2013 REPORT ON FOREIGN POLICY-BASED EXPORT 

CONTROLS 

 

U.S. Department of Commerce 

Bureau of Industry and Security 

Table of Contents 

Number Page 

Chapter 1 Introduction 1 

Chapter 2 Crime Controls/Human Rights Controls 13 

Chapter 3 Regional Stability Controls 22 

Chapter 4 Anti-Terrorism Controls 36 

Chapter 5 Embargoes, Sanctions, and Other Special Controls 42 

Chapter 6 Toxic Chemicals, Chemical Precursors and Associated 

 Equipment, Technology, and Software Controls 70 

Chapter 7 Biological Agents and Associated Equipment and Technology 

Controls 80 

Chapter 8 Missile Technology Controls 87 

Chapter 9 Encryption Controls 94 

Chapter 10 Significant It Controls 99 

Chapter 11 Nuclear Nonproliferation Controls 103 

Chapter 12 Surreptitious Listening Controls 108 

Chapter 13 Entity List 112 

Appendix I Summary of Public Comments on Foreign Policy Export Controls 119 

Appendix II Multilateral Export Control Regimes in 2012 121 
Appendix III Selected Rules Published by the Department of Commerce in 2012 123 
CHAPTER 1 

Introduction 

Export controls maintained for foreign policy purposes require annual extension according to the 

provisions of Section 6 of the Export Administration Act of 1979, as amended1 (the EAA). 

Section 6(f) of the EAA requires the President to submit a report to Congress to extend the 

controls. Authority to submit the report has been delegated to the Secretary of Commerce.2 

Section 6(f) of the EAA requires the report to specify the determinations or considerations of the 

Secretary (as delegated by the President) with respect to the criteria set forth in Section 6(b) of 

the EAA established for imposing, extending, or expanding foreign policy controls. This report 

complies with all of the requirements set out in the EAA for extending, amending, or imposing 

foreign policy-based export controls. 

The Department of Commerce is acting under the authority conferred by Executive Order 13222 

of August 17, 2001 (Executive Order), as extended most recently by the Notice of August 15, 

2012 (77 Fed. Reg. 49699 (Aug. 16, 2012)). In that Executive Order, the President, by reason of 

the expiration of the EAA, invoked his authority, including authority under the International 

Emergency Economic Powers Act (IEEPA), to continue in effect the system of controls that had 

been maintained under the EAA. Under a policy of conforming actions under the Executive 

Order to those under the EAA, the Department of Commerce, insofar as appropriate, is following 

the provisions of Section 6 of the EAA with regard to extending foreign policy-based export 

controls. 

The Bureau of Industry and Security (BIS) of the Department of Commerce extends with this 

report all foreign policy export controls described in this report for the period from January 21, 

2013, to January 20, 2014. BIS takes this action pursuant to the recommendation of the 

Secretary of State. As further authorized by the EAA, foreign policy export controls remain in 

effect for replacement parts and for parts contained in goods subject to such controls. The 

controls administered in accordance with procedures established pursuant to Section 309(c) of 

the Nuclear Nonproliferation Act of 1978 similarly remain in effect. 

Each Chapter of this report describes a particular category of foreign policy controls and 

delineates modifications that have taken place over the past year. Although this report covers the 

2012 calendar year, the statistical data presented in the report is based on fiscal year 2012 export 

licensing statistics, unless otherwise noted. BIS generates this data from the computer system it 

uses to process and track export license activity. The data included may overcount a small 

1

 50 U.S.C. app. §§ 2401-2420 (2000). 

2

 Executive Order 12002 (July 7, 1977) (as amended). 
number of licenses because the computer system has some limitations in tabulating the 

occasional license application listing more than one Export Commodity Classification Number 

(ECCN) or country of destination. In addition, BIS bases the data in this report on values 

contained in issued export licenses. Such values may not represent the values of actual 

shipments made against those licenses because an exporter ultimately might not export all the 

items described in an application. 

Some goods, technology, and software described in this report require licenses to export for 

national security purposes in accordance with Section 5 of the EAA. 

Part I: Highlights in the 2012 Report 

Regional Stability 

In FY 2012, two regulations were published that expanded Regional Stability (RS) controls. 

These new controls apply to new Export Control Classification Numbers (ECCNs) 3A982, 

3D982 and 3E982 and to the newly created series of ECCNs, 0Y521. The ECCN 0Y521 series 

covers items that warrant control on the CCL based on their contribution to the military or 

intelligence advantage to the United States, but that are not yet identified in an existing ECCN. 

Specifically, pursuant to the new rules, regional stability export controls were imposed on certain 

high electron mobility transistors and monolithic microwave integrated circuits that are listed in 

the new ECCN 3A982, with related software and technology captured in ECCNs 3D982 and 

3E982. Items in ECCN 0Y521 series are subject to RS Column 1 controls. 

In addition, the Export Control Reform (ECR) initiative, currently in progress, has proposed a 

new regulatory construct for the transfer of items on the United States Munitions List (USML) to 

the Commerce Control List (CCL). On July 15, 2011, the Department of Commerce published a 

proposed rule in the Federal Register (76 FR 41958) implementing structural changes to the 

EAR for items that are moved from the USML to the CCL. These items will be subject to the 

EAR under new ECCNs controlled for RS and AT reasons. 

The following is a list of proposed rules published by BIS during 2012 that would transfer 

various types of articles from the USML to the CCL. All of these rules propose RS controls on 

the items, in addition to other controls, as appropriate. 

On May 2, 2012, the Department of Commerce published a proposed rule in the Federal 

Register

Control of Energetic Materials and Related Articles the President Determines No Longer 
On May 18, 2012, the Department of Commerce published a proposed rule in the Federal 

Register

and Miscellaneous Items that No Longer Warrant Control Under the United States 

Munitions List 

On June 7, 2012, the Department of Commerce published a proposed rule in the Federal 

Register

Control of Personal Protective Equipment, Shelters, and Related Items the President 

Determines No Longer Warrant Control Under the United States Munitions List 

On June 13, 2012, the Department of Commerce published a proposed rule in the Federal 

Register (77 s to the Export Administration Regulations (EAR): 

Control of Military Training Equipment and Related Items the President Determines No 

On June 19, 2012, the Department of Commerce published a proposed rule in the Federal 

Register 

On June 21, 2012, the Department of Commerce published a proposed rule in the Federal 

Register (77 FR 37523 Proposed Revisions to the Export Administration Regulations 

(EAR): Implementation of Export Control Reform; Revisions to License Exceptions 

After Retrospective Regulatory Review.

On November 28, 2012, the Department of Commerce published a proposed rule in the 

Federal Register o the Export Administration Regulations 

(EAR): Control of Military Electronic Equipment and Related Items the President 

Determines No Longer Warrant Control Under the United States Munitions List 

On November 29, 2012, the Department of Commerce published a proposed rule in the 

Federal Register

In addition, a number of regulations were published in calendar year 2011 that proposed the 

transfer of various types of items presently controlled on the USML to the CCL and proposed 

imposing RS controls on these items. These rules have not yet been published in final form. The 

rules include proposed revisions to the EAR for the following items: (1) Control of Aircraft and 

Related Items the President Determines No Longer Warrant Control Under the United States 

Munitions List (USML); (2) Control of Gas Turbine Engines and Related Items the President 

Determines No Longer Warrant Control Under the United States Munitions List (USML);
Control of Military Vehicles and Related Items that the President Determines No Longer 

Warrant Control on the United States Munitions List; Control of Vessels of War and 

Related Articles the President Determines No Longer Warrant Control Under the United States 

Munitions List (USML); Control of Submersible Vessels, Oceanographic Equipment 

and Related Articles that the President Determines No Longer Warrant Control under the United 

States Munitions List (USML) 

 

Embargoes, Sanctions, and Other Special Controls 

On July 23, 2012, the Department of Commerce published a final rule in the Federal Register

amending Part 746.1(b) of the EAR requiring a license for the export or reexport of items 

controlled for "UN" reasons to countries subject to the United Nations (UN) arms embargoes. 

This rule also removed Rwanda from Part 746, thus conforming to the UN 

termination of prohibitions on the sale or supply of arms and arms-related materiel to Rwanda, 

pursuant to United Nations Security Council Resolution 1823. 

On August 10, 2012, President Obama signed into law the Iran Threat Reduction and Syria 

Human Rights Act of 2012, P.L. 112-158 (Act). Like the Comprehensive Iran Sanctions and 

Divestment Act of 2010 (CISADA), the Act amended the Iran Sanctions Act (ISA), which 

requires the President to impose certain sanctions on persons involved directly or indirectly in 

specified activities with Iran. The Act broadened the number of activities under which the 

sanction would require BIS to prohibit the issuance of licenses for export and reexport of items 

subject to the EAR to sanctioned persons, including non-U.S. persons. The activities prohibited 

by the ISA, as amended by the Act, include the provision of goods and services to Iran that assist 

distribution of 

human rights abuses and the provision of energy-related, insurance and reinsurance and shipping 

services. The Act also authorizes the imposition of sanctions pursuant to certain criteria on 

designated persons who participate in human rights abuses in Syria. The activities prohibited by 

restrict the free flow of information and commit human rights abuses. 

Toxic Chemicals, Chemical Precursors, Biological Agents and Associated Equipment, 

Technology, and Software 

On June 15, 2012, the Australia Group (AG) published on its website concerns 

regarding the ongoing violence in Syria. AG member countries noted that Syria continues to be 

a country of proliferation concern. Members agreed on the importance of increased vigilance 

with regard to dual-use exports to Syria and also agreed to subject exports to Syria to particular 

scrutiny. These agreements by the AG support existing United States sanctions against Syria. 
On July 2, 2012, the Department of Commerce published a final rule in the Federal Register (77 

FR 39162) to implement the understandings reached at the June 2011 plenary meeting of the AG. 

removed from 

chromoso

controls certain de novo chemically synthesized genetic material and artificially-produced 

organisms. 

The final rule also amended ECCN 2B350 (chemical manufacturing facilities and equipment) by 

adding a new Technical Note 3, at the end of the entry, to clarify that materials used for gaskets, 

packing, seals, screws or washers, or other materials performing a sealing function, do not 

determine the control status of the items listed in ECCN 2B350, provided that such components 

are designed to be interchangeable. This final rule also amended ECCN 2B350 to clarify certain 

control parameters for pumps. 

Missile Technology Controls 

In October 2012, the annual Plenary for the Missile Technology Control Regime (MTCR) was 

held in Berlin, Germany. During the Plenary, the United States highlighted the need for 

regionally-focused nonproliferation efforts from MTCR Partners and the importance of 

effectively implementing catch-all controls to impede the flow of non-listed items to missile 

programs of concern. The Plenary reached consensus on implementing a U.S. proposal for 

improving catch-all controls 

licensing and enforcement officers. 

The MTCR also held a Technical Experts meeting in conjunction with the Plenary to discuss 

changes to the MTCR control list. As a result of the Technical Experts meeting, several changes 

to the MTCR Annex were adopted that may necessitate modifications to the control text of 

certain ECCNs, such as 1C011, 9A101, and 9B105. 

Entity List 

 

BIS published a number of revisions to the Entity List in 2012. On April 18, 2012, BIS 

published a final rule in the Federal Register (77 FR 23114) that implemented the decision of the 

End-User Review Committee (ERC) to add three persons to the Entity List on the basis of 

Section 744.11 (license requirements that apply to entities acting contrary to the national security 

or foreign policy interests of the United States) of the EAR. The three entries added to the Entity 

List consisted of two persons in Canada and one person in Jordan. The ERC added the three 
persons on the basis of evidence that they engaged in violation of the license requirements for 

exports and reexports to Syria and violation of the embargo against Iran. 

On April 25, 2012, BIS published a final rule in the Federal Register (77 FR 24587) that 

implemented the decision of the ERC to add two persons located in France to the Entity List on 

the basis of Section 744.11 (license requirements that apply to entities acting contrary to the 

national security or foreign policy interests of the United States) of the EAR. The ERC added 

these two persons on the basis of evidence that a direct physical and corporate nexus existed 

between them and persons already on the Entity List and that such a nexus posed a high risk of 

violations of the EAR. This rule also implemented changes to the Entity List based on the 

, this 

rule removed two entities from the Entity List consisting of one entity from Germany and one 

entity from South Korea. It also removed one person from the U.A.E. from the Entity List; 

(also under the U.A.E). On the basis of decisions made by the ERC during the annual review, 

this rule also amended sixteen entries on the Entity List consisting of one entry under Armenia, 

three entries under Germany, ten entries under Iran, one entry under Lebanon, and one entry 

under Syria, to provide alternate addresses, alternate spellings for the names of the listed persons, 

and/or aliases. Finally, on the basis of decisions made by the ERC during the annual review, this 

rule added four persons to the Entity List, consisting of one person in Canada, one person in 

Egypt, one person in France, and one person in the United Kingdom. The decision to add these 

persons already on the Entity List. 

On April 27, 2012, BIS published a final rule in the Federal Register (77 FR 25055) that 

amended the EAR by adding sixteen persons under eighteen entries to the Entity List. The 

persons who were added to the Entity List had been determined by the U.S. Government to be 

acting contrary to the national security or foreign policy interests of the United States pursuant to 

Section 744.11 of the EAR. These persons were listed on the Entity List under the countries of 

Afghanistan, Pakistan and the U.A.E. The ERC determined to add these persons on the basis of 

their provision of support to persons engaged against U.S. and Coalition forces in Afghanistan. 

On May 14, 2012, BIS published a final rule in the Federal Register (77 FR 28250) that 

corrected three spelling errors and one typographical error in two previously published 2012 

Entity List Federal Register Notices. 

On September 19, 2012, BIS published a final rule in the Federal Register (77 FR 58006) that 

amended the EAR by adding six persons under eight entries to the Entity List. The persons who 

were added to the Entity List had been determined by the U.S. Government to be acting contrary 

to the national security or foreign policy interests of the United States pursuant to Section 744.11 

of the EAR. These persons were listed on the Entity List under Iran and the U.A.E. The ERC 
added two of the persons on the basis of evidence of violations of the embargo against Iran and 

of the prohibition against transactions with persons on the Denied Persons List. The ERC added 

the other four persons on the basis of evidence that they were unreliable recipients of U.S.-origin 

items. In addition, this rule removed one person from the Pakistan section of the Entity List, as 

the result of a request for removal submitted by the person, a review of information provided in 

the removal request in accordance with the EAR, and further review conducted by the ERC. 

Finally, this rule amended the Entity List on the basis of the annual review conducted by the 

ERC. This rule reflected the results of the annual review of entities located in Belarus, Canada, 

Lebanon, Malaysia, Pakistan, Singapore, South Africa, Taiwan, and the United Kingdom. On 

the basis of the annual review, this rule removed fourteen entries (one person located in China, 

three persons located in Egypt, eight persons located in Hong Kong, and two persons located in 

Kuwait); amended thirty-six other entries by providing alternate addresses, alternate spellings for 

the names of the listed persons, and/or aliases (three entries under Belarus, twelve entries under 

China, three entries under Malaysia, twelve entries under Pakistan, one entry under Singapore, 

and five entries under South Africa); and added three entries (two separate entries under China 

for two entities previously listed as aliases of an entity already on the Entity List and one entry 

under Uganda, on the basis of its affiliation with a person already on the Entity List). 

On October 9, 2012, BIS published a final rule in the Federal Register (77 FR 61249) that added 

164 persons under 165 entries to the Entity List. These additions to the Entity List consisted of 

one person under Belize; thirteen persons under Canada; two persons under Cyprus; one person 

under Estonia; eleven persons under Finland; five persons under Germany; one person under 

Greece; two persons under Hong Kong; one person under Kazakhstan; one hundred nineteen 

persons under Russia; two persons under Sweden; and seven persons under the United Kingdom, 

including six persons located in the British Virgin Islands. These persons were determined by 

the U.S. Government to have engaged in activities contrary to the national security or foreign 

policy interests of the United States. The ERC added these persons on the basis of evidence that 

they were active in a network of companies and individuals involved in the procurement and 

delivery of items subject to the EAR and the International Traffic in Arms Regulations (ITAR) to 

Russia in violation of the EAR and the ITAR. 

On November 29, 2012, BIS published a final rule in the Federal Register (77 FR 71097) that 

added two persons to the Entity List in Pakistan and revised one existing entry in the U.A.E. The 

ERC added the two persons on the basis of their provision of support to persons engaged against 

U.S. and Coalition forces in Afghanistan. The revision to one existing entry in the U.A.E. was to 

clarify the scope of the entry by providing an additional alias and alternate address for this listed 

person. 
Effective Enforcement of Controls 

BIS conducted a number of enforcement actions regarding noncompliance with export controls. 

The following five cases are among the most significant. 

The Parts Guys, LLC 

Aircraft Parts to Iran 

On October 26, 2011, Michael Edward Todd, owner of The Parts Guys, LLC, was sentenced to 

46 months in prison, three years supervised release, and a forfeiture of $160,362 shared with 

Hamid Seifi, an Iranian-born U.S. national and the owner of Galaxy Aviation Services, and The 

Parts Guys, LLC in connection with a conspiracy to export aircraft parts to Iran. On October 26, 

2011, The Parts Guys LLC was sentenced to a $400 special assessment and the shared $160,362 

forfeiture. On June 22, 2011, Galaxy Aviation Services was sentenced to a $400 special 

assessment and the shared forfeiture. On July 5, 2011, Seifi was sentenced to 56 months in 

prison; three years supervised release, a $12,500 criminal fine, a $200 special assessment and a 

forfeiture of $153,940 to be shared with Galaxy Aviation Services. In June 2011, BIS 

announced the addition of eight indicted defendants located in France, Iran and the United Arab 

Emirates (UAE) to the Entity List. Earlier in 2011, Todd, Seifi and Galaxy Aviation pled guilty 

to charges related to their roles in a conspiracy to violate the Arms Export and Control Act and 

International Emergency Economic Powers Act. Todd used his company to receive and fill 

orders for components from Seifi. Seifi and other entities in the UAE purchased components 

from Todd on the behalf of parties in Iran and conspired to export the components without 

obtaining the required export licenses from the U.S. Department of Commerce. The components 

included military parts for the Bell AH-1 attack helicopter, the UH-1 Huey attack helicopter, as 

well as the F-5 and F-4 fighter jets. This is a joint investigation with U.S. Immigration and 

Customs Enforcement and the Federal Bureau of Investigation. 

Rudolf Cheung 

Military Antennas to Singapore and Hong Kong 

On January 20, 2012, Rudolf Cheung, a resident of Massachusetts, pled guilty in U.S. District 

Court in the District of Columbia to conspiracy to violate the Arms Export Control Act. Cheung 

serves as the department head for research and development at a private antenna manufacturer. 

The antennas have military applications and are used by defense contractors or in the U.S. space 

ort compliance officer 

on exporting the antennas to Singapore and secretly conspired with others to sell the antennas for 

later export to Singapore. In 2007, Corezing International, a firm with offices in Singapore and 

Hong Kong, purchased 55 military antennae and Cheung exported the items. Cheung did not 

obtain a license from the U.S. Department of State for the exports. In 2011, Corezing was 

charged in a separate indictment in the District of Columbia in connection with the export of 

these military antennae to Singapore and Hong Kong. Corezing and its related individuals have 

also been charged with the export of 6,000 radio frequency modules through Singapore to Iran, 

some of which were later found in improvised explosive devices in Iraq. The United States has 
sought extradition of the individuals from Singapore. This is a joint investigation with U.S. 

Immigration and Customs Enforcement and the Federal Bureau of Investigation. Substantial 

assistance was provided by the U.S. Department of Defense, U.S. Customs and Border 

Protection and the U.S. Department of State Directorate of Defense Trade Controls. 

Sunrise Technologies and Trading Corporation/Jeng Shih 

Computer Equipment to Iran 

On October 7, 2011, Jeng Shih, owner of Sunrise Technology and Trading Company based in 

Flushing, NY, and Sunrise pled guilty in U.S. District Court in the District of Columbia to 

conspiracy to violate the International Emergency Economic Powers Act (IEEPA) and to defraud 

the United States. On October 11, 2011, BIS issued Final Orders denying the export privileges 

of Shih and Sunrise for 10 years (suspended) for their role in the illegal export of commodities to 

Iran. On February 17, 2012, Shih was sentenced to 18 months in prison; two years supervised 

release, forfeiture of $1.25 million shared with the company, and a $200 special assessment. 

Sunrise was sentenced to two years corporate probation, the shared forfeiture, and a $200 special 

assessment. Beginning in 2007, Shih, a U.S. citizen, conspired with a company operating in the 

UAE and Iran to procure U.S.-origin computers through Sunrise and export them through the 

UAE to Iran without obtaining the required license authorization from the Department of 

l export of 526 units of 

computer-related goods through the UAE to Iran. Later, the defendants caused an additional 185 

units of computer-related goods to be illegally exported to Iran via the UAE. This is a joint 

investigation with U.S. Immigration and Customs Enforcement. U.S. Customs and Border 

the investigation. 

ING Bank, N.V. 

Financial Transactions with Cuba and Iran 

On June 11, 2012, ING Bank N.V., a financial institution headquartered in Amsterdam, agreed to 

forfeit $619 million to the U.S. Department of Justice and the New York County District 

moving more than $2 billion in more than 20,000 transactions through the U.S. financial system 

on behalf of sanctioned Cuban and Iranian entities. ING Bank pled guilty to criminal 

information charging one count of conspiracy to violate the International Emergency Economic 

Powers Act and the Trading with the Enemy Act. The bank also entered into a parallel 

settlement agreement with OFAC which requires the bank to review policies and procedures, 

take risk-based sampling of U.S. dollar payments, and ensure its OFAC compliance program is 

functioning effectively. According to court documents, financial transactions occurred from the 

banking operations through third party countries wit

companies. ING Bank also purged payment data illegally, advised sanctioned clients on 

concealing operations, fabricate
conceal the activity. The investigation was initiated, in part, by a BIS investigation. ING Bank 

processed payments on behalf of Aviation Services International B.V., a Dutch company 

involved in illegal exports to Iran and the subject of BIS investigation. The investigation was 

conducted by the Federal Bureau of Investigation and the Internal Revenue Service. BIS and 

OFAC assisted in the investigation. 

Flowserve Corporation 

Pumps, Valves and Related Components to Iran and Syria 

On September 29, 2011, BIS issued Final Orders to Flowserve Corporation and ten of its foreign 

affiliates, who agreed to pay civil penalties totaling $2.5 million to settle 288 charges of violating 

the Export Administration Regulations. Additional civil penalties include requirements to 

conduct external audits of their compliance programs and submit the results to BIS. Flowserve is 

headquartered in Irving, TX, and is a supplier of goods and services to the oil, gas, chemical, and 

investigation significantly reduced the penalty amount. Between 2002 and 2008, Flowserve and 

its foreign affiliates made unlicensed exports and re-exports of pumps, valves and related 

components to a variety of countries including China, Singapore, Malaysia, and Venezuela. Six 

re-export of controlled items to Syria without the required U.S. Government authorization. The 

items were controlled by the U.S. Department of Commerce for reasons of chemical and 

biological weapons proliferation and required licenses for export. In a related case, the 

Departmen

Flowserve alleging 58 violations of its Iranian, Cuban and Sudanese sanctions programs. 

Flowserve agreed to pay a $502,408 civil penalty to resolve the OFAC charges. 

Part II: Format of Analysis Used in Chapters 2-13 of this Report 

Chapters 2-13 of this report describe the various export control programs maintained by the 

Department of Commerce for foreign policy reasons. Each of these programs is extended for 

another year. The analysis required for such an extension is provided in each chapter in the 

format described below. 

Export Control Program Description and Licensing Policy 

This section defines the export controls maintained for a particular foreign policy purpose that 

were imposed or extended for the year 2012. Each of the following chapters describes the 

licensing requirements and policy applicable to a particular control. 

Analysis of Controls as Required by Section 6(f) of the Act 

Section 6(f)(2) of the EAA requires that the Secretary of Commerce describe the purpose of the 

controls and consider or determine whether to impose, expand, or extend foreign policy controls 

based on specified criteria, including consultation efforts, economic impact, alternative means, 
are based on the following required criteria: 

A. The Purpose of the Controls 

This section provides the foreign policy purpose and rationale for each particular control. 

B. Considerations and Determinations of the Secretary of Commerce 

and considerations regarding the following 

criteria: 

1. Probability of Achieving the Intended Foreign Policy Purpose. Whether such controls 

are likely to achieve the intended foreign policy purpose in light of other factors, including the 

availability from other countries of the goods or technology subject to control, and whether the 

foreign policy purpose can be achieved through negotiations or other alternative means. 

2. Compatibility with Foreign Policy Objectives. Whether the controls are compatible with 

the foreign policy objectives of the United States and with overall U.S. policy toward the country 

or the proscribed end use that is subject to the controls. 

3. Reaction of Other Countries. Whether the reaction of other countries to the extension of 

such export controls by the United States is likely to render the controls ineffective in achieving 

the intended foreign policy purpose or to be counterproductive to other U.S. foreign policy 

interests. 

4. Economic Impact on United States Industry. Whether the effect of the controls on the 

export performance of the United States, its competitive position in the international economy, 

the international reputation of the United States as a reliable supplier of goods and technology, or 

the economic well-being of individual U.S. companies exceeds the benefit to U.S. foreign policy 

objectives.3

 

5. Effective Enforcement of Controls. Whether the United States has the ability to enforce 

the controls. Some enforcement issues are common to all foreign policy controls. Other 

enforcement issues are associated with only one or a few controls. 

3

 Limitations exist when assessing the economic impact of certain controls because of the unavailability of data or 

because of the influence of other factors, e.g., currency values, foreign economic activity, or foreign political 

regimes, which may restrict imports of U.S. products more stringently than the United States restricts exports. 
C. Consultation with Industry 

This section discusses the results of consultations with industry leading to the extension or 

imposition of controls. In a September 7, 2012, Federal Register notice (77 FR 55183), the 

Department of Commerce solicited comments from industry on the effectiveness of U.S. foreign 

policy-based export controls. In addition, comments were solicited from the public via the BIS 

website. 

on an ongoing basis and are not specific to this report. The comment period closed on October 9, 

2012, and three comments were received. A detailed review of the public comments can be 

found in Appendix I. 

D. Consultation with Other Countries 

This section reflects consultations on the controls with countries that cooperate with the United 

States on multilateral controls and with other countries as appropriate. 

E. Alternative Means

This section specifies the nature and results of any alternative means attempted to accomplish the 

foreign policy purpose, or the reasons for extending the controls without attempting any such 

alternative means. 

F. Foreign Availability 

This section considers the availability from other countries of goods or technology comparable to 

those subject to the proposed export control. It also describes the nature and results of the efforts 

made pursuant to Section 6(h) of the EAA to secure the cooperation of foreign governments in 

controlling the foreign availability of such comparable goods or technology. In accordance with 

the EAA, foreign availability considerations do not apply to export controls in effect prior to 

June 12, 1985, to export controls maintained for human rights and AT reasons, or to export 

controls in support of the international obligations of the United States. 
CHAPTER 2 

Crime Controls/Human Rights Controls 

(Sections 742.7, 742.11, 742.17)4

Export Control Program Description and Licensing Policy 

As required by Section 6(n) of the Export Administration Act of 1979, as amended (EAA), the 

United States controls the exports of crime control and detection items in support of human 

rights throughout the world. As set forth in the EAR, the U.S. Government requires a license to 

export most crime control and detection instruments, equipment, related technology, and 

software to all destinations, except Australia, Japan, New Zealand, and members of the North 

Atlantic Treaty Organization (NATO). Additionally, a license is required to export certain crime 

control items, including restraint type devices (such as handcuffs) and discharge type arms (such 

as stun guns), to all destinations except Canada. Specially designed implements of torture and 

thumbscrews, which are included in the crime control category, require a license for export to all 

destinations. In addition, the U.S. Government maintains concurrent export license requirements 

for certain crime control items in furtherance of the Inter-American Convention Against the 

Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other 

Related Materials. 

Licensing Policy 

The U.S. Government has a general policy of denial for license applications to export crime 

control items to a country in which the government engages in a consistent pattern of 

internationally recognized human rights violations. For other countries, the U.S. Government 

will consider applications for crime control items favorably, on a case-by-case basis, unless there 

is civil disorder in the country or region of concern, or there is evidence that the government may 

have violated human rights and that the judicious use of export controls would help to minimize 

regional instability, deter the development of a consistent pattern of such violations, or 

demonstrate U.S. Government opposition to such violations. 

4

 Citations following each of the foreign policy control programs refer to sections of the Export Administration 

Regulations (EAR), 15 CFR Parts 730-774, that describe the control program. 
Crime Control/Implements of Torture 

The U.S. Government has a policy of denial for any license application to export specially 

designed implements of torture such as thumbscrews. 

Following the 1989 military assault on demonstrators by the PRC government in Tiananmen 

Square, the U.S. Government imposed constraints on the export to the PRC of certain items on 

the CCL. Section 902(a)(4) of the Foreign Relations Authorization Act for Fiscal Year 1990-

1991, Public Law 101-246, suspends the issuance of licenses under Section 6(n) of the EAA for 

the export of any crime control or detection instruments or equipment to the PRC. The President 

may terminate the suspension by reporting to Congress that the PRC has made progress on 

political reform or that it is in the national interest of the United States to terminate the 

suspension. The President has not exercised his authority to terminate this suspension. 

NATO 

Certain crime control and detection instruments, equipment, related technology, and software 

may be exported to Australia, Japan, New Zealand, and members of NATO without a specific 

license, consistent with Section 6(n) of the EAA. 

Organization of American States Member Countries 

In April 1999, the Department of Commerce published a rule implementing the provisions of the 

Organization of American States (OAS) Model Regulations for the Control of the International 

Movement of Firearms. The Department of Commerce designed these regulations to harmonize 

import and export controls on the legal international movement of firearms among OAS member 

states and to establish procedures to prevent the illegal trafficking of firearms among these 

countries. 

Under these provisions, the Department of Commerce maintains foreign policy controls on 

exports of Commerce-controlled firearms, including shotguns with a barrel length of 18 inches or 

over and parts, buckshot shells, shotgun shells and parts, and optical sighting devices to all OAS 

member 

OAS Model Regulations for the Control of the International Movement of Firearms, the U.S. 

Government requires an Import Certificate (IC) for the export to OAS member countries of those 

items affected by the regulations. In general, the Department approves license applications for 
the export of firearms to OAS member countries if the applications are supported by ICs. The 

Department has a policy of denying applications that involve end uses linked to drug trafficking, 

terrorism, international organized crime, and other criminal activities. 

