Missile Technology Control Regime (MTCR); Revisions to the CCL

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 778 and 799

[Docket No. 940975-4275]

Missile Technology Control Regime (MTCR); Revisions to the CCL

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Export Administration (BXA) is amending the

Export Administration Regulations (EAR) by revising certain entries of

the Commerce Control List (CCL) to conform with changes to the Missile

Technology Control Regime (MTCR) Equipment and Technology Annex. The

MTCR is a multilateral forum; participating countries agree to control

items contained on the Annex in order to limit proliferation of

missiles capable of delivering weapons of mass destruction. Most of

these revisions are based on technical consultations with MCTR

countries held in September 1993, in London, and in December 1993, in

Interlaken. Additionally, this rule makes other corrections and

clarifications needed to make the CCL conform to the Annex. The

revisions to the CCL made by this rule help to ensure that the items

controlled by the United States in meeting its MTCR obligations are

similar to those controlled by other MTCR participating countries.

EFFECTIVE DATE: This rule is effective September 30, 1994.

FOR FURTHER INFORMATION CONTACT: Bruce Webb, Office of Technology and

Policy Analysis, Bureau of Export Administration, Telephone: (202) 482-

3806.

SUPPLEMENTARY INFORMATION:

Background

This rule amends Part 778 to clarify missile technology licensing

policy. Many of the changes to the Commerce Control List (CCL) made by

this rule, directly reflecting changes in the MTCR Annex, consist of

technical refinements that more precisely identify items controlled for

missile technology reasons. The technical refinements in Category 1

either change certain paragraphs or add clarifying notes.

In other cases, the CCL has been brought into line where it had

diverged from the Annex. In Category 3, 3A01.a.1.a replaces 3A01.a.1,

and resulting changes occur in 3D21 and 3E01. As telemetering and

telecontrol equipment (5A20) are the only items in Category 5 on the

Annex, the missile technology designation was removed from the ``Reason

for Control'' paragraph of any other Category 5 entries. The GLV value

limit for 5A20 is now $0. Since 7A27 now specifically controls airborne

passive sensors, the GLV limit for that entry becomes $0. ``Specially

designed components'' have been added to some entries to conform to the

Annex. Finally, typographical errors in the definitions supplement have

been corrected.

Although the Export Administration Act of 1979 (EAA) expired on

August 20, 1994, the President invoked the International Emergency

Economic Powers Act and determined that, to the extent permitted by

law, the provisions of the EAA, as amended, shall be carried out under

Executive Order 12924 of August 19, 1994, so as to continue in full

force and effect and amend, as necessary, the export control system

heretofore maintained by the Export Administration Regulations issued

under the EAA.

Saving Clause

Shipments of items removed from general license authorizations as a

result of this regulatory action that were on dock for loading, on

lighter, laden aboard an exporting carrier, or en route aboard a

carrier to a port of export pursuant to actual orders for export before

September 30, 1994 may be exported under the previous general license

provisions up to and including October 28, 1994. Any such items not

actually exported before midnight October 28, 1994, require a validated

export license in accordance with this regulation.

Rulemaking Requirements

1. This final rule has been determined to be not significant for

purposes of E. O. 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 0694-0005, 0694-0007, 0694-0010 and 0694-0023.

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 effective date, are inapplicable

because this regulation involves a military and 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 Hillary

Hess, 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 778

Exports, Nuclear energy, Reporting and recordkeeping requirements.

15 CFR Part 799

Exports, Reporting and recordkeeping requirements.

Accordingly, Parts 778 and 799 of the Export Administration

Regulations (15 CFR Parts 730-799) are amended as follows:

1. The authority citation for 15 CFR Part 778 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; Pub. L. 102-484, 106 Stat. 2575 (22 U.S.C. 6004);

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. 12730 of September

30, 1990 (55 FR 40373, October 2, 1990), as continued by Notice of

September 25, 1992 (57 FR 44649, September 28, 1992); 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); and

E.O. 12924 of August 19, 1994 (59 FR 43437, August 23, 1994).

2. The authority citation for 15 CFR Part 799 continues 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; Pub. L. 102-484, 106 Stat.

