[Federal Register Volume 74, Number 98 (Friday, May 22, 2009)]
[Rules and Regulations]
[Pages 23941-23949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11951]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 730, 734, 738, 740, 742, 743, 744, 746, 772 and 774

[Docket No. 0612242573-7104-01]
RIN 0694-AD71


Revisions to License Requirements and License Exception 
Eligibility for Certain Thermal Imaging Cameras and Foreign Made 
Military Commodities Incorporating Such Cameras

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This rule imposes a license requirement for certain exports 
and reexports of military commodities manufactured outside the United 
States that are not subject to the International Traffic in Arms 
Regulations, regardless of the level of U.S. origin content, if those 
military commodities incorporate certain thermal imaging cameras that 
are subject to the Export Administration Regulations. This rule also 
removes Commerce Control List (CCL) based export and reexport license 
requirements with respect to 36 destinations for certain thermal 
imaging cameras when they are not incorporated into military 
commodities and if they are not being exported or reexported to be 
embedded in a civil product. It imposes a semi-annual reporting 
requirement on the transactions from which it removes the CCL based 
license requirements. This rule limits use of License Exception APR for 
reexports of certain cameras controlled by Export Control 
Classification Number 6A003.b.4.b and certain foreign made military 
commodities incorporating such cameras. This rule imposes a license 
requirement for software used to increase the frame rate of certain 
cameras. BIS is making these changes in recognition of the emerging 
availability of these cameras around the world, the export licensing 
practices of other governments and the potential use of these cameras 
in military applications.

DATES: Effective Date: This rule is effective May 22, 2009.

[[Page 23942]]

    Compliance Date: All reexports made ineligible for License 
Exception APR by this rule and exports or reexports for which this rule 
imposes a new license requirement must be in compliance with this rule 
no later than June 22, 2009.

FOR FURTHER INFORMATION CONTACT: John Varesi, Sensors and Aviation 
Division, Office of National Security and Technology Transfer Controls 
(202) 482-1114 or <a href="/cdn-cgi/l/email-protection#503a263122352339103239237e343f337e373f26"><span class="__cf_email__" data-cfemail="81ebf7e0f3e4f2e8c1e3e8f2afe5eee2afe6eef7">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Background

    The Export Administration Regulations (EAR) impose license 
requirements on, among other things, imaging cameras incorporating non-
space-qualified, non-linear (2-dimensional) infrared focal plane 
arrays, based on microbolometer material having individual elements 
with an unfiltered response in the wavelength range equal to or 
exceeding 8,000 nm but not exceeding 14,000 nm. Prior to publication of 
this rule, these cameras were listed on the Commerce Control List (CCL) 
with national security (NS column 2), regional stability (RS column 1), 
antiterrorism (AT column 1) and United Nations embargo (UN) reasons for 
control. The RS column 1 reason for control is the most restrictive of 
these controls, imposing a license requirement on exports and reexports 
to all destinations other than Canada. Prior to publication of this 
rule, all of these cameras were also eligible under License Exception 
APR for reexport from Country Group A:1 and cooperating countries to 
Country Group D:1, and for reexport to Country Group A:1 and 
cooperating countries as identified in Supplement No. 1 to part 740 of 
the EAR.
    In light of the potential for these cameras to be used in military 
applications as well as the growing number of foreign suppliers and the 
export license policies of other governments with respect to the 
destinations that form major markets for thermal imaging cameras, a 
revision of CCL based license requirements on certain cameras is 
warranted.
    These cameras have the potential for military application, 
including incorporation into military commodities in ways that 
significantly enhance the capabilities of the military commodity. 
Therefore, in this rule, BIS is asserting licensing jurisdiction over 
military commodities manufactured outside the United States that 
incorporate certain cameras that are listed on the CCL. This rule 
adopts a definition of military commodity that is based on the 
Munitions List that is published by the Wassenaar Arrangement on Export 
Controls for Conventional Arms and Dual-Use Goods and Technologies 
(WAML) and the United States Munitions List (22 CFR Part 121). However, 
to prevent redundant coverage, this military commodity provision does 
not apply to items that are controlled by Export Control Classification 
Numbers (ECCNs) that end in the numerals ``018'' because such ECCNs 
apply to items on the WAML and are already subject to the EAR. This 
rule also revises controls based on camera performance level as 
measured by the number of elements in the camera's focal plane array, 
its frame rate and whether the camera is being exported or reexported 
to be embedded in a civil product. A camera that incorporates a focal 
plane array with more elements generally can record more detail about 
an image than can an otherwise identical camera that incorporates an 
array with fewer elements. A camera with a higher frame rate generally 
can capture more detail about the path of a moving object and depict 
the motion of objects more smoothly than can an otherwise identical 
camera with a lower frame rate. Cameras that will be embedded in a 
civil product pose concerns that are difficult to resolve without 
knowing the type of civil product into which the camera will be 
embedded.

Changes Being Made by This Rule

Application of EAR to Military Commodities Not Otherwise Subject to the 
EAR or to the ITAR That Incorporate Certain Infrared Cameras

