Export Administration Regulations: Changes in Categories 3, 4, and 5 of the Commerce Control List; Revisions to Country Groups and Policies; Implementation of Import Certificate/Delivery Verification (IC/DV) Procedures for Bulgaria and Romania; Adjustments to General License GLX
Federal RegisterMay 16, 1994
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
15 CFR Parts 770, 771, 772, 773, 774, 775, 776, 778, 779, 785, 787,
and 799
[Docket No. 940530-4130]
RIN 0694-AA83
Export Administration Regulations: Changes in Categories 3, 4,
and 5 of the Commerce Control List; Revisions to Country Groups and
Policies; Implementation of Import Certificate/Delivery Verification
(IC/DV) Procedures for Bulgaria and Romania; Adjustments to General
License GLX
AGENCY: Bureau of Export Administration, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Export Administration (BXA) is amending the
Export Administration Regulations (EAR) by revising certain entries in
Categories 3, 4, and 5 of the Commerce Control List (CCL) to conform
with changes made to the International Industrial List (IL) before the
dissolution of the Coordinating Committee for Multilateral Export
Controls (COCOM) on March 31, 1994. The COCOM changes require certain
conforming revisions to General License GLX. A policy decision on
foreign availability of telecommunications is announced.
This rule also revises the countries that are included in Country
Groups V, W, and Y and amends the special country policies provisions
in the EAR to reflect the changes in licensing policy for the countries
that have been moved from one country group to another.
This rule amends the documentation requirements provisions of the
EAR to substitute the Form BXA-629P (Statement by Ultimate Consignee
and Purchaser) for the Yugoslav End-Use Certificate requirement.
Finally, this rule amends the documentation requirements provisions in
the EAR to implement Import Certificate/Delivery Verification (IC/DV)
procedures for Bulgaria and Romania.
DATES: Effective date: This rule is effective May 9, 1994.
Grace period: A 60-day grace period will apply to the requirement
to obtain a Bulgarian or Romanian Import Certificate in support of
export or reexport license applications. During the grace period,
applications will be accepted when supported by either a Form BXA-629P
(Statement by Ultimate Consignee and Purchaser) or a Bulgarian or
Romanian Import Certificate.
FOR FURTHER INFORMATION CONTACT: For questions of a technical nature,
the following persons in the Office of Technology and Policy Analysis
are available:
Category 1: Jeff Tripp--(202) 482-1309
Category 2: Surendra Dhir--(202) 482-5695
Category 3: Robert Lerner--(202) 482-1641
Category 4: Joseph Young--(202) 482-0706
Category 5: Dale Jensen--(202) 482-0730
Category 6: Joseph Chuchla--(202) 482-1641
Categories 7 and 9: Bruce Webb--(202) 482-3806
Category 8: Steve Clagett--(202) 482-3550
For information on Import Certificate/Delivery Verification (IC/DV)
Procedures for Bulgaria and Romania and changes in Country Groups and
country policies, contact Rodney Joseph, Office of Technology and
Policy Analysis, Telephone: (202) 482-0171.
SUPPLEMENTARY INFORMATION:
Background
This final rule revises new General License GLX (59 FR 15621) to
resolve certain ambiguities and to reflect changes in national security
controls. For instance, Supplement No. 1 to part 771 is revised to
delete 4A03.c and 4A03.b because the paragraph references are now
incorrect and new Administrative Exception Notes make listing on the
Supplement unnecessary.
This rule amends a number of ECCNs in the Commerce Control List
(CCL) to conform with recent changes in the COCOM International
Industrial List (IL). ECCN 3A01.a.3 is revised to control
``microprocessor microcircuits'', ``microcomputer microcircuits'', and
microcontroller microcircuits that:
(1) Have an arithmetic logic unit with an access width of 32 bit or
more and a ``composite theoretical performance'' (``CTP'') of 80
million theoretical operations per second (Mtops) or more; (2) are
manufactured from a compound semiconductor and operate at a clock
frequency exceeding 40 MHz; or (3) have more than one data or
instruction bus or serial communication port for external
interconnection in a parallel processor with a transfer rate exceeding
2.5 Mbyte/s. ECCN 3A01.e.1 is revised to indicate that it does not
control batteries with volumes equal to or less than 27 cm3 (e.g.,
standard C-cells or R-14 batteries).
This rule also revises ECCN 3C03A to control organo-arsenic,
organo-antimony, and organo-phosphorus compounds having a purity
(inorganic element basis) better than 99.999%. In addition, a Note is
added to 3C03A indicating that the entry controls only those compounds
whose metallic, partly metallic or non-metallic element is directly
linked to carbon in the organic part of the molecule.
This rule removes specific control language in ECCN 4A03A
applicable to: (1) Disk drives and solid state storage equipment and
input/output control units designed for use with such equipment and (2)
color displays and monitors.
ECCN 4A03A retains specific control parameters for ``assemblies''
and graphics accelerators or graphics coprocessors. ECCN 4A03A
controls: (1) ``assemblies'' that are specially designed or modified to
be capable of enhancing performance by aggregation of ``computing
elements'' (``CEs'') so that the ``CTP'' of the aggregation exceeds 260
Mtops and (2) graphics accelerators or graphics coprocessors exceeding
a ``3-D Vector Rate'' of 1,600,000.
The following changes are made in the Notes for Category 4: (1)
Advisory Notes 1 and 2 are revised to conform with the new paragraph
designations in ECCN 4A03A (there are no changes in the administrative
exceptions levels); (2) Advisory Note 3 is revised by establishing new
administrative exceptions treatment levels for exports to Country
Groups Q, W, and Y and the People's Republic of China for ``digital
computers'' (a ``CTP'' not exceeding 1,000 Mtops), graphics
accelerators or graphics coprocessors (a ``3-D vector rate'' not
exceeding 3 million) and equipment specially designed to provide for
the external interconnection of ``digital computers'' or associated
equipment (a total data transfer rate not exceeding 400 MByte/second);
(3) Advisory Note 4 is removed and reserved because 4A03A no longer
contains control parameters that apply specifically to disk drives and
input/output control units therefor; (4) Advisory Note 6 is revised by
establishing new favorable consideration levels for Country Groups Q,
W, and Y and the People's Republic of China for ``digital'' computers
(a ``CTP'' not exceeding 1,500 Mtops) and for graphics accelerators or
graphics coprocessors and equipment specially designed to provide for
the external interconnection of ``digital'' computers; (5) Advisory
Note 7 is revised to conform with the new paragraph designations in
ECCN 4A03A (there are no changes in the favorable consideration
levels), and (8) a new Advisory Note 8 is added to provide
administrative exceptions treatment for equipment controlled by 4A03.g
that is exported for use in interconnecting peripheral equipment to
``digital computers'' not controlled by 4A03.b.
In the telecommunications section of Category 5, ECCN 5A02A is
revised to control modems using the ``bandwidth of one voice channel''
with a ``data signalling rate'' exceeding 28,800 bit/s. Previously,
ECCN 5A02A controlled modems exceeding 19,200 bit/s. On January 13,
1994, BXA published a determination that foreign availability exists
within the meaning of the Export Administration Act (EAA) for certain
telecommunications equipment controlled under ECCN 5A02.a to Country
Groups Q, W, Y, Z, and the People's Republic of China (59 FR 1924). The
determination applies to telecommunications transmission equipment
employing digital techniques, including digital processing of analog
signals, and designed to operate at digital transfer rates up to 623
Mbit/s.
The determination notice specified that the Administration would
enter into negotiations to preserve national security interests
concerning this equipment. The Administration intends to negotiate to
remove foreign availability of this high technology equipment to
military end-users in Country Groups Q, W, Y, and the People's Republic
of China.
It has been determined that the validated license requirement is
retained on telecommunications equipment controlled by ECCN 5A02.a to
military end-users and for military end-uses in Country Groups Q, W, Y
and the People's Republic of China, consistent with EAA section
5(c)(6), to allow meaningful negotiations to take place. Section
5(c)(6) permits the Secretary of Commerce to maintain controls,
notwithstanding foreign availability, for an initial period of six
months. For purposes of this control, military end-users and end-uses
include conventional military activities and all proliferation
activities described in Part 778 of this subchapter.
This action does not affect the control status of this equipment to
other end-users or destinations. General License GLX continues to be
available for shipments of equipment controlled by ECCN 5A02, except
5A02.h and .i, to civilian end-users and for civilian end-uses in
Country Groups QWY and the PRC. In addition, all of ECCN 5A02 remains
eligible for General License GFW to Country Groups T & V, except Iran,
Syria, and the PRC. Foreign policy controls are retained on all items
controlled by ECCN 5A02 to Country Groups S and Z, Iran and Syria, and
the South African military and police. Exporters are also reminded that
the Department of the Treasury's Office of Foreign Assets Control
maintains prohibitions on exports to Iraq, Haiti, and the Federal
Republic of Yugoslavia (Serbia and Montenegro).
In the Notes for Telecommunications in Category 5, Advisory Notes
1, 8, 11, 12, 13, 14, 15, 16, 17, and 19 are revised, and new Advisory
Notes 23 through 27 are added. Advisory Note 8 is revised to provide
administrative exceptions treatment to the People's Republic of China
for test, inspection, and production equipment controlled by 5B01A or
5B02A and ``software'' and technology for such equipment. Advisory
Notes 11, 12, and 13 are revised to restrict their application to
Albania, Bulgaria, the People's Republic of China, Mongolia, Romania,
and Vietnam. Advisory Notes 14 and 17 are revised to clarify which
parties are responsible for the supervision of controlled spare parts.
Advisory Note 15 is revised to restrict its application to Bulgaria
and Romania. Advisory Note 16 is revised to restrict its application to
Albania, Bulgaria, Mongolia, Romania, and Vietnam. Advisory Note 19 is
revised by removing references to the Czech Republic and the Slovak
Republic. Notes 25 and 27 are added.
This rule revises the country policy provisions in Sec. 785.2 to
conform with changes in licensing policies for proscribed countries.
This rule also moves Poland, the Czech Republic and the Slovak Republic
from Country Group W to Country Group V. As a result of this change,
Poland and the Czech and Slovak Republics are now eligible for exports
under certain special license procedures (e.g., the Distribution
License Procedure) and general licenses (e.g., General License GFW).
This rule also amends the EAR to include new supporting document
requirements based on the implementation of Import Certificate/Delivery
Verification (IC/DV) procedures for Bulgaria and Romania. Bulgarian and
Romanian ICs and DVs are issued by the respective Ministries of Trade
in each country. Supplement No. 1 to Part 775 is amended to add the
addresses of these issuing agencies.
This rule also amends Supplement No. 1 to Part 775 by revising the
name of the agency that issues Indian Import Certificates to small
scale industries and entities.
On January 2, 1992 (57 FR 8), the Bureau of Export Administration
(BXA) published a final rule clarifying that the geographical area
formerly known as the Soviet Union remained a controlled destination as
listed in Country Group Y. That rule allowed exporters to use the
designation ``Union of Soviet Socialist Republics'', ``Soviet Union'',
or ``USSR'' on export control documents involving that geographic area
until new political entities were identified. This final rule revises
Supplement No. 1 to part 770, Supplement No. 5 to part 778, and
Sec. 785.2(a)(1) to include a listing of the states located in the
geographic area of the former Soviet Union. These new designations
should be used on all export control documents.
The dissolution of the former Socialist Federal Republic of
Yugoslavia (Yugoslavia) has raised questions among exporters concerning
the export control requirements for that geographic area. The
geographic area formerly known as Yugoslavia continues to fall within
Country Group V. At this time, the provisions of the EAR that apply to
this area remain unchanged, except that this rule revises the
documentation requirements to substitute a Form BXA-629P, Statement by
Ultimate Consignee and Purchaser, for the Yugoslav End-Use Certificate
requirement. In addition, this rule eliminates the Yugoslav End-Use
Certificate requirement for exports/reexports under the Distribution
License and the Service Supply Procedure.
The Consignee/Purchaser Statement procedure set forth in Sec. 775.2
provides a broader range of exemptions than was previously available
under Sec. 775.5 for the Yugoslav End-Use Certificate.
Finally, this rule revises Sec. 776.10(a)(2) to make the special
documentation requirements for exports to Country Groups QWY and the
People's Republic of China of electronic computers and related
equipment conform with the revisions made by this rule in the Advisory
Notes for Category 4.
Rulemaking Requirements
1. This final rule has been determined to be not significant for
purposes of Executive Order 12866.
2. This rule involves collections of information subject to the
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). These
collections have been approved by the Office of Management and Budget
under control numbers 0694-0002, 0694-0005, 0694-0007, 0694-0008, 0694-
0010, 0694-0013, 0694-0015, 0694-0017, 0694-0021, 0694-0073, and 0694-
0078.
3. This rule does not contain policies with Federalism implications
sufficient to warrant preparation of a Federalism assessment under
Executive Order 12612.
4. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by section
553 of the Administrative Procedure Act (5 U.S.C. 553) or by any other
law, under section 3(a) of the Regulatory Flexibility Act (5 U.S.C.
603(a) and 604(a)) no initial or final Regulatory Flexibility Analysis
has to be or will be prepared.
5. 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 the effective date, are
inapplicable because this regulation involves a military or foreign
affairs function of the United States. Further, no other law requires
that a notice of proposed rulemaking and an opportunity for public
comment be given for this rule.
Therefore, this regulation is issued in final form. Although there
is no formal comment period, public comments on this regulation are
welcome on a continuing basis. Comments should be submitted to Sharron
Cook, Office of Technology and Policy Analysis, Bureau of Export
Administration, Department of Commerce, P.O. Box 273, Washington, DC
20044.
List of Subjects
15 CFR Part 770
Administrative practice and procedure, Exports.
15 CFR Parts 771, 772, 773, 774, 775, 776, and 799
Exports, Reporting and recordkeeping requirements.
15 CFR Part 778
Exports, Nuclear energy, Reporting and recordkeeping requirements.
15 CFR Part 779
Computer technology, Export, Reporting and recordkeeping
requirements, Science and technology.
15 CFR Part 785
Exports.
15 CFR Part 787
Boycotts, Exports, Law enforcement, Penalties, Reporting and
recordkeeping requirements.
Accordingly, parts 770, 771, 772, 773, 774, 775, 776, 778, 779,
785, 787, and 799 of the Export Administration Regulations (15 CFR
parts 730-799) are amended as follows:
1. The authority citation for 15 CFR parts 770, 771, 772, 774, 787,
and 799 is revised to read as follows:
Authority: Pub. L. 90-351, 82 Stat. 197 (18 U.S.C. 2510 et
seq.), as amended; sec. 101, Pub. L. 93-153, 87 Stat. 576 (30 U.S.C.
185), as amended; sec. 103, Pub. L. 94-163, 89 Stat. 877 (42 U.S.C.
6212), as amended; secs. 201 and 201(11)(e), Pub. L. 94-258, 90
Stat. 309 (10 U.S.C. 7420 and 7430(e)), as amended; Pub. L. 95-223,
91 Stat. 1626 (50 U.S.C. 1701 et seq.); Pub. L. 95-242, 92 Stat. 120
(22 U.S.C. 3201 et seq. and 42 U.S.C. 2139a); sec. 208, Pub. L. 95-
372, 92 Stat. 668 (43 U.S.C. 1354); Pub. L. 96-72, 93 Stat. 503 (50
U.S.C. App. 2401 et seq.), as amended (extended by Pub. L. 103-10,
107 Stat. 40); sec. 125, Pub. L. 99-64, 99 Stat. 156 (46 U.S.C.
466c); E.O. 11912 of April 13, 1976 (41 FR 15825, April 15, 1976);
E.O. 12002 of July 7, 1977 (42 FR 35623, July 7, 1977), as amended;
E.O. 12058 of May 11, 1978 (43 FR 20947, May 16, 1978); E.O. 12214
of May 2, 1980 (45 FR 29783, May 6, 1980); E.O. 12735 of November
16, 1990 (55 FR 48587, November 20, 1990), as continued by Notice of
November 12, 1993 (58 FR 60361, November 15, 1993); E.O. 12867 of
September 30, 1993 (58 FR 51747, October 4, 1993); and E.O. 12868 of
September 30, 1993 (58 FR 51749, October 4, 1993).
