33688 Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Proposed Rules 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it would 

modify controlled airspace at Fort 

Morgan Municipal Airport, Fort 

Morgan, CO. 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, and effective 

September 15, 2011 is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ANM CO E5 Fort Morgan, CO [New] 

Fort Morgan Municipal Airport, CO 

(Lat. 40°20′02′′ N., Long. 103°48′15′′ W.) 

That airspace extending upward from 700 

feet above the surface within 7.5-mile radius 

of the Fort Morgan Municipal Airport. 

Issued in Seattle, Washington, on May 30, 

2012. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2012–13842 Filed 6–6–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 740, 742, and 774 

[Docket No. 120201082–2132–01] 

RIN 0694–AF58 

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) 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule describes 

how articles the President determines 

no longer warrant export control under 

Category X (Protective Personnel 

Equipment and Shelters) of the United 

States Munitions List (USML), would be 

controlled under the Commerce Control 

List (CCL) in new Export Control 

Classification Numbers (ECCNs) 1A613, 

1B613, 1D613, and 1E613. In 

conjunction with establishing these new 

ECCNs, this proposed rule would 

control military helmets (currently 

controlled under ECCNs 0A018 and 

0A988) under new ECCN 1A613 and 

amend ECCN 1A005 for body armor. 

This proposed rule also would remove 

machetes from ECCN 0A988. This is one 

in a planned series of proposed rules 

describing how various types of articles 

the President determines, as part of the 

Administration’s Export Control Reform 

Initiative, no longer warrant USML 

control, would be controlled on the CCL 

and by the EAR. This proposed rule is 

being published in conjunction with a 

proposed rule of the Department of 

State, Directorate of Defense Trade 

Controls (DDTC), which would amend 

the list of articles controlled by USML 

Category X in the International Traffic 

In Arms Regulations (ITAR). 

DATES: Comments must be received by 

July 23, 2012. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. The identification 

number for this rulemaking is BIS– 

2012–0019. 

• By email directly to 

publiccomments@bis.doc.gov. Include 

RIN 0694–AF58 in the subject line. 

• By mail or delivery to Regulatory 

Policy Division, Bureau of Industry and 

Security, U.S. Department of Commerce, 

Room 2099B, 14th Street and 

Pennsylvania Avenue NW., Washington, 

DC 20230. Refer to RIN 0694–AF58. 

FOR FURTHER INFORMATION CONTACT: 

Michael Rithmire, Office of National 

Security and Technology Transfer 

Controls, Bureau of Industry and 

Security, U.S. Department of Commerce, 

Telephone: (202) 482–6105, Email: 

Michael.Rithmire@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 15, 2011, as part of the 

Administration’s ongoing Export 

Control Reform Initiative, the Bureau of 

Industry and Security (BIS) published a 

proposed rule (76 FR 41958) (herein 

‘‘the July 15 proposed rule’’) that set 

forth a framework for how articles, 

which the President determines in 

accordance with section 38(f) of the 

Arms Export Control Act (AECA) 

(22 U.S.C. 2778(f)) would no longer 

warrant export control on the United 

States Munitions List (USML) of the 

ITAR, would be controlled on the 

Commerce Control List (CCL) in 

Supplement No. 1 to Part 774 of the 

Export Administration Regulations 

(EAR). On November 7, 2011 (76 FR 

68675) (herein ‘‘the November 7 

proposed rule’’), BIS published a rule 

proposing several changes to the 

framework initially proposed in the July 

15 rule. 

Following the structure of the July 15 

proposed rule, this proposed rule 

describes BIS’s proposal for controlling 

under the EAR and its CCL personal 

protective equipment, shelters, and 

related articles now controlled by the 

ITAR’s USML Category X. The proposed 

changes described in this proposed rule 

and the State Department’s proposed 

amendment to Category X of the USML 

are based on a review of Category X by 

the Defense Department, which worked 

with the Departments of State and 

Commerce in preparing the proposed 

amendments. The review was focused 

on identifying the types of articles that 

are now controlled by USML Category X 

in the ITAR that are either (i) inherently 

military and otherwise warrant export 

control on the USML or (ii) if it is a type 

common to non-military protective 

equipment, possessing parameters or 

characteristics that provide a critical 

military or intelligence advantage to the 

United States, and that are almost 

exclusively available from the United 

States. If an article satisfied one or both 

of those criteria, the article remained on 

the USML in the ITAR. If an article did 

not satisfy either standard but was 

nonetheless a type of article that is, as 

a result of differences in form and fit, 

‘‘specially designed’’ for military 


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applications, it was identified in the 

new ECCNs proposed in this notice. The 

licensing requirements and other EARspecific controls for such items also 

described in this notice would enhance 

national security, permitting the U.S. 

Government to focus its resources on 

controlling, monitoring, investigating, 

analyzing, and, if need be, prohibiting 

exports and reexports of more 

significant items to destinations, end 

uses, and end users of greater concern 

than our NATO allies and other multiregime partners. 

Pursuant to section 38(f) of the AECA, 

the President shall review the USML ‘‘to 

determine what items, if any, no longer 

warrant export controls under’’ the 

AECA. The President must report the 

results of the review to Congress and 

wait 30 days before removing any such 

items from the USML. The report must 

‘‘describe the nature of any controls to 

be imposed on that item under any 

other provision of law.’’ 22 U.S.C. 

2778(f)(1). This proposed rule describes 

how certain protective equipment and 

related articles in USML Category X 

would be controlled by the EAR and its 

CCL if the President determines that the 

articles no longer warrant export control 

on the USML. 

In the July 15 proposed rule, BIS 

proposed creating a series of new 

ECCNs to control items that would be 

removed from the USML, or that are 

items from the Wassenaar Arrangement 

on Export Controls for Conventional 

Arms and Dual Use Goods and 

Technologies Munitions List (Wassenaar 

Arrangement Munitions List or WAML) 

that are already controlled elsewhere on 

the CCL. The proposed rule referred to 

this series as the ‘‘600 series’’ because 

the third character in each of the new 

ECCNs would be a ‘‘6.’’ The first two 

characters of the 600 series ECCNs serve 

the same function as any other ECCN as 

described in § 738.2 of the EAR. The 

first character is a digit in the range 0 

through 9 that identifies the Category on 

the CCL in which the ECCN is located. 

The second character is a letter in the 

range A through E that identifies the 

product group within a CCL Category. In 

the 600 series, the third character is the 

number 6. With few exceptions, the 

final two characters identify the WAML 

category that covers items that are the 

same or similar to items in a particular 

600 series ECCN. 

This proposed rule would create four 

such ECCNs—1A613, to control 

armored and protective ‘‘equipment,’’ 

constructions, and ‘‘components;’’ 

1B613, to control test, inspection, and 

‘‘production’’ equipment, and related 

commodities ‘‘specially designed’’ for 

the ‘‘development’’ or ‘‘production’’ of 

commodities controlled by ECCN 1A613 

or USML Category X and not identified 

in USML Category X; 1D613, to control 

‘‘software’’ for the ‘‘development,’’ 

‘‘production,’’ operation, installation, 

maintenance, repair, overhaul, or 

refurbishing of items controlled by 

ECCNs 1A613 or 1B613; and 1E613, to 

control ‘‘technology’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishing of items 

controlled by ECCNs 1A613, 1B613, or 

1D613. 

This proposed rule also would revise 

three existing ECCNs—0A018, certain 

items on the Wassenaar Arrangement 

Munitions List; 0A988, conventional 

military steel helmets and machetes; 

and 1A005, body armor and specially 

designed components not manufactured 

to military standards or specifications. 

Further, this rule would revise License 

Exceptions Baggage (BAG) and 

Temporary Imports, Exports, and 

Reexports (TMP) to authorize exports of 

certain body armor classified under new 

ECCN 1A613. 

BIS will publish additional Federal 

Register notices containing proposed 

amendments to the CCL that will 

describe proposed controls for 

additional categories of articles the 

President determines no longer warrant 

export control under the USML. The 

State Department will publish 

concurrently proposed amendments to 

the USML that correspond to the BIS 

notices. BIS will also publish proposed 

rules to further align the CCL with the 

WAML and the Missile Technology 

Control Regime Equipment, Software 

and Technology Annex. 

Detailed Description of Changes 

Proposed by This Rule 

Proposed ECCN 1A613: Armored and 

Protective ‘‘Equipment,’’ Constructions, 

and Components 

Proposed ECCN 1A613 would impose 

national security (NS Column 1), 

regional stability (RS Column 1), and 

antiterrorism (AT Column 1) controls on 

commodities described herein. 

Paragraph .a of ECCN 1A613 would 

control armored plate ‘‘specially 

designed’’ for military use and not 

controlled by the USML. Paragraph .b 

would control shelters ‘‘specially 

designed’’ to provide ballistic protection 

or protect against nuclear, biological, or 

chemical contamination. Paragraph .c 

would control military helmets 

providing protection less than NIJ level 

IV (currently classified under ECCN 

0A018.d) and helmet shells providing 

protection less than NIJ level IV. 

