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[Federal Register: July 15, 2010 (Volume 75, Number 135)]
[Rules and Regulations]               
[Page 41078-41084]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy10-6]                         

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 742 and 774

[Docket No. 080721866-0167-02]
RIN 0694-AE42

 
Revisions to the Commerce Control List To Update and Clarify 
Crime Control License Requirements

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final Rule.

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SUMMARY: This rule updates and clarifies export and reexport license 
requirements on striking weapons, restraint devices, shotguns and 
parts, optical sighting devices, and electric shock devices. It also 
adds equipment designed for the execution of humans to the Commerce 
Control List. This rule makes no changes to the longstanding policy of 
denial of applications to export or reexport specially designed 
implements of torture. The rule provides additional illustrative 
examples of such items and adopts a definition of torture used in a 
U.S. statute that implements the United Nations Convention against 
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 
BIS is publishing this rule as part of an ongoing review of crime 
control license requirements and policy.

DATES: This rule is effective July 15, 2010.

ADDRESSES: Comments on this rule may be submitted by e-mail directly to 
BIS at publiccomments@bis.doc.gov (refer to Regulatory Identification 
Number (RIN) 0694-AE42 in the subject line), or on paper to the 
Regulatory Policy Division, Office of Exporter Services, Bureau of 
Industry and Security, Room H2705, U.S. Department of Commerce, 14th 
Street and Pennsylvania Avenue, NW. Washington, DC 20230. Refer to RIN 
0694-AE42 in all comments.

FOR FURTHER INFORMATION CONTACT: Ron Rolfe, Office of Non-proliferation 
and Treaty Compliance, Bureau of Industry and Security, telephone: 202 
482-4563; fax: 202 482-4145; e-mail: rrolfe@bis.doc.gov.

SUPPLEMENTARY INFORMATION:

Background

    The Export Administration Regulations (EAR) (15 CFR parts 730-774) 
impose license requirements for certain exports from the United States 
and reexports from other countries for, among other reasons, ``crime 
control.'' The crime control license requirements are intended for the 
``support of U.S. foreign policy to promote human rights throughout the 
world'' (15 CFR 742.7(a)). Publication of this rule is part of BIS's 
ongoing effort to review and, where appropriate, revise the crime 
control license requirements in the EAR. As part of that effort, BIS 
published a notice of inquiry seeking public comments on whether the 
scope of items and destinations that are subject to crime control 
license requirements should be changed (73 FR 14769, March 19, 2008). 
After reviewing those comments, and conducting its own internal 
deliberations, BIS decided to proceed in stages. This final rule is the 
culmination of the first stage, which began with the publication of a 
proposed rule (74 FR 40117, August 11, 2009). This first stage 
addresses relatively simple extensions, modifications or removals of 
items currently on the Commerce Control List or additions to that List 
of items that have an easily identified crime control or law 
enforcement nexus.
    BIS plans to publish a subsequent proposed rule that will identify 
potential expansion of certain Export Control Classification Numbers as 
suggested in the comments to this proposed rule; whether, and, if so, 
the extent to which biometric measuring devices, integrated data 
systems, simulators, and communications equipment should be added to 
the Commerce Control List; the degree to which software and technology 
related to commodities on the Commerce Control List should be listed 
and how such software and technology should be described; and general 
policy issues such as whether the range of destinations to which crime 
control license requirements apply should be modified.

Summary of the Comments on the Proposed Rule and BIS's Response to 
Those Comments

    BIS received comments from two commenters, on individual and one 
non-profit organization, on the proposed rule. The comments and BIS's 
responses are summarized below.
Comment
    One commenter welcomed the strong and unambiguous statement in 
Sec.  742.7(d) that the United States considers international norms 
regarding human rights and the practices of other countries that 
control exports to promote human right when developing U.S. crime 
control export controls. That commenter noted that awareness of the 
centrality of human rights in export control policy helps international 
efforts to reform export control policy and serves as an example to 
other countries.
Response
    This final rule retains the proposed rule language in Sec.  
742.7(d). The centrality of human rights in connection with crime 
control license requirements has been noted in the EAR for many years.
Comment
    One commenter welcomed the use of the word ``including'' in Sec.  
742.11, which sets license requirements and policy for specially 
designed implements of torture.
Response
    Addition of the word ``including'' to Sec.  742.11 and its related 
Export Control Classification Number 0A983 is, as this commenter noted, 
intended to clarify the point that the operative factor in determining 
whether an item is subject to ECCN 0A983 and Sec.  742.11 is whether 
that item is a specially designed implement of torture. The listed 
items are examples of such instruments.
Comment
    One commenter welcomed the addition of the term ``shock sleeves'' 
to