    This rule makes the de minimis provisions of the EAR inapplicable 
to military commodities made outside the United States that are not 
subject to the International Traffic in Arms Regulations (ITAR) (22 CFR 
Parts 120--130) and that incorporate cameras that are described in ECCN 
6A003.b.4.b.
    The rule also imposes a regional stability (RS column 1) license 
requirement on such military commodities for reexport, thereby 
requiring a license to any destination other than Canada. However, this 
license requirement does not apply if the export or reexport is part of 
a military deployment by any unit of the government of Australia, 
Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, 
Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, 
Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, 
New Zealand, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, 
South Africa, South Korea, Spain, Sweden, Switzerland, Turkey, the 
United Kingdom or the United States. Applications to reexport such 
military commodities will be reviewed in a manner that is consistent 
with the policies for similar military commodities that are subject to 
the ITAR.
    The rule accomplishes these changes by revising Sec.  734.4 to make 
foreign made military commodities containing ECCN 6A003.b.4.b cameras 
ineligible for de minimis treatment, by revising Sec.  742.6(a)(2) to 
apply the RS column 1 license requirement and United States Munitions 
List licensing policy to military commodities controlled by ECCN 0A919, 
by revising Sec.  772.1 adding a definition of ``military commodity,'' 
and by revising Supplement No. 1 to part 774 to create a new ECCN 0A919 
to apply to military commodities made outside the United States that 
are not subject to the ITAR. This rule also imposes anti-terrorism (AT 
Column 1) and United Nations (arms embargo, Rwanda) license 
requirements and licensing policy to military commodities controlled by 
ECCN 0A919.
    This rule also revises the treatment of thermal imaging cameras 
that incorporate focal plane arrays as described below.

Retention of Current License Requirements and License Application 
Review Policy for the Higher Frame Rates and Number of Elements in the 
Cameras' Focal Plane Arrays and for Cameras Being Exported or 
Reexported To Be Embedded in a Civil Product

    Thermal imaging cameras described in ECCN 6A003.b.4.b that have a 
frame rate greater than 60 Hz or that incorporate a focal plane array 
with more than 111,000 elements or that are being exported or 
reexported to be embedded in a civil product continue to be subject to 
NS column 2, RS column 1, AT column 1 and UN reasons for control. These 
cameras generally will continue to require a license based on CCL 
license requirements for all destinations other than Canada. This rule 
retains this license requirement through revised language to the RS 
column 1 license requirement paragraph in ECCN 6A003, applying that 
requirement to cameras in ECCN 6A003.b.4.b that have a frame rate 
greater than 60 Hz or a focal plane array with more than 111,000 
elements or that are being exported or reexported to be embedded in a 
civil product. However, pursuant to this rule, BIS may issue licenses 
that remove the RS column 1 license requirement for cameras that are 
fully-packaged for use as consumer-

[[Page 23943]]

ready civil products for exports or reexports to Australia, Austria, 
Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, 
France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, 
Latvia, Lithuania, Luxembourg, Malta, the Netherlands, New Zealand, 
Norway, Poland, Portugal, Romania, Slovakia, Slovenia, South Africa, 
South Korea, Spain, Sweden, Switzerland, Turkey, and the United 
Kingdom.

Removal of Commerce Control List Based License Requirements for 36 
Countries and Revision of License Application Review Policy for Certain 
Other Countries for Cameras With Lower Frame Rates and Number of 
Elements in the Cameras' Focal Plane Arrays That Are Not Being Exported 
or Reexported To Be Embedded in a Civil Product

    This rule removes all CCL based license requirements for cameras 
described in ECCN 6A003.b.4.b that incorporate focal plane arrays with 
not more than 111,000 elements and that have a frame rate of 60 Hz or 
less and that are not being exported or reexported to be embedded in a 
civil product when being exported or reexported to Australia, Austria, 
Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, 
France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, 
Latvia, Lithuania, Luxembourg, Malta, the Netherlands, New Zealand, 
Norway, Poland, Portugal, Romania, Slovakia, Slovenia, South Africa, 
South Korea, Spain, Sweden, Switzerland, Turkey, and the United 
Kingdom. Exports and reexports of the cameras to Canada will continue 
to have no Commerce Control List based license requirements.
    In addition, pursuant to this rule, BIS may issue licenses that 
remove the RS column 1 license requirement for exports and reexports to 
authorized companies as named in the license for the purpose of 
embedding such camera into a completed product that will be distributed 
only in Australia, Austria, Belgium, Bulgaria, Cyprus, Czech Republic, 
Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, 
Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, the 
Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Slovakia, 
Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, 
Turkey, and the United Kingdom.
    This rule also revises license application review policy for 
cameras described in ECCN 6A003.b.4.b that incorporate focal plane 
arrays with not more than 111,000 elements and that have a frame rate 
of 60 Hz or less and that are not being exported or reexported to be 
embedded in a civil product when such cameras are being exported or 
reexported to most destinations for which a license is required for 
regional stability reasons. Applications to export or reexport cameras 
incorporating a focal plane array with not more than 111,000 elements 
and a frame rate of 60 Hz or less and that are not being exported or 
reexported to be embedded in a civil product will be evaluated under 
the regional stability policy (RS column 2) set forth in Sec.  
742.6(b)(2) of the EAR, i.e., ``will generally be considered favorably 
on a case-by-case basis unless there is evidence that the export or 
reexport would contribute significantly to the destabilization of the 
region to which the equipment is destined.''

Imposition of Reporting Requirement

    This rule imposes a new reporting requirement with respect to 
exports for which this rule's revision or removal of regional stability 
as a reason for control results in the removal of all CCL based license 
requirements. Exporters of cameras described in ECCN 6A003.b.4.b will 
have to report semiannually to BIS by e-mail the name, address and 
telephone number of the exporter; the date of each export; the name, 
address and telephone number of the consignee or end user; the model 
number(s); the serial number of each exported camera that has a serial 
number; and the quantity of each model number of camera exported 
without a license to Australia, Austria, Belgium, Bulgaria, Cyprus, 
Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, 
Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, 
Malta, the Netherlands, New Zealand, Norway, Poland, Portugal, Romania, 
Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden, 
Switzerland, Turkey, and the United Kingdom. BIS will use the 
information in these reports to verify that the cameras subject to this 
regulation are continuing to be sold to appropriate end-users and that 
the changes in controls are not jeopardizing U.S. national security or 
foreign policy interests. The rule imposes this reporting requirement 
by adding a new Sec.  743.3--Thermal Imaging Camera Reporting.

