This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

8421 

Vol. 81, No. 33 

Friday, February 19, 2016 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 734, 738, 740, 742, 743, 

744, 772, and 774 

[Docket No. 140221170–5728–02] 

RIN 0694–AF75 

Revisions to the Export Administration 

Regulations (EAR): Control of Fire 

Control, Laser, Imaging, and Guidance 

and Control Equipment the President 

Determines No Longer Warrant Control 

Under the United States Munitions List 

(USML) 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule describes 

how articles the President determines 

no longer warrant control under 

Category XII (Fire Control, Laser, 

Imaging, and Guidance and Control 

Equipment) of the United States 

Munitions List (USML) of the 

International Traffic in Arms 

Regulations (ITAR) would be controlled 

under the Commerce Control List (CCL) 

of the Export Administration 

Regulations (EAR) by amending Export 

Control Classification Number (ECCN) 

7A611 and creating new ‘‘600 series’’ 

ECCNs 7B611, 7D611, and 7E611. In 

addition, for certain dual-use infrared 

detection items, this proposed rule 

would expand controls for certain 

software and technology, eliminate the 

use of some license exceptions, revise 

licensing policy, and expand license 

requirements for certain transactions 

involving military end users or foreign 

military commodities. This proposed 

rule would also harmonize provisions 

within the EAR by revising controls 

related to certain quartz rate sensors and 

uncooled thermal imaging cameras. 

DATES: Comments must be received by 

April 4, 2016. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for this 

rule using its regulations.gov docket 

number: BIS–2015–0016 

• By email directly to 

publiccomments@bis.doc.gov. Include 

RIN 0694–AF75 in the subject line. 

• By mail or delivery to Regulatory 

Policy Division, Bureau of Industry and 

Security, U.S. Department of Commerce, 

Room 2099B, 14th Street and 

Pennsylvania Avenue NW., Washington, 

DC 20230. Refer to RIN 0694–AF75. 

FOR FURTHER INFORMATION CONTACT: For 

questions regarding the ECCNs included 

in this rule, contact Dennis Krepp, 

Office of National Security and 

Technology Transfer Controls, Bureau of 

Industry and Security, Telephone: 202– 

482–1309, Email: Dennis.Krepp@

bis.doc.gov. For general questions 

regarding the proposed regulatory 

changes, contact Steven Emme, Office of 

the Assistant Secretary for Export 

Administration, Telephone: 202–482– 

5491, Email: Steven.Emme@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

This proposed rule is part of the 

Administration’s Export Control Reform 

Initiative (Initiative), the objective of 

which is to protect and enhance U.S. 

national security interests. The Initiative 

began in August 2009 when President 

Obama directed the Administration to 

conduct a broad-based review of the 

U.S. export control system to identify 

additional ways to enhance national 

security. The Department of State’s 

International Traffic in Arms 

Regulations (ITAR) and its U.S. 

Munitions List (USML) are being 

amended to control only the items that 

provide the United States with a critical 

military or intelligence advantage or 

otherwise warrant such controls, and 

the Export Administration Regulations 

(EAR) are being amended to control 

military items that do not warrant 

USML controls. These changes will 

enhance national security by (i) 

improving interoperability of U.S. 

military forces with allied countries, (ii) 

strengthening the U.S. industrial base 

by, among other things, reducing 

incentives for foreign manufacturers to 

design out and avoid U.S.-origin content 

and services, and (iii) allowing export 

control officials to focus government 

resources on transactions that pose 

greater concern. 

Pursuant to section 38(f) of the Arms 

Export Control Act (AECA), the 

President is obligated to review the 

USML ‘‘to determine what items, if any, 

no longer warrant export controls 

under’’ the AECA. The President must 

report the results of the review to 

Congress and wait 30 days before 

removing any such items from the 

USML. The report must ‘‘describe the 

nature of any controls to be imposed on 

that item under any other provision of 

law.’’ 22 U.S.C. 2778(f)(1). 

Following the structure set forth in 

the final rule entitled ‘‘Revisions to the 

Export Administration Regulations: 

Initial Implementation of Export Control 

Reform’’ (78 FR 22660, April 16, 2013) 

(‘‘April 16 (initial implementation) 

rule’’), BIS published a proposed rule 

entitled ‘‘Revisions to the Export 

Administration Regulations (EAR): 

Control of Fire Control, Range Finder, 

Optical, and Guidance and Control 

Equipment the President Determines No 

Longer Warrant Control Under the 

United States Munitions List (USML)’’ 

(80 FR 25798, May 5, 2015) (‘‘May 5 

proposed rule’’). That proposed rule was 

published in conjunction with a 

proposed rule published by the 

Department of State’s Directorate of 

Defense Trade Controls (DDTC) to 

propose controls for the ITAR’s USML 

Category XII. 

The proposed changes described in 

this proposed rule and the 

corresponding changes in the State 

Department’s proposed amendment to 

USML Category XII are based, in part, 

on a review of public comments 

submitted in response to the May 5 

proposed rule. The review of the 

comments on USML Category XII by the 

Departments of Commerce, Defense, 

Homeland Security, and State 

(hereinafter, ‘‘the agencies’’ or the 

‘‘interagency review’’) focused on 

identifying those types of articles that 

provide the United States with a critical 

military or intelligence capability and 

that are not currently in normal 

commercial use. It is the intent of the 

above agencies that the proposed USML 

Category XII and corresponding 600 

series ECCNs not control items in 

normal commercial use. Such items 

should be controlled under existing 

dual-use controls on the CCL, consistent 

with the Wassenaar Arrangement List of 

Dual-Use Goods and Technologies. 

However, if the proposed entries in 


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USML Category XII or corresponding 

600 series ECCNs include items in 

normal commercial use, then the public 

is encouraged to submit comments 

identifying such entries and examples of 

commercial items captured by those 

entries. 

To address concerns regarding the 

sensitivity of certain dual-use items 

related to infrared detection capability, 

this proposed rule would add 

restrictions to the export or reexport of 

several sensors and cameras, and related 

software and technology, that provide 

important night vision capability for 

military use but are also widely used in 

civil products and applications. These 

proposed restrictions include amending 

the availability of certain license 

exceptions, including TSR, APR, and 

STA; expanding the license requirement 

in § 744.9 and scope of ECCN 0A919; 

adding new ECCN 0E987 for the 

development or production of 

commodities controlled by 0A987 that 

incorporate a focal plane array or image 

intensifier tube; expanding software 

controls related to items in ECCNs 

6A002 and 6A003 by revising ECCNs 

6D002, 6D003, and 6D991; and 

expanding the scope of read-out 

integrated circuits controlled under 

ECCN 6A990 and related software and 

technology in ECCNs 6D991 and 6E990. 

This proposed rule would also revise 

controls pertaining to cameras classified 

under ECCN 6A993.a as a result of 

meeting the criteria to Note 3.a to ECCN 

6A003.b.4.b (i.e., having a maximum 

frame rate equal to or less than 9 Hz). 

The interagency review found that these 

9 Hz cameras have been incorporated 

into foreign military commodities. As a 

result, this proposed rule would amend 

§ 744.9 to include such 9 Hz cameras 

and subject them to the license 

requirements described in that section. 

Additionally, this proposed rule would 

create new ECCN 0E987 to control 

technology required for the 

development or production of ECCN 

0A987 commodities that incorporate a 

focal plane array or image intensifier 

tube. 

As a result of the interagency review, 

BIS believes that a limited number of 

military items, primarily less-sensitive 

parts and components, should move 

from USML Category XII to the 600 

series entries proposed in this rule. This 

proposed rule would create (or revise in 

the case of 7A611) the following ‘‘600 

series’’ ECCNs: 7A611, military fire 

control, laser, imaging, and guidance 

and control commodities; 7B611, test, 

inspection, and production 

commodities ‘‘specially designed’’ for 

military fire control, laser, imaging, and 

guidance and control commodities; 

7D611, software ‘‘specially designed’’ 

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

operation, or maintenance of 

commodities controlled by 7A611 or 

7B611; and 7E611, technology 

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

‘‘production,’’ operation, installation, 

maintenance, repair, overhaul or 

refurbishing of commodities controlled 

by 7A611 or 7B611, or software 

controlled by 7D611. 

In this proposed rule, all references to 

the USML are to the list of defense 

articles that are controlled for the 

purpose of export or temporary import 

pursuant to the ITAR, and not to the 

defense articles on the USML that are 

controlled by the Bureau of Alcohol, 

Tobacco, Firearms and Explosives (ATF) 

for the purpose of permanent import 

under its regulations (see 27 CFR part 

447). Pursuant to § 38(a)(1) of the AECA, 

all defense articles controlled for export 

or import are part of the USML under 

the AECA. For the sake of clarity, the 

list of defense articles controlled by 

ATF for the purpose of permanent 

import is the United States Munitions 

Import List (USMIL). The transfer of 

defense articles from the ITAR’s USML 

to the EAR’s CCL for the purpose of 

export controls does not affect the list of 

defense articles controlled on the 

USMIL under the AECA for the purpose 

of permanent import. 

BIS intends this proposed rule to be 

evaluated on its own merits, and the 

public need not review the May 5 

proposed rule to understand this action. 

Once the public comments on this rule 

are reviewed and responded to, BIS 

intends to publish a final rule. 

Public Comments in Response to the 

May 5 Proposed Rule 

BIS received 60 public comments in 

response to the May 5 proposed rule. 

Many of the comments focused on 

aspects of both the BIS proposed rule 

and the DDTC proposed rule. Generally, 

many commenters found that when the 

May 5 proposed rules used an 

unambiguous, bright line to delineate 

jurisdiction, the line was drawn in the 

wrong place. For many entries on the 

proposed USML Category XII, 

commenters found that no military 

specification or parameters were used to 

identify items warranting ITAR control. 

In addition, many commenters asserted 

that the proposed USML Category XII 

would capture items currently subject to 

the EAR, including some items that are 

currently EAR99. For other entries, 

commenters said the proposed rules 

added difficulty in determining 

jurisdiction. For instance, commenters 

indicated that new terms introduced to 

the ITAR in the proposal, such as ‘‘core’’ 

and ‘‘permanently encapsulated sensor 

assembly,’’ added new layers of 

complexity and confusion to the current 

controls. In addition, many commenters 

expressed concerns regarding new 

proposed controls in the EAR for certain 

infrared detection items and for the 

inclusion of certain items in the 

proposed 600 series entries. 

Because of these concerns, one of the 

most common themes throughout the 

comments was that the May 5 proposed 

rules would lead to or further a 

competitive disadvantage for U.S. 

companies and research institutions. 

Commenters stated that many of the 

items proposed for control under either 

the proposed USML Category XII or 600 

series entries were in normal 

commercial use and available from nonU.S. sources. To address these concerns, 

some commenters proposed additional 

parameters for various entries or 

recommended the use of ‘‘specially 

designed’’ in place of attempts to 

identify positive control parameters. 

Changes From the May 5 Proposed Rule 

To address concerns raised in the 

public comments and to further 

harmonize and simplify the EAR, this 

proposed rule makes a number of 

changes from the May 5 proposed rule. 

First, this rule does not propose to 

amend part 742 to create a new 

worldwide Regional Stability (RS) 

control for dual-use items but would 

maintain a new worldwide RS control 

for certain military technology in ECCN 

7E611.a. All other items described in 

this proposed rule that are or would be 

subject to RS controls would generally 

be subject to an RS Column 1 control, 

which imposes a license requirement for 

all destinations except Canada. For 

items the agencies believe warrant strict 

control, this proposed rule amends the 

availability of license exceptions or 

licensing policy, as described further 

below. 

This proposed rule also does not 

include controls proposed in the May 5 

proposed rule for certain maintenance, 

repair, or overhaul software or 

technology related to certain dual-use 

infrared detection commodities. Such 

controls, which were proposed in new 

ECCNs 6D994 and 6E994, would exceed 

those of the Wassenaar Arrangement, 

and based on public comments, would 

likely have resulted in extensive license 

requirements for purely commercial 

activities, such as civil automotive 

repair. 

Due to the elimination of the term 

‘‘permanent encapsulated sensor 

assembly’’ as a parameter for 

determining jurisdiction for focal plane 

arrays in DDTC’s proposed rule, this 


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proposed rule also does not include the 

definition for that term in part 772, as 

proposed in the May 5 proposed rule. 

This rule also removes references to that 

term that were proposed to be included 

in ECCN 6A002. 

With respect to the structure of the 

600 series, this proposed rule would 

create only one set of 600 series ECCNs 

corresponding to USML Category XII 

rather than two sets. The May 5 

proposed rule included a 6x615 series 

for military fire control, range finder, 

and optical items and a 7x611 series for 

military guidance and control items. In 

order to simplify controls, this proposed 

rule would only establish one set of 600 

series ECCNs, the 7x611 series, which 

would correspond to all items proposed 

for control under USML Category XII. 

Additional changes made from the 

May 5 proposed rule are discussed more 

fully below. 

Proposed Revisions To Further 

Harmonize and Simplify the EAR 

This rule proposes new revisions to 

the EAR that were not included in the 

May 5 proposed rule. In order to make 

the EAR more consistent and easier to 

apply, this proposed rule would revise 

various parts of the EAR related to 

certain QRS–11 sensors and to license 

requirements related to uncooled 

thermal imaging cameras. 

Proposed Removal of Controls Specific 

to QRS–11 Sensors 

In 2007, DDTC and BIS published 

final rules (72 FR 31452 (June 7, 2007); 

72 FR 62768 (Nov. 7, 2007)) that moved 

the licensing jurisdiction for certain 

QRS–11 quartz rate sensors from the 

ITAR to the EAR when such sensors 

were integrated into and included as an 

integral part of a Commercial Standby 

Instrument System (or aircraft 

incorporating such system) or exported 

solely for integration into such a system. 

The BIS final rule added certain QRS– 

11 sensors to ECCN 7A994 and included 

an RS Column 1 control. In addition, the 

BIS final rule amended § 734.4 to add 

certain QRS–11 sensors to the list of 

items for which there is no de minimis 

level for foreign-made items 

incorporating such content. 

While predating Export Control 

Reform (ECR), the movement of certain 

QRS–11 sensors from the ITAR to the 

EAR reflects many of the rationales for 

ECR. The sensors, while originally 

designed for military application, began 

to be used in civil aircraft prior to the 

2007 final rules. Thus, due to 

application of the see-through rule, 

State Department authorization would 

have been required for numerous 

exports and reexports involving civil 

aircraft. 

With the advent of ECR, BIS believes 

that special controls are no longer 

warranted for certain QRS–11 sensors. 

