Vol. 79 Thursday, 

No. 108 June 5, 2014 

Part II 

Department of Commerce 

Bureau of Industry and Security 

15 CFR Parts 736, 738, 740, 742, et al. 

Corrections and Clarifications to the Export Administration Regulations; 

Conforming Changes to the EAR Based on Amendments to the 

International Traffic in Arms Regulations; Final Rule 


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32612 Federal Register / Vol. 79, No. 108 / Thursday, June 5, 2014 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 736, 738, 740, 742, 744, 

746, 748, 750, 758, 762, 772 and 774 

[Docket No. 140221165–4165–01] 

RIN 0694–AG11 

Corrections and Clarifications to the 

Export Administration Regulations; 

Conforming Changes to the EAR 

Based on Amendments to the 

International Traffic in Arms 

Regulations 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule makes 

corrections and clarifications to the 

Export Administration Regulations 

(EAR) for six final rules published in 

2013 and early 2014. This final rule also 

makes other needed technical 

corrections and clarifications to the EAR 

identified by BIS. In addition, this final 

rule makes two conforming changes to 

the EAR as a result of a final rule 

published by the Department of State on 

April 17, 2014. 

DATES: Effective Date: This rule is 

effective June 5, 2014, except that 

amendatory instructions 44, 45, 47, 50, 

51, 52, 53.a, 54, 55, 56.a, 58, 63, 65, 70, 

71, and 72.a to Supplement No. 1 to part 

774 are effective July 1, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Mooney, Regulatory Policy 

Division, Bureau of Industry and 

Security, Department of Commerce, 

Phone: (202) 482–2440, Fax: (202) 482– 

3355, Email: rpd2@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

This final rule makes corrections and 

clarifications to the Export 

Administration Regulations (EAR) for 

six final rules published in 2013 and 

early 2014. These corrections and 

clarifications to the EAR are necessary 

in light of earlier amendments to the 

EAR that are already in effect, as well 

as for a final rule published on January 

2, 2014, that becomes effective July 1, 

2014. The Bureau of Industry and 

Security (BIS) is correcting all six rules 

in this single final rule to minimize the 

number of correction rules for the 

public to review and because they are 

similar types of corrections and 

clarifications. The six final rules that are 

being corrected in this rule are: Export 

Administration Regulations: Editorial 

Clean-Up of References to Foreign Trade 

Regulations published on January 29, 

2014 (79 FR 4613) (referred to hereafter 

as the January 29 rule); Control of 

Military Training Equipment, Energetic 

Materials, Personal Protective 

Equipment, Shelters, Articles Related to 

Launch Vehicles, Missiles, Rockets, 

Military Explosives, and Related Items 

published on January 2, 2014 (79 FR 

264) (referred to hereafter as the January 

2 rule); Revisions to the Export 

Administration Regulations (EAR): 

Unverified List (UVL) published on 

December 19, 2013 (78 FR 76741) 

(referred to hereafter as the December 19 

rule); Revisions to the Export 

Administration Regulations (EAR) To 

Make the Commerce Control List (CCL) 

Clearer published on October 4, 2013 

(78 FR 61874) (referred to hereafter as 

the October 4 rule); Revisions to the 

Export Administration Regulations: 

Military Vehicles; Vessels of War; 

Submersible Vessels, Oceanographic 

Equipment; Related Items; and 

Auxiliary and Miscellaneous Items That 

the President Determines No Longer 

Warrant Control Under the United 

States Munitions List published on July 

8, 2013 (78 FR 40892) (referred to 

hereafter as the July 8 rule); and 

Revisions to the Export Administration 

Regulations: Initial Implementation of 

Export Control Reform published on 

April 16, 2013 (78 FR 22660) (referred 

to hereafter as the April 16 rule). This 

final rule also makes other needed 

technical corrections and clarifications 

to the EAR that BIS has identified. 

The background section of this final 

rule describes these corrections and 

clarifications in the following order: (A) 

January 29 rule corrections and 

clarifications, (B) January 2 rule 

corrections and clarifications, (C) 

December 19 rule corrections and 

clarifications, (D) October 4 rule 

corrections and clarifications, (E) July 8 

rule corrections and clarifications, (F) 

April 16 rule corrections and 

clarifications, and (G) other corrections 

and clarifications to the EAR. 

(A) January 29 Rule Corrections and 

ClarificationS 

BIS provides the following corrections 

to the January 29 rule, which became 

effective upon publication. The 

corrections included in this final rule 

for the January 29 rule become effective 

on the date of publication of this final 

rule. 

In Supplement No. 2 to part 736— 

Administrative Orders, Administrative 

Order Two, under paragraph (a)(3), the 

January 29 rule used the term 

‘‘Administration Order,’’ but the rule 

intended to use the term 

‘‘Administrative Order.’’ This final rule 

removes the term ‘‘Administration 

Order’’ and adds in its place the correct 

term ‘‘Administrative Order.’’ 

In § 740.15(c)(2)(iv), the January 29 

rule revised this paragraph to use the 

phrase ‘‘filed to the Automated Export 

System (AES),’’ but the January 29 rule 

also added in the same sentence the 

phrase ‘‘record is filed’’ in that same 

paragraph after ‘‘(AES)’’. This final rule 

deletes the redundant phrase ‘‘record is 

filed’’ after ‘‘(AES)’’ because the phrase 

‘‘filed to’’ is also used in the same 

paragraph when referring to AES. 

In § 758.1(b)(3), this rule reinserts text 

that was inadvertently removed in the 

January 29 rule. The reinserted text 

originally was added to paragraph (b)(3) 

in Revisions to the Export 

Administration Regulations (EAR): 

Initial Implementation of Export Control 

Reform; Correction published on 

October 3, 2013 (78 FR 61744). This 

final rule reinserts the phrase ‘‘or 

otherwise described’’ after the term 

‘‘enumerated’’ in paragraph (b)(3). 

(B) January 2 Rule Corrections and 

Clarifications 

BIS provides the following corrections 

and clarifications to the January 2 rule, 

which becomes effective on July 1, 

2014. These include correcting 

typographical errors and inserting 

omitted quotation marks and other text 

for consistency with other provisions of 

the Commerce Control List (CCL) set 

forth in Supplement No. 1 to part 774 

of the EAR. All of the corrections and 

clarifications in this Section B are to 

Export Control Classification Numbers 

(ECCNs). 

Typographical Errors and Other 

Corrections for January 2 Rule 

ECCNs 0A604, 0A614, 0A988, 0B604, 

0B614, 1C239, and 1C608. This final 

rule corrects the capitalization in the 

headings of these seven ECCNs, so only 

the first term of the heading is 

capitalized. This final rule makes this 

change for consistency with the format 

used in other ECCN headings on the 

CCL. 

ECCNs 0B604, 0B614, 0D001, 0D604, 

0D614, 0E001, 0E604, 0E614, 1A613, 

1B608, 1B613, 1C018, 1C608, 1D018, 

1D608, 1D613, 1E001, 1E101, 1E201, 

1E608, 9A604, 9B115, 9B116, 9B604, 

9D001, 9D002, 9D003, 9D104, 9D604, 

9E001, 9E101, 9E102, and 9E604. This 

final rule corrects a typographical error 

in the headings of these ECCNs by 

adding a period at the end of each of 

these headings. This final rule makes 

this change for consistency with the 

format used in other ECCN headings on 

the CCL. 

ECCN 0E614. This final rule corrects 

a typographical error in ECCN 0E614 by 


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adding a comma between the terms 

‘‘repair’’ and ‘‘overhaul’’ in paragraph .a 

under the ‘‘Items’’ heading in the List of 

Items Controlled section. 

ECCNs 0D001, 1A007, 1D018, and 

1E001. This final rule adds quotation 

marks to the term ‘‘specially designed’’ 

in these ECCNs for consistency with the 

use of quotation marks for this defined 

term when used on the CCL. 

ECCNs 0A604, 0A614, 1A005, 1A613, 

1B608, 1C239, 9A604, 9D001, 9D002, 

9D003, 9D104, 9E001, 9E002, 9E101, 

and 9E102. This final rule adds 

quotation marks to the term ‘‘subject to 

the ITAR’’ where not already present in 

these ECCNs for consistency with the 

use of quotation marks for this defined 

term when used on the CCL. 

Conforming Changes and Clarifications 

for January 2 Rule 

In addition, BIS makes changes to the 

CCL to conform to text adopted in the 

October 4 rule. These changes are not 

substantive, but rather address needed 

conforming changes for consistency of 

the CCL and the changes included in the 

October 4 rule. 

ECCNs 0D604, 0E604, 1A613, 1D608, 

1E608, 9D604, and 9E604. This final 

rule corrects the heading of these ECCNs 

to add the phrase ‘‘(see List of Items 

Controlled).’’ This correction is needed 

because each of these ECCNs includes a 

description of ‘‘items’’ that are classified 

under the ‘‘Items’’ paragraph in the List 

of Items Controlled section. Therefore, 

these ECCN headings should include 

the phrase ‘‘(see List of Items 

Controlled)’’ at the end of each of these 

headings. 

ECCN 1A613. This final rule revises 

the ‘‘items’’ paragraph in the List of 

Items Controlled section to add in 

paragraph (e) a specific description of a 

type of personal protective ‘‘equipment’’ 

‘‘specially designed’’ for military 

applications that are controlled under 

this ECCN, namely atmospheric diving 

suits ‘‘specially designed’’ for rescue 

operations for submarines controlled by 

the USML or the CCL. The general 

control on protective personnel 

equipment that was in paragraph (e) has 

been moved to paragraph (f). These 

changes do not result in new controls 

because such diving suits were within 

the scope of the general control on 

protective personnel equipment (that is 

not in paragraph (f)). BIS is making this 

clarifying change in response to 

questions from the public regarding 

where such diving suits were 

controlled. 

BIS further intends for this 

clarification to help resolve any 

misunderstanding that may have 

resulted from an erroneous statement 

published in the Federal Register on 

June 7, 2012 in the preamble to a 

proposed rule. (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), 77 FR 

33688, 33689). That proposed rule 

included the phrase, ‘‘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’’ (referring to Revisions to 

the Export Administration Regulations 

(EAR): Control of Aircraft and Related 

Items the President Determines No 

Longer Warrant Control Under the 

United States Munitions List (USML) (76 

FR 68675, Nov. 7, 2011)). BIS’s June 7 

statement was correct with respect to 

USML Category X(a)(3) and (a)(4), but 

erroneous with respect to USML 

Category X(a)(5), because articles 

controlled under USML Category X(a)(5) 

were not proposed to move to ECCN 

9A610 in the November 7 rule. 

BIS has also received questions 

regarding how anti-gravity suits (‘‘Gsuits’’) and pressure suits capable of 

operating at altitudes higher than 55,000 

feet above sea level are classified on the 

CCL. Because these suits are already 

classified under ECCN 9A610 under 

‘‘items’’ paragraphs (g), which relates to 

suits used in aircraft, they are not 

classified under ECCN 1A613 and no 

further changes to the CCL are 

necessary. To make this clearer to the 

public, this final rule also adds a new 

‘‘Related Controls’’ paragraph (3) to 

ECCN 1A613 to alert persons reviewing 

ECCN 1A613 to also see ECCN 9A610.g 

for anti-gravity suits (‘‘G-suits’’) and 

pressure suits capable of operating at 

altitudes higher than 55,000 feet above 

sea level. 

(C) December 19 Rule Corrections and 

Clarifications 

BIS provides the following correction 

to the December 19 rule, which became 

effective on January 21, 2014. 

In § 762.2 (Records to be retained), the 

December 19 rule revised paragraph 

(b)(13) to reference § 744.15(b). In 

revising this paragraph, BIS 

inadvertently overwrote text in (b)(13) 

that was added in the April 16 rule that 

BIS did not intend to remove. This final 

rule corrects this error by making three 

changes to § 762.2. Specifically, this 

final rule: (1) Reinserts the April 16 rule 

text into paragraph (b)(13); (2) adds a 

new paragraph (b)(52) for the 

recordkeeping text that was intended to 

be added to (b)(52) in the December 19 

rule, as well as making punctuation 

changes needed because of the addition 

of (b)(52); and (3) adds new paragraph 

(b)(53) described below in Section F 

(Other corrections and clarifications to 

the EAR). 

(D) October 4 Rule Corrections and 

Clarifications 

BIS provides the following corrections 

and clarifications to the October 4 rule, 

which became effective in part on 

October 15, 2013, and in part on January 

6, 2014. These include correcting 

typographical errors, inserting omitted 

quotation marks, and redesignating 

certain paragraphs to make those 

paragraphs easier to identify. In 

addition, this final rule makes 

corrections and clarifications to the CCL 

and other parts of the EAR to conform 

to the practices established in the 

October 4 rule, as well as for 

consistency with other final rules. 

Typographical Errors and Other 

Corrections for October 4 Rule 

ECCNs 1A004, 1A101, 1C111, 2B350, 

3E982, 5A002, 6A998, 7D101, 8E001, 

and 9A990. This final rule corrects 

typographical errors in these ECCNs, 

such as adding an ‘‘s’’ at the end of the 

term ‘‘chemical warfare agent’’ in ECCN 

1A004 and removing the word ‘‘which’’ 

in ‘‘Related Controls’’ paragraph (2) of 

ECCN 1A101 because it is not needed. 

ECCNs 1A001, 2A291, 3A001, 5A001, 

5B001, and 6A004. This final rule adds 

quotation marks to defined terms, such 

as ‘‘specially designed,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ in 

these ECCNs for consistency with the 

use of quotation marks established in 

the October 4 rule. 

ECCNs 4A003 and 7E002. This final 

rule corrects the paragraph designation 

used in the ‘‘Related Controls’’ 

paragraphs in ECCN 7E002 to make 

these paragraphs easier to identify. This 

final rule also corrects the paragraph 

designation for ‘‘Note 1’’ to ECCN 

4A003 to refer to this note as ‘‘Note to 

4A003’’ because pursuant to the October 

4 rule, there is now only one note to the 

License Requirements section of ECCN 

4A003. 

Conforming Changes and Clarifications 

for October 4 Rule 

The corrections described in this 

section are conforming changes to the 

CCL for the text adopted in the October 

4 rule. These changes are not 

substantive, but improve consistency of 

the CCL and the EAR. They also include 

clarifications to address questions BIS 

has received since publishing the 

October 4 rule. In addition, the 


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corrections described below for ECCNs 

2B352, 5A980, 6A002 and 9A120 

reinsert text into those ECCNs to ensure 

consistency with past rulemakings. 

In § 738.4(b)(2) (Sample CCL entry), 

this final rule corrects the sample entry 

to conform to the new CCL entry section 

headings and table headings included in 

the October 4 rule, such as correcting 

the ‘‘License Exceptions’’ section 

heading in the sample CCL entry to 

correctly read as ‘‘List Based License 

Exceptions (See Part 740 for a 

description of all license exceptions).’’ 

In § 774.1(b)(3) (Multilateral export 

control regime references . . .), this 

final rule revises paragraph (b)(3) to add 

text that was intended to be included in 

that paragraph, but inadvertently was 

not included in the October 4 rule. In 

addition, to conform to the correction 

made to ECCN 0D001, this final rule 

also corrects in § 774.1 the Note to 

paragraph (b) to provide a reference to 

the Heading Note that is being added to 

ECCN 0D001 in this final rule. 

ECCNs 0D001, 0E001 and 2B999 and 

Technical Note to CCL Category 1, 

Product Group C. This final rule 

corrects these three ECCNs and this 

Technical Note by removing references 

to fourteen ECCNs in which items 

subject to the exclusive jurisdiction of 

the Nuclear Regulatory Commission 

(NRC) previously were classified. These 

ECCNs were removed from the CCL in 

the October 4 rule. (With these 

corrections, the January 2 rule’s 

revisions to the headings of ECCNs 

0D001 and 0E001, which consisted of 

updating these two headings to 

specifically exclude the ‘‘600 series’’ 

ECCNs added to the CCL in that rule, 

are no longer needed.) In addition to 

removing these references, this final 

rule adds regulatory text to ECCNs 

0D001 and 2B999 to specify that the 

NRC has jurisdiction for certain nuclear 

related items. As a conforming change 

to the removal of the references to the 

fourteen ECCNs in ECCN 0D001, this 

final rule adds text to ECCN 0E001 to 

specify that the Department of Energy 

has export licensing authority for 

‘‘technology’’ for the items subject to 

export licensing authority of the NRC. 

Elsewhere, the EAR also makes this type 

of jurisdictional reminder, such as in 

Supplement No. 3 to part 730—Other 

U.S. Government Departments and 

Agencies with Export Control 

Responsibilities. As described above, a 

conforming change correction was also 

made in § 774.1 for the Note to 

paragraph (b) that references ECCNs 

0D001 and 0E001. 

ECCN 1A984. This final rule amends 

the last phrase in the heading of ECCN 

1A984, ‘‘other pyrotechnic articles 

having dual military and commercial 

use’’ to read ‘‘other pyrotechnic articles 

(excluding shotgun shells) having dual 

military and commercial use, and 

‘‘parts’’ and ‘‘components’’ ‘‘specially 

designed’’ therefor, n.e.s.’’ Through this 

amendment, BIS seeks to clarify that it 

intended for ‘‘parts’’ and ‘‘components’’ 

‘‘specially designed’’ for ‘‘other 

pyrotechnic articles (excluding shotgun 

shells) having dual military and 

commercial use’’ that are not elsewhere 

specified on the CCL to be classified 

under ECCN 1A984. This heading 

should have been amended in the 

October 4 rule when similar conforming 

changes and clarifications were made to 

the EAR. These changes do not expand 

the scope of ECCN 1A984, but serve to 

clarify the ECCN. 