2575 (22 U.S.C. 6004); 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); E.O.

12868 of September 30, 1993 (58 FR 51749, October 4, 1993); E.O.

12918 of May 26, 1994 (59 FR 28205, May 31, 1994); and E.O. 12924 of

August 19, 1994 (59 FR 43437, August 23, 1994).

PART 778--[AMENDED]

3. Section 778.7 is amended by revising paragraphs (a)(1) and

(d)(1) to read as follows:

Sec. 778.7 Equipment and related technical data used in the design,

development, production or use of missiles.

* * * * *

(a) * * *

(1) Items subject to missile delivery systems controls.The items

that require a validated license because they are subject to foreign

policy controls on missile delivery systems are contained within ECCNs

designated by ``MT'' in the Reason for Control paragraph. Exporters

should consult that paragraph in each ECCN to determine the specific

item subject to these foreign policy controls.

* * * * *

(d) Licensing policy. (1) Applications to export the items will be

considered on a case-by-case basis to determine whether the export

would make a material contribution to the proliferation of missiles.

Applications for exports of items controlled for MT by CCL category 7A

or by ECCN 9A21 will be considered more favorably if such exports are

determined to be destined to a manned aircraft, satellite, land vehicle

or marine vessel, in quantities appropriate for replacement parts for

such applications. When an export is deemed to make a material

contribution to the proliferation of missiles, the license will be

denied.

* * * * *

4. In Supplement No. 1 to section 799.1 (the Commerce Control

List), the following entries are revised as set forth below:

A. In Category 1, Materials: ECCNs 1A22B, 1A27B, 1B01A, 1B21B,

1C27B, 1C31B and 1D02A;

B. In Category 2, Materials Processing: ECCN 2B50B;

C. In Category 3, Electronics: ECCNs 3A22B, 3D21B and 3E01A;

D. In Category 4, Computers: 4A21B;

E. In Category 5, Telecommunications and ``Information Security'':

ECCNs 5D01A, 5D02A, 5E01A and 5A20B;

F. In Category 6, Sensors: ECCN 6A29B;

G. In Category 7, Avionics and Navigation: ECCNs 7A04A, 7A23B,

7A27B, and 7D24B; and

H. In Category 9, Propulsion Systems and Transport Equipment: ECCNs

9A21B, 9B26B and 9B27B.

The following entries are amended by revising the requirements

section, as set forth below:

A. In Category 1, Materials, ECCN 1A02A;

B. In Category 3, Electronics: ECCN 3A01A;

C. In Category 5, Telecommunications and ``Information Security'':

ECCNs 5A01A and 5D03A; and

D. In Category 7, Avionics and Navigation: ECCNs 7A01A, 7A03A,

7A21B, and 7A26B.

The following entries are amended by revising the heading and the

requirements section, as set forth below:

In Category 7, Avionics and Navigation: ECCNs 7A06A, 7A24B, 7B03A

and 7B22B.

The revisions and amendments read as follows:

1A02A ``Composite'' structures or laminates.

Requirements

Validated License Required: QSTVWYZ

Unit: Kilograms

Reason for Control: NS, MT (see Note)

GLV: $1,500

GCT: Yes, except MT (see Note)

GFW: No

Note: MT controls apply to composite structures that are

specially designed for ``missile'' applications (including specially

designed subsystems and components).

* * * * *

1A22B Other ``composite'' structures or laminates usable in

``missile'' systems.

Requirements

Validated License Required: QSTVWYZ

Reason for Control: MT

GLV: $1,500

GCT: No

GFW: No

List of Items Controlled

a. Composite structures, laminates and manufactures thereof,

including resin impregnated fiber prepregs and metal coated fiber

preforms, made either with organic matrix or metal matrix utilizing

fibrous or filamentary reinforcements having a specific tensile

strength greater than 7.62 x 10\4\ m (3 x 10\6\ inches) and a specific

modulus greater than 3.18 x 10\6\ m (1.25 x 10\8\ inches);

Note: The only resin impregnated fiber prepregs specified in

1A22.a are those using resins with a glass transition temperature

(Tg), after cure, exceeding 145 deg.C as determined by ASTM

D4065 or national equivalents.

b. Resaturated pyrolized (i.e., carbon-carbon) materials designed

for rocket systems.