Consequently, this proposed rule would 

remove the RS Column 1 control from 

ECCN 7A994, along with references to 

certain QRS–11 sensors in the License 

Requirements Notes and Related 

Controls. To the extent that such sensors 

are not described on the USML (and the 

agencies do not believe that any of the 

sensors are described on the revised 

USML), one would follow the Order of 

Review in Supplement No. 4 to part 774 

to determine whether the sensors may 

be captured under a 600 series ECCN or 

under a dual-use ECCN. 

This proposed rule would also 

remove and reserve § 734.4(a)(3), which 

currently provides that there is no de 

minimis level for certain foreign-made 

items incorporating certain QRS–11 

sensors subject to the EAR. Depending 

on the classification of the applicable 

QRS–11 sensor, one would follow the 

applicable de minimis requirements for 

600 series items or for non-600 series 

items. In addition, this proposed rule 

would remove the restriction on the 

availability of license exceptions for 

certain QRS–11 sensors under 

§ 740.2(a)(9), and this proposed rule 

would remove references to QRS–11 

sensors classified under ECCN 7A994 in 

ECCNs 7E994 (Related Controls) and 

9A991 (License Requirement Notes and 

Related Controls). Finally, this proposed 

rule would also amend Note 1 in the 

definition of ‘‘specially designed’’ to 

remove the reference to ECCN 7A994. 

With the proposed removal of the RS 

Column 1 control, 7A994 would only be 

subject to the Anti-Terrorism reason for 

control and would not need to be 

included in Note 1. 

Proposed Amendments to License 

Requirements and License Exception 

Eligibility for Certain Uncooled Thermal 

Imaging Cameras Controlled in ECCN 

6A003 

On May 22, 2009, BIS published a 

final rule (74 FR 23941) (‘‘May 2009 

final rule’’) that revised license 

requirements and license exception 

eligibility for certain uncooled thermal 

imaging cameras in ECCN 6A003. That 

rule revised ECCN 6A003 and § 742.6 to 

make the RS Column 1 reason for 

control inapplicable for certain 

transactions for a group of countries 

(now Country Group A:1) if certain 

uncooled thermal imaging cameras are 

fully packaged for use as consumer 

ready civil products or if such cameras 

with not more than 111,000 elements 

are to be embedded in civil products by 

authorized companies. 

While BIS believes that this structure 

has been useful to address foreign 

availability concerns regarding 

uncooled thermal imaging cameras, the 

different authorization structure 

established by the May 2009 final rule 

added complexity to the regulations. 

Further, BIS believes that with the 

implementation of License Exception 

STA, the authorizations described in 

§ 742.6(a)(2)(iii) and (v) are no longer 

necessary for exports or reexports of 

certain uncooled thermal imaging 

cameras in 6A003. Thus, this proposed 

rule would remove §§ 742.6(a)(2) and 

(a)(4)(ii). Also, this proposed rule would 

remove the current distinction in ECCN 

6A003 for RS Column 1 and Column 2 

controls and subject all items in 6A003 

to the RS Column 1 reason for control. 

BIS acknowledges that this proposal 

would require a license for certain 

transactions that currently would not 

require one, but BIS believes that the 

use of STA will alleviate concerns 

regarding this change. BIS welcomes 

comments on this proposal. 

Due to the proposed changes to 

§ 742.6 and ECCN 6A003, this proposed 

rule would also amend corresponding 

footnotes (current footnotes 2 and 4) 

used in the Commerce Country Chart 

(Supplement No. 1 to part 738). In 

addition, this proposed rule would 

amend License Exception APR to 

remove references in § 740.16(b) to the 

text proposed for removal in § 742.6. 

This proposed rule would also amend 

§ 742.4 to remove similar references to 

text in § 742.6 proposed for deletion. 

Finally, this proposed rule would 

remove and reserve § 743.3, which 

describes the current reporting 

requirement created by the May 2009 

final rule. 

Proposed Revisions To Increase 

Controls for Infrared Detection Items 

Subject to the EAR 

The May 5 proposed rule included a 

number of proposed revisions to the 

EAR to address concerns regarding the 

sensitivity of certain items providing 

infrared detection capability. This 

proposed rule includes many of the 

same proposals, but with some 

differences noted below. This proposed 

rule would revise certain controls and 

policies for infrared detection items and 

foreign-made military commodities 

incorporating infrared detection items 

by amending §§ 734.4, 740.2, 740.16, 

740.20, 742.6, and 744.9 of the EAR. 


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Revisions to Section 734.4 for 0A919 

Foreign Military Commodities 

Section 734.4(a)(5) of the EAR 

currently provides that there is no de 

minimis level for foreign military 

commodities, as described in ECCN 

0A919, that incorporate certain infrared 

detection items. Since this proposed 

rule would expand the scope of items 

controlled under ECCN 0A919, as 

described further below, § 734.4(a)(5) 

would also be revised to reflect changes 

to that ECCN. However, this proposed 

rule would amend the de minimis 

treatment for 0A919 items incorporating 

infrared detection content to make them 

consistent with 0A919 items 

incorporating 600 series or 9x515 

content. Thus, under this proposed rule, 

there would be no de minimis level for 

foreign-made military commodities 

described in ECCN 0A919, which 

incorporate commodities classified 

under ECCNs 6A002, 6A003, 6A990, or 

6A993.a (that meet the criteria of Note 

3.a to ECCN 6A003.b.4.b), if the 0A919 

commodities are destined for a country 

in Country Group D:5. When destined 

for a country outside of Country Group 

D:5, such 0A919 commodities would be 

subject to the 25% de minimis 

threshold. 

Addition to Section 740.2 

Section 740.2 sets forth restrictions on 

all license exceptions, and the May 5 

proposed rule included a restriction in 

§ 740.2(a)(7) for certain 6E002 

production technology for certain 

infrared detection components in 

6A002.a.2 or a.3 as well as for 6E990 

technology. 

The interagency review re-examined 

those technologies that warranted 

additional restrictions under § 740.2. As 

a result of that review, this proposed 

rule would increase the scope of 

technology subject to the restriction by 

including certain development 

technology in ECCN 6E001. However, 

this proposed rule would also narrow 

the type of technology subject to the 

restriction to focus on technology 

related to the most sensitive dual-use 

focal plane arrays and image intensifier 

tubes in 6A002 to ensure that the 

restriction is not overly broad in 

covering technology related to all dualuse components. Thus, under this 

proposed rule, § 740.2(a)(7) would apply 

to 6E001 or 6E002 technology required 

for the development or production of 

the following focal plane arrays: photon 

detector, microbolometer detector, 

pyroelectric, or multispectral detector 

infrared focal plane arrays (IRFPAs), 

described in ECCN 6A002, having a 

peak response within the wavelength 

range exceeding 900 nm but not 

exceeding 30,000 nm, excluding lead 

sulfide or lead selenide IRFPAs having 

a peak response within the wavelength 

range exceeding 1,000 nm but not 

exceeding 5,000 nm and not exceeding 

16 detector elements. Moreover, 

§ 740.2(a)(7) would apply to 6E001 or 

6E002 technology required for the 

development or production of third 

generation image intensifier tubes or 

image intensifier tubes greater than 

third generation (e.g., EBAPS). Such 

6E001 and 6E002 technology would, 

however, remain eligible for 

§ 740.11(b)(2) of License Exception 

GOV. 

Restrictions on the Use of License 

Exception APR 

License Exception APR currently 

authorizes specified reexports of items 

subject to the EAR by certain countries 

to specified destinations without 

individual licenses from BIS. The May 

5 proposed rule would increase the 

number of items ineligible for paragraph 

(a) of APR by including all items in 

ECCNs 6A002, 6A003, and 6A990 in the 

restrictions found in paragraph (a)(2). 

This proposed rule maintains that 

proposed change. Similarly, this 

proposed rule would also add all items 

in those ECCNs to the scope of items 

subject to the restriction in paragraph 

(b)(2) on the use of paragraph (b) of 

APR. Also, this proposed rule would 

further revise paragraph (b) of APR, as 

previously described, with respect to 

certain uncooled thermal imaging 

cameras. With the proposed removal of 

paragraph (b)(3), this proposed rule also 

revises paragraph (b) by consolidating 

the list of items ineligible to be 

reexported under paragraph (b)(1) in 

one location in paragraph (b)(2). 

Restrictions on the Use of License 

Exception STA 

The EAR currently restricts the use of 

License Exception STA for specific 

commodities controlled by ECCNs 

6A002, as well as related technology 

controlled by 6E001 or 6E002, for export 

or reexport to countries listed in 

§ 740.20(c)(2). The May 5 proposed rule 

would amend § 740.20(b)(2) to remove 

License Exception STA availability for 

additional items related to infrared 

detection, and this proposed rule largely 

adopts that proposal. This rule 

maintains those proposed changes and 

would make License Exception STA 

unavailable for the following items: 

Newly-proposed technology controlled 

under ECCN 0E987; all commodities 

controlled under ECCN 6A002 or 

6A990; software controlled under ECCN 

6D002 for the ‘‘use’’ of commodities 

controlled under ECCN 6A002.b; 

software controlled under ECCN 

6D003.c; software controlled under 

ECCN 6D991 for the ‘‘development,’’ 

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

controlled under ECCNs 6A002, 6A003, 

or 6A990; technology controlled under 

ECCN 6E001 for the ‘‘development’’ of 

commodities controlled under ECCNs 

6A002 or 6A003; technology controlled 

under ECCN 6E002 for the ‘‘production’’ 

of commodities controlled under ECCNs 

6A002 or 6A003; and technology 

controlled under ECCN 6E990. 

Revisions to Licensing Policy 

As previously mentioned, this 

proposed rule does not include the 

worldwide RS control that was 

proposed in the May 5 proposed rule. 

Thus, this proposed rule also does not 

include the corresponding licensing 

policy that was proposed in the May 5 

proposed rule for § 742.6(b)(1). 

However, this proposed rule would 

revise current § 742.6(b)(1) to include 

new licensing policy for 6E001 or 6E002 

technology for the development or 

production of focal plane arrays or 

image intensifier tubes described in 

6A002, or for 6E990 technology. Such 

technology would be subject to a 

presumption of denial for license 

applications for exports or reexports to 

countries in Country Group D:5. BIS is 

proposing this change due to the 

sensitivity of such technology. 

Revisions to End-Use/End-User Controls 

Section 744.9 currently requires a 

license for the export or reexport to any 

destination other than Canada for 

cameras controlled by ECCNs 

6A003.b.3, 6A003.b.4.b, or 6A003.b.4.c 

when the exporter knows or is informed 

that the item is intended to be used by 

a ‘‘military end-user’’ or to be 

incorporated into a ‘‘military 

commodity’’ controlled by ECCN 

0A919, in addition to other applicable 

license requirements in the EAR. 

This proposed rule, like the May 5 

proposed rule, would revise § 744.9 to 

require a license for exports, reexports, 

or transfers (in-country) of commodities 

controlled by ECCN 0A987 

(incorporating items in ECCNs 6A002 

and 6A003, or certain cameras in 

6A993.a), ECCN 6A002, ECCN 6A003, 

ECCN 6A990, ECCN 6A993.a 

commodities meeting the criteria of 

Note 3.a to ECCN 6A003.b.4.b, ECCN 

8A002.d.1.c, and ECCN 8A002.d.2, 

when the exporter, reexporter, or 

transferor knows or is informed that the 

item is intended to be used by a 

‘‘military end-user’’ or to be 

incorporated into a ‘‘military 

commodity’’ controlled by ECCN 


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0A919. Commodities controlled by 

ECCN 6A993.a as a result of meeting the 

criteria of Note 3.a to ECCN 6A003.b.4.b 

are cameras with a maximum frame rate 

equal to or less than 9 Hz. Although 

these 9 Hz cameras are subject only to 

Anti-Terrorism controls, the agencies 

determined that 9 Hz cameras are used 

in foreign-made military commodities 

and thus merited inclusion in § 744.9. 

Based on public comments to the May 

5 proposed rule, this proposed rule does 

not include the license requirement for 

such items if at the time of the export, 

reexport, or transfer, the person is 

unable to determine whether the item 

will be or is intended to be used by a 

military end user or incorporated into a 

0A919 military commodity. Increasing 

the scope of § 744.9 to include both the 

unable to determine standard and the 

license requirement for 9 Hz cameras 

(which are often low-cost consumer 

goods sold through distributors or 

storefronts) would have triggered 

extensive license requirements due to 

the inability to determine whether the 

items would be purchased by military 

end users. To address concerns with 

that standard, while still making 9 Hz 

cameras subject to § 744.9 license 

requirements, this proposed rule omits 

the unable to determine standard and 

would maintain the existing knowledge 

standard in § 744.9. 

Revisions to ECCN 0A919 

ECCN 0A919 currently controls 

‘‘military commodities’’ produced and 

located outside the United States that 

are not subject to the ITAR, and 

incorporate one or more cameras 

controlled under ECCNs 6A003.b.3, 

6A003.b.4.b, or 6A003.b.4.c. In addition, 

ECCN 0A919 controls such ‘‘military 

commodities’’ if they incorporate more 

than a de minimis amount of U.S.-origin 

600 series content or are the direct 

products of U.S.-origin 600 series 

technology or software. 

To control the reexport of such 

military commodities that incorporate a 

wider group of items on the CCL, this 

proposed rule would revise ECCN 

0A919 to control military commodities 

produced outside the United States that 

are not subject to the ITAR, and have 

any of the following characteristics: (i) 

Incorporate one or more commodities 

classified under ECCNs 6A002, 6A003, 

or 6A990; (ii) incorporate one or more 

commodities controlled under ECCN 

6A993.a as a result of meeting the 

criteria specified in Note 3.a to ECCN 

6A003.b.4.b (i.e., having a maximum 

frame rate equal to or less than 9 Hz); 

(iii) incorporate more than a de minimis 

amount of U.S.-origin ‘‘600 series’’ 

controlled content; or (iv) are direct 

products of U.S.-origin ‘‘600 series’’ 

technology or software. This proposed 

change to ECCN 0A919 mirrors the 

proposal in the May 5 proposed rule. 

Establishment of ECCN 0E987 

As with the May 5 proposed rule, this 

proposed rule would create a new ECCN 

for technology required for the 

‘‘development’’ or ‘‘production’’ of 

commodities controlled by ECCN 

0A987, if such commodities incorporate 

a focal plane array or image intensifier 

tube. ECCN 0E987 would be subject to 

RS Column 1 and Anti-Terrorism 

Column 1 controls. In addition, items 

controlled by 0E987 would not be 

eligible for License Exception STA. 

