Implementation of the Wassenaar Arrangement List of Dual-Use Items: Revisions to the Commerce Control List and Reporting Under the Wassenaar Arrangement

Federal RegisterJan 15, 1998

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SUMMARY: Representatives of thirty-three countries gave final approval

July 12-13, 1996 in Vienna, Austria to establish the Wassenaar

Arrangement on Export Controls for Conventional Arms and Dual-Use Goods

and Technologies. The thirty-three countries agreed to control all

items in the List of Dual-Use Goods and Technologies with the objective

of preventing unauthorized transfers. They further agreed on a target

date of November 1, 1996, for implementation of the Wassenaar Lists.

The purpose of this interim rule is to make the changes to the

Commerce Control List necessary to implement the Wassenaar List. In

addition, this interim rule imposes new reporting requirements on

persons that export certain items controlled under the Wassenaar

Arrangement to non-member countries in order to fulfill the information

exchange requirements of the Wassenaar Arrangement. The Department of

Commerce, with other concerned agencies, is reviewing the Export

Administration Regulations to determine whether further changes will be

required to implement the information sharing provisions of the

Wassenaar Arrangement and to make the necessary adjustments to existing

country groups.

This rule also revises part 740 of the EAR by removing License

Exception availability for certain items controlled for missile

technology reasons.

Although the Export Administration Act (EAA) expired on August 20,

1994, the President invoked the International Emergency Economic Powers

Act and continued in effect, to the extent permitted by law, the

provisions of the EAA and the EAR in Executive Order 12924 of August

19, 1994, as extended by the President's notices of August 15, 1995,

August 14, 1996 and August 15, 1997.

DATES: This rule is effective January 15, 1998. Comments on this rule

must be received on or before February 17, 1998.

ADDRESSES: Written comments should be sent to Patricia Muldonian,

Regulatory Policy Division, Bureau of Export Administration, Department

of Commerce, P.O. Box 273, Washington, DC 20044.

FOR FURTHER INFORMATION CONTACT: James Lewis, Director, Office of

Strategic Trade and Foreign Policy Controls, Bureau of Export

Administration, Telephone: (202) 482-0092.

SUPPLEMENTARY INFORMATION:

Background

In July 1996, the United States and thirty-two other countries gave

final approval to the establishment of a new multilateral export

control arrangement, called the Wassenaar Arrangement on Export

Controls for Conventional Arms and Dual-Use Goods and Technologies

(Wassenaar Arrangement). The Wassenaar Arrangement contributes to

regional and international security and stability by promoting

transparency and greater responsibility in transfers of conventional

arms and dual-use goods and technologies, thus preventing destabilizing

accumulations of such items. Participating states have committed to

exchange information on exports of dual-use goods and technologies to

non-participating states for the purposes of enhancing transparency and

assisting in developing common understandings of the risks associated

with the transfers of these items.

To fulfill U.S. commitments to the Wassenaar Arrangement with

regard to dual-use items, this rule amends the Export Administration

Regulations (EAR) by imposing new reporting requirements for exports of

certain items controlled under the Wassenaar Arrangement. Reports are

not required for reexports. These new requirements appear in newly

added part 743 of the EAR. Information from exporters will be

consolidated by BXA for an aggregate data submission to the

participating states.

With respect to certain dual-use commodities, software, and

technology, participating states have undertaken commitments to notify

each other preferably within 30 days, but no later than 60 days, of an

approval of a license that has been denied by another participating

state for an essentially identical transaction during the preceding

three years. Certain of these items are eligible for License Exceptions

authorized by part 740 of the EAR. Therefore, in order to meet

Wassenaar Arrangement requirements, exporters on occasion may be

informed that the export of a certain item to a specific end-user under

a License Exception is not authorized or alternatively, may be

requested to provide prior written notification to BXA of an export of

a certain item to a specific end-user under a License Exception.

Reports are required to be submitted to BXA semiannually for

specified items controlled under the Wassenaar Arrangement exported

under License Exceptions LVS, GBS, CIV, CTP, TSR, and GOV. BXA must

receive such reports no later than August 1 for exports during the

reporting period January 1 through June 30, and no later than February

1 for exports during the reporting period July 1 through December 31.

The Export Control Classification Number and paragraph reference as

identified on the Commerce Control List, number of units in each

shipment, and the country of ultimate destination must be included in

each report for each export during the reporting period. Although the

exporter must be identified on all reports to BXA, names of exporters

will not be released to participating states. Certain additional

information requirements apply to digital computers.