2. The authority citation for 15 CFR parts 773, 775, 778, 779, and
785 is revised to read as follows:
Authority: Pub. L. 90-351, 82 Stat. 197 (18 U.S.C. 2510 et
seq.), as amended; Pub. L. 95-223, 91 Stat. 1626 (50 U.S.C. 1701 et
seq.); Pub. L. 95-242, 92 Stat. 120 (22 U.S.C. 3201 et seq. and 42
U.S.C. 2139a); Pub. L. 96-72, 93 Stat. 503 (50 U.S.C. App. 2401 et
seq.), as amended (extended by Pub. L. 103-10, 107 Stat. 40); E.O.
12002 of July 7, 1977 (42 FR 35623, July 7, 1977), as amended; E.O.
12058 of May 11, 1978 (43 FR 20947, May 16, 1978); E.O. 12214 of May
2, 1980 (45 FR 29783, May 6, 1980); E.O. 12735 of November 16, 1990
(55 FR 48587, November 20, 1990), as continued by Notice of November
12, 1993 (58 FR 60361, November 15, 1993); E.O. 12867 of September
30, 1993 (58 FR 51747, October 4, 1993); and E.O. 12868 of September
30, 1993 (58 FR 51749, October 4, 1993).
3. The authority citation for 15 CFR part 776 continues to read as
follows:
Authority: Pub. L. 90-351, 82 Stat. 197 (18 U.S.C. 2510 et
seq.), as amended; Pub. L. 95-223, 91 Stat. 1626 (50 U.S.C. 1701 et
seq.); Pub. L. 95-242, 92 Stat. 120 (22 U.S.C. 3201 et seq. and 42
U.S.C. 2139a); Pub. L. 96-72, 93 Stat. 503 (50 U.S.C. App. 2401 et
seq.), as amended (extended by Pub. L. 103-10, 107 Stat. 40); sec.
125, Pub. L. 99-64, 99 Stat. 156 (46 U.S.C. 466c); E.O. 12002 of
July 7, 1977 (42 FR 35623, July 7, 1977), as amended; E.O. 12058 of
May 11, 1978 (43 FR 20947, May 16, 1978); E.O. 12214 of May 2, 1980
(45 FR 29783, May 6, 1980); E.O. 12735 of November 16, 1990 (55 FR
48587, November 20, 1990), as continued by Notice of November 12,
1993 (58 FR 60361, November 15, 1993); E.O. 12867 of September 30,
1993 (58 FR 51747, October 4, 1993); and E.O. 12868 of September 30,
1993 (58 FR 51749, October 4, 1993).
PART 770--[AMENDED]
4. Supplement No. 1 to part 770 is amended:
a. By removing and reserving the entry for ``Country Group W'';
b. By revising the entry for ``Country Group Y''; and
c. By adding a NOTE at the end of the Supplement to read as
follows:
Supplement No. 1--Country Groups
* * * * *
Country Group W [Reserved]
Country Group Y
Albania
Armenia
Azerbaijan
Belarus
Bulgaria
Cambodia
Estonia
Georgia
Kazakhstan
Kyrgyzstan
Laos
Latvia
Lithuania
Moldova
Mongolia
Russia
Tajikistan
Turkmenistan
Ukraine
Uzbekistan
Vietnam
* * * * *
Note: Contact the Office of Foreign Assets Control (OFAC), U.S.
Department of the Treasury, (202) 266-2500, before exporting to
Libya, Iraq, Haiti, or the Federal Republic of Yugoslavia (Serbia
and Montenegro).
PART 771--[AMENDED]
5. Section 771.20 is amended by revising the second sentence of
paragraph (b) to read as follows:
Sec. 771.20 General License GLX: Exports to Country Groups QWY and the
People's Republic of China.
* * * * *
(b) * * * Likelihood of approval notes that apply only to the PRC,
or to specified destinations in Country Group Y also qualify for this
general license to eligible destinations (however, those notes
indicating Country Group Q or W only, are specifically not eligible). *
* *
* * * * *
6. Section 771.23 is amended by revising the sixth sentence of
paragraph (c) to read as follows:
Sec. 771.23 General License GFW.
* * * * *
(c) * * * In addition, GFW may be used to export to eligible
countries any commodities (but not software) eligible under Sec. 771.20
for General License GLX. * * *
* * * * *
Supplement No. 1 to Part 771 [Amended]
7. Supplement No. 1 to part 771 is amended under category 4 by
removing the entry ``4A03.c (having a CTP of 1,000 MTOPS or less)'',
revising the entry ``4A03A.h (having a 3-D vector rate less than 3M
vectors/sec.)'' to read ``4A03A.d (having a 3-D vector rate less than
3M vectors/sec.)'', and revising the entry ``4A03A.k'' to read
``4A03A.f''.
PART 772--[AMENDED]
8. Section 772.11 is amended:
a. By removing the phrase ``Yugoslav End-Use Certificate,'' in
paragraph (h)(2)(i); and
b. By revising the introductory text of paragraph (k)(1) to read as
follows:
Sec. 772.11 Amending export licenses.
* * * * *
(k) * * * (1) Change in party or increase in net quantity not in
accordance with current supporting document. The applicant shall obtain
a new or appropriately amended International Import Certificate
(Sec. 775.3 of this subchapter), People's Republic of China End-User
Certificate (Sec. 775.6 of this subchapter), Indian Import Certificate
(Sec. 775.7 of this subchapter), or Bulgarian, Czech, Hungarian,
Polish, Romanian, or Slovak Import Certificate (Sec. 775.8 of this
subchapter) before submitting a request to amend an export license by
proposing to change any party to the transaction named on the license
or by increasing the net quantity set forth on the license if the
proposed change is not in accordance with the current supporting
document covering the license. The original copy of the new or amended
certificate shall be:
* * * * *
PART 773--[AMENDED]
9. Section 773.3 is amended as follows:
a. By removing and reserving paragraph (h); and
b. By removing paragraph (j)(2)(ii) and redesignating paragraph
(j)(2)(iii) as paragraph (j)(2)(ii).
10. Section 773.7 is amended as follows:
a. By revising paragraph (d)(1)(iii);
b. By removing and reserving paragraph (e);
c. By removing the fifth sentence from paragraph (k), introductory
text.
Sec. 773.7 Service Supply Procedure.
* * * * *
(d) * * *
(1) * * *
(iii) Documents waived. An application for a Service Supply License
(SL) need not be supported by the Import Certificate or Consignee/
Purchaser Statement otherwise required under Secs. 775.2 or 775.3 of
this subchapter.
* * * * *
Sec. 773.8 [Amended]
11. In Sec. 773.8, paragraph (d)(1) is amended by revising the
phrase ``an Import Certificate, a consignee/purchaser statement, or a
Yugoslav End-Use Certificate to'' to read ``an Import Certificate or a
consignee/purchaser statement to''.
Supplement No. 3 to Part 773 [Amended]
12. Supplement No. 3 to part 773 is amended by removing the term
``Yugoslavia,''.
PART 774--[AMENDED]
13. Section 774.3 is amended by revising paragraph (c)(1)(ii) to
read as follows:
Sec. 774.3 How to request reexport authorization.
* * * * *
(c) * * *
(1) * * *
(ii) If the required document is a People's Republic of China End-
User Certificate, a Singapore Import Certificate and Delivery
Verification, or a Indian Import Certificate, and the same document
must be furnished to the export control authorities of the country from
which the reexport will be made, the Office of Export Licensing will
permit the applicant to submit or to retain on file, as appropriate
(see Sec. 774.3(c)(1)(i)), a reproduced copy of the document being
furnished to the country of reexport. If the required documentation
cannot be obtained, a waiver may be requested in accordance with the
applicable provisions of the Export Administration Regulations (15 CFR
parts 730-799). (See Sec. 775.7(c) of this subchapter for waiver of an
Indian Import Certificate.)
* * * * *
PART 775--[AMENDED]
Sec. 775.1 [Amended]
14. In Sec. 775.1, in the table in paragraph (b) is amended, as
follows:
a. By removing entry 3.;
b. By redesignating entries 4. through 7. as entries number 3.
through 6., respectively;
c. By revising the phrase ``Czech Republic, Hungary, Poland, or
Slovak Republic'' in the second column for newly designated entry 5. to
read ``Bulgaria, Czech Republic, Hungary, Poland, Romania, or Slovak
Republic''; and
d. By revising the phrase ``Czech Republic, Hungary, Poland, or
Slovak Republic'' in footnote 1 to the table to read ``Bulgaria, Czech
Republic, Hungary, Poland, Romania, or Slovak Republic''.
15. Section 775.2 is amended by revising paragraph (b)(1) to read
as follows:
Sec. 775.2 Form BXA-629P, statement by ultimate consignee and
purchaser.
* * * * *
(b) * * *
(1) An International Import Certificate (Sec. 775.3), a People's
Republic of China End-User Certificate (Sec. 775.6), an Indian Import
Certificate (Sec. 775.7), or a Bulgarian, Czech, Hungarian, Polish,
Romanian, or Slovak Import Certificate (Sec. 775.8) is required in
support of the application.
* * * * *
16. Section 775.3 is amended by revising paragraph (b) introductory
text and footnote 1 to read as follows:
Sec. 775.3 International import certificate and delivery verification
certificate.
* * * * *
(b) Destinations. The following country destinations are subject to
the International Import Certificate/Delivery Verification Certificate
System requirements:\1\
* * * * *
\1\See Sec. 775.6 for People's Republic of China End-Use
Certificate requirements, Sec. 775.7 for Indian Import Certificate
requirements, and Sec. 775.8 for Bulgarian, Czech, Hungarian,
Polish, Romanian, or Slovak Import Certificate requirements.
Sec. 775.5 [Removed]
17. Section 775.5 is removed and reserved.
18. Section 775.8 is amended:
a. By revising the section heading;
b. By revising the first sentence of paragraph (a);
c. By revising paragraph (b)(2); and
d. By revising the first sentence of paragraph (e) to read as
follows:
Sec. 775.8 Bulgarian, Czech, Hungarian, Polish, Romanian, or Slovak
Import Certificates.
(a) Requirements. License applications to export or reexport items
identified by the code letter ``A'' on the Commerce Control List to
Bulgaria, the Czech Republic, Hungary, Poland, Romania, or the Slovak
Republic must be accompanied by the original Import Certificate issued
by the appropriate ministry listed in Supplement No. 1 of this part
775. * * *
(b) * * *
(2) Temporary export. An Import Certificate need not be submitted
to support a license application to export commodities or software for
temporary exhibition, demonstration, or testing purposes in Bulgaria,
the Czech Republic, Hungary, Poland, Romania, or the Slovak Republic.
* * * * *
(e) Delivery Verification. The Office of Export Licensing will, on
a selective basis, require Delivery Verification documents for
shipments to Bulgaria, the Czech Republic, Hungary, Poland, Romania,
and the Slovak Republic that are subject to the Import Certificate
procedure. * * *
19. Section 775.10 is amended:
a. By revising the introductory text;
b. By revising the first sentence of paragraph (a);
c. By revising the first sentence of paragraph (b);
d. By revising the heading and the introductory text of paragraph
(c)(2);
e. By revising the paragraph (c)(3);
f. By revising the first sentence of paragraph (d);
g. By revising the introductory text of paragraph (f);
h. By redesignating footnote number 4 as footnote number 3, as
referenced in the heading to paragraph (g);
i. By revising the introductory text of paragraph (g)(1);
j. By revising the introductory text of paragraph (g)(2)(i);
k. By revising paragraph (g)(2)(ii); and
l. By revising the introductory text of paragraph (h)(1), to read
as follows:
Sec. 775.10 Special provisions.
The following special provisions apply as indicated to consignee/
purchaser statements, International Import Certificates, Delivery
Verification Certificates, People's Republic of China End-User
Certificates, Indian Import Certificates, and Bulgarian, Czech,
Hungarian, Polish, Romanian, or Slovak Import Certificates, and other
documents submitted in support of export license applications.
(a) Coded terms and translation requirements. All abbreviations,
coded terms, or other expressions on consignee/purchaser statements,
International Import Certificates, Delivery Verification Certificates,
People's Republic of China End-User Certificates, Indian Import
Certificates, and Bulgarian, Czech, Hungarian, Polish, Romanian, or
Slovak Import Certificates, and other documents having special
significance in the trade or to the parties to the transaction must be
explained on an attachment to the document. * * *
(b) Validity period. When a People's Republic of China End-User
Certificate, Indian Import Certificate, Bulgarian, Czech, Hungarian,
Polish, Romanian, or Slovak Import Certificate, or an International
Import Certificate is obtained in support of one or more export license
applications, the applicant must submit the first application to be
supported by such certificate to the Office of Export Licensing (OEL)
within the validity period shown on the Certificate or 6 months from
the date of the Certificate was issued, whichever is shorter. * * *
(c) * * *
(2) International Import Certificate, Indian Import Certificate,
and the Bulgarian, Czech, Hungarian, Polish, Romanian, or Slovak Import
Certificate. Whenever the requirement for an International Import
Certificate, Indian Import Certificate, or a Bulgarian, Czech,
Hungarian, Polish, Romanian, or Slovak Import Certificate for any
commodity is imposed or extended by virtue of one of the following:
* * * * *
(3) People's Republic of China End-User Certificate. Whenever the
submission requirement for a People's Republic of China End-User
Certificate is imposed or extended to any commodity on the Commerce
Control List by the addition of Country Group V to the ``Validated
License Required'' paragraph in the applicable entry on the Commerce
Control List, a license application to export such commodity need not
conform to the submission requirement for 45 days from the date such
commodity becomes subject to the requirement.
(d) Applicant's responsibility for full disclosure. In obtaining a
consignee/purchaser statement, International Import Certificate,
People's Republic of China End-User Certificate, Indian Import
Certificate, and Bulgarian, Czech, Hungarian, Polish, Romanian, or
Slovak Import Certificate, the applicant is not relieved of the
responsibility for full disclosure of any other information concerning
the ultimate destination and end-use that the applicant has knowledge
or belief, even if inconsistent with the representations set forth in
the documents listed in this paragraph (d). * * *
* * * * *
(f) Request for return of certificates. A U.S. exporter may be
requested by a foreign importer to return an unused or partially used
International Import Certificate, People's Republic of China End-User
Certificate, Indian Import Certificate, or Bulgarian, Czech, Hungarian,
Polish, Romanian, or Slovak Import Certificate. To meet such requests,
exporters should adhere to the following procedures:
* * * * *
(g) * * *
(1) Change in consignee or purchaser. The applicant must obtain a
new Statement by Ultimate Consignee and Purchaser, or an appropriately
amended International Import Certificate, People's Republic of China
End-User Certificate, Indian Import Certificate, or Bulgarian, Czech,
Hungarian, Polish, Romanian, or Slovak Import Certificate before
submitting a request for an amendment of an export license that
proposes a change in consignee or purchaser in the transaction named in
the export license if the proposed amendment is not in accordance with
the Statement or Certificate already on file with the applicant or the
Office of Export Licensing. The original copy of the new Statement or
Certificate be:
* * * * *
(2) * * * (i) Increase not supported by existing Statement or
Certificate obtained in support of license application. The applicant
shall obtain a new Statement by Ultimate Consignee and Purchaser, or an
appropriately amended International Import Certificate, People's
Republic of China End-User Certificate, Indian Import Certificate, or
Bulgarian, Czech, Hungarian, Polish, Romanian, or Slovak Import
Certificate before submitting a request for an amendment of an export
license that proposes any increase in the quantity set forth in the
export license if the proposed amendment is not in accordance with the
Statement or Certificate already on file with the applicant or the
Office of Export Licensing. The original copy of the new Statement or
Certificate shall be:
* * * * *
(ii) Increase supported by existing Statement or Certificate
obtained in support of license application. (A) If a proposed
quantitative amendment is in accordance with the single transaction
Statement by Ultimate Consignee or Purchaser or Certificate obtained by
the applicant in support of the original export license application,
the amendment shall include the following certification, as
appropriate:
I (We) certify that this request for amendment of export license
number __________, if granted, will not exceed the total quantity
covered by the Statement By Ultimate Consignee and Purchaser against
which this export license was issued.