The term ‘‘articles’’ is not defined in 

the EAR. However, ‘‘articles,’’ as used in 

the EAR, could be interpreted to include 

‘‘parts’’ and ‘‘components.’’ The October 

4 rule made a number of changes to the 

CCL to conform to the new definitions 

of ‘‘parts’’ and ‘‘components’’ that were 

added to the EAR in the April 16 rule. 

Before making the October 4 rule 

conforming changes, BIS determined 

where the terms ‘‘parts’’ and 

‘‘components’’ should be added to the 

CCL to preserve the intended scope of 

each ECCN while conforming to the new 

April 16 rule definitions. In doing so, 

BIS focused primarily on ECCNs in 

which either ‘‘part’’ or ‘‘component’’ 

was already used. Because ECCN 1A984 

does not use one of those terms, the 

October 4 rule inadvertently did not 

amend this ECCN at the same time as 

other similar ECCNs. BIS indicated in 

the October 4 rule that, over time, BIS 

may further refine the use of the terms 

‘‘parts’’ and ‘‘components’’ on the CCL 

(see 78 FR 61878). When BIS reviewed 

ECCN 1A984, it determined that the 

longstanding intent of this ECCN has 

been to control ‘‘parts’’ and 

‘‘components’’ for some of the 

commodities classified under it. 

Therefore, ‘‘parts’’ and ‘‘components’’ 

should have been added to the heading 

of ECCN 1A984 in the October 4 rule. 

As stated in the October 4 rule, BIS is 

not attempting to add additional 

references to ‘‘parts’’ and ‘‘components’’ 

in this final rule that would change the 

scope of what ECCN 1A984 controls. 

The intent identified in this final rule is 

consistent with past BIS interpretation 

of and licensing under ECCN 1A984. 

In addition, this final rule adds the 

phrase ‘‘(excluding shotgun shells)’’ 

after the term ‘‘articles’’ to clarify the 

delineation between ECCN 1A984 and 

existing ECCN 0A986. 

Among other things, this edit will 

make clear that ‘‘items’’ such as 

‘‘specially designed’’ rubber finned 

projectiles for 38/40 mm rounds are 

included in ECCN 1A984, and that tiny 

rubber balls incorporated by 

manufacturers into ‘‘items,’’ but used for 

multiple other purposes that would 

meet one of the paragraph (b) ‘‘releases’’ 

in the definition of ‘‘specially designed’’ 

set forth in § 772.1 of the EAR, are not 

within the scope of ECCN 1A984. 

ECCNs 2B352 and 9A120. This final 

rule corrects ECCN 2B352 by revising 

paragraph (h) to reinsert text that was 

inadvertently removed in the October 4 

rule when paragraph (h) was revised. 

This final rule also corrects the 

introductory text of ‘‘Items’’ paragraph 

(i) in ECCN 2B352, which was the 

original intent of the October 4 rule. 

Paragraph (i) was not revised correctly 

because the October 4 rule did not take 

into account a June 5, 2013, final rule 

(78 FR 33698), which redesignated 

paragraphs (g) and (h) as paragraphs (h) 

and (i), respectively. This final rule also 

corrects for the same reason the 

‘‘Technical Notes’’ paragraph 2 at the 

end of the ‘‘Items’’ paragraph that 

references ECCN 2B352.h, which should 

be 2B352.i. ECCN 9A120 is also being 

corrected with this final rule to remove 

the reference to ECCN 2B352.h and add 

in its place 2B352.i. 

ECCN 5A980. This final rule corrects 

the heading in ECCN 5A980 to remove 

the reference to ECCN 5A001.i, and 

adds in its place 5A001.f.1. Based on a 

June 20, 2013, final rule (78 FR 37389), 

paragraph .i of ECCN 5A001 is reserved, 

and the correct reference is therefore 

5A001.f.1. 

ECCNs 1E001, 5B001, and 6A002. 

This final rule corrects the STA 

paragraphs in the ‘‘Special Conditions 

for STA’’ sections of ECCNs 1E001, 

5B001 and 6A002 to remove the 

reference to destinations in 

§ 740.20(c)(2) and replace that with the 

intended reference to destinations in 

Country Group A:6 (See Supplement 

No. 1 to part 740 of the EAR). In the 

October 4 rule, this same change was 

made to other ECCNs that included STA 

paragraphs, but inadvertently was not 

implemented for these three ECCNs. In 

addition, this final rule corrects the STA 

paragraph in the ‘‘Special Conditions for 

STA’’ section of ECCN 6A002 to restore 

text that was inadvertently deleted in 

the October 4 rule to accurately reflect 

which ECCN 6A002 commodities are 

excluded from License Exception STA. 

The October 4 rule change to ECCN 

6A002’s STA paragraph was intended to 

be limited to updating the reference 

from (c)(2) to Country Group A:6, as 

well as moving the STA paragraph 

under the new ‘‘Special Conditions for 

STA’’ section heading. However, the 


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October 4 rule inadvertently removed 

some of the exclusion text under ECCN 

6A002. This final rule adds those 

additional ‘‘Items’’ paragraph references 

back into the STA paragraph in 6A002, 

so it now correctly states that License 

Exception STA may not be used to ship 

to any of the destinations listed in 

Country Group A:6 (See Supplement 

No. 1 to part 740 of the EAR) any 

commodity classified under ECCN 

6A002 paragraphs: 6A002.a.1.a, a.1.b or 

a.1.c; 6A002.a.3.c, a.3.d, a.3.e, or a.3.f; 

or 6A002.b. 

ECCNs 6B995 and 9B991. This final 

rule revises the headings of ECCNs 

6B995 and 9B991 to make the intent of 

the headings clearer and to use a 

structure that is more consistent with 

the rest of the CCL. The October 4 rule 

revised both of these headings, but 

questions received from the public since 

publication suggested that the changes 

made for clarity did not achieve the 

intended objective. The scope and 

substance of the two ECCNs are not 

changed, as this correction is limited to 

revising the two headings to clarify 

what is classified under those two 

ECCNs. 

ECCN 8A992. The October 4 rule 

removed ECCN 8A918 and moved these 

commodities to ECCN 8A992.l and .m, 

respectively, because they are not 

inherently military items and warrant 

only an AT control. To conform to the 

removal of ECCN 8A918, this final rule 

corrects ECCN 8A992 to remove an 

inadvertently retained UN control 

paragraph in the License Requirement 

section. 

ECCN 9A619. This final rule removes 

the term ‘‘aircraft’’ before the term 

‘‘commodities’’ in ECCN 9A619.y 

introductory text because ECCN 9A619 

also controls commodities for gas 

turbine engines, such as those for 

aircraft, ship, and land vehicles. 

Inadvertent use of the term ‘‘aircraft’’ 

was inconsistent with the rest of ECCN 

9A619. This is not a substantive change 

to the scope of the ECCN 9A619, but 

rather this is a change made for 

consistency with the scope of ECCN 

9A619 and the original intent of the 

commodities to be classified under this 

ECCN. 

ECCNs 9B115, 9B116, and 9E101. The 

October 4 rule revised the headings of 

ECCNs 9B115 and 9B116 to indicate 

that the ECCNs identified in these 

headings include ECCNs 9A103 to 

9A109, among others. However, the 

‘‘Related Controls’’ paragraphs in 

ECCNs 9B115 and 9B116, instead of 

referencing ECCNs 9A103 to 9A109 

incorrectly includes ECCNs 9A104 to 

9A109. Similarly, the October 4 rule 

revised the heading of ECCN 9E101 

reference ECCNs 9A103 to 9A111, 

among others, but the ‘‘Related 

Controls’’ paragraph of ECCN 9E101 

references 9A104 to 9A111. This final 

rule removes 9A104 and adds 9A103 in 

its place in the ‘‘Related Controls’’ 

paragraphs of ECCNs 9B115, 9B116 and 

9E101. 

ECCNs 9B610 and 9B619. The 

October 4 rule revised the ‘‘Related 

Controls’’ paragraphs of ECCNs 9B610 

and 9B619 to add in the ‘‘Related 

Controls’’ section ‘‘equipment’’ 

controlled under USML Category 

VIII(h)(1) and USML Category XIX(f)(1), 

respectively. This text is identical to the 

control text in USML Category VIII(h)(1) 

and USML Category XIX(f)(1). The 

ITAR-controlled ‘‘equipment’’ referred 

to in the ‘‘Related Controls’’ paragraphs 

does not include the items described in 

ECCNs 9B610 or 9B619. This final rule 

amends these two ‘‘Related Controls’’ 

paragraphs to make this point more 

clear. 

Lastly, under ECCN 9B610, this final 

rule adds quotation marks around the 

defined terms, ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ ‘‘attachments,’’ and 

‘‘specially designed’’ in the ‘‘Related 

Controls’’ paragraph in the List of Items 

Controlled section of 9B610 to make the 

ECCN consistent with the quotation 

marks practice described in the April 16 

rule and with other references to these 

defined terms on the CCL. In addition, 

this final rule adds a second sentence to 

the ‘‘Related Controls’’ paragraph to also 

reference USML Category VIII(h)(2)– 

(26), in addition to USML Category 

VIII(h)(1). 

(E) July 8 Rule Corrections and 

Clarifications 

BIS provides the following corrections 

and clarifications to the July 8 rule, 

which became effective on January 6, 

2014. These include correcting 

typographical errors, inserting omitted 

quotation marks, and adding text for 

consistency with other final rules and 

the structure of the CCL. 

Typographical Errors and Other 

Corrections for July 8 Rule 

ECCNs 0A606, 0A617, 0E018, and 

8A609. This final rule corrects 

typographical errors in these ECCNs, 

such as deleting an extra semicolon in 

‘‘Items’’ paragraph y.8 in the List of 

Items Controlled section of ECCN 8A609 

and adding a period that was mistakenly 

not included in ECCN 0E018. 

ECCNs 0A606, 0A617, 8A018, and 

8A620. This final rule adds quotation 

marks to certain uses of defined terms, 

such as ‘‘specially designed,’’ 

‘‘components,’’ and ‘‘parts’’ in these 

ECCNs for consistency with the use of 

quotation marks practice identified in 

the July 8 rule. 

ECCN 0A617. This final rule adds the 

‘‘Related Definitions’’ paragraph after 

the ‘‘Related Controls’’ paragraph in 

ECCN 0A617. The ‘‘Related Definitions’’ 

paragraph does not define any terms in 

this ECCN because it is designated as 

‘‘N/A.’’ However, for the sake of 

consistency with the other ECCNs on 

the CCL that include a ‘‘List of Items 

Controlled’’ section, the ‘‘Related 

Definitions’’ paragraph should have also 

been included in ECCN 0A617. 

ECCNs 0A918 and 8C609. This final 

rule adds the phrase ‘‘(see List of Items 

Controlled)’’ to the end of the headings 

for ECCNs 0A918 and 8C609. Both 

ECCNs include a description of the 

‘‘Items’’ controlled in the List of Items 

Controlled section. For the sake of 

consistency with the structure used for 

other ECCNs on the CCL, the phrase 

‘‘(see List of Items Controlled)’’ should 

have been included in these ECCNs. 

(F) April 16 Rule Corrections and 

Clarifications 

BIS provides the following corrections 

and clarifications to the April 16 rule, 

which became effective on October 15, 

2013. These include correcting 

typographical errors, inserting omitted 

quotation marks and redesignating 

certain paragraphs to make those 

paragraphs easier to identify. In 

addition, this final rule makes 

corrections and clarifications to the CCL 

and other parts of the EAR to conform 

to the amendments made in the April 16 

rule, as well as for consistency with 

other final rules. 

Typographical Errors and Other 

Corrections for April 16 Rule 

In Supplement No. 1 to Part 748, 

Block 24; § 772.1, ‘‘specially designed’’ 

definition, Note 1 to paragraph (a)(1); 

and Supplement No. 4 to Part 774— 

Commerce Control List Order of Review, 

paragraph (a)(5), this final rule corrects 

typographical errors in these EAR 

references. These changes include 

adding a space between two words in 

Supplement No. 1 to Part 748, Block 24, 

removing an errant closed parenthesis at 

the end of the same sentence and 

removing an extra ‘‘a’’ in Note 1 to 

paragraph (a)(1) of ‘‘specially designed’’ 

because it is not needed. 

In Supplement No. 1 to part 736, 

under General Order No. 5, this final 

rule corrects the paragraph designations 

used in the General Order No. 5 

paragraphs for consistency with the 

Federal Register Drafting Handbook for 

paragraph designations and to make 

these paragraphs easier to identify. The 

title General Order No. 5 will be 


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preceded by paragraph designation (e), 

in keeping with the other General 

Orders, and all of the other paragraphs 

in General Order No. 5 are redesignated 

one paragraph level lower. For example, 

this final rule redesignates paragraph (a) 

as paragraph (e)(1). 

In §§ 744.17(d) and 744.21, this final 

rule makes conforming changes 

consistent with the intent of the April 

16 rule. The April 16 rule revised 

§§ 744.17(d) and 744.21 to use single 

quotation marks around the term 

‘military end use’ and delete the hyphen 

in the term ‘‘end-use.’’ However, 

§ 744.17(d) currently retains the hyphen 

and, because the amendatory instruction 

for § 744.21 did not include revising the 

section heading, the single quotation 

marks and deletion of the hyphen were 

not incorporated into the EAR for 

§ 744.21. This final rule corrects the 

paragraph heading of § 744.17(d) and 

the section heading of § 744.21 to add 

single quotation marks around ‘military 

end use’ in the latter and delete the 

hyphen in ‘‘end use’’ for both, as 

intended in the April 16 rule. 

Conforming Changes and Clarifications 

for April 16 Rule and Revisions to 

License Exception GOV 

The corrections described in this 

section are conforming changes and 

clarifications to the CCL for the 

amendments included in the April 16 

rule. These changes are not substantive, 

but rather address needed conforming 

changes for consistency of the CCL and 

the rest of the EAR, as well as 

clarifications to address questions BIS 

has received since the publication of the 

April 16 rule. 

In § 736.2(b)(3) (General Prohibition 

Three—Reexport and export from 

abroad of the foreign-produced direct 

product of U.S. technology and software 

(Foreign-Produced Direct Product 

Reexports)), this final rule clarifies the 

country scope of prohibition for ECCN 

0A919 by adding a sentence to the end 

of paragraph (b)(3)(i) that is specific to 

0A919 and adopts the same country 

scope of prohibition as the additional 

country scope of prohibition for ‘‘600 

series’’ items in paragraph (b)(3)(iii). 

Although 0A919 commodities are not 

‘‘600 series’’ items, they are military 

commodities and should have the same 

country scope prohibitions as ‘‘600 

series’’ items under the direct product 

rule. Lastly, as a clarification for 

paragraph (b)(3)(i), this final rule adds 

the phrase ‘‘or export from abroad’’ after 

the term ‘‘reexport’’ for consistency with 

paragraph (b)(3)(iii). 

In § 740.2(a)(13)(vi) (Restrictions on 

all license exceptions), this final rule 

revises and simplifies paragraph 

(a)(13)(vi), which is the paragraph for 

the general restrictions on the use of 

license exceptions for ‘‘600 series’’ 

items that refers to the eligibility of 

License Exception STA for ‘‘600 series’’ 

items. The final rule revises the 

introductory text under paragraph 

(a)(13)(vi) to specify that License 

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

the EAR is available to overcome the 

general restrictions on the use of license 

exceptions for ‘‘600 series’’ items, 

provided all of the applicable terms and 

conditions, including those specific to 

the ‘‘600 series’’ are met. This 

amendment does not change the 

requirements for or limitations on the 

use of License Exception STA for ‘‘600 

series’’ items. Specifically, this final 

rule simplifies the reference to License 

Exception STA by deleting paragraphs 

(a)(13)(vi)(A), (B), (C) and (D) and 

revises the introductory text to conform 

to references to the other license 

exceptions that are eligible for ‘‘600 

series’’ items as specified under 

paragraph (a)(13). BIS makes this change 

in this final rule to avoid restating the 

same requirements in different sections 

of the EAR. The change is also necessary 

to reduce the danger that someone may 

mistakenly believe that the License 

Exception STA paragraphs in 

(a)(13)(vi)(A), (B), (C) and (D) contain a 

complete list of the applicable terms 

and conditions of License Exception 

STA. In addition, this final rule revises 

the last sentence in the introductory text 

of paragraph (a)(13) for clarity, but does 

not change the meaning of paragraph 

(a)(13). 