Revisions to ECCN 6A002 

ECCN 6A002 currently controls 

specified optical sensors or equipment 

and components therefor. The 

Department of State’s proposed rule for 

Category XII, which is being published 

concurrently with this rule, proposes 

the use of ‘‘specially designed’’ for 

certain focal plane arrays, image 

intensifier tubes, and other related items 

that would be subject to the ITAR. 

Because of that change, this proposed 

rule does not include references in 

6A002 to ‘‘permanent encapsulated 

sensor assembly’’ or use luminous 

sensitivity to describe those image 

intensifier tubes subject to the EAR and 

controlled under 6A002. 

As noted above, this proposed rule 

does not include the worldwide RS 

control that was proposed in the May 5 

proposed rule. This proposed rule 

maintains the existing reasons for 

control and would revise the Related 

Controls paragraph to include references 

to controls in USML Category XII, as 

well as proposed controls in ECCN 

0A919 and § 744.9. 

Revisions to ECCN 6A003 

ECCN 6A003 currently controls 

specified cameras, systems or 

equipment and components therefor. As 

with the May 5 proposed rule, this 

proposed rule would add a reference to 

USML Category XII(c) in the Related 

Controls paragraph of ECCN 6A003. 

Also, this rule revises the Related 

Controls references to ECCN 0A919 and 

§ 744.9 to reflect the expansion of the 

applicability of those provisions to all of 

ECCN 6A003. 

Due to proposed changes described 

previously regarding license 

requirements for certain uncooled 

thermal imaging cameras in ECCN 

6A003, this proposed rule would also 

revise the applicability of the regional 

stability control to the ECCN by 

eliminating the RS Column 2 control 

and applying the RS Column 1 control 

to the entire ECCN. This proposed 

change would result in requiring a 

license for certain items in 6A003 that 

currently may not require a license 

when exported or reexported to certain 

destinations. While License Exception 

STA would be available for many of 

these transactions, BIS encourages 

organizations that may be affected by 

this change to submit public comments, 

including any quantitative data, on the 

impact of this proposal. 

Revisions to ECCN 6A990 

Under the Department of State’s 

proposed rule to revise USML Category 

XII, certain read-out integrated circuits 

(ROICs) would be controlled under 

XII(e). ROICs that are ‘‘specially 

designed’’ for focal plane arrays 

controlled under ECCN 6A002.a.3 

would be classified under ECCN 6A990 

and subject to the RS Column 1 reason 

for control. Unlike the May 5 proposed 

rule, this proposed rule would also add 

a note to clarify that ROICs ‘‘specially 

designed’’ for civil automotive 

applications would not be controlled 

under ECCN 6A990. BIS is proposing 

this note in order to address 

technological and market developments, 

and this note parallels a similar carve 

out in ECCN 6A003. 

ROICs classified under 6A990 would 

not be eligible for License Exception 

STA and would be subject to the 

limitations on the use of License 

Exception APR in § 740.16(a)(2) and 

(b)(2). This rule also proposes to insert 

references to Category XII(e), ECCN 

0A919, and § 744.9 under the Related 

Controls paragraph. Also, this rule 

would allow for the use of License 

Exception LVS for this ECCN with a 

$500 value limit. This change would 

ensure that controls on ROICs subject to 

the EAR are not more restrictive than 

controls for ROICs proposed to be 

controlled in USML Category XII(e), 

which would be eligible for the 

exemption in § 123.16(b)(2) of the ITAR. 

Revisions to ECCN 6A993 

As previously mentioned, § 744.9 is 

proposed to be revised to require a 

license for 9 Hz cameras if exported to 

a ‘‘military end user’’ or if incorporated 

into a ‘‘military commodity.’’ To remind 

readers of the applicability of § 744.9 

and ECCN 0A919 to 9 Hz cameras, this 

proposed rule would provide a 

reference to those provisions under the 

Related Controls paragraph of 6A993. 

Revisions to ECCNs 6D002, 6D003, and 

6D991 

The Wassenaar Arrangement’s Lists of 

Dual-Use Goods and Technologies 


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impose limited controls on software 

related to commodities controlled under 

ECCNs 6A002 and 6A003. As a result, 

the CCL currently has the following 

multilateral and unilateral software 

controls related to such items: ECCN 

6D002 (software ‘‘specially designed’’ 

for the ‘‘use’’ of commodities controlled 

under ECCN 6A002.b), ECCN 6D003.c 

(software designed or modified for 

cameras incorporating ‘‘focal plane 

arrays’’ specified by ECCN 6A002.a.3.f 

and designed or modified to remove a 

frame rate restriction and allow the 

camera to exceed the frame rate 

specified in ECCN 6A003.b.4 Note 3.a), 

and ECCN 6D991 (software specially 

designed for the ‘‘use’’ of commodities 

controlled under ECCN 6A002.a.1.d). 

To address concerns regarding the 

lack of comprehensive software controls 

related to commodities controlled under 

ECCNs 6A002 and 6A003, this proposed 

rule would consolidate existing, 

unilateral software controls and would 

expand them to revise ECCN 6D991 to 

also control software, not elsewhere 

specified, that is ‘‘specially designed’’ 

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

‘‘use’’ of commodities controlled by 

ECCNs 6A002 or 6A003. Under this 

proposed rule, such software would be 

subject to the RS Column 1 reason for 

control. Also, this proposed rule would 

remove eligibility to use License 

Exception TSR for the software 

described above in ECCNs 6D002 and 

6D003.c. 

To prevent confusion over multiple 

ECCNs potentially controlling the same 

software, this proposed rule would add 

language to the Related Controls 

paragraphs of ECCN 6D991 to confirm 

that software currently controlled under 

ECCNs 6D002 and 6D003.c would 

remain controlled under those 

provisions. To reflect this 

understanding, this proposed rule 

would also revise the Related Controls 

paragraphs of ECCNs 6D002 and 6D003 

to provide references to ECCNs 6D991. 

Revisions to ECCNs 6E001 and 6E002 

ECCNs 6E001 and 6E002 currently 

control ‘‘development’’ and 

‘‘production’’ technology, respectively, 

related to multiple ECCNs in Category 6, 

including items related to infrared 

detection in ECCNs 6A002 and 6A003. 

This proposed rule would remove 

eligibility for License Exception TSR for 

all 6E001 or 6E002 technology related to 

commodities controlled under 6A002 or 

6A003, and this proposed rule would 

add guidance to the Related Controls 

paragraphs in ECCNs 6E001 and 6E002 

to provide clarity on technology 

controls related to commodities subject 

to the ITAR. 

Proposed Establishment of ‘‘600 Series’’ 

for Military Fire Control, Laser, 

Imaging, and Guidance and Control 

Items Under ECCNs 7A611, 7B611, 

7D611, and 7E611 

This proposed rule would establish a 

‘‘600 series’’ by revising ECCN 7A611 

and adding new ECCNs 7B611, 7D611, 

and 7E611 for military fire control, 

laser, imaging, and guidance and control 

commodities, software, and technology. 

Categories 6 and 7 of the CCL currently 

control certain laser, imaging, and 

guidance and control items. In order to 

ease understanding and use of this ‘‘600 

series,’’ BIS is proposing to consolidate 

such controls under Category 7 rather 

than both Categories 6 and 7. However, 

should readers look for such 600 series 

items in Category 6, this proposed rule 

would amend ECCN 6A611 to refer 

readers to Category 7 to locate the 

appropriate controls. ECCN 6A611 was 

added to the CCL by a previously 

published final rule entitled Revisions 

to the Export Administration 

Regulations (EAR): Control of Military 

Electronic Equipment and Other Items 

the President Determines No Longer 

Warrant Control Under the United 

States Munitions List (USML), 79 FR 

37551 (July 1, 2014). Also, to assist 

readers in locating controls for 

navigation and avionics items ‘‘specially 

designed’’ for a military application, 

this proposed rule would move the 

current heading of ECCN 7A611 into the 

Related Controls paragraph of proposed 

ECCN 7A611. 

Under this proposed ‘‘600 series,’’ 

ECCN 7A611 would control military fire 

control, laser, imaging, and guidance 

and control equipment that would be 

removed from USML Category XII and 

that are not covered by an existing 

ECCN subject to controls for reasons 

other than Anti-Terrorism (AT) reasons. 

Due to the increased use of ‘‘specially 

designed’’ in the proposed USML 

Category XII and to ensure that no 

current defense articles are 

inadvertently decontrolled, ECCN 

7A611 would use ‘‘specially designed’’ 

as the primary control parameter in 

paragraphs .a through .e, which would 

control certain guidance, navigation, or 

control systems; inertial measurement 

units; accelerometers; gyros or angular 

rate sensors; or gravity meters 

(gravimeters). Paragraph .x would 

control ‘‘parts,’’ ‘‘components,’’ 

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

are ‘‘specially designed’’ for a 

commodity controlled by ECCN 7A611 

(except 7A611.y) or a defense article in 

USML Category XII and not controlled 

elsewhere on the USML or in 7A611.y 

or 3A611.y. All items controlled under 

7A611 (excluding 7A611.y) would be 

controlled for NS, RS, AT, and UN 

reasons. Paragraph .y would control 

specific ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ 

‘‘specially designed’’ for a commodity 

subject to control in ECCN 7A611, or a 

defense article in USML Category XII 

and not elsewhere specified on the 

USML or in the CCL, and ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ ‘‘specially designed’’ 

therefor. No items would be listed in 

7A611.y under this proposed rule, but 

should any items be added, they would 

be subject to AT controls only. 

This proposed rule does not include 

any of the items enumerated under 

ECCN 6A615 in the May 5 proposed 

rule in ECCN 7A611. Due to the 

increased use of ‘‘specially designed’’ in 

USML Category XII in the State 

Department’s corresponding proposed 

rule, BIS believes that many of the items 

previously proposed for control under 

ECCN 6A615 would be controlled under 

USML Category XII. In addition, after 

reviewing public comments, BIS 

believes that many of the items 

proposed for control under ECCN 

6A615.c in the May 5 proposed rule 

would be adequately captured as dualuse items under ECCN 6C004. 

New ECCN 7B611 would impose 

controls on test, inspection, and 

production equipment and related 

commodities ‘‘specially designed’’ for 

military fire control, laser, imaging, and 

guidance and control equipment. 

Paragraph .a would control such 

equipment ‘‘specially designed’’ for the 

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

overhaul, or refurbishing of items 

controlled in ECCN 7A611 (except 

7A611.y) or commodities in USML 

Category XII that are not enumerated in 

USML Category XII or controlled by a 

‘‘600 series’’ ECCN. Paragraph .b would 

control environmental test facilities 

‘‘specially designed’’ for certification, 

qualification, or testing of commodities 

controlled in ECCN 7A611 (except 

7A611.y) or commodities in USML 

Category XII that are not enumerated in 

USML Category XII or a ‘‘600 series’’ 

ECCN. Paragraph .c would control field 

test equipment ‘‘specially designed’’ to 

evaluate or calibrate the operation of 

systems described in USML Category 

XII(a), (b), or (c). Paragraphs .d through 

.w are reserved. Paragraph .x would 

control parts, components, accessories, 

and attachments that are ‘‘specially 

designed’’ for such test, inspection and 

production equipment that are not 

enumerated on the USML or controlled 

by another ‘‘600 series’’ ECCN. Items in 

ECCN 7B611 would be controlled for 

NS, RS, AT, and UN reasons. 


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New ECCN 7D611 would control 

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

‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of 

commodities controlled by 7A611 or 

7B611. Such software would be 

controlled for NS, RS, AT, and UN 

reasons. Any software added to 7D611.y 

would be controlled for AT reasons 

only. 

New ECCN 7E611 would control 

‘‘technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishing of items 

controlled by 7A611, 7B611, or 7D611. 

Such technology would be controlled 

for NS, RS, AT, and UN reasons. Any 

technology added to 7E611.y would be 

controlled for AT reasons only. As 

described in proposed § 742.6(a)(8), the 

RS control would impose a license 

requirement for exports and reexports of 

technology in 7E611.a to all 

destinations, including Canada (all 

other technology in 7E611, other than 

7E611.y, would be subject to an RS 

Column 1 control). BIS believes that this 

worldwide RS control would only affect 

technical data currently controlled in 

USML Category XII(f) that is not eligible 

for the Canadian exemption under 

Supplement No. 1 to part 126 of the 

ITAR. As described in § 742.6(b)(1), 

7E611.a technology would be subject to 

the same licensing policy as other 600 

series items. In addition, License 

Exception STA would not be available 

for 7E611.a technology but would be 

available for technology in 7E611.b or .c 

for exports or reexports to Country 

Group A:5. 

Proposed Revisions to Other Existing 

ECCNs 

The May 5 proposed rule included 

revisions to many existing dual-use 

ECCNs to provide cross references to 

controls for similar items subject to the 

ITAR under the proposed revisions to 

USML Category XII. This proposed rule 

includes revisions to the same ECCNs 

but updates many of the cross references 

to account for changes since the State 

Department’s May 5 proposal. 

Revisions to ECCN 0A987 

ECCN 0A987 currently controls 

specified optical sighting devices, and 

this proposed rule would revise ECCN 

0A987.f to specify that the entry 

controls laser aiming devices or laser 

illuminators ‘‘specially designed’’ for 

use on firearms, and having an 

operational wavelength exceeding 400 

nm but not exceeding 710 nm. A 

proposed note to ECCN 0A987.f would 

further specify that the entry does not 

control laser boresighting devices that 

must be placed in the bore or chamber 

to provide a reference for aligning the 

firearms sights. This proposed rule 

would also provide jurisdictional 

guidance in the Related Controls 

paragraph to more clearly delineate 

jurisdiction between USML Category XII 

and ECCN 0A987. 

Revisions to ECCN 2A984 

ECCN 2A984 currently controls 

concealed object detection equipment 

that operates in the frequency range 

from 30 GHz to 3000 GHz and has a 

spatial resolution of 0.5 milliradians up 

to and including 1 milliradian at a 

standoff distance of 100 meters. Under 

the Department of State’s proposed 

revisions to USML Category XII, certain 

terahertz imaging systems would be 

enumerated under USML Category 

XII(c). Consequently, this proposed rule 

would add a reference to Category XII(c) 

in the Related Controls paragraph of 

ECCN 2A984. 

Revisions to ECCN 6A004 

ECCN 6A004 currently controls 

optical equipment and components, 

including gimbals meeting a number of 

parameters, including slew, bandwidth, 

angular pointing error, diameter, and 

angular acceleration. The Department of 

State proposes to control certain gimbals 

under Category XII(e). To aid in 

properly determining jurisdiction and 

classification of gimbals, this proposed 

rule would amend the Related Controls 

paragraph of ECCN 6A004 to reference 

gimbals controlled under USML 

Category XII(e). 