I (We) certify that this request for amendment of export license
number __________, if granted, will not exceed the total quantity
authorized under the (name of country) International Import
Certificate, People's Republic of China End-User Certificate, Indian
Import Certificate, or Bulgarian, Czech, Hungarian, Polish,
Romanian, or Slovak Import Certificate number __________.
(B) Where the export license is based on a multiple transactions
Statement by Ultimate Consignee and Purchaser, an additional Statement
is not required from the consignee or purchaser to support a proposed
license amendment for an increase in quantity. In lieu thereof, the
following certification shall be placed on the amendment request:
I (We) certify that the license listed above is supported by a
Statement by Ultimate Consignee and Purchaser.
(h) * * * (1) Types of request. A request for exception to a
requirement for obtaining an International Import Certificate, People's
Republic of China End-User Certificate, Indian Import Certificate, or
Bulgarian, Czech, Hungarian, Polish, Romanian, or Slovak Import
Certificate4 may involve either a single transaction or, where the
reason necessitating the request is continuing in nature, multiple
transactions.
---------------------------------------------------------------------------
\4\ See Sec. 775.2(c) for exceptions to the consignee/purchaser
statement requirement where applicant is unable to obtain this
statement.
---------------------------------------------------------------------------
* * * * *
20. Supplement No. 1 to part 775 is amended:
a. By adding in alphabetical order an entry for ``Bulgaria'';
b. By revising the phrase ``Deputy Chief Controller of Imports and
Exports'' under the entry ``India'', in the second column, to read
``Deputy Director General of Foreign Trade'';
c. By adding in alphabetical order an entry for ``Romania''; and
d. By removing the entry for ``Yugoslavia'', to read as follows:
e. By revising footnote at the end of the table, to read as
follows:
Supplement No. 1--Authorities Administering Import Certificate/Delivery
Verification System in Foreign Countries1
[See footnotes at end of table]
------------------------------------------------------------------------
System
Country IC/DV authorities administered2
------------------------------------------------------------------------
*****
Bulgaria..... Ministry of Trade, 12 Al. Batenberg, 1000 IC/DV
Sofia, Bulgaria.
*****
Romania...... National Export Control Agency, Ministry IC/DV
of Trade, 17 Apolodor Street, Bucharest,
Romania.
*****
------------------------------------------------------------------------
\1\Facsimiles of Import Certificates and Delivery Verifications issued
by each of these countries may be inspected at the Bureau of Export
Administration Western Regional Office, 300 Irvine Avenue, Suite 345,
Newport Beach, California 92660-3198 or at any U.S. Department of
Commerce District Office (see listing on page (ii) under District
Office Addresses) or at the Office of Export Licensing, room 1099D,
U.S. Department of Commerce, 14th Street and Pennsylvania Avenue, NW.,
Washington, DC 20230. Copies are not available.
\2\1C--Import Certificate and/or DV--Delivery Verification.
PART 776--[AMENDED]
21. Section 776.10 is amended by revising paragraph (a)(2) to read
as follows:
Sec. 776.10 Electronic computers and related equipment.
* * * * *
(a) * * *
(2) Special documentation requirements. Applications to export or
reexport computers or related equipment that are described in Advisory
Note 6 to Category 4, or that exceed any of the limits in Advisory
Notes 3 or 6 to Category 4, must include:
(i) A signed statement by a responsible representative of the end-
user or the importing agency describing the end-use and certifying that
the ``digital'' computers or related equipment:
(A) Will be used only for civil applications; and
(B) Will not be reexported or otherwise disposed of without prior
written authorization from the Office of Export Licensing;
(ii) A full description of the equipment and its intended
application and workload; and
(iii) A complete identification of all end-users and their
activities.
* * * * *
22. Section 776.11 is amended by revising paragraph (f)(6)(i)(D)
and by revising paragraph (f)(6)(ii)(A) to read as follows:
Sec. 776.11 Supercomputers.
* * * * *
(f) * * *
(6) * * *
(i) * * *
(D) Bulgarian, Czech Republic, Hungarian, Polish, Romanian, or
Slovak Republic Import Certificates--see Sec. 775.8 of this subchapter.
(ii) * * *
(A) Bulgaria, Czech Republic, Hungary, Poland, Romania, and Slovak
Republic. Reproduced copies of the Bulgarian, Czech, Hungarian, Polish,
Romanian, and Slovak Import Certificates;
* * * * *
PART 778--[AMENDED]
23. Supplement No. 5 to part 778 is revised to read as follows:
Supplement No. 5--to Part 778--Dual-Use Chemical and Biological
Equipment; Reguibs, Countries, and Other Destinations
Armenia
Azerbaijan
Bulgaria
Belarus
China
Cuba
Georgia
Kazakhstan
Kyrgyzstan
Middle East1
---------------------------------------------------------------------------
\1\ See Sec. 770.2 of this subchapter for definition.
---------------------------------------------------------------------------
Moldova
Mongolia
Myanmar (Burma)
North Korea
Russia
Romania
South Africa
Southwest Asia2
---------------------------------------------------------------------------
\2\ See footnote 1.
---------------------------------------------------------------------------
Taiwan
Tajikistan
Turkmenistan
Ukraine
Uzbekistan
Vietnam
PART 779--[AMENDED]
24. Section 779.4 is amended by revising paragraph (f)(1)(i) and
Footnote 10 to read as follows:
Sec. 779.4 General license GTDR: Technical data under restriction.
* * * * *
(f) * * *
(1) * * *
(i) Reexport, directly or indirectly, to Country Group Q, S, W,\10\
Y, or Z, or the People's Republic of China any technical data relating
to commodities controlled to Country Group W as described in the
paragraph titled ``Validated License Required'' of any entry of the
Commerce Control List;
---------------------------------------------------------------------------
\10\Effective April 26, 1971, Country Group W no longer included
Romania. Assurances executed prior to April 26, 1971, that refer to
Country Group W continue to apply to Romania. On May 8, 1992,
Hungary was removed from Country Group W. Assurances are no longer
applicable to Hungary. On May 9, 1994, Poland, the Czech Republic,
and the Slovak Republic were moved from Country Group W to Country
Group V. Assurances are no longer applicable to Poland, the Czech
Republic and the Slovak Republic.
---------------------------------------------------------------------------
* * * * *
Sec. 779.5 [Amended]
25. Section 779.5 is amended by revising the phrase ``the Czech
Republic, Hungary, Poland, and the Slovak Republic'' in paragraph
(a)(3) to read ``Bulgaria, the Czech Republic, Hungary, Poland,
Romania, and the Slovak Republic''.
PART 785--[AMENDED]
26. Section 785.2 is amended:
a. By revising paragraph (a)(1), removing paragraph (a)(3) and
redesignating paragraph (a)(4) as paragraph (a)(3);
b. By revising paragraph (b);
c. By revising paragraph (c), to read as follows:
Sec. 785.2 Country Groups Q, W, and Y\2\: Geographic area of the
former U.S.S.R., Eastern Europe, Mongolia, Cambodia, Laos, and Vietnam.
---------------------------------------------------------------------------
\2\See Supplement No. 1 to part 770 of this subchapter for
listing of Country Groups.
---------------------------------------------------------------------------
(a)(1) The Export Administration Act of 1979, as amended (EAA)
states that it is the policy of the United States to encourage trade
with all countries with which we have diplomatic or trading relations,
except those countries with which such trade has been determined by the
President to be against the national interest. The Act also states that
it is the policy of the United States to restrict the export of goods
and technical data 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, and in compliance with the other sections of the
EAA, the Department conducts a continuing review of commodities and
technical data to assure that prior approval is required for the export
or reexport of U.S.-origin commodities and technical data to Albania,
Armenia, Azerbaijan, Bulgaria, Belarus, Estonia, Georgia, Kazakhstan,
Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Russia, Romania,
Tajikistan, Turkmenistan, Ukraine, Uzbekistan and Vietnam only if the
commodities or technical data have a potential for being used in a
manner that would prove detrimental to the national security of the
United States. The general policy of the Department is to approve
applications or requests to export or reexport such commodities and
technical data to these destinations when the Department determines, on
a case-by-case basis, that the commodities or technical data are for
civilian use or would otherwise not make a significant contribution to
the military potential of the country of destination that would prove
detrimental to the national security of the United States. However, in
recognition of efforts made to adopt safeguard measures for exports,
Bulgaria, Latvia, Kazakhstan, Lithuania, Mongolia, and Russia are
accorded enhanced favorable consideration licensing treatment.
* * * * *
(b) See parts 776 and 778 of this subchapter for foreign policy
based controls governing exports to Country Groups Q, W, and Y.
(c) Country Group Q. Romania (Country Group Q) has been determined
to present a lesser strategic threat, and has adopted safeguard
measures to protect against the diversion of national security
controlled items. In recognition of these facts, the Commerce Control
List includes several Advisory Notes that indicate likelihood of
approval or favorable consideration for export to satisfactory end-
users in Country Group Q. Items not eligible for favorable
consideration will be reviewed on a case-by-case basis.
* * * * *
PART 787--[AMENDED]
27. In Sec. 787.13, paragraphs (e)(2)(ii)(B) and (e)(2)(ii)(C) are
revised to read as follows:
Sec. 787.13 Recordkeeping.
* * * * *
(e) * * *
(2) * * *
(ii) * * *
(B) Records required for exports under the Distribution License, as
required by Sec. 773.3 of this subchapter;
(C) Records required for exports under the Service Supply
Procedure, as required by Sec. 773.7 of this subchapter;
* * * * *
PART 799--[AMENDED]
Supplement No. 1 to Sec. 799.1--[Amended]
28. In Supplement No. 1 to Sec. 799.1, in Category 2 (Materials
Processing), under the heading ``Notes for Category 2'' following ECCN
2E96G, Advisory Note 4 is removed and reserved.
29. In Category 3, ECCN 3A01A is revised to read as follows:
3A01A Electronic devices and components.
Requirements
Validated License Required: QSTVWYZ.
Unit: Number.
Reason for Control: NS, MT, NP (see Notes).
GLV: $1,500: 3A01.c, $3,000: 3A01.b.1 to b.3, 3A01.d to 3A01.f,
$5,000: 3A01.a, 3A01.b.4 to b.7.
GCT: Yes, except 3A01.a.1 and 3A01.e.5 (see Notes).
GFW: Yes, except 3A01.a.1, 3A01.b.1 and b.3 to b.7, 3A01.c to f.
GNSG: Yes, except Bulgaria, Romania, or Russia, for 3A01.e.5 only
(see Notes).
Notes: 1. MT controls apply to 3A01.a.1.a. 2. NP controls apply
to 3A01.e.5.
List of Items Controlled
a. General purpose integrated circuits, as follows:
Note 1: The control status of wafers (finished or unfinished),
in which the function has been determined, is to be evaluated
against the parameters of 3A01.a.
Note 2: Integrated circuits include the following types:
``Monolithic integrated circuits''; ``Hybrid integrated circuits'';
``Multichip integrated circuits''; ``Film type integrated
circuits'', including silicon-on-sapphire integrated circuits;
``Optical integrated circuits''.
a.1. Integrated circuits, designed or rated as radiation hardened
to withstand either of the following:
a.1.a. A total dose of 5 x 105 Rads (Si), or higher; or
a.1.b. A dose rate upset of 5 x 108 Rads (Si)/s or higher;
a.2. Integrated circuits described in 3A01.a.3 to a.10 or
3A01.a.12, as follows:
a.2.a. Rated for operation at an ambient temperature above 398 K
(+125 deg.C);
a.2.b. Rated for operation at an ambient temperature below 218 K
(-55 deg.C); or
a.2.c. Rated for operation over the entire ambient temperature
range from 218 K (-55 deg.C) to 398 K (+125 deg.C);
Note: 3A01.a.2 does not apply to integrated circuits for civil
automobile or railway train applications.
a.3. ``Microprocessor microcircuits'', ``microcomputer
microcircuits'' and microcontroller microcircuits, having any of the
following:
Note: 3A01.a.3 includes digital signal processors, digital array
processors and digital coprocessors.
a.3.a. An arithmetic logic unit with an access width of 32 bit or
more and a ``composite theoretical performance'' (``CTP'') of 80
million theoretical operations per second (Mtops) or more;
a.3.b. Manufactured from a compound semiconductor and operating a
clock frequency exceeding 40 MHz; or
a.3.c. More than one data or instruction bus or serial
communication port for external interconnection in a parallel processor
with a transfer rate exceeding 2.5 Mbyte/s;
a.4. Electrically erasable programmable read-only memories
(EEPROMs), static random-access memories (SRAMs), and storage
integrated circuits manufactured from a compound semiconductor, as
follows:
a.4.a. Electrically erasable programmable read-only memories
(EEPROMs) with a storage capacity:
a.4.a.1. Exceeding 16 Mbit per package for flash memory types; or
a.4.a.2. Exceeding either of the following limits for all other
EEPROM types:
a.4.a.2.a. 4 Mbit per package; or
a.4.a.2.b. 1 Mbit per package and having a maximum access time of
less than 80 ns;
a.4.b. Static random-access memories (SRAMs) with a storage
capacity:
a.4.b.1. Exceeding 4 Mbit per package; or
a.4.b.2. Exceeding 1 Mbit per package and having a maximum access
time of less than 20 ns;
a.4.c. Storage integrated circuits manufactured from a compound
semiconductor;
a.5. Analog-to-digital and digital-to-analog converter integrated
circuits, as follows:
a.5.a. Analog-to-digital converters having any of the following:
a.5.a.1. A resolution of 8 bits or more, but less than 12 bits,
with a total conversion time to maximum resolution of less than 10 ns;
a.5.a.2. A resolution of 12 bits with a total conversion time to
maximum resolution of less than 200 ns; or
a.5.a.3. A resolution of more than 12 bits with a total conversion
time to maximum resolution of less than 2 microseconds;
a.5.b. Digital-to-analog converters with a resolution of 12 bits or
more, and a ``settling time'' of less than 10 ns;
a.6. Electro-optical or ``optical integrated circuits'' for
``signal processing'' having all of the following:
a.6.a. One or more internal ``laser'' diodes;
a.6.b. One or more internal light detecting elements; and
a.6.c. Optical waveguides;
a.7. Field programmable gate arrays having either of the following:
a.7.a. An equivalent usable gate count of more than 30,000 (2 input
gates); or
a.7.b. A typical ``basic gate propagation delay time'' of less than
0.4 ns;
a.8. Field programmable logic arrays having either of the
following:
a.8.a. An equivalent usable gate count of more than 30,000 (2 input
gates); or
a.8.b. A toggle frequency exceeding 133 MHz;
a.9. Neural network integrated circuits;
a.10. Custom integrated circuits for which either the function is
unknown, or the control status of the equipment in which the integrated
circuits will be used is unknown to the manufacturer, having any of the
following:
a.10.a. More than 144 terminals;
a.10.b. A typical ``basic gate propagation delay time'' of less
than 0.4 ns; or
a.10.c. An operating frequency exceeding 3 GHz;
a.11. Digital integrated circuits, other than those described in
3A01.a.3 to a.10 or 3A01.a.12, based upon any compound semiconductor
and having either of the following:
a.11.a. An equivalent gate count of more than 300 (2 input gates);
or
a.11.b. A toggle frequency exceeding 1.2 GHz;
a.12. Fast Fourier Transform (FFT) processors having any of the
following characteristics:
a.12.a. A rated execution time for a 1,024-point complex FFT of
less than 1 ms;
a.12.b. A rated execution time for an N-point complex FFT of other
than 1,024 points of less than N log2 N/10,240 ms, where N is the
number of points; or
a.12.c. A butterfly throughput of more than 5.12 MHz;
b. Microwave or millimeter wave devices:
b.1. Electronic vacuum tubes and cathodes, as follows: (For
frequency agile magnetron tubes, see ITAR Category 11.)