Other Licensing Considerations 

The Department of State annually compiles the Country Reports on Human Rights Practices. 

The Department of State prepares these reports in accordance with Sections 116(d) and 502B(b) 

of the Foreign Assistance Act of 1961 for submission to Congress. The factual information 

presented in these reports is a significant element in dual use export licensing recommendations 

made by the Department of State. In accordance with the Foreign Assistance Act, there is a 

policy of denial for license applications to export crime control items to any country in which the 

government engages in a consistent pattern of violations of internationally recognized human 

rights. 

Applications to export crime control items to countries that are not otherwise subject to 

economic sanctions or comprehensive embargoes, but that are identified by the Department of 

State as human rights violators, receive additional scrutiny in the license review process. The 

Department of State reviews all license applications for these countries on a case-by-case basis 

and makes recommendations to Commerce as it considers appropriate. Additionally, targeted 

(OFAC) are currently imposed against certain countries and individuals. 

The International Religious Freedom Act of 1998 (IRFA) calls upon the President to take 

diplomatic or other appropriate action with respect to any country that engages in or tolerates 

violations of religious freedom. IRFA provides for the imposition of economic measures or 

commensurate actions when a country has engaged in systematic, ongoing, egregious violations 

of religious freedom accompanied by flagrant denials of the rights to life, liberty, or the security 

of persons, such as torture, enforced and arbitrary disappearances, or arbitrary prolonged 

detention. For such countries, IRFA provides that the Department of Commerce, with the 

crime control or detection, and require export licenses for items that are being used, or are 

intended for use, directly and in significant measure, to carry out particularly severe violations of 

religious freedom. In addition, IRFA requires that countries engaging in particularly severe 

violations of religious freedom be designated as Countries of Particular Concern. The Secretary 

of State has currently designated eight countries as Countries of Particular Concern: Burma, the 

PRC, Eritrea, Iran, North Korea, Saudi Arabia, Sudan, and Uzbekistan. These countries are 

subject to the limitations of the IRFA for exports of crime-controlled items. 
Analysis of Controls as Required by Section 6(f) of the Export Administration Act 

A. The Purpose of the Controls 

These controls seek to ensure that U.S.-origin crime control equipment is not exported to 

countries where governments fail to respect internationally recognized human rights or where 

civil disorder is prevalent. Denial of export license applications for crime-controlled items to 

such countries helps to prevent human rights violations and clearly signals U.S. concerns about 

human rights in these countries. The license requirements for most destinations allows close 

monitoring of exports of crime control items that could be misused to commit human rights 

violations. Controls on implements of torture similarly help to ensure that such items are not 

exported from the United States. 

B. Considerations and Determinations of the Secretary of Commerce 

1. Probability of Achieving the Intended Foreign Policy Purpose. The Secretary has 

determined that these controls are likely to achieve the intended foreign policy purpose, in light 

of factors such as the foreign availability of relevant items, and that the foreign policy purpose 

cannot fully be achieved through negotiations or other alternative means. The lack of 

complementary controls over all of these items by other producer nations limits the effectiveness 

of these controls in preventing human rights violations, though some countries notably those of 

the European Union (EU) control exports of implements of torture or of lethal items. 

-origin goods and 

provide important evidence of U.S. support for the principles of human rights. In addition, 

stringent licensing requirements for crime control items enable the U.S. Government to closely 

monitor items that could be used to violate internationally-recognized human rights. 

2. Compatibility with Foreign Policy Objectives. The Secretary has determined that crime 

controls are compatible with U.S. foreign policy objectives and that the extension of this control 

program will not have significant adverse foreign policy consequences. This control program is 

fully consistent with U.S. policy in support of internationally recognized human rights, as 

expressed by successive Administrations and by Congress. 

3. Reaction of Other Countries. The Secretary has determined that any adverse reaction to 

these controls is not likely to render the controls ineffective, nor will any adverse reaction by 

other countries be counterproductive to U.S. foreign policy interests. These controls are unique, 

serve a distinct foreign policy purpose, and arise out of deeply-held convictions of the U.S. 

Government. Currently, other countries do not have completely equivalent controls, but many 

have restrictions on exports of lethal products to areas of civil unrest. 
4. Economic Impact on U.S. Industry. The Secretary has determined that any adverse 

effect of these controls on the economy of the United States, including on the competitive 

position of the United States in the international economy, does not exceed the benefit to U.S. 

foreign policy objectives. In fiscal year 2012, the Department of Commerce approved 5,033 

export license applications valued at $1.1 billion for crime control items. Table 1 lists the total 

number and value (by ECCN) of export licenses that the U.S. Government issued for crime 

control items during fiscal year 2012. No totals are provided in Table 1 because some license 

applications contain more than one ECCN. A cumulative sum in the Table would reflect a 

double count of the applications that contain more than one ECCN. 

Table 1: Crime Control Applications Approved, Fiscal Year 2012 

ECCN Items Controlled Applications 

Approved 

$ Value 

0A978 Law enforcement striking 

weapons 

139 $9,259,933 

0A979 Police helmets and shields 151 $39,313,827 

0A982 Restraint devices, e.g., leg irons, 

shackles, handcuffs 

379 $64,835,741 

0A984 Shotguns and buckshot shotgun 

shells 

1,113 $77,157,201 

0A985 Discharge type arms (stun guns, 

shock batons, etc.) 

342 $102,286,051 

0A987 Optical sighting devices for 

firearms 

2,086 $233,232,706 

0E982 Technology for Restraint 

Devices 

5 $20,151 

0E984 Technology for items under 

0A984 

4 $41 

1A984 Chemical agents including tear 

gas containing 1% or less of CS 

or CN 

101 $7,838,752 

1A985 Fingerprinting powders, dyes, 

and inks 

180 $56,809,297 

3A980 Voice print identification and 

analysis equipment 

7 $2,050,670 
ECCN Items Controlled Applications 

Approved 

$ Value 

3A981 Polygraphs, fingerprint 

analyzers, cameras, and 

equipment 

593 $367,403,202 

3D980 Software for items under 3A980 

and 3A981 

449 $123,197,204 

3E980 Technology for items under 

3A980 and 3A981 

48 $125,942 

4A003* Digital computers for 

computerized fingerprint 

equipment only 

11 $15,585,040 

4A980 Computers for fingerprint 

equipment 

7 $5,013,328 

4D001* Software for items under 4A003 

only 

146 $146 

4D980 Software for items under 4A980 4 $725,007 

4E001* Technology for items under 

4A003 and 4D001 only 

198 $197 

6A002.c* Police-model Infrared Viewers 16 $7,123,331 

6E001* Technology for Police-model 

Infrared Viewer Development 

14 $1,510 

6E002* Technology for Police-model 

Infrared Viewer Production 

12 $844 

9A980 Non-military mobile crime 

science laboratories 

2 $1,115,724 

NOTES: (1) ECCNs marked with an asterisk (*) denote items that are controlled for other 

reasons in addition to crime control. (2) BIS did not approve any applications during the 

relevant period for crime-controlled items under ECCNs 0A983 (specially designed implements 

of torture) and 4E980 (technology for computers for fingerprint equipment). 

In fiscal year 2012, the Department of Commerce denied 25 applications for crime control items 

with a total value of $15.9 million: 
Table 2: Crime Control Applications Denied, Fiscal Year 2012 

ECCN Description Applications 

Denied

$ Value

0A978 Saps 3 $150,000 

0A982 Restraint devices, e.g., leg irons, shackles, 

handcuffs 

3 $56,000 

0A984 Shotguns and buckshot shotgun shells 5 $47,413 

0A985 Discharge type arms (stun guns, shock batons, 

etc.) 

2 $14,501,800 

0A987 Optical sighting devices for firearms 5 $1,152,173 

0E982 Technology for Restraint Devices 1 $5,000 

3A981 Polygraphs, fingerprint analyzers, cameras, and 

equipment 

1 $72,500 

3D980 Software for items under 3A980 and 3A981 1 $1 

6E001* Technology for Police-model Infrared Viewer 

Development 

2 $2 

6E002* Technology for Police-model Infrared Viewer 

Production 

2 $2 

NOTES: (1) ECCNs marked with an asterisk (*) denote items that are controlled for other 

reasons in addition to crime control. (2) No total is provided as this would double count items on 

license applications that contain more than one ECCN. 

In fiscal year 2012, the Department of Commerce approved 1,513 export license applications 

valued at $177.1 million for items affected by the foreign policy controls on firearms and 

ammunition instituted in 1999 in support of the OAS Model Regulations: 
Table 3: Applications for Firearms, Ammunition and Sights to OAS Countries Approved, 

Fiscal Year 2012 

ECCN Items Controlled Applications 

Approved 

$ Value 

0A984 Shotguns and buckshot 

shotgun shells 

831 $64,303,141 

0A986 Other shotgun shells 258 $26,280,232 

0A987 Optical sighting devices 

for firearms 

424 $86,538,401 

TOTAL5

 1,513 $177,121,774 

5. Effective Enforcement of Controls. The Secretary has determined that the United States 

has the ability to enforce these controls effectively. Crime control items and implements of 

torture are easily recognizable and do not present special enforcement problems related to 

detecting violations or verifying use. However, enforcement cooperation with other countries 

generally is difficult in cases involving unilaterally controlled items such as these, and often 

depends on the type and quantity of goods in question. The U.S. Government conducts postshipment verifications to ensure that the listed end-user has received the exports and to confirm 

that the end-user is using the controlled items in a way consistent with the license conditions. 

C. Consultation with Industry

In a September 7, 2012 Federal Register notice (77 FR 55183), the Department of Commerce 

solicited comments from industry and the public on the effectiveness of U.S. foreign policybased export controls. In addition, comments were solicited from the public via the BIS website. 

The comment period closed on October 9, 2012. A detailed review of all public comments 

received can be found in Appendix I. 

The Department of Commerce consults with the Regulations and Procedures Technical Advisory 

Committee, one of seven technical advisory committees that advise BIS, in preparation for 

publication of major regulatory changes affecting crime controls. In addition, the Department of 

Commerce has consulted with exporters of crime control items and with human rights groups 

concerned about the potential for misuse of such items in various parts of the world. BIS has 

5

 Items in ECCN 0A986 are controlled only for Firearms Convention reasons. Items in ECCNs 0A984 and 0A987, 

however, are controlled both for Firearms Convention and Crime Control reasons. The statistics in this table for 

ECCNs 0A984 and 0A987 are a subset of the Crime Control statistics provided in Table 1 of this Chapter. 
frequent consultations with exporters about specific items proposed for export to specific end 

users and for specific end uses. 

D. Consultation with Other Countries 

Most other countries that supply crime control and detection items have not imposed similar 

export controls. The United Kingdom and Canada maintain controls similar to U.S. controls on 

certain crime control commodities. Certain European Union member states prohibit or impose 

an authorization requirement on the export of dual-use items not covered by the multilateral 

export control regimes for reasons of public security or human rights considerations. 

E. Alternative Means 

Section 6(n) of the EAA requires the Department of Commerce to maintain export controls on 

crime control and detection equipment. Attempting to achieve the purposes of the crime control 

restrictions through negotiations or other alternative means would not meet this requirement. 

The U.S. Government does, however, use diplomatic efforts, sanctions, and other means to 

convey its concerns about the human rights situation in various countries. 

F. Foreign Availability 

The foreign availability provision does not apply to Section 6(n) of the EAA.6

 Congress has 

recognized the usefulness and symbolic value of these controls in supporting U.S. Government 

policy on human rights issues, foreign availability notwithstanding. 

6

 Provisions pertaining to foreign availability do not apply to export controls in effect before July 12, 1985, under 

Sections 6(i) (International Obligations), 6(j) (Countries Supporting International Terrorism), and 6(n) (Crime 

Control Instruments). See the Export Administration Amendments Act of 1985, Public Law No. 99-64, Section 

108(g)(2), 99 Stat. 120, 134-35. Moreover, Sections 6(i), 6(j), and 6(n) require that controls be implemented under 

certain conditions without consideration of foreign availability. 
CHAPTER 3 

Regional Stability 

(Section 742.6) 

Export Control Program Description and Licensing Policy 

Regional Stability (RS) controls ensure that exports and reexports of controlled items do not 

contribute to the destabilization of the region to which the items are destined. These controls 

traditionally cover items specially designed or modified for military purposes and certain dualuse items that can be used to manufacture military equipment. 

License Requirements and Licensing Policy 

RS Column 1 

Section 742.6 of the Export Administration Regulations (EAR) requires a license for RS reasons 

(RS Column 1 on the CCL) to export certain image-intensifier tubes, infrared focal plane arrays, 

certain imaging cameras incorporating image-intensifier tubes and infrared focal plane arrays, 

certain software and technology for inertial navigation systems, gyroscopes, accelerometers, 

micro and millimeter wave electronic components, to all destinations except Canada. These 

items are included in Export Control Classification Numbers (ECCNs) 0A919, 3A982, 3D982, 

3E982, 6A008.j.1, 6A998.b, 6D001.j.1, 6D002, 6D003.c, 6D991, 6E001, 6E002, 6E991, 7A994, 

7D001, 7E001, 7E002, and 7E101. 

The U.S. Government reviews all license applications for these items on a case-by-case basis to 

U.S. foreign policy interests. 

RS Column 2 

In addition, Section 742.6 of the EAR imposes a license requirement for RS reasons (RS Column 

2 on the CCL) to export explosives detection equipment and related software and technology, 

military-related items (e.g., searchlights, bayonets, certain vehicles and trainer aircraft), 

concealed object detection equipment, and certain commodities used to manufacture military 

equipment to all destinations except member nations of the North Atlantic Treaty Organization 

(NATO), Australia, Japan, and New Zealand. These items are described on the CCL under 

ECCNs 0A918, 0E918, 1A004.d, 1B018.a, 1D003, 1E001, 2A983, 2A984, 2B018, 2D983, 
2D984, 2E983, 2E984, 8A918, and 9A018.a and .b, 9D018, and 9E018. The U.S. Government 

will generally consider applications for such licenses favorably, on a case-by-case basis, unless 

the export would significantly affect regional stability. For explosives detection equipment and 

related technology classified under ECCNs 2A984, 2D984, and 2E984, license applications are 

reviewed with a presumption of approval when destined for a government end-user in Austria, 

Cyprus, Finland, Ireland, Israel, Malta, Mexico, Singapore, or Sweden. 

RS Controls for Certain Exports to Iraq 

In addition, there are RS controls in place for certain items when exported or reexported to Iraq 

(or transferred within Iraq). These items are covered under the following ECCNs: 0B999 

(specific processing equipment such as hot cells and glove boxes suitable for use with 

radioactive materials); 0D999 (specific software for neutronic calculations, radiation transport 

calculations, and hydrodynamic calculations/modeling); 1B999 (specific processing equipment, 

such as electrolytic cells for fluorine production and particle accelerators); 1C992 (commercial 

charges containing energetic materials, not elsewhere specified); 1C995 (certain mixtures and 

testing kits); 1C997 (ammonium nitrate); 1C999 (specific materials, not elsewhere specified); 

and 6A992 (optical sensors not controlled under ECCN 6A002). The licensing policy for these 

items is set forth in Section 746.3 of the EAR, and is consistent with the broader controls 

maintained on Iraq. These controls are discussed in more detail in Chapter 5 of this report. 

RS Controls for Certain Thermal Imaging Cameras 

Special RS Column 1 requirements apply to certain thermal imaging cameras classified under 

ECCN 6A003b.4.b. Export and reexport license requirements and license review policies for 

these products vary depending on certain technical specifications of the cameras as well as the 

proposed end uses. Almost all cameras controlled by ECCN 6A003.b.4.b are controlled under 

Regional Stability Column 1 (RS1) and require an export or reexport license for all destinations 

other than Canada. Cameras classified under ECCN 6A003.b.4.b are subject to a more favorable 

licensing policy, however, if they are packaged for civil end use and destined only for Albania, 

Australia, Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, 

Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, 

Luxembourg, Malta, the Netherlands, New Zealand, Norway, Poland, Portugal, Romania, 

Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, Turkey, or the 

United Kingdom. A license is required to export or reexport to Hong Kong any item classified 

under ECCN 6A003.b.4.b. 

Cameras controlled by ECCN 6A003.b.4.b that fall below certain technical thresholds are 

controlled at the lower Regional Stability control level (RS2) when fully packaged for use as a 

consumer-ready civil product. Applications to export or reexport these cameras will be 
considered favorably unless there is evidence the export or reexport would contribute 

significantly to the destabilization of the region to which the camera is destined or is otherwise 

not authorized by U.S. law. 

There is also a license requirement on reexports of military commodities produced outside of the 

United States that incorporate one or more cameras controlled under ECCN 6A003.b.4.b. These 

products are controlled in ECCN 0A919 and are subject to RS Column 1 controls. Reexports of 

these military commodities require a license to all destinations except Canada, unless the military 

commodities are being reexported as part of a military deployment by a unit of the governments 

of Albania, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, the Czech Republic, 

Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, 

Latvia, Lithuania, Luxembourg, Malta, the Netherlands, New Zealand, Norway, Poland, 

Portugal, Romania, Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, 

Turkey, the United Kingdom, or the United States. Applications for reexports of these military 

commodities will be reviewed applying policies for similar commodities that are subject to the 

International Traffic in Arms Regulations (22 CFR parts 120-130). 

Summary of 2012 Developments 

In FY 2012, two regulations were published that expanded Regional Stability controls. These 

new controls apply to new ECCNs 3A982, 3D982 and 3E982 and to the newly created series of 

ECCNs, 0Y521 (Items Not Elsewhere Listed on the CCL). 

Specifically, the Department of Commerce published on January 9, 2012, a final rule in the 

Federal Register

export controls on certain high electron mobility transistors and monolithic microwave integrated 

circuits which are listed in new ECCN 3A982, with related software and technology captured in 

ECCNs 3D982 and 3E982. 

On April 13, 2012, the Department of Commerce published a final rule in the Federal Register 

(77 FR 22191) that established a new ECCN 0Y521 series on the Commerce Control List. These 

are items subject to the EAR that are not listed elsewhere in the CCL, but which the Department 

of Commerce, with the concurrence of the Departments of Defense and State, has determined 

should be controlled for export because the items provide a significant military or intelligence 

advantage to the United States or other foreign policy reasons justify such a control. While an 

item is temporarily classified under ECCN 0Y521, the U.S. Government will work to adopt a 

control through the relevant multilateral regime and to determine an appropriate longer term 

control over the item. Items classified under an ECCN 0Y521 must be re-classified under 

another ECCN within one year (with the possibility for extension while multilateral controls are 
being sought). Items in ECCN 0Y521 are subject to Regional Stability Column 1 (RS1) 

controls. 

In addition, the Export Control Reform (ECR) initiative, currently in progress, proposes a new 

regulatory construct for the transfer of items on the United States Munitions List (USML) to the 

Commerce Control List (CCL) that, in accordance with section 38(f) of the Arms Export Control 

Act (AECA) (22 U.S.C. 2778(f)(1)), the President determines no longer warrant control under 

the AECA. These items would be controlled under the EAR once the congressional notification 

requirements of section 38(f) and corresponding amendments to the International Traffic in Arms 

Regulations (ITAR) (22 CFR parts 120-130) and the EAR are completed. On July 15, 2011, the 

Department of Commerce published a proposed rule in the Federal Register (76 FR 41958) 

implementing these structural changes to the EAR for the items that are moved from the USML 

to the CCL and that will be subject to Department of Commerce licensing authority. The rule 

proposes that these items under new ECCNs will be controlled for Regional Stability (RS) and 

Anti-Terrorism (AT) reasons in addition to other control reasons that will be specified in 

subsequent rules. 

The following is a list of proposed rules published by BIS during 2012 that would transfer 

certain categories of items from the USML to the CCL; all these rules propose Regional Stability 

controls on these items, in addition to other controls, as appropriate. These rules have not yet 

been published in final form. 

On May 2, 2012, the Department of Commerce published a proposed rule in the Federal 

Register Regulations (EAR): 

Control of Energetic Materials and Related Articles the President Determines No Longer 

On May 18, 2012, the Department of Commerce published a proposed rule in the Federal 

Register

and Miscellaneous Items that No Longer Warrant Control Under the United States 

On June 7, 2012, the Department of Commerce published a proposed rule in the Federal 

Register

Control of Personal Protective Equipment, Shelters, and Related Items the President 

Determines No Longer Warrant Control Under the United States Munitions List 
On June 13, 2012, the Department of Commerce published a proposed rule in the Federal 

Register (77 

Control of Military Training Equipment and Related Items the President Determines No 

On June 19, 2012, the Department of Commerce published a proposed rule in the Federal 

Register 

On June 21, 2012, the Department of Commerce published a proposed rule in the Federal 

Register 

(EAR): Implementation of Export Control Reform; Revisions to License Exceptions 

On November 28, 2012, the Department of Commerce published a proposed rule in the 

Federal Register

(EAR): Control of Military Electronic Equipment and Related Items the President 

Determines No Longer Warrant Control Under the United States Munitions List 

On November 29, 2012, the Department of Commerce published a proposed rule in the 

Federal Register o the Export Administration Regulations 

In addition, several regulations were published in proposed form in calendar year 2011 that 

would transfer certain categories of items from the USML to the CCL. These rules also propose 

Regional Stability Controls on these items. These rules have not yet been published in final 

form. 

On November 7, 2011, the Department of Commerce published a proposed rule in the 

Federal Register Revisions to the Export Administration 

Regulations (EAR): Control of Aircraft and Related Items the President Determines No 

On December 6, 2011, the Department of Commerce published a proposed rule in the 

Federal Register Revisions to the Export Administration 

Regulations (EAR): Control of Gas Turbine Engines and Related Items the President 

Determines No Longer Warrant Control Under the United States Munitions List 

(USML
On December 6, 2011, the Department of Commerce published a proposed rule in the 

Federal Register Revisions to the Export Administration 

Regulations (EAR): Control of Military Vehicles and Related Items that the President 

Determines No Longer Warrant Control on the United States Munitions List (USML)

On December 23, 2011, the Department of Commerce published a proposed rule in the 

Federal Register 

Regulations (EAR): Control of Vessels of War and Related Articles the President 

Determines No Longer Warrant Control Under the United States Munitions List 

 

On December 23, 2011, the Department of Commerce published a proposed rule in the 

Federal Register 

Regulations (EAR): Controls Applicable to Submersible Vessels, Oceanographic 

Equipment and Related Articles that the President Determines No Longer Warrant 

Control under the United States Munitions List (USML) 

Analysis of Controls as Required by Section 6(f) of the Export Administration Act 

A. The Purpose of the Controls 

Regional Stability controls provide a mechanism for the U.S. Government to monitor the export 

of controlled items, to restrict their use in instances that would adversely affect regional stability 

or the military balance within a region, and to protect the national security and foreign policy 

interests of the United States. 

B. Considerations and Determinations of the Secretary of Commerce 

1. Probability of Achieving the Intended Foreign Policy Purpose. The Secretary has 

determined that these controls are likely to achieve the intended foreign policy purpose, although 

most of these items are increasingly available from abroad. The Secretary has also determined 

that the foreign policy purpose cannot fully be achieved through negotiations or other alternative 

means, and that some of the items subject to these controls are also controlled, as a result of 

international negotiations, by U.S. partners in the Wassenaar Arrangement and the Missile 

Technology Control Regime (MTCR). Regional stability controls contribute to U.S. national 

security and foreign policy objectives by enabling the United States to restrict the use or 

availability of certain sensitive U.S.-origin goods and technologies that would adversely affect 

regional stability or the military balance in certain areas. 
2. Compatibility with Foreign Policy Objectives. The Secretary has determined that these 

controls are compatible with U.S. foreign policy objectives and that the extension of these 

controls will not have any significant adverse foreign policy consequences. Regional stability 

controls are consistent with U.S. foreign policy goals to promote peace and stability and prevent 

U.S. exports that might contribute to weapons production, destabilizing military capabilities, or 

acts of terrorism. 

3. Reaction of Other Countries. The Secretary has determined that any adverse reaction to 

these controls is not likely to render the controls ineffective, nor will any adverse reaction by 

other countries be counterproductive to U.S. foreign policy interests. A number of other 

countries limit exports of items and technologies with military applications to areas of concern, 

recognizing that such items and technologies could adversely affect regional stability and 

military balances. For example, each member country of the Wassenaar Arrangement has its 

own national controls on the export of certain night vision devices. All members of the MTCR 

maintain controls on software and technology related to missile guidance and control devices. 

Although other countries may object to new unilateral RS controls, allies and partners of the 

United States support U.S. efforts against regional conflict and terrorism and appreciate the need 

to keep certain equipment and technologies from those who could misuse the items to destabilize 

countries or regions. 

4. Economic Impact on U.S. Industry. Although the Secretary has determined that the 

adverse effect of these controls on the economy of the United States, including on the 

competitive position of the United States in the international economy, does not exceed the 

benefit to U.S. foreign policy objectives, the controls on cameras controlled by ECCN 6A003, 

which exceed the controls on similar products imposed by other producing countries, have 

significantly and adversely affected the competitiveness of this industry sector. Cameras 

controlled by ECCN 6A003 account for a large percentage of RS-controlled exports. Items 

controlled for RS reasons generally require licenses for export to all destinations except NATO 

countries, Australia, Japan, and New Zealand. However, certain RS-controlled items, including 

those controlled concurrently for Missile Technology reasons as well as cameras controlled 

under ECCN 6A003, require licenses for export to all destinations except Canada. 

RS Column 1 Controls 

In fiscal year 2012, the Department of Commerce approved 556 license applications for items 

controlled for RS1 reasons, with a total value of $102.3 million. There were 7 license 

applications rejected for items controlled for RS1 reason, with a total value of $323,365. These 

included denials for exports of items in ECCNs 0A919 (3 applications), 3A982 (1), and 6A003 

(3). 

 
Most of the licensing volume and value for RS1-controlled items is accounted for by exports of 

thermal imaging cameras in ECCN 6A003 (403 licenses valued at $97.5 million). However, the 

licensing activity for this ECCN is significantly less than in past years. As recently as FY 2009, 

BIS approved over 1,000 licenses for 6A003 items. Last year, BIS approved 491 licenses for 

6A003 items. This decrease in license volume is due at least in part to the revision of controls on 

certain thermal imaging cameras that took effect in May 2009 in recognition of the emerging 

availability of these cameras around the world and the export licensing practices of other 

governments. 

The table that follows lists the total number and value by ECCN of export licenses that the 

Department of Commerce issued for regional stability (RS1) during fiscal year 2012: 

Table 1a: Regional Stability Applications Approved, Fiscal Year 2012 

RS Column 1 Controls 

ECCN Description Number of 

Applications 

Dollar Value 

0A521 Commodities Not Subject to the E.A.R., 

which provide a significant military or 

intelligence advantage 

3 $15,000 

0B521 Commodities Not Subject to the E.A.R., 

which provide a significant military or 

intelligence advantage 

0 0 

0C521 Materials Not Subject to the E.A.R., which 

provides a significant military or 

intelligence advantage 

0 0 

0D521 Software Not Subject to the E.A.R., which 

provides a significant military or 

intelligence advantage 

0 0 

0A919 Military commodities produced outside the 

U.S. incorporating 6A003b.4.b cameras 

22 $3,693,996 

3A982 Micro or Millimeter Wave Components 3 $255,050 

3D982 Software for development or production of 

3A982 

0 0 
ECCN Description Number of 

Applications 

Dollar Value 

3E982 Technology for development or production 

of 3A982 

0 0 

6A002.a.1, 

a.2., a.3, c, e 

Optical detectors and direct view imaging 

equipment incorporating image intensifier 

tube or focal plane arrays 

6 $729,614 

+6A003.b.3, 

b.4 

Imaging cameras incorporating image 

intensifiers or focal plan arrays 

403 $97,532,131 

6A008.j.1 Space-qualified LIDAR equipment 0 0 

6A998.b Space-qualified LIDAR equipment for 

meteorological observation 

0 0 

6D001 Software for development/ production of 

RS-controlled items in 6A002.a.1, a.2, a.3, 

c; 6A03.b.3 and 6A008.j 

3 $3 

6D002 Software for the use of 6A002.a.1, a.2, a.3, 

c; 6A03.b.3 and 6A008.j 

3 $3 

+

6D003.c Software for cameras with focal plane arrays 1 $14,000 

6D991 Software for development/ production/use 

of 6A002.e or 6A998.b 

0 0 

6D994 Software for cameras with focal plane arrays 0 0 

+

6E001 Technology for the development of RScontrolled items in 6A002, 6A003, and 

6A008 

14 $1,510 

+

6E002 Technology for the production of RScontrolled items in 6A002, 6A003, and 

6A008 

12 $844 

6E991 Technology for development/production/ 

use of 6A998b 

0 0 

7A994 QRS-11 Sensors 0 0 +

7D001 Software for the development or production 

inertial navigation systems 

1 $10,00 
ECCN Description Number of 

Applications 

Dollar Value 

+

7E001 Technology for the development of inertial 

navigation systems, inertial equipment and 

specially designed components for civil 

aircraft 

54 $71,579 

+

7E002 Technology for the production of inertial 

navigation systems, inertial equipment and 

specially designed components for civil 

aircraft 

7 $1,553 

+

7E101 Technology for the use of inertial navigation 

systems 

23 $27,062 

TOTAL 556 $102,352,345 

NOTES: + 1 

controls, but the total number of licenses and dollar value for the complete ECCN are given. In 

most cases, the subcategories under these ECCNs that are not controlled for regional stability 

reasons are minimal. 