1A27B Maraging steels (steels generally characterized by high nickel,

very low carbon content and the use of substitutional elements or

precipitates to produce age-hardening), other than those controlled by

1A47 below, having an Ultimate Tensile Strength of 1.5 x 10\9\ N/m\2\

(Pa) or greater measured at 20 deg. C, in the form of sheet, plate, or

tubing with a wall or plate thickness equal to or less than 5.0 mm (0.2

inch).

Requirements

Validated License Required: QSTVWYZ

Unit: $ Value

Reason for Control: MT

GLV: $0

GCT: No

GFW: No

1B01A Equipment for the production of fibers, prepregs, preforms or

composites controlled by 1A02 or 1C10, as follows, and specially

designed components and accessories therefor:

Requirements

Validated License Required: QSTVWYZ

Unit: $ Value

Reason for Control: NS, MT, NP (see Notes)

GLV: $0 for 1B01.a; $5,000 for all other items

GCT: Yes, except MT and NP (see Notes)

GFW: No

GNSG: No

Notes: 1. MT controls apply to all items described in this

entry, except those in 1B01.d.4.

2. NP controls apply to the following items:

a. Filament winding machines described in 1B01.a that are capable

of winding cylindrical rotors having a diameter between 75 mm (3 in.)

and 400 mm (16 in.) and lengths of 600 mm (24 in.) or greater; and

b. Coordinating and programming controls and precision mandrels for

these filament winding machines.

List of Items Controlled

a. Filament winding machines of which the motions for positioning,

wrapping and winding fibers can be coordinated and programmed in three

or more axes, specially designed for the manufacture of ``composite''

structures or laminates from ``fibrous or filamentary materials'';

b. Tape-laying or tow-placement machines of which the motions for

positioning and laying tape, tows or sheets can be coordinated and

programmed in two or more axes, specially designed for the manufacture

of ``composite'' airframe or ``missile'' structures;

c. Multi-directional, multidimensional weaving machines or

interlacing machines, including adapters and modification kits, for

weaving, interlacing or braiding fibers to manufacture ``composite''

structures, except textile machinery not modified for the above end-

uses;

d. Equipment specially designed or adapted for the production of

``fibrous or filamentary materials'', as follows:

d.1. Equipment for converting polymeric fibers (such as

polyacrylonitrile, rayon, pitch or polycarbosilane) into carbon fibers

or silicon carbide fibers, including special equipment to strain the

fiber during heating;

d.2. Equipment for the chemical vapor deposition of elements or

compounds on heated filamentary substrates to manufacture silicon

carbide fibers;

d.3. Equipment for the wet-spinning of refractory ceramics (such as

aluminum oxide);

d.4. Equipment for converting aluminum containing precursor fibers

into alumina fibers by heat treatment;

e. Equipment for producing prepregs controlled by 1C10.e by the hot

melt method;

f. Non-destructive inspection equipment capable of inspecting

defects three dimensionally, using ultrasonic or X-ray tomography and

specially designed for ``composite'' materials;

Related ECCNs: See 1B21B for MT controls on equipment, not

controlled by 1B01A, for the production of fibers, prepregs, preforms,

or composites. See 1B41B for NP controls on filament winding machines

not controlled by 1B01A.

1B21B Other equipment for the production of fibers, prepregs,

preforms or composites.