Revisions to ECCN 6A005 

ECCN 6A005 currently controls 

specified lasers, components and optical 

equipment. The Department of State’s 

corresponding proposed rule would 

control certain laser systems and lasers 

under USML Category XII(b) and (e), 

respectively. To aid in properly 

determining jurisdiction and 

classification, this proposed rule would 

revise the Related Controls paragraph of 

ECCN 6A005 to refer readers back to 

USML Category XII(b) and (e) for laser 

systems or lasers subject to the ITAR. 

Additionally, this proposed rule would 

add a reference in the Related Controls 

paragraph to USML Category XVIII for 

certain laser-based directed energy 

weapon items. 

Revisions to ECCNs 6A007 and 6A107 

ECCNs 6A007 and 6A107 currently 

control certain gravity meters 

(gravimeters) and gravity gradiometers. 

Under the State Department’s proposed 

rule, certain gravity meters and gravity 

gradiometers subject to the ITAR would 

be controlled under USML Category 

XII(d). Consequently, this proposed rule 

would add references to the Related 

Controls paragraphs of ECCNs 6A007 

and 6A107 to refer readers to that 

paragraph in Category XII. This 

proposed rule also adds a reference to 

ECCN 7A611 in the Related Controls 

paragraphs of those ECCNs. 

Revisions to ECCN 6A008 

ECCN 6A008 currently controls radar 

systems, equipment, and assemblies, 

including certain laser detection and 

ranging (LADAR) and light detection 

and ranging (LIDAR) equipment under 

ECCN 6A008.j. The Department of 

State’s proposed rule would control 

certain LIDAR, LADAR, and range-gated 

systems in USML Category XII(b). 

Consequently, this proposed rule would 

amend the Related Controls paragraph 

of ECCN 6A008 to add references to 

those provisions of Category XII. 

Revisions to ECCNs 7A001 and 7A101 

ECCNs 7A001 and 7A101 control 

certain accelerometers. The Department 

of State’s proposed rule would control 

certain accelerometers subject to the 

ITAR under USML Category XII(e). 

Therefore, this proposed rule would 

amend the Related Controls paragraphs 

of ECCNs 7A001 and 7A101 to add 

references to USML Category XII(d). 

This proposed rule also adds references 

to ECCN 7A611 in the Related Controls 

paragraphs of those ECCNs. 

Revisions to ECCNs 7A002 and 7A102 

ECCNs 7A002 and 7A102 control 

certain gyros or angular rate sensors. 

Under the State Department’s proposed 

rule, certain gyros or angular rate 

sensors would be subject to the ITAR 

under USML Category XII(e). This 

proposed rule would amend the Related 

Controls paragraphs of ECCNs 7A002 

and 7A102 to add references to USML 

Category XII(e). This proposed rule also 

adds references to ECCN 7A611. For the 

Related Controls paragraph in ECCN 

7A102, this proposed rule would also 

add references to ECCNs 7A002 and 

7A994. 

Revisions to ECCN 7A003 

ECCN 7A003 controls inertial 

measurement equipment or systems. 

Under the State Department’s proposed 

rule, certain guidance or navigation 

systems would be subject to the ITAR 

under USML Category XII(d). This 

proposed rule would amend the Related 

Controls paragraph of ECCN 7A003 to 

add a reference to that USML entry. 

Also, this proposed rule would add a 

reference to ECCN 7A611. 


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Revisions to ECCN 7A005 

ECCN 7A005 currently controls 

specified Global Navigation Satellite 

Systems (GNSS) receiving equipment. 

This proposed rule would amend the 

Related Controls section of ECCN 7A005 

to use ‘‘GNSS’’ in place of ‘‘GPS’’ and 

to provide a reference to GNSS receiving 

equipment subject to the ITAR under 

USML Category XII. 

Revisions to ECCN 8A002 

To reflect the expansion of the scope 

of § 744.9 to apply to 8A002.d.1.c and 

.d.2 items, this proposed rule would add 

an additional sentence regarding § 744.9 

to the Related Controls paragraph of 

8A002. 

Effects of This Proposed Rule 

De minimis 

The April 16 (initial implementation) 

rule imposed certain unique de minimis 

requirements on items controlled under 

the new ‘‘600 series’’ ECCNs. Section 

734.3 of the EAR provides, inter alia, 

that under certain conditions, items 

made outside the United States that 

incorporate items subject to the EAR are 

not subject to the EAR if they do not 

exceed a de minimis percentage of 

controlled U.S.-origin content. Under 

the April 16 (initial implementation) 

rule, there is no de minimis eligibility 

for ‘‘600 series’’ items destined for 

countries subject to a U.S. arms 

embargo, but there is a 25% de minimis 

percentage for ‘‘600 series’’ items 

destined for all countries not subject to 

U.S. arms embargoes. The fire control, 

laser, imaging, and guidance and control 

items that would be subject to the EAR 

as a result of this proposed rule would 

become eligible for de minimis 

treatment, so long as they are not 

destined for a country subject to a U.S. 

arms embargo. 

Use of License Exceptions 

Unless subject to the restrictions on 

the use of STA in § 740.20(b)(2), many 

of the fire control, laser, imaging, and 

guidance and control items described in 

this proposed rule would become 

eligible for several license exceptions, 

including STA, which would be 

available for exports to certain 

government agencies of NATO and 

other multi-regime allies. The exchange 

of information and statements required 

under STA is substantially less 

burdensome than the license 

application requirements currently 

required under the ITAR. Some items 

covered by this rule also would be 

eligible for the following license 

exceptions: LVS (limited value 

shipments), up to $1500, and RPL 

(servicing and parts replacement). 

Alignment With the Wassenaar 

Arrangement Munitions List (WAML) 

The Administration has stated since 

the beginning of the Export Control 

Reform Initiative that the reforms will 

be consistent with U.S. obligations to 

the multilateral export control regimes. 

Accordingly, the Administration will, in 

this proposed rule, exercise its national 

discretion to implement, clarify, and, to 

the extent feasible, align its controls 

with those of the regimes. USML 

Category XII encompasses multiple 

WAML categories, including ML 5 (e.g., 

fire control and range-finding systems), 

ML 11 (e.g., ‘‘guidance and navigation 

equipment’’), and ML 15 (e.g., imaging 

equipment). For simplicity, this 

proposed rule uses one of these 

categories—ML 11 (‘‘electronic 

equipment specially designed for 

military use,’’ including ‘‘guidance and 

navigation equipment’’)—to add items 

moving from USML Category XII to the 

new 600 series ECCNs ending in ‘‘11.’’ 

Request for Comments 

BIS seeks comments on this proposed 

rule. BIS will consider all comments 

received on or before April 4, 2016. All 

comments must be in writing and 

submitted via one or more of the 

methods listed under the ADDRESSES

caption to this notice. All comments 

(including any personal identifiable 

information or information for which a 

claim of confidentially is asserted either 

in those comments or their transmittal 

emails) will be available for public 

inspection and copying. Parties who 

wish to comment anonymously may do 

so by submitting their comments via 

www.regulations.gov, leaving the fields 

for information that would identify the 

commenter blank, and including no 

identifying information in the comment 

itself. 

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 7, 

2015, 80 FR 48233 (August 11, 2015), 

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 rule has been 

designated a ‘‘significant regulatory 

action,’’ although not economically 

significant, under section 3(f) of 

Executive Order 12866. Accordingly, 

the rule has been reviewed by the Office 

of Management and Budget (OMB). 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor is subject to a penalty 

for failure to comply with, a collection 

of information, subject to the 

requirements of the Paperwork 

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

et seq.) (PRA), unless that collection of 

information displays a currently valid 

OMB control number. This proposed 

rule would affect two approved 

collections: Simplified Network 

Application Processing + System 

(control number 0694–0088), which 

includes, among other things, license 

applications, and License Exceptions 

and Exclusions (0694–0137). 

As stated in the proposed rule 

published on July 15, 2011 (76 FR 

41958) (‘‘July 15 proposed rule’’), BIS 

initially believed that the combined 

effect of all rules to be published adding 

items to the EAR that will be removed 

from the ITAR as part of the 

administration’s Export Control Reform 

Initiative would increase the number of 

license applications to be submitted by 

approximately 16,000 annually. As the 

review of the USML has progressed, the 

interagency group has gained more 

specific information about the number 

of items that will come under BIS 

jurisdiction and whether those items 

would be eligible for export under 

license exceptions. As of June 21, 2012, 

BIS revised that estimate to an increase 

in license applications of 30,000 

annually, resulting in an increase in 

burden hours of 8,500 (30,000 

transactions at 17 minutes each) under 

control number 0694–0088. BIS 

continues to believe that its revised 

estimate is accurate. 

Some items formerly on the USML 

would become eligible for License 


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Exception STA under this rule. As 

stated in the July 15 proposed rule, BIS 

believes that the increased use of 

License Exception STA resulting from 

the combined effect of all rules to be 

published adding items to the EAR that 

would be removed from the ITAR as 

part of the Administration’s Export 

Control Reform Initiative would 

increase the burden associated with 

control number 0694–0137 by about 

23,858 hours (20,450 transactions at 1 

hour and 10 minutes each). 

BIS expects that this increase in 

burden would be more than offset by a 

reduction in burden hours associated 

with approved collections related to the 

ITAR. This proposed rule addresses 

controls on fire control, laser, imaging, 

and guidance and control items. With 

few exceptions, most exports of such 

items, even when destined to NATO 

member states and other close allies, 

require State Department authorization. 

In addition, the exports of technology 

necessary to produce such items in the 

inventories of the United States and its 

NATO and other close allies require 

State Department authorizations. Under 

the EAR, as proposed, such technology 

that would be subject to the EAR would 

become eligible for export to NATO 

member states and other close allies 

under License Exception STA unless 

otherwise specifically excluded. Use of 

License Exception STA imposes a 

paperwork and compliance burden 

because, for example, exporters must 

furnish information about the item 

being exported to the consignee and 

obtain from the consignee an 

acknowledgement and commitment to 

comply with the EAR. However, the 

Administration believes that complying 

with the requirements of STA is likely 

less burdensome than applying for 

licenses. For example, under License 

Exception STA, a single consignee 

statement can apply to an unlimited 

number of products, need not have an 

expiration date, and need not be 

submitted to the government in advance 

for approval. Suppliers with regular 

customers can tailor a single statement 

and assurance to match their business 

relationship rather than applying 

repeatedly for licenses with every 

purchase order to supply reliable 

customers in countries that are close 

allies or members of export control 

regimes or both. 

Control number 0694–0137 also 

includes thermal imaging camera 

reporting under § 743.3. This proposed 

rule would remove the reporting 

requirement in § 743.3. Thus, BIS 

estimates this elimination would reduce 

the total annual burden hours in control 

number 0694–0137 by 60 hours 

annually (60 reports at 1 hour each). 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under E.O. 13132. 

4. The Regulatory Flexibility Act 

(RFA), as amended by the Small 

Business Regulatory Enforcement 

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

601 et seq., generally requires an agency 

to prepare a regulatory flexibility 

analysis of any rule subject to the notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

(5 U.S.C. 553) or any other statute, 

unless the agency certifies that the rule 

will not have a significant economic 

impact on a substantial number of small 

entities. Under section 605(b) of the 

RFA, however, if the head of an agency 

(or his or her designee) certifies that a 

rule will not have a significant impact 

on a substantial number of small 

entities, the statute does not require the 

agency to prepare a regulatory flexibility 

analysis. Pursuant to section 605(b), the 

Chief Counsel for Regulation, 

Department of Commerce, submitted a 

memorandum to the Chief Counsel for 

Advocacy, Small Business 

Administration, certifying that the May 

5 proposed rule would not have a 

significant impact on a substantial 

number of small entities. The rationale 

for that certification was set forth in the 

preamble to that proposed rule. 

Although BIS received no comments on 

that rationale, and has accordingly made 

no changes to the proposed rule based 

on the RFA certification, BIS has 

determined that, in the interest of 

openness and transparency, it will 

briefly restate the rationale behind the 

certification here. 

This proposed rule is part of the 

Administration’s Export Control Reform 

Initiative, which seeks to revise the 

USML to a positive list—one that does 

not use generic, catch-all controls for 

items listed—and to move some items 

that the President has determined no 

longer merit control under the ITAR to 

control under the CCL. 

Although BIS does not collect data on 

the size of entities that apply for and are 

issued export licenses, and is therefore 

unable to estimate the exact number of 

small entities—as defined by the Small 

Business Administration’s regulations 

implementing the RFA—BIS 

acknowledges that some small entities 

may be affected by this proposed rule. 

The main effects on small entities 

resulting from this rule will be in 

application times, costs, and delays in 

receiving licenses to export goods 

subject to the CCL. However, while 

small entities may experience some 

costs and time delays for exports due to 

the license requirements of the CCL, 

these costs and delays will likely be 

significantly less than they were for 

items previously subject to the USML. 

BIS believes that in fact this rule will 

result in significantly reduced 

administrative costs and delays for 

exports of items that will, upon this 

rule’s implementation, be subject to the 

EAR rather than the ITAR. Currently, 

USML applicants must pay to use the 

USML licensing procedure even if they 

never actually are authorized to export. 

Registration fees for manufacturers and 

exporters of articles on the USML start 

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

organizations applying for one to ten 

licenses per year and further increases 

to $2,750 plus $250 per license 

application (subject to a maximum of 

three percent of total application value) 

for those who need to apply for more 

than ten licenses per year. By contrast, 

BIS is statutorily prohibited from 

imposing licensing fees. In addition, 

exporters and reexporters of goods that 

would become subject to the EAR under 

this rule would need fewer licenses 

because their transactions would 

become eligible for license exceptions 

that were not available under the ITAR. 

Additionally, the ITAR controls parts 

and components even when they are 

incorporated—in any amount—into a 

foreign-made product. That limitation 

on the use of U.S.-made goods subject 

to the ITAR discouraged foreign 

manufacturers from importing U.S. 

goods. However, the EAR has a de 

minimis exception for U.S.- 

manufactured goods that are 

incorporated into foreign-made 

products. This exception may benefit 

small entities by encouraging foreign 

producers to use more U.S.-made items 

in their goods. 

Even where an exporter or reexporter 

would need to obtain a license under 

the EAR, that process is both cheaper 

and the process is more flexible than 

obtaining a license under the ITAR. For 

example, unlike the ITAR, the EAR does 

not require license applicants to provide 

BIS with a purchase order with the 

application, meaning that small (or any) 

entities can enter into negotiations or 

contracts for the sale of goods without 

having to caveat any sale presentations 

with a reference to the need to obtain a 

license under the ITAR before shipment 

can occur. Second, the EAR allows 

license applicants to obtain licenses to 

cover all expected exports or reexports 

to a particular consignee over the life of 

a license, rather than having to obtain a 

new license for every transaction. 