[[Page 41079]]

the illustrative list of items ECCN 0A983 (Specially Designed 
Implements of Torture) but noted that shock belts are not included in 
the 0A983 illustrative list and that ``stun cuffs'' are included in the 
illustrative list for ECCN 0A982 (Law Enforcement Restraint Devices). 
This commenter stated that shock belts, shock sleeves and stun cuffs 
pose the same concerns about potential use in repressing human rights 
and suggested that all three should be covered by ECCN 0A983 under the 
collective term ``body worn electronic restraint/electric shock 
devices.''
Response
    In deciding whether to classify an item as a specially designed 
implement of torture or as a law enforcement restraint device, BIS 
considers whether the item has legitimate law enforcement uses. In some 
instances, law enforcement authorities must restrain violent persons 
and some level of force will be needed to do so. Many items have 
potential to be used in abusing human rights; however not all of those 
items are specially designed implements of torture. Because legitimate 
law enforcement activities sometimes include the need to restrain 
violent persons without resorting to lethal force, BIS believes that 
some use of electric shock devices in law enforcement may be necessary. 
BIS has reassessed its earlier thinking and concluded that stun cuffs, 
shock sleeves and shock belts are, in some situations, necessary to 
protect law enforcement officers and the public from violent persons. 
At the same time, these commodities have sufficient potential to be 
used in the abuse of human rights that they should be subject to crime 
control license requirements. Accordingly, all three of those 
commodities should be treated as restraint devices rather than as 
implements of torture. Accordingly, this final rule adds ``shock 
belts,'' ``stun cuffs'' and ``shock sleeves'' to the illustrative list 
of restraint devices included in ECCN 0A982 . This final rule does not 
add ``shock sleeves'' to the illustrative list of specially designed 
implements of torture included in ECCN 0A983 and to the heading of 
Sec.  742.11 of the EAR as was proposed in the proposed rule. This 
final rule does not add stun cuffs to ECCN 0A985 as was proposed in the 
proposed rule. BIS believes that the EAR will be clearer if all law 
enforcement restraint devices, regardless of whether they operate by 
physical or electrical means, are listed under a single ECCN.
Comment
    One commenter recommended that BIS add Canada to the list of 
destinations requiring a license under ECCN 0A982, stating that the 
lack of a license requirement for Canada poses a diversion risk. 
Another comment stated the same concern regarding ECCN 0A985.
Response
    BIS did not propose any changes to the destinations to which a 
license would be required for items described in these ECCNs. In 
addition, BIS's longstanding practice is not to require licenses for 
export or reexport to Canada for most items. Currently, BIS does not 
believe that Canada poses a diversion risk that would justify a 
departure from this longstanding practice for these ECCNs.
Comment
    One commenter welcomed the use of the word ``including'' in ECCN 
0A978.
Response
    As noted by this commenter, that word makes the list illustrative. 
The operative term for classifying something under ECCN 0A978 will be 
the term ``law enforcement striking weapons.'' Previously this ECCN 
covered only saps.
Comment
    One commenter expressed concern that addition of the term ``law 
enforcement'' in ECCNs 0A978 and in 0A982 could lead to abuse. This 
commenter offered as an example a situation in which a party might 
assert that a set of handcuffs were not subject to ECCN 0A982 because 
in a particular transaction, the handcuffs were being exported for a 
purpose other than law enforcement.
Response
    The language in these two ECCNs describes the items that are 
subject to these ECCNs, not the end use to which the items are put. 
Some type of modifier to the term ``restraint devices'' in 0A982 is 
needed because BIS does not intend to cover all types of restraint 
devices, just those used in law enforcement. Similarly, some type of 
modifier is needed to the term striking weapons in ECCN 0A978. In 
general, ECCNs describe an item without reference to end-use to which 
an item will be put. In a few instances ECCNs are tied to a specific 
use by express language referring to the use (See e.g, ECCN 1C298, 
which applies to certain graphite ``that is intended for use other than 
in a nuclear reactor''). ECCNs 0A978 and 0A982 do not employ similar 
language to describe use or intended use. The phrase ``law 
enforcement'' is intended as part of the descriptions of the items that 
those two ECCNs cover. The phrase does not mean that a particular 
export or reexport must be for a law enforcement purpose or to a law 
enforcement organization in order for one of those ECCNs to apply. BIS 
believes that no change to the wording of these two ECCNs is needed to 
make this point, because absence of any statement of use or intended 
use, when read consistently with the general pattern of language used 
in other ECCNs indicates that neither ECCN 0A978 nor 0A982 is tied to a 
particular end use.
Comment
    One commenter welcomed new ECCN 0A981, which applies to equipment 
designed for the execution of human beings, but recommended that the 
wording of the ECCN be made illustrative to be consisted with ECCN's 
0A983 and 0A978. Two commenters noted the absence of the phrase ``and 
parts and accessories n.e.s'' in this ECCN. One commenter expressed a 
belief that such absence weakened the ECCN ``because execution 
technologies have a defined set of parts and accessories and because of 
their obvious potential in repressing human rights.'' The other 
commenter stated that parts and accessories should be covered by this 
ECCN because doing so would strengthen the ECCN by making it difficult 
to repair such equipment that exists outside the United States.
Response
    BIS believes that adding the word ``parts'' to ECCN 0A981 is not 
necessary at this time, but will consider proposing covering parts to 
this ECCN in a future rule. ECCN 0A981 covers equipment designed for 
the execution of human beings. BIS is not aware of export trade in 
parts for these commodities. Because the proposed rule did not propose 
adding parts to any of this ECCN, public comments have not been sought 
on this idea. Identifying parts that may be appropriate for an export 
license requirement without imposing an export license requirement on 
general parts that, although usable in equipment designed for the 
execution of human beings, have many other uses as well would require 
both research by BIS and public comment. Therefore, BIS will consider 
addressing the parts issue for these ECCNs in a future proposed rule.
Comment
    One commenter stated that in ECCN 0E984, the wording ``buckshot 
shotgun shells.'' is too restrictive given the