Paragraph .d would control soft body 

armor and protective garments 

manufactured to military standards or 

specifications that provide ballistic 

protection equal to or less than NIJ level 

III (NIJ 0101.06, July 2008) as well as 

hard body armor plate that provides NIJ 

level III protection. Body armor 

currently classified under ECCN 1A005 

would not be reclassified under this 

ECCN, as discussed below. Paragraph .e 

would control other personal protective 

equipment, such as handheld ballistic 

shields, ‘‘specially designed’’ for 

military applications not specified in 

the USML or CCL. Paragraphs .f through 

.w would be reserved for future use. 

Paragraph .x would control ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories and 

attachments’’ that are ‘‘specially 

designed’’ for a commodity controlled 

by proposed ECCN 1A613 and not 

specified elsewhere in the CCL or 

USML. Paragraph .y would control 

specific ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories and attachments’’ 

‘‘specially designed’’ for a commodity 

controlled under proposed ECCN 1A613 

and not elsewhere specified in the CCL. 

This proposed rule would control 

conventional military steel helmets, 

currently classified under ECCN 0A988, 

under paragraph .y.1. Paragraphs .y.2 

through .y.98 would be reserved for 

future classification of specific 

equipment. 

BIS proposed to move anti-gravity 

suits, pressure suits, and atmosphere 

diving suits, currently controlled in the 

USML under Category X(a)(3), (a)(4), 

and (a)(5), respectively, to ECCN 9A610 

in the November 7 proposed rule. 

Proposed ECCN 1B613: Test, Inspection, 

and ‘‘Production’’ ‘‘Equipment’’ and 

Related Commodities ‘‘Specially 

Designed’’ for the ‘‘Development’’ or 

‘‘Production’’ of Commodities 

Controlled by ECCN 1A613 or USML 

Category X 

Proposed ECCN 1B613 would impose 

national security (NS Column 1), 

regional stability (RS Column 1), and 

antiterrorism (AT Column 1) controls on 

commodities described herein. 

Paragraph .a of ECCN 1B613 would 

control test, inspection, and 

‘‘production’’ ‘‘equipment’’ that is not 

specified in USML Category X(c) and is 

‘‘specially designed’’ for the 

‘‘production’’ or ‘‘development’’ of 

commodities specified in proposed 

ECCN 1A613 or USML Category X. 

Paragraph .b would control plasma 

pressure compaction (P2C) equipment 

‘‘specially designed’’ for the 

‘‘production’’ of ceramic or composite 

body armor plates controlled by ECCN 

1A613 or USML Category X. Paragraphs 

.c through .x would be reserved for 


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future use. Paragraph .y would control 

specific test, inspection, and 

‘‘production’’ ‘‘equipment’’ ‘‘specially 

designed’’ for the ‘‘production’’ or 

‘‘development’’ of commodities 

controlled by ECCN 1A613 or USML 

Category X. Paragraphs .y.1 through 

.y.98 would be reserved for future use. 

Proposed ECCN 1D613: ‘‘Software’’ 

‘‘Specially Designed’’ for the 

‘‘Development,’’ ‘‘Production,’’ 

Operation, Installation, Maintenance, 

Repair, Overhaul or Refurbishing of 

Commodities Controlled by ECCNs 

1A613 or 1B613 

Proposed ECCN 1D613 would impose 

national security (NS Column 1), 

regional stability (RS Column 1), and 

antiterrorism (AT Column 1) controls on 

‘‘software’’ described herein. Paragraph 

.a would control ‘‘software’’ (other than 

‘‘software’’ controlled in paragraph .y of 

ECCN 1D613) ‘‘specially designed’’ for 

the ‘‘development,’’ ‘‘production,’’ 

operation or maintenance of 

commodities controlled by ECCNs 

1A613 (except 1A613.y) or 1B613 

(except 1B613.y). Paragraphs .b through 

.x would be reserved for future use. 

Paragraph .y would control specific 

‘‘software’’ ‘‘specially designed’’ for the 

‘‘production,’’ ‘‘development,’’ or 

operation or maintenance of 

commodities listed in proposed ECCNs 

1A613 or 1B613. While paragraphs .y.2 

through .y.98 would be reserved, 

paragraph .y.1 would control specific 

‘‘software’’ ‘‘specially designed’’ for the 

‘‘production,’’ ‘‘development,’’ or 

operation or maintenance of 

commodities listed in proposed ECCNs 

1A613.y or 1B613.y. 

Proposed ECCN 1E613: ‘‘Technology’’ 

‘‘Required’’ for the ‘‘Development,’’ 

‘‘Production,’’ Operation, Installation, 

Maintenance, Repair, Overhaul or 

Refurbishing of Commodities Controlled 

by ECCNs 1A613 or 1B613, or 

‘‘Software’’ Controlled by ECCN 1D613 

Proposed ECCN 1E613 would impose 

national security (NS Column 1), 

regional stability (RS Column 1), and 

antiterrorism (AT Column 1) controls on 

the ‘‘technology’’ described herein. 

Paragraph .a would control 

‘‘technology’’ (other than ‘‘technology’’ 

controlled under paragraph .y) 

‘‘required’’ for the ‘‘development,’’ 

‘‘production,’’ operation, installation, 

maintenance, repair, overhaul, or 

refurbishing of commodities controlled 

by ECCNs 1A613 (except 1A613.y) or 

1B613 (except 1B613.y), or software 

controlled by ECCN 1D613 (except 

1D613.y). Paragraphs .b through .x 

would be reserved for future use. 

Paragraph .y would control specific 

‘‘technology’’ ‘‘required’’ for the 

‘‘production,’’ ‘‘development,’’ 

operation, installation, maintenance, 

repair, or overhaul of commodities or 

software listed in ECCNs 1A613, 1B613, 

or 1D613. While paragraphs .y.2 through 

.y.98 would be reserved, paragraph .y.1 

would control specific ‘‘technology’’ 

‘‘required’’ for the ‘‘production,’’ 

‘‘development,’’ operation, installation, 

maintenance, repair, or overhaul of 

commodities or software listed in 

ECCNs 1A613.y, 1B613.y, or 1D613.y. 

Inclusion of ‘‘.y.99’’ Paragraphs in 600 

Series ECCNs 

Proposed new ECCNs 1A613, 1B613, 

1D613 and 1E613 also would contain a 

paragraph ‘‘.y.99’’ that would control 

any item that meets all of the following 

criteria: (i) The item is not listed on the 

CCL; (ii) the item was previously 

determined to be subject to the EAR in 

an applicable commodity jurisdiction 

determination issued by the U.S. 

Department of State; and (iii) the item 

would otherwise be controlled under 

one of these 0x613 ECCNs because, for 

example, the item was ‘‘specially 

designed’’ for a military use. 

ECCNs 0A018 and 0A988 Amended 

This proposed rule would remove the 

references to military helmets in ECCN 

0A018.d. Conventional steel helmets 

described in paragraph .d.1, which are 

currently controlled under ECCN 

0A988, would be moved to proposed 

ECCN 1A613.y.1. Military helmets 

described in paragraph .d.2 are 

currently subject to the ITAR, and that 

jurisdiction would not change under 

this proposed rule. Military helmets 

classified under ECCN 0A018.d (i.e., 

that are not described in paragraphs .d.1 

or .d.2) would be moved to proposed 

ECCN 1A613.c under this proposed 

rule. Consequently, this proposed rule 

would amend the Related Controls 

paragraph to provide references to 

ECCNs 1A613.c and 1A613.y.1 and the 

USML for military helmets currently 

described in paragraph .d, and would 

remove the Note referencing paragraph 

.d. 

In addition, this proposed rule would 

remove references to conventional 

military steel helmets from the heading 

and the control paragraph of ECCN 

0A988. As a result of this move, these 

helmets would be subject to the 

de minimis limits applicable to ‘‘600 

series’’ items that were proposed in the 

July 15 and November 7 proposed rules, 

as well as the restrictions on License 

Exception availability for ‘‘600 series’’ 

items. ECCN 0A988 would be amended 

to cross reference ECCN 1A613.y.1. 

Under ECCN 0A018.d, military 

helmets are currently controlled for 

national security, antiterrorism, and 

United Nations (UN) reasons. Under 

proposed ECCN 1A613.c, they would be 

controlled for national security, regional 

stability, and antiterrorism reasons and 

no longer controlled for UN reasons. 

Controlling these items for UN reasons 

is unnecessary in light of the November 

7 proposed rule’s amendment to the RS 

Column 1 licensing policy, which stated 

that there would be a general policy of 

denial for ‘‘600 series’’ items if the 

destination is subject to a United States 

arms embargo or a United Nations 

Security Council arms embargo. A list of 

such destinations is identified in 

proposed section 740.2(a)(12), 

published in the November 7 proposed 

rule (and amended with this proposed 

rule, as discussed below). 