In short, BIS expects that the changes 

to the EAR proposed in this rule will 

have a positive effect on all affected 


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entities, including small entities. While 

BIS acknowledges that this rule may 

have some cost impacts to small (and 

other) entities, those costs are more than 

offset by the benefits to the entities from 

the licensing procedures under the EAR, 

which are much less costly and less 

time consuming than the procedures 

under the ITAR. Accordingly, the Chief 

Counsel for Regulation for the 

Department of Commerce has certified 

that this rule, if implemented, will not 

have a significant economic impact on 

a substantial number of small entities. 

Accordingly, an initial regulatory 

flexibility analysis is not required, and 

none has been prepared. 

List of Subjects 

15 CFR Part 734 

Administrative practice and 

procedure, Exports, Inventions and 

patents, Research science and 

technology. 

15 CFR Part 738 

Exports. 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 743 

Administrative practice and 

procedure, Reporting and recordkeeping 

requirements. 

15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

15 CFR Part 772 

Exports. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

For the reasons stated in the 

preamble, the Export Administration 

Regulations (15 CFR parts 730–774) are 

proposed to be amended as follows: 

PART 734—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 734 continues to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 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. 13637 of March 8, 2013, 

78 FR 16129 (March 13, 2013); Notice of 

August 7, 2015, 80 FR 48233 (August 11, 

2015); Notice of November 12, 2015, 80 FR 

70667 (November 13, 2015). 

■ 2. Section 734.4 is amended by: 

■ a. Removing and reserving paragraph 

(a)(3); 

■ b. Removing the Note to paragraph 

(a)(3); and 

■ c. Revising paragraph (a)(5) to read as 

follows: 

§ 734.4 De minimis U.S. content. 

(a) * * * 

(5) There is no de minimis level for 

foreign-made ‘‘military commodities’’ 

incorporating one or more of the 

commodities described in ECCN 

0A919.a.1 when destined for a country 

listed in Country Group D:5 of 

Supplement No. 1 to part 740 of the 

EAR. 

* * * * * 

PART 738—[AMENDED] 

■ 3. 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 7, 2015, 80 

FR 48233 (August 11, 2015). 

■ 4. In Supplement No. 1 to part 738, 

The Commerce Country Chart, is 

amended by: 

■ a. Removing references to footnote 

number 2 in the rows for Albania, 

Cyprus, Malta, and South Africa; 

■ b. Removing references to footnote 

number 4 in the rows for Austria; 

Cyprus; Finland; Ireland; Korea, South; 

Malta; South Africa; Sweden; and 

Switzerland; and 

■ c. Removing and reserving footnotes 2 

and 4 to the table. 

PART 740—[AMENDED] 

■ 5. 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 7, 2015, 80 

FR 48233 (August 11, 2015). 

■ 6. Section 740.2 is amended by: 

■ a. Removing and reserving paragraph 

(a)(9), and 

■ b. Revising paragraph (a)(7) to read as 

follows: 

§ 740.2 Restrictions on all License 

Exceptions. 

(a) * * * 

(7) With the exception of License 

Exception GOV (§ 740.11(b)(2)), license 

exceptions are not available for the 

following 6E001 or 6E002 technology: 

(i) Technology required for the 

‘‘development’’ or ‘‘production’’ of 

photon detector, microbolometer 

detector, pyroelectric, or multispectral 

detector infrared focal plane arrays 

(IRFPAs), described in ECCN 6A002, 

having a peak response within the 

wavelength range exceeding 900 nm but 

not exceeding 30,000 nm, excluding 

lead sulfide or lead selenide IRFPAs 

having a peak response within the 

wavelength range exceeding 1,000 nm 

but not exceeding 5,000 nm and not 

exceeding 16 detector elements; or 

(ii) Technology required for the 

‘‘development’’ or ‘‘production’’ of third 

generation or greater (e.g., EBAPS) 

image intensifier tubes described in 

ECCN 6A002. 

* * * * * 

■ 7. Section 740.16 is amended by: 

■ a. Revising paragraphs (a)(2), (b)(1), 

and (b)(2), and 

■ b. Removing and reserving (b)(3), to 

read as follows: 

§ 740.16 Additional permissive reexports 

(APR). 

(a) * * * 

(2) The commodities being reexported 

are not controlled for NP, CB, MT, SI or 

CC reasons and are not military 

commodities described in ECCN 0A919; 

commodities described in 3A001.b.2 or 

b.3 (except those that are being 

reexported for use in civil 

telecommunications applications); or 

commodities described in ECCNs 

6A002, 6A003, or 6A990; and 

* * * * * 

(b) * * * 

(1) Eligible commodities may be 

reexported to and among destinations in 

Country Group A:1 and Hong Kong for 

use or consumption within a destination 

in Country Group A:1 (see Supplement 

No. 1 to part 740) or Hong Kong, or for 

reexport from such country in 

accordance with other provisions of the 

EAR. 

(2) Commodities not eligible for 

reexport under paragraph (b)(1) are: 

(i) Commodities controlled for nuclear 

nonproliferation or missile technology 

reasons; 

(ii) Commodities in 3A001.b.2 or b.3 

(except those that are being reexported 

for use in civil telecommunications 

applications); 

(iii) ‘‘Military commodities’’ 

described in ECCN 0A919; or 

(iv) Commodities described in ECCNs 

6A002, 6A003, or 6A990, or 

commodities described in ECCN 0A987 

incorporating an image intensifier tube. 


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(3) [RESERVED] 

* * * * * 

■ 8. Section 740.20 is amended by 

revising paragraphs (b)(2)(ii) and 

(b)(2)(x), to read as follows: 

§ 740.20 License Exception Strategic 

Trade Authorization (STA). 

* * * * * 

(b) * * * 

(2) * * * 

(ii) License Exception STA may not be 

used for any item controlled under 

ECCNs 0A981, 0A982, 0A983, 0A985, 

0E982, or 0E987. 

* * * * * 

(x) License Exception STA may not be 

used for items controlled by ECCNs 

6A002; 6A990; 6D002 (software 

specially designed for the ‘‘use’’ of 

commodities controlled under 6A002.b); 

6D003.c; 6D991 (software ‘‘specially 

designed’’ for the ‘‘development,’’ 

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

controlled under 6A002, 6A003, or 

6A990); 6E001 (‘‘technology’’ for the 

‘‘development’’ of commodities 

controlled under ECCNs 6A002 or 

6A003); 6E002 ‘‘technology’’ (for the 

‘‘production’’ of commodities controlled 

under ECCNs 6A002 or 6A003); or 

6E990. 

* * * * * 

PART 742—[AMENDED] 

■ 9. 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 7, 2015, 80 FR 

48233 (August 11, 2015); Notice of November 

12, 2015, 80 FR 70667 (November 13, 2015). 

■ 10. Section 742.4 is amended by 

revising paragraph (a) to read as follows: 

§ 742.4 National security. 

(a) License requirements. It is the 

policy of the United States to restrict the 

export and reexport of items that would 

make a significant contribution to the 

military potential of any other country 

or combination of countries that would 

prove detrimental to the national 

security of the United States. 

Accordingly, a license is required for 

exports and reexports to all 

destinations, except Canada, for all 

items in ECCNs on the CCL that include 

NS Column 1 in the Country Chart 

column of the ‘‘License Requirements’’ 

section. A license is required to all 

destinations except those in Country 

Group A:1 (see Supplement No. 1 to 

part 740), for all items in ECCNs on the 

CCL that include NS column 2 in the 

Commerce Country Chart column of the 

‘‘License Requirements’’ section. The 

purpose of the controls is to ensure that 

these items do not make a contribution 

to the military potential of countries in 

Country Group D:1 (see Supplement No. 

1 to part 740 of the EAR) that would 

prove detrimental to the national 

security of the United States. License 

Exception GBS is available for the 

export and reexport of certain national 

security controlled items to Country 

Group B (see § 740.4 and Supplement 

No. 1 to part 740 of the EAR). 

* * * * * 

■ 11. Section 742.6 is amended by: 

■ a. Removing and reserving paragraphs 

(a)(2) and (a)(4)(ii); 

■ b. Revising the last sentence of 

paragraph (a)(1); 

■ c. Adding paragraph (a)(8); and 

■ d. Revising paragraph (b)(1), to read as 

follows: 

§ 742.6 Regional stability. 

(a) * * * 

(1) * * * Transactions described in 

paragraph (a)(3) of this section are 

subject to the RS Column 1 license 

requirements set forth in that paragraph 

rather than the license requirements set 

forth in this paragraph (a)(1). 

* * * * * 

(8) Special worldwide RS license 

requirement for ECCN 7E611.a. A 

license is required to export or reexport 

items described in ECCN 7E611.a to all 

destinations, including Canada. 

* * * * * 

(b) * * * 

(1) Licensing policy for RS Column 1 

items and ECCN 7E611.a. 

(i) 9x515 and ‘‘600 series’’ ECCNs. 

Applications for exports and reexports 

of 9x515 and ‘‘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. 

Other applications for exports and 

reexports described in paragraph (a)(1), 

(6), (7), or (8) of this section will be 

reviewed on a case-by-case basis to 

determine whether the export or 

reexport could contribute directly or 

indirectly to any country’s military 

capabilities in a manner that would alter 

or destabilize a region’s military balance 

contrary to the foreign policy interests 

of the United States. Applications for 

reexports of items described in 

paragraph (a)(3) of this section will be 

reviewed applying the policies for 

similar commodities that are subject to 

the ITAR. Applications for export or 

reexport of items classified under any 

9x515 or ‘‘600 series’’ ECCN requiring a 

license in accordance with paragraph 

(a)(1) or (8) of this section will also be 

reviewed consistent with United States 

arms embargo policies in § 126.1 of the 

ITAR if destined to a country set forth 

in Country Group D:5 in Supplement 

No. 1 to part 740 of the EAR. 

Applications for export or reexport of 

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

‘‘attachments,’’ ‘‘software,’’ or 

‘‘technology’’ ‘‘specially designed’’ or 

otherwise required for the F–14 aircraft 

will generally be denied. When destined 

to the People’s Republic of China or a 

country listed in Country Group E:1 in 

Supplement No. 1 to Part 740 of the 

EAR, items classified under any 9x515 

ECCN will be subject to a policy of 

denial. 

(ii) Certain infrared detection 

technology. Applications for exports 

and reexports to a country listed in 

Country Group D:5 (in Supplement No. 

1 to part 740 of the EAR) of technology 

controlled under 6E001 for the 

development of focal plane arrays or 

image intensifier tubes described in 

6A002, technology controlled under 

6E002 for the production of focal plane 

arrays or image intensifier tubes 

described in 6A002, or technology 

controlled under 6E990 will be 

reviewed with a presumption of denial. 

* * * * * 

PART 743—[AMENDED] 

■ 12. The authority citation for 15 CFR 

part 743 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; E.O. 13637 of 

March 8, 2013, 78 FR 16129 (March 13, 

2013); 78 FR 16129; Notice of August 7, 2015, 

80 FR 48233 (August 11, 2015). 

■ 13. Part 743 is amended by removing 

and reserving § 743.3. 

PART 744—[AMENDED] 

■ 14. 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 


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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 January 21, 2015, 80 FR 3461 

(January 22, 2015); Notice of August 7, 2015, 

80 FR 48233 (August 11, 2015); Notice of 

September 18, 2015, 80 FR 57281 (September 

22, 2015); Notice of November 12, 2015, 80 

FR 70667 (November 13, 2015). 

■ 15. Section 744.9 is amended by 

revising the heading and paragraphs (a) 

and (b) to read as follows: 

§ 744.9 Restrictions on certain exports and 

reexports of certain cameras, systems, or 

equipment. 

(a) General prohibitions. In addition 

to the applicable license requirements 

for national security, regional stability, 

anti-terrorism and United Nations 

embargo reasons in §§ 742.4, 742.6, 

742.8, 746.1(b), and 746.3 of the EAR, a 

license is required to export, reexport, 

or transfer (in-country) to any 

destination other than Canada 

commodities described in ECCNs 0A987 

(incorporating commodities controlled 

by ECCNs 6A002 or 6A003, or 

commodities controlled by 6A993.a that 

meet the criterion of Note 3.a to 

6A003.b.4), 6A002, 6A003, 6A990, or 

6A993.a (having a maximum frame rate 

equal to or less than 9 Hz and thus 

meeting the criteria of Note 3.a to 

6A003.b.4), 8A002.d.1.c, or 8A002.d.2 if 

at the time of export, reexport, or 

transfer, the exporter, reexporter, or 

transferor knows or is informed that the 

item will be or is intended to be: 

(1) Used by a ‘‘military end-user,’’ as 

defined in paragraph (d) of this section; 

or 

(2) Incorporated into a ‘‘military 

commodity’’ controlled by ECCN 

0A919. 

(b) Additional prohibition on 

exporters, reexporters, or transferors 

informed by BIS. BIS may inform an 

exporter, reexporter, or transferor, either 

individually by specific notice or 

through amendment to the EAR, that a 

license is required for the export, 

reexport, or transfer of commodities 

described in ECCNs 0A987 

(incorporating commodities controlled 

by ECCNs 6A002 or 6A003, or 

commodities controlled by 6A993.a that 

meet the criterion of Note 3.a to 

6A003.b.4), 6A002, 6A003, 6A990, or 

6A993.a (having a maximum frame rate 

equal to or less than 9 Hz and thus 

meeting the criteria of Note 3.a to 

6A003.b.4), 8A002.d.1.c, or 8A002.d.2 

to specified end users, because BIS has 

determined that there is an 

unacceptable risk of diversion to the 

users or unauthorized incorporation 

into the ‘‘military commodities’’ 

described in paragraph (a) of this 

section. Specific notice is to be given 

only by, or at the direction of, the 

Deputy Assistant Secretary for Export 

Administration. When such notice is 

provided orally, it will be followed by 

a written notice within two working 

days signed by the Deputy Assistant 

Secretary for Export Administration. 

* * * * * 

PART 772—[AMENDED] 

■ 16. The authority citations paragraph 

for 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 

7, 2015, 80 FR 48233 (August 11, 2015). 

■ 17. Section 772.1 is amended by 

revising the last sentence in Note 1 to 

the definition of ‘‘specially designed,’’ 

to read as follows: 

§ 772.1 Definitions of terms as used in the 

Export Administration Regulations (EAR). 

* * * * * 

Specially designed. 