Note: 3A01.b.1 does not control tubes designed or rated to
operate in the Standard Civil Telecommunications Bands at
frequencies not exceeding 31 GHz.
b.1.a. Travelling wave tubes, pulsed or continuous wave, as
follows:
b.1.a.1. Operating at frequencies higher than 31 GHz;
b.1.a.2. Having a cathode heater element with a turn on time to
rated RF power of less than 3 seconds;
b.1.a.3. Coupled cavity tubes, or derivatives thereof, with an
``instantaneous bandwidth'' of more than 7 percent or a peak power
exceeding 2.5 kW;
b.1.a.4. Helix tubes, or derivatives thereof, with any of the
following characteristics:
b.1.a.4.a. An ``instantaneous bandwidth'' of more than one octave,
and average power (expressed in kW) times frequency (expressed in GHz)
of more than 0.5;
b.1.a.4.b. An ``instantaneous bandwidth'' of one octave or less,
and average power (expressed in kW) times frequency (expressed in GHz)
of more than 1; or
b.1.a.4.c. ``Space qualified'';
b.1.b. Crossed-field amplifier tubes with a gain of more than 17
dB;
b.1.c. Impregnated cathodes for electronic tubes, with either of
the following:
b.1.c.1. A turn on time to rated emission of less than 3 seconds;
or
b.1.c.2. Producing a continuous emission current density at rated
operating conditions exceeding 5 A/cm2;
b.2. Microwave integrated circuits or modules containing
``monolithic integrated circuits'' operating at frequencies exceeding 3
GHz;
Note: 3A01.b.2 does not control circuits or modules for
equipment designed or rated to operate in the Standard Civil
Telecommunications Bands at frequencies not exceeding 31 GHz.
b.3. Microwave transistors rated for operation at frequencies
exceeding 31 GHz;
b.4. Microwave solid state amplifiers:
b.4.a. Operating at frequencies exceeding 10.5 GHz and having an
``instantaneous bandwidth'' of more than half an octave; or
b.4.b. Operating at frequencies exceeding 31 GHz;
b.5. Electronically or magnetically tunable band-pass or band-stop
filters having more than 5 tunable resonators capable of tuning across
a 1.5:1 frequency band (fmax/fmin) in less than 10
microseconds with either:
b.5.a. A band-pass bandwidth of more than 0.5 percent of center
frequency; or
b.5.b. A band-stop bandwidth of less than 0.5 percent of center
frequency;
b.6. Microwave assemblies capable of operating at frequencies
exceeding 31 GHz;
b.7. Mixers and converters designed to extend the frequency range
of equipment described in 3A02.c, 3A02.e or 3A02.f beyond the control
limits stated therein;
c. Acoustic wave devices, as follows, and specially designed
components therefor:
c.1. Surface acoustic wave and surface skimming (shallow bulk)
acoustic wave devices (i.e., ``signal processing'' devices employing
elastic waves in materials), having any of the following:
c.1.a. A carrier frequency exceeding 2.5 GHz;
c.1.b. A carrier frequency of 2.5 GHz or less, and:
c.1.b.1. A frequency side-lobe rejection exceeding 55 dB;
c.1.b.2. A product of the maximum delay time and the bandwidth
(time in microseconds and bandwidth in MHz) of more than 100; or
c.1.b.3. A dispersive delay of more than 10 microseconds; or
c.1.c. A carrier frequency exceeding 1 GHz and a bandwidth of 250
MHz or more;
c.2. Bulk (volume) acoustic wave devices (i.e., ``signal
processing'' devices employing elastic waves) which permit the direct
processing of signals at frequencies exceeding 1 GHz;
c.3. Acoustic-optic ``signal processing'' devices employing
interaction between acoustic waves (bulk wave or surface wave) and
light waves which permit the direct processing of signals or images,
including spectral analysis, correlation or convolution;
d. Electronic devices or circuits containing components,
manufactured from ``superconductive'' materials specially designed for
operation at temperatures below the ``critical temperature'' of at
least one of the ``superconductive'' constituents, with any of the
following:
d.1. Electromagnetic amplification:
d.1.a. At frequencies equal to or less than 31 GHz with a noise
figure of less than 0.5 dB; or
d.1.b. At frequencies exceeding 31 GHz;
d.2. Current switching for digital circuits using
``superconductive'' gates with a product of delay time per gate (in
seconds) and power dissipation per gate (in watts) of less than
10-14 J; or
d.3. Frequency selection at all frequencies using resonant circuits
with Q-values exceeding 10,000;
e. High energy devices, as follows:
e.1. Batteries, as follows:
Note: 3A01.e.1 does not control batteries with volumes equal to
or less than 27 cm3 (e.g., standard C-cells or R-14 batteries).
e.1.a. Primary cells and batteries having an energy density
exceeding 480 Wh/kg and rated for operation in the temperature range
from below 243 K (-30 deg.C) to above 343 K (70 deg.C);
e.1.b. Rechargeable cells and batteries having an energy density
exceeding 150 Wh/kg after 75 charge/discharge cycles at a discharge
current equal to C/5 hours (C being the nominal capacity in ampere
hours) when operating in the temperature range from below 253 K (-20
deg.C) to above 333 K (60 deg.C);
Technical Note: Energy density is obtained by multiplying the
average power in watts (average voltage in volts times average
current in amperes) by the duration of the discharge in hours to 75
percent of the open circuit voltage divided by the total mass of the
cell (or battery) in kg.
e.1.c. ``Space qualified'' and radiation hardened photovoltaic
arrays with a specific power exceeding 160 W/m2 at an operating
temperature of 301 K (28 deg.C) under a tungsten illumination of 1 kW/
m2 at 2,800 K (2,527 deg.C);
e.2. High energy storage capacitors, as follows:
e.2.a. Capacitors with a repetition rate of less than 10 Hz (single
shot capacitors) having all of the following:
e.2.a.1. A voltage rating equal to or more than 5 kV;
e.2.a.2. An energy density equal to or more than 250 J/kg; and
e.2.a.3. A total energy equal to or more than 25 kJ;
e.2.b. Capacitors with a repetition rate of 10 Hz or more
(repetition rated capacitors) having all of the following:
e.2.b.1. A voltage rating equal to or more than 5 kV;
e.2.b.2. An energy density equal to or more than 50 J/kg;
e.2.b.3. A total energy equal to or more than 100 J; and
e.2.b.4. A charge/discharge cycle life equal to or more than
10,000;
e.3. ``Superconductive'' electromagnets or solenoids specially
designed to be fully charged or discharged in less than one second,
having all of the following:
Note: 3A01.e.3. does not control ``superconductive''
electromagnets or solenoids specially designed for Magnetic
Resonance Imaging (MRI) medical equipment.
e.3.a. Energy delivered during the discharge exceeding 10 kJ in the
first second;
e.3.b. Inner diameter of the current carrying windings of more than
250 mm; and
e.3.c. Rated for a magnetic induction of more than 8 T or ``overall
current density'' in the winding of more than 300 A/mm2;
e.4. Circuits or systems for electromagnetic energy storage,
containing components manufactured from ``superconductive'' materials
specially designed for operation at temperatures below the ``critical
temperature'' of at least one of their ``superconductive''
constituents, having all of the following:
e.4.a. Resonant operating frequencies exceeding 1 MHz;
e.4.b. A stored energy density of 1 MJ/m3 or more; and
e.4.c. A discharge time of less than 1 ms;
e.5. Flash discharge type X-ray systems, and tubes therefore,
having all of the following:
e.5.a. A peak power exceeding 500 MW;
e.5.b. An output voltage exceeding 500 kV; and
e.5.c. A pulse width of less than 0.2 microsecond;
f. Rotary input type shaft absolute position encoders having either
of the following:
f.1. A resolution of better than 1 part in 265,000 (18 bit
resolution) of full scale; or
f.2. An accuracy better than 2.5 seconds of arc.
Related ECCNs: * * *
30. In Category 3, ECCN 3A92F is revised to read as follows:
3A92F Electronic devices and components not controlled by 3A01.
Requirements
Validated License Required: SZ, Iran, Syria, South African military
and police
Unit: Number
Reason for Control: FP
GLV: $0
GCT: No
GFW: No
List of Items Controlled
a. Integrated circuits of the type described in 3A01.a.3 to a.10 or
a.12. rated for operation at an ambient temperature below 219 K (-54
deg.C), but not less than 218 K (-55 deg.C);
b. ``Microprocessor microcircuits'', ``microcomputer
microcircuits'', and microcontroller microcircuits having a clock
frequency exceeding 25 MHz, but not exceeding 40 MHz;
c. Storage integrated circuits not controlled by 3A01, as follows:
c.1. Electrical erasable programmable read-only memories (EEPROMs)
with a storage capacity;
c.1.a. Exceeding 1 Mbit per package; or
c.1.b. Exceeding 256 kbit per package and a maximum access time of
less than 80 ns;
c.2. Static random-access memories (SRAMs) with a storage capacity:
c.2.a. Exceeding 1 Mbit per package; or
c.2.b. Exceeding 256 kbit per package and a maximum access time of
less than 25 ns;
d. Field programmable logic arrays not controlled by 3A01 having
either of the following:
d.1. An equivalent gate count of more than 5,000 (2 input gates);
or
d.2. A toggle frequency exceeding 100 MHz;
e. Travelling wave tubes, pulsed or continuous wave, not controlled
by 3A01, as follows:
e.1. Coupled cavity tubes, or derivatives thereof;
e.2. Helix tubes, or derivatives thereof, with any of the
following:
e.2.a.1. An ``instantaneous bandwidth'' of half an octave or more;
and
e.2.a.2. The product of the rated average output power (expressed
in kW) and the maximum operating frequency (expressed in GHz) of more
than 0.2;
e.2.b.1. An ``instantaneous bandwidth'' of less than half an
octave; and
e.2.b.2. The product of the rated average output power (expressed
in kW) and the maximum operating frequency (expressed in GHz) of more
than 0.4;
f. Flexible waveguides not controlled by 3A01 designed for use at
frequencies exceeding 40 GHz;
g. Surface acoustic wave and surface skimming (shallow bulk)
acoustic wave devices (i.e., ``signal processing'' devices employing
elastic waves in materials), not controlled by 3A01, having either of
the following:
g.1. A carrier frequency exceeding 1 GHz; or
g.2. A carrier frequency of 1 GHz or less, and
g.2.a. A frequency side-lobe rejection exceeding 55 dB;
g.2.b. A product of the maximum delay time and bandwidth (time in
microseconds and bandwidth in MHz) of more than 100; or
g.2.c. A dispersive delay of more than 10 microseconds;
h. Batteries not controlled by 3A01, as follows:
Note: 3A92.h does not control batteries with volumes equal to or
less than 26 cm3 (e.g., standard C-cells or UM-2 batteries).
h.1. Primary cells and batteries having an energy density exceeding
350 Wh/kg and rated for operation in the temperature range from below
243 K (-30 deg.C) to above 343 K (70 deg.C);
h.2. Rechargeable cells and batteries having an energy density
exceeding 150 Wh/kg after 75 charge/discharge cycles at a discharge
current equal to C/5 hours (C being the nominal capacity in ampere
hours) when operating in the temperature range from below 253 K (-20
deg.C) to above 333 K (60 deg.C);
Technical Note: Energy density is obtained by multiplying the
average power in watts (average voltage in volts times average
current in amperes) by the duration of the discharge in hours to 75
percent of the open circuit voltage divided by the total mass of the
cell (or battery) in kg.
h.3. ``Space qualified'' and radiation hardened photovoltaic arrays
with a specific power exceeding 160 W/m2 at an operating
temperature of 301 K (28 deg.C) under a tungsten illumination of 1 kW/
m2 at 2,800 K (2,527 deg.C);
i. ``Superconductive'' electromagnets or solenoids specially
designed to be fully charged or discharged in less than one minute, not
controlled by 3A01, having all of the following:
Note: 3A92.i does not control ``superconductive'' electromagnets
or solenoids designed for Magnetic Resonance Imaging (MRI) medical
equipment.
i.1. Maximum energy delivered during the discharge divided by the
duration of the discharge of more than 500 kJ per minute;
i.2. Inner diameter of the current carrying windings of more than
250 mm; and
i.3. Rated for a magnetic induction of more than 8 T or ``overall
current density'' in the winding of more than 300 A/mm2.
31. In Supplement No. 1 to Section 799.1 (the Commerce Control
List), Category 3, a new ECCN 3A94F is added immediately following ECCN
3A93F to read as follows:
3A94F General purpose electronic equipment not controlled by 3A02.
Requirements
Validated License Required: SZ, Iran, Syria, South African military
and police
Unit: Number
Reason for Control: FP
GLV: $0
GCT: No
GFW: No
List of Items Controlled
a. Digital instrumentation magnetic tape data recorders not
controlled by 3A02 having any of the following characteristics:
a.1. A maximum digital interface transfer rate exceeding 60 Mbit/s
and employing helical scan techniques;
a.2. A maximum digital interface transfer rate exceeding 120 Mbit/s
and employing fixed head techniques; or
a.3. ``Space qualified'';
b. Equipment, not controlled by 3A02, with a maximum digital
interface transfer rate exceeding 60 Mbit/s, designed to convert
digital video magnetic tape recorders for use as digital
instrumentation data recorders;
c. Hydrogen/hydrogen-isotope thyratrons of ceramic-metal
construction and rated for a peak current of 500A or more.
32. In Category 3, ECCNs 3C03A and 3C04A are revised to read as
follows:
3C03A Organo-inorganic compounds as described in this entry.
Requirements
Validated License Required: QSTVWYZ
Unit: $ value
Reason for Control: NS
GLV: $3,000
GCT: Yes
GFW: No
List of Items Controlled
Organo-inorganic compounds, as follows:
a. Organo-metallic compounds of aluminum, gallium or indium having
a purity (metal basis) better than 99.999 percent;
b. Organo-arsenic, organo-antimony and organo-phosphorus compounds
having a purity (inorganic element basis) better than 99.999 percent.
Note: 3C03A controls only compounds whose metallic, partly
metallic or non-metallic element is directly linked to carbon in the
organic part of the molecule.
3C04A Hydrides of phosphorus, arsenic or antimony, having a purity
better than 99.999 percent, even diluted in inert gases or hydrogen.