RS Column 2 Controls 

Explosives detection equipment in ECCN 2A983 and military trainer aircraft and vehicles in 

ECCN 9A018 account for the bulk of licenses controlled for RS2 reasons. There were 854 total 

approved licenses for RS2 controlled items with a total value of $1.2 billion. Five licenses were 

denied for RS2 controlled items in FY12 all for ECCN 9A018 items with a total value of 

$1,368,850.7

The table that follows lists the total number and value by ECCN of export licenses that the 

Department of Commerce issued for regional stability (RS2) applications during fiscal year 

2012: 

7

Only a portion of the ECCN 9A018 is subject to RS2 controls, but the total number of licenses 

and dollar value for the complete ECCN are given. In most cases, the subcategories under these 

ECCNs that are not controlled for regional stability reasons are minimal.
Table 1b: Regional Stability Applications Approved, Fiscal Year 2012 

RS Column 2 Controls 

ECCN Description Number of 

Applications 

Dollar Value 

0A918 Military Equipment not on the Wassenaar 

Munitions List 

51 $31,347,047 

0E918 Technology for the development, 

production or use of bayonets 

0 0 

*1A004.d Explosives detection equipment 0 0 

1B018.a Equipment for production of military 

explosives 

2 $293,959 

+1D003 Software for equipment for production of 

military explosives 

41 $815,335 

*1E001 Technology for equipment for production 

of military explosives 

0 0 

2A983 Explosives detection equipment 126 $118,995,174 

2A984 Concealed object detection equipment 0 0 

2B018 Equipment on the Wassenaar Munitions 

List 

8 $1,492,731 

2D983 Software for equipment in 2A983 79 $10,566,663 

2D984 Software for equipment in 2A984 0 0 

2E983 Technology for equipment in 2A983 60 $808,268 
ECCN Description Number of 

Applications 

Dollar Value 

2E984 Technology for equipment in 2A984 0 0 

8A918 Marine boilers 0 0 

+

9A018.a, 

b 

Military trainer aircraft and vehicles 

designed or modified for military use 

445 $1,053,301,891 

+

9D018 Software for the use of items in 9A018.a.,b 0 0 

+

9E018 Technology for the development or 

production of items in 9A018.a.,b 

42 $1,166,606 

TOTAL 854 $1,218,737,674 

NOTES: + 2 

controls, but the total number of licenses and dollar value for the complete ECCN are given. In 

most cases, the subcategories under these ECCNs that are not controlled for RS reasons are 

items not controlled for RS reasons; it is not possible to separate out the RS-controlled portion 

for statistical purposes. 

With regard to the special regional stability controls in place for Iraq, BIS licensed a total of 33 

applications valued at $2,217 million. The majority of these applications (25 with a value of 

$2,211 million) were for oil well perforators under ECCN 1C992. Other applications were for 

1B999 (7 licenses) and 1C999 (1 license) items. There were no denials for RS controlled items 

for Iraq in FY 2012. 

5. Effective Enforcement of Controls. The Secretary has determined that the United States 

has the ability to enforce these controls effectively. Image intensifier tubes, infrared focal plane 

arrays, certain software and technology for inertial navigation systems, gyroscopes, and 

accelerometers, and other items controlled for RS purposes are almost all subject to multilateral 

controls for either National Security (NS) or Missile Technology (MT) reasons, though in these 

instances the RS control is redundant. 
Other RS controls cover items of lower level technologies that have been de-controlled by the 

multilateral regimes and are widely available from other exporting countries. The Department of 

Commerce effectively enforces RS controls by focusing on preventive enforcement, using 

regular outreach efforts to keep businesses informed of U.S. concerns, and gathering leads on 

activities of concern. Additionally, exporters are required to report to BIS on exports of thermal 

imaging cameras decontrolled by the May 2009 regulatory change, enabling BIS to verify that 

the cameras continue to be sold to appropriate end-users and that the changes in controls are not 

jeopardizing U.S. national security or foreign policy interests. Given the enhanced anti-terrorism 

and national security efforts of the U.S. Government, it is expected that industry will continue to 

support enforcement efforts. 

BIS conducted a number of enforcement actions regarding noncompliance with these export 

controls, including the following: 

 

Sanwave Electronics 

Thermal Imaging Cameras to China 

On April 23, 2012, Jason Liang, owner of Sanwave Electronics, was sentenced in U.S. District 

Court in the Central District of California to 46 months in prison, three years of supervised 

release and a $700 special assessment. In February 2010, Liang was arrested and indicted 

following a surveillance and search warrant. Liang attempted to export IR300D infrared cameras 

to China without the required export licenses from the U.S. Department of Commerce. This was 

a joint investigation with the Federal Bureau of Investigation. 

C. Consultation with Industry 

On September 7, 2012, the Department of Commerce solicited public comment in the Federal 

Register (77 FR 55183) on the effectiveness of U.S. foreign policy-based export controls, 

including controls on RS items. The comment period on the Federal Register notice closed on 

October 9, 2012. A detailed review of all public comments received can be found in Appendix I. 

In addition, comments were solicited from the public via the BIS website. Comments from the 

detailed in this report. In particular, the Department holds quarterly consultations with the 

Sensors and Instrumentation Technical Advisory Committee (SITAC). The SITAC frequently 

addresses the RS controls on thermal imaging cameras and related items and technology. 

D. Consultation with Other Countries 

Wassenaar Arrangement member countries hold extensive consultations, and certain member 

countries hold bilateral discussions regarding items on the Wassenaar control list. During 2012, 

the U.S. Government engaged in extensive consultations with its Wassenaar partners. 
Wassenaar participating states incorporate the Wassenaar Dual-Use Control List into their own 

national export controls to prevent exports that could contribute to destabilizing buildups of 

conventional arms. In particular, the U.S. sought multilateral controls on the items in newly 

created ECCNs 3A982, 3D982, and 3E982 (high electron mobility transistors and monolithic 

microwave integrated circuits and related software and technology) through the Wassenaar 

Arrangement and may revisit the effort next year. 

E. Alternative Means 

The United States has undertaken a wide range of actions to support and encourage regional 

stability and has specifically encouraged efforts to limit the flow of arms and militarily useful 

goods and other special equipment to regions of conflict and tension. U.S. regional stability 

export controls remain an important element in U.S. efforts to enhance regional stability. The 

United States opposes the use of U.S.-origin items to destabilize legitimate political regimes or 

fuel regional conflicts, notwithstanding the availability of such items from other sources. 

Accordingly, there are no alternative means to achieve this policy objective. 

F. Foreign Availability 

Some military vehicles and other military-type equipment that are controlled for RS purposes 

may be obtained from foreign sources. Software, technology, chemicals, low capability sensors, 

and other items controlled for RS purposes are widely available. However, in some cases there 

are overlapping multilateral NS controls on many RS-controlled items. Some of the 

commodities, related software, and technology controlled for RS purposes are also subject to 

multilateral controls for either NS or MT reasons under multilateral regimes. In these cases, the 

RS controls are redundant. Therefore, controls imposed by multilateral regime members restrict 

foreign availability of these items. 

Manufacturers of imaging cameras controlled in ECCN 6A003 have voiced concern to the 

Department of Commerce that there is considerable foreign availability of these items from 

Europe, Japan, and China. This foreign availability and differences in licensing practices were 

major factors that led to the decision to revise RS controls on certain thermal imaging cameras in 

the regulation published on May 22, 2009 (74 FR 23941). This regulation eliminated licensing 

requirements for certain cameras when exported to 37 countries and has reduced the licensing 

volume significantly. 
CHAPTER 4 

Anti-Terrorism Controls 

(Sections 742.8, 742.9, 742.10, 746.2) 

Export Control Program Description and Licensing Policy 

The U.S. Government controls exports of items subject to the Export Administration Regulations 

(EAR) for Anti-Terrorism reasons under Sections 6(a) and 6(j) of the Export Administration Act 

of 1979, as amended (EAA). Pursuant to Section 6(j) of the EAA, the Secretary of State has 

designated four countries Cuba, Iran, Sudan, and Syria as nations with governments that have 

repeatedly provided support for acts of international terrorism and has designated these countries 

as state sponsors of terrorism.8

 Controls imposed for Anti-Terrorism reasons are identified in the 

EAR as Anti-Terrorism (AT) controls. Additionally, the United States maintains broad controls, 

and in some cases comprehensive sanctions, on exports and reexports to Cuba, Iran, Sudan, and 

Syria. The broader controls applicable to such countries are discussed in Chapter 5 of this report. 

Since December 1993, the U.S. Government has reviewed license applications involving the 

export or reexport of the following five categories of dual-use items to military, police, 

intelligence, and other sensitive end-users within countries designated as terrorist-supporting 

countries in accordance with the criteria set forth in Section 6(j)(1)(B) of the EAA: 

all items on the CCL subject to national security controls; 

all items on the CCL subject to chemical and biological weapons proliferation controls; 

all items on the CCL subject to missile proliferation controls; 

all items on the CCL subject to nuclear weapons proliferation controls; and 

all military-related items on the CCL (items controlled by CCL entries ending with the 

number 18). 

Specifically, on December 28, 1993, the Acting Secretary of State determined that items in these 

categories, if exported or reexported to military, police, intelligence organizations, or to other 

sensitive end-users in a designated terrorist-supporting country, could make a significant 

8

Although the designation of North Korea was rescinded on October 11, 2008, the EAR have not been revised to 

remove the AT controls. Moreover, additional export control requirements under the EAR apply to exports and 

reexports to that country on the basis of other laws and regulations, and in accordance with United Nations Security 

Council Resolution 1718 (UNSCR 1718). 
international terrorism. As a result, any export or reexport of an item in these categories is 

subject to a 30-day congressional notification period prior to approval. 

The United States controls exports and reexports of such items to other, non-sensitive end users, 

as well as exports and reexports of certain other CCL items to all end users, in designated state 

sponsors of terrorism for foreign policy purposes under Section 6(a) of the EAA, which provides 

the general authority for foreign policy controls. Such transactions are also reviewed against the 

Section 6(j) standard on a case-by-case basis. 

License Requirements and Licensing Policy 

Pursuant to the 1993 determination of the Acting Secretary of State and subsequent action 

consistent with it, exports and reexports of items in the five categories described above to certain 

sensitive end users in terrorist-supporting countries are controlled for AT reasons pursuant to 

Section 6(j) of the EAA. In accordance with Section 6(a) of the EAA, the Department of 

Commerce requires a license for the export and/or reexport of items in these five categories to 

non-sensitive end users and certain items on the CCL to all end users in designated terroristsupporting countries for AT reasons. The applicable controls are contained in the relevant EAR 

sections pertinent to each country. 

The Department of Commerce refers all license applications for items controlled for AT reasons 

to the Department of State for review. With respect to items controlled pursuant to Section 6(a) 

(including exports or reexports of items on the CCL to non-sensitive end-users), an initial 

determination is made whether the requirements of Section 6(j) apply. If the Secretary of State 

determines that the particular export or reexport to a state sponsor of t

significant contribution to the military potential of the destination country, including its military 

logistics capability, or could enhance the ability of such country to support acts of international 

6(j)(1)(B), a license will be required and the Departments of 

Commerce and State must notify the appropriate congressional committees 30 days before 

issuing one, consistent with the provisions of Section 6(j)(2) of the EAA. Transactions that do 

not rise to the Section 6(j)(1)(B) standard are generally reviewed on a case-by-case basis. 

 

Pursuant to Section 6(a) of the EAA, the Department of Commerce requires a license for the 

export and/or reexport of certain items on the CCL to all end users in all designated terroristsupporting countries for AT reasons. The applicable controls are contained in the relevant EAR 

sections pertinent to each country. All applicable controls currently maintained for AT reasons 

pursuant to either Section 6(j) or Section 6(a) of the EAA continue in force. 

Moreover, as described further in Chapter 5, the United States maintains additional controls on 

exports and reexports to Cuba, Iran, North Korea, Sudan, and Syria. As a result, the U.S. 
Government reviews license applications for exports and reexports of most AT-controlled items 

to these countries under a general policy of denial, with limited exceptions. 

Analysis of Controls as Required by Section 6(f) of the Export Administration Act 

A. The Purpose of the Controls 

Anti-Terrorism controls are intended to prevent acts of terrorism and to distance the United 

States from nations that have repeatedly supported acts of international terrorism and from 

individuals and organizations that commit terrorist acts. The controls demonstrate U.S. resolve 

not to trade with nations or entities that fail to adhere to acceptable norms of international 

behavior. The policy provides the United States with the means to control U.S. goods or services 

that might contribute to the military potential of designated countries and to limit the availability 

of such goods or services for use in support of international terrorism. U.S. foreign policy 

objectives are also furthered by ensuring that items removed from multilateral regime lists 

continue to be controlled to designated terrorist-supporting countries. With respect to exports 

and reexports to Cuba, Iran, North Korea, Sudan, and Syria, AT controls are maintained as part 

of broader U.S. sanctions discussed in Chapter 5. 

B. Considerations and Determinations of the Secretary of Commerce 

1. Probability of Achieving the Intended Foreign Policy Purpose. The Secretary has 

determined that these controls are likely to achieve the intended foreign policy purpose, in light 

of other factors, principally distancing the U.S. from designated terrorist-supporting countries. 

The Secretary has also determined that the foreign policy purpose cannot be achieved through 

negotiations or other alternative means. Although widespread availability of comparable goods 

from foreign sources limits the effectiveness of these controls, the controls restrict access to 

U.S.-origin commodities, technology, and software, and demonstrate U.S. determination to 

oppose and distance the United States from international terrorism. 

2. Compatibility with Foreign Policy Objectives. The Secretary has determined that these 

controls are compatible with U.S. foreign policy objectives and specifically, with U.S. policy 

toward the designated terrorist-supporting countries. The Secretary has also determined that the 

extension of these controls will not have any significant adverse foreign policy consequences. 

These controls affirm the U.S. commitment to restrict the flow of items and other forms of 

material support to countries, individuals, or groups for terrorist purposes. 

3. Reaction of Other Countries. The Secretary has determined that any adverse reaction to 

these controls is not likely to render the controls ineffective, nor will any adverse reaction by 

other countries be counterproductive to U.S. foreign policy interests. Most countries are 
generally supportive of U.S. efforts to fight terrorism and to stop the proliferation of weapons of 

mass destruction and the export and reexport of sensitive items to governments that have 

repeatedly provided support for acts of international terrorism. 

4. Economic Impact on United States Industry. The Secretary has determined that the 

adverse effect of these controls on the economy of the United States, including on the 

competitive position of the United States in the international economy, does not exceed the 

benefit to United States foreign policy objectives. While U.S. industry has reported that AT 

controls have had a negative impact, the Secretary has determined that the detrimental impact on 

U.S. industry has been modest, while stopping state sponsorship of terrorism remains a very high 

priority of the U.S. Government. 

5. Effective Enforcement of Controls. The Secretary has determined the United States has 

the ability to enforce these controls effectively. Because of the well-publicized involvement of 

these countries in acts of international terrorism, there is public knowledge of and support for 

U.S. controls, which facilitates enforcement. However, the large number of items exported in 

normal trade to other countries, including some aircraft items and consumer goods that have 

many producers and end-users around the world, creates numerous procurement opportunities for 

brokers, agents, and front companies working for the designated terrorist-supporting countries. 

In addition, differences in export laws and standards of evidence for violations complicate law 

enforcement cooperation among countries. 

Notwithstanding these challenges, the Department of Commerce has developed effective 

mechanisms to enforce these controls, which serve vital U.S. foreign policy objectives. The 

Department of Commerce views these controls as a key enforcement priority, and uses outreach 

efforts and other programs to keep businesses informed of concerns and their obligations. BIS 

gathers leads on activities of concern and conducts end-use checks and Sentinel visits to verify 

the end use and end-users of U.S.-origin licensed goods and technology. Sentinel teams assess 

the suitability of foreign end users to receive U.S.-origin licensed goods and technology, assess 

prospective end-users on pending license applications for diversion risk, and conduct educational 

outreach to foreign trade groups. The Department addresses procurement by or for designated 

terrorist-supporting countries through a variety of means, including enhanced agent training, a 

targeted outreach program to familiarize U.S. businesses with concerns, and close cooperation 

with lead agencies working on terrorism issues. 

BIS conducted a number of enforcement actions regarding noncompliance with these export 

controls. For example: 
Davoud Baniameri/Syed Majid Mousavi/Andro Telemi 

Missile/Radio Components to Iran 

On July 26, 2012, Andro Telemi pled guilty in U.S. District Court in the Northern District of 

Illinois in connection with his role in the conspiracy to export connector adaptors for missile 

systems to Iran. On November 30, 2012, Telemi was sentenced to five years of probation, a 

$10,000 fine, $100 special assessment, and 500 hours of community service. Co-defendant 

Davoud Baniameri previously pled guilty and was sentenced to 51 months in prison, three years 

supervised release, and a $200 special assessment for his part in the scheme. In addition, the 

Assistant Secretary for Export Enforcement imposed a 10-year Denial Order against Baniameri. 

In 2008 and 2009, Baniameri was contacted by a third co-conspirator, Syed Majid Mousavi, who 

requested the purchase and export of radio test sets and missile components for the TOW and 

TOW2 missile systems through the United Arab Emirates (UAE) to Iran. Baniameri purchased 

three Marconi radio test sets and 10 connector adapters from a company controlled by law 

enforcement in Illinois. In 2008, Baniameri shipped the radio test sets from California to the 

UAE for ultimate transshipment to Iran, without the required export license from the U.S. 

Department of Commerce. In September 2009, Baniameri paid $9,450 to the company in Illinois 

for missile components and directed Telemi to take possession of the equipment. Baniameri 

arranged to fly from the United States to Iran through the UAE carrying the equipment. He did 

not obtain a license for the export of the connector adaptors and was arrested before leaving the 

United States. This is a joint investigation with the U.S. Immigration and Customs Enforcement, 

Defense Criminal Investigative Service, and the Internal Revenue Service-Criminal Investigation 

Division. The Chicago Police Department also assisted in the investigation. 

C. Consultation with Industry 

In a September 7, 2012 Federal Register notice (77 FR 55183), the Department of Commerce 

solicited comments from industry and the public on the effectiveness of U.S. foreign policybased export controls. The comment period closed on October 9, 2012. A detailed review of all 

public comments received may be found in Appendix I. 

The Department continues to engage in an ongoing dialogue with the Regulations and Policy 

Technical Advisory Committee (RPTAC) concerning items controlled only for AT reasons. The 

RPTAC has asserted that many such items are widely available from foreign sources, and 

therefore has questioned the effectiveness of the controls. The RPTAC also has stated that every 

country currently subject to AT controls is also subject to comprehensive sanctions or 

embargoes. The RPTAC, however, has not disputed either the importance of the controls to 

United States foreign policy or the effectiveness of the particular enforcement mechanisms used 

by the Department. 
D. Consultation with Other Countries 

The United States continues to consult with a number of countries, both on a bilateral and a 

multilateral basis, regarding activities of designated terrorist-supporting countries. In general, 

most countries are supportive of U.S. anti-terrorism efforts but do not implement export control 

programs comparable to that of the United States. However, the continued maintenance of 

sanctions by many other countries limits foreign availability for some destinations. 

E. Alternative Means 

The United States has taken a wide range of diplomatic, political, and security-related steps, in 

addition to economic measures such as export controls, to persuade certain countries to 

discontinue their support for terrorist activities. The methods that the United States uses against 

a country, terrorist organization, or individual vary and are dictated by the circumstances 

prevailing at any given time. In general, the United States believes that maintenance of AT 

controls is an appropriate method to encourage the designated terrorism-supporting countries to 

act against terrorist elements within their jurisdiction or control. See also Chapter 13 for a 

discussion of the Entity List, a list set forth in the EAR of persons to which license requirements 

apply based on criteria that include support for terrorism. 

F. Foreign Availability 

The foreign availability provision does not apply to items determined by the Secretary of State to 

require control under Section 6(j) of the EAA.9

 Congress specifically excluded AT controls 

from foreign availability assessments otherwise required by the EAA, due to the value of such 

controls in emphasizing the U.S. position on countries whose governments support international 

terrorism. However, the Department of Commerce has considered the foreign availability of 

items controlled to designated terrorist-supporting countries under Section 6(a) of the EAA. 

Although there are numerous foreign sources for items similar to those subject to control, the 

continued maintenance of sanctions by many other countries limits foreign availability for some 

interests. 

9

 Provisions pertaining to foreign availability do not apply to export controls in effect before July 12, 1985, under 

sections 6(i) (International Obligations), 6(j) (Countries Supporting International Terrorism), and 6(n) (Crime 

Control Instruments). See the Export Administration Amendments Act of 1985, Public Law 99-64, section 

108(g)(2), Stat. 120, 134-35. Moreover, Sections 6(i), 6(j), and 6(n) of the EAA require that controls be 

implemented under certain conditions without consideration of foreign availability. 
Chapter 5 

Embargoes, Sanctions, and Other Special Controls 

(Sections 744.8, 744.12, 744.13, 744.14, 744.18, 744.20, 744.22, 746.2, 

746.3, 746.4, 746.7, 746.9, and General Order No. 2 (Supplement No. 1 to 

Part 736) 

Export Control Program Description and Licensing Policy 

This Chapter discusses the De

partial embargoes and sanctions programs, and other special controls maintained by the U.S. 

Government pursuant to the Export Administration Regulations (EAR), either unilaterally or to 

implement United Nations (UN) Security Council Resolutions. Specifically, the U.S. 

Government maintains either partial or comprehensive economic and trade sanctions on Cuba, 

Iran, Sudan, Syria, and certain designated terrorist persons. The U.S. Government also maintains 

certain special export control programs, including programs relating to Iraq, North Korea, and 

certain other countries, consistent with international obligations. Finally, the U.S. Government 

maintains special controls on certain persons, including those engaged in the proliferation of 

weapons of mass destruction. See also Chapter 13 for a discussion of the Entity List. 

License Requirements and Licensing Policy 

Certain Designated Persons 

The Department of Commerce requires a license for the export or reexport of all items subject to 

the EAR to Specially Designated Global Terrorists (SDGTs), Specially Designated Terrorists 

(SDTs), and Foreign Terrorist Organizations (FTOs), and a general policy of denial applies to all 

applications for such exports or reexports. SDGTs, SDTs, and FTOs are identified with the 

bracketed suffixes [SDGT], [SDT], and [FTO], respectively, on a list of designated persons 

maintained by the Office of Foreign Assets Control (OFAC), U.S. Department of the Treasury, 

in Appendix A to 31 CFR Chapter V. Exports and reexports made by U.S. Persons to SDGTs 

and SDTs that are authorized by OFAC generally do not require separate Bureau of Industry and 

Security (BIS) authorization; this rule does not apply to FTOs. 

Furthermore, the Department of Commerce requires a license for exports and reexports of all 

items subject to the EAR to persons designated in or pursuant to Executive Order 13382 of June 

28, 2005 (Weapons of Mass Destruction Proliferators and their Supporters), and a general policy 

of denial applies to all applications. The persons whose property or interests in property are 

blocked pursuant to Executive Order 13382 are identified by OFAC in Appendix A to 31 CFR 

Chapter V with the bracketed suffix [NPWMD]. Exports and reexports made by U.S. Persons to 

NPWMDs that are authorized by OFAC generally do not require separate BIS authorization. 
In addition, the Department of Commerce requires licenses for exports, reexports, and in-country 

transfers to persons whose property and interests in property are blocked in response to the 

conflict in Burma pursuant to Executive Order 13310 of July 28, 2003, Executive Order 13448 

of October 18, 2007, and Executive Order 13464 of April 30, 2008, and a general policy of 

denial applies to all applications. These license requirements apply to all items subject to the 

EAR other than agricultural commodities, medicine, or medical devices designated as EAR99 

that are destined for persons whose property and interests in property are blocked pursuant to any 

of the Executive Orders. All persons listed in or designated pursuant to Executive Orders 13310, 

13448, or 13464 are identified by OFAC in Appendix A to 31 CFR Chapter V with the bracketed 

suffix [BURMA]. Exports, reexports, or in-country transfers made by U.S. Persons to persons 

designated in or pursuant to these Executive Orders that are authorized by OFAC generally do 

not require separate BIS authorization. 

Cuba 

The Department of Commerce requires a license for export or reexport to Cuba of virtually all 

commodities, technology, and software subject to the EAR, with a few narrow exceptions for 

items generally authorized by a License Exception such as: 

food, and certain items to meet basic human needs; 

certain types of personal baggage; 

certain foreign-origin items in transit from Canada through the United States; 

items for U.S. Government personnel and agencies, and agencies of cooperating 

governments; 

certain donated consumer communications devices; and 

gift parcels containing items normally exchanged as gifts between individuals, including 

food, medicine, clothing, and certain consumer communications devices, provided that 

the value of non-food items does not exceed $800.10 

The Department of Commerce generally denies license applications for exports or reexports to 

Cuba. However, the Department considers applications for a few categories of exports, 

including the following, on a case-by-case basis when the exports are intended to provide 

support for the Cuban people or the transactions would be consistent with the foreign policy 

interests of the United States: 

10 An individual donor does not require a license to send a gift parcel addressed to an individual recipient. A gift 

parcel consolidator who exports multiple parcels in a single shipment for delivery to Cuba does require a license. 

(See note to Section 740.12(a) of the EAR.) 
exports from third countries of non-strategic, foreign-made products containing 

20 percent or less U.S.-origin parts, components, or materials, provided the exporter is 

not a U.S.-owned or controlled foreign firm in a third country; 

exports and reexports of items necessary to provide efficient and adequate 

telecommunications links between the United States and Cuba, including links 

established through third countries, and including the provision of satellite radio or 

satellite television services to Cuba; 

exports of certain commodities destined to human rights organizations or to individuals 

and non-governmental organizations that promote independent activity; 

exports of certain commodities and software for U.S. news bureaus in Cuba; 

exports of certain agricultural items not eligible for License Exception Agricultural 

Commodities (AGR); and 

exports of certain vessels and aircraft on temporary sojourn to Cuba. 

The Department of Commerce reviews applications for exports of donated and commercially 

supplied medicine or medical devices to Cuba on a case-by-case basis, pursuant to the provisions 

of Section 6004 of the Cuban Democracy Act of 1992. The United States will generally approve 

such exports, except in the following cases: 

to the extent Section 5(m) of the Export Administration Act of 1979, as amended (EAA) 

or Section 203(b)(2) of the International Emergency Economic Powers Act (IEEPA) 

would permit such restrictions; 

when there is a reasonable likelihood the item to be exported will be used for purposes of 

torture or other human rights abuses; 

when there is a reasonable likelihood the item to be exported will be reexported; 

when the item to be exported could be used in the production of any biotechnological 

product; or 

if it is determined that the U.S. Government is unable to verify, by on-site inspection and 

other appropriate means, that the item to be exported will be used only for its intended 

purpose and only for the use and benefit of the Cuban people. This exception does not 

apply to donations of medicine for humanitarian purposes to non-governmental 

organizations in Cuba. 

The Department authorizes exports and certain reexports of agricultural commodities to Cuba 

under License Exception AGR, pursuant to section 906(a)(1) of the Trade Sanctions Reform and 

Export Enhancement Act of 2000 (TSRA). Under License Exception AGR, an exporter must 

submit prior notification of a proposed transaction to the Department of Commerce. The 

exporter may proceed with the shipment when the Department confirms that no reviewing 

agency has raised an objection (generally within 12 business days), provided the transaction 
meets all of the other requirements of the License Exception. This expedited review includes the 

screening of the ultimate recipient of the commodities to ensure that it is not involved in 

promoting international terrorism. 

Iran 

On July 1, 2010, the President signed into law the Comprehensive Iran Sanctions, 

Accountability, and Divestment Act of 2010 (CISADA). CISADA Title I expands sanctions on 

Iran predominantly through amendments to the Iran Sanctions Act of 1996 (ISA). Title I does 

not require changes to BIS regulations or practice because BIS does not currently process license 

applications for exports and reexports to Iran other than for deemed exports and reexports (see 

below). Title III requires the President to designate countries as Destinations of Diversion 

Concern if he determines that 

certain goods, services, or technologies through the country to Iranian end-users or Iranian 

intermediaries. Further, the President must impose a license requirement under the International 

Traffic in Arms Regulations (ITAR) or under the EAR, as applicable, pertaining to those goods, 

services, or technologies within 45 days of submitting to Congress a report notifying it of the 

designation of a country as a Destination of Diversion Concern. 

On August 10, 2012, President Obama signed into law the Iran Threat Reduction and Syria 

Human Rights Act of 2012 (Act). Like CISADA, the Act amended the ISA, which requires the 

President to impose certain sanctions on persons involved directly or indirectly in specified 

activities with Iran. The Act broadened the number of activities under which the President must 

require BIS to prohibit the issuance of licenses for export and reexport of items subject to the 

EAR to sanctioned persons, including non-U.S. persons. The activities prohibited by the ISA as 

amended by the Act include the provision of goods and services to Iran that assist the 

development and sale or exp

uranium

human rights abuses and the provision of energy-related, insurance and reinsurance and shipping 

services. 

Iran. No person may export or reexport items subject to the EAR if such transaction is 

 and Sanctions Regulations and not authorized by 

OFAC. Virtually all trade and investment activities with Iran by U.S. persons, wherever located, 

are prohibited by the Iranian Transactions and Sanctions Regulations. Certain trade activities by 

non-U.S. persons, including some reexports, are also prohibited by OFAC under these 

regulations. 
The Department of Commerce imposes license requirements for exports and reexports to Iran of 

most items on the CCL. The Iran-Iraq Arms Non-Proliferation Act of October 23, 1992 

(IIANPA) requires BIS to deny licenses for items controlled to Iran for national security 

(Section 5 of the EAA) or foreign policy (Section 6 of the EAA) reasons. License applications 

for exports or reexports of these items are subject to a general policy of denial, absent contract 

sanctity or a Presidential waiver of restrictions under IIANPA. In some cases, the EAR impose 

license requirements on items designated as EAR99 that are (1) destined to end-users listed in 

 or end users prohibited by Part 744 of the EAR. 

Because they are not specific to Iran, the license requirements for items designated as EAR99 are 

ussion of the BIS Entity List. 

Notwithstanding Department of Commerce license requirements and licensing policies, OFAC is 

the primary licensing agency for exports and reexports to Iran, and BIS does not, in practice, 

receive or process license applications for transactions involving Iran except under the following 

circumstances: (1) the license is for the release (deemed export) of technology or source code 

subject to the EAR to Iranian nationals in the United States or of the release (deemed reexport) 

of such technology or source code to Iranian nationals located abroad; or (2) the license is for the 

export or reexport of items to certain end users or for certain end uses in Iran that are prohibited 

pursuant to provisions of the EAR that are not specific to Iran (e.g., Part 744 end-use/end-user 

controls). 

BIS takes enforcement action against violations of the Iran-related provisions of the EAR. It is a 

violation of the EAR to export or reexport to Iran any item that is subject to the EAR including 

items designated as EAR99 if such transaction requires authorization by OFAC pursuant to the 

and Sanctions Regulations and such 

authorization has not been obtained. 

Iraq

The Department of Commerce requires a license for the export or reexport to Iraq, or in-country 

transfer within Iraq, of the following: 

any item controlled on the CCL for National Security (NS), Missile Technology (MT), 

Nuclear Nonproliferation (NP), Chemical Weapons Convention (CW), Chemical & 

Biological Weapons (CB), Regional Stability (RS), Crime Control (CC), Encryption 

Information (EI), Significant Items (SI), or Surreptitious Listening (SL) reasons; 

any item controlled on the CCL for UN reasons; 

items on the CCL controlled for RS reasons under the following ECCNs: 0B999, 0D999, 

1B999, 1C992, 1C995, 1C997, 1C999 and 6A992; 
any item subject to the EAR if, at the time of the export, reexport or transfer, it is known 

the item will be, or is intended to be, used for a military end use or by a military end-user. 