Limitation on Use of License Exception APR for Cameras in ECCN 
6A003.b.4.b

    This rule limits use of License Exception APR for cameras described 
in ECCN 6A003.b.4.b by making such cameras ineligible for reexport 
under paragraph (a) of License Exception APR, and limits their reexport 
under paragraph (b) to destinations and for purposes for which they 
would not have a CCL based license requirement if exported from the 
United States. BIS is making this change to enable BIS to inform, via 
license conditions, the recipients of the reexports of the need to 
obtain a license for further reexports.

Revised Treatment of Cambodia and Laos With Respect to Paragraph (a) of 
License Exception APR

    This rule revises the treatment of Cambodia and Laos as eligible 
destinations under License Exception APR. Although both countries are 
in Country Group D:1 and not in Country Group B, prior to publication 
of this rule, for purposes of License Exception APR, paragraph (a) they 
were treated as if the were in Country Group B (the items eligible for 
reexport under paragraph (a) of License Exception APR vary based on the 
country group in which the destination is located). Upon publication of 
this rule, they will be treated in the a same manner as other members 
of Country Group D:1 BIS is making this change because current national 
security interests of the United States do not support such disparate 
treatment of countries in Country Group D:1.

New End-User and End-Use License Requirements

    In recognition of the fact that these cameras could be used in 
military activities, this rule imposes a license requirement on exports 
and reexports to all destinations other than Canada, when the exporter 
or reexporter knows, at the time of export or reexport, that the item 
will be used by a military end-user or will be incorporated into a 
military commodity described in ECCN 0A919 as created by this rule. The 
rule defines military end-user as national armed services (army, navy, 
marine, air force, or coast guard), as well as the national guard and 
national police, government intelligence or reconnaissance 
organizations, or any person or entity whose actions or functions are 
intended to support ``military end-uses'' as defined in Sec.  
744.17(d).
    This rule also imposes a license requirement if BIS informs an 
exporter or reexporter, either individually by specific notice or 
through amendment to the EAR, that a license is required for export or 
reexport of items described in ECCN 6A003.b.4.b to specified end-users, 
because BIS has determined that there is an unacceptable risk of 
diversion to military end-users. Amendments to the EAR informing 
parties of such risk are in the form of amendments to the Entity List

[[Page 23944]]

(Supplement No. 4 to part 744 of the EAR).

Addition of Certain Cameras to the List of Items That Require a License 
for Export, Reexport or Transfer to Certain Military End Uses in China

    Supplement No. 2 to part 744 of the EAR lists items for which Sec.  
744.21 of the EAR requires a license for the export, reexport or 
transfer to certain military end-uses in the People's Republic of 
China. This rules adds cameras controlled by ECCN 6A993 to Supplement 
No. 2 to part 744. BIS is taking this action consistent with United 
States Government policy of not supporting China's military 
modernization efforts.

Imposition of License Requirement for Software To Raise the Frame Rate 
of Cameras Above 9 Hz

    This rule adds a new ECCN 6D994 to apply RS column 1 licensing 
requirement to software that is capable of increasing to more than 9 
Hz, the frame rate of cameras that incorporate focal plane arrays 
controlled by 6A002.a.3.f. This new ECCN will allow BIS to impose a 
license requirement on software that could be used to raise the frame 
rate of previously exported cameras to a level equivalent to that of 
cameras that require a license for export.

Rulemaking Requirements

    1. This rule is not a significant rule for purposes of Executive 
Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to nor be subject to a penalty for failure to 
comply with a collection of information, subject to the requirements of 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), 
unless that collection of information displays a currently valid Office 
of Management and Budget (OMB) Control Number. This regulation contains 
a collection previously approved by the OMB under control numbers 0694-
0088, (Multi-Purpose Application,'' which carries a burden hour 
estimate of 58 minutes to prepare and submit form BIS-748. 
Miscellaneous and recordkeeping activities account for 12 minutes per 
submission. BIS estimates that this rule will reduce the total burden 
hours associated with this collection by 1,750 annually.
    The reporting requirement for exports of cameras described in ECCN 
6A3.b.4.b, imposed by this rule is a new collection of information. 
This new collection has been approved by OMB under control number 0694-
0133. The estimated burden associated with this new collection is 60 
hours annually.
    3. This rule does not contain policies with Federalism implications 
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring notice of proposed rulemaking, the opportunity for 
public participation, and a delay in effective date, are inapplicable 
because this regulation involves a military or foreign affairs function 
of the United States (see 5 U.S.C. 553(a)(1)). Further, no other law 
requires that a notice of proposed rulemaking and an opportunity for 
public comment be given for this rule. Because a notice of proposed 
rulemaking and an opportunity for public comment are not required to be 
given for this rule by 5 U.S.C. 553, or by any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are not applicable.

List of Subjects

15 CFR Part 730

    Administrative practice and procedure, Advisory committees, 
Exports, Reporting and recordkeeping requirements, Strategic and 
critical materials.

15 CFR Part 734

    Administrative practice and procedure, Exports, Inventions and 
patents, Research, Science and technology.

15 CFR Part 740

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements.

15 CFR Parts 738 and 772

    Exports.

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 Parts 746 and 774

    Exports, Reporting and recordkeeping requirements.