[[Page 41080]]

increasing range of less-lethal shotgun shells on the market, their 
wide use in crime control and the potential for repressing human 
rights. That commenter urged BIS to expand ECCN 0E984 to encompass 
technology for the development or production of all shotgun shells.
Response
    In the proposed rule, BIS proposed replacing three different 
reasons for control (CC 1, CC 2 and CC 3) for technology for the 
development and production of shotguns with a single reason (CC 1). The 
reasons for control varied according to the barrel length of the 
shotgun. BIS proposed the change because most of the technology for the 
development or production of a shotgun would not vary based on barrel 
length. No commenters objected to this proposed change. The reference 
to ``buckshot shotgun shells'' in ECCN 0E984 was pre-existing language 
that BIS did not propose to change. This commenter suggests that BIS go 
further than the proposal and make ECCN 0E984 applicable to technology 
for the development and production of all shotgun shells. BIS believes 
that before expanding the scope of this ECCN, the proposal should be 
set forth in a proposed rule with an opportunity for public comment. 
Accordingly, BIS is not adopting this commenter's proposal at this 
time, but may propose it in a future rule.
Comment
    One commenter expressed concern because ECCN 3A981 aggregates 
different types of equipment which serve different functions, namely 
analysis technologies, biometric technologies and penal technologies. 
This commenter recommended that BIS disaggregate such technologies into 
additional ECCN's wherever possible. The commenter stated that such 
disaggregating would promote best practices and clarity, and facilitate 
reporting and analysis of licensable exports.
Response
    Disaggregating commodities currently covered by ECCN 3A981 might 
provide the clarity that this commenter suggests. However, doing so 
might also impose costs on or engender confusion among parties 
accustomed to the current Commerce Control List structure. BIS believes 
that such a restructuring should not be undertaken without notice and 
an opportunity for public comment. Accordingly BIS may propose 
disaggregating the contents of ECCN 3A981 in a future proposed rule.
Summary of the Changes Made by This Rule
    Revisions to Sec.  742.7--Crime control--This rule revises the 
section heading to read ``Crime control and detection'' to reflect the 
contents of the section. It also revises paragraph (a) to set forth an 
all destination license requirement for a new ECCN 0A981 that would 
apply to equipment designed for the execution of human beings. Finally, 
this rule revises paragraph (d) to state that in maintaining these 
controls, the United States considers international norms and the 
practices of other countries that control exports to promote the 
observance of human rights; however, the controls are not based on the 
decisions of any multilateral export control regime and may differ from 
controls imposed by other countries. This rule removes certain language 
from paragraph (d) that could have been read as erroneously implying 
that the United States is the only country that imposes export controls 
on crime control and detection items.
    Revisions to Sec.  742.11--Specially designed implements of torture 
* * * --This rule revises the heading to match the revised language 
that this rule applies to ECCN 0A983, i.e. ``Specially designed 
implements of torture, including thumbscrews, thumbcuffs, fingercuffs, 
spiked batons and parts and accessories, n.e.s.'' This rule also 