Requirements
Validated License Required: QSTVWYZ
Unit: $ value
Reason for Control: NS
GLV: $3,000
GCT: Yes
GFW: No
Note: 3C04A does not control hydrides containing 20 percent
molar or more of inert gases or hydrogen.
33. In Category 3, ECCN 3D94F is amended by revising the heading of
the entry to read as follows:
3D94F ``Software'' specially designed for the ``development'',
``production'', or ``use'' of electronic devices or components
controlled by 3A92, electronic test equipment controlled by 3A93,
general purpose electronic equipment controlled by 3A94, or
manufacturing and test equipment controlled by 3B91.
* * * * *
34. In Category 3, ECCN 3E94F is amended by revising the heading of
the entry to read as follows:
3E94F Technology for the ``development'', ``production'', or ``use''
of electronic devices or components controlled by 3A92, electronic test
equipment controlled by 3A93, general purpose electronic equipment
controlled by 3A94, or manufacturing and test equipment controlled by
3B91.
* * * * *
35. In Category 3, under the heading ``Notes for Category 3''
following ECCN 3E96G, Advisory Note 4 is removed and reserved.
36. In Category 4 (Computers), ECCN 4A03A is revised to read as
follows:
4A03A ``Digital computers'', ``assemblies'', and related equipment
therefor, as described in this entry, and specially designed components
therefor.
Requirements
Validated License Required: QSTVWYZ
Unit: Computers and peripherals in number; parts and accessories in
$ value
Reason for Control: NS, MT, NP, FP (see Notes)
GLV: $5,000
GCT: Yes, except MT and FP, and except supercomputers as defined in
Sec. 776.11(a) (no supercomputer restriction for Japan); see Notes
GFW: Yes, except MT and FP (see Notes), for computers with a CTP
not exceeding 1,000 Mtops (500 Mtops for eligible countries listed in
Supp. 4 to Part 778 of this subchapter) and specially designed
components therefor, exported separately or as part of a system, and
related equipment therefor when exported with these computers as part
of a system.
N.B. 1: General License GFW is not available for the export of
commodities that the exporter knows will be used to:
a. Enhance the performance capability (i.e., CTP) of a computer
to the ``supercomputer'' level; or
b. Enhance the performance capability of a ``supercomputer''
(see Sec. 776.11 for definition of ``supercomputer'').
N.B. 2: To determine whether General License GFW may be used to
export related equipment controlled under another entry in the CCL,
consult the GFW paragraph under the Requirements heading of the
appropriate entry.
Notes: 1. MT controls apply to digital computers used as
ancillary equipment for test facilities and equipment that are
controlled by 9B05 or 9B06.
2. NP controls apply to computers with a CTP exceeding 500 Mtops
to countries listed in Supplement No. 4 to Part 778 of this
subchapter.
3. FP controls apply to computers for computerized fingerprint
equipment to all destinations except Australia, Japan, New Zealand
and members of NATO.
4. FP controls apply to all destinations, except Japan, for
supercomputers (see Sec. 776.11 of this subchapter).
5. FP controls apply to Iran and Syria for computers controlled
by 4A03A or 4A94F (i.e., computers with a CTP of 6 Mtops or
greater). See Sec. 785.4(d)(1) of this subchapter.
List of Items Controlled
Note 1: 4A03 includes vector processors, array processors,
digital signal processors, logic processors, and equipment for
``image enhancement'' or ``signal processing''.
Note 2: The control status of the ``digital computers'' or
related equipment described in 4A03 is governed by the control
status of other equipment or systems provided:
a. The ``digital computers'' or related equipment are essential
for the operation of the other equipment or systems;
b. The ``digital computers'' or related equipment are not a
``principal element'' of the other equipment or systems; and
N.B. 1: The control status of ``signal processing'' or ``image
enhancement'' equipment specially designed for other equipment with
functions limited to those required for the other equipment is
determined by the control status of the other equipment even if it
exceeds the ``principal element'' criterion.
N.B. 2: For the control status of ``digital computers'' or
related equipment for telecommunications equipment, see the
telecommunications entries in Category 5.
c. The technology for the ``digital computers'' and related
equipment is governed by 4E.
``Digital computers'', ``assemblies'', and related equipment
therefor, as follows, and specially designed components therefor:
a. Designed or modified for ``fault tolerance'';
Note: For the purposes of 4A03.a, ``digital computers'' and
related equipment are not considered to be designed or modified for
``fault tolerance'', if they use:
1. Error detection or correction algorithms in ``main storage'';
2. The interconnection of two ``digital computers'' so that, if
the active central processing unit fails, an idling but mirroring
central processing unit can continue the system's functioning;
3. The interconnection of two central processing units by data
channels or by use of shared storage to permit one central
processing unit to perform other work until the second central
processing unit fails, at which time the first central processing
unit takes over in order to continue the system's functioning; or
4. The synchronization of two central processing units by
``software'' so that one central processing unit recognizes when the
other central processing unit fails and recovers tasks from the
failing unit.
b. ``Digital computers'' having a ``composite theoretical
performance'' (``CTP'') exceeding 260 million theoretical operations
per second (Mtops);
c. ``Assemblies'' specially designed or modified to be capable of
enhancing performance by aggregation of ``computing elements''
(``CEs'') so that the ``CTP'' of the aggregation exceeds the limit in
4A03.b;
Note 1: 4A03.c applies only to ``assemblies'' and programmable
interconnections not exceeding the limits in 4A03.b, when shipped as
unintegrated ``assemblies''. It does not apply to ``assemblies''
inherently limited by nature of their design for use as related
equipment controlled by 4A03.d to 4A03.f.
Note 2: 4A03.c does not control ``assemblies'' specially
designed for a product or family of products whose maximum
configuration does not exceed the limits of 4A03.b.
d. Graphics accelerators or graphics coprocessors exceeding a ``3-D
Vector Rate'' of 1,600,000;
e. Equipment performing analog-to-digital conversions exceeding the
limits in 3A01.a.5;
f. Equipment containing ``terminal interface equipment'' exceeding
the limits in 5A02.c;
Note: For the purposes of 4A03.f, ``terminal interface
equipment'' includes ``local area network'' interfaces, modems and
other communications interfaces. ``Local area network'' interfaces
are evaluated as ``network access controllers''.
g. Equipment, specially designed to provide for the external
interconnection of ``digital computers'' or associated equipment, that
allows communications at data rates exceeding 80 Mbytes/s.
Note: 4A03.g does not control internal interconnection equipment
(e.g., backplanes, buses) or passive interconnection equipment.
37. In Category 4 (Computers), ECCN 4A94F is revised to read as
follows:
4A94F Computers, ``assemblies'' and related equipment not controlled
by 4A01, 4A02, or 4A03, and specially designed components therefor.
Requirements
Validated License Required: SZ, Iran, Syria, South African military
and police
Unit: Computers and peripherals in number; parts and accessories in
$ value
Reason for Control: FP
GLV: $0
GCT: No
GFW: No
List of Items Controlled
a. Electronic computers and related equipment, and ``assemblies''
and specially designed components therefor, rated for operation at an
ambient temperature above 343 K (70 deg.C), but not above 358 K
(85 deg.C);
b. ``Digital computers'' not controlled by 4A03 having a
``composite theoretical performance'' (``CTP'') equal to or greater
than 6 million theoretical operations per second (Mtops);
c. ``Assemblies'' not controlled by 4A03 that are specially
designed or modified to enhance performance by aggregation of
``computing elements'' (``CEs''), as follows:
c.1. Designed to be capable of aggregation in configurations of 16
or more ``computing elements'' (``CEs''); or
c.2. Having a sum of maximum data rates on all channels available
for connection to associated processors exceeding 40 million Bytes/s;
Note 1: 4A94.c applies only to ``assemblies'' and programmable
interconnections with a ``composite theoretical performance''
(``CTP'') not exceeding 12.5 million theoretical operations per
second (Mtops), when shipped as unintegrated ``assemblies''. It does
not apply to ``assemblies'' inherently limited by nature of their
design for use as related equipment controlled by 4A03 or 4A94.
Note 2: 4A94.c does not control any ``assembly'' specially
designed for a product or family of products with a maximum
configuration that does not exceed a ``CTP'' of 12.5 Mtops.
d. Disk drives and solid state storage equipment:
d.1. Magnetic, erasable optical or magneto-optical disk drives with
a ``maximum bit transfer rate'' exceeding 25 million bit/s;
d.2. Solid state storage equipment, other than ``main storage''
(also known as solid state disks or RAM disks), with a ``maximum bit
transfer rate'' exceeding 36 million bit/s;
e. Input/output control units designed for use with equipment
controlled by 4A94.d;
f. Equipment for ``signal processing'' or ``image enhancement'',
not controlled by 4A03, having a ``composite theoretical performance''
(``CTP'') exceeding 8.5 million theoretical operations per second
(Mtops);
g. Graphics accelerators or graphics coprocessors, not controlled
by 4A03, that exceed a ``3-D vector rate'' of 400,000 or, if supported
by 2-D vectors only, a ``2-D vector rate'' of 600,000;
Note 1: The provisions of 4A94.g do not apply to work stations
designed for and limited to:
a. Graphic arts (e.g., printing, publishing); and
b. The display of two-dimensional vectors.
h. Color displays or monitors having more than 120 resolvable
elements per cm in the direction of the maximum pixel density;
Note 1: 4A94.h does not control displays or monitors not
specially designed for electronic computers.
Note 2: Displays specially designed for air traffic control
(ATC) systems are treated as specially designed components for ATC
systems under Category 6.
i. Equipment containing ``terminal interface equipment'' exceeding
the limits in 5A91F.
Note: For the purposes of 4A94.h, ``terminal interface
equipment'' includes ``local area network'' interfaces, modems and
other communications interfaces. ``Local area network'' interfaces
are evaluated as ``network access controllers''.
38. In Supplement No. 1 to Section 799.1 (the Commerce Control
List), Category 4 (Computers) is amended:
a. By removing the sub-heading ``Equipment for the development and
production of magnetic and optical storage equipment as follows.''
immediately following the heading ``B. Test, Inspection and Production
Equipment'', which follows ECCN 4A96G; and
b. By removing ECCNs 4B01A, 4B02A, and 4B03A;
c. By adding a new ECCN 4B94F immediately following the heading
``B. Test, Inspection and Production Equipment''; and
d. By revising the heading of ECCN 4B96G to read as follows:
4B94F Equipment for the ``development'' and ``production'' of magnetic
and optical storage equipment, as described in this entry.
Requirements
Validated License Required: SZ, Iran, Syria, South African military
and police
Unit: $ value
Reason for Control: FP
GLV: $0
GCT: No
GFW: No
List of Items Controlled
a. Equipment specially designed for the application of magnetic
coating to controlled non-flexible (rigid) magnetic or magneto-optical
media;
Note: 4B94F does not control general-purpose ``sputtering''
equipment.
b. ``Stored program controlled'' equipment specially designed for
monitoring, grading, exercising or testing controlled rigid magnetic
media;
c. Equipment specially designed for the ``production'' or alignment
of heads or head/disk assemblies for controlled rigid magnetic and
magneto-optical storage, and electro-mechanical or optical components
therefor.
4B96G Computer test, production and inspection equipment, n.e.s.
* * * * *
39. In Category 4 (Computers), ECCN 4C01A is removed, a new ECCN
4C94F is added immediately following the heading ``C. Materials'', and
ECCN 4C96G is amended by revising the heading of the entry to read as
follows:
4C94F Materials specially formulated for and ``required'' for the
fabrication of head/disk assemblies for controlled magnetic and
magneto-optical hard disk drives.
Requirements
Validated License Required: SZ, Iran, Syria, South African military
and police
Unit: $ value
Reason for Control: FP
GLV: $0
GCT: No
GFW: No
4C96G Materials, n.e.s., specially formulated for and ``required'' for
the fabrication of computer equipment, ``assemblies'' and components.
* * * * *
40. In Category 4 (Computers), ECCN 4D01A is amended by revising
the heading of the entry to read as follows:
4D01A ``Software'' specially designed or modified for the
``development'', ``production'' or ``use'' of equipment controlled by
4A01, 4A02, 4A03, or 4A04, or ``software'' controlled by 4D01, 4D02, or
4D03.
* * * * *
41. In Category 4 (Computers), ECCN 4D03A is revised to read as
follows:
4D03A Specific ``software'', as described in this entry.
Requirements
Validated License Required: QSTVWYZ
Unit: $ value
Reason for Control: NS
GTDR: Yes, except 4D03.c
GTDU: No
List of Items Controlled
a. Operating system ``software'', ``software'' development tools
and compilers specially designed for ``multi-data-stream processing''
equipment, in ``source code'';
b. ``Expert systems'' or ``software'' for ``expert system''
inference engines providing both:
b.1. Time dependent rules; and
b.2. Primitives to handle the time characteristics of the rules and
the facts;
c. ``Software'' having characteristics or performing functions
exceeding the limits in the ``information security'' entries in
Category 5;
d. Operating systems specially designed for ``real time
processing'' equipment that guarantees a ``global interrupt latency
time'' of less than 20 microseconds.
42. In Supplement No. 1 to Section 799.1 (the Commerce Control
List), Category 4 (Computers), new ECCNs 4D92F and 4D93F are added
immediately following ECCN 4D80C to read as follows:
4D92F ``Software'' specially designed or modified for the
``development'', ``production'', or ``use'' of equipment controlled by
4B94 and materials controlled by 4C94.
Requirements
Validated License Required: SZ, Iran, Syria, South African military
and police
Unit: $ value
Reason for Control: FP
GTDR: No
GTDU: Yes, except destinations listed under Validated License
Required
4D93F ``Program'' proof and validation ``software'', ``software''
allowing the automatic generation of ``source codes'', and operating
systems not controlled by 4D03 that are specially designed for ``real
time processing'' equipment.
Requirements
Validated License Required: SZ, Iran, Syria, South African military
and police
Unit: $ value
Reason for Control: FP
GTDR: No
GTDU: Yes, except destinations listed under Validated License
Required
List of Items Controlled
a. ``Program'' proof and validation ``software'' using mathematical
and analytical techniques and designed or modified for ``programs''
having more than 500,000 ``source code'' instructions;
b. ``Software'' allowing the automatic generation of ``source
codes'' from data acquired on line from external sensors described in
the Commerce Control List;
c. Operating systems not controlled by 4D03A that are specially
designed for ``real time processing'' equipment that guarantees a
``global interrupt latency time'' of less than 30 microseconds.
43. In Supplement No. 1 to Sec. 799.1 (the Commerce Control List),
Category 4 (Computers), ECCN 4D94F is amended by revising the heading
of the entry to read as follows:
4D94F ``Software'' specially designed for the ``development'',
``production'', or ``use'' of ``digital computers'', ``assemblies'' and
related equipment therefor controlled by 4A94.
* * * * *
44. In Category 4 (Computers), ECCN 4E01A is amended by revising
the heading of the entry and ECCN 4E02A is amended by revising the List
of Items Controlled to read as follows:
4E01A Technology, according the General Technology Note, for the
``development'', ``production'' or ``use'' of equipment controlled by
4A01, 4A02, 4A03, or 4A04, or ``software'' controlled by 4D01, 4D02, or
4D03.
* * * * *
4E02A Other technology.