As defined specifically for Iraq, a military end user is any person or entity whose actions or 

functions are intended to support military end uses and who is not recognized as a legitimate 

military organization by the U

into a military item described on the USML (22 CFR Part 121, ITAR), or the Wassenaar 

Arrangement Munitions List (WAML); or use, development, or deployment of military items 

described on the USML or the WAML. The Department reviews license applications destined to 

such end users under a policy of denial. 

The Department of Commerce also reviews license applications for the following items under a 

general policy of denial: 

items destined for use in Iraqi civil nuclear or military nuclear activity (except for use of 

isotopes for medical, industrial, or agricultural purposes); 

machine tools controlled for NS reasons, machine tools controlled for NP reasons, any 

item controlled for CC or UN reasons, or any item controlled under an ECCN ending in 

research, design, development, support, maintenance, or manufacture of Iraqi weapons of 

mass destruction, ballistic missiles, or arms and related materiel; and 

items controlled for RS reasons under ECCNs 0B999, 0D999, 1B999, 1C992, 1C995, 

1C997, 1C999, or 6A992 that will not contribute to the building of Iraqi civil 

infrastructure. 

The Department of Commerce additionally requires a license for exports, reexports, or incountry transfers of any item subject to the EAR to persons listed in the Annex to Executive 

and Their Fam

subsequently designated by the Secretary of the Treasury pursuant to that Executive Order. U.S. 

persons are not required to seek separate BIS authorization for an export, reexport, or in-country 

transfer to a designated person that has already been authorized by the Department of the 

Treasury; however, license applications for such transactions are subject to a general policy of 

denial by the Department of Commerce. 

North Korea 

North Korea is subject to sanctions based on its nuclear and ballistic missile activities, 

engagement in proliferation and other illicit activities and human rights violations. Consistent 

with UN Security Council Resolutions 1718 and 1874, and as set forth in Section 746.4 of the 
EAR, BIS requires a license for the export or reexport to North Korea of all items subject to the 

EAR, except food and medicines designated as EAR99. Other controls on North Korea are 

located in Section 742.19 of the EAR.11 

Pursuant to Section 746.4 of the EAR, applications for items requiring a license for export or 

reexport to North Korea are subject to case-by-case review, except as follows: 

Applications to export or reexport luxury goods are subject to a general policy of denial. 

Applications to export or reexport arms and related materiel; items specified by UN 

documents S/2006/814, S/2006/815 and S/2006/853; and other items that the UN 

Security Council, or the Sanctions Committee established pursuant to UN Security 

Council Resolution 1718, has determined could contribute to North Korea's nuclearrelated, ballistic missile-related or other weapons of mass destruction-related programs, 

are subject to a general policy of denial. 

Applications to export or reexport items controlled for NP and MT reasons (except 

ECCN 7A103 items) are subject to a general policy of denial. 

Applications to export or reexport items controlled for chemical and biological weapons 

and NS reasons, as well as applications to export or reexport many items only controlled 

for AT reasons, are subject to a general policy of denial. 

Applications to export or reexport humanitarian items (e.g., blankets, basic footwear, 

heating oil, and other items meeting subsistence needs) intended for the benefit of the 

North Korean people; items in support of UN humanitarian efforts; and agricultural 

commodities or medical device items that are determined by BIS, in consultation with the 

interagency license review community, not to be luxury goods are subject to a general 

policy of approval. 

Persons Sanctioned by the State Department 

Pursuant to Section 744.20 of the EAR, the Department of Commerce may impose, as foreign 

policy controls, export and reexport license requirements and set licensing policy with respect to 

certain entities that have been sanctioned by the State Department. State Department-sanctioned 

entities upon which export and reexport license requirements have been imposed under Section 

744.20 of the EAR are included on the Entity List, Supplement No. 4 to Section 744 of the EAR. 

Not all entities sanctioned by the State Department are incorporated into the Entity List. 

11

Section 742.19 of the EAR has not been amended to reflect the rescission. 
Sudan 

The U.S. Government requires a license for the export and reexport of nearly all items on the 

CCL to Sudan. Many items controlled on the CCL to Sudan may require a license from both the 

Departments of Commerce and the Treasury. License applications may be submitted to both 

agencies concurrently. 

The Department of Commerce reviews, under a general policy of denial, applications for the 

export and reexport of all items controlled for chemical, biological, missile, and nuclear 

proliferation reasons, military-related items controlled for national security or regional stability 

reasons (CCL entries ending in the number 018), and certain items controlled for national 

security or foreign policy reasons, such as aircraft, cryptologic items, and explosive device 

detectors, for all end users in Sudan. Other non-military-related items that are controlled to 

Sudan for national security or foreign policy reasons are subject to a general policy of denial for 

military end users or end uses, and case-by-case review for non-military end users or end uses. 

Syria

On May 11, 2004, the President issued Executive Order 13338 to implement Sections 5(a)(1) and 

5(a)(2)(A) of the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 

license requirements and licensing policy for Syria to restrict all exports or reexports to Syria of 

items subject to the EAR (with the limited exceptions described below), as specified in General 

Order No. 2, which was published in the Federal Register on May 14, 2004 (69 FR 26766). 

On December 12, 2011, BIS amended the EAR by moving the substantive provisions of the 

comprehensive sanctions on Syria from General Order No. 2 (Supp. No. 1 to Part 736) to a 

revised Section 746.9, along with conforming changes to the EAR. This move was made to 

enhance public awareness and understanding of comprehensive U.S. sanctions against Syria 

because Part 746 of the EAR addresses comprehensive sanctions and other special controls and 

is consequently the appropriate place to include Syria sanctions provisions. Existing licensing 

requirements and policies remain unchanged. 

Signed into law on August 10, 2012, the Iran Threat Reduction and Syria Human Rights Act of 

2012 (Act) authorized the imposition of sanctions pursuant to certain criteria on designated 

persons who participate in human rights abuses in Syria. The activities prohibited by the Act 

free flow of information and commit human rights abuses. 

 

The Department of Commerce requires a license for the export or reexport to Syria of all 

commodities, technology, and software subject to the EAR, except food and medicine designated 
source code designated as EAR99. Additionally, certain categories of items are authorized for 

export or reexport to Syria under License Exceptions: 

Personal baggage for individuals leaving the United States; 

Items for the use of the news media under certain conditions; 

Exports for U.S. Government personnel and agencies; 

Certain operation technology and software, sales technology, and software updates; and 

Temporary sojourn of certain civil aircraft reexported to Syria. 

The Department of Commerce generally denies license applications for exports or reexports to 

Executive Order 13338, the Department considers applications for the following on a case-bycase basis: 

Items necessary to carry out the President's constitutional authority to conduct U.S. 

foreign affairs and as Commander-in-Chief, or in support of U.S. Government activities; 

Medicine on the CCL and medical devices; 

Parts and components intended to ensure the safety of civil aviation and safe operation of 

commercial passenger aircraft; 

Aircraft chartered by the Syrian Government for the transport of Syrian Government 

officials on official Syrian Government business; 

Telecommunications equipment and associated computers, software, and technology to 

enhance the free flow of information, including items for general academic, 

administrative, business, and personal use; and 

Items in support of UN operations in Syria. 

United Nations Security Council Arms Embargoes 

The UN Security Council maintains partial embargoes on the export of certain arms and related 

materiel to several countries, geographic regions, or persons within certain countries. UN 

Security Council embargoes of this kind are currently in place for the Democratic Republic of 

Sudan. On July 23, 2012, the Department of Commerce published a final rule in the Federal 

Register amending Part 746.1(b) of the EAR to require a license for the export or reexport of 

items controlled for "UN" reasons to countries subject to UN Security Council arms embargoes. 

This rule also removed Rwanda from Part 746, thus conforming to the UN 

termination of prohibitions on the sale or supply of arms and arms-related materiel to Rwanda, 

pursuant to United Nations Security Council Resolutions 1823. 
Summary of 2012 Changes 

On July 23, 2012, the Department of Commerce published a final rule in the Federal Register 

amending Part 746.1(b) of the EAR to require a license for the export or reexport of items 

controlled for "UN" reasons to countries subject to UN Security Council arms embargoes. This 

rule also removed Rwanda from Part 746, thus conforming to the United Nations Security 

-related materiel to 

Rwanda, pursuant to United Nations Security Council Resolutions 1823. 

On August 10, 2012, President Obama signed into law the Iran Threat Reduction and Syria 

Human Rights Act of 2012, P.L. 112-158 (Act). Like the Comprehensive Iran Sanctions and 

Divestment Act of 2010 (CISADA), the Act amended the Iran Sanctions Act (ISA), which 

requires the President to impose certain sanctions on persons involved directly or indirectly in 

would require BIS to prohibit the issuance of licenses for export and reexport of items subject to 

the EAR to sanctioned persons, including non-U.S. persons. The activities prohibited by the ISA 

as amended by the Act include the provision of goods and services to Iran that assist the 

stribution of 

uranium, the enhanced ability of Iran to restrict the free flow of information and commit human 

rights abuses and the provision of energy-related, insurance and reinsurance and shipping 

services. The Act also authorizes the imposition of sanctions pursuant to certain criteria on 

designated persons who participate in human rights abuses in Syria. The activities prohibited by 

restrict the free flow of information and commit human rights abuses. 

Analysis of Controls as Required by Section 6(f) of the Export Administration Act 

A. The Purpose of the Controls 

Certain Designated Persons 

The purpose of controls on designated terrorist persons (natural persons, entities, and groups) 

and proliferators of weapons of mass destruction and their supporters is to restrict exports of 

items that would be useful in enhancing the capability of these persons to undertake activities 

that support terrorism or contribute to the development of WMD. 

Burma 

The purpose of controls on political and military leaders and other persons in Burma that 

contribute to civil unrest and suppression of basic rights and freedoms in that country is to 

prevent these persons from acquiring items that could be used to carry out activities that are 

detrimental to U.S. foreign policy interests. 
Cuba 

The United States imposed an embargo on Cuba five decades ago because Cuban Government 

actions posed a serious threat to the stability of the Western Hemisphere and the Cuban 

Government expropriated property of U.S. citizens without compensation. In March 1982, the 

Secretary of State designated Cuba as a state sponsor of terrorism under Section 6(j) of the EAA. 

The purpose of the controls is to restrict exports that would allow Cuba to act as a destabilizing 

maintain stability in the region and to actively work against the threat of terrorism and those who 

humanitarian items, such as medicines and medical devices, ensures that the Cuban population is 

not deprived of basic supplies. 

Iran 

The purpose of the -

supporting capabilities and to address other U.S. and international foreign policy concerns, 

including nonproliferation, human rights, and regional stability. By restricting the export of 

items that could have a military use, the controls demonstrate the resolve of the United States not 

to provide any direct or indirect military support for Iran and to support other U.S. foreign policy 

exports and reexports of food items, medical supplies, 

and medical equipment is designed to ensure that U.S. export controls on Iran do not prevent the 

Iranian population from receiving what it needs for humanitarian purposes. 

Iraq 

The purpose of the controls is to restrict exports to insurgents within Iraq and other inappropriate 

military end users in Iraq, including the former Iraqi leadership, thereby limiting their ability to 

enhance or expand their activities. 

North Korea 

The purpose of the controls is to restrict certain exports and reexports to North Korea to comply 

 nuclear 

weapons, missiles and missile technology, and other weapons of mass destruction. 

Persons Sanctioned by the State Department 

The purpose of the controls is to restrict exports to persons engaged in activities that are contrary 

to the foreign policy interests of the United States or who have violated U.S. export control laws. 

resolve to actively work against the diversion of sensitive items to unauthorized end users or end 

uses. 

 
Sudan 

The U.S. sanctions and export controls remain in place against Sudan due to its continued 

support for international terrorism. The controls maintained by BIS pursuant to the EAR support 

the broader sanctions maintained by OFAC pursuant to several Executive Orders and consistent 

with other applicable laws. 

Syria 

The Syrian Government continues to host Palestinian terrorist organizations and to provide 

political and material support to Hezbollah and other terrorist organizations in Lebanon. 

Moreover, the Syrian Government allows Iran to re-supply Hezbollah through Syrian territory. 

affairs, the flow of foreign fighters through Syria destined for Iraq, and Syrian nuclear, missile, 

and chemical/biological programs. Additionally, the Government of Syria engages in 

widespread and routine abuses of human rights, including the use of violence and torture, 

arbitrary arrests, and detention of peaceful protesters. U.S. export controls reflect U.S. 

opposition to these activities. The controls also promote other U.S. foreign policy interests, 

including the protection of human rights and the encouragement of regional stability. 

United Nations Security Council Arms Embargoes 

The United States maintains export controls in accordance with the UN Security Council arms 

Eritrea, Iran, Iraq, Lebanon, Liberia, Libya, North Korea, Somalia, and Sudan. 

B. Considerations and Determinations of the Secretary of Commerce 

1. Probability of Achieving Intended Foreign Policy Purpose. The Secretary has 

determined that the controls described in this Chapter are likely to achieve the intended foreign 

policy purpose, in light of other factors, including foreign availability from other countries. He 

has further determined that the foreign policy purpose cannot be achieved through negotiations 

or alternative means. For each of the controls described in this Chapter, the Secretary has 

determined that such restrictions have denied the targeted countries and persons access to 

resources for use in activities that are contrary to the foreign policy of the United States. The 

controls described in this Chapter seek to have the targeted entities or governments modify their 

actions. In addition, the applicable controls may reduce the potential for conflict. 

Certain Designated Persons 

The Secretary has determined that foreign policy controls will help thwart the access that these 

persons have had to U.S.-origin items that could support terrorist operations, WMD proliferation, 

or other restricted activities. 
Cuba 

The Secretary has determined that the sanctions will help to bring about a peaceful and stable 

transition toward democracy and a free market economy in Cuba while providing for the basic 

human needs of the Cuban people. 

Iran 

The Secretary has determined that foreign policy controls will restrict 

U.S.-origin items that could contribute to Iranian support of terrorism and promotion of regional 

threats to U.S. interests. 

Iraq 

The Secretary has determined that foreign policy controls will restrict the ability of terrorists and 

insurgent groups to obtain and use U.S.-origin items to attack U.S. forces or to destabilize the 

current Government of Iraq. 

North Korea 

The Secretary has determined that the foreign policy controls will meet U.S. obligations under 

relevant UN 

proliferation of nuclear weapons and other WMDs. 

Persons Sanctioned by the State Department 

The Secretary has determined that foreign policy controls will thwart the access that these 

persons have to U.S.-origin items and their ability to divert such items to unauthorized end users 

or end uses. 

Sudan 

The Secretary has determined that foreign policy controls will restrict the Government of 

 use U.S.-origin items in support of military activities. The controls 

are also likely to impede terrorist activities in Sudan and support international efforts to end the 

humanitarian crisis in Darfur. 

Syria 

The Secretary has determined that foreign policy controls will contribute to the Government of 

Syria ending its support of terrorist groups in Lebanon and elsewhere and its abuse of the human 

rights of its citizens. 

United Nations Security Council Arms Embargoes 

The Secretary has determined that the foreign policy controls will meet U.S. obligations under 

the relevant UN Security Council arms embargoes and partial embargoes on the Democratic 
Somalia, and Sudan. 

2. Compatibility with Foreign Policy Objectives. The Secretary has determined that these 

controls are compatible with U.S. foreign policy objectives, and that the extension of these 

controls will not have any significant adverse foreign policy consequences. The controls 

complement U.S. foreign policy and other aspects of U.S. relations with these persons and 

countries. They encourage these persons and governments to modify their actions with the goal 

of improving conditions in their region. These controls are consistent with U.S. foreign policy 

goals of promoting peace and stability, and preventing weapons proliferation and human rights 

abuses. 

3. Reaction of Other Countries. The Secretary has determined that any adverse reaction to 

these controls is not likely to render the controls ineffective and that any adverse reaction by 

other countries would not be counterproductive to U.S. foreign policy interests. Notwithstanding 

the fact that most countries have not imposed embargoes as comprehensive as those of the 

United States, and that some countries have challenged certain U.S. controls as unwarranted 

extraterritorial measures, the overriding foreign policy objective of maintaining these controls 

outweighs negative foreign reactions. Opposition to U.S. foreign policy-based controls by many 

of our major trading partners, including some close allies, continues to be a point of contention. 

This reaction has led some foreign firms to design out U.S. components or to cite the lack of 

their own national sanctions as a marketing tool to secure business contracts that might have 

gone to U.S. companies. In some instances, foreign governments have instructed foreign firms 

to ignore U.S. reexport controls. However, in certain areas, such as the nuclear threat posed by 

the use of violence and torture, arbitrary arrests, detentions and executions of peaceful civilians, 

and the genocide in the Darfur region of Sudan, the United States has received broader 

international support for its sanctions policies from other countries. 

Certain Designated Persons 

Many countries support U.S. efforts to ensure that exports and reexports of U.S.-origin items are 

not used in terrorist activities, the development of WMD, or by entities or foreign governments 

that are perpetrating or promoting civil unrest in their own or other countries. The Department 

of Commerce promotes these shared objectives by blocking designated groups and individuals 

from acquiring items that could aid or assist these groups in committing future acts deemed to 

support these activities. Although some countries are considering restrictive legislation, very 

few maintain export controls similar to those implemented by the United States. Many countries 

have imposed controls on entities specifically designated in UNSCRs. 
Cuba 

Although most countries recognize the right of the United States to determine its own foreign 

policy and security concerns and share U.S. concerns regarding Cuba, many countries continue 

to oppose controls on trade between the United States and Cuba, and an annual United Nations 

General Assembly resolution condemning the embargo passes each year with overwhelming 

support, with only the United States and Israel voting against it. Although many nations support 

greater freedoms and economic reforms in Cuba, they refrain from overt criticism of the Cuban 

Government. 

Iran 

ort of terrorism, human rights abuses, 

and attempts to acquire WMD. This is especially the case in the nuclear context, where 

-à-vis its nuclear program have led to the 

unanimous adoption of UN Security Council resolutions imposing sanctions on Iran pursuant to 

Chapter VII of the UN Charter. The member states of the Group of Eight, the European Union, 

the members of the Nuclear Suppliers Group, and other multilateral bodies have joined the 

United States in 

have called on Iran to cooperate fully and transparently with the International Atomic Energy 

Agency (IAEA). In general, however, U.S. controls on commercial goods to Iran are more 

Iraq 

The United States continues to impose an arms embargo on military end users and end uses that 

are not affiliated with multinational training missions in Iraq or the Iraqi Government in 

accordance with its obligations as a member of the United Nations. Many other member states 

also comply with these obligations and impose an arms embargo on Iraq. Other nations also 

share U.S. concerns about insurgent activities in Iraq. 

North Korea 

The United States maintained a comprehensive trade embargo against North Korea for over 50 

years years, until 2000 . In general, during that time period, U.S. allies largely acted in concert 

with the United States to deny North Korea strategic equipment and technology. Similarly, the 

easing of U.S. sanctions toward North Korea and the removal of some U.S. controls in June 2000 

in 2006 and 2009, the United Nations Security Council adopted UN Security Council 

Resolutions 1718 and 1874 imposing additional sanctions on North Korea and demonstrating 

-related activities. 

Pursuant to these UN sanctions, and on the basis of other relevant laws and regulations, the 

Department of Commerce continues to apply sanctions on North Korea which other countries 

generally support. 
Persons Sanctioned by the State Department 

Although other countries share U.S. concerns regarding the diversion of goods to unauthorized 

end users or end uses, few countries maintain controls similar to those implemented by the 

United States. 

Sudan 

The United States maintains sanctions on Sudan because of its continued support for 

international terrorism, ongoing efforts to destabilize neighboring governments, and because of 

the prevalence of human rights violations, including slavery and the denial of religious freedom 

to the population of the country. Sanctions against Sudan have not been modified because Sudan 

has not taken sufficient steps to resolve the conflict in Darfur. The United States continues to 

consult with other countries regarding the humanitarian crisis in Darfur bilaterally and 

multilaterally, including through the United Nations. 

Syria 

support for terrorist groups, interdict the flow of foreign fighters destined for Iraq, refrain from 

l affairs, and stop abusing the human rights of its citizens. Many 

number of countries maintain controls similar to, but less comprehensive than, those 

implemented by the United States. The European Union, for example, has implemented 

prohibitions on the provision of certain goods and services to Syria12. 

United Nations Security Council Arms Embargoes 

The United States maintains controls in accordance with the UN Security Council arms 

Eritrea, Iran, Iraq, Lebanon, Liberia, Libya, North Korea, Somalia, and Sudan. These controls 

are compatible and consistent with the controls adhered to by the 41 participating states in the 

Wassenaar Arrangement, and with the controls imposed by other UN member states as a result of 

the UN Security Council arms embargoes. 

4. Economic Impact on United States Industry. The Secretary has determined that any 

adverse effect of these controls on the economy of the United States, including on the 

competitive position of the United States in the international economy, does not exceed the 

benefit to U.S. foreign policy objectives. 

12 EU Council Decision 2011/782/CFSP (OJ L 319, 2.12.2011, p. 56), December 1, 2011 as amended. 
Certain Designated Persons 

The Department of Commerce did not review any license applications for the particular persons 

designated by the Treasury Department in fiscal year 2012. The economic impact of these 

controls is presumably minimal. The Department of the Treasury maintains restrictions on 

activities of U.S. persons involving designated terrorist entities, proliferators, and those involved 

in civil unrest and suppression of basic rights and freedoms in Burma, which the Department of 

ent. 

Cuba 

The U.S. Government requires authorization in the form of either a license or an Agricultural 

License Exception notice for the export or reexport to Cuba of most U.S.-origin commodities, 

technology, and software subject to the EAR. The number of licenses and notices that the 

Department of Commerce issued for exports or reexports to Cuba increased significantly from 

1998 through 2002, due to changes in U.S. export policies made during the late 1990s. There 

has been a general decline in the number of licenses and notices issued since that time. U.S. 

export sanctions on Cuba have had some impact on U.S. industry. However, the authorized 

export of large volumes of agricultural commodities has somewhat reduced this impact. 

In fiscal year 2012, the Department of Commerce approved 285 license applications, valued at 

over $1.4 billion, for Cuba. There was a decrease in the number and a decrease in the value of 

license applications approved in fiscal year 2012 in comparison to fiscal year 2011. Also during 

fiscal year 2012, the Department issued 94 notices of authorization valued at approximately $2.9 

billion under License Exception AGR. The Department of Commerce and reviewing agencies 

had no objections to these notices. The number of approved licenses and notices totaled 379, 

valued at over $4.3 billion. 

In fiscal year 2012, the Department returned without action 106 license applications, valued at 

$843 million, and rejected one license application, valued at over $52,000. Errors and 

deficiencies were the primary reasons for the number of returned applications. The Department 

did not revoke any previously validated licenses during this period. 

World Factbook 2012, Cuba imported an 

estimated $13.26 billion in commodities in 2011 (the most recent year for which statistics are 

available), up from $10.65 billion the year before. Leading Cuban imports included petroleum, 

s were Venezuela (37.6 

China (9.9 percent), Spain (8.5 percent), Brazil (5.2 percent) 

and Canada (4.4 percent). Imports from the United States decreased from 4.1 percent in 2010 to 

2.7 percent in 2011. 
Iran 

The U.S. Government maintains a policy of denial for license applications for exports and 

reexports of items on the CCL to Iran, consistent with the provisions of the Iran-Iraq Arms NonProliferation Act of 1992 and the U.S. trade and investment embargo of 1995. 

Consistent with the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA), the 

U.S. Government authorizes exports and reexports of food, agricultural equipment, medicine, 

and medical supplies and equipment to Iran. According to the U.S. Census Bureau statistics, 

total U.S. exports to Iran were valued at $229 million in calendar year 2011, an increase from 

$208 million in 2010. The top U.S. commodities exported to Iran in 2011 were agricultural 

commodities, medical equipment, and pharmaceutical preparations. 

Since 1997, the Department of the Treasury has had primary jurisdiction for the export and 

reexport of items subject to the EAR to Iran, and the Department of Commerce has sole 

jurisdiction for deemed exports or deemed reexports (releases of U.S. technology or source code 

subject to the EAR to Iranian nationals in the United States or abroad). The Department of 

Commerce approved 125 deemed export licenses for Iranian nationals during fiscal year 2012. 

Deemed export and reexport licenses reflect a nominal value of technology and source code 

released to Iranian national employees or students. 

industrial machinery, motor vehicles and auto parts, power generating machinery, measuring and 

controlling devices, computers, plastics and resins, and industrial organic chemicals. According 

to the CIA World Factbook 2012, Iran imported an estimated $76.1 billion worth of industrial 

supplies, capital goods, foodstuffs and other consumer goods, and technical services in 2011. 

the United Arab Emirates (UAE) (30.6 percent), 

of China (17.2 percent), South Korea (8.4 percent), Germany (4.8 percent) and Turkey (4.2 

percent). 

The U.S. sanctions on Iran, while necessary to add pressure for Iran to comply with its nuclear 

nonproliferation obligations, have adversely affected U.S. industry. Immediately prior to the 

sanctions, U.S. exports to Iran totaled close to $2.2 billion. However, the sanctions resulted in a 

substantial decline in U.S. exports to the country. 

Iraq 

Although the security situation and the presence of foreign fighters supporting the insurgency in 

Iraq, among other issues, continue to be of concern to the United States, the United States also 

requirements reflect the complexity and challenges of doing business in Iraq. 
U.S. export controls specific to Iraq have had little impact on U.S. industry, because the primary 

focus of those controls is on arms sales to non-coalition forces. In 2011, according to the most 

recent U.S. Census Bureau statistics available, U.S. exports to Iraq were worth $2.4 billion. In 

addition to agricultural commodities, other strong categories of U.S. exports to Iraq included 

military-related items, industrial engines and machines, vehicles and parts, and 

telecommunications equipment. Since licensing jurisdiction for Iraq was returned to the 

Department of Commerce in 2004, the majority of license applications received have been for 

equipment in support of or for use in reconstruction of Iraq and training activities for its police 

and military. 

In fiscal year 2012, the Department approved 107 license applications for Iraq, valued at over 

$3.8 million. While the number of approvals decreased significantly from 125, the value of the 

approvals in 2012 increased significantly from $620 million in 2011, likely due to additional 

reconstruction activities. The Department returned 20 license applications without action in 

2012, valued at nearly $11 million, primarily due to exporters submitting applications for 

transactions that did not require licenses. In 2012, the Department did not deny any license 

applications for Iraq. 

According to the CIA World Factbook 2012, Iraq imported an estimated $53.93 billion in 

commodities in 2011 (the most recent year for which statistics are available), up from an 

estimated $43.9 billion in 2010. Leading Iraqi imports included food, medicine, and 

manufactured goods

percent). 

North Korea 

Consistent with United Nations Security Council Resolution 1718, a BIS license is required for 

the export or reexport to North Korea of all items subject to the EAR, with the exception of food 

and medicines designated as EAR99 (i.e., medicines subject to the EAR but not listed on the 

CCL). As a result of the small size of the North Korean economy, U.S. export sanctions on 

North Korea have had a minimal impact on U.S. industry. Agricultural products and 

humanitarian goods are the primary U.S. exports to North Korea. 

In fiscal year 2012, the Department approved 22 license applications, valued at $10.9 million. 

The total license value in 2012 was much lower than in 2011 ($38.4 million), reflecting a drop in 

the average dollar value of humanitarian export licenses, while the number of licenses approved 

remained relatively steady (23 in 2011). The Department of Commerce returned without action 

20 license applications in 2012, valued at $8.8 million. Applications were returned without 

action most often because the applicants accidentally selected North Korea instead of South 
Korea in the application system. The Department did not deny any license applications or 

revoke any previously validated licenses for North Korea. 

The CIA World Factbook 2012 estimates that North Korean imports totaled $3.5 billion in 2010 

(the most recent year for which figures are available) with primary imports including petroleum, 

g sources of 

and Russia (2.4 percent). 

Persons Sanctioned by the State Department 

The impact on U.S. industry of these controls is minimal as they target only certain persons listed 

on the Entity List (Supplement No. 4 to Part 744 of the EAR). 

Sudan 

The United States imposed sanctions on Sudan in 1997 in response to the Government of 

ighboring governments, and 

the prevalence of human rights violations. Both the Departments of Commerce and the Treasury 

maintain license requirements for certain exports and reexports to Sudan of items subject to the 

EAR. The Department of the Treasury is solely responsible for licensing the export of 

agricultural commodities, medicines, and medical items that are not listed on the CCL under the 

provisions of the Trade Sanctions Reform and Export Enhancement Act and is also responsible 

for licensing other items not listed on the CCL (items designated as EAR99). 

U.S. unilateral export sanctions on Sudan have had a minor impact on U.S. industry. Sudan was 

not a significant export market for the United States before sanctions were imposed in 1997. 

Moreover, a large proportion of exports to Sudan prior to the imposition of sanctions involved 

items designated as EAR99, which do not require a Department of Commerce license for export 

to Sudan. 

In fiscal year 2012, the Department of Commerce approved 55 license applications for Sudan, 

valued at $2.0 million. 

U.S. Census Bureau statistics show that in 2011, U.S. exports to Sudan were valued at $115.6 

million. The CIA World Factbook 2012

were valued at 

China (20.2 percent), Saudi Arabia (9.1 percent), the UAE (6.7 percent), Egypt (6.6 percent), 

India (6.3 percent), and Germany (4.3 percent). Leading imports were foodstuffs, manufactured 

goods, refinery and transport equipment, medicines and chemicals. 
Syria

The U.S. Government requires a license for the export and reexport to Syria of all U.S.-origin 

commodities, technology, and software subject to the EAR except for food and certain medicine 

designated as EAR99. Certain categories of items, particularly medical devices, 

telecommunications equipment, and parts and components intended to ensure the safety of civil 

aviation and the safe operation of commercial passenger aircraft are subject to case-by-case 

review based on the presidential waiver exercised when the SAA was implemented. U.S. export 

sanctions on Syria have had a minimal impact on U.S. industry. 

Fiscal year 2012 licensing volume declined to 349 approved licenses compared to 432 in 2011, 

while dollar values dropped substantially to $420.8 million compared to $1.55 billion in 2011. 