revises paragraph (d) to state that in maintaining these controls, the 
United States considers international norms and the practices of other 
countries that control exports to promote the observance of human 
rights; however, the controls are not based on the decisions of any 
multilateral export control regime and may differ from controls imposed 
by other countries. This rule removes certain language from paragraph 
(d) that could have been read as erroneously implying that the United 
States is the only country that imposes export controls on specially 
designed implements of torture. This rule makes no changes to the 
policy of denial of applications to export items subject to Sec.  
742.11 or to the prohibition (stated in Sec.  740.2(a)(10) of the EAR) 
on use of license exceptions to export commodities subject to Sec.  
742.11 of the EAR.
    Revisions to ECCN 0A978--Saps--The items covered by this ECCN are 
expanded from ``saps'' to ``law enforcement striking weapons.'' Saps, 
police batons, side handle batons, tonfas, sjamboks, and whips are 
listed as examples of law enforcement striking weapons. BIS believes 
that this change will provide consistent license requirements for 
several items that have substantially similar crime control functions.
    Creation of ECCN 0A981--Equipment for the Execution of Human 
Beings--This rule creates a new ECCN 0A981 that applies to equipment 
designed for the execution of human beings. Such equipment will require 
a license to all destinations. BIS is adding this ECCN because 
equipment designed for the execution of human beings has a clear nexus 
to crime control and an obvious potential use in repressing human 
rights.
    Revisions to ECCN 0A982--Restraint Devices--Several changes are 
being made to this ECCN to (a) make clear that it applies to law 
enforcement restraint devices, rather than safety or medical equipment, 
(b) update the illustrative list of commodities to which this ECCN 
applies, and (c) cross reference other ECCNs that apply to similar 
devices. These changes are intended to focus the ECCN on items of crime 
control significance and to reduce the possibility of 
misinterpretations. The rule adds the phrase ``Law enforcement'' to the 
ECCN heading. This rule adds ``multipoint restraint devices including 
restraint chairs'' to the illustrative list of restraint devices 
because use of these devices has increased in recent years and because 
they have potential for use in human rights abuse. This rule adds stun 
cuffs, shock sleeves, and shock belts to ECCN 0A982. The proposed rule 
would have added shock sleeves to ECCN 0A983 and stun cuffs to ECCN 
0A985. As pointed out in the public comments, the proposed rule did not 
address shock belts at all. Upon reflection, BIS has concluded that 
each of these three devices has a legitimate law enforcement use in 
restraining violent persons. Each can be distinguished from the 
specially designed implements of torture in ECCN 0A983, which have no 
legitimate law enforcement uses and from the shock devices in ECCN 
0A985, which can be used to apply non-lethal force to protect law 
enforcement personnel and others from violent persons. Placing these 
three devices in the law enforcement restraint device ECCN will add 
clarity to the EAR. The rule also revises the related controls 
paragraph of this ECCN to note two related export license requirements: 
finger cuffs are classified under ECCN 0A983--specially designed 
implements of torture, and electronic devices that monitor and report a 
person's location to enforce restrictions on movement for law 
enforcement or penal reasons are controlled under ECCN 3A981.

