,

2B209, 2B228, 2B229, 2B231, 2B350.

Related Definitions: N/A.

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 38163

Items:

a. Isostatic presses, n.e.s.;

b. Bellows manufacturing equipment,

including hydraulic forming equipment

and bellows forming dies;

c. Laser welding machines;

d. MIG welders;

e. E-beam welders;

f. Monel equipment, including valves,

piping, tanks and vessels;

g. 304 and 316 stainless steel valves,

piping, tanks and vessels;

h. Mining and drilling equipment, as

follows:

h.1. Large boring equipment capable

of drilling holes greater than two feet in

diameter;

h.2. Large earth-moving equipment

used in the mining industry;

i. Electroplating equipment designed

for coating parts with nickel or

aluminum;

j. Pumps designed for industrial

service and for use with an electrical

motor of 5 HP or greater;

k. Vacuum valves, piping, flanges,

gaskets and related equipment specially

designed for use in high-vacuum

service, n.e.s.;

l. Spin forming and flow forming

machines, n.e.s.;

m. Centrifugal multiplane balancing

machines, n.e.s.;

n. Austenitic stainless steel plate,

valves, piping, tanks and vessels.

* * * * *

2D994 ‘‘Software’’ Specially Designed

for the ‘‘Development’’ or ‘‘Production’’

of Portable Electric Generators

Controlled by 2A994

* * * * *

License Requirements

Reason for Control: AT.

Control(s).

AT applies to entire entry. A license

is required for items controlled by this

entry to Cuba, Iran, Libya, and North

Korea for anti-terrorism reasons. The

Commerce Country Chart is not

designed to determine licensing

requirements for this entry. See part 746

of the EAR for additional information on

Cuba, Iran, and Libya. See § 742.19 of

the EAR for additional information on

North Korea.

* * * * *

35. Category 2, Materials Processing,

of the Commerce Control List, is

amended by revising the ‘‘License

Requirements’’ section in ECCN 2E994

to read as follows:

2E994 ‘‘Technology’’ for the ‘‘Use’’ of

Portable Electric Generators Controlled

by 2A994

* * * * *

License Requirements

Reason for Control: AT.

Control(s).

AT applies to entire entry. A license

is required for items controlled by this

entry to Cuba, Iran, Libya, and North

Korea for anti-terrorism reasons. The

Commerce Country Chart is not

designed to determine licensing

requirements for this entry. See part 746

of the EAR for additional information on

Cuba, Iran, and Libya. See § 742.19 of

the EAR for additional information on

North Korea.

* * * * *

36. In Supplement No. 1 to part 774

(the Commerce Control List)—Category

3, Electronics, Export Control

Classification Numbers (ECCNs) are

amended:

a. By revising the ‘‘License

Requirements’’ section in ECCN 3A991;

and

b. By adding ECCN 3A999, as follows:

3A991 Electronic Devices and

Components Not Controlled by 3A001

* * * * *

License Requirements

Reason for Control: AT.

Control(s): AT applies to entire entry.

Country Chart: AT Column 1.

License Requirements Notes:

1. Microprocessors with a CTP below

550 MTOPS listed in paragraph (a) of

this entry may be shipped NLR (No

License Required) when destined to

North Korea, provided restrictions set

forth in other sections of the EAR (e.g.,

end-use restrictions), do not apply.

* * * * *

3A999 Specific Processing Equipment,

n.e.s., as Follows (See List of Items

Controlled)

License Requirements

Reason for Control: AT.

Control(s).

Country Chart.

AT applies to entire entry. A license

is required for items controlled by this

entry to North Korea for anti-terrorism

reasons. The Commerce Country Chart

is not designed to determine AT

licensing requirements for this entry.

See § 742.19 of the EAR for additional

information.

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value.

Related Controls: See also 0B002,

3A225 (for frequency changes capable of

operating in the frequency range of 600

Hz and above), 3A233.

Related Definitions: N/A.

Items:

a. Frequency changers capable of

operating in the frequency range from

300 up to 600 Hz, n.e.s;

b. Mass spectrometers n.e.s;

c. All flash x-ray machines, and

components of pulsed power systems

designed thereof, including Marx

generators, high power pulse shaping

networks, high voltage capacitors, and

triggers;

d. Pulse amplifiers, n.e.s.;

e. Electronic equipment for time delay

generation or time interval

measurement, as follows:

e.1. Digital time delay generators with

a resolution of 50 nanoseconds or less

over time intervals of 1 microsecond or

greater; or

e.2. Multi-channel (three or more) or

modular time interval meter and

chronometry equipment with resolution

of 50 nanoseconds or less over time

intervals of 1 microsecond or greater;

f. Chromatography and spectrometry

analytical instruments.

* * * * *

37. In Supplement No. 1 to part 774

(the Commerce Control List)—Category

6, Sensors and Lasers is amended by

adding ECCN 6A999, as follows:

6A999 Specific Processing Equipment,

as Follows (See List of Items

Controlled)

License Requirements

Reason for Control: AT.

Control(s).

Country Chart.

AT applies to entire entry. A license

is required for items controlled by this

entry to North Korea for anti-terrorism

reasons. The Commerce Country Chart

is not designed to determine AT

licensing requirements for this entry.

See § 742.19 of the EAR for additional

information.

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value.

Related Controls: See also 6A203.

Related Definitions: N/A.

Items:

a. Seismic detection equipment;

b. Radiation hardened TV cameras,

n.e.s.

* * * * *

38164 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

Dated: June 12, 2000.