Under ECCN 0A988, conventional 

steel military steel helmets are 

controlled for UN reasons only; under 

ECCN 1A613.y.1, they would be 

controlled for antiterrorism reasons 

only. This change would remove the 

CCL-based license requirement for 

exports or reexports of the helmets to 

Rwanda and Iraq since Rwanda is no 

longer subject to a UN arms embargo 

and since ECCN 0A988 helmets do not 

fit the scope of the arms and related 

materiel that are subject to the current 

UN arms embargo on Iraq. This change 

would also impose a new CCL-based 

license requirement for exports or 

reexports of 0A988 helmets to Cuba, 

Iran, Sudan, and Syria for foreign policy 

reasons. 

Removing conventional military steel 

helmets from ECCN 0A988 would leave 

machetes as the only items controlled 

under that ECCN. Machetes do not meet 

the criteria of any proposed 600 series 

ECCN. Consequently, BIS reviewed 

machetes to determine whether such 

items should remain in ECCN 0A988, 

move to a different ECCN, or be 

removed from the CCL. Currently, ECCN 

0A988 imposes a CCL-based license 

requirement for exports and reexports of 

machetes to Iraq, North Korea, and 

Rwanda due to UN arms embargoes. 

However, machetes do not fit the scope 

of arms and related materiel that are 

subject to UN arms embargoes. Further, 

machetes do not fit the scope of any 

ECCNs currently controlling items for 

anti-terrorism reasons. Therefore, this 

proposed rule would remove machetes 

from the CCL and designate them as 

EAR99 items. This proposal would help 

streamline the CCL and remove an item 

for which BIS believes no national 

security or foreign policy concern exists 

to merit control under the CCL. As 

EAR99 items, machetes would continue 


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to require licenses for certain countries 

subject to comprehensive embargoes 

and sanctions under part 746 and 

certain end uses and end users 

described in part 744 of the EAR. 

ECCN 1A005 Amended 

This proposed rule would revise the 

List of Items Controlled section in ECCN 

1A005 to more positively identify soft 

body armor and hard body armor plates 

that are controlled under this ECCN. In 

addition, this proposed rule would 

amend the Related Controls paragraph 

of ECCN 1A005 to reference body armor 

controlled under ECCN 1A613 and 

police helmets and shields controlled 

under ECCN 0A979. 

License Exception BAG Amended for 

Body Armor Controlled Under ECCN 

1A613.d 

In the July 15 proposed rule, BIS 

proposed adding new section 

740.2(a)(13) to the EAR to identify when 

items classified under the ‘‘600 series’’ 

would be eligible for license exceptions. 

This proposed rule would amend 

proposed § 740.2(a)(13)(i) and current 

§ 740.14 to authorize, under License 

Exception BAG, exports of body armor 

classified under newly proposed ECCN 

1A613.d. License Exception BAG, in 

§ 740.14, would be amended by adding 

a new paragraph (h), which generally is 

modeled on the exemptions in 

§§ 123.17(f) and (g) of the ITAR. In 

addition, to parallel § 123.17(g) of the 

ITAR, which authorizes exports without 

a license under certain circumstances to 

Afghanistan and Iraq, both of which are 

subject to arms embargoes under § 126.1 

of the ITAR, this proposed rule would 

revise the July 15 rule’s proposed 

restrictions on all license exceptions set 

forth in § 740.2(a)(12) to authorize 

exports of ECCN 1A613.d body armor to 

those two countries, as long as the 

specified conditions of license 

condition availability are met. Under 

this proposal for License Exception 

BAG, only exports, and not reexports, 

would be authorized for body armor 

controlled under ECCN 1A613.d. BIS 

encourages public comments on 

whether BAG should also authorize 

reexports of such body armor and, if so, 

whether conditions should apply to 

such reexports. 

Concurrently, this proposed rule 

would revise the July 15 rule’s proposed 

amendment to § 740.2(a)(12) by 

updating the list of countries currently 

subject to a United States or UN arms 

embargo by including Fiji and removing 

Sierra Leone. 

License Exception TMP Amended for 

Body Armor Controlled Under ECCN 

1A613.d 

As with License Exception BAG, this 

proposed rule would amend License 

Exception TMP to authorize the export 

of ECCN 1A613.d body armor as a tool 

of trade. Specifically, this proposed rule 

would add new paragraph (a)(3)(v) to 

§ 740.9, which generally would be 

modelled on the exemptions in 

§§ 123.17(f) and (g) of the ITAR. In order 

to authorize exports of ECCN 1A613.d 

body armor through TMP to countries 

that are in Country Group D:1 but not 

subject to a United States arms embargo, 

this proposed rule would add an 

exception in paragraph (a)(3)(i)(B)(6) of 

§ 740.9 to the restriction on the use of 

TMP for destinations in Country Group 

D:1. To enable exports of ECCN 1A613.d 

body armor under TMP to Iraq, which 

is in Country Group D:1 and currently 

subject to a United States arms embargo, 

this proposed rule would add paragraph 

(a)(3)(i)(B)(7), which would authorize 

exports of ECCN 1A613.d body armor to 

Iraq under proposed paragraph 

(a)(3)(v)(B). 

To ensure that body armor controlled 

under ECCN 1A005 may be exported to 

the same destinations as more sensitive 

body armor controlled under ECCN 

1A613.d, this proposed rule would also 

add paragraph (a)(3)(i)(B)(5) to § 740.9 to 

authorize the export of ECCN 1A005 

body armor to countries in Country 

Group D:1. In addition, to parallel 

existing License Exception TMP 

provisions for ECCN 1A005 body armor, 

reexports of such items would be 

permitted in addition to exports. 

Because the proposed changes to 

License Exception TMP for body armor 

controlled under ECCN 1A613.d are 

modelled on the exemptions in 

§§ 123.17(f) and (g) of the ITAR, they 

would authorize only exports, and not 

reexports. BIS encourages comments on 

whether TMP should also authorize 

reexports of such body armor and, if so, 

what conditions should apply to such 

reexports. 

Proposed New ECCNs and License 

Exception STA 

The July 15 proposed rule would 

impose certain restrictions on the use of 

license exceptions for items that would 

be controlled under the new ‘‘600 

series’’ ECCNs on the CCL. For instance, 

proposed § 740.20(g) describes the 

process for requesting License 

Exception STA eligibility for ‘‘600 

series’’ end items classified in an ECCN 

‘‘xA6zz’’ entry. This proposed rule 

differs from the July 15 proposed rule in 

that items described in proposed ECCN 

1A613 would be eligible for 

§ 740.20(c)(1) of License Exception STA 

without need for a determination 

described in § 740.2(g). Likewise, items 

described in ECCN 1B613 would also be 

eligible for § 740.20(c)(1) of License 

Exception STA without need for a 

determination. No items described in 

ECCNs 1A613, 1B613, 1D613, or 1E613 

would be eligible for § 740.20(c)(2) of 

License Exception STA. 

Relationship to the July 15 and 

November 7 Proposed Rules 

As referenced above, the purpose of 

the July 15 proposed rule was to set up 

the framework to support the transfer of 

items from the USML to the CCL. To 

facilitate that goal, the July 15 proposed 

rule contained definitions and concepts 

that were meant to be applied across 

categories. However, as BIS undertakes 

rulemakings to move specific categories 

of items from the USML to the CCL, 

there may be unforeseen issues or 

complications that may require BIS to 

reexamine those definitions and 

concepts. The comment period for the 

July 15 proposed rule closed on 

September 13, 2011. In the November 7 

proposed rule, BIS proposed several 

changes to those definitions and 

concepts. The comment period for the 

November 7 proposed rule closed on 

December 22, 2011. 

To the extent that this rule’s proposals 

affect any provision in either of those 

proposed rules or any provision in 

either of those proposed rules affect this 

proposed rule, BIS will consider 

comments on those provisions so long 

as they are in the context of the changes 

proposed in this rule. 

BIS believes that the following aspects 

of the July 15 and November 7 proposed 

rules are among those that could affect 

this proposed rule: 

• De minimis provisions in § 734.4; 

• Restrictions on use of license 

exceptions in §§ 740.2, 740.10, 740.11, 

and 740.20 (including restrictions 

proposed by the November 7, 2011, 

proposed rule that would apply to items 

outside the scope of that rule); 

• Change to national security 

licensing policy in § 742.4; 

• Licensing policy in § 742.4(b)(1)(ii); 

• Addition of 600 series items to 

Supplement No. 2 to Part 744—List of 

Items Subject to the Military End-Use 

Requirement of § 744.21; 

• Addition of U.S. arms embargo 

policy regarding 600 series items set 

forth in § 742.4(b)(1)(ii) (national 

security) of the July 15 proposed rule to 

§ 742.6(b)(1) (regional stability) of the 

November 7 proposed rule; and 

• Definitions of terms in § 772.1. 