[[Page 41081]]

    Finally, this rule adds a note stating that ECCN 0A982 does not 
apply to medical devices that are equipped to restrain patient movement 
during medical procedures, devices that confine memory-impaired 
patients to appropriate medical facilities, or safety equipment such as 
safety belts or child automobile safety seats.
    BIS believes that this revised language clarifies the scope of ECCN 
0A982 and is not a substantive change.
    Revisions to ECCN 0A983--Specially Designed Implements of Torture--
This rule makes no changes to the EAR's stated policies of denial of 
license applications for the export or reexport of specially designed 
implements of torture and prohibition of use of any license exception 
to export or reexport specially designed implements of torture.
    The heading of ECCN 0A983 is being revised to add the word 
``including'' immediately following the phrase ``specially designed 
implements of torture'' to make clear that the items listed are 
examples of specially designed implements of torture rather than an 
exclusive list of such implements. The heading is also being revised to 
add fingercuffs, and spiked batons to the ECCN as additional examples 
of specially designed implements of torture. A new note provides that 
``torture'' in this ECCN has the same meaning as set forth in 18 U.S.C. 
2340(1), which is the definition employed by the United States criminal 
statute that implements the United Nations Convention against Torture 
and Other Cruel, Inhuman or Degrading Treatment or Punishment. BIS 
believes that these changes will more clearly distinguish specially 
designed implements of torture from crime control and detection items.
    Revisions to ECCN 0A984--Shotguns--This rule removes the phrase 
``parts n.e.s.'' and adds the following specific parts for the shotguns 
controlled by this ECCN: Barrels of 18 inches (45.72 cm) or longer but 
not longer than 24 inches (60.96 cm), receivers, breech mechanisms, 
complete trigger mechanisms, and magazines or magazine extension tubes. 
The parts are subject to CC column 1 license requirements. BIS believes 
that the purposes of the control can be met by retaining the license 
requirement on the shotguns themselves and on the critical parts set 
forth in this rule. BIS believes that continuing to require licenses 
for other parts would pose a burden on legitimate trade in shotgun 
repair parts that is not needed to achieve the purpose of these 
controls or of the controls related to the Inter-American Convention 
Against the Illicit Manufacturing of and Trafficking in Firearms, 
Ammunition, Explosives and Other Related Materials.
    Revisions to ECCN 0A985--Discharge Type Arms--ECCN 0A985 applies to 
discharge type arms and to some electroshock devices that are not 
discharge type arms. To provide greater clarity and to include a 
representative description of devices currently available, this 
proposed rule adds the phrase ``devices to administer electric shock'' 
to the heading and adds shock shields to the illustrative list of items 
classified under this ECCN. This rule also adds references to the 
``Related Controls'' paragraph informing readers that electronic 
devices that monitor and report a person's location to enforce 
restrictions on movement for law enforcement or penal reasons are 
controlled under ECCN 3A981 and that law enforcement restraint devices 
that administer an electric shock are controlled under ECCN 0A982.
    Revisions to ECCN 0A987--Optical Sighting Devices for Firearms--
This rule replaces the general description in the heading of ECCN 0A987 
with a list of items controlled. With this change, the ECCN clearly 
states that it applies to specific sighting devices, their associated 
optical elements, and adjustment mechanisms.
    Revisions to ECCN 0E984--Technology for shotguns--This rule revises 
ECCN 0E984 to apply CC Column 1 as a reason for control of technology 
for the development and production of all shotguns and shotgun shells 
controlled by ECCN 0A984. Currently, ECCN 0E984 applies reasons for 
control that are parallel to the reasons for control in ECCN 0A984, 
i.e., CC Column 1, 2, or 3 is applied depending on whether the barrel 
length exceeds 24 inches and whether the end-user is a law enforcement 
agency. BIS is making the change described in this paragraph because it 
believes that the technology for the development and production of 
shotguns is substantially the same for all shotguns with barrel length 
exceeding 18 inches and does not vary based on the end user of the 
shotgun.
    Revisions to ECCN 3A981--Polygraphs and other electronic devices--
This rule adds a cross reference to the restraint devices controlled by 
ECCN 0A982. This rule also adds a note expressly stating that the 
electronic monitoring restraint devices in ECCN 3A981 are devices that 
monitor or report the location of confined persons for law enforcement 
or penal reasons. The note excludes devices used to confine memory 
impaired patients to appropriate medical facilities. BIS views these 
changes as clarifications rather than substantive changes.
    Consistent with the provisions of section 6 of the Export 
Administration Act of 1979, as amended (EAA), a foreign policy report 
was submitted to Congress on July 12, 2010, notifying Congress of the 
imposition of foreign policy-based licensing requirements reflected in 
this rule.
    Although the Export Administration Act expired on August 20, 2001, 
the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 
2001 Comp., p. 783 (2002), as extended by the Notice of August 13, 2009 
(74 FR 41325 (August 14, 2009)), has continued the Export 
Administration Regulations in effect under the International Emergency 
Economic Powers Act.