Also during fiscal year 2012, the Department returned without action 57 license applications, 

valued at $56.9 million, and denied 3 license applications valued at $21.0 million. The three 

denied applications include a deemed export application, commercial equine artificial 

insemination equipment, and commercial satellite equipment. 

The overall decline in licensing volume and dollar values reflects a decline in exports across the 

three traditionally largest categories of exports medical devices, commercial 

telecommunications equipment, and commodities related to the safety of commercial aviation

largely due to the civil unrest which began in 2011. Of note, licensing related to the safety of 

civil aviation in Syria dropped from 5 licenses valued at $115.4 million in 2011 to a single 

license in 2012 valued at $2.3 million. Licensing for telecommunications rose to approximately 

$54.6 million. However, a substantial portion of telecommunications licensing is included 

within the 31 licenses valued at $45.7 million issued in support of the promotion of democracy 

and humanitarian relief related to the unrest in Syria, the overwhelming majority of which was 

funded by the United States Department of State. 

According to the CIA World Factbook 2012, Syria imported an estimated $12.9 billion in 

commodities in 2011. Leading Syrian imports include machinery and transport equipment, 

electric power machinery, food and livestock, metal and metal products, chemicals and chemical 

urkey (6.7 percent), Iran 

(5.3 percent), Italy (5.0 percent), Russia (4.5 percent), and Iraq (4.3 percent). 

United Nations Security Council Arms Embargoes 

The UN currently maintains embargoes, or partial embargoes, on the export of certain arms and 

re

Lebanon, Liberia, Libya, North Korea, Somalia, and Sudan. The Department of Commerce 

implemented these arms embargoes by amending Part 746 of the EAR in a final rule published in 

the Federal Register on July 23, 2012. The amendment also reflects the United Nations Security 
-related materiel to 

Rwanda and Sierra Leone, pursuant to United Nations Security Council Resolutions 1823 and 

1940 respectively. 

5. Effective Enforcement of Controls. The Secretary has determined that the United States 

has the ability to effectively enforce these controls. Controls on exports to embargoed and 

sanctioned countries and persons, including those discussed in this Chapter, raise a number of 

challenges. These include the need to concentrate limited resources on priority areas, develop 

new strategies to limit reexport violations, strengthen the cooperative relationship with other law 

enforcement agencies in the United States and overseas, and maintain a consistent outreach effort 

to help limit U.S. business vulnerability. Overall, the sanctions are generally understood and 

supported by the U.S. public. Voluntary cooperation from most U.S. exporters is common. 

The Department conducted a number of enforcement actions regarding noncompliance with 

these export controls during fiscal year 2012. For example: 

Blue Coat 

Computer Equipment to Syria 

On December 16, 2011, BIS added Waseem Jawad of Syria and his company, Infotec, located in 

the United Arab Emirates, to the Entity List based on evidence that Jawad used Infotec to 

purchase and export U.S.-origin internet filtering devices to Syria without the required export 

license from the U.S. Department of Commerce. In December 2010, Jawad ordered the 

equipment from an authorized distributor of Blue Coat equipment in the United Arab Emirates 

(UAE). The false end-user information received by Blue Coat, a U.S. company, was for a 

government telecommunications entity in Iraq. Jawad received the devices and transshipped 

them through the UAE to Syria. The Blue Coat SG9000-20 Proxy devices have been the subject 

of press reporting related to their potential use by the Syrian government to block pro-democracy 

websites and identify pro-democracy activists. Several of the devices have been identified by 

serial numbers as being used by the Syrian Telecommunications Establishment in Damascus, 

Syria. 

The Parts Guys, LLC 

Aircraft Parts to Iran 

On October 26, 2011, Michael Edward Todd, owner of The Parts Guys, LLC, was sentenced to 

46 months in prison, three years supervised release, and a forfeiture of $160,362 shared with 

Hamid Seifi, an Iranian-born U.S. national and the owner of Galaxy Aviation Services, and The 

Parts Guys, LLC, in connection with a conspiracy to export aircraft parts to Iran. On October 26, 

2011, The Parts Guys LLC was sentenced to a $400 special assessment and the shared $160,362 

forfeiture. On June 22, 2011, Galaxy Aviation Services was sentenced to a $400 special 

assessment and the shared forfeiture. On July 5, 2011, Seifi was sentenced to 56 months in 

prison, three years supervised release, a $12,500 criminal fine, a $200 special assessment and a 
forfeiture of $153,940 to be shared with Galaxy Aviation Services. In June 2011, BIS 

announced the addition of eight indicted defendants located in France, Iran and the United Arab 

Emirates (UAE) to the Entity List. Earlier in 2011, Todd, Seifi and Galaxy Aviation pled guilty 

to charges related to their roles in a conspiracy to violate the Arms Export and Control Act and 

International Emergency Economic Powers Act. Todd used his company to receive and fill 

orders for components from Seifi. Seifi and other entities in the UAE purchased components 

from Todd on the behalf of parties in Iran and conspired to export the components without 

obtaining the required export licenses from the U.S. Department of Commerce. The components 

included military parts for the Bell AH-1 attack helicopter, the UH-1 Huey attack helicopter, as 

well as the F-5 and F-4 fighter jets. This is a joint investigation with U.S. Immigration and 

Customs Enforcement and the Federal Bureau of Investigation. 

 

Sunrise Technologies and Trading Corporation/Jeng Shih 

Computer Equipment to Iran 

On October 7, 2011, Jeng Shih, owner of Sunrise Technology and Trading Company based in 

Flushing, NY, and Sunrise pled guilty in U.S. District Court in the District of Columbia to 

conspiracy to violate the International Emergency Economic Powers Act (IEEPA) and to defraud 

the United States. On October 11, 2011, BIS issued Final Orders denying the export privileges 

of Shih and Sunrise for 10 years (suspended) for their role in the illegal export of commodities to 

Iran. On February 17, 2012, Shih was sentenced to 18 months in prison, two years supervised 

release, forfeiture of $1.25 million shared with the company, and a $200 special assessment. 

Sunrise was sentenced to two years corporate probation, the shared forfeiture, and a $200 special 

assessment. Beginning in 2007, Shih, a U.S. citizen, conspired with a company operating in the 

UAE and Iran to procure U.S.-origin computers through Sunrise and export them through the 

UAE to Iran without obtaining the required license authorization from the Department of 

computer-related goods through the UAE to Iran. Later, the defendants caused an additional 185 

units of computer-related goods to be illegally exported to Iran via the UAE. This is a joint 

investigation with U.S. Immigration and Customs Enforcement. U.S. Customs and Border 

OFAC also assisted in 

the investigation. 

Massoud Habibion/Mohsen Motamedian/Online Micro LLC 

Computer Equipment to Iran 

On May 16, 2012, Massoud Habibion and Mohsen Motamedian were sentenced in U.S. District 

Court in the District of Columbia on charges related to a scheme to illegally export computerrelated goods worth millions of dollars through the United Arab Emirates (UAE) to Iran. 

Habibion and Motamedian are U.S. citizens who operate Online Micro LLC in Costa Mesa, CA. 

Habibion was sentenced to 13 months in prison, two years supervised release, and a $100 special 

assessment for conspiracy to violate the International Emergency Economic Powers Act and to 
defraud the United States. Motamedian was sentenced to time served in prison, three years of 

supervised release, $5,000 criminal fine, and a $100 special assessment for obstruction of justice. 

On February 16, 2012, both individuals pled guilty to the charges. In a related civil settlement 

with BIS and OFAC, Habibion and Online Micro LLC agreed to forfeit $1.9 million seized 

during the investigation by U.S. Immigration and Customs Enforcement (ICE). Habibion and his 

company also accepted a 10-year denial of export privileges which is suspended unless they 

violate export laws or terms of criminal and civil penalties. Motamedian separately agreed to a 

$50,000 monetary penalty to settle a civil charge that he provided false statements to federal law 

enforcement. In April 2011, Habibion and Motamedian were arrested in California and all three 

defendants were indicted. From November 2009 to December 2010, Habibion and Online Micro 

willfully conspired with a company operating in Dubai, UAE, and Tehran, Iran, to procure U.S.-

origin computers for Iran through Dubai without obtaining license authorizations from OFAC. 

The total value of the shipments during the conspiracy was more than $4.9 million. Online 

Micro also falsely identified the ultimate destination of the goods as the UAE. During the course 

of the investigation, Habibion and Motamedian told a government cooperator to lie to law 

enforcement officials about Iran being the true ultimate destination and counseled him to say the 

computer-related goods remained in Dubai. In 2007, Online Micro purchased 1,000 computer 

units from Dell Inc. for approximately $500,000. Later that year, Dell began receiving service 

calls concerning Dell computer units from individuals in Iran, and after conducting an internal 

investigation, suspended Online Micro from placing further orders with Dell. BIS assisted in the 

joint investigation with ICE and the U.S. Customs and Border Protection. 

Ericsson de Panama S.A. 

Telecommunications Equipment to Cuba 

On May 25, 2012, Ericsson de Panama S.A. of Panama City, Panama, entered into a settlement 

agreement with BIS in which the company agreed to pay a civil penalty of $1.753 million to 

settle 262 violations of the EAR. The settlement also requires a company-wide export audit 

conducted by an independent third party of all transactions connected with Cuban customers. 

Between 2004 and 2007, Ericsson de Panama knowingly implemented a scheme to evade the 

Regulations by routing items from Cuba through Panama to the United States, and then back to 

Cuba. The scheme included repackaging items to conceal their Cuban markings, forwarding the 

items to the United States for repair and replacement, and then facilitating the return of the items 

back to Cuba. The items were classified as 5A002, 4A994, 5A991, 5B991 or designated EAR99, 

and were controlled for national security, antiterrorism, encryption and sanctions reasons. 

Ericsson de Panama avoided possible criminal prosecution and heavier fines by voluntarily 

disclosing the violations to BIS and cooperating with the investigation. 
Saamen Company LLC 

Medical Supplies, Computers and Laboratory Equipment to Iran 

On June 6, 2012, BIS issued a Denial Order for a 10-year denial of export privileges against 

Mohammad Vaghari and his related company, Saamen Company LLC, for their role in the 

illegal export of commodities to Iran. On June 14, 2011, Mir Ghaemi, 

sentenced to time served in prison, six months supervised release, a $25 special assessment, and 

$680.90 restitution to be paid to the infringed companies. On June 3, 2011, Vaghari was 

sentenced to 33 months in prison, three years supervised release, and a $400 special assessment. 

On February 24, 2011, Vaghari was convicted by a jury in U.S. District Court in the Eastern 

District of Pennsylvania on charges of violating the International Emergency Economic Powers 

Act, conspiracy, and possession of immigration documents by fraud. On November 24, 2010, 

Mir Ghaemi pled guilty to charges of copyright infringement and aiding and abetting. The 

export control charges against Vaghari and Ghaemi are related to the export of medical supplies, 

computers and laboratory equipment through the United Arab Emirates to Iran without the 

required export license. 

ING Bank, N.V. 

Financial Transactions with Cuba and Iran 

On June 11, 2012, ING Bank N.V., a financial institution headquartered in Amsterdam, agreed to 

forfeit $619 million to the U.S. Department of Justice and the New York County District 

moving more than $2 billion in more than 20,000 transactions through the U.S. financial system 

on behalf of sanctioned Cuban and Iranian entities. ING Bank pled guilty to criminal 

information charging one count of conspiracy to violate the International Emergency Economic 

Powers Act and the Trading with the Enemy Act. The bank also entered into a parallel 

settlement agreement with OFAC which requires the bank to review policies and procedures, 

take risk-based sampling of U.S. dollar payments, and ensure its OFAC compliance program is 

functioning effectively. According to court documents, financial transactions occurred from the 

ing 

companies. ING Bank also purged payment data illegally, advised sanctioned clients on 

concealing operations, fabricated materials, and threatened retribution if 

conceal the activity. The investigation was initiated, in part, by a BIS investigation. ING Bank 

processed payments on behalf of Aviation Services International B.V., a Dutch company 

involved in illegal exports to Iran and the subject of BIS investigation. The investigation was 

conducted by the Federal Bureau of Investigation and the Internal Revenue Service. BIS and 

OFAC assisted in the investigation. 
Aviation Services International/Delta Logistics/Neils Kraaipoel/Robert Kraaipoel 

Aircraft Components to Iran 

On June 12, 2012, Robert Kraaipoel, Neils Kraaipoel and Aviation Services International (ASI), 

their aircraft parts supply company in the Netherlands, were sentenced in U.S. District Court in 

the District of Columbia. The Kraaipoels were sentenced to five years of probation and a $100 

special assessment each, and ASI was sentenced to five years of corporate probation, $100,000 

criminal fine and a $400 special assessment. On March 2, 2010, the Kraaipoels and ASI entered 

into settlement agreements with BIS and received suspended $250,000 civil penalties. Robert 

Kraaipoel and ASI received an export denial order for seven years, and Neils Kraaipoel received 

a three-year suspended export denial order. On September 24, 2009, the three defendants and 

Delta Logistics pled guilty in U.S. District Court in the District of Columbia to conspiracy to 

violate the Export Administration Regulations. Between 2005, and 2007, the Kraaipoels used 

ASI to purchase various electronic communications equipment from a U.S. company and falsely 

certified the equipment would be used by the Polish Border Control Agency. The equipment had 

potential applications in Unmanned Aerial Vehicles and the defendants exported the equipment 

through the Netherlands to a customer in Iran. The defendants also used the United Arab 

Emirates and Cyprus as intermediate countries for illegal exports of aluminum sheets, rods, 

polymide film, and other equipment. This was a joint investigation with U.S. Immigration and 

Customs Enforcement, Defense Criminal Investigative Service and the Federal Bureau of 

Investigation. 

Saeed Talebi 

Industrial goods to Iran 

On September 26, 2012, Saeed Talebi, an Iranian national, pled guilty in Manhattan federal court 

to conspiring to illegally export from the U.S. to Iran parts and goods designed for use in 

industrial operations. On numerous occasions throughout 2010 and 2011, Talebi worked with 

others to ship industrial parts and goods through a company located in Dubai to various 

petrochemical companies in Iran. In the course of his scheme, Talebi also caused money to be 

wired to the United States, including over $300,000 that was sent to a bank account in 

Manhattan. At the request of Talebi's attorney, sentencing has been postponed until February 7, 

2013 in order to allow time for the conduct of a psychiatric evaluation. This is an OEE 

investigation that was developed during a routine review of Shippers Export Declarations in the 

Automated Tracking System. 

C. Consultation with Industry 

In a September 7, 2012 Federal Register notice (77 FR 55183), the Department of Commerce 

solicited comments from industry and the public on the effectiveness of U.S. foreign policybased export controls. The comment period closed on October 9, 2012. A detailed review of all 
seven Technical Advisory Committees are solicited on a regular basis and are not specific to this 

report. 

D. Consultation with Other Countries 

The U.S. Government has made reasonable efforts to achieve the purposes of the U.S. embargoes 

and sanctions through negotiations with other countries, through international fora, and through 

the United Nations, as outlined in the specific country descriptions that follow. 

Certain Designated Persons 

The United States cooperates with allies and partners and shares information on the activities of 

designated terrorist entities. It is expected that strong international support for the U.S. fight 

against terrorism will further facilitate dialogue on foreign export control expansion. 

Cuba 

The U.S. Government has worked diligently with other nations, especially countries in Europe 

and Latin America, to resolve disputes that arise as a result of the U.S. embargo. Differences 

remain between the United States and other countries concerning the best method to encourage 

democracy and human rights. However, many nations share with the United States the ultimate 

goal of a free, peaceful, democratic, and market-oriented Cuba. 

Iran 

particularly the permanent members of the United Nations Security Council and Germany 

(P5+1), as well as other members of the United Nations Security Council, the IAEA Board of 

Governors, and like-minded countries. The United States continues to work with other states to 

includes pressure on Iran to comply with its international obligations and offers of engagement. 

The United States is also working with the IAEA to ensure that the agency has the capabilities it 

 resolve the 

Council requests that Iran suspend its proliferation-sensitive nuclear activities as required in UN 

Security Council Resolutions 1737, 1747, 1803, and 1929. The IAEA Director General released 

a very detailed report on the possible military dimensions (PMD) of Iranian nuclear program in 

November 2011, which prompted the IAEA Board of Governors to overwhelmingly adopt a 

resolution expressing deep concern o

IAEA and failure to comply with its international nuclear obligations. 
Iraq 

Prior to Operation Iraqi Freedom and the lifting of the embargo on Iraq, the United States 

maintained an ongoing dialogue on Iraq with other United Nations member states, as well as 

separately, with its allies and partners. Since the lifting of the embargo, the United States has 

continued discussions with many other countries on both a bilateral and multilateral basis. 

North Korea 

The United States continues multilateral and bilateral discussions with various countries, 

Russia on the ongoing issues concerning the nuclear and ballistic missile-related activities of 

North Korea. The United States is working with these and other countries to ensure effective 

implementation of sanctions under UN Security Council Resolutions 1718 and 1874, and will 

continue to work with these countries to achieve the verifiable denuclearization of the Korean 

Peninsula. 

Persons Sanctioned by the State Department 

The United States consults on a regular basis with other countries on proliferation and 

trafficking-related issues. Although other countries share U.S. concerns regarding the diversion 

of goods to unauthorized end-users or end uses, few countries maintain controls similar to those 

implemented by the United States, beyond those entities included in UNSCRs. 

Sudan 

The United States continues to consult with the United Nations, in addition to other countries and 

entities in both bilateral and multilateral forums, regarding the internal conflict in Sudan and to 

address the humanitarian needs of the population. 

Syria 

The United States is in constant communication with other countries regarding the Syrian 

through Syria destined for Iraq, Syrian nuclear, missile, and chemical/biological programs, and 

its abuse of its own citizens. Additionally, the United States has communicated its concerns to 

the Government of Syria directly and forcefully through the U.S. Embassy in Syria and the 

Syrian Ambassador in Washington. 

United Nations Security Council Arms Embargoes 

Most countries support international efforts to stabilize affected countries in order to prevent 

further ethnic conflict and regional instability, including through compliance with the United 

Nations arms embargoes. 
CHAPTER 6 

Toxic Chemicals, Chemical Precursors, and Associated Equipment, 

Technology, and Software 

(Sections 742.2, 742.18, 744.4, 744.6, and 745)13

Export Control Program Description and Licensing Policy 

The U.S. Government maintains export controls on certain chemicals, equipment, materials, 

software, technology, and entire plants to further U.S. foreign policy and prevent the 

proliferation and use of chemical weapons. The U.S. Government implements these controls in 

coordination with the Australia Group (AG), an informal forum of 40 nations and the European 

Commission that is dedicated to halting the proliferation of chemical and biological weapons. 

(See Appendix II for a complete list of AG members.) Also, the United States fulfills its 

obligations under the Chemical Weapons Convention (CWC or the Convention) by maintaining 

controls on certain chemicals.14 

Australia Group Controls 

The AG was formed in 1985 when the United States and 14 other nations agreed to enhance and 

harmonize controls on chemicals that could be used to produce chemical weapons. Since then, 

the AG has expanded its membership and has expanded its export control list to cover toxic 

biological agents and dual-use chemical and biological production related equipment and 

technologies. Member countries use the AG common control list and guidelines as a basis for 

-

which requires consultation with another AG partner that had previously denied an AGcontrolled item if a proposed transaction is essentially identical. 

License Requirements and Licensing Policy for AG Controls 

The licensing requirements for chemicals, equipment, materials, software, technology, and entire 

13 Chapter 7 of this report addresses U.S. biological controls. 

14 The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons 

25, 1997, and entered into force on April 29, 1997. 
plants imposed in accordance with AG commitments are noted below. There are 20 entries on 

the CCL that are subject to chemical controls. 

The U.S. Government requires a license for the export to all destinations other than AG member 

countries of chemical weapons precursor and intermediate chemicals, as identified on the AG 

common control list, technology for the development, production, and disposal of such items, 

relevant process control software, and the facilities designed to produce such chemicals. 

The U.S. Government also requires a license for the export to all destinations, other than AG 

member countries, of certain chemical manufacturing facilities and equipment, toxic gas 

monitoring systems and detectors that can be used in the production of chemical warfare agents, 

and the technology for the development, production, and disposal of such items. The countries 

to which these licensing requirements apply are listed in Column CB2 of the Commerce Country 

Chart, Part 738, Supplement No. 1 of the Export Administration Regulations (EAR). These 

licensing requirements also apply to the export of these items to designated terrorist-supporting 

countries. 

In addition, the U.S. Government also controls all items subject to the EAR because of chemical 

or biological end use or end-user concerns as part of the Enhanced Proliferation Control 

Initiative (EPCI). 

The U.S. Government requires a license for the export of any commodity, technology, or 

software to all destinations, worldwide, including to AG member countries, when the 

exporter knows that it will be used in the design, development, production, stockpiling, or 

use of chemical weapons. In addition, the U.S. Government may inform an exporter or 

reexporter that a license is required due to an unacceptable risk that the items will be used 

in, or diverted to, chemical weapons proliferation activities anywhere in the world. 

No U.S. person may knowingly support such an export, reexport, or in-country transfer 

transportation, 

or freight forwarding that facilitates the export, reexport, or in-country transfer of these 

items. 

In addition, no U.S. person may, without a license, perform any contract, service, or 

employment knowing that it will directly assist the design, development, production, 

stockpiling, or use of chemical weapons in, or by, any country or destination worldwide. 

The Department of Commerce, in coordination with the Departments of Defense, Energy, and 

State, reviews applications for licenses to export AG-controlled items on a case-by-case basis to 

determine whether the export would make a material contribution to the design, development, 
production, stockpiling, or use of chemical weapons. For licenses to export AG-controlled items 

to the Peo (PRC), Section 742.2 of the EAR imposes an additional 

review standard 

military capabilities. When the Department of Commerce determines, after interagency review, 

that an export will make a contribution meeting these criteria, the Department will deny the 

license. 

Trade Restrictions under the Chemical Weapons Convention 

The CWC, which entered into force in April 1997, bans the development, production, 

acquisition, stockpiling, retention, use, or transfer of chemical weapons, and establishes an 

extensive verification regime. The CWC Annex on Chemicals groups specified chemicals, 

in a schedule based on factors specified in the Convention, such as the level of toxicity and other 

properties that enable their use in chemical weapons applications. 

The toxic chemicals and precursors on Schedule 1 were previously developed, produced, 

stockpiled or used as chemical weapons, or pose a high risk to the object and purpose of the 

CWC based on the dangers identified in the Convention and have little, if any, use in legitimate 

commercial applications. The toxic chemicals and precursors on Schedule 2 pose a significant 

risk to the object and purpose of the CWC, in light of the dangers identified in the Convention, 

and are not produced in large commercial quantities for legitimate purposes. The toxic 

chemicals and precursors on Schedule 3 have been produced or used as chemical weapons or 

pose a risk to the object and purpose of the CWC, based on the dangers identified in the CWC, 

and are produced in large commercial quantities for legitimate purposes. 

The Department of State, under the International Traffic in Arms Regulations (ITAR), controls 

exports of the chemical warfare agents deemed to have military application, which by their 

ordinary and direct chemical action produce a powerful physiological effect. The Department of 

State controls all CWC Schedule 1 chemicals except ricin and saxitoxin, which are under the 

control of the Department of Commerce. The Department of Commerce controls all Schedule 2 

chemicals except six chemical precursors that are controlled through the ITAR and therefore fall 

under the jurisdiction of the Department of State. All Schedule 3 chemicals are controlled by the 

Department of Commerce. 

License Requirements and Licensing Policy for CWC Controls 

The following is a summary of the export restrictions and licensing requirements for chemicals 

subject to the EAR that are imposed to fulfill CWC treaty obligations, as set forth in Section 

742.18 of the EAR: 
A. CWC Schedule 1 chemicals may only be exported or reexported to CWC States Parties, 

and a license is required. Additionally, there are advance notification and annual reporting 

requirements for such exports. A license is also required for the export or reexport of Schedule 2 

chemicals to countries that are not States Parties to the CWC. Exports of Schedule 3 chemicals 

destined to States not Party to the CWC require a license unless the exporter obtains from the 

consignee an End-Use Certificate (issued by the government of the importing country) prior to 

exporting the Schedule 3 chemicals and submits it to BIS. Reexports of Schedule 3 chemicals 

require a license when they are reexported from a State not Party to the CWC to any other State 

not Party to the CWC. 

B. Export license applications for Schedule 1 chemicals to CWC States Parties are reviewed 

on a case-by-case basis. The Department of Commerce approves exports of Schedule 1 and 

Schedule 2 chemicals to CWC States Parties only for purposes not prohibited by the Convention. 

This is the underlying basis for the policy of denial for applications to export Schedule 1 and 

Schedule 2 chemicals to States not Party to the CWC. Additionally, there is a policy to deny 

applications to export Schedule 3 chemicals to States not Party to the CWC unless the importing 

country provides an End-Use Certificate. In addition, the U.S. Government reviews exports and 

reexports of technology related to the development and production of mixtures containing 

perfluoroisobutene , phosgene, cyanogen chloride, and hydrogen cyanide on a case-by-case 

basis. 

Summary of 2012 Developments 

On June 15, 2012, the AG published on its website concerns regarding the ongoing 

violence in Syria. AG participants noted that Syria continues to be a country of proliferation 

concern. AG participants agreed on the importance of increased vigilance with regard to dualuse exports to Syria and also agreed to subject exports to Syria to particular scrutiny. These 

agreements by the Australia Group participants support existing United States sanctions against 

Syria. 

On July 2, 2012, the Department of Commerce published a final rule in the Federal Register (77 

FR 39162) to implement the understandings reached at the June 2011 plenary meeting of the AG. 

This final rule amended Export Control Classification Numbers (ECCNs) 2B350 (Chemical 

manufacturing facilities and equipment) by adding a new Technical Note 3, at the end of the 

entry, to clarify that materials used for gaskets, packing, seals, screws or washers, or other 

materials performing a sealing function, do not determine the control status of the items listed in 

ECCN 2B350, provided that such components are designed to be interchangeable. This final 

rule also amended ECCN 2B350 to clarify certain control parameters for pumps. 
Analysis of Control as Required by Section 6(f) of the Export Administration Act

A. The Purpose of the Controls 

The purpose of these controls is to support the efforts of the AG to halt the development and 

production of chemical weapons and to comply with international obligations under the CWC. 

In addition, these controls implement certain measures specified in Executive Order 12735 of 

November 16, 1990, its successor, Executive Order 12938 of November 14, 1994, and the EPCI 

announced on December 13, 1990. In so doing, the controls provide the U.S. Government with 

the authority to regulate the export or reexport of any item from the United States when there is a 

significant risk that it will be used for chemical weapons proliferation purposes. 

The AG works to further nonproliferation objectives through harmonizing export controls, 

exchanging information, and other diplomatic means. In addition to furthering the objectives of 

the AG, these controls support U.S. compliance efforts with the CWC. To ensure that States 

Parties to the Convention do not transfer chemicals that could assist other states to acquire 

chemical weapons, the CWC requires that States Parties restrict the export of certain chemicals 

als of the 1925 

Geneva Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous, or other 

Gases, and of Bacteriological Methods of Warfare. 

B. Considerations and Determinations of the Secretary of Commerce 

1. Probability of Achieving the Intended Foreign Policy Purpose. The Secretary has 

determined that these controls are likely to achieve the intended foreign policy purpose, in light 

of other factors, including AG membership of other producing countries, and that the foreign 

policy purpose cannot fully be achieved through negotiations or other alternative means. Many 

of the items covered by these controls have commercial uses and are widely available from 

foreign sources. Some of the major sources of these items are located in industrialized countries 

that are members of the AG and States Parties to the CWC. Although it is not expected that 

export controls alone can prevent the proliferation of chemical weapons, these controls 

strengthen U.S. and like- m the spread of such weapons and continue 

to be a significant part of the overall nonproliferation strategy of the United States. 

2. Compatibility with Foreign Policy Objectives. The Secretary has determined that these 

controls are compatible with U.S. foreign policy objectives and that the extension of these 

controls will not have any significant adverse foreign policy consequences. The U.S. 

Government has a strong interest in remaining at the forefront of international efforts to stem the 

proliferation of chemical weapons. These controls are compatible with the multilateral export 
controls for chemicals and related equipment and technology agreed to by the AG. Moreover, 

the U.S. Government has binding international obligations under the CWC: to refrain from 

developing, producing, acquiring, stockpiling, retaining, using or engaging in military 

preparations for the use of chemical weapons; to refrain from assisting, encouraging or inducing 

anyone to engage in prohibited activity; preventing anyone from engaging or assisting in 

prohibited chemical weapons activities; and implementing national legislation to penalize 

prohibited activities and to control certain chemical exports. 

3. Reaction of Other Countries. The Secretary has determined that any adverse reaction to 

these controls is not likely to render the controls ineffective; nor will any adverse reaction by 

other countries be counterproductive to U.S. foreign policy interests. The U.S. Government 

continues to discuss chemical export controls with countries outside of the AG to advance the 

goals of nonproliferation. The governments of some developing countries claim that AG export 

controls discriminate against less industrialized nations by depriving them of goods and 

assistance in the field of chemical technology. The United States considers that these assertions 

are incorrect. In fact, in international forums, the U.S. Government has sought to dispel this 

perception by clarifying the purpose of the controls and by demonstrating that the U.S. 

Government denies few export license requests for shipment to developing countries. 

4. Economic Impact on United States Industry. The Secretary has determined that any 

adverse effect of these controls on the economy of the United States, including on the 

competitive position of the United States in the international economy, does not exceed the 

benefit to U.S. foreign policy objectives. 

In Fiscal Year 2012, the Department of Commerce approved 3,247 license applications, valued 

at $11,704,983,743, for the export or reexport of chemical precursors, equipment, and related 

technology. The majority of the value of these approvals (97 percent) was for precursor 

chemicals controlled under ECCN 1C350, which are chemicals that have many commercial uses. 

The bulk of the remaining value of these approvals (3 percent) was for chemical processing 

equipment controlled under ECCN 2B350 and monitoring equipment controlled under ECCN 

2B351, which covers equipment with many commercial uses. The Department denied 5 license 

applications valued at $172,162, and returned without action 235 license applications valued at 

$111,158,002. The primary reason for returning applications was for insufficient information 

about the transaction. The actual trade in these controlled commodities is significantly greater 

than the value of the license applications submitted because exporters may export many of these 

commodities to AG member countries without a license. 