* * * * *
List of Items Controlled
a. Technology for the ``development'' or ``production'' of
equipment designed for ``multi-data-stream processing'' where the
``CTP'' exceeds 120 Mtops;
b. Technology ``required'' for the ``development'' or
``production'' of magnetic hard disk drives with an ``MBTR'' exceeding
47 Mbit/s.
45. In Supplement No. 1 to Sec. 799.1 (the Commerce Control List),
Category 4 (Computers), new ECCNs 4E92F and 4E93F are added immediately
following ECCN 4E80C to read as follows:
4E92F Technology for the ``development'', ``production'', or ``use''
of equipment controlled by 4B94, materials controlled by 4C94, or
``software'' controlled by 4D92, 4D93, or 4D94.
Requirements
Validated License Required: SZ, Iran, Syria, South African military
and police
Unit: $ value
Reason for Control: FP
GTDR: No
GTDU: Yes, except destinations listed under Validated License
Required
4E93F Technology for the ``development'' or ``production'' of graphics
accelerators or equipment designed for ``multi-data-stream processing''
and technology ``required'' for the ``development'' or ``production''
of magnetic hard disk drives.
Requirements
Validated License Required: SZ, Iran, Syria, South African military
and police
Unit: $ value
Reason for Control: FP
GTDR: No
GTDU: Yes, except destinations listed under Validated License
Required
List of Items Controlled
a. Technology for the ``development'' or ``production'' of graphics
accelerators not controlled by 4A03.d or 4A94.g;
b. Technology, not controlled by 4E02.a, for the ``development'' or
``production'' of equipment designed for ``multi-data-stream
processing'';
c. Technology, not controlled by 4E02.b, ``required'' for the
``development'' or ``production'' of magnetic hard disk drives with a
``maximum bit transfer rate'' (``MBTR'') exceeding 11 Mbit/s.
46. In Supplement No. 1 to Sec. 799.1 (the Commerce Control List),
Category 4 (Computers), ECCN 4E94F is amended by revising the heading
of the entry to read as follows:
4E94F Technology for the ``development'', ``production'', or ``use''
of ``digital computers'', ``assemblies'' and related equipment therefor
controlled by 4A94F.
* * * * *
47. In Category 4 (Computers), following ECCN 4E96G, under the
heading ``Notes for Category 4'':
a. Advisory Notes 1, 2, and 3 are revised;
b. Advisory Note 4 and 5 are removed and reserved;
c. Advisory Notes 6 and 7 are revised; and
d. A new Advisory Note 8 is added to read as follows:
Notes for Category 4
Advisory Note 1: Licenses are likely to be approved, as
administrative exceptions, for exports to satisfactory end-users in
Romania of the items controlled by Category 4 for national security
reasons, except:
a. Computers controlled by 4A01 or 4A02;
b. ``Digital computers'' controlled by 4A03.b, having a
``composite theoretical performance'' (CTP) exceeding 100 million
theoretical operations per second (Mtops);
c. Computers controlled by 4A04, and specially designed related
equipment, ``assemblies'' and components therefor;
d. ``Software'' specially designed and technology ``required''
for the equipment described in this Advisory Note 1.a, .b, or .c
that are controlled by 4D or 4E.
Advisory Note 2: Licenses are likely to be approved, as
administrative exceptions for export to satisfactory end-users in
the People's Republic of China of ``digital computers'', specially
designed components and related equipment therefor, controlled by
4A03.b, .d, .e, or .f, or ``software'' controlled by 4D01, provided
that:
a. They will be operated by civil end-users for civil
applications;
b. They are exported as complete systems or enhancements to
previously exported systems up to the limits in this Advisory Note
2.d;
c. They have been primarily designed and used for non-strategic
applications;
d. The ``CTP'' of the ``digital computers'' does not exceed 20
Mtops;
e. Equipment containing ``terminal interface equipment'' does
not exceed:
1. The limits of Advisory Note 4 to Category 5, Section I
(Telecommunications);
2. The limits of 5A02.c.2; or
3. A ``digital transfer rate'' of 100 Mbit/s on the common media
for ``network access controllers'' and related equipment controlled
by 5A02.c.3; and
f. Any controlled ``software'' is the minimum required for the
``use'' of the approved ``digital computers'' and related equipment.
Advisory Note 3: Licenses are likely to be approved, as
administrative exceptions, for exports to satisfactory end-users in
Country Groups QWY and the People's Republic of China of ``digital
computers'', ``assemblies'' or related equipment controlled by 4A03,
or specially designed components therefor, and ``software''
controlled by 4D01, provided that:
a. They will be operated by civil end-users for civil
applications;
b. They have been primarily designed and used for non-strategic
applications;
c. They do not exceed any of the following limits:
1. The ``CTP'' of the ``digital computers'' does not exceed
1,000 Mtops;
2. The ``3-D vector rate'' does not exceed 3 million;
3. The total data transfer rate of equipment controlled by
4A03.g does not exceed 400 MByte/second;
d. When exported as enhancements, the enhanced ``digital
computer'' does not exceed the limit in this Advisory Note 3.c;
e. Exports of items covered by this Advisory Note 3 shall be
subject to the following restrictions:
1. The equipment will be used primarily for the specific non-
strategic application for which the export has been approved;
2. The equipment will not be used for the design, development,
or production of items controlled for national security reasons; and
3. The exporter shall report promptly any evidence of the
removal or diversion of the equipment from authorized purposes
related to the specific export license;
f. For systems where the ``CTP'' exceeds 520 Mtops, the
following conditions apply:
1. The licensee or the designated representative of the
licensee, who must be from a non-proscribed country, must have the
right of access to all the equipment and may carry out inspections;
2. The licensee, upon the request of the Office of Export
Licensing, must carry out inspections to establish that all the
equipment and systems exported under the provisions of this Advisory
Note:
a. Are being used for the intended civil purposes; and
b. Are still located at the installation sites. The licensee
shall report the findings from the inspection to the Office of
Export Licensing within one month after completing the inspection.
Advisory Note 4: [Reserved]
Advisory Note 5: [Reserved]
Advisory Note 6: Licenses will receive favorable consideration
for exports to satisfactory end-users in Country Groups QWY and the
People's Republic of China of ``digital computers'', ``assemblies''
or related equipment therefor controlled by 4A03, or specially
designed components therefor, and ``software'' controlled by 4D01,
provided that:
a. They will be operated by civil end-users for civil
applications;
b. They have been primarily designed and used for non-strategic
applications;
c. They do not exceed any of the following limits:
1. The ``CTP'' of the ``digital computers'' does not exceed
1,500 Mtops;
2. The ``3-D vector rate'' does not exceed 3 million;
3. The total data transfer rate of equipment controlled by
4A03.g does not exceed 400 MByte/second;
d. The ``assemblies'' controlled by 4A03.c are not specially
designed or modified for a family of computers the maximum
configuration of which exceeds 1,500 Mtops;
e. When exported as enhancements, the enhanced ``digital
computer'' does not exceed the limit in this Advisory Note 6.c;
f. Any controlled ``software'' is the minimum required for the
``use'' of the approved ``digital computers'' and related equipment;
g. Exports of items covered by this Advisory Note 6 shall be
subject to the following conditions:
1. A signed statement must be submitted by a responsible
representative of the end-user(s) or the importing agency describing
the end-use and certifying that the ``digital computers'' or related
equipment:
a. Will be used only for civil applications; and
b. Will not be reexported or otherwise disposed of without prior
written authorization from the Office of Export Licensing;
2. The following information must be clearly stated on an export
application for equipment controlled by this Advisory Note:
a. A full description of the equipment and its intended
application and workload; and
b. A complete identification of all end-users and their
activities;
3. The licensee or the designated representative of the
licensee, who must be from a non-proscribed country, must have the
right of access to all the equipment or systems and may carry out
inspections;
4. The licensee, upon the request of the Office of Export
Licensing, must carry out inspections to establish that all the
equipment or systems exported under the provisions of this Advisory
Note:
a. Are being used for the intended civil purposes; and
b. Are still located at the installation sites. The licensee
shall report the findings from the inspection to the Office of
Export Licensing within one month after completing the inspection;
5. The licensee, or the designated representative of the
licensee, must be notified of any significant change of application
or of other facts on which the license was based;
h. In reviewing applications for items described in this
Advisory Note, consideration will be given to:
1. The appropriateness of the equipment to the stated end-use;
2. Any evidence that would indicate that the proposed end-users
are:
a. Directly involved in significant strategic, including
intelligence, activities; or
b. Affiliated with organizations that foster diversion to
strategic purposes;
3. The extent to which the equipment will support the strategic
activities of the end-users; and
4. The extent to which diversion would disrupt the activities of
the proposed end-users.
Advisory Note 7: Licenses will receive favorable consideration
for exports to satisfactory end-users in Bulgaria, Kazakhstan,
Latvia, Mongolia, Russia and Ukraine of all items controlled by
Category 4 for national security reasons, except:
a. Computers controlled by 4A01 or 4A02;
b. ``Digital computers'' controlled by 4A03.b having a ``CTP''
exceeding 41 Mtops, and specially designed components therefor;
c. Computers controlled by 4A04, and specially designed related
equipment, ``assemblies'' and components therefor;
d. ``Software'' specially designed and technology ``required''
for the equipment described in this Advisory Note 7.a, .b, or .c,
controlled by 4D or 4E for national security reasons.
Advisory Note 8: Licenses are likely to be approved, as
administrative exceptions, for exports to satisfactory end-users in
Country Groups QWY and the People's Republic of China of equipment
controlled by 4A03.g, provided that it is exported for use in
interconnecting peripheral equipment to ``digital computers'' not
controlled by 4A03.b.
48. In Category 5 (Telecommunications and ``Information
Security''), Subcategory I ``Telecommunications'', ECCN 5A01A is
amended by revising the List of Items Controlled to read as follows:
5A01A Any type of telecommunications equipment having any of the
characteristics, functions or features described in this entry.
* * * * *
List of Items Controlled
Any type of telecommunications equipment having any of the
following characteristics, functions or features:
a. Specially designed to withstand transitory electronic effects or
electromagnetic pulse arising from a nuclear explosion;
b. Specially hardened to withstand gamma, neutron or ion radiation;
c. Specially designed to operate outside the temperature range from
218 K (-55 deg.C) to 397 K (124 deg.C).
Note: 5A01.c applies only to electronic equipment.
Note: 5A01.b and c do not apply to equipment on board
satellites.
49. In Category 5 (Telecommunications and ``Information
Security''), Subcategory I ``Telecommunications'', ECCN 5A02A is
amended by revising the List of Items Controlled to read as follows:
5A02A ``Telecommunication transmission equipment'' or systems and
specially designed components and accessories therefor, having any of
the characteristics, functions or features.
* * * * *
List of Items Controlled
Note: ``Telecommunication transmission equipment.''
a. Categorized as follows, or combinations thereof:
1. Radio equipment (e.g., transmitters, receivers and
transceivers);
2. Line terminating equipment;
3. Intermediate amplifier equipment;
4. Repeater equipment;
5. Regenerator equipment;
6. Translation encoders (transcoders);
7. Multiplex equipment (statistical multiplex included);
8. Modulators/demodulators (modems);
9. Transmultiplex equipment (see CCITT Rec. G.70l);
10. ``Stored program controlled'' digital crossconnection
equipment;
11. ``Gateways'' and bridges;
12. ``Media access units''; and
b. Designed for use in single or multi-channel communication
via:
1. Wire (line);
2. Coaxial cable;
3. Optical fiber cable;
4. Electromagnetic radiation;
5. Underwater acoustic wave propagation.
``Telecommunication transmission equipment'' or systems and
specially designed components and accessories therefor, having any of
the following characteristics, functions or features:
a. Employing digital techniques, including digital processing of
analog signals, and designed to operate at a ``digital transfer rate''
at the highest multiplex level exceeding 45 Mbit/s, or a ``total
digital transfer rate'' exceeding 90 MBit/s;
Note: 5A02.a does not control equipment specially designed to be
integrated and operated in any satellite system for civil use.
b. Being ``stored program controlled'' digital cross connect
equipment with a ``digital transfer rate'' exceeding 8.5 Mbit/s per
port;
c. Being equipment containing:
c.1. Modems using the ``bandwidth of one voice channel'' with a
``data signalling rate'' exceeding 28,800 bit/s;
c.2. ``Communication channel controllers'' with a digital output
having a ``data signalling rate'' exceeding 2.1 Mbit/s per channel; or
c.3.``Network access controllers'' and their related common medium
having a ``digital transfer rate'' exceeding 156 Mbit/s;
Note: If any uncontrolled equipment contains a ``network access
controller'', it cannot have any type of telecommunications
interface except those described in, but not controlled by, 5A02.c.
d. Employing a ``laser'' and having any of the following
characteristics:
d.1. Having a transmission wavelength exceeding 1,000 nm;
d.2. Employing analog techniques and having a bandwidth exceeding
45 MHz;
d.3. Employing coherent optical transmission or coherent optical
detection techniques (also called optical heterodyne or homodyne
techniques);
d.4. Employing wavelength division multiplexing techniques; or
d.5. Performing ``optical amplification'';
e. Being radio equipment operating at input or output frequencies
exceeding:
e.1. 31 GHz for satellite-earth station applications; or
e.2. 26.5 GHz for other applications;
Note: 5A02.e.2 does not control equipment for civil use when
conforming with an ITU allocated band between 26.5 GHz and 31 GHz.
f. Being radio equipment:
f.1. Employing quadrature-amplitude-modulation (QAM) techniques
above level 4 if the ``total digital transfer rate'' exceeds 8.5 Mbit/
s;
f.2. Employing quadrature-amplitude-modulation (QAM) techniques
above level 16 if the ``total digital transfer rate'' is equal to or
less than 8.5 Mbit/s; or
f.3. Employing other digital modulation techniques and having a
``spectral efficiency'' greater than 3 bit/sec/Hz;
Note 1: 5A02.f does not control equipment specially designed to
be integrated and operated in any satellite system for civil use.
Note 2: 5A02.f does not control radio relay equipment for
operation in an ITU allocated band:
a.1. Not exceeding 960 MHz; or
2. With a ``total digital transfer rate'' not exceeding 8.5
Mbit/s; and
b. Having a ``spectral efficiency'' not exceeding 4 bit/sec/Hz.
g. Being radio equipment operating in the 1.5 to 87.5 MHz band and
having either of the following characteristics: g.1. a. Automatically
predicting and selecting frequencies and ``total digital transfer
rates'' per channel to optimize the transmission; and
g.1.b. Incorporating a linear power amplifier configuration having
a capability to support multiple signals simultaneously at an output
power of 1 kW or more in the 1.5 to 30 MHz frequency range or 250 W or
more in the 30 to 87.5 MHz frequency range, over an ``instantaneous
bandwidth'' of one octave or more and with an output harmonic and
distortion content of better than -80 dB; or
g.2. Incorporating adaptive techniques providing more than 15 dB
suppression of an interfering signal;
h. Being radio equipment employing ``spread spectrum'' or
``frequency agility'' (frequency hopping) techniques having any of the
following characteristics:
h.1. User programmable spreading codes; or
h.2. A total transmitted bandwidth that is 100 or more times the
bandwidth of any one information channel and in excess of 50 kHz;
i. Being digitally controlled radio receivers having more than
1,000 channels, which:
i.1. Search or scan automatically a part of the electromagnetic
spectrum;
i.2. Identify the received signals or the type of transmitter; and
i.3. Have a ``frequency switching time'' of less than 1 ms;
j. Providing functions of digital ``signal processing'' as follows:
j.1. Voice coding at rates of less than 2,400 bit/s;
j.2. Employing circuitry that incorporates ``user-accessible
programmability'' of digital ``signal processing'' circuits exceeding
the limits of 4A03.b;
k. Being underwater communications systems having any of the
following characteristics:
k.1. An acoustic carrier frequency outside the range of 20 to 60
kHz;
k.2. Using an electromagnetic carrier frequency below 30 kHz; or
k.3.Using electronic beam steering techniques.