In § 740.10 (License Exception 

Servicing and replacement of parts and 

equipment (RPL)), this final rule 

removes the term ‘‘U.S. origin’’ 

modifying the terms ‘‘parts, 

components, accessories, or 

attachments,’’ ‘‘commodity or software’’ 

and ‘‘equipment.’’ This final rule also 

removes the term ‘‘U.S. origin’’ and 

replaces it with the phrase ‘‘subject to 

the EAR’’ with, at times, the citation 

‘‘(see § 734.2(a) of the EAR).’’ This final 

rule also removes the term ‘‘U.S. origin’’ 

in paragraphs (a)(2)(ii), (a)(4)(i), (b)(1), 

and (b)(3) of License Exception RPL to 

better conform to the corresponding 

ITAR exemption under § 123.4(a)(1)(22 

CFR 123), where the term ‘‘U.S. origin’’ 

is not used. The April 16 rule stated on 

page 78 FR 22669 that ‘‘a general 

principle underlying the incorporation 

of the ‘600 series’ into the EAR is that, 

because items subject to the EAR are 

less militarily significant than those 

subject to the ITAR, EAR exceptions 

should not be more restrictive than 

comparable ITAR exemptions.’’ The use 

of the term ‘‘U.S. origin’’ in License 

Exception RPL is another example 

where an EAR license exception is more 

restrictive than the corresponding ITAR 

exemption and therefore, the term ‘‘U.S. 

origin’’ should have been removed from 

License Exception RPL consistent with 

the other changes made in the April 16 

rule to other EAR license exceptions. 

BIS became aware of this needed 

correction based on questions received 

from the public after the April 16 rule 

became effective on October 15, 2013. In 

addition, because the scope of the EAR 

extends beyond U.S. origin items, such 

as to foreign origin items that are 

‘‘subject to the EAR,’’ License Exception 

RPL under paragraphs (a) and (b) should 

also be available for those foreign origin 

items that are ‘‘subject to the EAR’’ in 

addition to U.S. origin items that are 

subject to the EAR. These corrections 

will preserve the intended scope of 

License Exception RPL and also better 

correspond to the ITAR exemption 

under § 123.4(a)(1) and may result in a 

slight reduction in the number of 

license applications received by BIS. 

In § 740.11(c), this final rule revises 

License Exception GOV to allow items 

subject to the EAR to be exported, 

reexported, or transferred (in-country) to 

agencies of the North Atlantic Treaty 

Organization (NATO) in accordance 

with the terms and conditions of that 

license exception. Thus, NATO agencies 

will be treated like cooperating 

governments in that provision of GOV. 

Under new paragraph (c)(2)(ii), License 

Exception GOV will be available for the 

official use of a cooperating 

government’s military end user, for a 

cooperating government’s military end 

use, or for a NATO agency. Unlike 

paragraph (c)(2)(i), new paragraph 

(c)(2)(ii) has no territorial restriction on 

where the items may be used. These 

revisions will enable the United States 

to improve interoperability with NATO 

and other close allies. Lastly, as a 

conforming change to the capitalization 

of section headings in the EAR, this 

final rule revises the section heading for 

740.11 to make all terms used in the 

section heading lower case, except for 

the first term used in the section and 

proper nouns used in the section 

heading. 

In §§ 740.12(a), 740.13(d)(1), and 

740.15(c)(1) and (c)(2), this final rule 

redesignates the footnotes in part 740 as 

a conforming change to the April 16 rule 

revisions to § 740.9 that included the 

removal of footnote 1 to paragraph 

(b)(1)(iv) in that section. The April 16 

rule did not redesignate the other 

footnotes used in part 740, so there is no 

longer a footnote 1 to part 740. To 

redesignate the footnotes in part 740, so 


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the footnotes begin with footnote 1, the 

final rule redesignates footnote 2 to 

§ 740.12(a) as footnote 1; footnote 3 to 

§ 740.13(d)(1) as footnote 2; and 

footnotes 4 and 5 to § 740.15(c)(1) and 

(c)(2) as footnotes 3 and 4, respectively. 

In § 740.20 (License Exception 

Strategic Trade Authorization (STA)), 

this final rule makes six clarifications to 

License Exception STA. The first and 

second are the clarification being made 

to paragraph (b)(3)(ii)(B) and a 

corresponding change to paragraph 

(d)(2)(vii)(B), the third and fourth are 

the clarification being made to 

paragraph (b)(3)(ii)(C) and a 

corresponding change to paragraph 

(d)(2)(vi)(C), the fifth is a conforming 

change in Note to paragraph (c)(1) for 

text used in other parts of License 

Exception STA, and the sixth is a 

clarification in the form of one 

additional sentence that this final rule 

adds to further remind exporters, 

reexporters, and transferors of the 

requirement to obtain a prior consignee 

statement consistent with the 

requirement of paragraph (d)(2) (Prior 

Consignee Statement) and the addition 

of a new paragraph to the prior 

consignee statement. These corrections 

and conforming changes are described 

below. 

In § 740.20, under paragraphs 

(b)(3)(ii)(B) and (d)(2)(vii)(B) (which was 

formerly designated as paragraph 

(d)(2)(vi)(B)), this final rule revises 

paragraphs (b)(3)(ii)(B) and (d)(2)(vii)(B) 

to clarify what is intended by the phrase 

‘‘that will ultimately be used by’’ when 

a ‘‘600 series’’ item is exported, 

reexported or transferred (in-country) to 

a country in Country Group A:5 that 

will be subsequently sent to the United 

States for use by a person in the United 

States. The text could be read to mean 

that ‘‘600 series’’ items that are sent to 

the United States must ultimately be 

used by a U.S. person, which was not 

the intended interpretation. As 

described in greater detail below, in 

order to clarify the intended meaning, 

this final rule revises paragraphs 

(b)(3)(ii)(B) and (d)(2)(vii)(B) by creating 

two identical paragraphs under each. 

Those paragraphs’ introductory 

requirements, specifying that the items 

must be for the ‘‘development,’’ 

‘‘production,’’ operation, installation, 

maintenance, repair, overhaul, or 

refurbishing of an item in one of the 

countries listed in Country Group A:5 or 

the United States, are retained from the 

April 16 rule. 

This final rule moves the remaining 

requirements of paragraph (b)(3)(ii)(B) to 

new paragraphs (b)(3)(ii)(B)(1) and 

(b)(3)(ii)(B)(2), and the remaining 

requirements of paragraph (d)(2)(vii)(B) 

to new paragraphs (d)(2)(vii)(B)(1) and 

(d)(2)(vii)(B)(2), respectively. The new 

paragraphs, (b)(3)(ii)(B)(1) and 

(d)(2)(vii)(B)(1), specify that the items 

must be ultimately used by government 

agencies in one of the countries listed in 

Country Group A:5 or the United States 

Government. 

This final rule also adds new 

paragraphs (b)(3)(ii)(B)(2) and 

(d)(2)(vii)(B)(2) to specify that items sent 

to a person in the United States and not 

for subsequent export under 

§ 740.9(b)(1) (License Exception TMP 

for items moving in transit through the 

United States) are also within the scope 

of paragraph (b)(3)(ii)(B) and 

(d)(2)(vii)(B). The new paragraphs 

(b)(3)(ii)(B)(2) and (d)(2)(vii)(B)(2) 

clarify the requirements for when items 

will be sent to a person in the United 

States that may or may not be ultimately 

used by a U.S. person. However, any 

subsequent export of a ‘‘600 series’’ item 

from the United States, including after 

incorporation into another item in the 

United States, must comply with U.S. 

export control laws. This final rule also 

clarifies in paragraphs (b)(3)(ii)(B)(2) 

and (d)(2)(vii)(B)(2) that ‘‘600 series’’ 

items sent to a person in the United 

States must not be for subsequent export 

under § 740.9(b)(1) (License Exception 

TMP for items moving in transit through 

the United States). This is not a 

substantive change and is limited to 

clarifying the original intent of License 

Exception STA for ‘‘600 series’’ items 

sent to a person in the United States. 

In § 740.20 under paragraphs 

(b)(3)(ii)(C) and (d)(2)(vii)(C), this final 

rule revises paragraphs (b)(3)(ii)(C) and 

(d)(2)(vii)(C), which prior to this final 

rule was designated as paragraph 

(d)(2)(vi)(C), to remove the phrase ‘‘the 

consignee has,’’ adds the term ‘‘exists’’ 

after the words ‘‘such authorization,’’ 

and to remove the term ‘‘provides’’ and 

in its place add the phrase ‘‘has 

provided.’’ This change is made to 

paragraph (b)(3)(ii)(C) to conform to the 

intent of this requirement, which was to 

confirm that the United States 

Government has otherwise authorized 

the ultimate end use and the consignee 

confirms the authorization exists. This 

change is also intended to clarify that 

the license or other approval identifier 

must be sent before the export, reexport 

or transfer occurs. 

This requirement was not intended to 

be limited to whether the consignee that 

receives a ‘‘600 series’’ item under 

License Exception STA has such 

authorization itself, but rather whether 

such an authorization exists for the 

ultimate end-use of the item. In certain 

fact patterns, the consignee may have 

such authorization, as reflected in the 

April 16 rule. However, for STA 

consignees that are manufacturers 

earlier in a supply chain, such as an 

aircraft ‘‘component’’ manufacturer, it is 

likely that the person that will have the 

authorization described in (b)(3)(ii)(C) is 

further along the chain, such as the 

aircraft manufacturer or other person 

selling the aircraft. If the consignee 

earlier in the process can confirm with 

the company later in the supply chain, 

such as the aircraft manufacturer or 

other person selling the aircraft, that the 

United States Government has 

otherwise authorized the ultimate end 

use, that confirmation will be sufficient 

to meet the criteria of paragraph 

(b)(3)(ii)(C) as clarified by this final rule. 

In the prior consignee statement 

paragraph in (d)(2)(vii)(C), this final rule 

makes the same clarification as a 

conforming change to the revised 

paragraph (b)(3)(ii)(C). 

In § 740.20 under Note to paragraph 

(c)(1), this final rule corrects the Note to 

paragraph (c)(1) to make a conforming 

change by adding the phrase ‘‘or other 

approval’’ after the term ‘‘license.’’ The 

requirement specified in Note 1 to 

paragraph (c)(1) can be met under a 

previously approved license or other 

approval (i.e., DDTC Manufacturing 

License Agreement (MLA), Technical 

Assistance Agreement (TAA), 

Warehouse Distribution Agreement 

(WDA), or General Correspondence 

approval (GC)) issued by BIS or DDTC, 

U.S. Department of State. The phrase 

‘‘or other approval’’ is used in other 

parts of License Exception STA, 

including in paragraph (c), and this text 

was also intended to be included in the 

Note to paragraph (c). 

In § 740.20(d)(2) (Prior Consignee 

Statement), this final rule adds one 

sentence to the introductory text of 

paragraph (d)(2) as an additional 

reminder that each party using License 

Exception STA to export, reexport or 

transfer (in-country), including 

reexporters and transferors of items 

previously received under License 

Exception STA, must obtain a prior 

consignee statement from its consignee 

and retain the statement required by 

paragraph (d)(2). Paragraph (d)(2) 

already includes this requirement, but 

based on questions BIS received 

regarding whether a reexporter or 

transferor of items previously received 

under License Exception STA must 

obtain and retain the statement required 

by paragraph (d)(2), BIS determined that 

adding another sentence to the 

introductory text of this paragraph 

would be helpful. For example, a 

company exports an item eligible for 

License Exception STA to a consignee 

located in Germany. The U.S. exporter 


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obtained the prior consignee statement 

from the consignee in Germany prior to 

making the export authorized under 

License Exception STA, as well as 

meeting the other applicable terms and 

conditions of License Exception STA. 

The company in Germany decides to 

reexport the item received under 

License Exception STA to a consignee 

in France. The German company in this 

scenario must obtain the prior consignee 

statement from the consignee in France 

prior to using License Exception STA, 

just as the U.S. exporter obtained the 

prior consignee statement before 

exporting to Germany. 

In addition, this final rule 

redesignates paragraphs (d)(2)(iv), (v), 

(vi) and (vii), as paragraphs (d)(2)(v), 

(vi), (vii) and (viii) respectively. This 

final rule redesignates these paragraphs, 

so a new paragraph (d)(2)(iv) can be 

added for the prior consignee statement. 

This final rule adds a new paragraph 

(d)(2)(iv) to specify that the prior 

consignee statement must also include a 

statement that the consignee agrees to 

obtain a prior consignee statement when 

using License Exception STA for any 

reexport or transfer (in-country) of items 

previously received under License 

Exception STA. The obligation to get a 

retransfer certification as part of the 

prior consignee statement under License 

Exception STA is no more of a burden 

than the need to get a retransfer 

authorization under 22 CFR 123.9 

(Country of ultimate destination and 

approval of reexports or retransfers) of 

the ITAR. As a conforming change this 

final rule revises the last two sentences 

of the introductory text of paragraph 

(d)(2) to clarify that paragraphs (d)(2)(i) 

through (vi) of this section are required 

for all transactions under License 

Exception STA. (This includes the new 

paragraph (d)(2)(iv) that is added with 

this final rule, as well as the former 

paragraphs (d)(2)(iv) and (d)(2)(v) that 

this rule redesignates as paragraph 

(d)(2)(v) and (vi)). The conforming 

changes also update the reference to the 

‘‘600 series’’ by specifying that 

paragraph (d)(2)(vii) is required for all 

transactions in ‘‘600 series’’ items and 

paragraph (viii) of this section is 

required for transactions in ‘‘600 series’’ 

items if the consignee is not the 

government of a country listed in 

Country Group A:5 (See Supplement 

No. 1 to part 740 of the EAR). 

Lastly, this final rule adds to the end 

of paragraph (d)(2) a new requirement 

that the prior consignee statement must 

include the name and title of the person 

signing the document, and the date the 

document is signed. This is a change to 

the prior consignee statement, although 

based on BIS reviews of prior consignee 

statements, in many cases consignees 

have already been including such 

information as part of their prior 

consignee statements. Including such 

information is a good compliance 

practice and will help to better identify 

who provided the consignee statement 

and when the statement was provided, 

so this final rule adds these as 

additional elements to be included in 

the prior consignee statement along 

with the clarification to the prior 

consignee statement described above. 

BIS recognizes that this rule’s 

clarification to the prior consignee 

statement could have resulted in 

requiring exporters, reexporters and 

transferors to obtain new consignee 

statements. To avoid making those with 

existing consignee statements have to 

obtain replacement consignee 

statements simply to accommodate this 

rule’s clarifications, the clarifications to 

the prior consignee statement will only 

apply to statements issued or amended 

after this rule becomes effective. 

License Exceptions TMP and GOV 

cross-references are updated in this final 

rule to conform to changes implemented 

in the April 16 rule. Specifically, this 

rule updates the references to TMP in: 

§ 740.2(a)(5)(i) and (ii) from 

§ 740.9(a)(2)(ii) to § 740.9(a)(4) (for kits 

consisting of replacement parts); 

§§ 746.2(a)(1)(i), 746.4(c), and 746.9(b)(i) 

from § 740.9(a)(2)(viii) to § 740.9(a)(9) 

(for the news media); and § 758.1(c)(6) 

from § 740.9(a)(2)(i) to § 740.9(a)(1) (for 

tools of trade). 

In addition, prior to those revisions, 

the criteria for export or reexport to U.S. 

government personnel and agencies 

under License Exception GOV was in 

§ 740.11(b)(2)(i) and (ii) of the EAR and 

the criteria for export or reexport to 

agencies of a cooperating government 

were in § 740.11(b)(2)(iii) and (iv) of the 

EAR. As revised, the criteria relating to 

agencies and personnel of the U.S. 

government are now in § 740.11(b)(2) 

and those relating to agencies of a 

cooperating government are in 

§ 740.11(c)(2). The April 16 rule also 

made additional types of transactions 

relating to agencies and personnel of the 

U.S. government eligible for License 

Exception GOV in order to make 

License Exception GOV consistent with 

U.S. government related license 

exemptions available under the ITAR. 

However, the rule making those 

additions did not make conforming 

changes to §§ 746.4(c) and 746.9(b) of 

the EAR, which limit use of license 

exceptions for exports and reexports to 

North Korea and Syria, respectively. BIS 

did not intend to limit U.S. government 

related transactions to those 

destinations more narrowly than U.S. 

government related transactions to other 

destinations. Accordingly, this rule 

revises §§ 746.4(c) and 746.9(b) of the 

EAR to allow use of License Exception 

GOV for all of the types of transactions 

described in § 740.11(b)(2) of the EAR. 

In § 750.7(c)(1)(ix) (Direct exports, 

reexports, or transfers (in-country) to 

and among approved end users and 

ultimate consignee on a license), this 

final rule makes a correction to this 

paragraph by adding the phrase ‘‘and 

ultimate consignee’’ after the phrase ‘‘to 

and among approved end users’’ to 

specify that direct exports, reexports, or 

transfers (in-country) to and among 

approved end users and the ultimate 

consignee on a license are a nonmaterial change to the license, provided 

the other terms and conditions of 

paragraph (c)(1)(ix) are met. This was 

the intent of the April 16 rule, but after 

receiving a question that asked whether 

the ‘‘to and among’’ concept described 

in paragraph (c)(1)(ix) was intended to 

include the ultimate consignee listed on 

the license, BIS recognized that the 

regulatory text did not refer to the 

ultimate consignee and decided to 

correct this omission in this final rule. 

In § 762.2(b)(9) (Records to be 

retained), this final rule corrects that 

paragraph by removing the outdated 

reference to ‘‘§ 740.13(f)’’ (Technology 

and software—unrestricted TSU) and 

adding in its place the current 

paragraph reference ‘‘§ 740.13(h).’’ 

Paragraph (f) was redesignated as 

paragraph (h) in the April 16 rule, but 

this conforming change was not made to 

§ 762.2, so this final rule reflects the 

new paragraph designation in § 740.13. 