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Effects of This Proposed Rule 

De minimis 

The July 15 proposed rule would 

impose certain unique de minimis 

requirements on items controlled under 

the new 600 series ECCNs. Section 

734.3 of the EAR provides, inter alia, 

that under certain conditions, items 

made outside the United States that 

incorporate items subject to the EAR are 

not subject to the EAR if they do not 

exceed a de minimis percentage of 

controlled U.S.-origin content. 

Depending on the destination, the de 

minimis percentage can be either 10 

percent or 25 percent. The personal 

protective equipment, shelters, and 

related items that would be subject to 

the EAR as a result of this proposed rule 

would become eligible for de minimis 

treatment. 

Use of License Exceptions 

Personal protective equipment, 

shelters, and related items currently on 

the USML that would be classified 

under proposed ECCNs 1A613 and 

1B613 would become eligible for several 

license exceptions, including STA, 

which would be available for exports to 

certain government agencies of NATO 

and other multi-regime close allies. The 

exchange of information and statements 

required under STA is substantially less 

burdensome than the license 

application requirements currently 

required under the ITAR, as discussed 

in more detail in the ‘‘Regulatory 

Requirements’’ section of this proposed 

rule. None of the personal protective 

equipment, shelters, or related items 

that would be controlled by ECCNs 

1A613 or 1B613 would be subject to the 

provision in the July 15 proposed rule 

that proposes to preclude the use of 

License Exception STA for ‘‘600 series’’ 

end items unless approval for such use 

is sought from and granted by BIS. The 

items covered by this rule also would be 

eligible for the following license 

exceptions: LVS (limited value 

shipments), up to $1500 and RPL 

(servicing and parts replacement). In 

addition, body armor classified under 

ECCN 1A613.d would be eligible for 

License Exceptions BAG (baggage) and 

TMP (temporary imports, exports, and 

reexports). 

Alignment With the Wassenaar 

Arrangement Munitions List 

The Administration has stated since 

the beginning of the Export Control 

Reform Initiative that the reforms will 

be consistent with U.S. obligations to 

the multilateral export control regimes. 

Accordingly, the Administration will, in 

this and subsequent proposed rules, 

exercise its national discretion to 

implement, clarify, and, to the extent 

feasible, align its controls with those of 

the regimes. This proposed rule would 

align controls on the items that it adds 

to the CCL by placing them in new 600 

series ECCNs ending in ‘‘13’’ to parallel 

Category ML13 on the Wassenaar 

Arrangement Munitions List 

(‘‘[Armored] or protective equipment, 

constructions and components’’). Items 

in proposed ECCN 1A613 are covered 

by WAML Category ML 13. 

Request for Comments 

BIS seeks comments on this proposed 

rule. BIS will consider all comments 

received on or before July 23, 2012. All 

comments must be in writing and 

submitted via one or more of the 

methods listed under the ADDRESSES

caption to this notice. All comments 

(including any personal identifiable 

information or information for which a 

claim of confidentially is asserted either 

in those comments or their transmittal 

emails) will be available for public 

inspection and copying. Parties who 

wish to comment anonymously may do 

so by submitting their comments via 

www.regulations.gov and, leaving the 

fields for information that would 

identify the commenter blank, and 

including no identifying information in 

the comment itself. 

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 12, 2011, 76 FR 50661 

(August 16, 2011), has continued the 

Export Administration Regulations in 

effect under the International 

Emergency Economic Powers Act. BIS 

continues to carry out the provisions of 

the Act, as appropriate and to the extent 

permitted by law, pursuant to Executive 

Order 13222. 

Rulemaking Requirements 

1. Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distribute impacts, and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has been 

designated a ‘‘significant regulatory 

action,’’ although not economically 

significant, under section 3(f) of 

Executive Order 12866. Accordingly, 

the rule has been reviewed by the Office 

of Management and Budget (OMB). 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor is 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 

OMB control number. This proposed 

rule would affect two approved 

collections: Simplified Network 

Application Processing + System 

(control number 0694–0088), which 

includes, among other things, license 

applications, and License Exceptions 

and Exclusions (0694–0137). 

As stated in the July 15 proposed rule, 

BIS believes that the combined effect of 

all rules to be published adding items to 

the EAR that would be removed from 

the ITAR as part of the Administration’s 

Export Control Reform Initiative would 

increase the number of license 

applications submitted by 

approximately 16,000 annually, 

resulting in an increase in burden hours 

of 5,067 (16,000 transactions at 17 

minutes each) under control number 

0694–0088. 

Some items formerly on the USML 

will become eligible for License 

Exception STA under this rule. As 

specified in the STA eligibility 

paragraphs for 1A613 and 1B613, such 

items would not need a determination 

of eligibility per § 740.20(g) of the EAR. 

As stated in the July 15 proposed rule, 

BIS believes that the increased use of 

License Exception STA resulting from 

the combined effect of all rules to be 

published adding items to the EAR that 

would be removed from the ITAR as 

part of the Administration’s Export 

Control Reform Initiative would 

increase the burden associated with 

control number 0694–0137 by about 

23,858 hours (20,450 transactions at 1 

hour and 10 minutes each). 

BIS expects that this increase in 

burden would be more than offset by a 

reduction in burden hours associated 

with approved collections related to the 

ITAR. This proposed rule addresses 

controls on personal protective 

equipment and related parts, 

components, production equipment, 

software, and technology. Because, with 

few exceptions, the ITAR allows 

exemptions from license requirements 

only for exports to Canada, most exports 

of such items, even when destined to 

NATO member states and other close 

allies, require State Department 

authorization. In addition, the exports of 

technology necessary to produce such 

items in the inventories of the United 


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States and its NATO and other close 

allies require State Department 

authorizations. Under the EAR, as 

proposed, such technology would 

become eligible for export to NATO 

member states and other close allies 

under License Exception STA. Use of 

License Exception STA imposes a 

paperwork and compliance burden 

because, for example, exporters must 

furnish information about the item 

being exported to the consignee and 

obtain from the consignee an 

acknowledgement and commitment to 

comply with the EAR. However, the 

Administration understands that 

complying with the requirements of 

STA is likely less burdensome than 

applying for licenses. For example, 

under License Exception STA, a single 

consignee statement can apply to an 

unlimited number of products, need not 

have an expiration date and need not be 

submitted to the government in advance 

for approval. Suppliers with regular 

customers can tailor a single statement 

and assurance to match their business 

relationship rather than applying 

repeatedly for licenses with every 

purchase order to supply reliable 

customers in countries that are close 

allies or members of export control 

regimes or both. 

Even in situations in which a license 

would be required under the EAR, the 

burden likely will be reduced compared 

to the license requirement of the ITAR. 

In particular, license applications for 

exports of technology controlled by 

ECCN 1E613 are likely to be less 

complex and burdensome than the 

authorizations required to export ITARcontrolled technology, i.e., 

Manufacturing License Agreements and 

Technical Assistance Agreements. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under E.O. 13132. 

4. The Regulatory Flexibility Act 

(RFA), as amended by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA), 5 U.S.C. 

601 et seq., generally requires an agency 

to prepare an initial regulatory 

flexibility analysis (IRFA) for any rule 

subject to the notice and comment 

rulemaking requirements under the 

Administrative Procedure Act (5 U.S.C. 

553) or any other statute. However, 

under section 605(b) of the RFA, if the 

head of an agency certifies that a rule 

will not have a significant impact on a 

substantial number of small entities, the 

RFA does not require the agency to 

prepare a regulatory flexibility analysis. 

Pursuant to section 605(b), the Chief 

Counsel for Regulation, Department of 

Commerce, submitted a memorandum 

to the Chief Counsel for Advocacy, 

Small Business Administration, 

certifying that this proposed rule, if 

promulgated, will not have a significant 

impact on a substantial number of small 

entities. 

The changes proposed in this rule do 

not impact the original certification for 

these rules in the July 15 proposed rule. 

Consequently, BIS has not prepared a 

regulatory flexibility analysis. A 

summary of the factual basis for the 

certification, which also takes into 

consideration the changes proposed by 

this proposed rule, is provided below. 

Number of Small Entities 

The Bureau of Industry and Security 

(BIS) does not collect data on the size 

of entities that apply for and are issued 

export licenses. Although BIS is unable 

to estimate the exact number of small 

entities that would be affected by this 

rule, it acknowledges that this rule 

would affect some unknown number of 

them. 

Economic Impact 

This proposed rule is part of the 

Administration’s Export Control Reform 

Initiative. Under that initiative, the 

USML would be revised to be a 

‘‘positive’’ list, i.e., a list that does not 

use generic, catch-all controls on any 

part, component, accessory, attachment, 

or end item that was in any way 

specifically modified for a defense 

article, regardless of the article’s 

military or intelligence significance or 

non-military applications. At the same 

time, articles that the President 

determines to no longer warrant export 

control on the USML would become 

controlled on the CCL. Such items, 

along with certain military items that 

currently are on the CCL, will be 

identified in specific ECCNs known as 

the ‘‘600 series’’ ECCNs. In addition, 

some items currently on the CCL will 

move from existing ECCNs to the new 

600 series ECCNs. 