Requirements

Validated License Required: QSTVWYZ

Unit: $ Value

Reason for Control: MT

GLV: $0

GCT: No

GFW: No

List of Items Controlled

Equipment for the production of structural composites usable in

``missiles'', as follows:

a. Equipment designed or modified for special fiber surface

treatment or for producing prepregs and preforms, not controlled by

1B01.

b. Filament winding machines, not controlled by 1B01, of which the

motions for positioning, wrapping and winding fibers can be coordinated

and programmed in three or more axes, designed for the manufacture of

``composite'' structures or laminates from ``fibrous or filamentary

materials''.

c. Tape-laying machines, not controlled by 1B01, of which the

motions for positioning and laying tape or sheets can be coordinated

and programmed in two or more axes, designed for the manufacture of

``composite'' airframe or ``missile'' structures.

d. Equipment designed or modified for the production of ``fibrous

or filamentary materials'', not controlled by 1B01, as follows:

d.1. Equipment for converting polymeric fibers (such as

polyacrylonitrile, rayon, or polycarbosilane) including special

equipment to strain the fiber during heating;

d.2. Equipment for the chemical vapor deposition of elements or

compounds on heated filament substrates; and

d.3. Equipment for the wet-spinning of refractory ceramics (such as

aluminum oxide).

Note: Equipment covered by 1B21.a includes but is not limited to

rollers, tension stretchers, coating equipment, cutting equipment,

and clicker dies.

1C27B Other ceramic or graphite materials usable in ``missile''

systems.

Requirements

Validated License Required: QSTVWYZ

Unit: Kilograms

Reason for Control: MT

GLV: $5,000

GCT: No

GFW: No

List of Items Controlled

a. Fine grain recrystallized bulk graphites (with a bulk density of

at least 1.72 g/cc measured at 15 deg. C and having a particle size of

100 x 10-6 m (100 microns) or less), pyrolytic, or fibrous

reinforced graphites usable for rocket nozzles and reentry vehicle nose

tips.

b. Ceramic composite materials not controlled by 1C07 (dielectric

constant less than 6 at frequencies from 100 Hz to 10,000 MHz) for use

in missile radomes, and bulk machinable silicon-carbide reinforced

unfired ceramic usable for nose tips.

1C31B Propellants, constituent chemicals, and polymeric substances

for propellants.

Requirements

Validated License Required: QSTVWYZ

Unit: Kilograms

Reason for Control: MT

GLV: $0

GCT: No

GFW: No

List of Items Controlled

a. Propulsive substances:

a.1 Spherical aluminum powder, as follows:

a.1.a. Spherical aluminum powder with particles of uniform diameter

less than 500 x 10-6 m (500 microns), but greater than 60 x

10-6 m (60 microns), and an aluminum content of 97 percent by

weight or greater;

a.1.b. Spherical aluminum powder with particles of uniform diameter

60 x 10-6 m (60 microns) or less, and an aluminum content of 97

percent by weight or greater, but less than 99 percent;

a.2. Metal fuels containing beryllium, boron, magnesium, zirconium,

or alloys of boron, magnesium, or zirconium, as follows:

a.2.a. Metal fuels in particle sizes less than 500 x 10-6 m

(500 microns), but equal to or greater than 60 x 10-6 m (60

microns), whether spherical, atomized, spheroidal, flaked or ground,

consisting of 97 percent by weight or more of beryllium, boron,

magnesium, zirconium, and alloys of boron, magnesium, or zirconium;

a.2.b. Metal fuels in particle sizes less than 60 x 10-6 m (60

microns), whether spherical, atomized, spheroidal, flaked or ground,

consisting of 97 percent by weight or more, but less than 99 percent,

of beryllium, boron, magnesium, zirconium, and alloys of boron,

magnesium, or zirconium;

a.3. Metal fuels in particle sizes less than 500 x 10-6 m (500

microns), whether spherical, atomized, spheroidal, flaked or ground,

consisting of 97 percent by weight or more of misch metal, zinc, or

alloys of beryllium or alloys of zinc;

a.4. Liquid oxidizers, as follows:

a.4.a. Dinitrogen trioxide;

a.4.b. Nitrogen dioxide/dinitrogen tetroxide;

a.4.c. Dinitrogen pentoxide.

b. Polymeric substances:

b.1. Carboxy-terminated polybutadiene (CTPB);

b.2. Commercial grade Hydroxy-terminated polybutadiene (HTPB);

Note: Military grade (i.e., Hydroxy-terminated polybutadiene

(HTPB) with a hydroxyl functionality greater than or equal to 2.2

but less than or equal to 2.4, a hydroxyl value of less than 0.77

meq/g, and a viscosity at 30 deg.C of less than 47 poise) is

controlled by the Office of Defense Trade Controls, U.S. Department

of State (see Category V of the USML (22 CFR part 121)).