5. Effective Enforcement of Controls. The Secretary has determined that the United States 

has the ability to enforce these controls effectively. The size, dispersion, diversity, and 

specialized nature of the dual-use chemical industry make detecting and investigating potential 
violations challenging for enforcement personnel. Challenges include distinguishing commercial 

procurement from chemical weapons-related transactions, and establishing appropriate 

commodity thresholds for targeting and tracking exports and reexports for verification of end 

uses and end users. It is a

-

- s 

may be exposed to personal safety risks when seizing and inspecting chemical materials. 

To meet the challenge of effective enforcement of these controls, the Department of Commerce 

has directed resources toward preventive enforcement, in addition to continued efforts to pursue 

all leads on activities of concern provided by intelligence, industry, and other sources. Also, the 

controls related to chemical products and helps prevent the illegal export of dual-use products 

that can be used to make chemical weapons. In cases where unlicensed shipments of chemical 

materials have already taken place, the Department of Commerce has found that, as in other 

export control enforcement cases, analysis of commercial shipping documentation can lead to 

successful investigations and prosecutions. 

The Department conducted a number of enforcement actions regarding noncompliance with 

these export controls, including the following: 

Ulrich Davis 

Aircraft Parts/Chemicals to Iran 

On May 15, 2012, Ulrich Davis, a Dutch citizen and former manager of a freight forwarder 

based in the Netherlands, was sentenced to six months in prison, a $2,000 criminal fine, and a 

$100 special assessment. On February 6, 2012, Davis pled guilty in U.S. District Court in the 

District of New Jersey to one count of conspiracy to violate the International Emergency 

Economic Powers Act and the Iranian Transactions Regulations. The charges related to Davis 

conspiring with others to export aircraft parts and chemicals through the Netherlands to Iran and 

violating a Temporary Denial Order (TDO). In 2007 and 2008, Davis was the Sales and 

Business Development Manager for a freight forwarder in the Netherlands which was affiliated 

with a New York-based freight-forwarding company. On August 6, 2011, Special Agents of 

OEE and U.S. Immigration and Customs Enforcement arrested Davis as he was boarding an 

aircraft destined for the Netherlands at Newark Liberty International Airport, NJ. In October 

2007, BIS issued a TDO which denied export privileges to Davis and a coThe co-conspirator, who was located in another country, purchased chemicals, lubricants, 

sealants and other aircraft-industry items. Davis facilitated their export to Iran by arranging for 

transport to New York and completing air waybills for shipment to Iran after the issuance of the 

TDO. Davis and his employer also caused several illegal reexports to Iran by disguising the 

nature of shipments through falsely listing the Netherlands as the ultimate destination and 
removing invoices and item lists. Commodities included attitude direction indicators for aircraft, 

a fuel control unit for use on a Boeing 747 aircraft, and C-130 aircraft parts. This was a joint 

investigation with U.S. Immigration and Customs Enforcement and the Defense Criminal 

Investigative Service. 

Flowserve Corporation 

Pumps, Valves and Related Components to Iran and Syria 

On September 29, 2011, BIS issued Final Orders to Flowserve Corporation and ten of its foreign 

affiliates, who agreed to pay civil penalties totaling $2.5 million to settle 288 charges of violating 

the Export Administration Regulations. Additional civil penalties include requirements to 

conduct external audits of their compliance programs and submit the results to BIS. Flowserve is 

headquartered in Irving, TX, and is a supplier of goods and services to the oil, gas, chemical, and 

operation with the 

investigation significantly reduced the penalty amount. Between 2002 and 2008, Flowserve and 

its foreign affiliates made unlicensed exports and reexports of pumps, valves and related 

components to a variety of countries including China, Singapore, Malaysia and Venezuela. Six 

reexport of controlled items to Syria without the required U.S. Government authorization. The 

items were controlled by the Department of Commerce for reasons of chemical and biological 

weapons proliferation and required licenses for export. In a related case, the Department of the 

violations of Iranian, Cuban, and Sudanese sanctions programs. Flowserve agreed to 

pay a $502,408 civil penalty to resolve the OFAC charges. 

Violations of the Chemical Weapons Convention Regulations (CWCR) 

There are no CWCR violations to report for Fiscal Year 2012. 

 

C. Consultation with Industry 

In a September 7, 2012 Federal Register notice (77 FR 55183), the Department of Commerce 

solicited comments from the public on the effectiveness of U.S. foreign policy-based export 

controls. The comment period closed on October 9, 2012. A detailed review of all public 

comments received may be found in Appendix I. 

The Department of Commerce interacts with the chemical industry in a number of ways, 

including with individual companies seeking export licenses, through technical advisory 

committees (TACs), and through trade associations. BIS consults regularly with exporting firms 

on proposed export transactions and marketing plans to facilitate the thorough, yet prompt, 

review of export license applications. Through the TACs, the Department of Commerce keeps 

industry representatives abreast of proposals for the review of items on the CCL and gives them 
solicited on an ongoing basis and are not specific to this report. 

The Department of Commerce works with chemical industry associations, including the 

American Chemistry Council and the Society of Chemical Manufacturers and Affiliates, and 

with government agencies such as the Departments of State, Defense, Energy and the Federal 

Bureau of Investigation, to gain valuable input regarding CWC implementation and to meet the 

D. Consultation with Other Countries 

These controls are consistent with the multilateral export control criteria of the AG, which 

been agreed through negotiations with the member countries of the AG. In addition, a number of 

non-AG countries, including Russia and China, have taken steps to adopt AG-type controls. An 

encouraging non-members to observe similar export controls. The U.S. Government continues 

to encourage harmonization of export control provisions among AG participants to ensure a level 

playing field for U.S. exporters. 

E. Alternative Means 

The U.S. Government continues to address the problem of the proliferation of chemical weapons 

on a number of fronts. Direct negotiations with countries intent on acquiring chemical weapons 

are not likely to prevent the use of controlled materials in such activities, nor are such 

negotiations likely to affect the behavior of these countries. 

Alternative means to curtail the acquisition and development of chemical warfare capabilities, 

such as diplomatic negotiations, do not obviate the need for controls. Examples of additional 

means that the U.S. Government has used and will continue to use, in an attempt to curb the use 

and spread of weapons of mass destruction, include: 

Sanctions: U.S. laws such as the Chemical and Biological Weapons Control and Warfare 

Elimination Act of 1991 (Pub. L. 102-182, Title III, Dec. 4, 1991, 105 Stat. 1245), the 

Iran-Iraq Arms Non-Proliferation Act of 1992 (Pub. L. 102-484) (Title XVI), and the 

Iran, North Korea, and Syria Nonproliferation Act (Pub. L. 105-292, 112 Stat. 2787, 50 

U.S.C. § 1701 (note)) provide for the imposition of sanctions on foreign entities and 

countries for certain kinds of chemical and biological weapons-related activity. The U.S. 

Government has imposed sanctions under these authorities on certain entities for 

chemical weapons-related activities. 
Universality of the CWC: The CWC imposes a global ban on the development, 

production, stockpiling, retention, and use of chemical weapons by States Parties and 

prohibits States Parties from assisting, encouraging, or inducing a non-State Party to 

engage in such activities. The CWC also prohibits the direct or indirect transfer of 

chemical weapons, restricts trade in certain chemicals to States that are not States Parties 

to the CWC, and has created an international organization to monitor the destruction of 

chemical weapons and the production, use, and trade of toxic chemicals and chemical 

precursors in and among States Parties to the CWC. 

As part of its CWC implementation activities, the Department of Commerce also collects 

industry reports regarding the production, processing, consumption, import, and export of toxic 

chemicals and chemical precursors for purposes not prohibited by the CWC (e.g., industrial, 

agricultural, and other peaceful purposes), which are forwarded to the Organization for the 

Prohibition of Chemical Weapons (OPCW) as part of the U.S. declaration. The Department of 

Commerce also acts as the lead, host, and escort for OPCW inspection teams as they inspect 

certain U.S. chemical facilities to verify that activities are consistent with the information 

provided in the U.S. declaration. 

F. Foreign Availability 

Past reviews conducted by the Department of Commerce revealed that a wide range of AG 

chemical precursors and production equipment are available from non-AG countries. Non-AG 

suppliers of precursors and related production equipment include Brazil, Chile, Colombia, India, 

Mexico, China, South Africa, countries of the former Soviet Union, Taiwan, and Thailand. 

However, almost all non-AG suppliers have become States Parties to the CWC and will take 

steps under this treaty to prevent chemical weapons development and production. Moreover, 

successful outreach by AG countries has led most non-AG suppliers to adopt export controls that 

de efforts through its 

membership in both the AG and CWC to secure the cooperation of foreign governments to 

control the foreign availability of chemical precursors and production equipment. 
CHAPTER 7 

Biological Agents and Associated Equipment and Technology 

(Sections 742.2, 744.4 and 744.6)15

Export Control Program Description and Licensing Policy 

The U.S. Government controls the export of certain microorganisms, toxins, biological 

equipment, and related technology to further U.S. foreign policy interests in opposing the 

proliferation and use of biological weapons. The U.S. Government implements these export 

controls multilaterally in coordination with the Australia Group (AG), a forum of 40 nations and 

the European Commission, cooperating to halt the proliferation of chemical and biological 

weapons. The U.S. Government also supports international efforts to secure a total ban on 

biological weapons in compliance with the Convention on the Prohibition of the Development, 

Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their 

Destruction (BWC).16 

Australia Group Controls 

The AG was formed in 1985 when the United States and 14 other nations agreed to enhance and 

harmonize controls on chemicals that could be used to produce chemical weapons. Since then, 

the AG has expanded its membership and its export control list to cover toxic biological agents 

and dual-use chemical and biological production related equipment and technologies. AG 

member countries use the AG common control list and guidelines as a basis for developing and 

-

consultation with another AG partner that previously denied an AG-controlled item if a proposed 

transaction is essentially identical. 

License Requirements and Licensing Policy 

The licensing requirements for biological agents, related equipment, and technology, imposed in 

accordance with AG commitments, are noted below. There are 12 entries on the CCL that are 

15 Chapter 6 of this report addresses U.S. chemical controls. 

16 The Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological 

(Biological) and Toxin Weapons and on Their Destruction (BWC) was signed in 1972 and ratified by the United 

States in 1975. 
subject to biological controls. 

A. The U.S. Government requires a license for the export to all destinations of certain 

human pathogens, zoonoses, toxins, animal pathogens, genetically modified microorganisms and 

plant pathogens, and the technology for the production and disposal of such items. 

 

The U.S. Government requires a license for export to all destinations, other than AG member 

countries, of certain dual-use equipment and materials that can be used to produce biological 

agents and related technology. The countries for which this licensing requirement applies are 

those indicated in Column CB2 (Chemical and Biological Weapons, Column 2) of the 

Commerce Country Chart, Supplement No. 1 to Part 738 of the Export Administration 

Regulations (EAR), as well as the sanctioned destinations identified in Part 746 of the EAR. 

The U.S. Government requires a license for the export of medical products identified in Export 

Control Classification Number (ECCN) 1C991.d. The countries for which this licensing 

requirement applies are those indicated in Column CB3 (Chemical and Biological Weapons, 

Column 3) of the Commerce Country Chart, Supplement No. 1 to Part 738 of the Export 

Administration Regulations (EAR), as well as the sanctioned destinations identified in Part 746 

of the EAR. 

The U.S. Government requires a license for the export of medical products identified in Export 

Control Classification Number (ECCN) 1C991 (all paragraphs except d). The countries for 

which this licensing requirement applies are those indicated in Column AT1 (Anti-terrorism, 

Column 1) of the Commerce Country Chart, Supplement No. 1 to Part 738 of the Export 

Administration Regulations (EAR), as well as the sanctioned destinations identified in Part 746 

of the EAR 

The U.S. Government also controls items subject to the EAR because of biological end-use or 

end-user concerns. These controls are part of the Enhanced Proliferation Control Initiative 

(EPCI), announced by President George H.W. Bush on December 13, 1990. 

The U.S. Government requires a license for the export of any commodity, technology, or 

software when the exporter knows that it will be used in the design, development, 

production, stockpiling, or use of biological weapons in, or by, any country anywhere in 

the world, including AG member countries. In addition, the U.S. Government may 

inform an exporter or reexporter that a license is required due to an unacceptable risk that 

the items will be used in, or diverted to, biological weapons proliferation activities 

anywhere in the world. 
No U.S. person may knowingly support such an export, reexport, or in-country transfer 

or freight forwarding, that facilitates the export, reexport, or in-country transfer of these 

items. 

In addition, no U.S. person may perform, without a license, any contract, service, or 

employment knowing that it will directly assist the design, development, production, 

stockpiling, or use of biological weapons in, or by, any destination or country anywhere 

in the world. 

B. The Department of Commerce, in coordination with the Departments of Defense, Energy, 

and State, reviews applications for licenses on a case-by-case basis to determine whether the 

export would make a material contribution to the design, development, production, stockpiling, 

or use of biological weapons. When the Department of Commerce determines as a result of an 

interagency review that an export will make such a contribution, it will deny the application. For 

licenses to export AG- (PRC), Section 742.2 

of the EAR imposes an additional review standard whether the items will make a direct and 

 military capabilities. When the Department of Commerce 

determines, after interagency review, that an export will make a contribution meeting these 

criteria, the Department will deny the license. 

Summary of 2012 Developments 

On June 15, 2012, the AG published on its website concerns regarding the ongoing 

violence in Syria. AG participants noted that Syria continues to be a country of proliferation 

concern. AG participants agreed on the importance of increased vigilance with regard to dualuse exports to Syria and also agreed to subject exports to Syria to particular scrutiny. These 

agreements by the Australia Group participants support existing United States sanctions against 

Syria. 

On July 2, 2012, 77 

FR 39162) the understandings reached at the June 2011 plenary 

meeting of the AG. This rule amended ECCNs 1C351 and 1C353 to reflect the AG changes to 

Rickettsia rickettsia were removed from ECCN 1C351, as they are no longer included on the AG 

genetically modi

also includes chromosomes, genomes, plasmids, transposons, and vectors that have been 

; and adding a new Technical Note 4 to clarify that 
this ECCN controls certain de novo chemically synthesized genetic material and artificially 

produced organisms. 

Analysis of Controls as Required by Section 6(f) of the Export Administration Act 

A. The Purpose of the Controls 

The controls described above are intended to prevent a U.S. contribution to the proliferation and 

illegal use of biological weapons and to promote U.S. foreign policy objectives that seek to 

inhibit the proliferation of biological weapons. The controls also provide the regulatory 

authority to stop the export of any item from the United States when there is a significant risk 

that it will be used for biological weapons purposes. In addition, the controls implement certain 

measures directed in Executive Order 12735 of November 16, 1990; its successor, Executive 

Order 12938 of November 14, 1994; and the EPCI, announced on December 13, 1990. 

The U.S. Government implements these controls in coordination with the AG. The AG works to 

accomplish multilateral objectives through harmonizing export controls, exchanging information, 

and other diplomatic means. In addition, these controls demonstrate the commitment of the 

United States to its obligation under the BWC not to develop, produce, stockpile, acquire, or 

retain biological agents, weapons, equipment, or the means of delivery for warfare purposes, or 

to assist others in such activities. The controls also advance the goals of the 1925 Geneva 

Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous, or other Gases and of 

Bacteriological Methods of Warfare (Geneva Protocol). 

B. Considerations and/or Determinations of the Secretary of Commerce 

1. Probability of Achieving the Intended Foreign Policy Purpose. The Secretary has 

determined that these controls are likely to achieve the intended foreign policy purpose, in light 

of other factors, including availability of relevant items from other countries, and that the foreign 

policy purpose cannot fully be achieved through negotiations with its partners in the AG and in 

the BWC. The Secretary has made this determination despite the existence of certain factors, 

including availability of these items from other sources, which challenge the full achievement of 

foreign policy goals. These controls affirm U.S. opposition to the development, proliferation, 

and use of biological weapons and serve to distance the United States from such activities. 

2. Compatibility with Foreign Policy Objectives. The Secretary has determined that these 

controls are compatible with U.S. foreign policy objectives and that the extension of these 

controls will not have any significant adverse foreign policy consequences. The U.S. 

Government has a strong interest in remaining at the forefront of international efforts to stem the 
proliferation of biological weapons. Also, these controls are compatible with the multilateral 

export controls for biological materials agreed to by the AG. 

3. Reaction of Other Countries. The Secretary has determined that any adverse reaction to 

these controls is not likely to render the controls ineffective, nor will any adverse reaction by 

other countries be counterproductive to U.S. foreign policy interests. The U.S. Government 

continues to discuss biological export controls with countries outside of the AG to advance the 

goals of nonproliferation. 

4. Economic Impact on U.S. Industry. The Secretary has determined that any adverse 

effect of these controls on the economy of the United States, including on the competitive 

position of the United States in the international economy, does not exceed the benefit to United 

States foreign policy objectives. 

 

In fiscal year 2012, the Department of Commerce approved 1,220 license applications valued at 

$219,263,547 for the export or reexport of biological agents, vaccines and equipment. The 

majority of the value of these approvals (85 percent) was for biological processing and handling 

equipment controlled under ECCN 2B352. The bulk of the remaining value of these approvals 

(13 percent) was for human pathogens, zoonoses, and toxins controlled under ECCN 1C351. The 

Department denied five license applications valued at $859,166 and returned without action 73 

license applications valued at $5,737,643. The primary basis for returning applications was 

insufficient information about the transactions. 

5. Effective Enforcement of Controls. The Secretary has determined the United States has 

the ability to enforce these controls effectively. Enforcing controls on biological weaponsrelated materials poses challenges similar to the enforcement of chemical controls, but with 

additional factors. Biological agents are microscopic organisms that require technical expertise 

and specialized facilities to identify and to handle. Because of their size, biological agents can 

often be concealed and transported with ease. 

To meet the challenge of effectively enforcing these proliferation controls, the Department of 

Commerce focuses resources on preventive enforcement. Commerce personnel conduct an 

extensive, ongoing outreach program to educate industry about export controls. The program is 

icious orders for products or equipment that 

could be used for biological weapons proliferation. In cases where unlicensed shipments of 

biological materials have already taken place, the Department of Commerce has found that, as in 

other export control enforcement cases, analysis of commercial shipping documentation can lead 

to successful investigations and prosecutions. 
C. Consultation with Industry 

In a September 7, 2012 Federal Register notice (77 FR 55183), the Department of Commerce 

solicited comments from the public on the effectiveness of U.S. foreign policy-based export 

controls. The comment period closed on October 9, 2012. A detailed review of all public 

comments received may be found in Appendix I. 

Biological products exporters include commercial firms as well as academic and government 

entities. The Department of Commerce maintains ongoing interaction with individual exporters, 

TACs, and trade associations to discuss proposed export transactions and marketing plans to 

facilitate the thorough, yet prompt, review of export license applications. Through the TACs, the 

Department keeps industry representatives abreast of licensing proposals for items on the control 

seven TACs are solicited on an ongoing basis and are not specific to this report. 

D. Consultation with Other Countries 

Recognizing that multilateral coordination of export controls and enforcement actions is the most 

effective means of restricting proliferation activities, the U.S. Government coordinates its 

controls on biological items with other countries in the AG. 

The U.S. Government continues to address the problem of biological weapons proliferation 

through a variety of international forums and urges other AG members to pursue export control 

cooperation with non-members on a bilateral or regional basis. 

E. Alternative Means 

The U.S. Government continues to address the problem of biological weapons proliferation on a 

number of fronts. Direct negotiations with countries intent on acquiring biological weapons are 

not likely to prevent the use of U.S.-origin materials for such activities and negotiations are 

unlikely to affect the behavior of these countries. 

Alternative means to curtail the acquisition and development of biological warfare capabilities, 

such as diplomatic negotiations, do not obviate the need for controls. The following examples 

demonstrate additional means that have been, and will continue to be, used in an attempt to curb 

the use and spread of weapons of mass destruction: 

Regulations issued by the Public Health Service (42 CFR Part 72) pursuant to the 

Antiterrorism and Effective Death Penalty Act of 1996 (Sec. 511 of Pub. L.104-132, 
April 24, 1996, 110 Stat. 1214) place additional shipping and handling requirements on 

laboratory facilities that transfer or receive select infectious agents capable of causing 

substantial harm to human health. 

The Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 

(Pub. 102-182, Title III, December 4, 1991, 105 Stat. 1245), the Iran-Iraq Arms 

Nonproliferation Act of 1992 (Pub. L. 102-484) (Title XVI), and the Iran, North Korea, 

and Syria Nonproliferation Act (Pub. L. 105-292, 112 Stat. 2787, 50 U.S.C. § 1701 note) 

provide for the imposition of sanctions on foreign persons or countries for certain kinds 

of chemical and biological weapons-related activity. The U.S. Government has imposed 

sanctions under these authorities on certain entities for chemical and biological weaponsrelated activities. 

The negotiations and alternative means undertaken by the U.S. Government demonstrate that it 

has made reasonable efforts to achieve the purposes of the controls; however, these actions have 

not had results that are as effective as the maintenance and renewal of the controls. 

F. Foreign Availability 

Most of the AG-controlled biological agents, and related equipment to produce them, are 

available from many sources. (Biological agents are, in fact, endemic.) Notwithstanding the 

difficulties related to controlling these items effectively, the United States and its AG partners 

consider it necessary to maintain controls in order to stem shipments to potential weapons 

developers. Foreign availability is a factor considered by the AG member countries in their 

coordination of controls, though many non-AG suppliers model their own export controls on the 

Australia Group export controls. 
CHAPTER 8

Missile Technology Controls 

(Sections 742.5 and 744.3)

Export Control Program Description and Licensing Policy 

The U.S. Government maintains export controls on certain equipment, materials, software, and 

technology to further the U.S. foreign policy of stemming the proliferation of missiles capable of 

delivering weapons of mass destruction (WMD). The U.S. Government implements these 

controls in coordination with the members of the Missile Technology Control Regime (MTCR), 

an informal political arrangement of 34 nations that cooperate to halt the proliferation of such 

missiles. (See Appendix II for a complete list of MTCR members.) Of note, several other 

countries, including India, Israel, Macedonia, Romania, and Slovakia, unilaterally adhere to the 

MTCR Guidelines. 

Section 1512 of the National Defense Authorization Act for Fiscal Year 1999 permits the export 

-related equipment 

defined in Section 74 of the Arms Export Control Act, only if the President certifies to Congress 

that (1) the export is not detrimental to the United States space launch industry and (2) the 

equipment or technology to be exported, including any indirect technical benefit that could be 

derived from the export of the items, will not measurably improve the missile or space launch 

capabilities of the PRC. In 2009, the President delegated the authority to make such 

certifications to the Secretary of Commerce. See Presidential Determination No. 2009 31 of 

September 29, 2009 (74 FR 50913 (Oct. 2, 2009)). Decisions regarding whether the criteria for 

such certifications is met, however, continue to be made on an interagency basis. 

Missile Technology Control Regime Controls 

On April 16, 1987, the United States, Canada, France, Germany, Italy, Japan, and the United 

Kingdom created the MTCR to limit the proliferation of missiles capable of delivering nuclear 

weapons. Since that time, the number of MTCR Partners has increased to 34 countries. Member 

countries agreed to further expand the MTCR controls in 1993 to include missile delivery 

systems for all types of WMD. The MTCR Equipment, Software, and Technology Annex lists 

missile-related items controlled pursuant to the MTCR Guidelines. It is divided into two 

categories. Category I items include complete missile systems, complete subsystems, production 

facilities, production equipment, and associated software and technology for missile systems 

capable of delivering at least a 500 kilogram (kg) payload to at least a 300 kilometer (km) range. 
Category II items include materials, components, and production and test equipment associated 

with Category I items, as well as missile systems, major subsystems, production facilities, and 

production equipment for missile systems with a range equal to or greater than 300 km, 

regardless of payload. 

License Requirements for MTCR Controls 

The Department of Commerce is responsible for administering controls on manufacturing 

equipment for Category I items and all dual-use items in Category II. The MTCR Guidelines 

and the Equipment, Software, and Technology Annex form the basis for U.S. missile technology 

controls, providing guidance for licensing policy, procedures, review factors, and standard 

assurances on missile technology exports. 

Approximately 120 entries on the CCL are subject to missile technology controls. License 

applications for Category I items are subject to a strong presumption of denial regardless of 

purpose, and license applications for the export, reexport or transfer (in-country) of production 

facilities for Category I items will be denied. The Department will approve the export of 

Category II items only after a case-by-case review consistent with U.S. law, policy, and 

regulations, as well as international nonproliferation commitments. The United States observes 

the multilateral commitment to honor the denial of licenses for MTCR Annex items by other 

MTCR members and to support such d

enhances efforts to prevent missile proliferation and helps to establish a level commercial 

playing field within the regime. 

In summary, the licensing requirements and policy for missile technology controls described in 

Sections 742.5 and 744.3 of the Export Administration Regulations (EAR) are as follows: 

The U.S. Government requires a license for the export or reexport to all destinations 

except Canada of dual-use items specifically identified on the CCL as controlled for 

missile technology reasons. 

The U.S. Government also controls items subject to the EAR due to end-use or end-user 

concerns related to the proliferation of certain rocket systems and unmanned aerial 

vehicles (UAVs). The U.S. missile catch-all policy meets U.S. nonproliferation 

objectives and is consistent with the MTCR Guidelines. The Department of Commerce 

reviews applications for licenses on a case-by-case basis to determine whether the export 

would make a material contribution to the proliferation of certain rocket systems or 

UAVs. If the Department of Commerce determines that an export will make such a 

contribution, the application will be denied. 
Summary of 2012 Changes 

The annual Plenary for the MTCR was held in October 2012 in Berlin, Germany. During the 

Plenary, the United States highlighted the need for regionally-focused nonproliferation efforts 

from MTCR Partners and the importance of effectively implementing catch-all controls to 

impede the flow of non-listed items to missile programs of concern. The Plenary reached 

consensus on implementing a U.S. proposal for improving catch-all controls and agreed to begin 

The MTCR also held a Technical Experts meeting in conjunction with the Plenary to discuss 

changes to the MTCR control list. As a result of the Technical Experts meeting, several changes 

to the MTCR Annex were adopted. These changes may necessitate modifications to the control 

text of certain ECCNs, such as 1C011, 9A101, and 9B105. 

Analysis of Controls as Required by Section 6(f) of the Export Administration Act 

A. The Purpose of the Controls 

These controls curtail the availability of goods and technology and other support that could 

contribute to missile proliferation. U.S. export controls on specific types of missile-related 

equipment and technology, in coordination with those of other supplier countries, limit the 

proliferation of missile systems and related technology. These controls complement U.S. and 

international nuclear, chemical, and biological nonproliferation efforts by blocking the 

development of unmanned delivery systems for WMD. Also, these controls provide U.S. 

support to the collective effort of the MTCR to address mounting international concern regarding 

missile proliferation. 

B. Considerations and Determinations of the Secretary of Commerce 

1. Probability of Achieving the Intended Foreign Policy Purpose. The Secretary has 

determined that these controls are likely to achieve the intended foreign policy purpose, in light 

of other factors, including the limited foreign availability of items controlled for Missile 

Technology (MT) reasons, and that the foreign policy purpose cannot fully be achieved through 

negotiations or other alternative means. The controls at issue have been in part achieved through 

international or multilateral negotiations. Although some controlled items are available from 

other countries, cooperation among the United States, its MTCR Partners, and other like-minded 

countries, many of which are major producers of the items under control, has hindered the efforts 

of proliferators to develop or acquire militarily effective missiles. The Secretary has determined 

that extending these controls is likely to limit the spread of missile delivery systems. 
2. Compatibility with Foreign Policy Objectives. The Secretary has determined that these 

controls are compatible with U.S. foreign policy objectives and that the extension of these 

controls will not have any significant adverse foreign policy consequences. Halting the spread of 

missiles and related equipment and technology worldwide is a key U.S. national security and 

nonproliferation objective. Missile technology export controls are consistent with, and 

contribute to, achieving this objective. U.S. membership in the MTCR complements existing 

nuclear, chemical, and biological nonproliferation policies by curbing the spread of missile 

technology and equipment for the delivery of WMD. 

3. Reaction of Other Countries. The Secretary has determined that any adverse reaction to 

these controls is not likely to render the controls ineffective, nor will any adverse reaction by 

other countries be counterproductive to U.S. foreign policy interests. The United States is 

confident that other members of, and unilateral adherents to, the MTCR, many of which are also 

the leading suppliers of missile-related technology, will continue to support and strengthen this 

control regime. MTCR Partners share information regarding denials of Annex items and are 

activities of missile technology proliferation concern and have cooperated to interdict specific 

shipments. The number of non-MTCR countries willing to cooperate with the regime has 

increased over the past several years. Finally, the United States and its MTCR Partners are 

actively engaged in an outreach program to encourage additional countries to adhere to the 

Guidelines and implement effective export controls on MTCR items. 

4. Economic Impact on U.S. Industry. The Secretary has determined that any adverse 

effect of these controls on the U.S. economy, including on the competitive position of the United 

States in the international economy, does not exceed the benefits to U.S. foreign policy 

objectives. Only a narrow list of items is subject to missile controls, and the effect on overall 

cy helps ensure that no 

member obtains an unfair commercial advantage in the international marketplace. 

In fiscal year 2012, the Department of Commerce approved 1,064 applications, valued at 

$2.2 billion dollars, for the export or reexport of missile technology-controlled items. In 

addition, the Department rejected 11 applications valued at $15.8 million and returned without 

action 51 applications valued at $149.6 million. Comparatively few licenses for missile 

technology items are denied because: (1) exporters do not generally pursue transactions they 

understand will be rejected (based on the applicable licensing policy); and (2) most of the 

applications involve exports to destinations, and for end uses, that do not pose missile 

proliferation concerns. 
Under the Enhanced Proliferation Control Initiative (EPCI) control related to missile technology 

(15 C.F.R. § 744.3), the Department of Commerce approved 11 applications, valued at $2.8 

million, denied 2 licenses valued at $27,520, and returned without action 6 applications, valued 

at $200,894. In these applications, EPCI missile concerns were the basis for the license 

requirement. 

5. Effective Enforcement of Controls. The Secretary has determined that the United States 

has the ability to enforce these controls effectively. Multilateral controls on missile technology 

provide a strong framework for cooperative enforcement efforts overseas. However, there are 

challenges for the enforcement of controls on dual-use goods related to missile development. 

- -

which complicates law enforcement cooperation. Third, identifying illegal exports and reexports 

of missile-related goods requires significant investigative resources. 

To enforce these controls effectively, the Department of Commerce continues to focus on 

preventive enforcement, including an outreach program to educate companies about export 

illegal 

exports of dual-use products or equipment that could be used to make missiles. 