Exporters should note that the first report must be submitted to

and received by BXA no later than August 1, 1998 for the partial

reporting period beginning January 15, 1998 and ending June 30, 1998.

Thereafter, reports are required semiannually according to the

provisions of new Sec. 743.1(f) of the EAR.

This rule also amends Sec. 742.12 of the EAR (High Performance

Computers) to clarify the reporting and recordkeeping requirements for

certain computer and software exports.

This rule also amends part 740 of the EAR by adding appropriate

cross-references to reporting requirements under License Exceptions

LVS, GBS, CIV, TSR, CTP, and GOV. The major changes in the Commerce

Control List (CCL) necessary to implement the Wassenaar Arrangement are

summarized below.

In addition, based on interagency agreement, particularly

consultations with the Department of State, this rule revises part 740

of the EAR by removing License Exception availability for missile

technology (MT) controlled items, except that items described in ECCNs

6A008, 7A001, 7A002, 7A004, 7A101, 7A102, 7A103, 7A104, 7D001, 7D002,

7D003, 7D101, 7D102, 7E003, or 7E101, may be exported as part of a

manned aircraft, satellite, land vehicle, or marine vehicle or in

quantities

[[Page 2453]]

appropriate for replacement parts under License Exceptions TMP, RPL,

TSU, or AVS. This action is based on a U.S. Government policy to

restrict the proliferation of missile capability and is consistent with

the Missile Technology Control Regime (MTCR) multilateral guidelines.

Also, in an effort to comply with our international commitments of

the Wassenaar Arrangement, the U.S. has also committed to exercise

extreme vigilance for certain items controlled for national security

reasons (NS), which are considered most critical to military

applications. This rule removes License Exception eligibility for

License Exceptions LVS, CIV, TSR, and GOV for certain commodities,

technologies, and software controlled for national security reasons for

which the U.S. has agreed to license with extreme vigilance.

Category 1--Materials

Additional controls have been added for body armor (1A005), certain

fluorocarbon electronic cooling fluids (1C006), certain ``ceramic-

ceramic'' materials with oxide or glass matrix (1C007), certain metals

and compounds (1C011), and certain material for nuclear heat sources.

In addition, controls for ``stress'' limits for metal alloys (1C002),

have been modified. Additional clarification of controls are specific

for the transition temperature limits on certain ``fibrous or

filamentary materials'' (1C010)

Category 2--Material Processing

A significant number of changes have been implemented for machine

tools. Specifically, the machine tool entry has been modified to

separate the controls on turning, milling and grinding machines. In

particular, such machines will no longer be controlled under the

Wassenaar Arrangement on the basis of ``tilting spindles'',

``camming'', or ``run-out''. Also, detailed test procedures, as

specified by the International Standards Organization (ISO), will no

longer be reiterated in the list. This revision will allow the

regulations to remain effective while keeping the procedures under

which the equipment is measured, current with industry practice. In

addition, controls have been removed for ``numerical control'' units

and ``motion control boards'', wire feed type electrical discharge

machines (2B001), manual machines specially designed for bevel gears

(2B003), systems for inspection of hemishells (2B006), and software for

``flexible manufacturing units'' (2D002). Two additional items have

been added under 2B001. They include ``specialty machines'' (i.e. deep

hole drilling machines) and spin-forming/flow-forming machines. Lastly,

controls on spindle assemblies and slide assemblies have been moved

from 2B008 to 2B992 as specially designed components therefore.

Category 3--Electronics

A number of controls have been removed for components under

Category 3, including microprocessors up to a composite theoretical

performance (CTP) value of 260 Mtops, most storage devices (i.e. memory

circuits), and on custom integrated circuits (3A001). In addition, the

frequency parameter for network analyzers and microwave test receivers

have been relaxed, and controls on emulators (3A002) have been removed

entirely. The most significant change is in the entries under Category

3B dealing with semiconductor manufacturing equipment. Specifically,

these entries have been combined and divided into two ECCNs. In

addition, the limit for control of integrated circuits testers have

been raised from 50 MHZ to 60 MHZ (3B002).

Category 4--Computers

Under category 4, the CTP value for computers has been raised from

260 Mtops to 2,000 Mtops. The limit on graphic accelerators and

graphics coprocessors has been relaxed to a 3-D vector rate of

3,000,000 (4A003). The technology for ``multi-data-stream processing''

has been revised to the control level defined in 4A003.b. (4E002). The

technology for magnetic hard disk drives (4E002) has been removed.

