# Foreign Availability Determination for Certain Telecommunications Transmission Equipment Controlled by ECCN 5A02A(a) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-913 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** January 13, 1994 ## Text DEPARTMENT OF COMMERCE Bureau of Export Administration [Docket No. 940107-4007] Foreign Availability Determination for Certain Telecommunications Transmission Equipment Controlled by ECCN 5A02A(a) AGENCY: Bureau of Export Administration, Commerce. ACTION: Notice of positive determination. ----------------------------------------------------------------------- SUMMARY: Under section 5(f) of the Export Administration Act (EAA) and part 791 of the Export Administration Regulations (EAR), the Department of Commerce determined on January 10, 1994, that foreign availability exists within the meaning of the EAA and the EAR for certain telecommunications transmission equipment to all COCOM-controlled destinations. The United States Government controls this equipment under ECCN 5A02A(a) of the Commerce Control List (CCL) (15 CFR 799.1, Supplement 1) of the EAR. On October 6, 1993, the United States removed the national security-based validated export license requirements for exports of this telecommunications transmission equipment to most non-controlled countries by making this equipment eligible for export under General License GFW (58 FR 52179). The October rule revised ECCN 5A02A and other entries on the Commerce Control List to conform to changes in the International Industrial List maintained by governments participating in COCOM (the Coordinating Committee for Multilateral Export Controls). However, a validated export license continues to be required to the following non-controlled destinations: Iran, Syria, Country Group S, and the South African military and police. A validated export license also continues to be required for exports of this equipment to all controlled destinations: Country Groups Q, W, Y, and Z, and the People's Republic of China. The January 10, 1994, determination is limited to certain telecommunications transmission equipment operating according to the synchronous digital hierarchy (SDH) at digital transfer rates up to 623 million bits per second (mbps), and does not include the design, development, and production technology for SDH equipment that United States controls under ECCN 5E02A. The January 10, 1994, determination does not result in the immediate removal of validated licensing requirements for this equipment to controlled destinations. As provided for by the Export Administration Act, the United States will enter into negotiations with its allies so as to preserve our shared security interests with respect to this equipment and to reach agreement as to what future export restrictions may be necessary to preserve those interests. Consistent with the provisions of section 5 of the EAA and part 791 of the EAR, the Commerce Department will take appropriate action by May 9, 1994, to remove national security-based validated license requirements for exports of this telecommunications transmission equipment to most controlled destinations. FOR FURTHER INFORMATION CONTACT: For questions concerning the October 6, 1993 regulation change (58 FR 52179), contact Dale Jensen, Office of Technology and Policy Analysis, Telephone: (202) 482-0730. For questions concerning the foreign availability assessment, contact Michael Andrews, Foreign Industrial Analyst, Office of Foreign Availability, Bureau of Export Administration, Department of Commerce, Telephone: (202) 482-0074. SUPPLEMENTARY INFORMATION: Background Section 5(f)(3) of the EAA and part 791 of the EAR set forth the procedures and criteria for determining the foreign availability of items controlled for national security reasons. The Secretary of Commerce, or the Secretary's designee, is authorized to determine whether foreign availability exists. With limited exceptions, the Department of Commerce may not maintain national security controls on exports of an item to countries when the Department determines that items of comparable quality are available, in fact, to such countries from foreign sources in quantities sufficient to render the controls ineffective in achieving their purpose. On August 9, 1993, the Office of Foreign Availability (OFA) initiated a foreign availability assessment of certain telecommunications transmission equipment controlled by ECCN 5A02A in response to a claim filed pursuant to section 791 of the EAR. The Department published a notice of the initiation of the assessment in the Federal Register on September 2, 1993. (58 FR 46625). On December 9, 1993, the Assistant Secretary, having considered the assessment and other relevant information provided by OFA and other concerned agencies, made a preliminary determination that foreign availability exists to controlled countries, within the meaning of section 5(f) of the EAA and part 791 of the EAR, for certain SDH telecommunications transmission equipment operating at digital transfer rates up to 623 mbps. Consistent with the EAA, the Department provided all interested agencies an opportunity to review and comment on the assessment and determination during a one month period. On January 10, 1994, the Assistant Secretary made a final determination that foreign availability exists for certain telecommunications transmission equipment to COCOM-controlled destinations. As a result of an October 6, 1993, regulatory action (58 FR 52179), exports of the above telecommunications transmission equipment no longer require a validated license for national security reasons to most destinations in Country Group T or V. Subject to the restrictions in Sec. 771.2(c), U.S. exporters of this telecommunications transmission equipment may export it under General License GFW to most destinations in Country Groups T and V. General license GFW is not available for exports to Iran, Syria, the People's Republic of China or the South African military or police; and the United States continues to require a validated license for exports of all telecommunications transmission equipment controlled by ECCN 5A02A to these destinations. Exporters should also be aware that the Department of the Treasury's Office of Foreign Assets Control maintains an embargo on other destinations, such as Iraq, Haiti, and the Federal Republic of Yugoslavia (Serbia and Montenegro). A validated license requirement also continues to apply to exports of all telecommunications transmission equipment controlled by 5A02A to all destinations in Country Groups Q, S, W, Y, and Z, and the People's Republic of China. Foreign policy-based validated license requirements remain in effect for exports to Iran or Syria of all equipment controlled by 5A02A. All other foreign policy-based validated license requirements also remain in effect. This determination is limited to certain SDH telecommunications transmission equipment operating at digital transfer rates up to 623 million bits per second (mbps), and does not include the design, development, and production technology for SDH equipment that United States controls under ECCN 5E02A. As mentioned above, the January 10, 1994, determination does not result in the immediate removal of validated licensing requirements for this equipment to controlled destinations. As provided for by the Export Administration Act, the United States will enter into negotiations with its allies so as to preserve our shared security interests with respect to this equipment and to reach agreement as to what future export restrictions may be necessary to preserve those interests. Consistent with the provisions of section 5 of the EAA and part 791 of the EAR, the Commerce Department will take appropriate action by May 9, 1994, to remove national security-based validated license requirements for exports of this telecommunications transmission equipment to most controlled destinations. Dated: January 10, 1994. Sue E. Eckert, Assistant Secretary for Export Administration. [FR Doc. 94-913 Filed 1-10-94; 4:55 pm] BILLING CODE 3510-DT-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-913. Public record. Not legal advice.