BIS conducted a number of recent enforcement actions regarding noncompliance with these 

export controls. For example: 

Davoud Baniameri/Syed Majid Mousavi/Andro Telemi 

Missile/Radio Components to Iran 

On July 26, 2012, Andro Telemi pled guilty in U.S. District Court in the Northern District of 

Illinois in connection with his role in the conspiracy to export connector adaptors for missile 

systems to Iran. On November 30, 2012, Telemi was sentenced to five years of probation, a 

$10,000 fine, $100 special assessment, and 500 hours of community service. Co-defendant 

Davoud Baniameri previously pled guilty and was sentenced to 51 months in prison, three years 

supervised release, and a $200 special assessment for his part in the scheme. In addition, the 

Assistant Secretary for Export Enforcement imposed a 10-year Denial Order against Baniameri. 

In 2008 and 2009, Baniameri was contacted by a third co-conspirator, Syed Majid Mousavi, who 

requested the purchase and export of radio test sets and missile components for the TOW and 

TOW2 missile systems through the United Arab Emirates (UAE) to Iran. Baniameri purchased 

three Marconi radio test sets and 10 connector adapters from a company controlled by law 

enforcement in Illinois. In 2008, Baniameri shipped the radio test sets from California to the 

UAE for ultimate transshipment to Iran, without the required export license from the U.S. 
Department of Commerce. In September 2009, Baniameri paid $9,450 to the company in Illinois 

for missile components and directed Telemi to take possession of the equipment. Baniameri 

arranged to fly from the United States to Iran through the UAE carrying the equipment. He did 

not obtain a license for the export of the connector adaptors and was arrested before leaving the 

United States. This was a joint investigation with U.S. Immigration and Customs Enforcement, 

Defense Criminal Investigative Service, and the Internal Revenue Service-Criminal Investigation 

Division. The Chicago Police Department also assisted in the investigation. 

C. Consultation with Industry 

In a September 7, 2012 Federal Register notice (77 FR 55183), the Department of Commerce 

solicited comments from industry and the public on the effectiveness of U.S. foreign policybased export controls. The comment period closed on October 9, 2012. A detailed review of all 

public comments received may be found in Appendix I. In addition, comments were solicited 

from the public via the BIS website. 

The Department of Commerce holds discussions with industry representatives on issues related 

to the MTCR Annex through the Transportation Technical Advisory Committee and other 

relevant technical advisory committees (TACs) as appropriate. Comments from the 

en TACs are solicited on an ongoing basis and are not specific to this report. 

The Department of Commerce also participates in interagency working groups that review 

proposed changes to the Annex, and engages in discussions of the proposals with companies that 

have relevant expertise. 

D. Consultation with Other Countries 

Consultation with other MTCR members is a fundamental element of U.S. missile technology 

control policy. Consultations with non-MTCR countries also are essential to U.S. missile 

nonproliferation policy. The U.S. Government exchanges information with other countries about 

activities of missile proliferation concern and seeks to cooperate with them to prevent or stop 

certain transactions. The United States also shares denial information with its MTCR Partners, 

-

MTCR member countries cooperate with non-member countries to limit the spread of WMD 

delivery systems by encouraging all countries to apply the MTCR Guidelines on a national basis. 

and invited non-members share experiences in an effort to improve prevention of missile 

proliferation. 
E. Alternative Means 

The missile sanctions provisions in Section 73 of the Arms Export Control Act and Section 11B 

of the Export Administration Act of 1979, as amended (EAA), provide for the imposition of 

export, import, and procurement sanctions on foreign entities engaged in certain kinds of 

activities relating to the transfer of MTCR Annex items to non-MTCR adherent countries. In the 

past, the United States has imposed missile sanctions on entities in Egypt, India, Iran, 

Macedonia, Moldova, North Korea, Pakistan, China, Russia, South Africa, and Syria. Missile 

sanctions are used to encourage the governments of the sanctioned entities to adopt responsible 

commitment to missile nonproliferation. Discretionary sanctions pursuant to the Iran, North 

Korea, and Syria Nonproliferation Act (Pub. L. 105-292, 112 Stat. 2787, 50 U.S.C. § 1701 note) 

may be applied to entities engaging in transfers of missile equipment and technologies. 

The United States and its MTCR Partners are continuing their diplomatic efforts to encourage 

additional countries to adhere unilaterally to the MTCR Guidelines. Such efforts are aimed at 

encouraging non-MTCR members to implement and enforce effective missile technology export 

controls. Although the United States has an obligation to maintain and renew its export controls 

based on its membership in the MTCR, it also has pursued alternative means to achieve the 

purposes of the controls through its consultations with non-MTCR countries. 

F. Foreign Availability 

Possible suppliers of missile technology that are not MTCR Partners include, but are not limited 

to, China, North Korea, Egypt, India, Iran, Israel, and Taiwan. Some of these countries, such as 

India and Israel, adhere unilaterally to the MTCR Guidelines. The United States continues to 

approach other nations, including those that produce MTCR Annex-controlled items, to urge 

their vigilance in applying MTCR Guidelines to help prevent missile proliferation. 
CHAPTER 9 

Encryption 

(Section 742.15)

Export Control Program Description and Licensing Policy 

The U.S. maintains export controls on encryption items to protect and preserve national security 

and foreign policy interests. Encryption items may be used to maintain the secrecy of 

information, and therefore may be used by persons abroad to bring harm to U.S. national security 

and foreign policy interests. The U.S. Government has a critical interest in ensuring that the 

legitimate needs for protecting important and sensitive information of the public and private 

sectors are met, and that persons seeking to damage U.S. national security and foreign policy 

interests are not able to conceal hostile or criminal activities. 

When dual-use encryption items were transferred from the United States Munitions List (USML) 

to the Commerce Control List (CCL) in 1996, foreign policy controls were imposed on these 

items. A license is required to export or reexport Encryption Items (EI) (classified under Export 

Control Classification Numbers (ECCNs) 5A002, 5D002, and 5E002 on the CCL) to all 

destinations except Canada. All items controlled for EI reasons are also controlled for National 

Security (NS) reasons. 

License Requirements and Licensing Policy for Encryption Controls 

Most EI-controlled items are eligible for export and reexport to non-government end-users under 

the terms and conditions of License Exception Encryption Commodities, Software and 

Technology (ENC) after self-classification by the exporter or classification by the Bureau of 

Industry and Security (BIS) and the National Security Agency, and many items are also eligible 

for export and reexport to government end-users under this License Exception. 

License applications to export or reexport EI-controlled items are subject to case-by-case review 

for consistency with U.S. national security and foreign policy interests. EI-controlled items are 

also eligible for Encryption Licensing Arrangements (ELAs), which authorize exports and 

reexports of unlimited quantities of encryption commodities or software to state, provincial and 

local governments for civil use, in all destinations, except countries listed in Country Group E:1. 
Analysis of Controls as Required by Section 6(f) of the Export Administration Act 

A. The Purpose of the Controls 

 

Encryption products can be used to conceal the communications of terrorists, drug smugglers, 

and others intent on harming U.S. interests. Cryptographic products and software also have 

military and intelligence applications that, in the hands of hostile nations, could pose a threat to 

U.S. national security. The national security, foreign policy, and law enforcement interests of 

the United States are protected by export controls on encryption items. 

B. Considerations and Determinations of the Secretary of Commerce 

1. Probability of Achieving the Intended Foreign Policy Purpose. The Secretary has 

determined that U.S. export controls on encryption items restrict the export of encryption items 

in situations that would be contrary to U.S. national security or foreign policy interests. The 

Secretary has determined that these controls are likely to achieve the intended foreign policy 

purpose in light of other factors, including the availability of encryption items from other 

countries, and that the foreign policy purpose cannot be achieved solely through agreements with 

the participating states of the Wassenaar Arrangement or through alternative means. This 

determination with due consideration for the continuing growth of electronic commerce and 

Internet use, as the emergence of new security protocols for, among other things, short-range 

wireless communications, and the growth in the number of countries with the technology to 

produce highly sophisticated, dual-use encryption products. 

2. Compatibility with Foreign Policy Objectives. The Secretary has determined that these 

controls are compatible with U.S. foreign policy objectives, and that the extension of these 

controls will not have significant adverse foreign policy consequences. The controls are 

consistent with the U.S. foreign policy goal of preventing U.S. exports (and subsequent 

reexports) that might contribute to the capabilities of international terrorists or criminals. 

3. Reaction of Other Countries. The Secretary has determined that the continued 

implementation of U.S. encryption export controls is generally accepted in the international 

community, and that any adverse reaction to these controls is not likely to render the controls 

ineffective, nor are they counterproductive to the foreign policy interests of the United States. 

Other countries, particularly the Wassenaar participating states, recognize the need to control 

exports of such products for national security reasons. 

4. Economic Impact on U.S. Industry. The Secretary has determined that the continued 

implementation of encryption regulations that are periodically updated will allow U.S. industry 

to maintain a leadership position in the global market for encryption products and that the effect 
of encryption controls on export performance do not exceed the benefit to U.S. foreign policy 

objectives. 

In fiscal year 2012, 1,273 companies filed encryption registrations. This activity continues to 

reflect the expanding trade in encryption items, and the wide commercial applicability of such 

items. The Department of Commerce processed 1,332 classification requests for controlled 

encryption products, components, toolkits, and source code items classified under ECCNs 

5A002, 5B002, 5D002, 5E002, 5A992, 5D992, and 5E992. Of these classification requests, 325 

were for mass market encryption items. Mass market encryption items typically include 

handheld devices, commodities and software for home networking use, and software applications 

for smartphones, tablets, and personal computers classified under ECCNs 5A992.c, 5D992.c and 

5E992.b. 

 

Additionally, during fiscal year 2012, the Department of Commerce approved 1,920 license 

applications for encryptionhigh-end routers and other network infrastructure equipment, and technology. In fiscal year 

2012, there were no denials of encryption items based on issues specific to encryption-related 

licensing policy. 

5. Effective Enforcement of Controls. The Secretary has determined that the United States 

has the ability to enforce these controls effectively. Detection of some encryption transactions is 

challenging because encryption components are often incorporated into other products and 

encryption software can be transferred over the Internet. 

BIS conducted a number of recent enforcement actions regarding these controls. For example: 

Blue Coat 

Computer Equipment to Syria 

On December 16, 2011, BIS added Waseem Jawad of Syria and his company, Infotec, located in 

the United Arab Emirates, to the Entity List based on evidence that Jawad used Infotec to 

purchase and export U.S.-origin internet filtering devices to Syria without the required export 

license from the U.S. Department of Commerce. In December 2010, Jawad ordered the 

equipment from an authorized distributor of Blue Coat equipment in the United Arab Emirates 

(UAE). The false end-user information received by Blue Coat, a U.S. company, was for a 

government telecommunications entity in Iraq. Jawad received the devices and transshipped 

them through the UAE to Syria. The Blue Coat SG9000-20 Proxy devices have been the subject 

of press reporting related to their potential use by the Syrian government to block pro-democracy 

websites and identify pro-democracy activists. Several of the devices have been identified by 

serial numbers as being used by the Syrian Telecommunications Establishment in Damascus, 

Syria. 
Ericsson de Panama S.A. 

Telecommunications Equipment to Cuba 

On May 25, 2012, Ericsson de Panama S.A. of Panama City, Panama, entered into a settlement 

agreement with BIS in which the company agreed to pay a civil penalty of $1.753 million to 

settle 262 violations of the EAR. The settlement also requires a company-wide export audit 

conducted by an independent third party of all transactions connected with Cuban customers. 

Between 2004 and 2007, Ericsson de Panama knowingly implemented a scheme to evade the 

Regulations by routing items from Cuba through Panama to the United States, and then back to 

Cuba. The scheme included repackaging items to conceal their Cuban markings, forwarding the 

items to the United States for repair and replacement, and then facilitating the return of the items 

back to Cuba. The items were classified as 5A002, 4A994, 5A991, 5B991 or designated EAR99, 

and were controlled for national security, antiterrorism, encryption and sanctions reasons. 

Ericsson de Panama avoided possible criminal prosecution and heavier fines by voluntarily 

disclosing the violations to BIS and cooperating with the investigation. 

C. Consultation with Industry 

In a September 7, 2012 Federal Register notice (77 FR 55183), the Department of Commerce 

solicited comments from industry and the public on the effectiveness of U.S. foreign policybased export controls. In addition, comments were solicited from the public via the BIS website. 

The comment period closed on October 9, 2012. A detailed review of all public comments 

received can be found in Appendix I. 

The U.S. Government regularly consults w

Systems Technical Advisory Committee and other technical advisory committees as appropriate, 

regarding encryption policy. The objective of these consultations is to develop policies that 

assist law enforcement, protect U.S. national security, ensure continued U.S. technological 

leadership, and promote the privacy and security of U.S. firms and citizens. Such consultations 

have proven successful, as evidenced by the increasing number of encryption items submitted for 

technical review and constructive industry input on matters of regulations and policy. 

D. Consultation with Other Countries 

The U.S. Government participates in global efforts to prevent international criminals, terrorists, 

and designated state sponsors of terrorism from acquiring sophisticated encryption products. 

One such effort is the Wassenaar Arrangement. The Wassenaar Arrangement was established to 

enhance regional and international security by developing standards and norms for conventional 

arms and dual-use goods and technology transfers. Participating states seek, through their 

national policies, to ensure that transfers of these items do not contribute to the development or 
enhancement of military capabilities which undermine these goals, and are not diverted to 

support such capabilities. 

Basic List of dual-use goods and technologies, with controls based on the encryption strength 

(e.g., key length) and use of specified dualencryption items otherwise covered by the Wassenaar control list. U.S. encryption policy 

reflects this consultation with other participating states of the Wassenaar Arrangement. Also, the 

United States government encourages major industrial and trading partners to adopt and maintain 

export controls on encryption equipment and technology in bilateral meetings. 

E. Alternative Means 

EI foreign policy controls are coextensive with national security controls placed on encryption 

items. Therefore, if EI controls on encryption items were removed, national security controls 

would remain in place. National security controls are also maintained cooperatively with the 

other members of the Wassenaar Arrangement. 

F. Foreign Availability 

The United States recognizes the ongoing adoption and widespread use of encryption worldwide, 

and the continued development of foreign-made encryption hardware and software. The U.S. 

Government continues to monitor global IT marketplace and encryption policy developments so 

that updated U.S. regulations will enable American companies to maintain their technological 

leadership in a manner that safeguards U.S. national security and public safety interests. The 

U.S. Government consults with other governments to secure cooperation in controlling the 

availability of encryption items. 
CHAPTER 10 

Technology 

(Section 742.14)

Export Control Program Description and Licensing Policy

production, or overhaul of commercial aircraft engines, components, and systems. Technology 

controlled for SI reasons is classified under various paragraphs of Export Control Classification 

Number (ECCN) 9E003 (specifically ECCN 9E003.a.1 through a.8, 9E003.a.10, and 9E003.h 

and i). The SI controls supplement the national security controls that also apply to this 

technology. 

License Requirements and Licensing Policy for Significant Items 

A license is required for exports and reexports to all destinations, except Canada. 

-bycase basis to determine whether the proposed export or reexport is consistent with U.S. 

national security and foreign policy interests. 

Analysis of Control as Required by Section 6(f) of the Export Administration Act 

A. The Purpose of the Control 

This control provides a mechanism for the United States to monitor closely the export of this 

technology to prevent its use in a manner that would adversely affect U.S. nonproliferation goals 

or the military balance within a region. 

B. Considerations and Determinations of the Secretary of Commerce 

1. Probability of Achieving the Intended Foreign Policy Purpose. The Secretary has 

determined that this control is likely to achieve the intended foreign policy purpose, 
notwithstanding various factors, including the availability of these SI-controlled items from other 

countries, and that the foreign policy purpose has only been partially achieved through 

negotiations on export controls with the participating states of the Wassenaar Arrangement. 

2. Compatibility with Foreign Policy Objectives. The Secretary has determined that this 

control is compatible with U.S. foreign policy objectives, and that the extension of this control 

will not have any significant adverse foreign policy consequences. The control is consistent with 

U.S. foreign policy goals to promote peace and stability and to prevent U.S. exports that would 

contribute to inappropriate military capabilities abroad. 

3. Reaction of Other Countries. The Secretary has determined that any adverse reaction to 

this control is not likely to render the control ineffective, nor will any adverse reaction by other 

commercial jet engines is subject to dual-use export controls by other allied countries through the 

Wassenaar Arrangement. These countries also recognize the desirability of restricting goods that 

could compromise shared security and foreign policy interests. 

4. Economic Impact. The Secretary has determined that any adverse effect of this control 

on the economy of the United States, and on the competitive position of the United States in the 

international economy, does not exceed the benefit to U.S. foreign policy objectives. In fiscal 

year 2012, the Department of Commerce approved 134 licenses for technology controlled under 

technology, of which 7 involved deemed exports (i.e., the 

a foreign national in the United States). The total dollar value of the items subject to the licenses 

approved was $12,100,366 in fiscal year 20

 were rejected in fiscal year 2012. In addition, 26 applications involving 

items valued at a total of $24,347,775 were returned without action. 

5. Effective Enforcement of Controls. The Secretary has determined that the United States 

has the ability to enforce this control effectively. The U.S. Government does not experience any 

unusual problems in enforcing this control. Manufacturers and intermediary companies are 

familiar with U.S. controls on these products and technologies. With the exception o

USML (ECCN 9E003.i), all of these items also are subject to multilateral controls. Therefore, 

cooperation from foreign government enforcement agencies is useful in preventing and 

punishing violators. 
C. Consultation with Industry 

In a September 7, 2012 Federal Register notice (77 FR 55183), the Department of Commerce 

solicited comments from industry and the public on the effectiveness of U.S. foreign policybased export controls. The comment period closed on October 9, 2012. A detailed review of all 

public comments received may be found in Appendix I. 

The Department of Commerce consults with the Transportation Technical Advisory Committee 

(TransTAC) about SI controls. Although there are no major changes anticipated regarding this 

basis and are not specific to this report. 

D. Consultation with Other Countries 

The United States leads international efforts to stem the proliferation of sensitive items, urging 

other supplier nations to adopt and apply export controls comparable to those of the United 

States. The major industrial partners of the United States maintain export controls on almost all 

of this equipment and technology and control them as dual-use commodities. Pursuant to their 

agreement to establish a regime for the control of conventional arms and sensitive dual-use 

goods and technologies, the participants in the Wassenaar Arrangement have agreed to control 

these items (with the exception of items subject to ECCN 9E003.i noted above, which the United 

States has not sought to control in Wassenaar) and to ensure that transfers of such items are 

carried out responsibly and in furtherance of international peace and security. 

E. Alternative Means 

The U.S. Government has undertaken a wide range of diplomatic endeavors, both bilateral and 

multilateral, to encourage proper control over these items, and has been successful in reaching 

multilateral agreement in the Wassenaar Arrangement to control most of these items. The 

United States has specifically encouraged efforts to prevent the unauthorized use or diversion of 

these items to activities contrary to U.S. national security and foreign policy concerns. However, 

these efforts do not replace the continued need for the additional control. 

F. Foreign Availability 

Although the United States has been the world leader in this technology, other countries produce 

participants in the Wassenaar Arrangement and control these items (with the exception of items 

controlled under ECCN 9E003.i noted above) as dual-use items in accordance with their national 
licensing policies. The commitment of the U.S. Government and its Wassenaar partners to 

maintain controls reflects the cooperation among governments to reduce foreign availability. 
CHAPTER 11

Nuclear Nonproliferation 

(Sections 742.3 and 744.2)

Export Control Program Description and Licensing Policy 

The U.S. Government maintains controls on exports of nuclear-related items under the authority 

of the Nuclear Nonproliferation Act of 1978 (NNPA) to further t

nonproliferation policy. Because these controls are primarily based on the NNPA and not the 

Export Administration Act (EAA), they are not subject to this report. However, BIS has 

included information on nuclear nonproliferation controls because they usually are grouped with 

other nonproliferation controls that are subject to this report. In addition, controls based on 

nuclear end uses and end-users are maintained under the authority of Section 6 of the EAA as 

part of the Enhanced Proliferation Control Initiative (EPCI). EPCI controls for other 

proliferation end uses are described in detail in Chapters 6, 7, and 8 of this report. The Entity 

List, maintained in Supplement No. 4 to Part 744 of the Export Administration Regulations 

(EAR) and discussed in Chapter 13 of this report, also prohibits certain transactions involving 

end users and end uses involved in nuclear activities described in section 744.2 of the EAR. 

Nuclear Nonproliferation Regime Controls 

The Nuclear Nonproliferation Regime controls support U.S. international nuclear 

nonproliferation obligations, particularly with relation to its membership in the Nuclear Suppliers 

Group (NSG) and the Zangger Committee (ZC). The United States is a member of the 46-

member NSG, which sets forth guidelines for the export of items that are either specially 

designed or prepared for the processing, use, or production of special nuclear material or are 

nuclear-related dual-use items and technologies (see Appendix II for a complete list of regime 

members). These controls also reflect U.S. membership in the ZC, a multilateral nuclear export 

control group that was formed to interpret Article III, paragraph 2, of the Nuclear 

Nonproliferation Treaty. Like the NSG, the ZC establishes and maintains a Trigger List of 

nuclear-related equipment and materials subject to export controls along with guidelines 

concerning the export of nuclear equipment and material. 

Licensing Requirements and Licensing Policy 

The Department of Commerce requires a license for the export of the following items: 
commodities, related technology, and software that could be of significance for nuclear 

explosive purposes (i.e., the Nuclear Referral List (NRL) included in the CCL); and 

any commodity, related technology, or software that the exporter knows, or has reason to 

know, will be used directly or indirectly in any of the following activities: 

 nuclear explosive activities including research on, or the development, design, 

manufacture, construction, testing, or maintenance of nuclear weapons or nuclear 

explosive devices; 

 unsafeguarded nuclear activities, including research on, or the development, 

design, manufacture, construction, operation, or maintenance of any nuclear 

reactor, critical facility, facility for the fabrication of nuclear fuel, facility for the 

conversion of nuclear material from one chemical form to another, or separate 

storage installation where there is no obligation to accept International Atomic 

Energy Agency (IAEA) safeguards at the facility or installation, when it contains 

any source of special fissionable material, or where any such obligation is not 

met; or 

 safeguarded and unsafeguarded nuclear activities, including research on, or the 

development, design, manufacture, construction, operation or maintenance of the 

following facilities, or components for such facilities: (i) facilities for the 

chemical processing of irradiated special nuclear or source materials; (ii) facilities 

for the production of heavy water; (iii) facilities for the separation of isotopes of 

source and special nuclear material; or (iv) facilities for the fabrication of nuclear 

reactor fuel containing plutonium. 

The Department of Commerce may inform the exporter that a license is required for any item 

subject to the EAR when there is an unacceptable risk of use in, or diversion to, any of the 

activities described above. 

Factors considered in reviewing applications for licenses include: 

the stated end use of the item; 

the significance for nuclear purposes of the particular item, including whether the item is 

to be used in research on or for the development, design, manufacture, construction, 

operation, or maintenance of any reprocessing or enrichment facility; 

the types of nuclear nonproliferation assurances or guarantees given in a particular case; 

and 

the nonproliferation credentials of the recipient country. 
In a September 7, 2012 Federal Register notice (77 FR 55183), the Department of Commerce 

solicited comments from industry and the public on the effectiveness of U.S. foreign policybased export controls, including controls on nuclear-related items. The comment period closed 

on October 9, 2012. A detailed review of all public comments received can be found in 

Appendix I. In addition, comments were solicited from the public via the BIS website. 

echnical Advisory Committees (TACs) are 

solicited on a regular basis, but are not detailed in this report. 

Analysis of Controls as Required by Law17 

Section 17(d) of the EAA and Section 309(c) of the NNPA provide that: (1) nuclear 

nonproliferation controls do not expire annually and determinations to extend them are thus not 

required; and (2) the criteria and other factors set forth in Sections 6(b) through 6(f) of the Act 

are not applicable to these controls. The Department of Commerce is, therefore, notifying 

Congress that these controls continue in effect. These controls further the nuclear 

nonproliferation policy of the United States and have made it more difficult for other nations to 

acquire sensitive nuclear technology or equipment. 

The Departments of Commerce and Energy, in consultation with the Departments of State and 

Defense and the Nuclear Regulatory Commission, regularly review and revise the NRL 

pertaining to U.S. dual-use items controlled for nuclear nonproliferation reasons. The NRL is 

-use items. 

The 2012 Nuclear Suppliers Group (NSG) Plenary, Consultative Group (CG), Information 

Exchange (IEM) and Licensing and Enforcement Experts (LEEM) meetings were held in Seattle, 

Washington, during the week of June 18-22, 2012. Deputy Secretary of Energy Daniel Poneman 

chaired the Plenary for the United States. The CG reached consensus, confirmed by the Plenary, 

on approval of the U.S. proposal to include under the Supporting Activities section of the Part 1 

Purpos

Experts (DMTE) for amendment of the NSG Trigger and Dual-Use Lists, as well as procedural 

implementation proposals recommended by the CG Chair. 

17 The analysis, required by law, differs for nuclear nonproliferation controls. It is governed by the Nuclear 

Nonproliferation Act of 1978 (NNPA). Therefore, the headings under this section differ from the rest of the report. 
BIS conducted a number of recent enforcement actions regarding these controls. For example: 

Jian Wei Ding/Kok Tong Lim/Ping Cheng 

Toray Carbon Fiber to China 

On March 19, 2012, Assistant Secretary for EE David Mills signed Final Orders against Prime 

Technology Corporation and its owner Ping Cheng. The Final Orders included requirements to 

pay a $125,000 civil penalty (with $75,000 suspended for two years), a two-year (suspended) 

denial of export privileges, a requirement to conduct two external audits, and to obtain Export 

Control Classification Numbers on exported products and attend export compliance training. On 

February 2, 2012, BIS signed a Section 11(h) order for a 10-year denial of export privileges for 

Kok Tong Lim, located in Singapore. On July 27, 2011, BIS issued a Final Order against Jian 

Wei Ding, who agreed to an administrative penalty of $100,000 and a 25-year denial of export 

privileges while serving his prison sentence. On October 8, 2009, Ding was sentenced to 46 

months in prison, a $100 special assessment and forfeiture of 315 kilograms of carbon fiber 

materials. On the same day, Lim was sentenced to one year probation and Ping Cheng was 

sentenced to two years probation. On February 13, 2009, Cheng pled guilty in U.S. District 

Court in the District of Minnesota to violating the International Emergency Economic Powers 

Act (IEEPA). On March 10 and March 20, 2009, respectively, Lim and Ding pled guilty to 

conspiracy to violate the IEEPA. Cheng, Lim, and Ding conspired and attempted to export highmodulus carbon-fiber material without an export license issued by the U.S. Commerce 

Department. The U.S. government requires a license to export these materials for national 

security, nuclear proliferation, and antiterrorism reasons. The carbon-fiber material the 

defendants sought to export has applications in rockets, satellites, spacecraft, and uranium 

oversees research institutes working on spacecraft systems for China. Ding's role in the 

conspiracy was to manage Firmspace, Far Eastron, and Jowa Globaltech (his companies in 

Singapore), maintain a relationship with the Chinese end-users, and provide the money required 

for purchases. Cheng's role was to act as the U.S. agent for Ding's companies, and Lim's role 

was to reach out to U.S. suppliers of high-technology items to be purchased. One of the U.S. 

suppliers was an undercover U.S. Government company. This was a joint investigation with 

U.S. Immigration and Customs Enforcement. 

Nadeem Akhtar 

Nuclear Materials to Pakistan 

On January 6, 2012, Nadeem Akhtar, owner and operator of Computer Communication USA 

(CC-USA) in Silver Spring, MD, was sentenced to 37 months in prison, two years supervised 

release, and a $100 special assessment. On September 9, 2011, Akhtar pled guilty in U.S. 

District Court in the District of Maryland to conspiring to violate the International Emergency 

Economic Powers Act and to defraud the United States. Akhtar is a Pakistani national and 

lawful permanent resident of the United States. From October 2005 through March 11, 2010, 
Akhtar and his conspirators used CC-USA to obtain or attempt to obtain radiation detection 

devices, resins for coolant water purification, calibration and switching equipment, attenuators 

and surface refinishing abrasives, mechanical and electrical valves, cranes, and scissor lifts for 

export to restricted entities in Pakistan. The items were worth over $400,000 and required export 

licenses issued by the U.S. Department of Commerce. Akhtar attempted to evade export 

regulations and licensing requirements by providing false information, using third parties to 

procure items for him under false pretenses, misrepresenting CC-USA as the purchaser/end-user 

of the items, and transshipping the items through the United Arab Emirates. Akhtar took 

direction and received commissions from the owner of a trading company located in Karachi, 

Pakistan, regarding what materials were needed and methods to conceal the transactions. 

-conspirators included individuals in Pakistan, Dubai, UAE and New York associated 

with the owner of the Pakistani trading company. The restricted entities were involved in 

nuclear and energy research and development, nuclear power plants, and applied science. 

Exports of items to these organizations were prohibited without an export license. This was a 

joint investigation with the Federal Bureau of Investigation. 
CHAPTER 12 

Surreptitious Listening 

(Section 742.13)

Export Control Program Description and Licensing Policy 

The United States maintains controls on surreptitious listening items to prevent the unlawful 

interception of oral, wire, or electronic communications by terrorists and others who may use the 

information for unlawful purposes or in ways contrary to the national security and foreign policy 

of the United States. Surreptitious Listening (SL) items are devices used for the surreptitious 

interception of wire, oral, or electronic communications and are controlled under Export Control 

Classification Number (ECCN) 5A980. Export controls extend to related software and 

technology through ECCNs 5D980 (software) and 5E980 (technology). 

License Requirements and Licensing Policy 

A license is required for the export or reexport to any destination of any electronic, mechanical, 

or other device primarily useful for surreptitious interception of wire, oral, or electronic 

communications. The Department of Commerce will generally approve applications for the 

export and reexport of items controlled for SL reasons other than to destinations for which a 

license is also required for AT reasons, and where the end users are providers of wire or 

electronic communication service acting in the normal course of business; or to officers, agents, 

or employees of, or persons under contract with, the United States, a State, or a political 

subdivision thereof, when engaged in the normal course of government activities. License 

applications from other parties will generally be denied. 

The license requirements set forth in the EAR are independent of the requirements of section 802 

of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (18 U.S.C. 2512). 