ECCNs 9A610 and 9A619. This final 

rule makes a clarification for the ‘‘600 

series’’ .y paragraphs in 9A610 and 

9A619. BIS has received questions from 

the public regarding the classification of 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ ‘‘specially designed’’ 

for commodities specified in the 

respective ‘‘600 series’’ .y paragraphs. 

For example, galleys are classified 

under 9A610.y.9 and the public has 

asked whether ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ 

‘‘specially designed’’ for galleys, such as 

a sink ‘‘specially designed’’ for use in a 

galley, are also classified under 

9A610.y. These questioners believed 

BIS’s intent was likely that such 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ were also intended 

to be classified under those respective .y 

paragraphs and not under ‘‘600 series’’ 

.x paragraphs. To clarify the 

classification of such commodities, BIS 

adds the phrase ‘‘and ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ ‘‘specially designed’’ 


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therefor’’ to the end of the .y paragraphs 

in 9A610 and 9A619, making it clear 

that such commodities are also 

classified under the .y paragraphs in 

these respective ‘‘600 series’’ ECCNs.’’ 

BIS has recently made this same 

clarification to the .y paragraphs in 

ECCNs 0A606, 0A617, 0B617, 8A609, 

8A620, 8B609 and 8B620 in a correction 

rule for the July 8 rule. Subsequent ECR 

implementation final rules will also 

generally include such text regarding 

the scope of the respective .y 

paragraphs. 

This final rule also makes a change to 

ECCN 9A610 to clarify where ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ ‘‘specially designed’’ for 

commodities in ECCN 9A610.h are 

classified. The commodities classified 

in 9A610.h were moved from ECCN 

9A018 in the April 16 rule. The former 

ECCN 9A018.e did not include a control 

on ‘‘specially designed’’ ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments,’’ meaning such ‘‘specially 

designed’’ ‘‘parts, ‘‘components,’’ 

‘‘accessories, and ‘‘attachments’’ prior to 

the April 16 rule, and dating back to the 

early 1990s, were designated as EAR99. 

For consistency with the Wassenaar 

Arrangement Munitions List (WAML) 

10.g, the April 16 rule added ‘‘parts, 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ for items under ECCN 

9A610.h, which was done with the 

‘catch-all’ paragraph in ECCN 9A610.x 

based on ‘‘specially designed.’’ A person 

with ‘‘components’’ ‘‘specially 

designed’’ for commodities classified in 

ECCN 9A610.h raised the question 

whether it was BIS’s intention to move 

the classification of such ‘‘components’’ 

from EAR99 to an ECCN with a 

worldwide license requirement, except 

for Canada, by classifying such 

‘‘components’’ under 9A610.x. 

BIS determined that, for consistency 

with WAML 10.g, such ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ should be classified 

under a ‘‘600 series’’ ECCN, but because 

they are militarily less significant, such 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ ‘‘specially designed’’ 

for commodities in ECCN 9A610.h 

should have been classified in the April 

16 rule as ‘‘specially designed’’ ‘‘parts,’’ 

‘‘components, ‘‘accessories,’’ and 

‘‘attachments’’ under a paragraph in 

ECCN 9A610.y. This final rule makes 

this correction to ECCN 9A610 by 

adding a new ‘‘Items’’ paragraph y.30 in 

the List of Items Controlled section. 

This paragraph will clarify that ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ ‘‘specially designed’’ for 

commodities other than electronic items 

or navigation equipment in ECCN 

9A610.h are classified under 

9A610.y.30, which is consistent with 

BIS’s original intention for where such 

militarily less significant items should 

be controlled under the ‘‘600 series.’’ 

Finally, this final rule revises 9A610.h 

to add the term ‘‘parachute’’ between 

the phrase ‘‘complete canopies’’ to 

clarify the control is for complete 

parachute canopies and not complete 

cockpit canopies. 

ECCN 9B619. This final rule corrects 

9B619 by adding the phrase ‘‘(see List 

of Items Controlled)’’ to the end of the 

heading. ECCN 9B619 includes an 

‘‘Items’’ paragraph in the List of Items 

Controlled, so the heading should 

include the phrase ‘‘(see List of Items 

Controlled).’’ This change is made for 

consistency with the CCL and past final 

rules that adopted this consistent 

structure for ECCN headings on the 

CCL. 

(G) Other Corrections and Clarifications 

to the EAR 

In addition to the corrections and 

clarifications described above, this final 

rule makes the following additional 

corrections and clarifications to the 

EAR, which resulted from amendments 

included in other final rules or other 

changes, such as removing a telephone 

number that is no longer needed in the 

EAR. 

Other Typographical Errors and 

Corrections 

ECCN 1C350. This final rule corrects 

1C350.c.12 by removing the hyphen 

from Ethyldiethanolamine. The hyphen 

was unintentionally included when this 

paragraph was initially published in the 

Federal Register on December 29, 2004 

(69 FR 77890). 

In CCL Category 2, Product Group E, 

Materials Processing Table on 

Deposition Techniques, this final rule 

corrects the resultant coating for 

Molybdenum and Molybdenum alloy 

substrates in the Materials Processing 

Table on Deposition Techniques in the 

introductory portion of Category 2, 

Product Group E. The table listed the 

resultant coating as ‘‘Dielectric Players’’ 

and it is corrected to read ‘‘Dielectric 

layers.’’ 

Other Conforming Changes and 

Clarifications to Past Amendments to 

EAR 

In § 740.9, this final rule makes a 

correction to the heading of paragraph 

(a)(6) (Inspection and calibration) by 

adding the terms ‘‘test’’ and ‘‘repair’’ to 

the heading of this paragraph. Paragraph 

(a)(6) includes the terms ‘‘test’’ and 

‘‘repair’’ in the text of the paragraph, but 

the heading may give the mistaken 

impression that the scope of this 

paragraph is limited to inspection and 

calibration, so the heading is revised to 

read ‘‘Inspection, test, calibration and 

repair,’’ which more accurately reflects 

the scope of this paragraph. 

Also in § 740.9 (Temporary Imports, 

Exports, Reexports, and Transfers (incountry) (TMP)), this final rule makes a 

correction to paragraph (c)(8) by 

removing the phrase ‘‘paragraphs (a) 

through (e)’’ and adding in its place 

‘‘paragraphs (a) through (d)’’ for the 

reference to Supplement No. 6 to part 

742. Supplement No. 6 to part 742 does 

not include a paragraph (e). 

In § 740.10 (License Exception 

Servicing and replacement of parts and 

equipment (RPL)), this final rule makes 

a clarification to License Exception RPL 

to replace the tern ‘‘returned’’ with the 

term ‘‘sent’’ in paragraph (b)(1) (Scope). 

This change is made to clarify that the 

scope of paragraph (b) does not require 

that the item in question be originally 

exported from the United States and 

subsequently returned to the United 

States for servicing. This change is made 

because the intent of paragraph (b)(1) is 

to also allow for items produced outside 

the United States to be sent to the 

United States for servicing under 

paragraph (b). In addition, this final rule 

makes a conforming change to 

paragraph (b)(1) by adding in the phrase 

‘‘or to a foreign party for servicing,’’ so 

the scope paragraph (b)(1) accurately 

reflects the scope of the authorization in 

paragraph (b)(2). 

In § 742.6(b) (Licensing policy), this 

rule revises the first sentence of 

§ 742.6(b)(1) to explicitly state the 

foreign policy considerations employed 

in review of license applications for 

‘‘600 series’’ items include the United 

States’ foreign policy interest of 

promoting the observance of human 

rights throughout the world. This is a 

longstanding foreign policy interest of 

the United States that is noted in both 

statute and regulation (see, e.g. 22 

U.S.C. 2304(a) and 15 CFR 742.7(a)). 

This revision merely provides explicit 

notice that the review of license 

applications for ‘‘600 series’’ items to 

determine whether the transaction is 

contrary to the foreign policy interests 

of the Unites States includes 

consideration of human rights. This is 

not a substantive change from the policy 

set forth in § 742.6(b)(1). 

In § 746.3 (Iraq), this final rule also 

removes the outdated reference to the 

‘‘Interim Government of Iraq’’ and adds 

in its place the correct reference the 

‘‘Government of Iraq.’’ The final rule 

also in that same section removes the 

outdated reference to the phrase ‘‘or the 

Multinational Force in Iraq.’’ 


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In § 746.3(c) (License Exceptions), in 

addition to the changes described above 

for this section to remove the two 

outdated references, this final rule 

removes an errant open quotation mark, 

adds a sentence to the end of paragraph 

(c) to clarify the relationship between 

the license requirements in paragraph 

(a)(4) of this section and the use of 

license exceptions. This new sentence 

clarifies that license exceptions may not 

be applied to paragraph (a)(4) license 

requirements. This clarification is not a 

change in policy, but rather clarifies the 

existing relationship between 

paragraphs (a)(4) and (c). 

In § 748.2(a)(3), this final rule 

removes the first telephone number 

listed (408) 998–8805 for BIS’s Western 

Regional Office in paragraph (a)(3) 

because it will no longer be used as a 

general outreach number. The second 

telephone number listed in that 

paragraph for the Western Regional 

Office is intended to be used by the 

public as a general outreach number and 

will remain in paragraph (a)(3). 

In § 748.4(h) (Emergency processing), 

this final rule revises the cross reference 

regarding validity periods on emergency 

licenses from § 750.7(h) to § 750.7(g). 

Section 750.7(g) is the section of the 

EAR that addresses validity periods, 

including for emergency licenses. This 

revision simply corrects an error and 

improves the utility of the EAR to 

exporters. 

In Supplement No. 7 to Part 748 

(Authorization Validated End-User 

(VEU): List of Validated End-Users, 

Respective Items Eligible for Export, 

Reexport and Transfer, and Eligible 

Destinations), this rule corrects an 

oversight by adding an omitted Federal 

Register citation to one of the VEU 

entries. Specifically, in this rule, BIS 

amends the VEU List by revising the 

‘‘Federal Register Citation’’ Column for 

VEU Lam Research Service Co., Ltd. 

(Lam) in ‘‘China, (Peoples Republic of)’’ 

to include the citation for the most 

recent amendment to Lam’s VEU 

authorization. That citation is 78 FR 

54752, 9/6/13. 

In § 750.7(c) (Changes to the license), 

this final rule adds a non-material 

change under new paragraph (c)(2) 

(Notification of name change by 

advisory opinion request) to specify that 

in certain cases a name change can be 

made for a party listed on a BIS license 

(i.e., name of exporter, reexporter, 

purchaser, intermediate consignee, 

ultimate consignee, or end user), 

provided no changes in ownership, 

merger or acquisition activity, or other 

change in legal status has occurred since 

the time the license was approved for 

the person listed on the license. In order 

to rely on this new paragraph, BIS must 

have approved the name change in 

response to a request for an advisory 

opinion submitted by the licensee that 

BIS treat the name change as an eligible 

name change under this paragraph. 

Prior to publication of this final rule, 

because name changes were not 

identified in paragraph (c), any name 

change for a party listed on a BIS license 

was a material change to the license. 

However, in certain cases, exporters, 

reexporters or transferors submitted 

advisory opinion requests to BIS that 

requested BIS confirmation that certain 

name changes did not warrant a new 

license, because the party listed on the 

license was the same in all respects, 

except for the change in the name, 

which was typically being changed for 

marketing or branding reasons. BIS has 

approved such name changes in the past 

through advisory opinion responses 

when the person listed on the license 

was the same, except for the name 

change. Making BIS’s past practice more 

explicit in the EAR will also make the 

EAR more consistent with the ITAR 

since DDTC uses a similar process for 

reviewing and approving similar types 

of name changes under 22 CFR 126.3 

(Exceptions) and 22 CFR 122.4 

(Notification of changes in information 

furnished by registrants). BIS adds this 

new paragraph (c)(2) to ensure all 

interested parties are aware that such an 

advisory opinion may be submitted to 

BIS. 

This final rule adds a new paragraph 

(c)(2)(i) to specify the information that 

must be included in advisory opinion 

requests for name changes. This final 

rule adds a new paragraph (c)(2)(ii) to 

specify how BIS will respond to such an 

advisory opinion request. This rule adds 

a new paragraph (c)(2)(iii), to specify the 

additional actions required by a 

licensee, when relying on paragraph 

(c)(2), including a cross reference to see 

§ 758.4(d) (Exports against licenses with 

approved name changes) for export 

clearance requirements for such 

licenses. These requirements under 

paragraphs (c)(2)(i)–(iii) put into the 

EAR the established practices and 

review criteria BIS already uses when 

reviewing such advisory opinion 

requests and making such 

determinations. Lastly, paragraph 

(c)(2)(iv) reminds the licensee that if the 

name change request is not approved by 

BIS or the licensee believes that the 

name change that is a material change 

to the license, then the parties to the 

transaction should apply for a new 

license. § 758.1 (The Electronic Export 

Information (EEI) filing to the 

Automated Export System (AES)), 

§ 758.4 (Use of export license) and 

§ 762.2 (Records to be retained) are 

updated as necessary to add references 

to § 750.7(c)(2), describing 

circumstances where the licensee can 

change the name of persons listed on a 

license. Under § 758.1 this final rule 

revises paragraph (f)(2) that deals with 

conformity of statements on AES 

records with the contents of BIS 

licenses, to add a reference to name 

changes approved by BIS in writing in 

accordance with § 750.7(c)(2) of the 

EAR, as a possible exception for when 

the information entered into the AES 

record may not conform to what is listed 

on the license. This final rule also 

replaces in paragraph (f)(2) the phrase 

‘‘exporter blocks’’ with the AES phrase 

‘‘USPPI and USPPI identification 

blocks’’ to conform with how those 

blocks are referred to in AES. Under 

§ 758.4 this final rule adds a new 

paragraph (d) (Exports against license 

with approved name changes) to specify 

that when exporting against a license 

with an approved name change under 

§ 750.7(c)(2), prior to using that export 

license you are required to include in 

the respective name field in AES (e.g., 

in the USPPI name field in AES), the 

new name followed by the original 

name in this format ‘‘[new name] f.k.a. 

[original name].’’ This additional 

reporting requirement (by putting 

additional text into an existing box on 

an already approved form) would be 

completed by the authorized filer of the 

electronic export information (EEI) in 

AES. The use of the acronym f.k.a. will 

alert those reviewing the AES data that 

this person was formerly known as the 

original name. Under § 762.2 (Records 

to be retained), this final rule adds a 

new paragraph (b)(53) to specify that 

notification of name change by advisory 

opinion requests made under 

§ 750.7(c)(2) are records that must be 

retained. 

In § 772.1 (Definitions of terms as 

used in the Export Administration 

Regulations), under the definition of 

‘‘technology,’’ this final rule adds a 

sentence to the end of the definition. 

This final rule also adds a note 2 to the 

definition of ‘‘technology’’ and 

redesignates the current note as note 1. 

The new sentence clarifies that 

‘‘technology’’ also includes specific 

information necessary for operation, 

installation, maintenance, repair, 

overhaul, refurbishing, as well as for 

other terms specified in ECCNs that 

control ‘‘technology.’’ The new note 2 

also does not change the definition of 

‘‘technology.’’ The note provides 

additional guidance on the application 

of the definition based on current BIS 


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practice and past interpretive guidance 

BIS has provided, along with the new 

sentence this final rule adds to the 

definition. This new note 2 clarifies that 

‘‘technology’’ not elsewhere specified 

on the CCL is designated as EAR99, 

unless the ‘‘technology’’ is subject to the 

exclusive jurisdiction of another U.S. 

Government agency or is otherwise not 

subject to the EAR as set forth in 

§ 734.4(b)(2) and (b)(3) and §§ 734.7 

through 734.11 of the EAR. 

In § 772.1, under the definition of 

‘‘use,’’ this final rule adds a note to the 

definition of ‘‘use.’’ The note does not 

change the definition of ‘‘use.’’ The note 

is limited to providing guidance on the 

application of the definition based on 

current BIS practice and past 

interpretive guidance BIS has provided. 

The new note clarifies that if an ECCN 

specifies one or more of the six elements 

of ‘‘use’’ in the heading or control text, 

only those elements specified are 

captured under that ECCN. 

In CCL Category 1 and CCL Category 

5—Part 2, this final rule reinserts the 

Product Group D heading in CCL 

Category 1 and reinserts the Product 

Groups A, B and E headings in CCL 

Category 5—Part 2. A final rule did not 

intentionally remove these Product 

Group headings from CCL Categories 1 

and 5—Part 2. It appears that either a 

final rule inadvertently removed those 

Product Group headings or that in 

making an incorporation into the Code 

of Federal Regulations (CFR) for the 

EAR, those Product Group headings 

may have inadvertently been removed. 

This final rule corrects Categories 1 and 

5—Part 2 by reinserting those Product 

Group headings. BIS became aware of 

this issue when confirming that the 

incorporations for the Product Group 

headings were fully implemented for 

the April 16 rule. 

EAR Conforming Changes Required by 

Amendment to ITAR 

This final rule makes two conforming 

changes to the EAR in § 746.1(b)(2) and 

Supplement No. 1 to part 740 as a result 

of a final rule published by the 

Department of State on April 17, 2014 

(79 FR 21616), titled Amendment to the 

International Traffic in Arms 

Regulations: Central African Republic. 