50. In Category 5 (Telecommunications and ``Information
Security''), Subcategory I ``Telecommunications'', ECCNs 5D01A, 5D02A,
5E01A, and 5E02A are revised and ECCN 5D03A is amended by revising the
Requirements to read as follows:
5D01A ``Software'' specially designed or modified for the
``development'', ``production'' or ``use'' of equipment or materials
controlled by the telecommunications entries 5A01, 5A02, 5A03, 5A04,
5A05, 5A06, 5B01, 5B02, or 5C01.
Requirements
Validated License Required: QSTVWYZ
Unit: $ value
Reason For Control: NS, MT (see Note)
GTDR: Yes, except MT (see Note)
GTDU: No
Note: MT controls apply to ``software: designed or modified for
the ``development'', ``production'' or ``use'' of items controlled
by 5A01.
5D02A ``Software'' specially designed or modified to support
``technology'' controlled by telecommunications entries 5E01 or 5E02.
Requirements
Validated License Required: QSTVWYZ
Unit: $ value
Reason For Control: NS, MT (see Note)
GTDR: Yes, except MT (see Note)
GTDU: No
Note: MT controls apply to ``software'' designed or modified to
support ``technology'' for the ``development'', ``production'' or
``use'' of items controlled by 5A01.
5D03A Specific ``software'' as follows.
Requirements
Validated License Required: QSTVWYZ
Unit: $ value
Reason For Control: NS, MT (see Note)
GTDR: Yes, except MT (see Note)
GTDU: No
Note: MT controls apply to ``software'' listed below as
applicable to the ``development'', ``production'' or ``use'' of
equipment controlled by 5A01.
List of Items Controlled
* * * * *
5E01A Technology according to the General Technology Note for the
``development'', ``production'' or ``use'' (excluding operation) of
equipment, systems, materials or ``software'' controlled by the
telecommunications entries in 5A, 5B, 5C, or 5D.
Requirements
Validated License Required: QSTVWYZ
Reason For Control: NS, MT (see Note)
GTDR: Yes, except MT, Iran and Syria
GTDU: No
Note: MT controls apply to technology for the ``development'',
``production'' or ``use'' of equipment controlled by 5A01 or related
``software'' controlled by 5D01, 5D02 or 5D03.
5E02A Specific technologies as described in this entry.
Requirements
Validated License Required: QSTVWYZ
Reason For Control: NS
GTDR: Yes, except Iran and Syria
GTDU: No
List of Items Controlled
a. ``Required'' technology for the ``development'' or
``production'' of telecommunications equipment specially designed to be
used on board satellites;
b. Technology for the ``development'' or ``use'' of laser
communication techniques with the capability of automatically acquiring
and tracking signals and maintaining communications through
exoatmosphere or sub-surface (water) media;
c. Technology for processing and application of coatings to optical
fiber specially designed to make it suitable for underwater use;
d. Technology for ``development'' or ``production'' of equipment
employing ``Synchronous Digital Hierarchy'' (SDH) or ``Synchronous
Optical Network'' (SONET) techniques;
e. Technology for the ``development'' or ``production'' of ``switch
fabric'' exceeding 64,000 bits per second per information channel other
than for digital cross connect integrated in the switch;
f. Technology for the ``development'' or ``production'' of
centralized network control;
g. Technology for the ``development'' or ``production'' of digital
cellular radio systems;
h. Technology for the ``development'' or ``production'' of
``Integrated Services Digital Network'' (ISDN);
i. Technology for the ``development'' of QAM techniques, for radio
equipment, above level 4.
51. In Category 5 (Telecommunications and ``Information
Security''), Subcategory I ``Telecommunications'', under the heading
``Notes for Telecommunications'', Advisory Note 1 is removed and
reserved, and Advisory Notes 8, 11, 12, 13, 14, 15, 16, 17, and 19 are
revised, and new Advisory Notes 23 through 27 are added to read as
follows:
Notes for Telecommunications
Advisory Note 1: [Reserved]
* * * * *
Advisory Note 8: Licenses are likely to be approved, as
administrative exceptions, for exports to satisfactory end-users in
the People's Republic of China of test and inspection equipment and
specially designed components and accessories therefor controlled by
5B01A or 5B02A and ``software'' and technology for such equipment,
components and accessories, for the repair of telecommunications
equipment, provided that:
a. Such equipment, components, accessories, ``software'' and
technology:
1. Are specially designed for repair;
2. Are to be used to repair controlled equipment authorized for
export or equipment that is not controlled for national security
reasons;
3. Are shipped in reasonable quantities necessary for the types
and quantities of exported equipment being serviced;
4. Do not provide local production facilities;
5. Do not provide for testing of individual electronic
components; and
6. Do not include ``software'' in ``source code'' controlled by
5D03.a;
b. The repair does not upgrade the equipment or ``software'';
c. All the records of repair activity are kept by a
representative of the Western supplier; and
d. The information to accompany each license application shall
include:
1. A complete list of equipment to be provided; and
2. A clear identification of the users and their activities.
N.B.: Nothing in this Advisory Note 8 shall be construed as
overriding controls in other ECCNs contained in the Commerce Control
List.
* * * * *
Advisory Note 11: Licenses are likely to be approved, as
administrative exceptions, for exports to satisfactory end-users in
Albania, Bulgaria, the People's Republic of China, Mongolia,
Romania, or Vietnam of telecommunications equipment for optical
fibers controlled by 5A02.d.1, provided that the transmission
wavelength does not exceed 1,370 nm.
Advisory Note 12: Licenses are likely to be approved, as
administrative exceptions, for exports to satisfactory end-users in
Albania, Bulgaria, the People's Republic of China, Mongolia,
Romania, or Vietnam of cables or fibers controlled by 5A05, provided
that:
a. Quantities are normal for the envisaged end-use; and
b. They are for a specified civil end-use.
Advisory Note 13: Licenses are likely to be approved, as
administrative exceptions, for exports to satisfactory end-users in
Albania, Bulgaria, the People's Republic of China, Mongolia,
Romania, or Vietnam of optical fiber test equipment controlled by
5B01.c using a transmission wavelength not exceeding 1,370 nm.
Advisory Note 14: Licenses are likely to be approved, as
administrative exceptions, for exports to satisfactory end-users in
Country Groups QWY and the People's Republic of China of digital
radio equipment or systems controlled by 5A02.a or f, provided that:
a. The equipment or system is intended for general commercial
international traffic in an international civil telecommunication
system, one end of which is in a COCOM member country;
b. It is to be installed in a permanent circuit under the
supervision of the licensee;
c. No means are to be provided for the transmission of traffic
between points in a single proscribed country other than a country
in Country Group Q or W;
d. The ``digital transfer rate'' at the highest multiplex level
does not exceed 156 Mbit/s;
e. The equipment does not employ either of the following:
1. Quadrature Amplitude Modulation (QAM) techniques above level
64; or
2. Other digital modulation techniques with a ``spectral
efficiency'' exceeding 6 bit/s/Hz;
f. The equipment is not controlled by 5A02.e or .h or by the
``information security'' entries in Category 5;
g. Spare parts shall remain under the control of the licensee or
the licensee's designated representative;
Note: The supervision of the spare parts by the licensee may be
effected by stock inventory procedures and does not require the
permanent on-site presence of a representative of the licensee.
h. The licensee or the licensee's designated representative, who
shall be from a non-proscribed country, shall have the right of
access to all the equipment;
i. There will be no transfer of technology controlled for
national security reasons;
j. Supervision of systems installation, operation and
maintenance shall be performed by the licensee or the licensee's
designated representative, who shall be from a non-proscribed
country, using only personnel from non-proscribed countries;
N.B. 1: Supervision of maintenance includes preventive
maintenance at periodic intervals and intervention for major
malfunctions.
N.B. 2: This does not mean that only nationals from the
exporting country should install the system.
k. Upon request, the licensee shall carry out an inspection to
establish that:
1. The system is being used for the intended civil purpose; and
2. All the equipment exported under the provisions of this
Advisory Note is being used for the stated purpose and is still
located at the installation sites. The licensee shall report the
findings from the inspection to the Office of Export Licensing
within one month after completing the inspection.
Advisory Note 15: Licenses will receive favorable consideration
for exports to satisfactory end-users in Bulgaria or Romania of
technology controlled by the telecommunications entries in Category
5, and of instrumentation, test equipment, components and specially
designed ``software'' therefor, and materials and components
controlled by the telecommunications entries in Category 5 or by
entries in other Categories on the Commerce Control List, for the
modification or ``production'' of telecommunications equipment or
systems eligible for administrative exceptions treatment under
Advisory Note 1 in the Notes for Telecommunications (Category 5),
provided that:
N.B.: Technology for general purpose computers is not eligible
for treatment under this Advisory Note, i.e., it remains governed by
Category 4.
a. The characteristics of the telecommunications equipment or
systems are limited to those eligible for administrative exceptions
treatment under Advisory Note 1 in the Notes for Telecommunications
(Category 5);
b. Modification of the telecommunications equipment or systems
is not permitted if any aspect of the design would result in
exceeding the performance thresholds or features of Advisory Note 1
in the Notes for Telecommunications (Category 5);
c. Testing of large scale integrated (LSI) circuits or those
with higher component densities is limited to go/no go tests;
N.B.: Advisory Note 15.c does not preclude exports of equipment
or technology that would be possible in accordance with the
provisions of other Categories on the Commerce Control List.
d. The specially designed ``software'' is that necessary to use
the transferred technology, instrumentation and test equipment;
e. All ``software'' shall be exported in machine executable form
only;
f. ``Development'' technology is not included;
g. The contract includes explicit conditions to ensure that:
1. The ``production'' technology or ``production'' equipment is
not exported or reexported, either directly or indirectly, to
another proscribed destination;
2. The supplier or licensor may appoint a representative who is
entitled to verify that the ``production'' technology and
``production'' equipment or systems serve their intended use;
3. Any modification of the capabilities or functions of the
produced equipment must be approved by the supplier or licensor;
4. The supplier's or licensor's personnel have right of access
to all the facilities directly involved in the ``production'' of the
telecommunications equipment or systems;
5. The ``production'' technology, ``production'' equipment and
produced equipment or systems will be for civil end-use only and not
for reexport to proscribed destinations other than Bulgaria or
Romania;
h. System integration testing will be performed by the supplier
or licensor, if it requires test tools that would provide the
licensee with the capability to recover source code or upgrade the
system beyond the performance thresholds or features of Advisory
Note 1 in the Notes for Telecommunications (Category 5);
i. End-use reporting of the installed telecommunication
equipment or systems will be provided in accordance with the
provisions of Advisory Note 1 in the Notes for Telecommunications
(Category 5).
N.B. 1: No export under the favorable consideration provisions
of this Advisory Note shall establish a precedent for the approval
of exports under entries in other Categories on the Commerce Control
List.
N.B. 2: For each license application for export pursuant to this
Advisory Note, the exporter must submit the following assurances to
be obtained from the importer:
a. An Import Certificate issued by the importer's national
authorities;
b. An assurance that the importer will make available
information as requested by the Department of Commerce; and
c. An assurance that the importer will allow on-site inspection
if requested by the Department of Commerce.
Advisory Note 16: Licenses will receive favorable consideration
for the export to satisfactory end-users in Albania, Bulgaria,
Mongolia, Romania, or Vietnam of radio relay communications
equipment, specially designed components and accessories, specially
designed test equipment, ``software'' and technology for the ``use''
of equipment or materials therefor, controlled by the
telecommunications entries in this Category, provided that:
a. It is for fixed installation and civil application;
b. It is designed for operation at a total ``digital transfer
rate'' not exceeding 156 Mbit/s;
c. The equipment does not employ either of the following:
1. Quadrature Amplitude Modulation (QAM) techniques above 64
QAM; or
2. Other digital modulation techniques with a ``spectral
efficiency'' exceeding 6.3 bit/s/Hz;
d. It operates at fixed frequencies not exceeding 9 GHz;
e. A license application for export under the provisions of this
Advisory Note provides the following information:
1. The equipment or system to be provided;
2. The intended application; and
3. The location of the equipment.
Advisory Note 17: Licenses will receive favorable consideration
for the export to satisfactory end-users in Country Groups QWY and
the People's Republic of China of optical fiber cables and optical
fiber transmission equipment or systems controlled by 5A02 or 5A05,
provided that:
a. The equipment or systems are intended for general commercial
international traffic in an international civil submarine optical
fiber telecommunication system linking the importing country with a
non-proscribed country;
b. It is to be installed in a permanent circuit under the
supervision of the licensee;
c. No means are to be provided for the transmission of traffic
between points in one or more proscribed countries other than
Bulgaria or Romania;
d. The total length of optical fiber cable to be installed
within the proscribed country, excluding cable in territorial
waters, does not exceed 10 km or the shortest distance that is
practical for installation;
e. The ``digital transfer rate'' at the highest multiplex level
does not exceed 565 Mbit/s;
f. The ``laser'' transmission wavelength does not exceed 1,550
nm;
g. The equipment is not controlled by 5A02.d.2 to d.5 or by the
``information security'' entries in Category 5;
h. Controlled spare parts shall remain under the supervision of
the licensee or the licensee's designated representative, who shall
be from a non-proscribed country;
Note: The supervision of spare parts by the licensee may be
effected by stock inventory procedures and does not require the
permanent on-site presence of a representative of the licensee.
i. The licensee or the licensee's designated representative, who
shall be from a non-proscribed country, shall have the right of
access to all the equipment;
j. There will be no transfer of controlled technology;
k. Supervision of systems installation and of maintenance shall
be performed by the licensee or the licensee's designated
representative, who shall be from a non-proscribed country, using
only personnel from non-proscribed countries; and
N.B. 1: Supervision of maintenance includes preventive
maintenance at periodic intervals and intervention for major
malfunctions.
N.B. 2: This does not require that only nationals from the
exporting country should install the system.
l. Upon request, the licensee shall carry out an inspection to
establish that:
1. The system is being used for the intended civil purpose;
2. All the equipment exported under the provisions of this
Advisory Note is being used for the stated purpose and is still
located at the installation sites. The licensee shall report the
findings from the inspection to the Office of Export Licensing
within one month after completing the inspection.
* * * * *
Advisory Note 19: Licenses are likely to be approved, as
administrative exceptions, for exports to satisfactory end-users in
Country Groups QWY and the People's Republic of China of fiber optic
telecommunications transmission systems or equipment controlled by
5A02.a and 5A02.d.1, fiber optic cables controlled by 5A05, or
coaxial cable telecommunications transmission systems controlled by
5A02.a, and the test equipment, specially designed components,
accessories, ``software'' and technology, necessary for the ``use''
thereof, provided that:
a. They are intended for international telecommunications links
dedicated to international civil traffic between the following
locations:
1.a. From the following countries: Austria, Belgium, the Czech
Republic, Denmark, Estonia, Finland, France, Germany, Greece,
Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands,
Norway, Poland, Portugal, the Slovak Republic, Spain, Sweden,
Switzerland, Turkey, or the United Kingdom;
b. To the following cities as listed by country: Albania
(Tirana), Armenia (Yerevan), Azerbaijan (Baku), Bulgaria (Sophia,
Varna), Belarus (Minsk), Georgia (Tbilissi), Kazakhstan (Alma-Ata),
Kyrgyzstan (Bishkek), Moldova (Chisinau), Romania (Bucharest,
Constanza), Russia (Moscow, Novorossiisk, Rostov-on-Don, St.