0
For the reasons set forth in the preamble, the Export Administration 
Regulations (15 CFR parts 730-774) are amended as follows:

PART 730--[AMENDED]

0
1. The authority citation for part 730 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. 2151 
note; 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; 46 U.S.C. 
app. 466c; 50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; 
E.O. 11912, 41 FR 15825, 3 CFR, 1976 Comp., p. 114; E.O. 12002, 42 
FR 35623, 3 CFR, 1977 Comp., p. 133; E.O. 12058, 43 FR 20947, 3 CFR, 
1978 Comp., p. 179; E.O. 12214, 45 FR 29783, 3 CFR, 1980 Comp., p. 
256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12854, 
58 FR 36587, 3 CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR 28205, 3 
CFR, 1994 Comp., p. 899; 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. 
12981, 60 FR 62981, 3 CFR, 1995 Comp., p. 419; 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. 13099, 63 FR 45167, 3 CFR, 1998 Comp., 
p.208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 
13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; E.O. 13338, 69 FR 
26751, May 13, 2004; Notice of July 23, 2008, 73 FR 43603 (July 25, 
2008); Notice of November 10, 2008, 73 FR 67097 (November 12, 2008).


0
2. Supplement No. 1 to part 730 is amended by adding to the table 
immediately following the entry for collection number 0694-0132 and 
immediately preceding the entry for 0964-0134, the following new entry.

Supplement No. 1 to Part 730--Information Collection Requirements Under 
the Paperwork Reduction Act: OMB Control Numbers

* * * * *

[[Page 23945]]



------------------------------------------------------------------------
                                                           Reference in
         Collection No.                   Title               the EAR
------------------------------------------------------------------------
 
                              * * * * * * *
0694-0133......................  Thermal Imaging Camera     Sec.   743.3
                                  Reporting.
 
                              * * * * * * *
------------------------------------------------------------------------

PART 734--[AMENDED]

0
3. The authority citation for 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; Notice of July 23, 2008, 73 FR 43603 (July 25, 2008); Notice of 
November 10, 2008, 73 FR 67097 (November 12, 2008).


0
4. Section 734.4 is amended by redesignating paragraph (a)(5) as 
paragraph (a)(6) and adding a new paragraph (a)(5) to read as follows:


Sec.  734.4  De Minimis U.S. content.

    (a) * * *
    (5) There is no de minimis level for foreign made military 
commodities that incorporate cameras classified under ECCN 6A003.b.4.b 
if such cameras would be subject to the EAR as separate items and if 
the foreign made military commodity is not subject to the International 
Traffic in Arms Regulations (22 U.S.C. Parts 120-130).
* * * * *

PART 738--[AMENDED]

0
5. The authority citation for 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; 46 U.S.C. app. 466c; 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 July 23, 2008, 73 FR 43603 (July 25, 2008).


0
6. In Supplement No. 1 to part 738, The Commerce Country Chart, add:
0
a. References to footnote number 2 in the rows for Cyprus, Malta and 
South Africa,
0
b. References to footnote number 3 in the rows for Australia, Austria, 
Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, 
France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, 
Korea, South, Latvia, Lithuania, Luxembourg, Malta, Netherlands, New 
Zealand, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, South 
Africa, Spain, Sweden, Switzerland, Turkey, and United Kingdom.
0
c. References to footnote number 4 in rows for the countries Austria, 
Cyprus, Finland, Ireland, Korea, South, Malta, South Africa, Sweden, 
and Switzerland; and
0
d. New footnotes 2 through 4 to the table to read as follows:

Supplement No. 1 to Part 738--Commerce Country Chart

* * * * *
    \2\ See Sec.  742.4(a) for special provisions that apply to 
exports and reexports to these countries of certain thermal imaging 
cameras.
    \3\ See Sec.  742.6(a)(3) for special provisions that apply to 
military commodities that are subject to ECCN 0A919.
    \4\ See Sec.  742.6(a)(2) and (4)(ii) regarding special 
provisions for exports and reexports of certain thermal imaging 
cameras to these countries.

PART 740--[AMENDED]

0
7. The authority citation for part 740 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
Sec. 901-911, Public Law 106-387; 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 July 23, 2008, 73 FR 43603 (July 25, 2008).


0
8. Section 740.2 is amended by adding paragraph (a)(11) to read as 
follows:


Sec.  740.2  Restrictions on all License Exceptions.

    (a) * * *
    (11) The item is a ``military commodity'' subject to ECCN 0A919, 
except that such military commodities may be reexported in accordance 
with Sec.  740.11(b)(2)(ii) (official use by personnel and agencies of 
the U.S. Government).
* * * * *

0
9. Section 740.16 is amended by revising paragraph (a)(2), paragraph 
(a)(3)(i), paragraph (a)(3)(ii) and paragraph (b) to read as follows:


Sec.  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 or cameras described in ECCN 6A003.b.4.b; and
    (3) * * *
    (i) A country in Country Group B that is not also included in 
Country Group D:2, D:3, or D:4; and the commodity being reexported is 
both controlled for national security reasons and not controlled for 
export to Country Group A:1; or
    (ii) A country in Country Group D:1 (National Security) (see 
Supplement No. 1 to part 740), other than North Korea and the commodity 
being reexported is controlled for national security reasons.
    (b) Reexports to and among specified countries. (1) Commodities 
that are not controlled for nuclear nonproliferation or missile 
technology reasons and that are not listed in paragraph (b)(2) or 
(b)(3) of this section may be reexported to and among Country Group A:1 
and cooperating countries, provided that eligible commodities are for 
use or consumption within a Country Group A:1 (see Supplement No. 1 to 
part 740) or cooperating country, or for reexport from such country in 
accordance with other provisions of the EAR.* * *
    (2) Except as provided in paragraph (b)(3) of this section, cameras 
described in ECCN 6A003.b.4.b and ``military commodities'' described in 
ECCN 0A919 may not be exported under this paragraph (b).
    (3) Cameras described in ECCN 6A003.b.4.b may be exported or 
reexported to and among: Australia, Austria, Belgium, Bulgaria, Canada, 
Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, 
Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, 
Luxembourg, Malta, the Netherlands, New Zealand, Norway, Poland, 
Portugal, Romania, Slovakia, Slovenia, South Africa, South Korea, 
Spain, Sweden, Switzerland, Turkey, and the United Kingdom if:
    (i) Such cameras are fully packaged for use as consumer ready civil 
products; or, (ii) Such cameras with not more than 111,000 elements are 
to be embedded in civil products.
* * * * *

[[Page 23946]]

PART 742--[AMENDED]

0
10. 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, Public Law 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 July 23, 2008, 73 FR 43603 (July 25, 2008); Notice of 
November 10, 2008, 73 FR 67097 (November 12, 2008).