The State Department’s rule revised 

ITAR § 126.1 to include the Central 

African Republic in new paragraph (u), 

establishing that it is the policy of the 

United States to deny licenses or other 

approval for exports or imports of 

defense articles and defense services 

destined for or originating in the Central 

African Republic and specifying under 

what circumstances a license or other 

approval may be issued on a case-bycase basis. The April 17 rule noted that 

ITAR § 126.1(u) was being added to 

implement the United Nations arms 

embargo, adopted in United Nations 

Security Council (UNSC) Resolution 

2127 (December 5, 2013) and UNSC 

Resolution 2134 (January 28, 2014). 

This final rule revises § 746.1(b)(2) 

(Sanctions on selected categories of 

items to specific destinations), which 

identifies destinations subject to United 

Nations Security Council arms 

embargoes, by adding the Central 

African Republic. This final rule also 

revises Country Group D:5 (in 

Supplement No. 1 to part 740), which 

identifies countries subject to U.S. arms 

embargoes to add the country of Central 

African Republic. As is noted in 

footnote 1 to Country Group D:5, 

Country Group D:5 is intended to track 

with the ITAR’s § 126.1 and as additions 

or removals are made to this section of 

the ITAR, conforming changes are made 

to Country Group D:5. Because the 

Central African Republic is also subject 

to a United Nations Security Council 

arms embargo, conforming changes are 

needed in both Country Group D:5 and 

§ 746.1. 

Export Administration Act 

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 amended by 

Executive Order 13637 of March 8, 

2013, 78 FR 16129 (March 13, 2013) and 

as extended by the Notice of August 8, 

2013, 78, 2013, 78 FR 49107 (August 12, 

2013), has continued the Export 

Administration Regulations in effect 

under the International Emergency 

Economic Powers Act. BIS continues to 

carry out the provisions of the Export 

Administration Act, as appropriate and 

to the extent permitted by law, pursuant 

to Executive Order 13222 as amended 

by Executive Order 13637. 

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 final rule, which is a 

consolidation of corrections and 

clarifications of final rules published in 

2013 and 2014, has been determined to 

be not significant for purposes of 

Executive Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to nor 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 regulation 

involves collections previously 

approved by OMB under control 

number 0694–0088, Simplified Network 

Application Processing System, which 

includes, among other things, license 

applications and carries a burden 

estimate of 43.8 minutes for a manual or 

electronic submission; license 

exceptions (0694–0137); recordkeeping 

(0694–0096); export clearance (0694– 

0122); and the Automated Export 

System (0607–0152). Total burden hours 

associated with the PRA and OMB 

control number 0694–0088 are expected 

to slightly decrease as a result of this 

rule when taking into account the full 

scope of corrections and clarifications 

included in this final rule. The two 

changes in this final rule that may result 

in a slight increase are (1) the 

clarification to ECCN 1A984, and (2) the 

changes made to the EAR to add the 

Central African Republic to § 746.1(b)(2) 

and in Supplement No. 1 to part 740 

under Country Group D:5 to conform to 

the addition of this country to § 126.1 of 

the ITAR. Specifically, the clarification 

that the last phrase of ECCN 1A984 also 

includes ‘‘parts’’ and ‘‘components’’ 

‘‘specially designed’’ therefor and not 

elsewhere specified may result in a 

slight increase in the number of 

applications received by BIS, although 

BIS believes the public likely was 

already treating such ‘‘specially 

designed’’ ‘‘parts’’ and ‘‘components’’ as 

pyrotechnic articles under ECCN 1A984, 

so the overall impact of this clarification 

is expected to be minimal. The addition 

of the Central African Republic to 

§ 746.1(b)(2) and to Country Group D:5 

in Supplement No. 1 to part 740 is not 

expected to result in much of an 

increase in the number of license 

applications received because the 

license requirements in § 746.1(b) are in 

almost all cases redundant with the 

other EAR license requirements that 

apply to the countries identified in 

paragraph (b)(2), such as Crime Control. 

The addition of the Central African 

Republic to Country Group D:5 for the 

‘‘600 series’’ will impose significant 

restrictions, but the overall impact on 

licenses received is anticipated to be 


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32622 Federal Register / Vol. 79, No. 108 / Thursday, June 5, 2014 / Rules and Regulations 

minimal. You may send comments 

regarding the collection of information 

associated with this rule, including 

suggestions for reducing the burden, to 

Jasmeet K. Seehra, Office of 

Management and Budget (OMB), by 

email to Jasmeet_K._Seehra@

omb.eop.gov, or by fax to (202) 395– 

7285. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under E.O. 13132. 

4. The Department of Commerce finds 

that there is good cause under 5 U.S.C. 

553(b)(3)(B) to waive the provisions of 

the Administrative Procedure Act 

otherwise requiring prior notice and the 

opportunity for public comment 

because they are unnecessary. The 

majority of the revisions made by this 

rule are administrative in nature and do 

not affect the privileges and obligations 

of the public. These revisions in this 

rule are important to get in place as 

soon as possible to avoid confusion by 

the public regarding the intent and 

meaning of recent changes to the EAR 

without harming anyone’s substantive 

rights. The Department also finds that 

there is good cause under 5 U.S.C. 

553(b)(3)(A) to waive the provisions of 

the Administrative Procedure Act 

requiring notice and comment because 

these changes are limited to providing 

guidance on existing interpretations of 

current EAR provisions. These changes, 

which are described above, include the 

revisions to §§ 736.2, 740.2(a)(13), 

742.6(b)(1), 746.3(c), 750.7, 

750.7(c)(1)(ix), 758.1(f)(2), 758.4(d), 

772.1 for the definitions of ‘‘specially 

designed,’’ ‘‘technology’’ and ‘‘use’’ and 

ECCN 1A984. These revisions in this 

rule are important to get in place as 

soon as possible so the public will be 

aware of these existing interpretations of 

current EAR provisions. Because these 

revisions are not substantive changes to 

the EAR, the 30-day delay in 

effectiveness otherwise required by 5 

U.S.C. 553(d) is not applicable. No other 

law requires that a notice of proposed 

rulemaking and opportunity for public 

comment be given for this rule. The 

analytical requirements of the 

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

et seq.) are not applicable. 

5. Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

given for these amendments 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. 

6. With respect to amendments to 

§ 740.11, the Department also finds that 

the provisions of the Administrative 

Procedure Act (5 U.S.C. 553) requiring 

prior notice, the opportunity for public 

comment and a delay in effective date 

are inapplicable because this 

amendment involves a military or 

foreign affairs function of the United 

States (see 5 U.S.C. 553(a)(1)). BIS, with 

the concurrence of the U.S. Departments 

of Defense and State, is amending 

§ 740.11 to allow items subject to the 

EAR to be exported, reexported or 

transferred (in-country) to, and in 

support of, specific cooperating 

governments or agencies of NATO for 

their official use. Under the existing 

regulations, cooperating governments 

could already receive exports of these 

items. The changes being made to 

§ 740.11 add NATO and its agencies to 

the list of recipients and, in furtherance 

of the objectives of NATO, the United 

States, and its allies, the rule clarifies 

that reexports and transfers (in-country) 

are authorized by this license exception 

when for their official use wherever the 

items are needed. 

Immediate allowance of a license 

exception is necessary to effect this 

amendment’s national security and 

foreign policy goals of allowing NATO 

and cooperating governments to receive 

items subject to the EAR for military 

purposes, to users and for uses that 

support the national security of the 

United States and its allies. In the 

alternative, BIS finds good cause under 

5 U.S.C. 553(b)(3)(B) to forgo prior 

notice and the opportunity for public 

comment. In addition to the reasons 

described above, if BIS delayed this rule 

to allow for prior notice and 

opportunity for public comment, the 

resulting delay in applying for and 

receiving licenses could pose a national 

security threat, thereby undermining the 

purpose of the rule. 

In addition, BIS finds good cause to 

waive the 30-day delay in effectiveness 

under 5 U.S.C. 553(d)(3). Immediate 

implementation will allow NATO and 

cooperating governments to receive and 

use these items to assist the national 

security of the United States and its 

allies. If BIS delayed this rule to allow 

for a 30-day delay in effectiveness, the 

resulting delay in implementation 

would create a delay and possible 

negative impacts on the United States’ 

support of NATO and its allies similar 

to delays this rule is seeking to avoid by 

allowing a license exception for these 

transactions. 

Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

given for these changes 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. 

7. The Department finds that there is 

good cause under 5 U.S.C. 553(b)(3)(B) 

to waive the provisions of the 

Administrative Procedure Act requiring 

prior notice and the opportunity for 

public comment because they are either 

unnecessary or contrary to the public 

interest. This rationale applies to the 

changes in §§ 740.10, 740.20 and in 

Supplement No. 1 to part 774 under 

ECCNs 9A610.y and 9A619.y. The 

rationale also applies to the reinsertion 

of text removed in ECCNs 2B352, 

5A980, 6A002 and 9A120 to correct 

oversights in the October 4 rule that 

mistakenly did not take into account 

edits to the underlying ECCN text or 

redesignation of paragraphs in those 

four ECCNs in earlier final rules. These 

revisions are non-substantive, only 

clarifying the regulations and thus prior 

notice and the opportunity for public 

comment is unnecessary. Because a 

notice of proposed rulemaking and an 

opportunity for public comment are not 

required to be given for these 

amendments 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 Parts 736, 738 and 772 

Exports. 

15 CFR Parts 740, 748, 750 and 758 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

15 CFR Part 762 

Administrative practice and 

procedure, Business and industry, 

Confidential business information, 

Exports, Reporting and recordkeeping 

requirements. 

15 CFR Parts 746 and 774 

Exports, Reporting and recordkeeping 

requirements. 

Accordingly, parts 736, 738, 740, 742, 

744, 746, 748, 750, 758, 762, 772 and 

774 of the Export Administration 

Regulations (15 CFR parts 730–774) are 

amended as follows: 

PART 736—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 736 is revised to read as follows: 

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

U.S.C. 1701 et seq.; 22 U.S.C. 2151 note; E.O. 


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

950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 

Comp., p. 219; E.O. 13026, 61 FR 58767, 3 

CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 

44025, 3 CFR, 2001 Comp., p. 783; E.O. 

13338, 69 FR 26751, 3 CFR, 2004 Comp., p. 

168; Notice of August 8, 2013, 78 FR 49107 

(August 12, 2013); Notice of November 7, 

2013, 78 FR 67289 (November 12, 2013): 

Notice of May 7, 2014, 79 FR 26589 (May 9, 

2014). 

■ 2. Section 736.2 is amended by 

revising paragraph (b)(3)(i) to read as 

follows: 

§ 736.2 General prohibitions and 

determination of applicability. 

* * * * * 

(b) * * * 

(3) * * * 

(i) Country scope of prohibition. You 

may not, without a license or license 

exception, reexport any item subject to 

the scope of this General Prohibition 

Three to a destination in Country Group 

D:1 or E:1 (See Supplement No.1 to part 

740 of the EAR). Additionally, you may 

not, without a license or license 

exception, reexport or export from 

abroad an ECCN 0A919 commodities 

subject to the scope of this General 

Prohibition Three to a destination in 

Country Group D:1, D:3, D:4, D:5 or E:1. 

* * * * * 

■ 3. Supplement No. 1 to part 736, 

under paragraph (e) (General Order No. 

5), is amended by redesignating 

paragraph (a) as paragraph (e)(1); 

paragraph (b) as paragraph (e)(2); 

paragraph (b)(1) as paragraph (e)(2)(i); 

paragraph (b)(2) as paragraph (e)(2)(ii); 

paragraph (c) as paragraph (e)(3); and 

paragraph (d) as paragraph (e)(4), 

respectively. 

■ 4. Supplement No. 2 to Part 736 is 

amended by removing the phrase 

‘‘Administration Order’’ in 

Administrative Order Two under 

paragraph (a)(3) introductory text and 

adding in its place the phrase 

‘‘Administrative Order’’. 

PART 738—[AMENDED] 

■ 5. The authority citation for 15 CFR 

part 738 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 8, 2013, 78 

FR 49107 (August 12, 2013). 

■ 6. Section 738.4 is amended by 

revising paragraph (b)(2) to read as 

follows: 

§ 738.4 Determining whether a license is 

required. 

* * * * * 

(b) * * * 

(2) Sample CCL entry. 

2A000: Entry heading. 

License Requirements 

REASON FOR CONTROL: NS, NP, AT 

Control(s) 

Country chart 

(see supp. No. 

1 to part 738). 

NS applies to entire entry ..... NS Column 2. 

NP applies to 2A000.b .......... NP Column 1. 

AT applies to entire entry ..... AT Column 1. 

List Based License Exceptions (See 

Part 740 for a description of all license 

exceptions) 

LVS: $5,000. 

GBS: Yes. 

CIV: N/A. 

List of Items Controlled 

Related Controls: N/A. 

Related Definitions: N/A. 

Items: a. Having x. 

b. Having z. 

* * * * * 

PART 740—[AMENDED] 

■ 7. The authority citation for 15 CFR 

part 740 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. 7201 et seq.; 

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 8, 2013, 78 

FR 49107 (August 12, 2013). 

■ 8. Section 740.2 is amended: 

■ a. In paragraph (a)(5)(i) by removing 

phrase ‘‘§ 740.9(a)(2)(ii)’’ and adding in 

its place ‘‘§ 740.9(a)(4)’’; 

■ b. In paragraph (a)(5)(ii) by removing 

phrase ‘‘§ 740.9(a)(2)(ii)’’ and adding in 

its place ‘‘§ 740.9(a)(4)’’; and 

■ c. By revising the last sentence in the 

introductory text of paragraph (a)(13) 

and paragraph (a)(13)(vi) to read as 

follows: 

§ 740.2 Restrictions on all license 

exceptions. 

(a) * * * 

* * * * * 

(13) * * * Only the following license 

exceptions may be used to export ‘‘600 

series’’ items to destinations other than 

those identified in Country Group D:5 

(see Supplement No.1 to part 740 of the 

EAR): 

* * * * * 

(vi) License Exception STA under 

§ 740.20(c)(1) of the EAR, provided all 

of the applicable terms and conditions, 

including those specific to the ‘‘600 

series’’ are met. 

* * * * * 

§ 740.9 [Amended] 

■ 9. Section 740.9 is amended: 

■ a. By revising the heading of 

paragraph (a)(6) to read ‘‘Inspection, 

test, calibration, and repair.’’; and 

■ b. In paragraph (c)(8) by removing the 

phrase ‘‘paragraphs (a) through (e)’’ and 

adding in its place ‘‘paragraphs (a) 

through (d)’’. 

■ 10. Section 740.10 is amended: 

■ a. By revising the first sentence of 

paragraph (a)(2)(ii); 

■ b. By revising the second sentence of 

paragraph (a)(4)(i); 

■ c. By revising paragraph (b)(1); 

■ d. By revising paragraph (b)(3) 

introductory text; and 

■ e. By revising the introductory text of 

paragraph (b)(3)(ii) to read as follows: 

§ 740.10 License Exception Servicing and 

replacement of parts and equipment (RPL). 

* * * * * 

(a) * * * 

(2) * * * 

(ii) Parts, components, accessories, 

and attachments may be exported only 

to replace, on a one-for-one basis, parts, 

components, accessories, or 

attachments, respectively, contained in 

commodities that were: Lawfully 

exported from the United States; 

lawfully reexported; or made in a 

foreign country incorporating 

authorized parts, components, 

accessories, or attachments ‘‘subject to 

the EAR’’ (see § 734.2(a) of the EAR). 

* * * 

(iii) * * * 

* * * * * 

(4) * * * 

(i) * * * A party reexporting one-forone replacement parts, components, 

accessories, or attachments ‘‘subject to 

the EAR’’ shall ensure that the 

commodities being repaired were 

shipped to their present location in 

accordance with U.S. law and continue 

to be lawfully used, and that either 

before or promptly after reexport of the 

replacement parts, components, 

accessories, or attachments, the replaced 

commodities and software are either 

destroyed or returned to the United 

States, or to the foreign firm in Country 

Group B (see Supplement No. 1 to this 

part) that shipped the replacement 

parts. 

* * * * * 

(b) * * * (1) Scope. The provisions of 

this paragraph (b) authorize the export 

and reexport to any destination, except 

for ‘‘600 series’’ items to destinations 

identified in Country Group D:5 (see 


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Supplement No. 1 to this part) or 

otherwise prohibited under the EAR, of 

commodities and software that were 

sent to the United States or to a foreign 

party for servicing and replacement of 

defective or unacceptable commodities 

and software ‘‘subject to the EAR’’ (see 

§ 734.2(a) of the EAR). 

* * * * * 

(3) Replacements for defective or 

unacceptable equipment ‘‘subject to the 

EAR.’’ 

* * * * * 

(ii) In addition to the general 

conditions in paragraph (b)(3)(i) of this 

section, the following conditions apply 

to exports or reexports of replacements 

for defective or unacceptable 

commodities or software ‘‘subject to the 

EAR’’ (see § 734.2(a) of the EAR) to a 

destination in Country Group B or 

Country Group D:1 (see Supplement No. 