b.3. Polybutadiene-acrylic acid (PBAA);

b.4. Polybutadiene-acrylic acid-acrylonitrile (PBAN).

c. Other propellant additives and agents:

c.1. Burning rate modifiers as follows: Butacene;

c.2. Nitrate esters and nitrato plasticizers as follows:

c.2.a. Triethylene glycol dinitrate (TEGDN);

c.2.b. Trimethylolethane trinitrate (TMETN);

c.2.c. Diethylene glycol dinitrate (DEGDN);

c.3. Stabilizers, as follows: 2-nitrodiphenylamine.

Note: The following materials are controlled by the U.S.

Department of State, Office of Defense Trade Controls (DTC) (see

Category V of the USML):

1. Spherical aluminum powder with particles of uniform diameter 60

x 10-6 m (60 microns) or less and an aluminum content of 99

percent or greater;

2. Metal fuels in particle sizes less than 60 x 10-6 m (60

microns), whether spherical, atomized, spheroidal, flaked or ground,

manufactured from material consisting of 99 percent or more of the

following:

a. Boron;

b. Magnesium;

c. Zirconium;

d. Alloys of boron, magnesium, or zirconium;

e. Beryllium; or

f. Iron powder with average particle size of 3 x 10-6 m (3

microns) or less produced by hydrogen reduction of iron oxide.

N.B.: The metals and alloys listed in paragraphs (1) and (2) of

the above Note are controlled by DTC whether or not encapsulated in

aluminum, beryllium, magnesium, or zirconium.

1D02A ``Software'' for the ``development'' of organic ``matrix'',

metal ``matrix'' or carbon ``matrix'' laminates or ``composites''.

Requirements

Validated License Required: QSTVWYZ

Unit: $ Value

Reason for Control: NS, MT

GTDR: No

GTDU: No

Note: MT controls apply to ``software'' specially designed or

modified for the ``development'' of ``composites'' controlled by 1A,

1B or 1C for Missile Technology reasons.

2B50B Spin-forming and flow-forming machines and precision rotor-

forming mandrels, and specially designed components therefor.

Requirements

Validated License Required: QSTVWYZ

Unit: Number; $ value for parts and accessories

Reason for Control: NP, MT (see Note)

GLV: $0

GCT: No

GFW: No

GNSG: Yes

Note: MT controls apply to items described by 2B50.a, except

those that are not usable in the production of propulsion components

and equipments (e.g., motor cases) for ``missile'' systems.

List of Items Controlled

a. Spin-forming and flow-forming machines, and specially designed

components therefor, that:

a.1. According to the manufacturer's technical specifications, can

be equipped with ``numerical control'' units or a computer control; and

a.2. Have two or more axes that can be coordinated simultaneously

for ``contouring control'';

b. Precision rotor-forming mandrels designed to form cylindrical

rotors of inside diameter between 75 mm (3 in.) and 400 mm (16 in.).

Note: The only spin-forming machines controlled by this ECCN

2B50B are those combining the functions of spin-forming and flow-

forming.

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.a. and 3A01.e.5 (see Notes)

GFW: Yes, except 3A01.a.1.a., 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.

* * * * *

3A22B Accelerators capable of delivering electromagnetic radiation

produced by ``bremsstrahlung'' from accelerated electrons of 2 MeV or

greater and systems containing those accelerators, excluding that

equipment specially designed for medical purposes.

Requirements

Validated License Required: QSTVWYZ

Unit: Number

Reason for Control: MT

GLV: $5,000

GCT: No

GFW: No

3D21B ``Software'' specially designed for the ``development'' or

``production'' of items controlled by 3A01.a.1.a.

Requirements

Validated License Required: QSTVWYZ

Unit: $ Value

Reason for Control: MT

GTDR: No

GTDU: No

3E01A Technology according to the General Technology Note for the

``development'' or ``production'' of equipment or materials controlled

by 3A01, 3A02, 3B01, 3C01, 3C02, 3C03, or 3C04.