Category 5--Telecommunications, Part I

Several sections of Part I, Telecommunication have been removed

creating a significant number of changes to the controls on

telecommunication equipment. The majority of changes are identified in

the following entries.

All controls on telecommunication transmission equipment or

systems, having digital cross connect equipment and modems (5A001.b.),

have been removed. In addition, controls have been removed on certain

communication channel controllers, certain network access controllers,

certain radio equipment operating at frequencies of 31 GHz or less, and

certain digital signal processing equipment based upon ``user-

accessible programmability'' by raising the control parameters in each

instance (5A001.b.).

Also, controls have been removed on ``stored program controlled''

switching equipment containing any of the following characteristics,

functions or features (5A001.c.):

--``Integrated Services Digital Network'' (ISDN) functions;

--Multi-level priority and pre-emption for circuit switching;

--Routing or switching of ``datagram'' packets;

--Routing for switching of fast select packets;

--Automatic hand-off of cellular radio calls; and

--Digital cross connect equipment.

Additionally, the control parameters for the ``data signaling

rate'' for ``communications channel controllers'' and the digital

transfer rate for ``network access controllers'' have been modified to

relax controls on packet switches, circuit switches and routers.

Controls on all general purpose test equipment (e.g. bit error rate

testers and protocol analyzers) have been removed (5B001). Controls on

software for use of digital switching equipment (5D001) have been

removed and controls on development technology for spread spectrum and

frequency hopping techniques (5E001.b.) have been added.

Category 5--``Information Security'', Part II

Under Part II, ``Information Security'', certain items have been

decontrolled through an expansion of ``Notes'' within the entry of

5A002. These notes state that certain access control equipment (e.g.

equipment to protect personal identification numbers [PIN]), data

authentication equipment (e.g. equipment which calculates a Message

Authentication Code [MAC]) and cryptographic equipment specially

designed and limited for use in machines for banking or money

transactions are not controlled. In addition, all software for virus

protection (5D002) has been removed.

Category 6--Sensors and Lasers

Under the acoustics section, controls for certain wide-swath

bathymetric survey systems and terrestrial geophones have been removed.

In addition, controls for towed acoustic hydrophone arrays and

processing equipment for hydrophone arrays have been modified. Controls

for bottom or bay cable systems (6A001) have been added. Under optical

sensors, controls for specially designed components of image

intensifier tubes (6A002) have been modified. Controls for monospectral

imaging sensors have been added. Under optics, controls on certain

optical filters and ``fluoride fiber'' cable (6A004) have been removed.

Under lasers, certain carbon dioxide lasers, semiconductor lasers, ruby

lasers, neodymium doped lasers and free electron lasers (6A005) have

[[Page 2454]]

been removed. Under radar, weather balloon tracking radars (6A008) have

been removed. For production equipment, equipment for test, inspection

and production of lasers (6B005) have been removed. In addition,

controls on materials for optical fiber preforms for the manufacture of

high birefringence fibers (6C002), materials for certain low optical

absorption materials, and materials for optical fiber preforms for the

manufacture of fluoride fibers (6C004) have been removed. Controls on

software specially designed for bottom or bay cables have been added

and controls on certain primary radar target data software (6D003) have

been removed. Finally, controls for certain optical fabrication

technology and technology for certain optical fibers (6E003) have been

removed.

Category 7--Navigation and Avionics

Controls on inertial navigation systems certified for use on

``civil aircraft'' (7A003) have been removed. Also, controls for

direction finder equipment (7A007), computer aided design (CAD)

software (7D003), and technology for electric actuators for primary

flight control and flight control optical sensor arrays (7E004) have

been added.

Category 8--Marine

Controls for certain underwater vision systems, certain

photographic still cameras and certain light systems (8A002) have been

relaxed. Controls on stirling cycle engine air independent power

systems (8A002) have been clarified.

Category 9--Propulsion

Under the section dealing with Test, Inspection and Production

Equipment, several items have been removed, including automated

equipment for measuring airfoil wall thickness, tooling/fixtures, and

measuring equipment for hole drilling processing, ceramic core leaching

equipment and ceramic shell burn out or firing equipment (9B001).