Rulemaking Requirements

    1. This rule is significant for purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to nor be subject to a penalty for failure to 
comply with a collection of information, subject to the requirements of 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), 
unless that collection of information displays a currently valid Office 
of Management and Budget (OMB) Control Number. This rule involves a 
collection of information that has been approved by OMB under control 
number 0694-0088, which carries a burden hour estimate of 58 minutes to 
prepare and submit form BIS-748. Miscellaneous and recordkeeping 
activities account for 12 minutes per submission. BIS believes that the 
changes proposed will increase the number of submissions subject to 
this collection by approximately 1,200 annually. Send comments 
regarding these burden estimates or any other aspect of these 
collections of information, including suggestions for reducing the 
burden, to Jasmeet Seehra, Office of Management and Budget (OMB), by e-
mail to jseehra@omb.eop.gov, or by fax to (202) 395-7285; and to the 
Regulatory Policy Division, Bureau of Industry and Security, Department 
of Commerce, Room 2705, 14th Street and Pennsylvania Ave., NW., 
Washington, DC 20230.
    3. This rule does not contain policies with Federalism implications 
as this term is defined in Executive Order 13132.
    4. The provision of the Administrative Procedure Act (5 U.S.C. 553) 
requiring a delay in effective date, is inapplicable

[[Page 41082]]

because this regulation involves a military or foreign affairs function 
of the United States (see 5 U.S.C. 553(a)(1)). Delay in implementation 
could thwart the United States' commitment to promote the observance of 
human rights around the world. Any delay in the effective date of this 
rule could result in efforts to export restraint devices, equipment for 
the execution of human beings or technology for certain shotgun 
production to regimes or parties that abuse human rights or that would 
use the items to inflict torture before the license requirements become 
effective. In addition, immediate implementation of the changes that 
focus license requirements for shotgun parts and optical sighting 
devices parts impose no new burden on the public and will allow BIS to 
focus its licensing and enforcement resources on the critical parts, 
such as barrels, receivers, trigger mechanisms and optical elements, 
that give these items their essential capabilities for harm rather than 
dissipating such resources by evaluating license applications for and 
enforcing export controls on such relatively innocuous and easily 
fabricated items as springs, screws, washers and mounting brackets. In 
addition, the provisions of this rule that provide clarifications or 
additional cross references are not substantive changes. Because those 
provisions are not substantive changes, the provision of the 5 U.S.C. 
553 requiring a delay in effective date is inapplicable. BIS provided a 
notice of proposed rulemaking and an opportunity for public comment for 
this rule (74 FR 40117, August 11, 2009). Nevertheless, because such 
notice of proposed rulemaking and an opportunity for public comment 
were not required to be given for this rule by 5 U.S.C. 553, or by any 
other law, the analytical requirements of the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.) are not applicable.

List of Subjects

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

0
Accordingly, BIS amends the Export Administration Regulations (15 CFR 
Parts 730-774) as follows:

PART 742--[AMENDED]

0
1. The authority citation for part 742 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 
U.S.C. 7210; Sec 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12058, 43 
FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 
1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 
950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 
66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential Determination 
2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; Notice of August 
13, 2009, 74 FR 41325 (August 14, 2009); Notice of November 6, 2009, 
74 FR 58187 (November 10, 2009).

0
2. In Sec.  742.7, revise the heading, redesignate existing paragraph 
(a)(5) as paragraph (a)(6), add a new paragraph (a)(5) and revise 
paragraph (d) to read as follows:

Sec.  742.7  Crime control and detection.

    (a) * * *
    (5) Items designed for the execution of human beings as identified 
in ECCN 0A981 require a license to all destinations including Canada.
* * * * *
    (d) U.S. controls. In maintaining its controls on crime control and 
detection items, the United States considers international norms 
regarding human rights and the practices of other countries that 
control exports to promote the observance of human rights. However, 
these controls are not based on the decisions of any multinational 
export control regime and may differ from controls imposed by other 
countries.
0
3. In Sec.  742.11, revise the heading and paragraph (d) to read as 
follows:

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

* * * * *
    (d) U.S. controls. In maintaining its controls on specially 
designed instruments of torture the United States considers 
international norms regarding human rights and the practices of other 
countries that control exports to promote the observance of human 
rights. However, these controls are not based on the decisions of any 
multinational export control regime and may differ from controls 
imposed by other countries.