Requirements

Validated License Required: QSTVWYZ

Unit: $ Value

Reason for Control: NS and MT (see Notes)

GTDR: Yes, except 3A01.a.1.a. (see Notes)

GTDU: No

Notes: 1. MT controls apply to technology specially designed for

the ``development'' or ``production'' of items described in

3A01.a.1.a.

2. 3E01 does not control technology for the ``development'' or

``production'' of:

a. Microwave transistors operating at frequencies below 31 GHz;

b. Integrated circuits controlled by 3A01.a.3 to a.11, having both

of the following characteristics:

1. Using technology of one micrometer or more, and

2. Not incorporating multi-layer structures.

N.B.: This Note does not preclude the export of multilayer

technology for devices incorporating a maximum of two metal layers

and two polysilicon layers.

4A21B Analog computers, digital computers, or digital differential

analyzers designed or modified for use in ``missiles'' not controlled

by 4A01 and having either of the following characteristics: rated for

continuous operation at temperatures from below -45 deg. C to above

+55 deg. C; or designed as ruggedized or ``radiation hardened''.

Requirements

Validated License Required: QSTVWYZ

Unit: Number

Reason For Control: MT

GLV: $0

GCT: No

GFW: No

5A01A Any type of telecommunications equipment having any of the

following characteristics, functions or features:

Requirements

Validated License Required: QSTVWYZ

Unit: Equipment in Number, Parts and Accessories in $ Value

Reason For Control: NS

GLV: $0

GCT: No

GFW: No

* * * * *

5D01A ``Software'' specially designed or modified for the

``development'', ``production'' or ``use'' of equipment or materials

controlled by telecommunications entries 5A01, 5A02, 5A03, 5A04, 5A05,

5A06, 5B01, 5B02, or 5C01.

Requirements

Validated License Required: QSTVWYZ

Unit: $ Value

Reason For Control: NS

GTDR: Yes

GTDU: No

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

GTDR: Yes

GTDU: No

5D03A Specific ``software'' as described in this entry.

Requirements

Validated License Required: QSTVWYZ

Unit: $ Value

Reason For Control: NS

GTDR: Yes

GTDU: No

* * * * *

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

GTDR: Yes

GTDU: No

5A20B Telemetering and telecontrol equipment usable as launch support

equipment for unmanned air vehicles or rocket systems.

Requirements

Validated License Required: QSTVWYZ

Unit: Equipment in Number

Reason For Control: MT

GLV: $0

GCT: No

GFW: No

6A29B Precision tracking systems.

Requirements

Validated License Required: QSTVWYZ

Unit: $ Value

Reason for Control: MT

GLV: $5,000

GCT: No

GFW: No

List of Items Controlled

a. Tracking systems that use a code translator installed on the

rocket or unmanned air vehicle in conjunction with either surface or

airborne references or navigation satellite systems to provide real-

time measurements of in-flight position and velocity;

b. Range instrumentation radars including associated optical/

infrared trackers with the following capabilities:

b.1. Angular resolution better than 0.5 milliradians RMS;

b.2. A range of 30 km or greater, with a range resolution better

than 10 meters RMS; and

b.3. Velocity resolution better than 3 meters per second.

7A01A Accelerometers designed for use in inertial navigation or

guidance systems and having any of the following characteristics, and

specially designed components therefor.

Requirements

Validated License Required: QSTVWYZ

Unit: $ Value

Reason for Control: NS, MT (see Note)

GLV: $5,000

GCT: No

GFW: No

Note: MT controls do not apply to accelerometers that are

specially designed and developed as MWD (Measurement While Drilling)

Sensors for use in downhole well service applications.

* * * * *

7A03A Inertial navigation systems and inertial equipment for

``aircraft'', and specially designed components therefor.

Requirements

Validated License Required: QSTVWYZ

Unit: $ Value

Reason for Control: NS, MT (see Note)

GLV: $5,000

GCT: No

GFW: No

Note: Inertial navigation systems and inertial equipment, and

specially designed components therefor specifically designed,

modified or configured for military use are controlled by the Office

of Defense Trade Controls, U.S. Department of State (see the

Munitions List, Category VIII).