* * * * * 

Note 1: * * * For purposes of 

‘‘specially designed,’’ ECCNs 0B986, 

0B999, 0D999, 1B999, 1C992, 1C995, 

1C997, 1C999, 6A998 (except for .b), 

and 9A991 are treated as ECCNs 

controlled exclusively for AT reasons. 

* * * * * 

PART 774—[AMENDED] 

■ 18. The authority citations paragraph 

for part 774 continues to read as 

follows: 

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

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

7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 

seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 

42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 

1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 

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

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

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of August 7, 2015, 80 

FR 48233 (August 11, 2015). 

Supplement No. 1 to Part 774 

[Amended] 

■ 19. In Supplement No. 1 to part 774, 

Category 0, ECCN 0A919 is amended by 

revising the Items paragraph of the List 

of Items Controlled section to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0A919 ‘‘Military commodities’’ located and 

produced outside the United States as 

follows (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. ‘‘Military commodities’’ produced and 

located outside the United States that are not 

subject to the International Traffic in Arms 

Regulations (22 CFR parts 120–130) and 

having any of the following characteristics: 

a.1. Incorporate one or more commodities 

classified under ECCNs 6A002, 6A003, 

6A990, or 6A993.a (having a maximum frame 

rate equal to or less than 9 Hz and thus 

meeting the criterion of Note 3.a to 

6A003.b.4); 

a.2. Incorporate more than a de minimis 

amount of U.S.-origin ‘‘600 series’’ controlled 

content (see § 734.4 of the EAR); or 

a.3. Are direct products of U.S.-origin ‘‘600 

series’’ technology or software (see 

§ 736.2(b)(3) of the EAR). 

b. [Reserved] 

■ 20. In Supplement No. 1 to part 774, 

Category 0, ECCN 0A987 is amended by: 

■ a. Revising the Related Controls 

paragraph in the List of Items Controlled 

section; 

■ b. Revising paragraph f. in the Items 

paragraph in the List of Items Controlled 

section; and 

■ c. Adding a note to 0A987.f, to read 

as follows: 

0A987 Optical sighting devices for firearms 

(including shotguns controlled by 

0A984); and ‘‘components’’ as follows 

(See List of Items Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: (1) Sighting devices 

operating outside the visible spectrum, as 

enumerated in USML Category XII, or laser 

aiming or laser illumination equipment not 

specified in 0A987.f are subject to the 

ITAR. (2) Section 744.9 imposes a license 

requirement on certain commodities 

described in 0A987 if being exported, 

reexported, or transferred (in-country) for 

use by a military end-user or for 

incorporation into an item controlled by 

ECCN 0A919. 

* * * * * 

Items: 

* * * * * 

f. Laser aiming devices or laser 

illuminators specially designed for use on 

firearms, and having an operational 

wavelength exceeding 400 nm but not 

exceeding 710 nm. 

Note: 0A987.f does not control laser 

boresighting devices that must be placed in 

the bore or chamber to provide a reference for 

aligning the firearms sights. 

* * * * * 

■ 21. In Supplement No. 1 to part 774, 

Category 0, add ECCN 0E987 between 

ECCN 0E984 and EAR99, to read as 

follows: 

0E987 ‘‘Technology’’ ‘‘required’’ for the 

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

commodities controlled by 0A987 that 

incorporate a focal plane array or image 

intensifier tube. 

License Requirements 

Reason for Control: RS, AT. 


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Control(s) 

Country chart (see 

Supp. No. 1 to Part 

738) 

RS applies to entire 

entry.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

List Based License Exceptions (See Part 740 

for a description of all license 

exceptions) 

CIV: N/A 

TSR: N/A 

List of Items Controlled 

Related Controls: N/A 

Related Definitions: N/A 

Items: 

The list of items controlled is contained in 

the ECCN heading. 

■ 22. In Supplement No. 1 to part 774, 

Category 2, ECCN 2A984 is amended by 

adding Note 4 to the end of the Related 

Controls paragraph in the List of Items 

Controlled section, to read as follows: 

2A984 Concealed object detection 

equipment operating in the frequency 

range from 30 GHz to 3000 GHz and 

having a spatial resolution of 0.5 

milliradian up to and including 1 

milliradian at a standoff distance of 100 

meters; and ‘‘parts’’ and ‘‘components,’’ 

n.e.s. 

* * * * * 

List of Items Controlled 

Related Controls: * * * (4) See USML 

Category XII(c) for terahertz imaging 

systems ‘‘subject to the ITAR.’’ 

* * * * * 

■ 23. In Supplement No. 1 to part 774, 

Category 6, ECCN 6A002 is amended by: 

■ a. Removing the ‘‘Special Conditions 

for STA’’ section; and 

■ b. Revising the Related Controls 

paragraph in the List of Items Controlled 

section. 

6A002 Optical sensors and equipment and 

‘‘components’’ therefor, as follows (see 

List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: (1) For focal plane arrays, 

image intensifier tubes, and related parts 

and components subject to the ITAR, see 

USML Category XII(e). (2) See also ECCNs 

6A102, 6A202, and 6A992. (3) See ECCN 

0A919 for foreign-made military 

commodities that incorporate commodities 

described in 6A002. (4) Section 744.9 

imposes a license requirement on 

commodities described in ECCN 6A002 if 

being exported, reexported, or transferred 

(in-country) for use by a military end-user 

or for incorporation into an item controlled 

by ECCN 0A919. 

* * * * * 

■ 24. In Supplement No. 1 to part 774, 

Category 6, ECCN 6A003 is amended by: 

■ a. Revising the Control(s) table in the 

License Requirements section; 

■ b. Revising notes 4 and 5 in the 

Related Controls paragraph in the List of 

Items Controlled section; and 

■ c. Adding note 6 to the Related 

Controls paragraph in the List of Items 

Controlled section, to read as follows: 

6A003 Cameras, systems or equipment, 

and ‘‘components’’ therefor, as follows 

(see List of Items Controlled). 

License Requirements 

* * * * * 

Control(s) 

Country chart (see 

Supp. No. 1 to Part 

738) 

NS applies to entire 

entry.

NS Column 2 

NP applies to cameras controlled by 

6A003.a.2, a.3 or 

a.4 and to plug-ins 

in 6A003.a.6 for 

cameras controlled 

by 6A003.a.3 or 

a.4.

NP Column 1 

RS applies to entire 

entry.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to items 

controlled in 

6A003.b.3 and b.4.

See § 746.1(b) for UN 

controls 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: * * * (4) See ECCN 

0A919 for foreign made military commodities 

that incorporate cameras described in 6A003. 

(5) Section 744.9 imposes a license 

requirement on cameras described in 6A003 

if being exported, reexported, or transferred 

(in-country) for use by a military end-user or 

for incorporation into a commodity 

controlled by ECCN 0A919. (6) See USML 

Category XII(c) for cameras subject to the 

ITAR. 

* * * * * 

■ 25. In Supplement No. 1 to part 774, 

Category 6, ECCN 6A004 is amended by 

revising the Related Controls paragraph 

in the List of Items Controlled section to 

read as follows: 

6A004 Optical equipment and 

‘‘components,’’ as follows (see List of 

Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: (1) For optical mirrors or 

‘aspheric optical elements’ ‘‘specially 

designed’’ for lithography ‘‘equipment,’’ 

see ECCN 3B001. (2) See USML Category 

XII(e) for gimbals ‘‘subject to the ITAR.’’ (3) 

See also 6A994. 

* * * * * 

■ 26. In Supplement No. 1 to part 774, 

Category 6, ECCN 6A005 is amended by 

revising the Related Controls paragraph 

in the List of Items Controlled section. 

6A005 ‘‘Lasers,’’ ‘‘components’’ and optical 

equipment, as follows (see List of Items 

Controlled), excluding items that are 

subject to the export licensing authority 

of the Nuclear Regulatory Commission 

(see 10 CFR part 110). 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: (1) See ECCN 6D001 for 

‘‘software’’ for items controlled under this 

entry. (2) See ECCNs 6E001 

(‘‘development’’), 6E002 (‘‘production’’), 

and 6E201 (‘‘use’’) for technology for items 

controlled under this entry. (3) Also see 

ECCNs 6A205 and 6A995. (4) See ECCN 

3B001 for excimer ‘‘lasers’’ ‘‘specially 

designed’’ for lithography equipment. (5) 

‘‘Lasers’’ ‘‘specially designed’’ or prepared 

for use in isotope separation are subject to 

the export licensing authority of the 

Nuclear Regulatory Commission (see 10 

CFR part 110). (6) See USML Category 

XII(b) and (e) for laser systems or lasers 

subject to the ITAR. (7) See USML Category 

XVIII for certain laser-based directed 

energy weapon systems, equipment, and 

components subject to the ITAR. 

* * * * * 

■ 27. In Supplement No. 1 to part 774, 

Category 6, ECCN 6A007 is amended by 

revising the Related Controls paragraph 

in the List of Items Controlled section, 

to read as follows: 

6A007 Gravity meters (gravimeters) and 

gravity gradiometers, as follows (see List 

of Items Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: (1) See USML Category 

XII(d) for certain gravity meters (gravimeters) 

and gravity gradiometers subject to the ITAR. 

(2) See also ECCNs 6A107, 6A997, and 

7A611. 

* * * * * 

■ 28. In Supplement No. 1 to part 774, 

Category 6, ECCN 6A008 is amended by 

revising the Related Controls paragraph 

in the List of Items Controlled section to 

read as follows: 

6A008 Radar systems, equipment and 

assemblies, having any of the following 

(see List of Items Controlled), and 

‘‘specially designed’’ ‘‘components’’ 

therefor. 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: This entry does not control: 

Secondary surveillance radar (SSR); Car 

radar designed for collision prevention; 

Displays or monitors used for Air Traffic 

Control (ATC) having no more than 12 

resolvable elements per mm; 

Meteorological (weather) radar. See also 

ECCNs 6A108 and 6A998. ECCN 6A998 

controls, inter alia, the Light Detection and 


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Ranging (LIDAR) equipment excluded by 

the note to paragraph j of this ECCN 

(6A008). See USML Category XII(b) for 

certain LIDAR, Laser Detection and 

Ranging (LADAR), or range-gated systems 

subject to the ITAR. 

* * * * * 

■ 29. In Supplement No. 1 to part 774, 

Category 6, ECCN 6A107 is amended by 

revising the Related Controls paragraph 

in the List of Items Controlled section to 

read as follows: 

6A107 Gravity meters (gravimeters) or 

gravity gradiometers, other than those 

controlled by 6A007, designed or 

modified for airborne or marine use, as 

follows, (see List of Items Controlled) 

and ‘‘specially designed’’ ‘‘parts’’ and 

‘‘components’’ therefor. 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: See USML Category XII(d) 

for certain gravity meters (gravimeters) or 

gravity gradiometers subject to the ITAR. 

See also ECCN 7A611. 

* * * * * 

■ 30. In Supplement No. 1 to part 774, 

Category 6, ECCN 6A611 is revised to 

read as follows: 

6A611 Acoustic systems and equipment, 

radar, and ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ 

‘‘specially designed’’ therefor, ‘‘specially 

designed’’ for a military application that 

are not enumerated in any USML 

category or other ECCN are controlled 

by ECCN 3A611. Military fire control, 

laser, imaging, and guidance and 

control equipment that are not 

enumerated in any USML category or 

ECCN are controlled by ECCN 7A611. 

■ 31. In Supplement No. 1 to part 774, 

Category 6, ECCN 6A990 is revised to 

read as follows: 

6A990 Read-out integrated circuits, as 

follows (see List of Items Controlled). 

License Requirements 

Reason for Control: RS, AT 

Control(s) 

Country chart (see 

Supp. No. 1 to Part 

738) 

RS applies to entire 

entry.

RS 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: $500 

GBS: N/A 

CIV: N/A 

List of Items Controlled 

Related Controls: (1) See USML Category 

XII(e) for read-out integrated circuits 

‘‘subject to the ITAR.’’ (2) See ECCN 0A919 

for foreign made military commodities that 

incorporate commodities described in 

6A990. (3) Section 744.9 imposes a license 

requirement on commodities described in 

6A990 if being exported, reexported, or 

transferred (in-country) for use by a 

military end-user or for incorporation into 

a commodity controlled by ECCN 0A919. 

Related Definitions: N/A 

Items: 

a. Read-out integrated circuits ‘‘specially 

designed’’ for ‘‘focal plane arrays’’ controlled 

by 6A002.a.3; 

Note: 6A990.a does not control read-out 

integrated circuits ‘‘specially designed’’ for 

civil automotive applications. 

b. [RESERVED] 

* * * * * 

■ 32. In Supplement No. 1 to part 774, 

Category 6, ECCN 6A993 is amended by 

revising the Related Controls paragraph 

in the List of Items Controlled section, 

to read as follows: 

6A993 Cameras, not controlled by 6A003 

or 6A203, as follows (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: (1) See ECCN 0A919 for 

foreign made military commodities that 

incorporate cameras described in 6A993.a 

that meet the criteria specified in Note 3.a 

to 6A003.b.4.b (i.e., having a maximum 

frame rate equal to or less than 9 Hz). (2) 

Section 744.9 imposes license 

requirements on cameras described in 

6A993.a as a result of meeting the criteria 

specified in Note 3.a to 6A003.b.4.b (i.e., 

having a maximum frame rate equal to or 

less than 9 Hz) if being exported, 

reexported, or transferred (in-country) for 

use by a military end-user or for 

incorporation into a commodity controlled 

by ECCN 0A919. 

* * * * * 

■ 33. In Supplement No. 1 to part 774, 

Category 6, ECCN 6D002 is amended by: 

■ a. Revising the TSR paragraph in the 

List Based License Exceptions section; 

and 

■ b. Revising the Related Controls 

paragraph in the List of Items Controlled 

section, to read as follows: 

6D002 ‘‘Software’’ ‘‘specially designed’’ for 

the ‘‘use’’ of equipment controlled by 

6A002.b, 6A008 or 6B008. 

* * * * * 

List Based License Exceptions (See Part 740 

for a description of all license 

exceptions) 

* * * * * 

TSR: Yes, except N/A for the following: (1) 

Items controlled for MT reasons; (2) 

‘‘Software’’ ‘‘specially designed’’ for the 

‘‘use’’ of ‘‘space qualified’’ ‘‘laser’’ radar or 

Light Detection and Ranging (LIDAR) 

equipment defined in 6A008.j.1; or (3) 

‘‘Software’’ ‘‘specially designed’’ for the 

‘‘use’’ of commodities controlled by 

6A002.b. 