In practice, the greatest impact of this 

rule on small entities would likely be 

reduced administrative costs and 

reduced delay for exports of items that 

are now on the USML but would 

become subject to the EAR. As part of 

this proposal, parts and components 

that are ‘‘specially designed’’ for 

commodities proposed to be controlled 

under ECCN 1A613 and are not 

controlled under proposed USML 

Category X(d) would be included on the 

CCL. Such parts and components are 

more likely to be produced by small 

businesses, which would benefit from 

this proposed change. 

Changing the jurisdictional status of 

the items described in this notice from 

the USML to the CCL would reduce the 

burden on small entities (and other 

entities as well) through: (i) Eliminating 

some license requirements; (ii) 

increasing availability of license 

exceptions; (iii) simplifying license 

application procedures; and (iv) 

reducing or eliminating registration fees. 

These amendments are part of the 

Administration’s effort to make the 

USML the U.S. Government’s list of 

critical military and intelligence items 

that warrant the stringent worldwide 

export controls of the ITAR, while 

controlling all other military and 

intelligence items, particularly generic 

parts and components, through the CCL. 

BIS believes that the economic benefits 

for the proposed amendments include 

the significant reduction in the time 

spent determining and addressing issues 

associated with determining the 

jurisdictional status of such items now. 

In addition, parts and components 

currently controlled under the ITAR 

remain under ITAR control when 

incorporated into foreign-made items, 

regardless of the significance or 

insignificance of the item. This 

discourages foreign buyers from 

incorporating such U.S. content. The 

availability of de minimis treatment 

under the EAR, for those items that 

would no longer be controlled under the 

ITAR, may reduce the disincentive for 

foreign manufacturers to purchase U.S.- 

origin parts and components. 

Many exports and reexports of 

Category X protective equipment and 

related items that would be placed on 

the CCL, as proposed in this rule, would 

become eligible for license exceptions 

that apply to shipments to U.S. 

Government agencies, shipments valued 

at less than $1,500 (equipment, 

components, and production equipment 

only), parts and components being 

exported for use as replacement parts, 

temporary exports, and License 

Exception Strategic Trade Authorization 

(STA), reducing the number of licenses 

that exporters of these items would 

need. License Exceptions under the EAR 

would allow suppliers to send routine 

replacement parts and low level parts to 

NATO member states and other close 

allies and export control regime partners 

for use by those governments and for 

use by contractors building equipment 

for those governments or for the U.S. 

Government without having to obtain 

export licenses. Under License 

Exception STA, the exporter would 

need to furnish information about the 

item being exported to the consignee 

and obtain a statement from the 

consignee that, among other things, 

would commit the consignee to comply 

with the EAR and other applicable U.S. 

laws. Because such statements and 


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obligations can apply to an unlimited 

number of transactions and have no 

expiration date, they would create a net 

reduction in burden on transactions that 

the government routinely approves 

through the license application process 

that the License Exception STA 

statements would replace. 

Even for exports and reexports for 

which a license would be required 

under the proposed rule, the process 

would be simpler and less costly under 

the EAR. When a USML Category X 

article is moved to the CCL, the number 

of destinations for which a license is 

required would remain unchanged. 

However, the burden on the license 

applicant would decrease because the 

licensing procedure for CCL items is 

simpler and more flexible than the 

license procedure for USML articles. 

Under the ITAR licensing procedure, 

an applicant must include a purchase 

order or contract with its application. 

There is no such requirement under the 

CCL licensing procedure. This 

difference gives the CCL applicant at 

least two advantages. First, the 

applicant has a way to determine 

whether the U.S. Government will 

authorize the transaction before it enters 

into potentially lengthy, complex, and 

expensive sales presentations or 

contract negotiations. Under the ITAR 

procedure, the applicant must caveat all 

sales presentations with a reference to 

the need for government approval, and 

is more likely to engage in substantial 

effort and expense only to find that the 

government will reject the application. 

Second, a CCL license applicant need 

not limit its application to the quantity 

or value of one purchase order or 

contract. It may apply for a license to 

cover all of its expected exports or 

reexports to a specified consignee over 

the life of a license (normally two years, 

but may be longer if circumstances 

warrant a longer period), thus reducing 

the total number of licenses for which 

the applicant must apply. 

In addition, many applicants 

exporting or reexporting items that this 

rule proposes to transfer from the USML 

to the CCL would realize cost savings by 

eliminating some or all registration fees 

currently assessed under the ITAR’s 

licensing procedure. Currently, USML 

applicants must pay to use DDTC’s 

licensing procedure even if they never 

actually are authorized to export. 

Registration fees for manufacturers and 

exporters of articles on the USML start 

at $2,250 per year, increase to $2,750 for 

organizations applying for one to ten 

licenses per year and further increases 

to $2,750 plus $250 per license 

application (subject to a maximum of 

three percent of total application value) 

for those who need to apply for more 

than ten licenses per year. Conversely, 

there are no registration or application 

processing fees for applications to 

export items listed on the CCL. Once the 

Category X items that are the subject to 

this rulemaking are moved from the 

USML to the CCL, entities currently 

applying for licenses from the 

Department of State will find their 

registration fees reduced if the number 

of ITAR licenses those entities need 

declines. If an entity’s entire product 

line is moved to the CCL, its ITAR 

registration and registration fee 

requirements will be eliminated. 

De minimis treatment under the EAR 

would also become available for all 

items that this rule proposes to transfer 

from the USML to the CCL. Items 

subject to the ITAR will remain subject 

to the ITAR when they are incorporated 

abroad into a foreign-made product, 

regardless of the percentage of U.S 

content in that foreign-made product. 

However, foreign-made products 

incorporating items that this rule would 

move to the CCL would be subject to the 

EAR only if their total controlled U.S.- 

origin content exceeds 10 percent. 

Because including small amounts of 

U.S.-origin content would not subject 

foreign-made products to the EAR, 

foreign manufacturers would have less 

incentive to refrain from purchasing 

such U.S.-origin parts and components, 

a development that potentially would 

mean greater sales for U.S. suppliers, 

including small entities. 

For items currently on the CCL that 

would be moved from existing ECCNs to 

the new 600 series, license exception 

availability would be narrowed 

somewhat and the applicable de 

minimis threshold for foreign-made 

products containing those items would 

in some cases be reduced from 25 

percent to 10 percent. BIS is still 

considering comments made in 

response to the July 15 rule pertaining 

to these proposed de minimis levels 

and, as noted above, will consider de 

minimis-related comments to this 

proposed rule provided they are in the 

context of this proposed rule. However, 

BIS believes that any increased burden 

imposed by those actions will be offset 

substantially by the reduction in burden 

attributable to the moving of items from 

the USML to CCL and the compliance 

benefits associated with the 

consolidation of all WAML items 

subject to the EAR in one series of 

ECCNs. 

Conclusion 

BIS is unable to determine the precise 

number of small entities that would be 

affected by this rule. Based on the facts 

and conclusions set forth above, BIS 

believes that any burdens imposed by 

this rule would be offset by a reduction 

in the number of items that would 

require a license, increased 

opportunities for use of license 

exceptions for exports to certain 

countries, simpler export license 

applications, reduced or eliminated 

registration fees, and application of a de 

minimis threshold for foreign-made 

items incorporating U.S.-origin parts 

and components, which would reduce 

the incentive for foreign buyers to 

design out or avoid U.S.-origin content. 

For these reasons, the Chief Counsel for 

Regulation of the Department of 

Commerce certified to the Chief Counsel 

for Advocacy of the Small Business 

Administration that this rule, if adopted 

in final form, would not have a 

significant economic impact on a 

substantial number of small entities. 

Accordingly, no IRFA is required, and 

none has been prepared. 

List of Subjects 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

For the reasons stated in the 

preamble, the Export Administration 

Regulations (15 CFR parts 730–774) are 

proposed to be amended as follows: 

PART 740—[AMENDED] 

1. The authority citation for part 740 

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 12, 2011, 76 

FR 50661 (August 16, 2011). 

2. As proposed to be amended July 15, 

2011, at 76 FR 41958, and November 7, 

2011, at 76 FR 65675, § 740.2 is further 

amended by: 

a. Revising paragraph (a)(12) 

introductory text; 

b. Revising the last sentence of 

paragraph (a)(13)(i)(E); and 

c. Adding paragraph (a)(13)(i)(F). 

The revision and additions read as 

follows: 


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§ 740.2 Restrictions on all License 

Exceptions. 