Petersburg, Volgograd), Tajikistan (Dushanbe), Turkmenistan
(Ashgabat), Ukraine (Kiev, Odessa, Sebastopol), Uzbekistan
(Tashkent) or:
2.a. From the following countries: Australia, Canada, Hong Kong,
Japan, New Zealand, South Korea, or the United States;
b. To the following cities as listed by country: People's
Republic of China (Shanghai, Guangzhou), Russia (Khabarovsk,
Nakhodka, Vladivostok, Yuzhno-Sadhalinsk), Vietnam (Hanoi, Ho Chi
Minh City);
N.B.: No traffic shall be carried between points in proscribed
countries, except in Estonia, Latvia, and Lithuania.
b. [Reserved];
c. They are designed to operate at a ``digital transfer rate''
at the highest multiplex level of 623 Mbit/s or less;
d. The ``laser'' transmission wavelength does not exceed 1,590
nm;
e. The equipment, if employing synchronous transmission
techniques, must conform to one of the approved SONET or SDH
standards or recommendations (i.e. ANSI or CCITT);
f. Supervision of systems installation and maintenance of
controlled transmission equipment must be performed by the licensee
or the licensee's designated representative, who must be from a non-
proscribed country. Any portion of the installation of controlled
transmission equipment that would require the transfer of controlled
technology must be performed by the licensee or the licensee's
designated representative using only personnel from non-proscribed
countries;
N.B. 1: Supervision of maintenance includes preventive
maintenance at periodic intervals and intervention for major
malfunctions.
N.B. 2: This is not meant to require that only nationals from
the exporting country should install the system.
g. Controlled test equipment and controlled spare parts must
remain under the supervision of the licensee or the licensee's
designated representative, who shall be from a non-proscribed
country;
N.B.: The supervision of the test equipment and spare parts by
the licensee may be effected by stock inventory procedures and does
not require the permanent on-site presence of a representative of
the licensee.
h. The licensee or the licensee's designated representative, who
shall be from a non-proscribed country, must have the right of
access to all the equipment;
i. Upon request of the government of the exporting country, the
licensee must carry out an inspection to establish that:
1. The system is being used for the intended civil purpose; and
2. All the equipment exported under the provisions of this
Advisory Note is being used for the stated end purpose and is still
located at the installation sites. The licensee shall report the
findings from the inspection to the Office of Export Licensing
within one month after completing the inspection;
j. The license application must include a system plan containing
equipment quantities and approximate locations for the proposed
system. After final installation, unless already provided, the
applicant must provide to the licensing authorities the final
location of the installed equipment to the greatest degree of
precision available and a map of the final cable route.
* * * * *
Advisory Note 23: Licenses are likely to be approved, as
administrative exceptions, for exports to satisfactory end-users in
Country Groups QWY and the People's Republic of China of
``software'' controlled by 5D03.a, and related technology,
``software'' tools and test equipment necessary for the
``development'', ``production'' or ``use'' thereof, provided that:
a. The ``software'', technology, ``software'' tools and test
equipment will be limited to those necessary for problem analysis
and reporting or for local adaptation of the switching equipment
such as for subscriber terminal interface, network interface,
billing, administration or similar adaptations for local civilian
telecommunications requirements, by a civil end-user;
b. No ``software'' or technology ``required'' for the
``development'', ``production'' or ``use'' of functions, features or
equipment controlled by the telecommunications entries in 5A, 5B or
5E of Subcategory I to Category 5 shall be included;
Note: This Advisory Note does not release from control the
``software'' in ``source code'' comprising that ``software'' that
controls the management and execution of programs, commonly referred
to as the operating system.
c. Such ``software'', technology, ``software'' tools or test
equipment do not provide the capability to decompile, disassemble or
perform similar activities to ``software'' in ``object code'' or
similar format and thereby reverse-engineer controlled
characteristics, functions or features;
d. The licensee or the licensee's designated representative, who
shall be from a nonproscribed country, shall have the right of
access to the site of, and computing equipment being used to
perform, such adaptations so as to have access to:
1. The ``software'', technology, ``software'' tools and test
equipment referred to in this Advisory Note; and
2. All ``software'' developed or derived from the ``software''
technology, ``software'' tools and test equipment licensed under
this Advisory Note;
e. Upon request of the Office of Export Licensing, the licensee
must carry out an inspection to establish that:
1. The ``software'', technology, ``software'' tools and test
equipment referred to in this Advisory Note are being used for the
intended civil purpose; and
2. All the ``software'', technology, ``software'' tools and test
equipment exported under the provisions of this Advisory Note are
being used for the stated end purpose and are still located at the
installation sites. The licensee shall report the findings from the
inspection to the Office of Export Licensing within one month after
completing the inspection.
Advisory Note 24: Licenses will receive favorable consideration
for exports to satisfactory end-users in the People's Republic of
China of technology controlled by the telecommunications entries in
Subcategory I of Category 5 and of instrumentation, test equipment,
components and specially designed ``software'' therefor, and
materials and components controlled by national security entries on
the Commerce Control List, for the modification or production of the
telecommunication transmission equipment or systems described in
5A02.a, 5A02.d.1, 5A02.f.1, or 5A02.f.2, provided that:
N.B. 1: Technology for general purpose computers is not eligible
for treatment under this Advisory Note, i.e., it remains controlled
by Category 4.
N.B. 2: No technology is to be included for the ``production''
of:
a. Equipment employing ``SDH'' or ``SONET'' techniques; or
b. ``Lasers'' with transmission wavelengths exceeding 1,000 nm.
a. The characteristics of the telecommunication transmission
equipment or systems are limited to those that release them from
control or make them eligible under the relevant Advisory Notes that
provide administrative exceptions treatment, provided that the
following limits are not exceeded:
1. QAM techniques of level 16;
2. A ``digital transfer rate'' of 140 Mbits/s and a ``total
digital transfer rate'' of 168 Mbits/s;
N.B.: An additional 2 Mbit/s may be added to the ``total digital
transfer rate'' of 168 Mbit/s for operation, maintenance and service
communications.
3. A ``laser'' transmission wavelength of 1,370 nm;
b. Modification of the telecommunications transmission equipment
or systems is not permitted if any aspect of the design would result
in exceeding the performance thresholds or features of the relevant
Advisory Notes that provide administrative exceptions treatment;
c. Testing of large scale integrated (LSI) circuits or those
with higher component densities is limited to go/no go tests;
N.B.: Advisory Note 24.c does not preclude exports of equipment
or technology that would be possible in accordance with the
provisions of other Categories in the Commerce Control List.
d. The specially designed ``software'' is that necessary to use
the transferred technology, instrumentation and test equipment;
e. All ``software'' must be supplied in machine executable form
only except for the specific customer data and site parameters;
f. ``Development'' technology is not included;
g. The contract includes explicit conditions to ensure that:
1. The ``production'' technology or production equipment is not
exported or reexported, either directly or indirectly, to another
proscribed destination;
2. The supplier or licensor may appoint a representative who is
entitled to verify that the ``production'' technology and production
equipment or systems serve their intended use;
3. Any modification of the capabilities or functions of the
equipment produced must be approved by the supplier or licensor;
4. The supplier's or licensor's personnel have right of access
to all the facilities directly involved in the production of the
equipment or systems covered by this Advisory Note;
5. The ``production'' technology, production equipment and
equipment or systems produced do not exceed the characteristics of
the relevant Advisory Notes that provide administrative exceptions
treatment and will be for civil end-use only;
h. System integration testing will be performed by the supplier
or licensor if it requires test tools that provide the licensee with
the capability to recover ``source code'' or upgrade the system
beyond the performance thresholds or features of the relevant
Advisory Notes that provide administrative exceptions treatment;
i. The relevant Advisory Note that provides administrative
exceptions treatment should be indicated on the license application.
N.B.: No export under the favorable consideration provisions of
this Advisory Note shall establish a precedent for the approval of
exports under other Categories in the Commerce Control List.
Advisory Note 25: Licenses are likely to be approved, as
administrative exceptions, for exports to satisfactory end-users in
Country Groups QWY and the People's Republic of China of components,
parts and materials, controlled for national security reasons by
entries on the Commerce Control List, necessary for the production
of telecommunication equipment or systems, provided that:
a. The production equipment and technology for the equipment
concerned has been previously legally exported;
b. The quantity of components, parts and materials exported is
normal for the stated end-use;
c. Authorization under this Advisory Note will cover a program
of supplies up to two calendar years for the production by the same
licensee of equipment authorized under Advisory Note 25.a;
d. No technology or ``software'' ``required'' for
``development'', ``production'' or ``use'' shall be included;
e. The components, parts and materials exported will not be
permitted to exceed the performance threshold or features of the
equipment previously authorized;
f. The contract includes explicit conditions to ensure that:
1. The equipment manufactured with the exported components,
parts and materials is not exported or reexported, either directly
or indirectly, to another proscribed destination;
2. The supplier or licensor may appoint a representative who is
entitled to verify that the ``production'' technology and production
equipment or systems serve their intended use;
3. Any modification of the capabilities or functions of the
equipment produced must be approved by the supplier or licensor;
4. The supplier's or licensor's personnel have right of access
to all the facilities directly involved in the production of the
equipment or systems;
5. The equipment or systems produced will be for civil end-use
only.
Advisory Note 26: [Reserved]
Advisory Note 27: Licenses are likely to be approved, as
administrative exceptions, for exports to Albania, Armenia,
Azerbaijan, Bulgaria, Belarus, Estonia, Georgia, Kazakhstan,
Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, the People's
Republic of China, Romania, Russia, Tajikistan, Turkmenistan,
Ukraine, Uzbekistan, and Vietnam of telecommunications equipment or
systems controlled by 5A02.a through 5A02.g, 5A03, 5A04 or 5A05,
measuring, test or repair equipment controlled by 5B01.c or 5B02,
and specially designed components and accessories, ``software'' and
technology necessary for the ``use'' thereof, provided that:
a. Optical fiber telecommunication transmission equipment or
systems:
1. Are designed to operate at a ``digital transfer rate'' of 623
Mbit/s or less at the highest multiplex level; and
2. Are designed to operate on a ``laser'' transmission
wavelength not exceeding 1,590 nm.
b. Digital radio equipment or systems:
1. Are designed to operate at a ``digital transfer rate'' of 623
Mbit/s or less at the highest multiplex level;
2. Do not employ QAM techniques exceeding level 512 or other
digital modulation techniques having a ``spectral efficiency''
exceeding 9 bit/s/Hz;
c. ``CCS'':
1. Is limited to the associated mode of operation;
2. Signalling and related speech/data channels are limited to
two signalling points and must not be routed via different
transmission media or different routes;
N.B.: A single route consists of one or more consecutive serial
connection links that may use different transmission media.
3. Message Transfer Part (MTP) level 3 signalling routes are
limited to two signalling points;
N.B.: MTP Level 3 is found in Q.704 and related recommendations
of the ITU-T Q series for ``CCS''.
4. For point-to-point inter-city ``CCS'' connectivity between
two signalling points, where permitted by Advisory Note 27.c.1, c.2,
or c.3, the Originating Point Codes (OPC) and Destination Point
Codes (DPC) for all signalling messages over such signalling links
cannot be reinstalled or changed following the vendor's initial
software installation without prior authorization, being available
in object code only; all compilation mechanisms and administrative
tools that allow for modification of the Point Codes are removed
following installation;
d. The equipment or systems are designed and intended to be used
for fixed civil applications directly connected to a civilian
network;
e. The equipment or systems, if employing synchronous
transmission techniques, conform to one of the ANSI or ITU-T
approved standards or recommendations for ``SONET'' or ``SDH'';
f. Measuring, test or repair equipment controlled by 5B01.c or
5B02 and controlled spare parts remain under the supervision of the
licensee or the licensee's designated representative;
g. The licensee or the licensee's designated representative have
the right of access to all the equipment or systems and may carry
out inspections;
h. Upon the request of the Office of Export Licensing, the
licensee must carry out inspections to establish that:
1. All the equipment or systems exported under the provisions of
this Advisory Note are being used for the intended civil purpose;
and
2. Are still located at the installation sites. The licensee
shall report the findings from the inspection to the Office of
Export Licensing within one month after completing the inspection;
i. Supervision of systems installation and maintenance of
controlled transmission equipment is performed by the licensee or
the licensee's designated representative. Any portion of the
installation of controlled transmission equipment that would require
the transfer of controlled technology is performed by the licensee
or the licensee's designated representative;
N.B. 1: Supervision of maintenance includes prevention
maintenance at periodic intervals and intervention for major
malfunctions.
j. License applications to export systems or equipment for
``common channel signalling'' identify the intended system routes
and locations of signalling points.
52. In Category 5 (Telecommunications and ``Information
Security''), Subcategory III (Other Equipment, Materials,
``Software'', and Technology), a new ECCN 5A90F is added immediately
following ECCN 5A80D to read as follows:
5A90A Any type of telecommunications equipment, not controlled by
5A01, specially designed to operate outside the temperature range from
219 K (-54 deg.C) to 397 K (124 deg.C).
Requirements
Validated License Required: SZ, Iran, Syria, South African military
and police
Unit: $ value
Reason for Control: FP
GLV: $0
GCT: No
GFW: No
53. In Category 5 (Telecommunications and ``Information
Security''), Subcategory III (Other Equipment, Materials, ``Software'',
and Technology), ECCN 5A91F is revised to read as follows:
5A91F Transmission equipment, not controlled by 5A02, containing:
Requirements
Validated License Required: SZ, Iran, Syria, South African military
and police
Unit: $ value
Reason For Control: FP
GLV: $0
GCT: No
GFW: No
List of Items Controlled
a. Modems using the ``bandwidth of one voice channel'' with a
``data signalling rate'' exceeding 9,600 bits per second;
b. ``Communication channel controllers'' with a digital output
having a ``data signalling rate'' exceeding 64,000 bit/s per channel;
or
c. ``Network access controller'' and their related common medium
having a ``digital transfer rate'' exceeding 33 Mbit/s.
54. In Category 5 (Telecommunications and ``Information
Security''), Subcategory III (Other Equipment, Materials, ``Software'',
and Technology), a new ECCN 5D90F is added immediately following ECCN
5D20B to read as follows:
5D90F ``Software'' specially designed or modified for the
``development'', ``production'', or ``use'' of equipment controlled by
5A90 or 5A91.
Requirements
Validated License Required: SZ, Iran, Syria, South African military
and police
Unit: $ value
Reason for Control: FP
GLV: $0
GCT: No
GFW: No
55. In Category 5 (Telecommunications and ``Information
Security''), Subcategory III (Other Equipment, Materials, ``Software'',
and Technology), a new ECCN 5E90F is added immediately following ECCN
5E20B to read as follows:
5E90F Technology for the ``development'', ``production'', or ``use''
of equipment controlled by 5A90 or 5A91 or ``software'' controlled by
5D90.
Requirements
Validated License Required: SZ, Iran, Syria, South African military
and police
Unit: $ value
Reason for Control: FP
GLV: $0
GCT: No
GFW: No
56. In Category 6 (Sensors), under the heading ``Notes for Category
6'', Advisory Notes 2.4 and 4.4 are removed and reserved.
57. In Category 7 (Navigation and Avionics), under the heading
``Notes for Category 7'', Advisory Note 2 is removed and reserved.
58. In Category 8 (Marine Technology), under the heading ``Notes
for Category 8'', Advisory Note 3 is removed and reserved.
59. In Category 9 (Propulsion Systems and Transportation
Equipment), under the heading ``Notes for Category 9'', Advisory Note 3
is removed and reserved.
Dated: May 6, 1994.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 94-11467 Filed 5-9-94; 4:55 pm]
BILLING CODE 3510-DT-P
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