PART 774--[AMENDED]

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

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; Notice of August 13, 2009, 74 FR 41325 (August 14, 2009).

0
5. In Supplement No. 1 to part 774, Category 0, revise the heading of 
Export Control Classification (ECCN) 0A978 to read as follows:

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

* * * * *
    0A978 Law enforcement striking weapons, including saps, police 
batons, side handle batons, tonfas, sjamboks, and whips.
* * * * *

0
6. In Supplement No. 1 to part 774, Category 0, add a new ECCN 0A981 
immediately following ECCN 0A980 and immediately preceding ECCN 0A982 
to read as follows:

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

* * * * *
    0A981 Equipment designed for the execution of human beings (See 
list of items controlled).

License Requirements

    Reason for Control: CC.
    Control(s): CC applies to entire entry. A license is required 
for ALL destinations regardless of end-use. Accordingly, a column 
specific to this control does not appear on the Commerce Country 
Chart. (See Sec.  742.7 of the EAR for additional information.)

License Exceptions

    LVS: N/A.
    GBS: N/A.
    CIV: N/A.

List of Items Controlled

    Unit: $ value.
    Related Controls: N/A.
    Related Definitions: N/A.
    Items: a. Gallows and guillotines.
    b. Electric chairs for the purpose of executing human beings.
    c. Air tight vaults designed for the execution of human beings 
by the administration of a lethal gas or substance.
    d. Automatic drug injection systems designed for the execution 
of human beings by administration of a lethal substance.

0
7. In Supplement No. 1 to part 774, Category 0, ECCN 0A982, revise the 
heading, revise the ``Related Controls'' paragraph in the ``List of 
Items Controlled'' section and add a note at the end of ECCN 0A982 to 
read as follows:

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

* * * * *
    0A982 Law enforcement restraint devices, including leg irons, 
shackles, and handcuffs; straight jackets; stun cuffs; shock belts; 
shock sleeves; multipoint restraint devices such as restraint 
chairs; and parts and accessories, n.e.s.
* * * * *

[[Page 41083]]

List of Items Controlled

    Unit: $ * * *
    Related Controls: Thumbcuffs and fingercuffs are classified 
under ECCN 0A983, specially designed implements of torture. 
Restraint devices that electronically monitor or report the location 
of confined persons for law enforcement or penal reasons are 
controlled under ECCN 3A981.
* * * * *

    Note to ECCN 0A982.  This ECCN applies to restraint devices used 
in law enforcement activities. It does not apply to medical devices 
that are equipped to restrain patient movement during medical 
procedures. It does not apply to devices that confine memory 
impaired patients to appropriate medical facilities. It does not 
apply to safety equipment such as safety belts or child automobile 
safety seats.

0
8. In Supplement No. 1 to part 774, Category 0, ECCN 0A983, revise the 
heading, and add a note at the end of ECCN 0A983 to read as follows:

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

* * * * *
    0A983 Specially designed implements of torture, including 
thumbscrews, thumbcuffs, fingercuffs, spiked batons, and parts and 
accessories, n.e.s.
* * * * *

    Note to ECCN 0A983.  In this ECCN, ``torture'' has the meaning 
set forth in Section 2340(1) of Title 18, United States Code.

0
9. In Supplement No. 1 to part 774, Category 0, ECCN 0A984, revise the 
heading and the license requirements section of ECCN 0A984 to read as 
follows:

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

* * * * *
    0A984 Shotguns with barrel length 18 inches (45.72 cm) or over; 
receivers; barrels of 18 inches (45.72 cm) or longer but not longer 
than 24 inches (60.96 cm); complete trigger mechanisms; magazines 
and magazine extension tubes; complete breech mechanisms; buckshot 
shotgun shells; except equipment used exclusively to treat or 
tranquilize animals, and except arms designed solely for signal, 
flare, or saluting use.

License Requirements

    Reason for Control: CC, FC, UN.