(a) * * * 

(12) Items classified under the ‘‘600 

series’’ that are destined to a country 

subject to a United States arms embargo 

or a United Nations Security Council 

arms embargo (Afghanistan, Belarus, 

Burma, China, Cote d’Ivoire, Cuba, 

Cyprus, Democratic Republic of Congo, 

Eritrea, Fiji, Haiti, Iraq, Iran, Lebanon, 

Liberia, Libya, North Korea, Somalia, Sri 

Lanka, Sudan, Syria, Venezuela, 

Vietnam, Yemen, and Zimbabwe) may 

not be authorized under any license 

exception except by License Exception 

GOV under § 740.11(b)(2)(ii), License 

Exception TMP under § 740.9(a)(3)(v) 

for exports to Afghanistan and Iraq, and 

License Exception BAG under 

§ 740.14(h)(2) for exports to Afghanistan 

and Iraq. 

* * * * * 

(13) * * * 

(i) * * * 

(E) * * * Except for MT-controlled 

items, exports and reexports to nongovernmental end users in a country 

listed in § 740.20(c)(1) are authorized 

through License Exception STA under 

§ 740.20(c)(1) so long as the item at 

issue at the time of export, reexport, or 

transfer (in-country) is ultimately 

destined for end use by the armed 

forces, police, paramilitary, law 

enforcement, customs, correctional, fire, 

and search and rescue agencies of a 

government of one of the § 740.20(c)(1) 

countries or by the United States 

Government, or is for the 

‘‘development’’ or ‘‘production’’ of an 

item for use by one of those agencies of 

those governments or a person in the 

United States; or 

(F) License Exception BAG (§ 740.14). 

* * * * * 

3. Amend section 740.9 by adding 

paragraphs (a)(3)(i)(B)(5) through (7) and 

(a)(3)(v) to read as follows: 

§ 740.9 Temporary imports, exports, and 

reexports (TMP). 

* * * * * 

(a) * * * 

(3) * * * 

(i) * * * 

(B) * * * 

(5) Body armor classified under ECCN 

1A005 exported or reexported in 

accordance with paragraph (a)(2)(i) of 

this section; 

(6) Body armor classified under ECCN 

1A613.d exported in accordance with 

paragraph (a)(3)(v)(A) of this section, so 

long as the final destination is not a 

country listed in § 740.2(a)(12); and 

(7) Body armor classified under ECCN 

1A613.d exported to Iraq in accordance 

with paragraph (a)(3)(v)(B) of this 

section. 

* * * * * 

(v) Restrictions specific to the export 

of body armor classified under ECCN 

1A613.d. (A) Exports to countries not 

identified in § 740.2(a)(12). U.S. persons 

may temporarily export one set of body 

armor classified under ECCN 1A613.d to 

countries not identified in 

§ 740.2(a)(12), provided that: 

(1) A declaration by the U.S. person 

and an inspection by a customs officer 

are made; 

(2) The body armor is with the U.S. 

person’s baggage or effects, whether 

accompanied or unaccompanied (but 

not mailed); and 

(3) The body armor is for that person’s 

exclusive use and not for reexport or 

other transfer of ownership. 

(B) Exports to Afghanistan or Iraq. 

U.S. persons may temporarily export 

one set of body armor classified under 

ECCN 1A613.d to Afghanistan or Iraq, 

provided that: 

(1) A declaration by the U.S. person 

and an inspection by a customs officer 

are made; 

(2) The body armor is with the U.S. 

person’s baggage or effects, whether 

accompanied or unaccompanied (but 

not mailed); 

(3) The body armor is for that person’s 

exclusive use and not for reexport or 

other transfer of ownership; and 

(4) For temporary exports to Iraq, the 

U.S. person utilizing the license 

exception is either a person affiliated 

with the U.S. Government traveling on 

official business or is a person not 

affiliated with the U.S. Government but 

traveling to Iraq under a direct 

authorization by the Government of Iraq 

and engaging in humanitarian activities 

for, on behalf of, or at the request of the 

Government of Iraq. 

* * * * * 

4. Amend section 740.14 by adding 

paragraph (h) to read as follows: 

§ 740.14 Baggage (BAG). 

* * * * * 

(h) Special provisions: body armor 

controlled under ECCN 1A613.d. (1) 

Exports to countries not identified in 

§ 740.2(a)(12). U.S. persons may 

temporarily export one set of body 

armor classified under ECCN 1A613.d to 

countries not identified in § 740.2(a)(12) 

provided that: 

(i) A declaration by the U.S. person 

and an inspection by a customs officer 

are made; 

(ii) The body armor is with the U.S. 

person’s baggage or effects, whether 

accompanied or unaccompanied (but 

not mailed); and 

(iii) The body armor is for that 

person’s exclusive use and not for 

reexport or other transfer of ownership. 

(2) Exports to Afghanistan or Iraq. 

U.S. persons may temporarily export 

one set of body armor classified under 

ECCN 1A613.d to Afghanistan or Iraq 

provided that: 

(i) A declaration by the U.S. person 

and an inspection by a customs officer 

are made; 

(ii) The body armor is with the U.S. 

person’s baggage or effects, whether 

accompanied or unaccompanied (but 

not mailed); 

(iii) The body armor is for that 

person’s exclusive use and not for 

reexport or other transfer of ownership; 

and 

(iv) For temporary exports to Iraq 

only, the U.S. person utilizing this 

license exception is either a person 

employed by or under contract to the 

U.S. Government traveling on official 

business or is a person not employed by 

or under contract to the U.S. 

Government but traveling to Iraq under 

a direct authorization by the 

Government of Iraq and engaging in 

humanitarian activities for, on behalf of, 

or at the request of the Government of 

Iraq. 

Note to paragraph (h): Body armor 

controlled under ECCN 1A005 is eligible for 

this License Exception under paragraph (b) of 

this section. 

PART 742—[AMENDED] 

5. The authority citation for 15 CFR 

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 12, 2011, 76 FR 

50661 (August 16, 2011); Notice of November 

9, 2011, 76 FR 70319 (November 10, 2011). 

6. Amend section 742.6 by revising 

paragraph (a)(1) to read as follows: 

§ 742.6 Regional stability. 

(a) * * * 

(1) RS Column 1 License 

Requirements in General. As indicated 

in the CCL and in RS column 1 of the 

Commerce Country Chart (see 

Supplement No. 1 to part 738 of the 

EAR), a license is required to all 

destinations, except Canada, for items 

described on the CCL under ECCNs 

0A606 (except 0A606.b and .y); 0A614 


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(except 0A614.y); 0A617 (except 

0A617.y); 0B606 (except 0B606.y); 

0B614 (except 0B614.y); 0B617 (except 

0B617.y); 0C606 (except 0C606.y); 

0C617 (except 0C617.y); 0D606 (except 

0D606.y); 0D614 (except 0D614.y); 

0D617 (except 0D617.y); 0E606 (except 

0E606.y); 0E614 (except 0E614.y); 0E617 

(except 0E617.y); 1A613 (except 

1A613.y); 1B608 (except 1B608.y); 

1B613 (except 1B613.y); 1C608; 1D608 

(except 1D608.y); 1D613 (except 

1D613.y); 1E608 (except 1E608.y); 

1E613 (except 1E613.y); 3A982; 3D982; 

3E982; 6A002.a.1, a.2, a.3, .c, or .e; 

6A003.b.3, and b.4.a; 6A008.j.1; 

6A998.b; 6D001 (only ‘‘software’’ for the 

‘‘development’’ or ‘‘production’’ of 

items in 6A002.a.1, a.2, a.3, .c; 

6A003.b.3 and .b.4; or 6A008.j.1); 6D002 

(only ‘‘software’’ for the ‘‘use’’ of items 

in 6A002.a.1, a.2, a.3, .c; 6A003.b.3 and 

.b.4; or 6A008.j.1); 6D003.c; 6D991 (only 

‘‘software’’ for the ‘‘development,’’ 

‘‘production,’’ or ‘‘use’’ of equipment 

classified under 6A002.e or 6A998.b); 

6E001 (only ‘‘technology’’ for 

‘‘development’’ of items in 6A002.a.1, 

a.2, a.3 (except 6A002.a.3.d.2.a and 

6A002.a.3.e for lead selenide focal plane 

arrays), and .c or .e, 6A003.b.3 and b.4, 

or 6A008.j.1); 6E002 (only ‘‘technology’’ 

for ‘‘production’’ of items in 6A002.a.1, 

a.2, a.3, .c, or .e, 6A003.b.3 or b.4, or 

6A008.j.1); 6E991 (only ‘‘technology’’ 

for the ‘‘development,’’ ‘‘production,’’ or 

‘‘use’’ of equipment classified under 

6A998.b); 6D994; 7A994 (only QRS11– 

00100–100/101 and QRS11–0050–443/ 

569 Micromachined Angular Rate 

Sensors); 7D001 (only ‘‘software’’ for 

‘‘development’’ or ‘‘production’’ of 

items in 7A001, 7A002, or 7A003); 