R. Roger Majak,

Assistant Secretary for Export

Administration.

[FR Doc. 00–15168 Filed 6–16–00; 8:45 am]

BILLING CODE 3510–33–P

DEPARTMENT OF COMMERCE

DEPARTMENT OF TRANSPORTATION

44 CFR Part 403

RIN 2105–AC70

Repeal of Traffic Restrictions to North

Korea

AGENCY: Department of Commerce and

Department of Transportation.

ACTION: Final rule.

SUMMARY: The Departments of

Transportation and Commerce maintain

joint restrictions on shipping to North

Korea, prohibiting any ships

documented under the laws of the

United States or any aircraft registered

under the laws of the United States from

engaging in transportation to and from

North Korea. In view of the President’s

recent decision to ease certain sanctions

against North Korea, the two

departments are repealing the

restrictions. This action requires a

change to the Code of Federal

Regulations.

DATES: This final rule is effective June

19, 2000.

FOR FURTHER INFORMATION CONTACT: Mr.

Christopher T. Tourtellot, Office of the

Assistant General Counsel for

International Law, U.S. Department of

Transportation, 400 Seventh Street SW.,

Washington, DC 20590. Telephone:

(202) 366–9183. Ms. Rochelle Woodard,

Department of Commerce, Office of the

Chief Counsel for Export

Administration, Room 3839, 14th Street

& Constitution Avenue NW.,

Washington, DC 20230. Telephone:

(202) 482–5304.

SUPPLEMENTARY INFORMATION: The

regulations in 44 CFR Part 403

(Transportation Order T–2), which are

the joint responsibility of the

Departments of Transportation and

Commerce, currently impose a shipping

restriction that prohibits any ships

documented under the laws of the

United States or any aircraft under the

laws of the United States from engaging

in transportation to and from North

Korea.

On September 17, 1999, the President

announced his intention to ease certain

sanctions against North Korea in order

to pursue improved relations. There is

also a need to facilitate transportation to

and from North Korea in support of the

Agreed Framework of October 1994.

To accomplish this goal, the

Departments of Transportation and

Commerce are repealing Order T–2, 44

CFR Part 403, the effect of which is to

permit any ships documented under the

laws of the United States and any

aircraft registered under laws of the

United States to engage in

transportation to and from North Korea,

subject to applicable regulatory

restrictions such as the transportation

and export control regulations.

This is being released as a final rule.

Prior notice and opportunity for public

comment are not required to be

provided for this rule pursuant to the

military and foreign affairs exemption

contained in 5 U.S.C. 553(a)(1).

Therefore, the analytical requirements

of the Regulatory Flexibility Act, 5

U.S.C. 601 et seq., are inapplicable.

Because of the need to facilitate

transportation to and from North Korea,

especially the delivery of humanitarian

aid, and because of the need to support

the Agreed Framework to pursue

improved relations with North Korea in

furtherance of United States foreign

policy, we are making the rule effective

on less than 30-day’s notice.

International Trade Impact Statement

This final regulation applies to all

United States air carriers and shipping

lines, as well as all privately owned

aircraft and ships that are documented

or registered under the laws of the

United States. The rule should improve

United States companies’ ability to

compete in international markets and to

participate in trade and travel in the

North Korea market. The overall level of

travel to and from the United States is

not expected to be significantly affected.

Regulatory Impact

Executive Order 12866 and DOT

Regulatory Policies and Procedures

This rulemaking affects other federal

agencies and involves important matters

of public policy, and is therefore

significant under DOT Policies and

Procedures. It is also a significantly

regulatory action for the purposes of

Executive Order 12866.

Economic Analysis

The repeal of the regulation will have

only the smallest economic impact on

affected parties. Given this de minimis

effect, the Department finds that further

economic analysis is unnecessary.

Paperwork Reduction Act

The repeal of this rule will not alter

any recordkeeping or reporting

requirements.

Other Executive Orders

The repeal of this rule will not

implicate any interests affected by the

provisions of Executive Order 12630,

Government Actions and Interference

with Constitutionally Protected Property

Rights; Executive Order 12988, Civil

Justice Reform; or Executive Order

13045, Protection of Children from

Environmental Health Risks and Safety

Risks.

Federalism Implications

The repeal of this regulation has no

direct impact on the individual states,

on the balance of power in their

respective governments, or on the

burden of responsibilities assigned them

by the national government. In

accordance with Executive Order 13132

consultation with state and local

governments is, therefore, not required.

Unfunded Mandates Reform Act of

1995

The repeal of this rule does not

impose unfunded mandates under the

Unfunded Mandates Reform Act of

1995. It does not result in costs of $100

million or more to either state, local, or

tribal governments, in the aggregate, or

on the private sector.

List of Subjects in 44 CFR Part 403

Air carriers, Korea, Democratic

Peoples Republic of, Maritime carriers,

Reporting and recordkeeping

requirements.

Accordingly, under the authority of

Sec. 704, 64 Stat. 816, as amended; 50

U.S.C. App. 2154; interpret or apply

sec.101, 64 Stat. 799, as amended; 50

U.S.C. App. 2071; E.O. 10480, 18 FR

4939, 3 CFR 1953 Supp.; sec. 4(a) Pub.

L. 89–670, 80 Stat. 933; 49 U.S.C. 1653;

and the authority delegated by 49 CFR

1.56a(c) for the Department of

Transportation; and as discussed in the

Supplementary Information, amend 44

CFR Chapter IV as follows:

PART 403—[REMOVED]

1. Part 403 is removed.