----------------------------------------------------------------------------------------------------------------
                   Control(s)                                              Country chart
----------------------------------------------------------------------------------------------------------------
FC applies to entire entry......................  FC Column 1.
CC applies to shotguns with a barrel length       CC Column 1.
 greater than or equal to 18 in. (45.72 cm), but
 less than 24 in. (60.96 cm), shotgun parts
 controlled by this entry, and buckshot shotgun
 shells controlled by this entry, regardless of
 end-user.
CC applies to shotguns with a barrel length       CC Column 2.
 greater than or equal to 24 in. (60.96 cm),
 regardless of end-user.
CC applies to shotguns with a barrel length       CC Column 3.
 greater than or equal to 24 in. (60.96 cm) if
 for sale or resale to police or law enforcement.
UN applies to entire entry......................  Iraq, North Korea, and Rwanda.
----------------------------------------------------------------------------------------------------------------

* * * * *

0
10. In Supplement No. 1 to part 774, Category 0, ECCN 0A985, revise the 
heading and the ``Related Controls'' paragraph of the ``List of Items 
Controlled'' section to read as follows:

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

* * * * *
    0A985 Discharge type arms and devices to administer electric 
shock, for example, stun guns, shock batons, shock shields, electric 
cattle prods, immobilization guns and projectiles; except equipment 
used exclusively to treat or tranquilize animals, and except arms 
designed solely for signal, flare, or saluting use; and parts, 
n.e.s.
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: Law enforcement restraint devices that 
administer an electric shock are controlled under ECCN 0A982. 
Electronic devices that monitor and report a person's location to 
enforce restrictions on movement for law enforcement or penal 
reasons are controlled under ECCN 3A981.
* * * * *

0
11. In Supplement No. 1 to part 774, Category 0, ECCN 0A987, revise the 
heading and the ``Items'' paragraph of the ``List of Items Controlled'' 
section to read as follows:

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

* * * * *
    0A987 Optical sighting devices for firearms (including shotguns 
controlled by 0A984); and parts (See list of items controlled).
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items: a. Telescopic sights.
    b. Holographic sights.
    c. Reflex or ``red dot'' sights.
    d. Reticle sights.
    e. Other sighting devices that contain optical elements.
    f. Laser pointing devices designed for use on firearms.
    g. Lenses, other optical elements and adjustment mechanisms for 
articles in paragraphs a, b, c, d or e.

0
12. In Supplement No. 1 to part 774, Category 0, ECCN 0E984, revise the 
license requirements section of ECCN 0E984 to read as follows:

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

* * * * *
    0E984 ``Technology'' for the ``development'' or ``production'' 
of shotguns controlled by 0A984 and buckshot shotgun shells.

License Requirements

    Reasons for Control: CC, UN

----------------------------------------------------------------------------------------------------------------
                   Control(s)                                              Country chart
----------------------------------------------------------------------------------------------------------------
CC applies to ``technology'' for shotguns with a  CC Column 1.
 barrel length over 18 in. (45.72 cm), and for
 shotgun shells controlled by ECCN 0A984..
UN applies to entire entry......................  Iraq, North Korea, and Rwanda.
----------------------------------------------------------------------------------------------------------------

* * * * *

0
13. In Supplement No. 1 to part 774, Category 3, revise the ``Related 
Controls'' paragraph of the ``List of Items Controlled'' section and 
add a note to the end of ECCN 3A981 to read as follows:

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

* * * * *

[[Page 41084]]

    3A981 Polygraphs (except biomedical recorders designed for use 
in medical facilities for monitoring biological and neurophysical 
responses); fingerprint analyzers, cameras and equipment, n.e.s.; 
automated fingerprint and identification retrieval systems, n.e.s.; 
psychological stress analysis equipment; electronic monitoring 
restraint devices; and specially designed parts and accessories, 
n.e.s.
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: See ECCN 0A982 for other types of restraint 
devices.
    Related Definitions: * * *
    Items: * * *

    Note to ECCN 3A981.  In this ECCN, electronic monitoring 
restraint devices are devices used to record or report the location 
of confined persons for law enforcement or penal reasons. The term 
does not include devices that confine memory impaired patents to 
appropriate medical facilities.

    Dated: July 12, 2010.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2010-17338 Filed 7-14-10; 8:45 am]
BILLING CODE 3510-33-P
```