1 to this part): 

* * * * * 

■ 11. Section 740.11 is amended: 

■ a. By revising the section heading; 

■ b. By revising paragraph (c) heading; 

■ c. By revising paragraph (c)(1); 

■ d. By redesignating paragraph (c)(2)(ii) 

as paragraph (c)(2)(iii); 

■ e. By adding new paragraph (c)(2)(ii); 

and 

■ f. By revising paragraphs (c)(3)(i), 

(c)(3)(v), and (c)(3)(vi), to read as 

follows: 

§ 740.11 Governments, international 

organizations, international inspections 

under the Chemical Weapons Convention, 

and the International Space Station (GOV). 

* * * * * 

(c) Cooperating Governments and the 

North Atlantic Treaty Organization. (1) 

Scope. The provisions of this paragraph 

(c) authorize exports, reexports, and 

transfers (in-country) of the items listed 

in paragraph (c)(2) of this section to 

agencies of cooperating governments or 

agencies of the North Atlantic Treaty 

Organization (NATO). ‘Agency of a 

cooperating government’ includes all 

civilian and military departments, 

branches, missions, and other 

governmental agencies of a cooperating 

national government. Cooperating 

governments are the national 

governments of countries listed in 

Country Group A:1 (see Supplement No. 

1 to this part) and the national 

governments of Argentina, Austria, 

Finland, Hong Kong, Ireland, Korea 

(Republic of), New Zealand, Singapore, 

Sweden, Switzerland and Taiwan. 

(2) * * * 

(ii) Items for official use by agencies 

of cooperating governments for military 

purposes or NATO. With the exception 

of items excluded by paragraph (c)(3) of 

this section, this license exception is 

available for all items consigned to and 

for the official use of: 

(A) A military end user of or for the 

military end use of cooperating 

governments, or 

(B) An agency of NATO. 

* * * * * 

(3) * * * 

(i) Items on the Sensitive List (see 

Supplement No. 6 to part 774 of the 

EAR), except to or for the use by 

governments of countries listed in 

Country Group A:5 (see Supplement No. 

1 to this part) or an agency of NATO; 

* * * * * 

(v) ‘‘600 series’’ items, except to or for 

the use by governments of countries 

listed in Country Group A:5 (see 

Supplement No. 1 to this part) or an 

agency of NATO; 

(vi) Items controlled for nuclear 

nonproliferation (NP) reasons; or 

* * * * * 

§ 740.12 [Amended] 

■ 12. Section 740.12 is amended by 

redesignating footnote 2 to paragraph (a) 

as footnote 1 to paragraph (a). 

§ 740.13 [Amended] 

■ 13. Section 740.13 is amended by 

redesignating footnote 3 to paragraph 

(d)(1) as footnote 2. 

§ 740.15 [Amended] 

■ 14. Section 740.15 is amended: 

■ a. By redesignating footnote 4 and 5 to 

paragraphs (c)(1) and (c)(2) as footnotes 

3 and 4, respectively; and 

■ b. In paragraph (c)(2)(iv) by removing 

the phrase ‘‘record is filed’’. 

■ 15. Section 740.20 is amended: 

■ a. By revising paragraph (b)(3)(ii)(B); 

■ b. By revising paragraph (b)(3)(ii)(C); 

■ c. By revising the Note to paragraph 

(c)(1); 

■ d. In the introductory text of 

paragraph (d)(2) by adding a sentence to 

beginning of this paragraph after the 

paragraph heading and by revising the 

last two sentences in the introductory 

text of paragraph (d)(2); 

■ e. By redesignating paragraphs 

(d)(2)(iv), (v), (vi) and (vii), as 

paragraphs (d)(2)(v), (vi), (vii) and (viii), 

respectively; 

■ f. By adding a new paragraph 

(d)(2)(iv); 

■ g. By revising newly redesignated 

paragraph (d)(2)(vii)(B); 

■ h. By revising newly redesignated 

paragraph (d)(2)(vii)(C); and 

■ i. By adding undesignated bracketed 

text at the end of paragraph (d)(2) to 

read as follows: 

§ 740.20 License Exception Strategic 

Trade Authorization (STA). 

* * * * * 

(b) * * * 

(3) * * * 

(ii) * * * 

(B) For the ‘‘development,’’ 

‘‘production,’’ operation, installation, 

maintenance, repair, overhaul, or 

refurbishing of an item in one of the 

countries listed in Country Group A:5 or 

the United States that will be for one, or 

more, of the following purposes: 

(1) Ultimately to be used by any such 

government agencies in one of the 

countries listed in Country Group A:5 or 

the United States Government; or 

(2) Sent to a person in the United 

States and not for subsequent export 

under § 740.9(b)(1) (License Exception 

TMP for items moving in transit through 

the United States); or 

(C) The United States Government has 

otherwise authorized the ultimate end 

use, the license or other authorization is 

in effect, and the consignee verifies in 

writing that such authorization exists 

and has provided the license or other 

approval identifier to the exporter, 

reexporter or transferor (as applicable). 

* * * * * 

(c) * * * 

* * * * * 

Note to paragraph (c)(1). License Exception 

STA under § 740.20(c)(1) may be used to 

authorize the export, reexport, or transfer (incountry) of ‘‘600 series’’ items only if the 

purchaser, intermediate consignee, ultimate 

consignee, and end user have previously 

been approved on a license or other 

approval, i.e., Directorate of Defense Trade 

Controls (DDTC) Manufacturing License 

Agreement (MLA), Technical Assistance 

Agreement (TAA), Warehouse Distribution 

Agreement (WDA), or General 

Correspondence approval (GC) issued by BIS 

or DDTC at the U.S. Department of State. 

* * * * * 

(d) * * * 

(2) Prior Consignee Statement. The 

requirements in this paragraph (d)(2) 

apply to each party using License 

Exception STA to export, reexport or 

transfer (in-country), including 

reexporters and transferors of items 

previously received under License 

Exception STA. * * * Paragraphs 

(d)(2)(i) through (vi) of this section are 

required for all transactions. In addition, 

paragraph (d)(2)(vii) is required for all 

transactions in ‘‘600 series’’ items and 

paragraph (viii) of this section is 

required for transactions in ‘‘600 series’’ 

items if the consignee is not the 

government of a country listed in 

Country Group A:5 (See Supplement 

No. 1 to part 740 of the EAR). 

* * * * * 


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(iv) Agrees to obtain a prior consignee 

statement when using License 

Exception STA for any reexport or 

transfer (in-country) of items previously 

received under License Exception STA; 

* * * * * 

(vii) * * * 

(B) For the ‘‘development,’’ 

‘‘production,’’ operation, installation, 

maintenance, repair, overhaul, or 

refurbishing of an item in one of the 

countries listed in Country Group A:5 or 

the United States that will be for one, or 

more, of the following purposes: 

(1) Ultimately to be used by any such 

government agencies in one of the 

countries listed in Country Group A:5 or 

the United States Government; or 

(2) Sent to a person in the United 

States and not for subsequent export 

under § 740.9(b)(1) (License Exception 

TMP for items moving in transit through 

the United States); or 

(C) The United States Government has 

otherwise authorized the ultimate end 

use, the license or other authorization is 

in effect, and the consignee verifies in 

writing that such authorization exists 

and has provided the license or other 

approval identifier to the exporter, 

reexporter or transferor (as applicable). 

* * * * * 

[INSERT NAME AND TITLE OF 

PERSON SIGNING THIS DOCUMENT, 

AND DATE DOCUMENT IS SIGNED]. 

* * * * * 

■ 16. Supplement No. 1 to part 740, 

Country Group D is amended by adding 

a row in alphabetical order for: Central 

African Republic, and by adding an ‘‘X’’ 

under the D:5 column for the Central 

African Republic row. 

PART 742—[AMENDED] 

■ 17. 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 8, 2013, 78 FR 

49107 (August 12, 2013); Notice of November 

7, 2013, 78 FR 67289 (November 12, 2013). 

■ 18. Section 742.6 is amended by 

revising the first sentence of paragraph 

(b)(1) to read as follows: 

§ 742.6 Regional stability. 

* * * * * 

(b) * * * (1) Applications for exports 

and reexports of ‘‘600 series’’ items will 

be reviewed on a case-by-case basis to 

determine whether the transaction is 

contrary to the national security or 

foreign policy interests of the United 

States, including the foreign policy 

interest of promoting the observance of 

human rights throughout the 

world.* * * 

* * * * * 

PART 744—[AMENDED] 

■ 19. The authority citation for 15 CFR 

part 744 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; 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. 

12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 

356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 

Comp., p. 228; E.O. 13099, 63 FR 45167, 3 

CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 

44025, 3 CFR, 2001 Comp., p. 783; E.O. 

13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 

786; Notice of August 8, 2013, 78 FR 49107 

(August 12, 2013); Notice of September 18, 

2013, 78 FR 58151 (September 20, 2013); 

Notice of November 7, 2013, 78 FR 67289 

(November 12, 2013); Notice of January 21, 

2014, 79 FR 3721 (January 22, 2014). 

§ 744.17 [Amended] 

■ 20. Section 744.17 is amended in 

paragraph (e) by removing the phrase 

‘military end-uses’ and adding in its 

place ‘military end uses’ with single 

quotes. 

■ 21. Section 744.21 is amended by 

revising the section heading to read as 

follows: 

§ 744.21 Restrictions on certain ‘military 

end uses’ in the People’s Republic of China 

(PRC). 

* * * * * 

PART 746—[AMENDED] 

■ 22. The authority citation for 15 CFR 

part 746 is revised to read as follows: 

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

U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503, 

Pub. L. 108–11, 117 Stat. 559; 22 U.S.C. 6004; 

22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

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

614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 

Comp., p. 899; E.O. 13222, 66 FR 44025, 3 

CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 

26751, 3 CFR, 2004 Comp., p 168; 

Presidential Determination 2003–23 of May 

7, 2003, 68 FR 26459, May 16, 2003; 

Presidential Determination 2007–7 of 

December 7, 2006, 72 FR 1899 (January 16, 

2007); Notice of August 8, 2013, 78 FR 49107 

(August 12, 2013); Notice of May 7, 2014, 79 

FR 26589 (May 9, 2014). 

■ 23. Section 746.1 is amended by 

revising paragraph (b)(2) to read as 

follows: 

§ 746.1 Introduction. 

* * * * * 

(b) * * * 

(2) The countries subject to United 

Nations Security Council arms 

embargoes are: Central African 

Republic, Cote d’Ivoire (Ivory Coast), 

Democratic Republic of the Congo, 

Eritrea, Iran, Iraq, Lebanon, Liberia, 

Libya, North Korea, Somalia, and 

Sudan. 

* * * * * 

■ 24. Section 746.2 is amended by 

revising paragraph (a)(1)(i) to read as 

follows: 

§ 746.2 Cuba. 

(a) * * * 

(1) * * * 

(i) Temporary exports and reexports 

(TMP) by the news media (see 

§ 740.9(a)(9) of the EAR). 

* * * * * 

■ 25. Section 746.3 is amended: 

■ a. By removing the phrase ‘‘Interim 

Government of Iraq or the Multinational 

Force in Iraq’’ and adding in its place 

the phrase ‘‘Government of Iraq’’ in the 

first sentence of the introductory text of 

the section; 

■ b. By removing the phrase ‘‘Interim 

Government of Iraq or the Multinational 

Force in Iraq’’ and adding in its place 

the phrase ‘‘Government of Iraq’’ in the 

second sentence of paragraph (a)(4); and 

■ c. By revising paragraph (c) to read as 

follows: 

§ 746.3 Iraq. 

* * * * * 

(c) License exceptions. You may 

export or reexport without a license if 

your transaction meets all the 

requirements of any of the following 

License Exceptions: CIV, APP, TMP, 

RPL, GOV, GFT, TSU, BAG, AVS, or 

ENC. For specific requirements of each 

of these License Exceptions, refer to part 

740 of the EAR. Notwithstanding the 

above, this paragraph may not be 

applied to exports or reexports that 

require a license under paragraph (a)(4) 

of this section. 

* * * * * 

■ 26. Section 746.4(c)(1) is amended: 

■ a. In paragraph (c)(1) by removing the 

phrase ‘‘§ 740.9(a)(2)(viii)’’ and adding 

in its place ‘‘§ 740.9(a)(9)’’. 

■ b. In paragraph (c)(2) by removing the 

phrase ‘‘(b)(2)(i) and (b)(2)(ii)’’ and 

adding in its place ‘‘(b)(2)’’. 

§ 746.9 [Amended] 

■ 27. Section 746.9 is amended: 

■ a. In paragraph (b)(1) by removing the 

phrase ‘‘§ 740.9(a)(2)(viii)’’ and adding 

in its place ‘‘§ 740.9(a)(9)’’. 


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■ b. In paragraph (b)(2) by removing the 

phrase ‘‘§ 740.11(b)(2)(i) and (ii)’’ and 

adding in its place ‘‘§ 740.11(b)(2)’’. 

PART 748—[AMENDED] 

■ 28. The authority citation for 15 CFR 

part 748 continues to read as follows: 

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

U.S.C. 1701 et seq.; 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 8, 2013, 78 FR 49107 (August 12, 

2013). 

§ 748.2 [Amended] 

■ 29. Section 748.2(a)(3) is amended by 

removing the phrase ‘‘(408) 998–8805 

or’’. 

§ 748.4 [Amended] 

■ 30. Section 748.4(h) is amended by 

removing the phrase ‘‘§ 750.7(h)’’ and 

adding in its place ‘‘§ 750.7(g)’’ in the 

final sentence. 

Supplement No. 1 to Part 748 

[Amended] 

■ 31. Supplement No. 1 to part 748 is 

amended by adding a single space 

between ‘‘(x)’’ and the word ‘‘of’’ in the 

fifth sentence at the end of Block 24. 

Supplement No. 7 to Part 748 

[Amended] 

■ 32. Supplement No. 7 to part 748 

(Authorization Validated End-User 

(VEU): List of Validated End-Users, 

Respective Items Eligible for Export, 

Reexport and Transfer, and Eligible 

Destinations) is amended by adding the 

citation ‘‘78 FR 54752, 9/6/13.’’ at the 

end of the entry in the ‘‘Federal Register 

Citation’’ Column for VEU ‘‘Lam 

Research Service Co., Ltd.’’ in ‘‘China, 

(Peoples Republic of)’’. 

PART 750—[AMENDED] 

■ 33. The authority citation for part 750 

continues to read as follows: 

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

U.S.C. 1701 et seq.; Sec 1503, Pub. L. 108– 

11, 117 Stat. 559; E.O. 13026, 61 FR 58767, 

3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 

FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 

13637 of March 8, 2013, 78 FR 16129 (March 

13, 2013); Presidential Determination 2003– 

23 of May 7, 2003, 68 FR 26459, May 16, 

2003; Notice of August 8, 2013, 78 FR 49107 

(August 12, 2013). 

■ 34. Section 750.7 is amended: 

■ a. By revising paragraph (c)(1)(ix); and 

■ b. By adding paragraph (c)(2) to read 

as follows: 

§ 750.7 Issuance of licenses. 

* * * * * 

(c) * * * 

(1) * * * 

(ix) Direct exports, reexports, or 

transfers (in-country) to and among 

approved end users and the ultimate 

consignee on a license, provided those 

end users and ultimate consignee are 

listed by name and location on such 

license and the license does not contain 

any conditions specific to the ultimate 

consignee that cannot be complied with 

by the end user, such as a reporting 

requirement that must be made by the 

ultimate consignee. Reexports and 

transfers (in-country) among approved 

end users may be further limited by 

license conditions. 

(2) In some circumstances, BIS may 

authorize changing the name of a person 

listed on a license (i.e., name of 

exporter, reexporter, purchaser, 

intermediate consignee, ultimate 

consignee or end user), provided the 

pertinent person has not undergone a 

change in ownership, including merger 

or acquisition, or any other change in 

legal status since the time the license 

was issued. In order to rely on this 

paragraph (c)(2), BIS must have 

approved the name change in response 

to an advisory opinion request 

submitted by the licensee pursuant to 

§ 748.3(c) of the EAR and the 

instructions below. 

(i) The advisory opinion request must 

be submitted on the licensee’s company 

letterhead and include the following 

information: 

(A) The title of the advisory opinion, 

in this format: ‘‘License name change 

notification and review request;’’ 

(B) All license numbers subject to the 

notification and review request (either 

in the letter or as a separate attachment); 

(C) The name(s) changing on the 

license(s) (include the original and new 

names), and when the name(s) are 

changing (either in the letter or as a 

separate attachment); 

(D) Any background information 

available on the reasons for the name 

change(s) (e.g., press releases from the 

person changing its name(s)); and 

(E) A statement regarding whether 

there has been a change in ownership, 

including a merger or acquisition, or 

any other change in legal status 

regarding the person(s) changing its 

name(s). 

(F) Confirmation that, if the request is 

approved, the licensee will share the 

advisory opinion response from BIS 

with all other persons listed on the 

license, and inform those persons that 

the advisory opinion response must be 

retained pursuant to the recordkeeping 

requirements in part 762 of the EAR. 

(ii) If BIS determines the name change 

is not a material change to the license 

and approves the request to change the 

name(s) on the license, BIS will send a 

written response to the licensee who 

submitted the notification. If BIS does 

not approve the request to change the 

name(s) on the license, BIS will send a 

written response to the licensee who 

submitted the notification. 

(iii) For guidance on using an export 

license with approved name changes, 

see § 758.4(d) (Exports against license 

with approved name change). 