0
11. Section 742.4 is amended by revising the third sentence of 
paragraph (a) and by adding a new sentence immediately following that 
third sentence to read as follows:


Sec.  742.4  National security.

    (a) * * * A license is required to all destinations except Country 
Group A:1 and cooperating countries (see Supplement No. 1 to part 740), 
Bulgaria, Czech Republic, Estonia, Hungary, Iceland, Latvia, Lithuania, 
Poland, Romania, Slovakia, and Slovenia for all items in ECCNs on the 
CCL that include NS column 2 in the Commerce Country Chart column of 
the ``License Requirements'' section except those cameras in ECCN 
6A003.b.4.b that have a focal plane array with 111,000 or fewer 
elements and a frame rate of 60 Hz or less. A license is required to 
all destinations except Australia, Austria, Belgium, Bulgaria, Canada, 
Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, 
Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, 
Luxembourg, Malta, the Netherlands, New Zealand, Norway, Poland, 
Portugal, Romania, Slovakia, Slovenia, South Africa, South Korea, 
Spain, Sweden, Switzerland, Turkey, and the United Kingdom for those 
cameras in ECCN 6A003.b.4.b that have a focal plane array with 111,000 
or fewer elements and a frame rate of 60 Hz or less and for cameras 
being exported or reexported pursuant to an authorization described in 
Sec.  742.6(a)(2)(iii) or (v) of the EAR.* * *
* * * * *

0
12. Section Sec.  742.6 is amended by revising paragraph (a) and 
paragraph (b)(1) and paragraph (b)(2) to read as follows:


Sec.  742.6  Regional stability.

    (a) License requirements. The following controls are maintained in 
support of U.S. foreign policy to maintain regional stability:
    (1) RS Column 1 License Requirements in General. As indicated in 
the CCL and in RS column 1 of the Commerce Country Chart (see 
Supplement No. 1 to part 738 of the EAR), a license is required to all 
destinations, except Canada, for items described on the CCL under ECCNs 
6A002.a.1, a.2, a.3, .c, or .e; 6A003.b.3, and b.4.a; 6A008.j.1; 
6A998.b; 6D001 (only ``software'' for the ``development'' or 
``production'' of items in 6A002.a.1, a.2, a.3, .c; 6A003.b.3 and .b.4; 
or 6A008.j.1); 6D002 (only ``software'' for the ``use'' of items in 
6A002.a.1, a.2, a.3, .c; 6A003.b.3 and .b.4; or 6A008.j.1); 6D991 (only 
``software'' for the ``development,'' ``production,'' or ``use'' of 
equipment controlled by 6A002.e or 6A998.b); 6E001 (only technology'' 
for ``development'' of items in 6A002.a.1, a.2, a.3 (except 
6A002.a.3.d.2.a and 6A002.a.3.e for lead selenide focal plane arrays), 
and .c or .e, 6A003.b.3 and b.4, or 6A008.j.1); 6E002 (only 
``technology'' for ``production'' of items in 6A002.a.1, a.2, a.3, .c, 
or .e, 6A003.b.3 or b.4, or 6A008.j.1); 6E991 (only ``technology'' for 
the ``development,'' ``production,'' or ``use'' of equipment controlled 
by 6A998.b); 6D994; 7A994 (only QRS11-00100-100/101 and QRS11-0050-443/
569 Micromachined Angular Rate Sensors); 7D001 (only ``software'' for 
``development'' or ``production'' of items in 7A001, 7A002, or 7A003); 
7E001 (only ``technology'' for the ``development'' of inertial 
navigation systems, inertial equipment, and specially designed 
components therefor for civil aircraft); 7E002 (only ``technology'' for 
the ``production'' of inertial navigation systems, inertial equipment, 
and specially designed components therefor for civil aircraft); 7E101 
(only ``technology'' for the ``use'' of inertial navigation systems, 
inertial equipment, and specially designed components for civil 
aircraft).
    (2) Special RS Column 1 license requirements applicable to certain 
thermal imaging cameras.
    (i) As indicated in the CCL and in RS Column 1 of the Commerce 
Country Chart, cameras described in 6A003 b.4.b require a license to 
all destinations other than Canada if such cameras have a frame rate 
greater than 60 Hz.
    (ii) Except as noted in paragraph (a)(2)(iii) of this section, as 
indicated in the CCL and in RS Column 1 of the Commerce Country Chart, 
cameras described in 6A003 b.4.b require a license to all destinations 
other than Canada if such cameras incorporate a focal plane array with 
more than 111,000 elements and a frame rate of 60 Hz or less, or 
cameras described in 6A003 b.4.b that are being exported or reexported 
to be embedded in a civil product.
    (iii) BIS may issue licenses for cameras subject to the license 
requirement of paragraph (a)(2)(ii) of this section that are fully-
packaged for use as consumer-ready civil products that, in addition to 
the specific transactions authorized by such license, authorize exports 
and reexports of such cameras without a license to any civil end-user 
to whom such exports or reexport are not otherwise prohibited by U.S. 
law in Australia, Austria, Belgium, Bulgaria, Cyprus, Czech Republic, 
Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, 
Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, the 
Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Slovakia, 
Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, 
Turkey, and the United Kingdom. The license requirements of this 
paragraph (a)(2) shall not apply to exports or reexports so authorized. 
In this paragraph, the term ``civil end-user'' means any entity that is 
not a national armed service (army, navy, marine, air force, or coast 
guard), national guard, national police, government intelligence 
organization or government reconnaissance organization, or any person 
or entity whose actions or functions are intended to support ``military 
end-uses'' as defined in 744.17(d).
    (iv) Except as noted in paragraph (a)(2)(v) of this section, as 
indicated in the CCL and in RS Column 1 of the Commerce Country Chart, 
cameras described in 6A003 b.4.b require a license to all destinations 
other than Canada if such cameras incorporate a focal plane array with 
111,000 elements or less and a frame rate of 60 Hz or less and are 
being exported or reexported to be embedded in a civil product.
    (v) BIS may also issue licenses for the cameras described in 
paragraph (a)(2)(iv) that, in addition to the specific transactions 
authorized by such license, authorize exports and reexports to 
authorized companies described in the license for the purpose of 
embedding such cameras into a completed product that will be 
distributed only in Australia, Austria, Belgium, Bulgaria, Cyprus, 
Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, 
Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, 
Malta, the Netherlands, New Zealand, Norway, Poland, Portugal, Romania, 
Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden, 
Switzerland, Turkey, and the United Kingdom. The