List of Items Controlled 

* * * * * 

Related Controls: (1) ‘‘Software’’ ‘‘specially 

designed’’ for the ‘‘use’’ of ‘‘spacequalified’’ LIDAR ‘‘equipment’’ ‘‘specially 

designed’’ for surveying or for 

meteorological observation, released from 

control under the note in 6A008.j, is 

controlled in 6D991. (2) See also 6D102, 

6D991, and 6D992. 

* * * * * 

■ 34. In Supplement No. 1 to part 774, 

Category 6, ECCN 6D003 is amended by: 

■ a. Revising the TSR paragraph in the 

List Based License Exceptions section; 

and 

■ b. Revising the Related Controls 

paragraph in the List of Items Controlled 

section, to read as follows: 

6D003 Other ‘‘software’’ as follows (see List 

of Items Controlled). 

* * * * * 

List Based License Exceptions (See Part 740 

for a description of all license 

exceptions) 

* * * * * 

TSR: Yes, except for 6D003.c and exports or 

reexports to destinations outside of those 

countries listed in Country Group A:5 (See 

Supplement No. 1 to part 740 of the EAR) 

of ‘‘software’’ for items controlled by 

6D003.a. 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: See also 6D103, 6D991, and 

6D993. 

* * * * * 

■ 35. In Supplement No. 1 to part 774, 

Category 6, ECCN 6D991 is revised to 

read as follows: 

6D991 ‘‘Software,’’ n.e.s., ‘‘specially 

designed’’ for the ‘‘development’’, 

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

controlled by 6A002, 6A003, 6A990, 

6A991, 6A996, 6A997, or 6A998. 

License Requirements 

Reason for Control: RS, AT 

Control(s) 

Country 

chart (see 

Supp. No. 

1 to Part 

738) 

RS applies to ‘‘software’’ for 

commodities controlled by 

6A002, 6A003, 6A990, or 

6A998.b.

RS Column 1 

RS applies to ‘‘software’’ for 

commodities controlled by 

6A998.c.

RS Column 2 

AT applies to entire entry, except ‘‘software’’ for commodities controlled by 6A991.AT Column 

1 

AT applies to ‘‘software’’ for 

commodities controlled by 

6A991.

AT Column 

2 

List Based License Exceptions (See Part 740 

for a description of all license 

exceptions) 


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CIV: N/A 

TSR: N/A 

List of Items Controlled 

Related Controls: (1) See ECCN 6D002 for 

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

‘‘use’’ of commodities controlled under 

ECCN 6A002.b. (2) See ECCN 6D003.c for 

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

cameras incorporating ‘‘focal plane arrays’’ 

specified by 6A002.a.3.f and ‘‘specially 

designed’’ to remove a frame rate 

restriction and allow the camera to exceed 

the frame rate specified in 6A003.b.4 Note 

3.a. 

Related Definitions: N/A 

Items: 

The list of items controlled is contained in 

the ECCN heading. 

■ 36. In Supplement No. 1 to part 774, 

Category 6, ECCN 6E001 is amended by: 

■ a. Revising the TSR paragraph in the 

List Based License Exceptions section; 

and 

■ b. Revising the Related Controls 

paragraph in the List of Items Controlled 

section, to read as follows: 

6E001 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘development’’ of equipment, materials 

or ‘‘software’’ controlled by 6A (except 

6A990, 6A991, 6A992, 6A994, 6A995, 

6A996, 6A997, 6A998, or 6A999.c), 6B 

(except 6B995), 6C (except 6C992 or 

6C994), or 6D (except 6D991, 6D992, or 

6D993). 

* * * * * 

List Based License Exceptions (See Part 740 

for a description of all license 

exceptions) 

* * * * * 

TSR: Yes, except for the following: (1) Items 

controlled for MT reasons; (2) 

‘‘Technology’’ for commodities controlled 

by 6A002, 6A003, 6A004.e or 6A008.j.1; (3) 

‘‘Technology’’ for ‘‘software’’ ‘‘specially 

designed’’ for ‘‘space qualified’’ ‘‘laser’’ 

radar or Light Detection and Ranging 

(LIDAR) equipment defined in 6A008.j.1 

and controlled by 6D001 or 6D002; or (4) 

Exports or reexports to destinations outside 

of those countries listed in Country Group 

A:5 (See Supplement No. 1 to part 740 of 

the EAR) of ‘‘technology’’ for the 

‘‘development’’ of the following: 

6A001.a.1.b, 6A001.a.1.e, 6A001.a.2.a.1, 

6A001.a.2.a.2, 6A001.a.2.a.3, 

6A001.a.2.a.5, 6A001.a.2.a.6, 6A001.a.2.b, 

6A001.a.2.d, 6A001.a.2.e., 6A004.c, 

6A004.d,, 6A006.a.2, 6A006.c.1, 6A006.d, 

6A006.e, 6A008.d, 6A008.h, 6A008.k, 

6B008, 6D003.a; (b) Equipment controlled 

by 6A001.a.2.c or 6A001.a.2.f when 

‘‘specially designed’’ for real time 

applications; or (c) ‘‘Software’’ controlled 

by 6D001 and ‘‘specially designed’’ for the 

‘‘development’’ or ‘‘production’’ of 

equipment controlled by 6B008, or 

6D003.a. 

* * * * * 

List of Items Controlled 

Related Controls: (1) Technical data directly 

related to satellites and all other items 

described in USML Category XV are 

subject to the ITAR under USML Category 

XV(f). (2) Technical data directly related to 

laser systems, infrared imaging systems, 

and all other items described in USML 

Category XII are subject to the ITAR under 

USML Category XII(f). (3) See also 6E101, 

6E201, and 6E991. 

* * * * * 

■ 37. In Supplement No. 1 to part 774, 

Category 6, ECCN 6E002 is amended by: 

■ a. Revising the TSR paragraph in the 

List Based License Exceptions section; 

and 

■ b. Revising the Related Controls 

paragraph in the List of Items Controlled 

section, to read as follows: 

6E002 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘production’’ of equipment or materials 

controlled by 6A (except 6A990, 6A991, 

6A992, 6A994, 6A995, 6A996, 6A997, 

6A998 or 6A999.c), 6B (except 6B995) or 

6C (except 6C992 or 6C994). 

* * * * * 

List Based License Exceptions (See Part 740 

for a description of all license 

exceptions) 

* * * * * 

TSR: Yes, except for the following: 

(1) Items controlled for MT reasons; 

(2) ‘‘Technology’’ for commodities 

controlled by 6A002, 6A003, 6A004.e, 

6A008.j.1; or 

(3) Exports or reexports to destinations 

outside of those countries listed in Country 

Group A:5 (See Supplement No. 1 to part 740 

of the EAR) of ‘‘technology’’ for the 

‘‘production’’ of the following: (a) Items 

controlled by 6A001.a.1.b, 6A001.a.1.e, 

6A001.a.2.a.1, 6A001.a.2.a.2, 6A001.a.2.a.3, 

6A001.a.2.a.5, 6A001.a.2.a.6, 6A001.a.2.b, 

6A004.c, 6A004.d, 6A006.a.2, 6A006.c.1, 

6A006.d, 6A006.e, 6A008.d, 6A008.h, 

6A008.k, 6B008; and (b) Items controlled by 

6A001.a.2.c and 6A001.a.2.f when ‘‘specially 

designed’’ for real time applications. 

* * * * * 

List of Items Controlled 

Related Controls: (1) Technical data directly 

related to satellites and all other items 

described in USML Category XV are 

subject to the ITAR under USML Category 

XV(f). (2) Technical data directly related to 

laser systems, infrared imaging systems, 

and all other items described in USML 

Category XII are subject to the ITAR under 

USML Category XII(f). (3) See also 6E992. 

* * * * * 

■ 38. In Supplement No. 1 to part 774, 

Category 6, ECCN 6E990 is amended by 

revising the Related Controls paragraph 

in the List of Items Controlled section to 

read as follows: 

6E990 ‘‘Technology’’ ‘‘required’’ for the 

‘‘development’’ or ‘‘production’’ of 

commodities controlled by ECCN 6A990. 

* * * * * 

List of Items Controlled 

Related Controls: Technical data directly 

related to read-out integrated circuits 

described in USML Category XII(e) are 

subject to the ITAR under USML Category 

XII(f). 

* * * * * 

■ 39. In Supplement No. 1 to part 774, 

Category 7, ECCN 7A001 is amended by 

revising the Related Controls paragraph 

in the List of Items Controlled section, 

to read as follows: 

7A001 Accelerometers as follows (see List 

of Items Controlled) and ‘‘specially 

designed’’ ‘‘components’’ therefor. 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: (1) See USML Category 

XII(e) for accelerometers subject to the 

ITAR. (2) See also ECCNs 7A101, 7A611, 

and 7A994. For angular or rotational 

accelerometers, see ECCN7A001.b. MT 

controls do not apply to accelerometers 

that are ‘‘specially designed’’ and 

developed as Measurement While Drilling 

(MWD) sensors for use in downhole well 

service applications. 

* * * * * 

■ 40. In Supplement No. 1 to part 774, 

Category 7, ECCN 7A002 is amended by 

revising the Related Controls paragraph 

in the List of Items Controlled section, 

to read as follows: 

7A002 Gyros or angular rate sensors, 

having any of the following (see List of 

Items Controlled) and ‘‘specially 

designed’’ ‘‘components’’ therefor. 

* * * * * 

List of Items Controlled 

Related Controls: (1) See USML Category 

XII(e) for gyros or angular rate sensors 

subject to the ITAR. (2) See also ECCNs 

7A102, 7A611, and 7A994. For angular or 

rotational accelerometers, see ECCN 

7A001.b. 

* * * * * 

■ 41. In Supplement No. 1 to part 774, 

Category 7, ECCN 7A003 is amended by 

revising the Related Controls paragraph 

in the List of Items Controlled section, 

to read as follows: 

7A003 ‘Inertial measurement equipment or 

systems,’ having any of the following 

(see List of Items Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: See also ECCNs 7A103, 

7A611, and 7A994. See USML Category 

XII(d) for guidance or navigation systems 

subject to the ITAR. 

* * * * * 

■ 42. In Supplement No. 1 to part 774, 

Category 7, amend ECCN 7A005 by 

revising the Related Controls paragraph 

in the List of Items Controlled section, 

to read as follows: 


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7A005 Global Navigation Satellite Systems 

(GNSS) receiving equipment having any 

of the following (see List of Items 

Controlled) and ‘‘specially designed’’ 

‘‘components’’ therefor. 

* * * * * 

List of Items Controlled 

Related Controls: (1) See also ECCNs 7A105 

and 7A994. Typically commercially 

available GNSS receivers do not employ 

decryption or adaptive antennas and are 

classified as 7A994. (2) See USML Category 

XII(d) for GNSS receiving equipment 

subject to the ITAR. 

* * * * * 

■ 43. In Supplement No. 1 to part 774, 

Category 7, ECCN 7A101 is amended by 

revising the Related Controls paragraph 

in the List of Items Controlled section, 

to read as follows: 

7A101 Accelerometers, other than those 

controlled by 7A001 (see List of Items 

Controlled), and ‘‘specially designed’’ 

‘‘parts’’ and ‘‘components’’ therefor. 

* * * * * 

List of Items Controlled 

Related Controls: (1) See USML Category 

XII(e) for accelerometers subject to the 

ITAR. (2) See also ECCNs 7A001 and 

7A611. (3) This entry does not control 

accelerometers that are ‘‘specially 

designed’’ and developed as MWD 

(Measurement While Drilling) sensors for 

use in downhole well service operations. 

* * * * * 

■ 44. In Supplement No. 1 to part 774, 

Category 7, ECCN 7A102 is amended by 

revising the Related Controls paragraph 

in the List of Items Controlled section, 

to read as follows: 

7A102 Gyros, other than those controlled 

by 7A002 (see List of Items Controlled), 

and ‘‘specially designed’’ ‘‘parts’’ and 

‘‘components’’ therefor. 

* * * * * 

List of Items Controlled 

Related Controls: (1) See USML Category 

XII(e) for gyros or angular rate sensors 

subject to the ITAR. (2) See also ECCNs 

7A002, 7A611, and 7A994. 

* * * * * 

■ 45. In Supplement No. 1 to part 774, 

Category 7, ECCN 7A611 is revised to 

read as follows: 

7A611 Military fire control, laser, imaging, 

and guidance and control equipment, as 

follows (see List of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) 

Country chart (see 

Supp. No. 1 to Part 

738) 

NS applies to entire 

entry except 

7A611.y.

NS Column 1 

Control(s) 

Country chart (see 

Supp. No. 1 to Part 

738) 

RS applies to entire 

entry except 

7A611.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry except 

7A611.y.

See § 746.1(b) for UN 

controls 

List Based License Exceptions 

(See Part 740 for a description of all license 

exceptions) 

LVS: $1500 

GBS: N/A 

CIV: N/A 

Special Conditions for STA 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in 7A611. 

List of Items Controlled 

Related Controls: (1) Military fire control, 

laser, imaging, and guidance and control 

equipment that are enumerated in USML 

Category XII, and technical data (including 

software) directly related thereto, are 

subject to the ITAR. (2) Navigation and 

avionics equipment and systems, and 

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

‘‘attachments’’ ‘‘specially designed’’ 

therefor, ‘‘specially designed’’ for a 

military application that are not 

enumerated in any USML category or 

another ‘‘600 series’’ ECCN are controlled 

by ECCN 3A611. (3) See Related Controls 

in ECCNs 0A987, 2A984, 6A002, 6A003, 

6A004, 6A005, 6A007, 6A008, 7A001, 

7A002, 7A003, 7A005, 7A101, and 7A102. 

(4) See ECCN 3A611 and USML Category 

XI for controls on countermeasure 

equipment. (5) See ECCN 0A919 for 

foreign-made ‘‘military commodities’’ that 

incorporate more than a de minimis 

amount of U.S. origin ‘‘600 series’’ 

controlled content. 

Related Definitions: N/A 

Items: 

a. Guidance, navigation, or control 

systems, not elsewhere specified on the 

USML, that are ‘‘specially designed’’ for a 

defense article on the USML or for a 600 

series item. 

b. Inertial measurement units (IMUs), not 

elsewhere specified on the USML, that are 

‘‘specially designed’’ for a 600 series item. 

c. Accelerometers, not elsewhere specified 

on the USML, that are ‘‘specially designed’’ 

for a defense article on the USML or for a 600 

series item. 

d. Gyros or angular rate sensors, not 

elsewhere specified on the USML, that are 

‘‘specially designed’’ for a defense article on 

the USML or for a 600 series item. 

e. Gravity meters (gravimeters), not 

elsewhere specified on the USML, that are 

‘‘specially designed’’ for a defense article on 

the USML or for a 600 series item. 

f. to w. [RESERVED] 

x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity enumerated or 

otherwise described in ECCN 7A611 (except 

7A611.y) or a defense article enumerated or 

otherwise described in Category XII and not 

elsewhere specified on the USML, in 

7A611.y, or 3A611.y. 