* * * * *

7A04A Gyro-astro compasses, and other devices that derive position or

orientation by means of automatically tracking celestial bodies or

satellites, with an azimuth accuracy of equal to or less (better) than

5 seconds of arc; and specially designed components therefor.

Requirements

Validated License Required: QSTVWYZ

Unit: $ Value

Reason for Control: NS, MT

GLV: $5,000

GCT: No

GFW: No

Related ECCNs: See 7A24B for MT controls on gyro-astro compasses

not controlled by 7A04A.

7A06A Airborne altimeters operating at frequencies other than 4.2 to

4.4 GHz inclusive, and specially designed components therefor, having

either of the following characteristics:

Requirements

Validated License Required: QSTVWYZ

Unit: $ Value

Reason for Control: NS, MT

GLV: $5,000

GCT: No

GFW: No

* * * * *

7A21B Accelerometers, designed for use in inertial navigation systems

or in guidance systems of all types, having the characteristics of

either 7A21.a or 7A21.b; and specially designed components therefor.

Requirements

Validated License Required: QSTVWYZ

Unit: $ Value

Reason for Control: MT (see Note)

GLV: $5,000

GCT: No

GFW: No

Note: MT controls do not apply to accelerometers that are

specially designed and developed as MWD (Measurement While Drilling)

Sensors for use in downhole well service applications.

* * * * *

7A23B Inertial or other equipment using accelerometers or gyros

described in 7A21B or 7A22B, and systems incorporating such equipment;

and specially designed components therefor.

Requirements

Validated License Required: QSTVWYZ

Unit: $ Value

Reason for Control: MT (see Note)

GLV: $5,000

GCT: No

GFW: No

Note: Inertial navigation systems and inertial equipment, and

specially designed components therefor, specifically designed,

modified or configured for military use are controlled by the Office

of Defense Trade Controls, U.S. Department of State (see the

Munitions List, Category VIII).

7A24B Other gyro-astro compasses and other devices, and specially

designed components therefor.

Requirements

Validated License Required: QSTVWYZ

Unit: $ Value

Reason for Control: MT

GLV: $5,000

GCT: No

GFW: No

* * * * *

7A26B Avionics equipment and components usable in ``missile'' systems.

Requirements

Validated License Required: QSTVWYZ

Unit: $ Value

Reason for Control: MT

GLV: $5,000

GCT: No

GFW: No

* * * * *

7A27B Airborne passive sensors for determining bearing to specific

electromagnetic sources (direction finding equipment) or terrain

characteristics.

Requirements

Validated License Required: QSTVWYZ

Unit: $ Value

Reason for Control: MT

GLV: $0

GCT: No

GFW: No

7B03A Equipment specially designed for the production of equipment

controlled by 7A for national security reasons, and specially designed

components therefor, including:

Requirements

Validated License Required: QSTVWYZ

Unit: $ Value

Reason for Control: NS, MT

GLV: $3,000

GCT: No

GFW: No

* * * * *

7B22B Reflectometers and specially designed test, calibration, and

alignment equipment and ``production equipment'', and specially

designed components therefor, for the production of items controlled by

7A and 7B for national security or missile technology reasons and

specially designed components therefor.

Requirements

Validated License Required: QSTVWYZ

Unit: $ Value

Reason for Control: MT

GLV: $3,000

GCT: No

GFW: No

* * * * *

7D24B Software ``specially designed'' for the ``development,''

``production,'' or ``use'' of commodities controlled by 7A21B, 7A22B,

7A23B, 7A24B, 7A25B, 7A26B, 7A27B, 7B01A, 7B02A, 7B03A, and 7B22B for

missile technology reasons.

Requirements

Validated License Required: QSTVWYZ

Unit: $ Value

Reason for Control: MT

GTDR: No

GTDU: No

Note: Software for inertial navigation systems and inertial

equipment, and specially designed components therefor, not certified

for use on ``civil aircraft'' by civil aviation authorities of a

COCOM country is controlled by the Office of Defense Trade Controls,

U.S. Department of State (see the Munitions List, Category VIII).