[[Page 23947]]

license requirements of this paragraph (a)(2) shall not apply to 
exports or reexports so authorized. In this paragraph, the term 
``authorized companies'' means companies that have been previously 
licensed for export, are not the subject of relevant negative 
intelligence or open source information, have not been the subject of a 
Department of Commerce or Department of State enforcement action within 
the past two years, have demonstrable production capacity, and do not 
pose an unacceptable risk of diversion.
    (3) Special RS Column 1 license requirement applicable to military 
commodities. A license is required for reexports to all destinations 
except Canada for items classified under ECCN 0A919 except when such 
items are being reexported as part of a military deployment by a unit 
of the government of Australia, Austria, Belgium, Bulgaria, Canada, 
Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, 
Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, 
Luxembourg, Malta, the Netherlands, New Zealand, Norway, Poland, 
Portugal, Romania, Slovakia, Slovenia, South Africa, South Korea, 
Spain, Sweden, Switzerland, Turkey, the United Kingdom or the United 
States.
    (4) RS Column 2 license requirements.
    (i) License Requirements Applicable to Most RS Column 2 Items. As 
indicated in the CCL and in RS Column 2 of the Commerce Country Chart 
(see Supplement No. 1 to part 738 of the EAR), a license is required to 
any destination except Australia, Japan, New Zealand, and countries in 
the North Atlantic Treaty Organization (NATO) for items described on 
the CCL under ECCNs 0A918, 0E918, 2A983, 2D983, 2E983, 8A918, and for 
military vehicles and certain commodities (specially designed) used to 
manufacture military equipment, described on the CCL in ECCNs 0A018.c, 
1B018.a, 2B018, 9A018.a and .b, 9D018 (only software for the ``use'' of 
commodities in ECCN 9A018.a and .b), and 9E018 (only technology for the 
``development'', ``production'', or ``use'' of commodities in 9A018.a 
and .b).
    (ii) Special RS Column 2 license requirements applicable only to 
certain cameras. As indicated by the CCL, and RS column 2 and footnote 
number 4 to the Commerce Country Chart, a license is required to any 
destination except Australia, Austria, Belgium, Bulgaria, Canada, 
Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, 
Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, 
Luxembourg, Malta, the Netherlands, New Zealand, Norway, Poland, 
Portugal, Romania, Slovakia, Slovenia, South Africa, South Korea, 
Spain, Sweden, Switzerland, Turkey, and the United Kingdom for fully-
packaged thermal imaging cameras for use as consumer-ready civil 
products controlled by 6A003.b.4.b when incorporating ``focal plane 
arrays'' that have not more than 111,000 elements and a frame rate of 
60 Hz or less and that are not being exported or reexported to be 
embedded in a civil product.
    (5) RS requirements that apply to Iraq. As indicated on the CCL, a 
license is required for the export or reexport to Iraq or transfer 
within Iraq of the following items controlled for RS reasons on the 
CCL: 0B999, 0D999, 1B999, 1C992, 1C995, 1C997, 1C999 and 6A992. The 
Commerce Country Chart is not designed to determine RS licensing 
requirements for these ECCNs.
    (6) RS requirement that applies to Hong Kong. A license is required 
to export or reexport to Hong Kong any item controlled in ECCN 
6A003.b.4.b
    (b) * * *
    (1) Applications for exports and reexports described in paragraph 
(a)(1), (a)(2) or (a)(6) 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 International Traffic in Arms 
Regulations (22 CFR Parts 120-130).
    (2) Applications to export and reexport commodities described in 
paragraph (a)(4) of this section will generally be considered favorably 
on a case-by-case basis unless there is evidence that the export or 
reexport would contribute significantly to the destabilization of the 
region to which the equipment is destined.
* * * * *

PART 743--[AMENDED]

0
13. The authority citation for part 743 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; Public Law 106-508; 50 
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; Notice of July 23, 2008, 73 FR 43603 (July 25, 2008).


0
14. Add Sec.  743.3 to read as follows:


Sec.  743.3  Thermal imaging camera reporting.