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

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

designed’’ for a commodity subject to control 

in this ECCN or a defense article in Category 

XII and not elsewhere specified on the USML 

or in the CCL, as follows, and ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

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

y.1 [RESERVED] 

■ 46. In Supplement No. 1 to part 774, 

Category 7, ECCN 7A994 is revised to 

read as follows: 

7A994 Other navigation direction finding 

equipment, airborne communication 

equipment, all aircraft inertial 

navigation systems not controlled under 

7A003 or 7A103, and other avionic 

equipment, including ‘‘parts’’ and 

‘‘components,’’ n.e.s. 

License Requirements 

Reason for Control: AT 

Control(s) 

Country chart (see 

Supp. No. 1 to Part 

738) 

AT applies to entire 

entry.

AT Column 1 

License Requirement Notes: 

(1) Typically commercially available GPS 

do not employ decryption or adaptive 

antenna and are classified as 7A994. 

List Based License Exceptions 

(See Part 740 for a description of all license 

exceptions) 

LVS: N/A 

GBS: N/A 

CIV: N/A 

List of Items Controlled 

Related Controls: See 7A005 and 7A105. 

Related Definitions: N/A 

Items: The list of items controlled is 

contained in the ECCN heading. 

* * * * * 

■ 47. In Supplement No. 1 to part 774, 

Category 7, add a new ECCN 7B611 

between ECCNs 7B103 and 7B994, to 

read as follows: 

7B611 Test, inspection, and production 

commodities ‘‘specially designed’’ for 

military fire control, laser, imaging, and 

guidance and control equipment, as 

follows (see List of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) 

Country chart (see 

Supp. No. 1 to Part 

738) 

NS applies to entire 

entry.

NS Column 1 

RS applies to entire 

entry.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 


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Control(s) 

Country chart (see 

Supp. No. 1 to Part 

738) 

UN applies to entire 

entry.

See § 746.1(b) for UN 

controls 

List Based License Exceptions 

(See Part 740 for a description of all license 

exceptions) 

LVS: $1500 

GBS: N/A 

CIV: N/A 

Special Conditions for STA 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in 7B611. 

List of Items Controlled 

Related Controls: N/A 

Related Definitions: N/A 

Items: 

a. Test, inspection, and production end 

items and equipment ‘‘specially designed’’ 

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

overhaul, or refurbishing of commodities 

controlled in ECCN 7A611 (except 7A611.y) 

or commodities in USML Category XII that 

are not enumerated in USML Category XII or 

‘‘600 series’’ ECCN. 

b. Environmental test facilities ‘‘specially 

designed’’ for the certification, qualification, 

or testing of commodities controlled in ECCN 

7A611 (except 7A611.y) or guidance and 

control equipment in USML Category XII that 

are not enumerated in USML Category XII or 

‘‘600 series’’ ECCN. 

c. Field test equipment ‘‘specially 

designed’’ to evaluate or calibrate the 

operation of systems described in USML 

Category XII(a), (b), or (c). 

d. to w. [RESERVED] 

x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity listed in this 

entry and that are not enumerated on the 

USML or controlled by another ‘‘600 series’’ 

ECCN. 

■ 48. In Supplement No. 1 to part 774, 

Category 7, add a new ECCN 7D611 

between ECCNs 7D103 and 7D994, to 

read as follows: 

7D611 ‘‘Software’’ ‘‘specially designed’’ for 

commodities controlled by 7A611 or 

equipment controlled by 7B611, as 

follows (see List of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) 

Country chart (see 

Supp. No. 1 to Part 

738) 

NS applies to entire 

entry except 

7D611.y.

NS Column 1 

RS applies to entire 

entry except 

7D611.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry except 

7D611.y.

See § 746.1(b) for UN 

controls 

List Based License Exceptions 

(See Part 740 for a description of all license 

exceptions) 

CIV: N/A 

TSR: N/A 

Special Conditions for STA 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any software in 7D611. 

List of Items Controlled 

Related Controls: ‘‘Software’’ directly related 

to articles enumerated in USML Category 

XII is subject of USML paragraph XII(f). 

Related Definitions: 

Items: 

a. ‘‘Software’’ ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ operation, or 

maintenance of commodities controlled by 

ECCNs 7A611 (except 7A611.y) or 7B611. 

b. to x. [RESERVED] 

y. Specific ‘‘software’’ ‘‘specially designed’’ 

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

operation, or maintenance of commodities 

described in 7A611.y. 

■ 49. In Supplement No. 1 to part 774, 

Category 7, add a new ECCN 7E611 

between ECCNs 7E104 and 7E994, to 

read as follows: 

7E611 ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul or refurbishing of 

commodities controlled by 7A611, 

commodities controlled by 7B611, or 

software controlled by 7D611, as follows 

(see List of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) 

Country chart (see 

Supp. No. 1 to Part 

738) 

NS applies to entire 

entry except 

7E611.y.

NS Column 1 

RS applies to ‘‘development’’ or ‘‘production’’ ‘‘technology’’ in 7E611.a.A license is required 

to export and reexport these items to 

all countries, including Canada. A column specific to this 

control does not appear on the Commerce Country 

Chart. (See 

§ 742.6(a)(8)). 

RS applies to entire 

entry except 

7E611.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry except 

7E611.y.

See § 746.1(b) for UN 

controls 

List Based License Exceptions 

(See Part 740 for a description of all license 

exceptions) 

CIV: N/A 

TSR: N/A 

Special Conditions for STA 

STA: (1) Paragraph (c)(1) of License 

Exception STA (§ 740.20(c)(1) of the EAR) 

may not be used for ‘‘development’’ or 

‘‘production’’ ‘‘technology’’ in 7E611.a. (2) 

Paragraph (c)(2) of License Exception STA 

(§ 740.20(c)(2) of the EAR) may not be used 

for any technology in 7E611. 

List of Items Controlled 

Related Controls: Technical data directly 

related to articles enumerated in USML 

Category XII are subject to the control of 

USML Category XII(f). 

Related Definitions: N/A 

Items: 

a. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development’’ or ‘‘production’’ of 

commodities controlled by ECCNs 7A611.a– 

.e. 

b. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development’’ or ‘‘production’’ of 

commodities or ‘‘software’’ controlled by 

ECCNs 7A611 (except 7A611.a–.e or .y), 

7B611, or 7D611. 

c. ‘‘Technology’’ ‘‘required’’ for the 

operation, installation, maintenance, repair, 

overhaul, or refurbishing of commodities or 

‘‘software’’ controlled by ECCNs 7A611 

(except 7A611.y), 7B611, or 7D611 (except 

7D611.y). 

d. through x. [RESERVED] 

y. Specific ‘‘technology’’ ‘‘required’’ for the 

‘‘production,’’ ‘‘development,’’ operation, 

installation, maintenance, repair, or overhaul 

of commodities or software controlled by 

ECCNs 7A611.y or 7D611.y. 

■ 50. In Supplement No. 1 to part 774, 

Category 7, ECCN 7E994 is amended by 

revising the Related Controls paragraph 

in the List of Items Controlled section, 

to read as follows: 

7E994 ‘‘Technology,’’ n.e.s., for the 

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

of navigation, airborne communication, 

and other avionics equipment. 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: N/A 

* * * * * 

■ 51. In Supplement No. 1 to part 774, 

Category 8, ECCN 8A002 is amended by 

revising the Related Controls paragraph 

in the List of Items Controlled section, 

to read as follows: 

8A002 Marine systems, equipment, ‘‘parts’’ 

and ‘‘components,’’ as follows (see List 

of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: (1) See also 8A992 and for 

underwater communications systems, see 

Category 5, Part I—Telecommunications. 

(2) See also 8A992 for self-contained 

underwater breathing apparatus that is not 

controlled by 8A002 or released for control 

by the 8A002.q Note. (3) For electronic 

imaging systems ‘‘specially designed’’ or 


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modified for underwater use incorporating 

image intensifier tubes specified by 

6A002.a.2.a or 6A002.a.2.b, see 6A003.b.3. 

(4) For electronic imaging systems 

‘‘specially designed’’ or modified for 

underwater use incorporating ‘‘focal plane 

arrays’’ specified by 6A002.a.3.g, see 

6A003.b.4.c. (5) Section 744.9 imposes a 

license requirement on commodities 

described in 8A002.d.1.c or .d.2 if being 

exported, reexported, or transferred (incountry) for use by a military end-user or 

for incorporation into an item controlled 

by ECCN 0A919. 

* * * * * 

■ 52. In Supplement No. 1 to part 774, 

Category 9, ECCN 9A991 is amended by: 

■ a. Removing the License Requirement 

Notes paragraph in the License 

Requirements section, and 

■ b. Revising the Related Controls 

paragraph in the List of Items Controlled 

section to read as follows: 

9A991 ‘‘Aircraft’’, n.e.s., and gas turbine 

engines not controlled by 9A001 or 

9A101 and ‘‘parts’’ and ‘‘components,’’ 

n.e.s. (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: N/A 

* * * * * 

Dated: February 11, 2016. 

Kevin J. Wolf, 

Assistant Secretary of Commerce for Export 

Administration. 

[FR Doc. 2016–03182 Filed 2–18–16; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF STATE 

22 CFR Part 121 

[Public Notice: 9445] 

RIN 1400–AD32 

Amendment to the International Traffic 

in Arms Regulations: Revision of U.S. 

Munitions List Category XII 

AGENCY: Department of State. 

ACTION: Proposed rule. 

SUMMARY: As part of the President’s 

Export Control Reform effort, the 

Department of State proposes to amend 

the International Traffic in Arms 

Regulations (ITAR) to revise Category 

XII (fire control, laser, imaging, and 

guidance and control equipment) of the 

U.S. Munitions List (USML) to describe 

more precisely the articles warranting 

control on the USML. The Department 

also proposes to amend USML 

Categories VIII, XIII, and XV to reflect 

that items now described in those 

Categories will be in the revised 

Category XII. 

DATES: The Department of State will 

accept comments on this proposed rule 

until April 4, 2016. 

ADDRESSES: Interested parties may 

submit comments within 45 days of the 

date of publication by one of the 

following methods: 

• Email: DDTCPublicComments@

state.gov with the subject line, ‘‘ITAR 

Amendment—Category XII Second 

Proposed.’’ 

• Internet: At www.regulations.gov, 

search for this notice by using this rule’s 

RIN (1400–AD32). 

Comments received after that date 

will be considered if feasible, but 

consideration cannot be assured. Those 

submitting comments should not 

include any personally identifying 

information they do not desire to be 

made public or any information for 

which a claim of confidentiality is 

asserted. All comments and transmittal 

emails will be made available for public 

inspection and copying after the close of 

the comment period via the Directorate 

of Defense Trade Controls Web site at 

www.pmddtc.state.gov. Parties who 

wish to comment anonymously may do 

so by submitting their comments via 

www.regulations.gov, leaving the fields 

that would identify the commenter 

blank and including no identifying 

information in the comment itself. 

Comments submitted via 

www.regulations.gov are immediately 

available for public inspection. 

FOR FURTHER INFORMATION CONTACT: Mr. 

C. Edward Peartree, Director, Office of 

Defense Trade Controls Policy, 

Department of State, telephone (202) 

663–2792; email 

DDTCPublicComments@state.gov. 

ATTN: Regulatory Change, USML 

Category XII. 

SUPPLEMENTARY INFORMATION: The 

Directorate of Defense Trade Controls 

(DDTC), U.S. Department of State, 

administers the International Traffic in 

Arms Regulations (ITAR) (22 CFR parts 

120–130). The items subject to the 

jurisdiction of the ITAR, i.e., defense 

articles, are identified on the ITAR’s 

U.S. Munitions List (USML) (22 CFR 

121.1). With few exceptions, items not 

subject to the export control jurisdiction 

of the ITAR are subject to the 

jurisdiction of the Export 

Administration Regulations (EAR), 15 

CFR parts 730–774, which includes the 

Commerce Control List (CCL) in 

Supplement No. 1 to Part 774), 

administered by the Bureau of Industry 

and Security (BIS), U.S. Department of 

Commerce. Both the ITAR and the EAR 

impose license requirements on exports 

and reexports. Items not subject to the 

ITAR or to the exclusive licensing 

jurisdiction of any other set of 

regulations are subject to the EAR. 

The revisions contained in this rule 

are part of the Department of State’s 

retrospective plan under E.O. 13563. 

All references to the USML in this 

rule are to the list of defense articles 

that are controlled for the purpose of 

export or temporary import pursuant to 

the ITAR, and not to the defense articles 

on the USML that are controlled by the 

Bureau of Alcohol, Tobacco, Firearms 

and Explosives (ATF) for the purpose of 

permanent import under its regulations 

(see 27 CFR part 447). Pursuant to 

§ 38(a)(1) of the Arms Export Control 

Act (AECA), all defense articles 

controlled for export or import are part 

of the USML under the AECA. For the 

sake of clarity, the list of defense articles 

controlled by ATF for the purpose of 

permanent import is the United States 

Munitions Import List (USMIL). The 

transfer of defense articles from the 

ITAR’s USML to the EAR’s CCL for the 

purpose of export control does not affect 

the list of defense articles controlled on 

the USMIL under the AECA for the 

purpose of permanent import. 

Revision of Category XII 

The revision of USML Category XII 

was first published as a proposed rule 

(RIN 1400–AD32) on May 5, 2015, for 

public comment (see 80 FR 25821) (first 

proposed rule). The comment period 

ended July 6, 2015. One hundred twenty 

parties submitted public comments, 

which were reviewed and considered by 

the Department and other agencies. 

The majority of the public comments 

stated that the proposed controls in 

USML Category XII included items that 

are in commercial and civil 

applications, identifying items that 

would largely be controlled under 

paragraphs (b), (c), (d), and (e), and 

requested that the Department limit the 

USML controls for most paragraphs to 

items specially designed for the 

military. The comments varied in level 

of detail and specific paragraphs 

addressed, if any, but the general tenor 

of the public comments was consistent. 

These comments led the Department to 

reevaluate USML Category XII in its 

entirety and to draft this second 

proposed rule to allow for public 

feedback on new proposed changes. 

Given the thorough redrafting of USML 

Category XII, the Department does not 

address each public comment in detail. 

This second proposed rule revises 

USML Category XII, covering fire 

control, range finder, optical and 

guidance and control equipment, to 

advance the national security objectives 

of the President’s Export Control Reform 

initiative and to more accurately 


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