7E001 (only ‘‘technology’’ for the 

‘‘development’’ of inertial navigation 

systems, inertial equipment, and 

specially designed components therefor 

for civil aircraft); 7E002 (only 

‘‘technology’’ for the ‘‘production’’ of 

inertial navigation systems, inertial 

equipment, and specially designed 

components therefor for civil aircraft); 

7E101 (only ‘‘technology’’ for the ‘‘use’’ 

of inertial navigation systems, inertial 

equipment, and specially designed 

components for civil aircraft); 8A609 

(except 8A609.y); 8A620 (except 

8A620.y); 8B609 (except 8B609.y); 

8B620 (except 8B620.y); 8C609 (except 

8C609.y); 8D609 (except software for the 

‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of 

commodities controlled by 8A609.y, 

8B609.y, or 8C609.y); 8D620 (except 

software for the ‘‘development,’’ 

‘‘production,’’ operation, or 

maintenance of commodities controlled 

by 8A620.y or 8B620.y); 8E609 (except 

‘‘technology’’ for the ‘‘development,’’ 

‘‘production,’’ operation, installation, 

maintenance, repair, overhaul, or 

refurbishment of commodities 

controlled by 8A609.y, 8B609.y, or 

8C609.y); 8E620 (except ‘‘technology’’ 

for the ‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishment of 

commodities controlled by 8A620.y or 

8B620.y); 9A610 (except 9A610.y); 

9A619 (except 9A619.y); 9B610 (except 

9B610.y); 9B619 (except 9B619.y); 

9C610 (except 9C610.y); 9C619 (except 

9C619.y); 9D610 (except software for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, or overhaul of commodities 

controlled by 9A610.y, 9B610.y, or 

9C610.y); 9D619 (except software for the 

‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of 

commodities controlled by 9A619.y, 

9B619.y, or 9C619.y); 9E610 (except 

‘‘technology’’ for the ‘‘development,’’ 

‘‘production,’’ operation, installation, 

maintenance, repair, overhaul, or 

refurbishment of commodities 

controlled by ECCN 9A610.y, 9B610.y, 

or 9C610.y); and 9E619 (except 

‘‘technology’’ for the ‘‘development,’’ 

‘‘production’’ operation, installation, 

maintenance, repair, overhaul, or 

refurbishment of commodities 

controlled by ECCN 9A619.y, 9B619.y, 

or 9C619.y). 

* * * * * 

PART 774—[AMENDED] 

7. 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 12, 2011, 76 

FR 50661 (August 16, 2011). 

8. In Supplement No. 1 to part 774, 

Category 0, amend Export Control 

Classification Number 0A018 by: 

a. Revising the ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section to read below; 

b. Removing and reserving ‘‘Items’’ 

paragraph (d) in the List of Items 

Controlled section; and 

c. Removing the ‘‘Note’’ to ‘‘Items’’ 

paragraph (d) in the List of Items 

Controlled section. 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0A018 Items on the Wassenaar 

Munitions List. 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: (1) See also 0A979, 

0A988, and 22 CFR 121.1 Categories 

I(a), III(b–d), and X(a). (2) See 0A617.a 

for items formerly controlled by ECCN 

0A018.a. (3) See 1A613.c for military 

helmets providing less than NIJ Type IV 

protection and 1A613.y.1 for 

conventional military steel helmets that, 

immediately prior to [Insert effective 

date of final rule], were classified under 

0A018.d and 0A988. (4) See 22 CFR 

121.1 Category X(a)(5) and (a)(6) for 

controls on other military helmets. 

* * * * * 

9. In Supplement No. 1 to part 774, 

Category 0, amend Export Control 

Classification Number 0A988 by 

revising to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0A988 Conventional military steel 

helmets as described by 0A018.d.1.; and 

machetes. 

No items currently are in this ECCN. 

See ECCN 1A613.y.1 for conventional 

steel helmets that, immediately prior to 

[Insert effective date of final rule], were 

classified under 0A988. Machetes, 

which were classified under ECCN 

0A988 prior to [Insert effective date of 

final rule], are designated as EAR99 

items. 

10. In Supplement No. 1 to part 774, 

Category 1, amend Export Control 

Classification Number 1A005 by: 

a. Revising the Related Controls 

paragraph; and 

b. Revising paragraphs a. and b. in the 

Items paragraph of the List of Items 

Controlled section, to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1A005 Body armor and components 

therefor, as follows (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: (1) Bulletproof and 

bullet resistant vests (body armor) 

providing NIJ Type IV protection or 

greater are subject to the ITAR (see 22 

CFR 121.1 Category X(a)). (2) Soft body 

armor and protective garments 

manufactured to military standards or 

specifications that provide protection 


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equal to NIJ level III or less are classified 

under ECCN 1A613.d.1. (3) Hard armor 

plates providing NIJ level III ballistic 

protection are classified under ECCN 

1A613.d.2. (4) Police helmets and 

shields are classified under ECCN 

0A979. (5) Other personal protective 

‘‘equipment’’ ‘‘specially designed’’ for 

military applications not controlled by 

the USML or elsewhere in the CCL are 

classified under ECCN 1A613.e. (6) For 

‘‘fibrous or filamentary materials’’ used 

in the manufacture of body armor, see 

ECCN 1C010. (7) See § 746.8(b)(1) for 

additional licensing requirements 

concerning this entry. 

* * * * * 

Items: 

a. Soft body armor not manufactured 

to military standards or specifications 

that provide ballistic protection equal to 

or less than NIJ level III (NIJ 0101.06, 

July 2008). 

b. Hard body armor plates that 

provide ballistic protection less than NIJ 

level III (NIJ 0101.06, July 2008). 

* * * * * 

11. In Supplement No. 1 to part 774, 

Category 1, add a new Export Control 

Classification Number 1A613 between 

ECCNs 1A290 and 1A984 to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1A613 Armored and protective 

‘‘equipment’’ and related commodities, 

as follows: 

License Requirements 

Reason for Control: NS, RS, AT 

Control(s) Country chart 

NS applies to entire entry 

except 1A613.y.

NS Column 1. 

RS applies to entire entry 

except 1A613.y.

RS Column 1. 

AT applies to entire entry .. AT Column 1. 

License Exceptions 

LVS: $1500. 

GBS: N/A. 

CIV: N/A. 

STA: Paragraph (c)(1) of License 

Exception STA (§ 740.20(c)(1)) may be 

used for items in 1A613 without the 

need for a determination described in 

§ 740.20(g). Paragraph (c)(2) of License 

Exception STA (§ 740.20(c)(2)) of the 

EAR may not be used for any item in 

1A613. 

List of Items Controlled 

Unit: End items in number; parts, 

component, accessories and attachments 

in $ value 

Related Controls: (1) Defense articles, 

such as materials made from classified 

information, that are controlled by 

USML Category X or XIII of the ITAR, 

and technical data (including software) 

directly related thereto, are subject to 

the ITAR. (2) See ECCN 0A919 for 

foreign-made ‘‘military commodities’’ 

that incorporate more than 10% U.S.- 

origin ‘‘600 series’’ items. 

Related Definitions: References to 

‘‘NIJ Type’’ protection are to the 

National Institute of Justice 

Classification guide at NIJ Standard0101.06, Ballistic Resistance of Body 

Armor, and NIJ Standard 0108.01, 

Ballistic Resistant Protective Materials. 

Items: 

a. Armored plate ‘‘specially designed’’ 

for military use and not controlled by 

the USML. 

Note: For controls on body armor plates, 

see ECCN 1A613.d.2 and USML Category 

X(a)(1). 

b. Shelters ‘‘specially designed’’ to: 

b.1. Provide ballistic protection for 

military systems, or 

b.2. Protect against nuclear, 

biological, or chemical contamination. 

c. Military helmets and helmet shells 

providing less than NIJ Type IV 

protection. 

Note 1: See ECCN 0A979 for controls on 

police helmets and ECCN 1A613.y.1 for 

military steel helmets. 

Note 2: See USML Category X(a)(5) and 

(a)(6) for controls on other military helmets. 

d. Body armor and protective 

garments, as follows: 

d.1. Soft body armor and protective 

garments manufactured to military 

standards or specifications that provide 

ballistic protection equal to or less than 

NIJ level III (NIJ 0101.06, July 2008); or 

d.2. Hard body armor plates that 

provide ballistic protection equal to NIJ 

level III (NIJ 0101.06, July 2008). 

Note: See ECCN 1A005 for controls on soft 

body armor and protective garments not 

manufactured to military standards or 

specifications and hard body armor plates 

providing less than NIJ level III protection. 

For body armor providing NIJ Type IV 

protection or greater, see USML Category 

X(a)(1). 

e. Other personal protective 

‘‘equipment’’ ‘‘specially designed’’ for 

military applications not controlled by 

the USML or elsewhere in the CCL. 

f. to w. [RESERVED] 

x. ‘‘Parts,’’ ‘‘components,’’ 

‘‘accessories and attachments’’ that are 

‘‘specially designed’’ for a commodity 

controlled by ECCN 1A613 and not 

controlled elsewhere in the USML or 

CCL. 