(iv) If a license name change 

notification and review request is 

denied by BIS or the licensee 

determines that there has been a 

material change to the license, such as 

a change in ownership of a person on 

the license, including merger or 

acquisition, or any other change in legal 

status since the time the license was 

issued, a new license application should 

be submitted. 

* * * * * 

PART 758—[AMENDED] 

■ 35. The authority citation for part 758 

continues to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

8, 2013, 78 FR 49107 (August 12, 2013). 

■ 36. Section 758.1 is amended: 

■ a. In paragraph (b)(3) by adding the 

phrase ‘‘or otherwise described’’ after 

the term ‘‘enumerated’’; 

■ b. In paragraph (c)(6) by removing the 

phrase ‘‘§ 740.9(a)(2)(i)’’ and adding in 

its place ‘‘§ 740.9(a)(1)’’; and 

■ c. By revising paragraph (f)(2) to read 

as follows: 

§ 758.1 The Electronic Export Information 

(EEI) filing to the Automated Export System 

(AES). 

* * * * * 

(f) * * * 

(2) Statements on the EEI filing are in 

conformity with the contents of any 

license issued by BIS, with the possible 

exception of the USPPI and USPPI 

identification blocks in routed 

transactions or any name change 

approved by BIS in writing in 

accordance with § 750.7(c)(2) of the 

EAR; and 

* * * * * 

■ 37. Section 758.4 is amended by 

adding paragraph (d) to read as follows: 

§ 758.4 Use of export license. 

* * * * * 

(d) Exports against license with 

approved name changes. If you are 

exporting against a license with 

approved name changes under 

§ 750.7(c)(2) of the EAR, prior to using 

that export license you are required to 

include in the respective name field in 


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AES (e.g., in the USPPI name field in 

AES), the new name followed by the 

original name in this format ‘‘[new 

name] f.k.a. [original name].’’ This 

reporting requirement would be 

completed by the authorized filer of the 

electronic export information (EEI) in 

AES. Although not required, the 

exporter may include a copy of the BIS 

written response approving the nonmaterial name changes in accordance 

with § 750.7(c)(2) of the EAR. If the 

items have already been exported 

against the license by the time the name 

changes are approved, you are not 

required to report this additional 

information in AES, but you still must 

follow the recordkeeping requirements 

in part 762 of the EAR. 

PART 762—[AMENDED] 

■ 38. The authority citation for 15 CFR 

part 762 continues to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

8, 2013, 78 FR 49107 (August 12, 2013). 

■ 39. Section 762.2 is amended: 

■ a. In paragraph (b)(9) by removing 

‘‘§ 740.13(f)’’ and adding in its place 

‘‘§ 740.13(h)’’; 

■ b. By revising paragraph (b)(13); 

■ c. By removing the word ‘‘and’’ at the 

end of paragraph (b)(50); 

■ d. By removing the period ‘‘.’’ at the 

end of paragraph (b)(51) and adding in 

its place a semi-colon ‘‘;’’; and 

■ e. By adding paragraphs (b)(52) and 

(b)(53) to read as follows: 

§ 762.2 Records to be retained. 

* * * * * 

(b) * * * 

(13) § 743.4(c)(1) and (c)(2), 

Conventional arms reporting; 

* * * * * 

(52) § 744.15(b), UVL statement as 

well as any logs or records created for 

multiple exports, reexports, and 

transfers (in-country); and 

(53) § 750.7(c)(2), Notification of name 

change by advisory opinion request. 

* * * * * 

PART 772—[AMENDED] 

■ 40. The authority citation for 15 CFR 

part 772 continues to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

8, 2013, 78 FR 49107 (August 12, 2013). 

■ 41. Section 772.1 is amended: 

■ a. In the definition of ‘‘specially 

designed’’ by removing the word ‘‘a’’ 

immediately before the phrase 

‘‘achieving or exceeding’’ in the fourth 

sentence of Note to paragraph (a)(1); 

■ b. In the definition of ‘‘technology’’ by 

adding a sentence to the end of the 

definition, and by redesignating the 

Note as Note 1 and by adding a new 

Note 2; and 

■ c. In the definition of ‘‘use’’ by adding 

a new Note to read as follows: 

§ 772.1 Definitions of terms as used in the 

Export Administration Regulations (EAR). 

* * * * * 

Technology. * * * ‘‘Technology’’ also 

is specific information necessary for any 

of the following: Operation, installation 

(including on-site installation), 

maintenance (checking), repair, 

overhaul, refurbishing, or other terms 

specified in ECCNs on the CCL that 

control ‘‘technology.’’ 

* * * * * 

Note 2: ‘‘Technology’’ not elsewhere 

specified on the CCL is designated as EAR99, 

unless the ‘‘technology’’ is subject to the 

exclusive jurisdiction of another U.S. 

Government agency (see § 734.3(b)(1)) or is 

otherwise not subject to the EAR (see 

§ 734.4(b)(2) and (b)(3) and §§ 734.7 through 

734.11 of the EAR). 

* * * * * 

Use. * * * 

Note: If an ECCN specifies one or more of 

the six elements of ‘‘use’’ in the heading or 

control text, only those elements specified 

are classified under that ECCN. 

* * * * * 

PART 774—[AMENDED] 

■ 42. The authority citation for 15 CFR 

part 774 continues to read as follows: 

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

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

7430(e); 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 8, 2013, 78 

FR 49107 (August 12, 2013). 

■ 43. Section 774.1 is amended by 

revising paragraph (b)(3) and the Note to 

paragraph (b) to read as follows: 

§ 774.1 Introduction. 

* * * * * 

(b) * * * 

(3) The following multilateral export 

control regime reference is provided, as 

an additional point of historical 

reference: 0C201—INFCIRC 254 Part 1, 

5.3.1(b). 

Note to paragraph (b): ECCNs 0D001 and 

0E001 are ‘‘subject to the ITAR’’ (see 22 CFR 

parts 120 through 130). These ECCNs are 

retained on the CCL as cross references to the 

ITAR, although the former cross references to 

export licensing authority of the Nuclear 

Regulatory Commission (see 10 CFR part 110) 

for ECCN 0D001, and to the Department of 

Energy (see 10 CFR part 810) for 0E001 were 

removed from the Control(s) paragraph in the 

License Requirements section of these two 

ECCNs and added as a more general 

jurisdictional cross reference in a heading 

note added to these two ECCNs as of June 5, 

2014. 

* * * * * 

■ 44. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities & 

Equipment (and Miscellaneous Items), 

Export Control Classification Number 

(ECCN) 0A604 is amended by revising 

the heading, as added January 2, 2014, 

at 79 FR 282, effective July 1, 2014, to 

read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0A604 Commodities related to military 

explosive devices and charges (see List 

of Items Controlled). 

* * * * * 

■ 45. Supplement No. 1 to part 774 (the 

Commerce Control List), is amended by 

adding quotes around the phrase 

‘‘subject to the ITAR’’ wherever it 

appears in Export Control Classification 

Numbers (ECCNs): 0A604, 0A614, 

1A005, 1A613, 1B608, 1C239, 9D001, 

9D002, 9D003, 9D104, 9E001, 9E002, 

9E101, and 9E102, as added January 2, 

2014, at 79 FR 282–294, effective July 1, 

2014. 

■ 46. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities & 

Equipment (and Miscellaneous Items), 

Export Control Classification Number 

(ECCN) 0A606 is amended: 

■ a. By adding quotes around the term 

‘‘specially designed’’ in Note 2.a to 

paragraph a. in the ‘‘Items’’ paragraph in 

the List of Items Controlled section; 

■ b. By adding quotes around the term 

‘‘components’’ wherever it appears in 

the introductory text of Note 2 to 

paragraph a, and in Notes 2.b.1.a, 2.f, 

and y.12. in the ‘‘Items’’ paragraph in 

the List of Items Controlled section. 

■ c. By adding quotes around the term 

‘‘parts’’ ’’ in Note 2.b to paragraph a in 

the ‘‘Items’’ paragraph in the List of 

Items Controlled section; and 

■ b. By revising the heading to read as 

follows: 

0A606 Ground vehicles and related 

commodities, as follows (see List of 

Items Controlled). 

* * * * * 

■ 47. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities & 

Equipment (and Miscellaneous Items), 


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Export Control Classification Number 

(ECCN) 0A614 is amended by revising 

the heading, as added January 2, 2014, 

at 79 FR 282, effective July 1, 2014, to 

read as follows: 

0A614 Military training ‘‘equipment,’’ as 

follows (see List of Items Controlled). 

* * * * * 

■ 48. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities & 

Equipment (and Miscellaneous Items), 

Export Control Classification Number 

(ECCN) 0A617 is amended: 

■ a. By adding quotes around the terms 

‘‘components’’ and ‘‘parts’’ in the 

‘‘Related Controls’’ paragraph (6) in the 

List of Items Controlled section; 

■ b. By adding quotes around the term 

‘‘specially designed’’ in the ‘‘Related 

Controls’’ paragraph (10) in the List of 

Items Controlled section; and 

■ c. By adding a ‘‘Related Definitions’’ 

paragraph after the ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

Section to read as follows: 

0A617 Miscellaneous ‘‘equipment,’’ 

materials, and related commodities (see 

List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Related Definitions: N/A 

* * * * * 

■ 49. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities & 

Equipment (and Miscellaneous Items), 

Export Control Classification Number 

(ECCN) 0A918 is amended by revising 

the heading to read as follows: 

0A918 Miscellaneous military equipment 

not on the Wassenaar Munitions List 

(see List of Items Controlled). 

* * * * * 

■ 50. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities & 

Equipment (and Miscellaneous Items), 

Export Control Classification Number 

(ECCN) 0A988 is amended by further 

revising the heading, as revised January 

2, 2014, at 79 FR 283, effective July 1, 

2014, to read as follows: 

0A988 Conventional military steel helmets 

as described by 0A018.d.1. 

* * * * * 

■ 51. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities & 

Equipment (and Miscellaneous Items), 

Export Control Classification Number 

(ECCN) 0B604 is amended by revising 

the heading, as added January 2, 2014, 

at 79 FR 283, effective July 1, 2014, to 

read as follows: 

0B604 Test, inspection, and production 

‘‘equipment’’ and related commodities 

‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ repair, 

overhaul, or refurbishing of 

commodities in ECCN 0A604 or related 

defense articles in USML Category IV 

(see List of Items Controlled). 

* * * * * 

■ 52. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities & 

Equipment (and Miscellaneous Items), 

Export Control Classification Number 

(ECCN) 0B614 is amended by revising 

the heading, as added January 2, 2014, 

at 79 FR 283, effective July 1, 2014, to 

read as follows: 

0B614 Test, inspection, and production 

‘‘equipment’’ for military training 

‘‘equipment’’ and ‘‘specially designed’’ 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories’’ 

and ‘‘attachments’’ therefor, as follows 

(see List of Items Controlled). 

* * * * * 

■ 53. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities & 

Equipment (and Miscellaneous Items), 

Export Control Classification Number 

(ECCN) 0D001 is amended: 

■ a. By further revising the heading, as 

revised January 2, 2014, at 79 FR 283, 

effective July 1, 2014; 

■ b. By adding a heading note; and 

■ c. By removing the first Control(s) 

paragraph in License Requirements 

section, to read as follows: 

0D001 ‘‘Software’’ ‘‘specially designed’’ or 

modified for the ‘‘development,’’ 

‘‘production,’’ or ‘‘use’’ of commodities 

described in 0A002. (These items are 

‘‘subject to the ITAR.’’ See 22 CFR parts 

120 through 130.) 

Heading Note: Certain ‘‘software’’ for the 

‘‘development,’’ ‘‘production,’’ or ‘‘use’’ of 

nuclear related commodities is subject to the 

export licensing authority of the Nuclear 

Regulatory Commission (see 10 CFR part 

110). 

* * * * * 

■ 54. Supplement No. 1 to part 774 (the 

Commerce Control List), is amended by 

adding the phrase ‘‘(see List of Items 

Controlled).’’ at the end of the headings 

in Export Control Classification 

Numbers (ECCN): 0D604, 0E604, 1D608, 

1E608, 9D604, and 9E604, as added 

January 2, 2014, at 79 FR 284–294, 

effective July 1, 2014. 

■ 55. Supplement No. 1 to part 774 (the 

Commerce Control List), is amended by 

adding a period at the end of the 

headings in Export Control 

Classification Numbers (ECCN): 0D614, 

0E614, 1B608, 1B613, 1C018, 1D018, 

1D613, 1E001, 1E101, 1E201, 9A604, 

9B115, 9B116, 9B604, 9D001, 9D002, 

9D003, 9D104, 9E001, 9E101, and 

9E102, as added January 2, 2014, at 79 

FR 284–294, effective July 1, 2014. 

■ 56. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities & 

Equipment (and Miscellaneous Items), 

Export Control Classification Number 

(ECCN) 0E001 is amended: 

■ a. By further revising the heading, as 

revised January 2, 2014, at 79 FR 284, 

effective July 1, 2014; 

■ b. By adding a heading note; and 

■ c. By removing the first Control(s) 

paragraph in the License Requirements 

section to read as follows: 

0E001 ‘‘Technology,’’ according to the 

Nuclear Technology Note, for the 

‘‘development,’’ ‘‘production,’’ or ‘‘use’’ 

of items described in 0A002, or 0D001. 

Heading Note: ‘‘Technology’’ for certain 

items subject to the export licensing authority 

of the Nuclear Regulatory Commission (see 

10 CFR part 110) is subject to the export 

licensing authority of the Department of 

Energy (see 10 CFR part 810). 

* * * * * 

■ 57. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities & 

Equipment (and Miscellaneous Items), 

Export Control Classification Number 

(ECCN) 0E018 is amended by adding a 

period after the phrase ‘‘for items 

formerly controlled by 0A018.a’’ in the 

Note to the ‘‘items’’ paragraph in the 

List of Items Controlled section. 

■ 58. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities & 

Equipment (and Miscellaneous Items), 

Export Control Classification Number 

(ECCN) 0E614 is amended by adding a 

comma between the terms ‘‘repair’’ and 

‘‘overhaul’’ in the ‘‘items’’ paragraph a 

in the List of Items Controlled section, 

as added January 2, 2014, at 79 FR 285, 

effective July 1, 2014. 

■ 59. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, add the Product 

Group D heading ‘‘SOFTWARE’’ 

immediately before Export Control 

Classification Number (ECCN) 1D001. 

■ 60. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms’’ and ‘‘Toxins,’’ the 

Technical Note introductory text after 

the Product Group C: ‘‘Materials’’ 

heading is amended by removing 


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‘‘1C012’’ and adding in its place 

‘‘1C011’’. 

■ 61. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms’’ and ‘‘Toxins,’’ Export 

Control Classification Number (ECCN) 

1A001 is amended by adding quotes 

around ‘‘specially designed’’ in the 

‘‘Related Controls’’ paragraph (1) in the 

List of Items Controlled section. 

■ 62. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms’’ and ‘‘Toxins,’’ Export 

Control Classification Number (ECCN) 

1A004 is amended by removing the term 

‘‘agent’’ and adding in its place the term 

‘‘agents’’ in Technical Note 1 to the 

‘‘items’’ paragraph in the List of Items 

Controlled section. 

■ 63. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms’’ and ‘‘Toxins,’’ Export 

Control Classification Number (ECCN) 

1A007 is amended by adding quotes 

around the term ‘‘specially designed’’ in 

the heading and in the ‘‘Related 

Controls’’ paragraph in the List of Items 

Controlled section, as revised January 2, 

2014, at 79 FR 285, effective July 1, 

2014. 

■ 64. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms’’ and ‘‘Toxins,’’ Export 

Control Classification Number (ECCN) 

1A101 is amended by removing the term 

‘‘which’’ in the ‘‘Related Controls’’ 

paragraph (2) in the List of Items 

Controlled section. 

■ 65. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms’’ and ‘‘Toxins,’’ Export 

Control Classification Number (ECCN) 

1A613, as added January 2, 2014, at 79 

FR 286, effective July 1, 2014, is 

amended: 

■ a. By revising the heading; 

■ b. By adding ‘‘Related Controls’’ 

paragraph (3) to the ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section; and 

■ c. By revising ‘‘items’’ paragraph e and 

adding ‘‘items’’ paragraph f in the List 

of Items Controlled section. 

1A613 Armored and protective 

‘‘equipment’’ and related commodities, 

as follows (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: * * * (3) See ECCN 

9A610.g for anti-gravity suits (‘‘G-suits’’) and 

pressure suits capable of operating at 

altitudes higher than 55,000 feet above sea 

level. 

* * * * * 

Items: 

* * * * * 

e. Atmospheric diving suits ‘‘specially 

designed’’ for rescue operations for 

submarines controlled by the USML or the 

CCL. 

f. Other personal protective ‘‘equipment’’ 

‘‘specially designed’’ for military 

applications not controlled by the USML, not 

elsewhere controlled on the CCL. 

* * * * * 

■ 66. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms’’ and ‘‘Toxins,’’ Export 

Control Classification Number (ECCN) 

1A984 is amended by revising the 

heading to read as follows: 

1A984 Chemical agents, including tear gas 

formulation containing 1 percent or less 

of orthochlorobenzalmalononitrile (CS), 

or 1 percent or less of 

chloroacetophenone (CN), except in 

individual containers with a net weight 

of 20 grams or less; liquid pepper except 

when packaged in individual containers 

with a net weight of 3 ounces (85.05 

grams) or less; smoke bombs; nonirritant smoke flares, canisters, grenades 

and charges; and other pyrotechnic 

articles (excluding shotgun shells) 

having dual military and commercial 

use, and ‘‘parts’’ and ‘‘components’’ 

‘‘specially designed’’ therefor, n.e.s. 