    (a) General requirement. Exports of thermal imaging cameras must be 
reported to BIS as provided in this section.
    (b) Transactions to be reported. Exports that are not authorized by 
an individually validated license of thermal imaging cameras controlled 
by ECCN 6A003.b.4.b to Australia, Austria, Belgium, Bulgaria, Cyprus, 
Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, 
Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, 
Malta, the Netherlands, New Zealand, Norway, Poland, Portugal, Romania, 
Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden, 
Switzerland, Turkey, or the United Kingdom must be reported to BIS.
    (c) Party responsible for reporting. The exporter as defined in 
Sec.  772.1 of the EAR must ensure the reports required by this section 
are submitted to BIS.
    (d) Information to be included in the reports. For each export 
described in paragraph (b) of this section, the report must identify: 
the name, address, and telephone number of the exporter; the date of 
each export; the name, address and telephone number of the consignee or 
end user; the model number(s) of each camera exported; the serial 
number of each exported camera that has a serial number; and the 
quantity of each model number of camera exported. (Note: Technical 
specifications may be requested on an as needed basis and must be 
provided to BIS after any such request.)
    (e) Where to submit reports. Submit the reports via e-mail to 
<a href="/cdn-cgi/l/email-protection#82d7d6cbc1f0e7f2edf0f6c2e0ebf1ace6ede1ace5edf4"><span class="__cf_email__" data-cfemail="affafbe6ecddcadfc0dddbefcdc6dc81cbc0cc81c8c0d9">[email protected]</span></a>.
    (d) Reporting periods and due dates. This reporting requirement 
applies to exports made on or after May 22, 2009. Exports must be 
reported within one month of the reporting period in which the export 
takes place. The first reporting period begins on May 22, 2009 and runs 
through June 30, 2009. Subsequent reporting periods shall begin on 
January 1 and July 1 of each year, and shall run through June 30, and 
December 31 respectively. Exports in each reporting period must be 
reported to BIS no later than the last day of the month following the 
month in which the reporting period ends.

PART 744--[AMENDED]

0
15. The authority citation for 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,

[[Page 23948]]

1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 
60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 
CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., 
p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 
13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of July 23, 
2008, 73 FR 43603 (July 25, 2008); Notice of November 10, 2008, 73 
FR 67097 (November 12, 2008).


0
16. Add Sec.  744.9 to read as follows:


Sec.  744.9  Restrictions on certain exports and reexports of cameras 
controlled by ECCN 6A003.b.4.b.

    (a) General prohibitions. In addition to the applicable license 
requirements for national security, regional stability, anti-terrorism 
and United Nations embargo reasons in Sec. Sec.  742.4, 742.6, 742.8, 
746.3 and 746.8 of the EAR, a license is required to export or reexport 
to any destination other than Canada cameras described in ECCN 
6A003.b.4.b if at the time of export or reexport, the exporter or 
reexporter 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 or reexporters informed by 
BIS. BIS may inform an exporter or reexporter, either individually by 
specific notice or through amendment to the EAR, that a license is 
required for the export or reexport of items described in ECCN 
6A003.b.4.b 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.
    (c) License review standard. Applications for licenses required by 
this section will be reviewed by applying the policies that would be 
applied under the International Traffic in Arms Regulations (22 CFR 
Parts 120-130).
    (d) Military end-user. In this section, the term ``military end-
user'' means the national armed services (army, navy, marine, air 
force, or coast guard), as well as the national guard and national 
police, government intelligence or reconnaissance organizations, or any 
person or entity whose actions or functions are intended to support 
``military end-uses'' as defined in Sec.  744.17(d).
    (e) Exception. Shipments subject to the prohibitions in paragraphs 
(a) and (b) of this section that are consigned to and for the official 
use of the U.S. Government authorized pursuant to Sec.  
740.11(b)(2)(ii) of the EAR may be made under License Exception GOV. No 
other license exceptions apply to the prohibitions described in 
paragraphs (a) and (b) of this section.

0
17. In Supplement No. 2 to part 744, add a paragraph (6)(iii) to read 
as follows:

Supplement No. 2 to Part 744--List of Items Subject to the Military 
End-Use License Requirement of Sec.  744.21

* * * * *
    (6) Category 6--Sensors and Lasers * * *
    (iii) 6A993 Cameras, not controlled by 6A003 or 6A203 as follows 
(see List of Items Controlled). * * *

PART 746--[AMENDED]

0
18. The authority citation for part 746 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. 287c; Sec 1503, Public Law 108-11, 117 Stat. 559; 22 
U.S.C. 6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 
FR 36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR, 
1994 Comp., p. 899; E.O. 13222, 3 CFR, 2001 Comp., p. 783; 
Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May 
16, 2003; Presidential Determination 2007-7 of December 7, 2006, 72 
FR 1899 (January 16, 2007); Notice of July 23, 2008, 73 FR 43603 
(July 25, 2008).


0
19. Section 746.8, paragraph (b)(1) is amended by adding a new sentence 
immediately following the existing third sentence to read as follows:


Sec.  746.8  Rwanda.

* * * * *
    (b) * * *
    (1) * * * Any U.S. person needs a license to reexport any item 
controlled by ECCN 0A919 to Rwanda. * * *
* * * * *

PART 772--[AMENDED]

0
21. The authority citation for 15 CFR part 772 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of July 
23, 2008, 73 FR 43603 (July 25, 2008).


0
22. Section 772.1 is amended by adding, in alphabetical order, a 
definition for ``military commodity'' to read as follows:


Sec.  772.1  Definitions of terms as used in the Export Administration 
Regulations (EAR).

* * * * *
    Military commodity. As used in Sec.  734.4(a)(5), Supplement No. 1 
to part 738 (footnote No. 3), Sec.  740.2(a)(11), Sec.  740.16(a)(2), 
Sec.  740.16(b)(2), Sec.  742.6(a)(3), Sec.  744.9(a)(2), Sec.  
744.9(b), ECCN 0A919 and ECCN 6A003 (Related Controls), ``military 
commodity'' or ``military commodities'' means an article, material or 
supply except software or technology that is described on the United 
States Munitions List (22 CFR Part 121) or on the Munitions List that 
is published by the Wassenaar Arrangement on Export Controls for 
Conventional Arms and Dual-Use Goods and Technologies, but does not 
include any item listed in any Export Control Classification Number for 
which the last three numerals are 018.
* * * * *

PART 774--[AMENDED]

0
23. The authority citation for 15 CFR part 774 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 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 July 23, 2008, 73 FR 43603 (July 25, 2008).