These controls do not supersede, nor do they implement, construe, or limit the scope of any of 

the statutory restrictions of section 18 U.S.C. 2512 (section 802 of the Omnibus Crime Control 

and Safe Streets Act of 1968, as amended) that are enforced by the U.S. Department of Justice. 

Analysis of Control as Required by Section 6(f) of the Export Administration Act 

A. The Purpose of the Control 

The purpose of surreptitious listening controls is to: prevent the unlawful interception of oral, 

wire, or electronic communications by terrorists and others who may put the information gained 
through intercepted communications to an unlawful use; promote the protection of privacy of 

oral, wire, or electronic communications; and protect against threats of terrorism around the 

world. The controls also distance the United States from nations that have repeatedly supported 

acts of terrorism and from individuals and organizations that commit terrorist acts. 

B. Considerations and Determinations of the Secretary of Commerce 

1. Probability of Achieving the Intended Foreign Policy Purpose. The Secretary has 

determined that the surreptitious listening controls are likely to achieve the intended foreign 

policy purpose, notwithstanding the availability of these controlled items from other countries, 

and that the foreign policy purpose cannot be achieved through negotiations or other alternative 

means. 

Sending or carrying the devices in foreign commerce is already subject to independent criminal 

sanction.18 Nevertheless, the imposition of foreign policy-based controls on these devices and 

related software and technology will enhance the probability of achieving the intended foreign 

policy purposes. 

Although the availability of comparable goods from foreign sources limits the effectiveness of 

the surreptitious listening controls, these controls restrict access to U.S.-origin commodities, 

technology, and software, and demonstrate U.S. determination to prevent the unlawful 

interception of communications, to promote privacy protection, and to oppose and distance itself 

from international terrorism. 

2. Compatibility with Foreign Policy Objectives. The Secretary has determined that the 

imposition of these controls is consistent with the foreign policy objectives of the United States 

and will not have any significant adverse foreign policy consequences. The imposition of 

U.S.-origin items to persons engaged in, or supportive of, unlawful uses of intercepted 

communications, privacy violations, and acts of terrorism. The imposition of these controls is 

also compatible with overall U.S. policy towards Cuba, Iran, North Korea, Sudan, and Syria. 

The U.S. Government intends to promote privacy protection and aid in deterring criminal 

activities, including terrorism, through these foreign policy-based controls. 

3. Reaction of Other Countries. The Secretary has determined that any adverse reaction to 

the imposition of surreptitious listening controls is not likely to render the controls ineffective, 

nor will any adverse reaction by other countries be counterproductive to U.S. foreign policy 

18 Omnibus Crime Control and Safe Streets Act of 1968, as amended (18 U.S.C. 2512). 
interests. Most countries are generally supportive of U.S. efforts to prevent unlawful uses of 

intercepted communications, including uses of intercepted communications by terrorists or states 

that support international terrorism. 

4. Economic Impact on U.S. Industry. The Secretary has determined that any adverse 

effect of these controls on the economy of the United States, including the competitive position 

of the United States in the international economy, does not exceed the benefit to U.S. foreign 

policy objectives. Because sending or carrying the devices in foreign commerce is already 

subject to independent criminal sanction, the imposition of foreign policy-based controls on the 

devices and related software and technology will not have a discernible economic impact. 

In fiscal year 2012, the Department of Commerce approved seven applications for the export or 

reexport of SL controlled items valued at a total of $605,004. In addition, the Department 

returned without action seven applications for items valued at $1.2 million. No applications 

were rejected. During the same time period, the Department completed three commodity 

classification determinations classifying items under ECCNs 5A980, 5D980, or 5E980. 

5. Effective Enforcement of Controls. The Secretary has determined that the United States 

has the ability to enforce these controls effectively. The U.S. Government can effectively 

enforce these controls by focusing on preventive enforcement, using regular outreach efforts to 

keep industry informed of the license requirements and prevent inadvertent exports, and 

gathering leads on activities of concern. 

C. Consultation with Industry 

In a September 7, 2012 Federal Register notice (77 FR 55183), the Department of Commerce 

solicited comments from industry and the public on the effectiveness of U.S. foreign policybased export controls. In addition, comments were solicited from the public via the BIS website. 

The comment period closed on October 9, 2012. A detailed review of all public comments 

received can be found in Appendix I. 

The Department of Commerce consults with the Regulations and Procedures Technical Advisory 

Committee (RPTAC), one of seven such committees that advise the Bureau of Industry and 

Security (BIS), in preparation for publication of major regulatory changes affecting foreign 

policy controls. 

D. Consultation with Other Countries 

The United States continues to consult with a number of countries, both on a bilateral and a 

multilateral basis. In general, most countries are supportive of measures designed to prevent the 
unlawful use of intercepted communications, protect privacy, and combat terrorism, but do not 

implement strict export controls on these items similar to those imposed by the United States. 

The United States will consult with other countries as necessary regarding these changes in order 

l 

activity through controlling surreptitious listening devices. 

E. Alternative Means 

The U.S. Government continually reviews the means by which it can curtail privacy violations 

and terrorism and has taken a wide range of diplomatic, political, and security-related steps to 

support this effort. Imposing these foreign policy-based controls enhances these efforts in order 

to prevent terrorist-supporting countries from acquiring items subject to U.S. export control 

jurisdiction. In addition, these con

criminal activity worldwide. 

F. Foreign Availability 

The commodities subject to these controls are likely available from foreign suppliers. The 

Department of Commerce is aware that these controls will not prevent the shipment of such 

foreign-origin items from other countries, but the regulation minimizes the risk of diversion of 

U.S.-origin devices and related software and technology primarily useful for surreptitious 

interception of wire, oral, or electronic communications to end-users without a legitimate 

commercial need for such devices. 
CHAPTER 13 

Entity List 

(Supplement No. 4 to Part 744) 

Export Control Program Description and Licensing Policy

To protect and advance the national security and foreign policy interests of the United States, the 

Bureau of Industry and Security (BIS) has adopted foreign policy-based end use and end user 

controls that focus on entities that pose a threat to U.S. national security or foreign policy 

interests, and BIS has taken steps to provide additional information to the public about these 

entities of concern. The Entity List (Supplement No. 4 to Part 744 of the Export Administration 

Regulations (EAR)) provides notice to the public that certain exports, reexports, and transfers 

(in-country) to the foreign persons identified on the Entity List (including businesses, research 

institutions, government and private organizations, individuals, and other types of legal persons) 

require a license from BIS and that the availability of License Exceptions for such transactions is 

limited. 

Established in 1997, the Entity List prohibits unlicensed exports, reexports, and transfers (incountry) of items subject to the EAR for use in or by a party involved in defined nuclear, missile, 

chemical and biological weapons activities (see Sections 744.2, 744.3, and 744.4 of the EAR). 

The Entity List also prohibits unlicensed exports, reexports, and transfers (in-country) of items 

subject to the EAR to certain persons in Russia, persons acting contrary to the national security 

or foreign policy interests of the United States, and persons sanctioned by the Department of 

State (see Sections 744.10, 744.11 and 744.20 of the EAR). Entity List entries specify the 

license requirement and license review policy imposed on each listed entity. These license 

requirements are supplemental to any license requirements imposed on the transaction elsewhere 

in the EAR. 

The End-User Review Committee (ERC) implements revisions to the Entity List; entities are 

added to the List by majority vote, while removals or other changes to the List are implemented 

by unanimous vote. The ERC conducts an annual review of all persons on the Entity List and 

revises and updates the list as necessary. Persons on the Entity List may request removal from 

the List or a modification of their status on the List under Section 744.16 of the EAR. The ERC 

is chaired by the Department of Commerce and is composed of representatives of the 

Departments of Commerce, State, Defense, Energy, and where appropriate the Treasury. 
Summary of 2012 Changes 

On April 18, 2012, BIS published a final rule in the Federal Register (77 FR 23114) that 

implemented the decision of the ERC to add three persons to the Entity List on the basis of 

Section 744.11 (License requirements that apply to entities acting contrary to the national 

security or foreign policy interests of the United States) of the EAR. The three entries added to 

the Entity List consisted of two persons in Canada and one person in Jordan. The ERC added the 

three persons on the basis of evidence that they engaged in violation of the license requirements 

for exports and reexports to Syria and violation of the embargo against Iran. 

On April 25, 2012, BIS published a final rule in the Federal Register (77 FR 24587) that 

implemented the decision of the ERC to add two persons located in France to the Entity List on 

the basis of Section 744.11 of the EAR (license requirements that apply to entities acting 

contrary to the national security or foreign policy interests of the United States). The ERC added 

these two persons on the basis of evidence that a direct physical and corporate nexus existed 

between them and persons already on the Entity List and that such a nexus posed a high risk of 

violations of the EAR. This rule also implemented changes to the Entity List based on the 

and the United Arab Emirates (U.A.E.). Specificall

rule removed two entities from the Entity List consisting of one entity from Germany and one 

entity from South Korea. It also removed one person from the U.A.E. from the Entity List; 

 was added as an alias for another person listed on the Entity List 

(also under the U.A.E). On the basis of decisions made by the ERC during the annual review, 

this rule also amended sixteen entries on the Entity List, consisting of one entry under Armenia, 

three entries under Germany, ten entries under Iran, one entry under Lebanon, and one entry 

under Syria, to provide alternate addresses, alternate spellings for the names of the listed persons, 

and/or aliases. Finally, on the basis of decisions made by the ERC during the annual review, this 

rule added four persons to the Entity List, consisting of one person in Canada, one person in 

Egypt, one person in France, and one person in the United Kingdom. The decision to add these 

four persons was based on Se

persons already on the Entity List. 

On April 27, 2012, BIS published a final rule in the Federal Register (77 FR 25055) that 

amended the EAR by adding sixteen persons under eighteen entries to the Entity List. The 

persons who were added to the Entity List had been determined by the U.S. Government to be 

acting contrary to the national security or foreign policy interests of the United States pursuant to 

Section 744.11 of the EAR. These persons were listed on the Entity List under the countries of 

Afghanistan, Pakistan and the U.A.E. The ERC determined to add these persons on the basis of 

their provision of support to persons engaged against U.S. and Coalition forces in Afghanistan. 
On May 14, 2012, BIS published a final rule in the Federal Register (77 FR 28250) that 

corrected two spelling errors: one error in the name and one error in the address of a person who 

was added to the Entity List in the April 18, 2012 final rule under the destination of Jordan. 

Furthermore, this amendment corrected the spelling of the city of Sharjah, which was incorrectly 

spelled in the addresses for three of the persons added to the Entity List under the destination of 

U.A.E in a final rule published on April 27, 2012. Finally, this rule removed a hyphen from the 

address of a person who was added in a final rule published on April 27, 2012 under the 

destination of Pakistan to clarify the text is the address of this person and not an alias. 

On September 19, 2012, BIS published a final rule in the Federal Register (77 FR 58006) that 

amended the EAR by adding six persons under eight entries to the Entity List. The persons who 

were added to the Entity List had been determined by the U.S. Government to be acting contrary 

to the national security or foreign policy interests of the United States pursuant to Section 744.11 

of the EAR. These persons were listed on the Entity List under Iran and the U.A.E. The ERC 

added two of the persons on the basis of evidence of violations of the embargo against Iran and 

of the prohibition against transactions with persons on the Denied Persons List. The ERC added 

the other four persons on the basis of evidence that they were unreliable recipients of U.S.-origin 

items. In addition, this rule removed one person from the Pakistan section of the Entity List, as 

the result of a request for removal submitted by the person, a review of information provided in 

the removal request in accordance with the EAR, and further review conducted by the ERC. 

Finally, this rule amended the Entity List on the basis of the annual review conducted by the 

ERC. This rule reflected the results of the annual review of entities located in Belarus, Canada, 

y, Hong Kong, Ireland, Israel, Kuwait, 

Lebanon, Malaysia, Pakistan, Singapore, South Africa, Taiwan, and the United Kingdom. On 

the basis of the annual review, this rule removed fourteen entries (one person located in China, 

three persons located in Egypt, eight persons located in Hong Kong, and two persons located in 

Kuwait); amended thirty-six other entries by providing alternate addresses, alternate spellings for 

the names of the listed persons, and/or aliases (three entries under Belarus, twelve entries under 

China, three entries under Malaysia, twelve entries under Pakistan, one entry under Singapore, 

and five entries under South Africa); and added three entries (two separate entries under China 

for two entities previously listed as aliases of an entity already on the Entity List and one entry 

under Uganda, on the basis of its affiliation with a person already on the Entity List). 

On October 9, 2012, BIS published a final rule in the Federal Register (77 FR 61249) that added 

164 persons under 165 entries to the Entity List. These additions to the Entity List consisted of 

one person under Belize; thirteen persons under Canada; two persons under Cyprus; one person 

under Estonia; eleven persons under Finland; five persons under Germany; one person under 

Greece; two persons under Hong Kong; one person under Kazakhstan; 119 persons under 

Russia; two persons under Sweden; and seven persons under the United Kingdom, including six 

persons located in the 
British Virgin Islands. These persons were determined by the U.S. Government to have engaged 

in activities contrary to the national security or foreign policy interests of the United States

pursuant to Section 744.11 of the EAR. The ERC added these persons on the basis of evidence 

that they were active in a network of companies and individuals involved in the procurement and 

delivery of items subject to the EAR and the International Traffic in Arms Regulations (ITAR) to 

Russia in violation of the EAR and the ITAR. 

On November 29, 2012, BIS published a final rule in the Federal Register (77 FR 71097) that 

added two persons to the Entity List in Pakistan and revised one existing entry in the U.A.E. The 

ERC added the two persons on the basis of their provision of support to persons engaged against 

U.S. and Coalition forces in Afghanistan. The revision to one existing entry in the U.A.E. was to 

clarify the scope of the entry by providing an additional alias and alternate address for this listed 

person. 

Licensing Policy 

For each person placed on the Entity List, the ERC specifies a license requirement and a license 

review policy. The requirement and review policy vary from person to person and are described 

Analysis of Controls as Required by Section 6(f) of the Export Administration Act 

A. The Purpose of the Controls 

The p

national security and foreign policy interests by demonstrating U.S. resolve to restrict trade with 

persons that fail to comply with U.S. export control laws and regulations, fail to adhere to 

acceptable norms of international behavior, or whose conduct threatens U.S. interests. The 

purpose of the Entity List is to inform the public of entities that have engaged in activities that 

could result in an increased risk of diversion of items for use in weapons of mass destruction 

programs or in other activities contrary to U.S. national security and foreign policy interests and 

to prevent diversion of items subject to the EAR by imposing additional license requirements, 

often with a presumption of denial, to ensure U.S. government review of proposed exports, 

reexports, and transfers of items to listed entities. The majority of additions to the Entity List in 

recent years have consisted of persons engaging in activities contrary to U.S. national security 

and foreign policy interests. 
A. Considerations and/or Determinations of the Secretary of Commerce 

1. Probability of Achieving the Intended Foreign Policy Purpose. The Secretary has 

determined that imposing foreign policy-based controls as part of the licensing requirements 

imposed on persons added to the Entity List is likely to achieve the intended national security 

and foreign policy purposes. 

Although the United States regularly negotiates with other countries on how best to achieve 

export control goals, these negotiations may not achieve those U.S. export control objectives that 

are focused on individual persons. In cases where U.S. interests are at stake, the United States 

retains the authority to impose controls that reflect unilateral foreign policy objectives. 

The United States seeks to prevent the use of U.S.-origin items in connection with actions that 

are detrimental to U.S. foreign policy goals. To that end, the license requirements that apply to 

entities placed on the Entity List are intended to prevent the acquisition of certain items by 

persons who might engage in activities contrary to U.S. interests. The Entity List enables BIS to 

target specific persons with export license requirements, thereby avoiding the imposition of 

overly broad license requirements on numerous items destined for many destinations. 

2. Compatibility with Foreign Policy Objectives. The Secretary has determined that 

imposing these controls is compatible and consistent with the national security and foreign 

policy objectives of the United States. Specifically, these controls are consistent with the U.S. 

policy of prohibiting exports, reexports, and transfers (in-country) when specific and articulable 

facts provide reasonable cause to believe that the parties to whom the items will be provided are 

involved in activities contrary to the national security or foreign policy interests of the United 

States, or pose a significant risk of becoming involved in such activities. Additionally, the 

will be compatible with U.S. foreign policy interests. The Secretary has further determined that 

these expanded controls will not have significant adverse foreign policy consequences. 

3. Reaction of Other Countries. The Secretary has determined that although other 

countries may raise objections to the Entity List, any adverse reaction to the expansion of the 

Entity List is not likely to render the Entity List ineffective, nor will any adverse reaction by 

other countries be counterproductive to U.S. foreign policy interests. Further, the Department of 

Commerce coordinates with the Department of State to consult with countries affected by 

changes to the Entity List. These consultations are completed in advance of any changes to the 

List. In addition, some countries use the Entity List as a screening tool for their exports. 
4. Economic Impact on United States Industry. The Secretary has determined that the cost 

to industry resulting from the maintenance of these controls does not exceed the benefit to U.S. 

foreign policy. These controls provide an effective alternative to imposing additional and overly 

broad end use or geographic license export control requirements. The identification of persons 

through publication in the Entity List also reduces uncertainty for U.S. industry. Thus, these 

controls minimize the economic impact on industry while allowing BIS to achieve U.S. foreign 

policy objectives through strengthened U.S. export controls. Additionally, interagency 

representation on the ERC provides reasonable assurance that additions to the Entity List will 

reflect significant U.S. foreign policy concerns. 

5. Effective Enforcement of Controls. The Secretary has determined that the United States 

has the ability to enforce these controls effectively. By imposing license requirements on clearly 

identified persons via the Entity List, the U.S. Government facilitates the identification of actual 

and potential violations of the EAR. Publication of the Entity List helps U.S. industry and 

foreign companies to identify restricted parties, thereby reducing inadvertent violations of the 

EAR and increasing compliance with the export controls. 

C. Consultation with Industry 

In a September 7, 2012 Federal Register notice (77 FR 55183), the Department of Commerce 

solicited comments from industry and the public on the effectiveness of U.S. foreign policybased export controls. The comment period closed on October 9, 2012. A detailed review of all 

public comments received can be found in Appendix I. In addition, comments were solicited 

from the public via the BIS website. Comm

committees are solicited on an ongoing basis and are not specific to this report. 

D. Consultation with Other Countries 

The United States continues to consult with a number of countries, on both a bilateral and 

multilateral basis, regarding the persons on the Entity List. These consultations are based on 

specific and articulable facts that provide reasonable cause to believe that the parties pose a 

significant risk of becoming involved in activities contrary to the national security or foreign 

policy interests of the United States and other countries. Most countries are supportive of U.S. 

export and reexport controls and enforcement. 

E. Alternative Means 

The United States continually reviews its means to curtail activities that are contrary to U.S. 
interests. The United States has taken a wide range of diplomatic, political, and security-related 

steps to support this effort. 

F. Foreign Availability 

The Department of Commerce is aware that these controls will not necessarily prevent the 

acquisition of sensitive commodities, software, or technologies not subject to the EAR by 

persons listed on the Entity List. However, by publishing the Entity List and imposing penalties 

for violations of the licensing requirements on the Entity List, the United States is sending a 

strong message that may deter suppliers from participating in transactions with persons known or 

suspected of violating the EAR or acting contrary to U.S. interests. Additionally, the United 

States cooperates with other governments to curtail transactions by other (third-country) 

suppliers. 
APPENDIX I

Summary of Public Comments 

On Foreign Policy-Based Export Controls

 (BIS) requested public 

comments on existing foreign policy-based export controls maintained under Section 6 of the 

Export Administration Act of 1979, as amended (EAA), and on the Entity List (Supplement 

No. 4 to Part 744 of the Export Administration Regulations (EAR)) through a Federal Register

notice published September 7, 2012 (77 FR 55183). In addition, comments were solicited from 

the public through the BIS w

Advisory Committees are solicited on an ongoing basis and are not specific to this report. 

BIS requested comments on how existing foreign policy controls have affected exporters and the 

overall public. The notice invited public comments about issues such as: the effectiveness of 

controls when foreign availability exists; whether the goals of the controls can be achieved 

through other means such as negotiations; the compatibility of the controls with the overall U.S. 

policy toward a country in question; the effect of controls on U.S. economic performance; and 

the ability to enforce the controls. 

The comment period closed on October 9, 2012. BIS received three comments, one from a trade 

association, one from a law firm, and one from a company. BIS has made these comments 

available for review in the BIS Freedom of Information Act Reading Room available on the BIS 

web page. BIS also makes comments available for public review upon request. This Appendix 

summarizes the comments received. 

Industry Comments 

BIS reviewed and considered the three comments received from (1) the National Shooting Sports 

Foundation, a trade association for the firearms industry; (2) Stanley J. Marcuss and George F. 

Murphy of Bryan Cave LLP; and (3) the Boeing Company. 

The National Shooting Sports Foundation submitted comments on foreign policy-based firearm 

controls (ECCNs 0A984, 0A986, and 0A987) based on Firearms Convention control reasons and 

the Organization of American States Model Regulations for the Control of the International 

Movement of Firearms, their Parts and Components and Munitions included within the InterAmerican Convention Against the Illicit Manufacturing of and Trafficking in Firearms, 

Ammunition, Explosives, and Other Related Materials. The National Shooting Sports 

Foundation asserted that these controls are burdensome and overly restrictive for U.S. exporters 
of firearms and related items. The National Shooting Sports Foundation claimed that ECCN 

0A987 for Optical Sighting Devices is particularly burdensome because the type of sporting and 

hunting scopes, red-dot sights, and laser grips controlled are widely available throughout the 

world. It stated that processing times of four to six weeks for receiving licenses can delay 

shipments, resulting in the potential loss of business for U.S. exporters. The National Shooting 

Sports Foundation also noted that no license exceptions are allowed for these ECCNs. The 

National Shooting Sports Foundation suggested that allowing firearm-related ECCNs to be 

eligible for exceptions such as Low Value Shipment (LVS) or GBS Group B Countries would 

allow exporters to be more responsive to foreign customers in friendly countries. 

Stanley J. Marcuss and George F. Murphy of Bryan Cave LLP commented on the way foreign 

policy controls are located in various parts of the EAR instead of being in one place. This results 

in exporters having to review and analyze a wide variety of provisions beyond those needed to 

classify an item or determine license requirements. They asserted that this complexity can make 

it difficult for exporters to discern which provisions must be considered in analyzing the 

requirements for an export. In addition, they noted that Supplement No. 1 to Part 732 of the 

Regulations, the Export Control Decision Tree, does not lead the exporter to all the provisions 

that should be considered. They assert (and provide what they characterize as examples) that the 

language in many of the provisions is overly complex with references to Commerce Control List 

numbers and sections of the EAR that creates text which is difficult to understand. Mr. Marcuss 

and Mr. Murphy also claim that there is an often confusing overlap between Commerce and 

Treasury regulations dealing with similar subjects that results in unclear and often differing 

interpretations of what is and is not prohibited activity. 

Mr. Marcuss and Mr. Murphy recommend that to make U.S. foreign policy controls more 

effective, the government should consider (1) consolidating the controls in one section of the 

Regulations; (2) revising the employ 

overly complex references to Commerce Control List numbers and sections of the EAR; and (3) 

eliminating duplicative and inconsistent requirements of the Treasury sanctions and Commerce 

regulations. 

The Boeing Company commented on foreign policy-based export controls related to safety of 

flight exports. Boeing noted that its commitment to flight safety has led it to assist nonsanctioned airlines that encounter unanticipated repairs in a sanctioned country. In such cases, 

Boeing has had to seek licenses from both Commerce and Treasury, which can take months. 

Boeing also claims that U.S. export controls on foreign-available items that do not pose a threat 

gray markets or counterfeit airplane parts, 

spurring foreign competition which may not be subject to the same export restrictions, and 

- 
APPENDIX II 

Multilateral Export Control Regimes in 2012

WASSENAAR AG MTCR NSG

Argentina Argentina Argentina Argentina 

Australia Australia Australia Australia 

Austria Austria Austria Austria 

 Belarus 

Belgium Belgium Belgium Belgium 

 Brazil Brazil 

Bulgaria Bulgaria Bulgaria Bulgaria 

Canada Canada Canada Canada 

Croatia Croatia Croatia 

 Cyprus Cyprus 

Czech Republic Czech Republic Czech Republic Czech Republic 

Denmark Denmark Denmark Denmark 

Estonia Estonia Estonia 

 European Commission European Union (Observer) 

Finland Finland Finland Finland 

France France France France 

Germany Germany Germany Germany 

Greece Greece Greece Greece 

Hungary Hungary Hungary Hungary 

 Iceland Iceland Iceland 

Ireland Ireland Ireland Ireland 

Italy Italy Italy Italy 

Japan Japan Japan Japan 

 Kazakhstan 

Latvia Latvia Latvia 

Lithuania Lithuania Lithuania 

Luxembourg Luxembourg Luxembourg Luxembourg 

Malta Malta Malta 

Mexico 

Netherlands Netherlands Netherlands Netherlands 

New Zealand New Zealand New Zealand New Zealand 

Norway Norway Norway Norway 

 

Poland Poland Poland Poland 

Portugal Portugal Portugal Portugal 

Rep. of Korea (South Korea) Rep. of Korea (South Korea) Rep. of Korea (South Korea) Rep. of Korea (South Korea) 

Romania Romania Romania 

Russian Federation Russia Federation Russian Federation 

Slovak Republic Slovak Republic Slovak Republic 

Slovenia Slovenia Slovenia 

South Africa South Africa South Africa 

Spain Spain Spain Spain 

Sweden Sweden Sweden Sweden 

Switzerland Switzerland Switzerland Switzerland 

Turkey Turkey Turkey Turkey 

Ukraine Ukraine Ukraine Ukraine 
WASSENAAR AG MTCR NSG

United Kingdom United Kingdom United Kingdom United Kingdom 

United States United States United States United States 

AG: Australia Group; MTCR: Missile Technology Control Regime; NSG: Nuclear Suppliers Group 
Appendix III Selected Rules Published by the Department of Commerce in 2012 

123 

2013 Report on Foreign Policy-Based Export Controls 

APPENDIX III 

Selected Rules Published by the Department of Commerce in 2012 

Publication 

Date 

Federal 

Register 

Citation 

Rule 

11/29/12 77 FR 71213 Revisions to the Export Administration Regulations (EAR) To Make the 

Commerce Control List (CCL) Clearer 

11/29/12 77 FR 71097 Addition of Certain Persons to the Entity List 

11/28/12 77 FR 70945 Revisions to the Export Administration Regulations (EAR): Control of 

Military Electronic Equipment and Related Items the President Determines 

No Longer Warrant Control Under the United States Munitions List (USML) 

10/09/12 77 FR 61249 Addition of Certain Persons to the Entity List 

09/19/12 77 FR 58006 Addition of Certain Persons to the Entity List; Removal of Person from the 

Entity List Based on Removal Request; and Implementation of Entity List 

Annual Review Changes 

09/14/12 77 FR 56766 Updated Statements of Legal Authority for the Export Administration 

Regulations 

07/23/12 77 FR 42973 Export and Reexport Controls to Rwanda and United Nations Sanctions 

Under the Export Administration Regulations 

07/09/12 77 FR 40258 Amendment to Existing Validated End-User Authorizations: Hynix 

Semiconductor China Ltd., Hynix Semiconductor (Wuxi) Ltd., and Boeing 

Tianjin Composites Co. Ltd. in the People's Republic of China 

07/02/12 77 FR 39353 Wassenaar Arrangement 2011 Plenary Agreements Implementation: 

Commerce Control List, Definitions, New Participating State (Mexico) and 

Reports 

07/02/12 77 FR 39162 Implementation of the Understandings Reached at the 2011 Australia Group 

(AG) Plenary Meeting and Other AG-Related Clarifications to the EAR 

06/13/12 77 FR 35310 Revisions to the Export Administration Regulations (EAR): Control of 

Military Training Equipment and Related Items the President Determines No 

Longer Warrant Control Under the United States Munitions List (USML) 

06/19/12 77 FR 37523 Proposed Revisions to the Export Administration Regulations: 

Implementation of Export Control Reform; Revisions to License Exceptions 

After Retrospective Regulatory Review 

06/19/12 77 FR 36419 

06/07/12 77 FR 33688 Revisions to the Export Administration Regulations (EAR): Control of 

Personal Protective Equipment, Shelters, and Related Items the President 

Determines No Longer Warrant Control Under the United States Munitions 

List (USML) 

05/18/12 77 FR 29564 Revisions to the Export Administration Regulations: Auxiliary and 

Miscellaneous Items That No Longer Warrant Control Under the United 

States Munitions List and Items on the Wassenaar Arrangement Munitions 

List 

05/14/12 77 FR 28250 Entity List Additions; Corrections 
Appendix III Selected Rules Published by the Department of Commerce in 2012 

124 

2013 Report on Foreign Policy-Based Export Controls 

Publication 

Date 

Federal 

Register 

Citation 

Rule 

05/02/12 77 FR 25932 Revisions to the Export Administration Regulations (EAR): Control of 

Energetic Materials and Related Articles That the President Determines No 

Longer Warrant Control Under the United States Munitions List (USML) 

04/27/12 77 FR 25055 Addition of Certain Persons to the Entity List 

04/25/12 77 FR 24587 Addition of Certain Persons to the Entity List; and Implementation of Entity 

List Annual Review Changes 

04/18/12 77 FR 23114 Addition of Certain Persons on the Entity List: Addition of Persons Acting 

Contrary to the National Security or Foreign Policy Interests of the United 

States 

04/13/12 77 FR 22191 Revisions to the Export Administration Regulations (EAR): Export Control 

Classification Number 0Y521 Series, Items Not Elsewhere Listed on the 

Commerce Control List (CCL) 

02/24/12 77 FR 10953 Amendment to Existing Validated End-User Authorizations for Applied 

Materials (China), Inc., Boeing Tianjin Composites Co. Ltd., CSMC 

Technologies Corporation, Lam Research Corporation, and Semiconductor 

Manufacturing International Corporation in the People's Republic of China, 

and for GE India Industrial Pvt. Ltd. in India 

02/22/12 77 FR 10357 Updated Statements of Legal Authority To Reflect Continuation of 

Emergency Declared in Executive Orders 12947 and 13224 

02/03/12 77 FR 5387 Amendment to the Export Administration Regulations: Addition of a 

Reference to a Provision of the Iran Sanctions Act of 1996 (ISA) and 

Statement of the Licensing Policy for Transactions Involving Persons 

Sanctioned Under the ISA 

01/09/12 77 FR 1017 Export and Reexport License Requirements for Certain Microwave and 

Millimeter Wave Electronic Components