* * * * * 

■ 67. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms’’ and ‘‘Toxins,’’ Export 

Control Classification Number (ECCN) 

1C111 is amended by removing 

‘‘C111.c.1’’ and adding ‘‘1C111.c.1’’ in 

its place in the ‘‘Related Controls’’ 

paragraph (1) in the List of Items 

Controlled section. 

■ 68. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ 

Export Control Classification Number 

(ECCN) 1C239 is amended by revising 

the heading to read as follows: 

1C239 High explosives, other than those 

controlled by the U.S. Munitions List, or 

substances or mixtures containing more 

than 2% by weight thereof, with a 

crystal density greater than 1.8 g/cm3

and having a detonation velocity greater 

than 8,000 m/s. 

* * * * * 

■ 69. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms’’ and ‘‘Toxins,’’ Export 

Control Classification Number (ECCN) 

1C350, Item.c.12 is amended by 

removing ‘‘Ethyldiethan-olamine’’ and 

adding ‘‘Ethyldiethanolamine’’ in its 

place. 

■ 70. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms’’ and ‘‘Toxins,’’ Export 

Control Classification Number (ECCN) 

1C608 is amended by revising the 

heading, as added January 2, 2014, at 79 

FR 288, effective July 1, 2014, to read as 

follows: 

1C608 Energetic materials and related 

commodities (see List of Items 

Controlled). 

* * * * * 

■ 71. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms’’ and ‘‘Toxins,’’ Export 

Control Classification Number (ECCN) 

1D018 is amended by adding quotes 

around the term ‘‘specially designed’’ in 

the heading, as added January 2, 2014, 

at 79 FR 289, effective July 1, 2014. 

■ 72. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms’’ and ‘‘Toxins,’’ Export 

Control Classification Number (ECCN) 

1E001 is amended: 

■ a. By adding quotes around the term 

‘‘specially designed’’ in the ‘‘Related 

Controls’’ paragraph (3) in the List of 

Items Controlled section, as revised 

January 2, 2014, at 79 FR 290, effective 

July 1, 2014; and 

■ b. By removing the phrase ‘‘eight 

destinations listed in § 740.20(c)(2) of 

the EAR’’ and adding in its place 

‘‘destinations listed in Country Group 

A:6 (See Supplement No.1 to part 740 

of the EAR)’’ in the STA paragraph of 

the ‘‘Special Conditions for STA’’ 

section. 

■ 73. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

2—Materials Processing, Export Control 

Classification Number (ECCN) 2A291 is 

amended by adding quotes around the 

term ‘‘accessories’’ in the ‘‘items’’ 

paragraph d in the List of Items 

Controlled section. 


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■ 74. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

2—Materials Processing, Export Control 

Classification Number (ECCN) 2B350 is 

amended by removing the term 

‘‘include’’ and adding in its place 

‘‘includes’’ in the ‘‘Related Definitions’’ 

paragraph in the List of Items Controlled 

section. 

■ 75. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

2—Materials Processing, Export Control 

Classification Number (ECCN) 2B352 is 

amended: 

■ a. By revising ‘‘items’’ paragraph h 

and the introductory text of paragraph i 

in the List of Items Controlled section; 

and 

■ b. By revising ‘‘Technical Notes’’ 

paragraph 2 at the end of the ‘‘items’’ 

paragraph in the List of Items Controlled 

section to read as follows: 

2B352 Equipment capable of use in 

handling biological materials, as follows 

(see List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

h. Chambers designed for aerosol challenge 

testing with microorganisms, viruses, or 

toxins and having a capacity of 1 m3 or 

greater. 

i. Spraying or fogging systems and ‘‘parts’’ 

and ‘‘components’’ therefor, as follows: 

* * * * * 

Technical Notes: 

* * * * * 

2. This ECCN does not control spraying or 

fogging systems, ‘‘parts’’ and ‘‘components,’’ 

as specified in 2B352.i, that are 

demonstrated not to be capable of delivering 

biological agents in the form of infectious 

aerosols. 

* * * * * 

■ 76. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

2—Materials Processing, Export Control 

Classification Number (ECCN) 2B999 is 

amended by revising the ‘‘Related 

Controls’’ paragraph in the List of Items 

Controlled section to read as follows: 

2B999 Specific processing equipment, 

n.e.s., as follows (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: (1) See also 1B233, 

2A293, 2B001.f, 2B004, 2B009, 2B104, 

2B109, 2B204, 2B209, 2B228, 2B229, 2B231, 

and 2B350. (2) Certain nuclear related 

processing equipment is subject to the export 

licensing authority of the Nuclear Regulatory 

Commission (see 10 CFR part 110). 

* * * * * 

■ 77. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

2—Materials Processing, the Category 

2E—Materials Processing Table; 

Deposition Techniques is amended by 

removing the phrase ‘‘Dielectric 

Players’’ and adding in its place 

‘‘Dielectric layers’’ in the third column 

of the fifth row of the table. 

■ 78. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

3—Electronics, Export Control 

Classification Number (ECCN) 3A001 is 

amended by adding quotes around the 

terms ‘‘accessories’’ and ‘‘attachments’’ 

in ‘‘Related Controls’’ paragraph (2)(c) 

in the List of Items Controlled section. 

■ 79. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

3—Electronics, Export Control 

Classification Number (ECCN) 3E982 is 

amended by removing the term 

‘‘require’’ and adding in its place 

‘‘required’’ in quotes in the heading. 

■ 80. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

4—Computers, Export Control 

Classification Number (ECCN) 4A003 is 

amended by redesignating ‘‘Note 1’’ as 

‘‘Note’’ at the end of the License 

Requirements section; 

■ 81. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

5—Telecommunications and 

‘‘Information Security,’’ Part 1 

Telecommunications, Export Control 

Classification Number (ECCN) 5A001 is 

amended by adding quotes around the 

term ‘‘accessories’’ in ‘‘items’’ paragraph 

b in the List of Items Controlled section. 

■ 82. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

5—Telecommunications and 

‘‘Information Security,’’ Part 1 

Telecommunications, Export Control 

Classification Number (ECCN) 5A980 is 

amended by revising the heading to read 

as follows: 

5A980 Devices primarily useful for the 

surreptitious interception of wire, oral, 

or electronic communications, other 

than those controlled under 5A001.f.1; 

and ‘‘parts,’’ ‘‘components’’ and 

‘‘accessories’’ therefor. 

* * * * * 

■ 83. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

5—Telecommunications and 

‘‘Information Security,’’ Part 1— 

Telecommunications, Export Control 

Classification Number (ECCN) 5B001 is 

amended: 

■ a. By removing the phrase ‘‘eight 

destinations listed in § 740.20(c)(2) of 

the EAR’’ and adding in its place 

‘‘destinations listed in Country Group 

A:6 (See Supplement No.1 to part 740 

of the EAR)’’ in the STA paragraph of 

the ‘‘Special Conditions for STA’’ 

section; and 

■ b. By adding quotes around the term 

‘‘components’’ in ‘‘items’’ paragraph b 

in the List of Items Controlled section. 

■ 84. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

5—Telecommunications and 

‘‘Information Security,’’ Part 2— 

Information Security: 

■ a. Add the Product Group A heading 

‘‘END ITEMS,’’ ‘‘EQUIPMENT,’’ 

‘‘ACCESSORIES,’’ ‘‘ATTACHMENTS,’’ 

‘‘PARTS,’’ ‘‘COMPONENTS,’’ AND 

‘‘SYSTEMS’’ immediately before Export 

Control Classification Number (ECCN) 

5A002; 

■ b. Add the Product Group B heading 

TEST, INSPECTION AND 

‘‘PRODUCTION EQUIPMENT’’ 

immediately before Export Control 

Classification Number (ECCN) 5B002; 

and 

■ c. Add the Product Group E heading 

‘‘TECHNOLOGY’’ immediately before 

Export Control Classification Number 

(ECCN) 5E002. 

■ 85. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

5—Telecommunications and 

‘‘Information Security,’’ Part 2— 

Information Security, Export Control 

Classification Number (ECCN) 5A002 is 

amended by adding the word ‘‘and’’ 

before the term ‘‘components’’ in the 

heading. 

■ 86. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

6—Sensors and Lasers, Export Control 

Classification Number (ECCN) 6A002 is 

amended by revising the Special 

Conditions for STA section to read as 

follows: 

6A002 Optical sensors and equipment, and 

‘‘components’’ therefor, as follows (see 

List of Items Controlled). 

* * * * * 

Special Conditions for STA 

STA: License Exception STA may not be 

used to ship to any of the destinations listed 

in Country Group A:6 (See Supplement No. 

1 to part 740 of the EAR) any commodity in: 

6A002.a.1.a, a.1.b or a.1.c; 6A002.a.3.c, a.3.d, 

a.3.e, or a.3.f; or 6A002.b. 

* * * * * 

■ 87. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

6—Sensors and Lasers, Export Control 

Classification Number (ECCN) 6A004 is 

amended: 

■ a. By adding quotes around the term 

‘‘components’’ in the heading; and 

■ b. By adding a closing quotation mark 

after the first word in ‘‘items’’ paragraph 

c.4 in the List of Items Controlled 

section. 


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■ 88. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

6—Sensors and Lasers, Export Control 

Classification Number (ECCN) 6A998 is 

amended by removing the quotes 

around the term ‘‘major components’’ 

and adding quotes back only around the 

term ‘‘components’’ in the heading. 

■ 89. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

6—Sensors and Lasers, Export Control 

Classification Number (ECCN) 6B995 is 

amended by revising the heading to read 

as follows: 

6B995 Equipment, including tools, dies, 

fixtures or gauges, and other ‘‘specially 

designed’’ ‘‘parts,’’ ‘‘components’’ and 

‘‘accessories’’ therefor, ‘‘specially 

designed’’ or modified for any of the 

following (see List of Items Controlled). 

* * * * * 

■ 90. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

7—Navigation and Avionics, Export 

Control Classification Number (ECCN) 

7D101 is amended by removing the term 

‘‘the’’ and the period ‘‘.’’ in the MT 

entry in the License Requirements table. 

■ 91. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

8—Marine, Export Control Classification 

Number (ECCN) 8A018 is amended by 

adding quotes around the terms 

‘‘specially designed’’ and ‘‘components’’ 

wherever they appear in this ECCN. 

■ 92. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

8—Marine, Export Control Classification 

Number (ECCN) 8A609 is amended by 

removing the second semicolon at the 

end of ‘‘items’’ paragraph y.8 in the List 

of Items Controlled section. 

■ 93. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

8—Marine, Export Control Classification 

Number (ECCN) 8A620 is amended by 

adding quotes around the terms 

‘‘specially designed’’ and ‘‘components’’ 

in ‘‘items’’ paragraph f in the List of 

Items Controlled section. 

■ 94. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

8—Marine, Export Control Classification 

Number (ECCN) 8A992 is amended by 

removing ‘‘UN’’ from the Reasons for 

Control and by removing the UN entry 

in the License Requirements table. 

■ 95. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

8—Marine, Export Control Classification 

Number (ECCN) 8C609 is amended by 

revising the heading to read as follows: 

8C609 Materials ‘‘specially designed’’ for 

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

commodities controlled by 8A609 not 

elsewhere specified in the USML (see 

List of Items Controlled). 

* * * * * 

■ 96. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

8—Marine, Export Control Classification 

Number (ECCN) 8E001 is amended by 

removing the term ‘‘software’’ and 

adding the term ‘‘technology’’ in its 

place in the TSR paragraph in the List 

Based License Exceptions section. 

■ 97. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, Export 

Control Classification Number (ECCN) 

9A120 is amended by removing 

‘‘2B352.h’’ and adding in its place 

‘‘2B352.i’’ in the ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section. 

■ 98. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, Export 

Control Classification Number (ECCN) 

9A610 is amended: 

■ a. By revising ‘‘items’’ paragraph h in 

the List of Items Controlled section; 

■ b. By revising the introductory text of 

‘‘items’’ paragraph y in the List of Items 

Controlled section; and 

■ c. By adding a new paragraph y.30 to 

‘‘items’’ paragraph y in the List of Items 

Controlled section to read as follows: 

9A610 Military aircraft and related 

commodities, other than those 

enumerated in 9A991.a (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

h. Parachutes, paragliders, complete 

parachute canopies, harnesses, platforms, 

electronic release mechanisms ‘‘specially 

designed’’ for use with aircraft controlled by 

either USML paragraph VIII(a) or ECCN 

9A610.a, and ‘‘equipment’’ ‘‘specially 

designed’’ for military high altitude 

parachutists, such as suits, special helmets, 

breathing systems, and navigation 

equipment. 

* * * * * 

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

‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially 

designed’’ for a commodity subject to control 

in this ECCN or a defense article in USML 

Category VIII and not elsewhere specified in 

the USML or the CCL, and other aircraft 

commodities ‘‘specially designed’’ for a 

military use, as follows, and ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ ‘‘specially designed’’ therefor: 

* * * * * 

y.30. ‘‘Parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ for use in 

or with a commodity other than electronic 

items or navigation equipment controlled by 

ECCN 9A610.h. 

■ 99. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, Export 

Control Classification Number (ECCN) 

9A619 is amended by revising the 

introductory text of ‘‘items’’ paragraph y 

in the List of Items Controlled section to 

read as follows: 

9A619 Military gas turbine engines and 

related commodities (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

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

‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially 

designed’’ for a commodity subject to control 

in this ECCN or for a defense article in USML 

Category XIX and not elsewhere specified on 

the USML or in the CCL, and other 

commodities, as follows, and ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ ‘‘specially designed’’ therefor: 

* * * * * 

■ 100. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, Export 

Control Classification Number (ECCN) 

9A990 is amended by removing quotes 

from the term ‘‘major components’’ and 

adding quotes back only around the 

term ‘‘components’’ in ‘‘items’’ 

paragraphs b and c in the List of Items 

Controlled section. 

■ 101. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, Export 

Control Classification Number (ECCN) 

9B115 is amended by removing 

‘‘9A104’’ and adding in its place 

‘‘9A103’’ in the ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section. 

■ 102. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, Export 

Control Classification Number (ECCN) 

9B116 is amended by removing 

‘‘9A104’’ and adding in its place 

‘‘9A103’’ in the ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section. 

■ 103. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, Export 

Control Classification Number (ECCN) 

9B610 is amended by revising the 

‘‘Related Controls’’ paragraph in the List 

of Items Controlled section to read as 

follows: 

9B610 Test, inspection, and production 

‘‘equipment’’ and related commodities 

‘‘specially designed’’ for the 

‘‘development’’ or ‘‘production’’ of 

commodities enumerated or otherwise 


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described in ECCN 9A610 or USML 

Category VIII (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: USML Category VIII(h)(1) 

controls ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ ‘‘equipment,’’ and 

‘‘attachments’’ ‘‘specially designed’’ for the 

aircraft enumerated or otherwise described in 

Category VIII(h)(1), but does not control the 

commodities enumerated or otherwise 

described in ECCN 9B610. USML Category 

VIII(h)(2)–(26) controls other aircraft ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ ‘‘attachments,’’ 

‘‘equipment,’’ and ‘‘systems.’’ 

* * * * * 

■ 104. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, Export 

Control Classification Number (ECCN) 

9B619 is amended: 

■ a. By revising the heading; and 

■ b. By revising the ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section to read as follows: 

9B619 Test, inspection, and production 

‘‘equipment’’ and related commodities 

‘‘specially designed’’ for the 

‘‘development’’ or ‘‘production’’ of 

commodities enumerated or otherwise 

described in ECCN 9A619 or USML 

Category XIX (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: USML Category XIX(f)(1) 

controls ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ ‘‘equipment,’’ and 

‘‘attachments’’ ‘‘specially designed’’ for the 

engines described in Category XIX(f)(1), but 

does not control the commodities 

enumerated or otherwise described in ECCN 

9B619. USML Category XIX(f)(2)–(7) controls 

other engine ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ ‘‘attachments,’’ ‘‘equipment,’’ 

and ‘‘systems.’’ 

* * * * * 

■ 105. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, Export 

Control Classification Number (ECCN) 

9B991 is amended by revising the 

heading to read as follows: 

9B991 ‘‘Specially designed’’ ‘‘equipment,’’ 

tooling or fixtures, not controlled by 

9B001, for manufacturing or measuring 

gas turbine blades, vanes or tip shroud 

castings, as follows (see List of Items 

Controlled). 

* * * * * 

■ 106. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, Export 

Control Classification Number (ECCN) 

9E101 is amended by removing 

‘‘9A104’’ and adding in its place 

‘‘9A103’’ in the ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section. 

Supplement No. 4 to Part 774— 

[Amended] 

■ 107. In Supplement No. 4 to Part 

774—Commerce Control List Order of 

Review, under paragraph (a)(5), in the 

second to last sentence, remove the 

phrase ‘‘Steps 4a and 4b’’ and add in its 

place ‘‘Steps 4.a and 4.b’’. 

Dated: May 21, 2014. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2014–12151 Filed 6–4–14; 8:45 am] 

BILLING CODE 3510–33–P 


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