0
24. In Supplement No. 1 to part 774, Category 0, immediately following 
Export Control Classification Number 0A918 and immediately preceding 
Export Control Classification Number 0A978 add an Export Control 
Classification Number 0A919 to read as follows:

0A919 ``Military commodities'' as follows (see list of items 
controlled).

License Requirements

    Reasons for Control: RS, AT, UN.

 
               Control(s)                         Country chart
 
RS applies to entire entry.............  RS Column 1.
AT applies to entire entry.............  AT Column 1.
UN applies to entire entry.............  Rwanda Sec.   746.7 of the EAR.
 

License Exceptions

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

List of Items Controlled

    Unit: $ value.

[[Page 23949]]

    Related Controls: (1) Military commodities are subject to the 
export licensing jurisdiction of the Department of State if they 
incorporate items that are subject to the International Traffic in 
Arms Regulations (ITAR) (22 CFR Parts 120-130). (2) Military 
commodities described in this paragraph are subject to the export 
licensing jurisdiction of the Department of State if such 
commodities are described on the United States Munitions List (22 
CFR Part 121) and are in the United States. (3) The furnishing of 
assistance (including training) to foreign persons, whether in the 
United States or abroad in the design, development, engineering, 
manufacture, production, assembly, testing, repair, maintenance, 
modification, operation, demilitarization, destruction, processing, 
or use of defense articles that are subject to the ITAR; or the 
furnishing to foreign persons of any technical data controlled under 
22 CFR 121.1 whether in the United States or abroad are under the 
licensing jurisdiction of the Department of State. (4) Brokering 
activities (as defined in 22 CFR 129.9) of military commodities that 
are subject to the ITAR are under the licensing jurisdiction of the 
Department of State.
    Related Definitions: N/A.
    Items: ``Military commodities'' with all of the following 
characteristics:
    a. Described on either the United States Munitions List (22 CFR 
Part 121) or the Munitions List that is published by the Wassenaar 
Arrangement on Export Controls for Conventional Arms and Dual-Use 
Goods and Technologies (as set out on its Web site at http://www.wassenaar.org), but not any item listed in any Export Control 
Classification Number for which the last three characters are 018;
    b. Produced outside the United States;
    c. Not subject to the International Traffic in Arms Regulations 
(22 CFR Parts 120-130) for a reason other than presence in the 
United States; and
    d. Incorporate one or more cameras controlled under ECCN 
6A003.b.4.b.


0
25. In Supplement No. 1 to part 774, Category 6, Export Control 
Classification Number 6A003, revise the ``Reason for Control'' and the 
``Related Controls'' paragraphs to read as follows:

6A003 Cameras.

License Requirements

    Reason for Control: NS, NP, RS, AT, UN.

 
                 Control(s)                                              Country chart
 
NS applies to entire entry..................  NS Column 2.
NP applies to items controlled in paragraphs  NP Column 1.
 6A003.a.2, a.3 and a.4.
RS applies to items controlled in 6A003.b.3,  RS Column 1.
 to items controlled in 6A003.b.4.a, and to
 items controlled in 6A003.b.4.b that have a
 frame rate greater than 60 Hz or that
 incorporate a focal plane array with more
 than 111,000 elements, or to items in
 6A003.b.4.b when being exported or
 reexported to be embedded in a civil
 product. (But see Sec.   742.6(a)(2)(iii)
 and (v) for certain exemptions).
RS applies to items controlled in             RS Column 2.
 6A003.b.4.b that have a frame rate of 60 Hz
 or less and that incorporate a focal plane
 array with not more than 111,000 elements
 if not being exported or reexported to be
 embedded in a civil product.
RS applies to items controlled in             A license is required to export or reexport these items to Hong
 6A003.b.4.b.                                  Kong. This license requirement does not appear in the Commerce
                                               Country Chart.
AT applies to entire entry..................  AT Column 1.
UN applies to items controlled in 6A003.b.3   Iraq and Rwanda.
 and b.4.
 

License Exceptions

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: (1) See ECCNs 6E001 (``development''), 6E002 
(``production''), and 6E201 (``use'') for technology for items 
controlled under this entry. (2) Also see ECCN 6A203. (3) See ECCN 
8A002.d and .e for cameras specially designed or modified for 
underwater use. (4) See ECCN 0A919 for foreign made military 
commodities that incorporate cameras described in 6A003.b.4.b. (5) 
Section 744.9 imposes license requirements on cameras described in 
6A003.b.4.b if being exported for incorporation into an item 
controlled by ECCN 0A919 or for a military end-user.
* * * * *

0
26. In Supplement No. 1 to part 774, immediately following Export 
Control Classification Number 6D993, add a new Export Control 
Classification Number 6D994 to read as follows:

6D994 ``Software'' designed or modified for cameras incorporating 
``focal plane arrays'' specified by 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 6A003.b.4. Note 3.a.

License Requirements

    Reason for Control: RS.

 
               Control(s)                         Country chart
 
RS applies to entire entry.............  RS Column 1.
 

License Exceptions

    CIV: N/A.
    TSR: N/A.

List of Items Controlled

    Unit: $ value.
    Items: The list of Items Controlled is in the ECCN heading.

    Dated: May 18, 2009.
Matthew S. Borman,
Acting Assistant Secretary for Export Administration.
[FR Doc. E9-11951 Filed 5-21-09; 8:45 am]
BILLING CODE 3510-33-P


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