9A21B Gas turbine aero engines not controlled by 9A01, uncertified or

certified, having both a maximum thrust value greater than 1000N

(achieved un-installed), excluding civil certified engines with a

maximum thrust value greater than 8,890N (achieved un-installed), and

specific fuel consumption of 0.13kg/N/hr or less (at sea level static

and standard conditions).

Note: Engines designed or modified for ``missiles'' (except

engines for non-military unmanned air vehicles [UAV's] or remotely

piloted vehicles [RPV's]), regardless of thrust or specific fuel

consumption, are controlled by the Office of Defense Trade Controls,

U.S. Department of State.

Requirements

Validated License Required: QSTVWYZ

Unit: Number for engines, $ Value for parts and accessories.

Reason for Control: MT

GLV: $5,000

GCT: No

GFW: No

9B26B Other vibration test equipment, as follows:

Requirements

Validated License Required: QSTVWYZ

Unit: $ Value

Reason for Control: MT

GLV: $3,000

GCT: No

GFW: No

List of Items Controlled

a. Vibration test systems and components therefor, as follows:

a.1. Vibration test systems employing feedback or closed loop

techniques and incorporating a digital controller, capable of vibrating

a system at 10 g RMS or more over the entire range 20 Hz to 2,000 Hz

and imparting forces of 50 kN (11,250 lbs.), measured ``bare table'',

or greater;

a.2. Digital controllers, combined with specially designed

vibration test software, with a real-time bandwidth greater than 5 kHz

and designed for use with vibration test systems described in 9B26.a.1;

a.3. Vibration thrusters (shaker units), with or without associated

amplifiers, capable of imparting a force of 50 kN (11,250 lbs.),

measured ``bare table'', or greater, and usable in vibration test

systems described in 9B26.a.1;

a.4. Test piece support structures and electronic units designed to

combine multiple shaker units into a complete shaker system capable of

providing an effective combined force of 50 kN, measured ``bare

table'', or greater, and usable in vibration test systems described in

9B26a.1.

Note: The term ``digital control'' refers to equipment, the

functions of which are, partly or entirely, automatically controlled

by stored and digitally coded electrical signals.

b. Environmental chambers and anechoic chambers

b.1. Environmental chambers and anechoic chambers capable of

simulating the following flight conditions:

b.1.a. Altitude of 15,000 meters or greater; or

b.1.b. Temperature of at least minus 50 degrees C to plus 125

degrees C; and either

b.1.c. Vibration environments of 10 g RMS or greater between 20 Hz

and 2,000 Hz imparting forces of 5 kN or greater, for environmental

chambers; or

b.1.d. Acoustic environments at an overall sound pressure level of

140 dB or greater (referenced to 2 x 10-5 N per square meter) or

with a rated power output of 4 kilowatts or greater, for anechoic

chambers.

9B27B Test benches or stands that have the capacity to handle solid or

liquid propellant rockets or rocket motors of more than 90 KN (20,000

lbs.) of thrust, or that are capable of simultaneously measuring the

three axial thrust components.

Requirements

Validated License Required: QSTVWYZ

Unit: $ Value

Reason for Control: MT

GLV: $5,000

GCT: No

GFW: No

5. In Supplement No. 3 to Section 799.1 (the Commerce Control

List), the definition of ``missiles'' is amended by revising ``30

kilometers'' to read ``300 kilometers.''

6. In Supplement No. 3 to Section 799.1 (the Commerce Control

List), the definition of ``principle element'' is revised to read as

follows:

Supplement No. 3 to Sec. 799.1

DEFINITIONS

* * * * *

Principal element (Cat 4)--An element is a ``principal element''

when its replacement value is more than 35% of the total value of

the system of which it is an element. Element value is the price

paid for the element by the manufacturer of the system, or by the

system integrator. Total value is the normal international selling

price to unrelated parties at the point of manufacture or

consolidation of shipment.

* * * * *

Dated: September 27, 1994.

Sue E. Eckert,

Assistant Secretary for Export Administration.

[FR Doc. 94-24242 Filed 9-28-94; 11:07 am]

BILLING CODE 3510-DT-P