Note: Forgings, castings, and other 

unfinished products, such as extrusions and 

machined bodies, that have reached a stage 

in manufacturing where they are clearly 

identifiable by material composition, 

geometry, or function as commodities 

controlled by ECCN 1A613.x are controlled 

by ECCN 1A613.x. 

y. Specific ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories and attachments’’ 

‘‘specially designed’’ for a commodity 

subject to control in this ECCN and not 

elsewhere specified in the CCL, as 

follows: 

y.1 Conventional military steel 

helmets. 

y.2 to y.98 [RESERVED] 

y.99. Commodities not identified on 

the CCL that (i) have been determined, 

in an applicable commodity jurisdiction 

determination issued by the U.S. 

Department of State, to be subject to the 

EAR and (ii) would otherwise be 

controlled elsewhere in ECCN 1A613. 

12. In Supplement No. 1 to part 774, 

Category 1, add a new Export Control 

Classification Number 1B613 between 

ECCN 1B233 and 1B999 to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1B613 Test, inspection, and 

‘‘production’’ ‘‘equipment’’ and related 

commodities ‘‘specially designed’’ for 

the ‘‘development’’ or ‘‘production’’ of 

commodities controlled by ECCN 1A613 

or USML Category X. 

License Requirements 

Reason for Control: NS, RS, AT 

Control(s) Country chart 

NS applies to entire entry 

except 1B613.y.

NS Column 1. 

RS applies to entire entry 

except 1B613.y.

RS Column 1. 

AT applies to entire entry .. AT Column 1. 

License Exceptions 

LVS: $1500. 

GBS: N/A. 

CIV: N/A. 

STA: Paragraph (c)(1) of License 

Exception STA (§ 740.20(c)(1)) may be 

used for items in 1B613 without the 

need for a determination described in 

§ 740.20(g). Paragraph (c)(2) of License 

Exception STA (§ 740.20(c)(2)) of the 

EAR may not be used for any item in 

1B613. 

List of Items Controlled 

Unit: N/A. 

Related Controls: 

Related Definitions: N/A. 

Items: 

a. Test, inspection, and ‘‘production’’ 

‘‘equipment,’’ not controlled by USML 


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Category X(c), that is ‘‘specially 

designed’’ for the ‘‘production’’ or 

‘‘development’’ of commodities 

controlled by ECCN 1A613 or USML 

Category X. 

b. Plasma pressure compaction (P2C) 

equipment ‘‘specially designed’’ for the 

production of ceramic or composite 

body armor plates controlled by ECCN 

1A613 or USML Category X. 

c. to x. [RESERVED] 

y. Specific test, inspection, and 

‘‘production’’ ‘‘equipment’’ ‘‘specially 

designed’’ for the ‘‘production’’ or 

‘‘development’’ of commodities 

controlled by ECCN 1A613 or USML 

Category X, as follows: 

y.1 to y.98 [RESERVED] 

y.99 Commodities not identified on 

the CCL that (i) have been determined, 

in an applicable commodity jurisdiction 

determination issued by the U.S. 

Department of State, to be subject to the 

EAR and (ii) would otherwise be 

controlled elsewhere in ECCN 1B613. 

13. In Supplement No. 1 to part 774, 

Category 1, add a new Export Control 

Classification Number 1D613 between 

ECCN 1D390 and 1D993 to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1D613 ‘‘Software’’ ‘‘specially 

designed’’ for the ‘‘development,’’ 

‘‘production,’’ operation, installation, 

maintenance, repair, overhaul or 

refurbishing of commodities controlled 

by 1A613 or 1B613, as follows (see list 

of items controlled). 

License Requirements 

Reason for Control: NS, RS, AT 

Control(s) Country chart 

NS applies to entire entry 

except 1D613.y.

NS Column 1. 

RS applies to entire entry 

except 1D613.y.

RS Column 1. 

AT applies to entire entry .. AT Column 1. 

License Exceptions 

CIV: N/A. 

TSR: N/A. 

STA: Paragraph (c)(2) of License 

Exception STA (§ 740.20(c)(2)) of the 

EAR may not be used for any ‘‘software’’ 

in 1D613. 

List of Items Controlled 

Unit: $ value. 

Related Controls: ‘‘Software’’ directly 

related to articles controlled by USML 

Category X is subject to the control of 

USML paragraph X(e) of the ITAR. See 

ECCN 0A919 for foreign made ‘‘military 

commodities’’ that incorporate more 

than 10% U.S.-origin ‘‘600 series’’ 

items. 

Related Definitions: N/A. 

Items: 

a. ‘‘Software’’ (other than ‘‘software’’ 

controlled in paragraph .y of this entry) 

‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation or maintenance of 

commodities controlled by ECCNs 

1A613 (except 1A613.y) or 1B613 

(except 1B613.y). 

b. to x. [RESERVED] 

y. Specific ‘‘software’’ ‘‘specially 

designed’’ for the ‘‘production,’’ 

‘‘development,’’ or operation or 

maintenance of commodities controlled 

by ECCNs 1A613 or 1B613, as follows: 

y.1. Specific ‘‘software’’ ‘‘specially 

designed’’ for the ‘‘production,’’ 

‘‘development,’’ operation or 

maintenance of commodities controlled 

by ECCNs 1A613.y or 1B613.y. 

y.2 through y.98 [RESERVED] 

y.99 ‘‘Software’’ not identified on the 

CCL that (i) has been determined to be 

subject to the EAR in a commodity 

jurisdiction determination issued by the 

U.S. Department of State and (ii) would 

otherwise be controlled elsewhere in 

ECCN 1D613. 

14. In Supplement No. 1 to part 774, 

Category 1, add a new Export Control 

Classification Number 1E613 between 

ECCN 1E355 and 1E994 to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1E613 ‘‘Technology’’ ‘‘required’’ for 

the ‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul or refurbishing of 

commodities controlled by 1A613 or 

1B613 or ‘‘software’’ controlled by 

1D613, as follows (see list of items 

controlled). 

License Requirements 

Reason for Control: NS, RS, AT 

Control(s) Country chart 

NS applies to entire entry 

except 1E613.y.

NS Column 1. 

RS applies to entire entry 

except 1E613.y.

RS Column 1. 

AT applies to entire entry .. AT Column 1. 

License Exceptions 

CIV: N/A. 

TSR: N/A. 

STA: Paragraph (c)(2) of License 

Exception STA (§ 740.20(c)(2)) of the 

EAR may not be used for any 

‘‘technology’’ in 1E613. 

List of Items Controlled 

Unit: $ value. 

Related Controls: Technical data 

directly related to articles controlled by 

USML Category X is subject to the 

control of USML paragraph X(e) of the 

ITAR. See ECCN 0A919 for foreign 

made ‘‘military commodities’’ that 

incorporate more than 10% U.S.-origin 

‘‘600 series’’ items. 

Related Definitions: N/A 

Items: 

a. ‘‘Technology’’ (other than 

‘‘technology’’ controlled by paragraph .y 

of this entry) ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishing of 

commodities or ‘‘software’’ controlled 

by ECCNs 1A613 (except 1A613.y), 

1B613 (except 1B613.y), or 1D613 

(except 1D613.y). 

b. through x. [RESERVED] 

y. Specific ‘‘technology’’ ‘‘required’’ 

for the ‘‘production,’’ ‘‘development,’’ 

operation, installation, maintenance, 

repair, or overhaul of commodities or 

software controlled by ECCNs 1A613, 

1B613, or 1D613, as follows: 

y.1. Specific ‘‘technology’’ ‘‘required’’ 

for the ‘‘production,’’ ‘‘development,’’ 

operation, installation, maintenance, 

repair or overhaul of commodities or 

software controlled by ECCNs 1A613.y, 

1B613.y, or 1D613.y. 

y.2. through y.98 [RESERVED] 

y.99. ‘‘Technology’’ that would 

otherwise be controlled elsewhere in 

this entry but that (i) has been 

determined to be subject to the EAR in 

a commodity jurisdiction determination 

issued by the U.S. Department of State 

and (ii) is not otherwise identified 

elsewhere on the CCL. 

Dated: May 30, 2012. 

Kevin J. Wolf, 

Assistant Secretary of Commerce for Export 

Administration. 

[FR Doc. 2012–13745 Filed 6–6–12; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF STATE 

22 CFR Part 121 

[Public Notice 7915] 

RIN 1400–AD16 

Amendment to the International Traffic 

in Arms Regulations: Revision of U.S. 

Munitions List Category X 

AGENCY: Department of State. 

ACTION: Proposed rule. 

SUMMARY: As part of the President’s 

Export Control Reform effort, the 

Department of State proposes to amend 

the International Traffic in Arms 

Regulations (ITAR) to revise Category X 


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