Controls on brush seals have been narrowed by adding a control for a

temperature limit (9B003) and expanded by adding tools, dies or

fixtures for solid state joining of intermetallic airfoil-to-disk

combinations for gas turbine engines (9B004). Transducers/strain

gauges/accelerometers/thermocouples for vibration equipment (9B006)

have also been removed. Accordingly, under software, controls for

certain software for vibration test equipment as well as certain

development/production software of test facilities for engines (9D004)

have been removed. Finally, a few modifications have been made under

technology for gas turbine engine components or systems and controls on

helicopter power transfer systems or tilt rotor or tilt wing aircraft

(9E003). Specifically, controls have been narrowed on technology for

multiple domed combustors (9E003.a.2), the technology for gas bearing

for gas turbine engine rotor assemblies (9E003.a.12), and the

technology for helicopter, tilt rotor or tilt wing aircraft power

transfer systems.

All items removed from national security (NS) controls as a result

of the Wassenaar List of Dual-Use Goods and Technologies will continue

to be controlled for antiterrorism (AT) reasons.

Numerous entries that are contained on the Wassenaar List of Dual-

Use Goods and Technologies are subject to the export licensing

authority of the Office of Defense Trade Controls, Department of State.

This rule will list all entries that are controlled on the Wassenaar

List of Dual-Use Goods and Technologies, but will specify that those

entries are under the licensing authority of the Office of Defense

Trade Controls, Department of State.

On March 25, 1996 (61 FR 12714), BXA revised the Commerce Control

List by adopting the European Union (EU) numbering system and converted

our former ECCNs to correspond accordingly. The changes adopted by this

rule attempts to further harmonize the CCL with the EU List. This

ensures that identical ECCNs on the CCL and the EU List will identify

the same item(s). From an enforcement or customs perspective, this

common numbering system simplifies export controls for all countries

that harmonize to this control list. As a result of this harmonization

exercise, it was discovered that certain differences exist between the

EU List and the CCL and among agencies within the U.S., in terms of

MTCR related controls. These differences predominately exist in the

area of technology and software controls. For most of the entries, the

EU text was adopted or modified to ensure that it comported to the

intent of the MTCR Annex. For those technology and software entries

where differences could not be resolved at the interagency level, it

was agreed to maintain the control text for those entries as published

in the March 25 rule, until these differences are resolved.

To ensure that no overlap in controls exists among the regimes and

that the Wassenaar Arrangement list did not decontrol items that are

currently controlled on the MTCR Annex, references to certain missile

technology controlled entries were included and clarification notes

were added to aid the exporter.

In addition, this rule will include ECCN entries for those MTCR

items that are under the licensing authority of the Department of

State, Office of Defense Trade Controls. Those items are specifically

listed on the CCL to inform the exporter that the corresponding EU list

entry for such items are under the licensing authority of the

Department of State, Office of Defense Trade Controls.

BXA is continuing a comprehensive review of the Commerce Control

List (CCL) to account for items controlled by the Nuclear Suppliers

Group (NSG), the Missile Technology Control Regime (MTCR), and the

Australia Group (AG) and to correct errors published on March 25, 1996,

and unavoidably reprinted in this version of the CCL. The review will

be based in large part upon the comments received in response to the

March 25 rule and upon ongoing efforts to harmonize the CCL with the

EU's control list.

Saving Clause

This rule revises the numbering and structure of certain entries on

the Commerce Control List. For items under such entries and for April

15, 1998, BXA will accept license applications for items described

either by the entries in effect immediately before January 15, 1998 or

the entries described in this rule. In addition, shipments of items

removed from eligibility for export or reexport under a particular

License Exception authorization or the designator NLR, as a result of

this regulatory action, may continue to be exported or reexported under

that License Exception authorization or designator until February 17,

1998.

Rulemaking Requirements

1. This interim rule has been determined to be significant for

purposes of E.O. 12866.

2. Notwithstanding any other provision of law, no person is

required to respond to, nor shall any person be subject to a penalty

for failure to comply with a collection of information, subject to the

requirements of the Paperwork Reduction Act (PRA), unless that

collection of information displays a currently valid OMB Control

Number. This rule involves collections of information subject to the

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) These

collections has been approved by the Office of Management and Budget

under control numbers 0694-0073, 0694-0086, and 0694-0088. This rule

also contains a new collection-of-information requirement subject to

[[Page 2455]]

the PRA that has received emergency approval under OMB control number

0694-xxxx. The new information requirement and estimated public burden

hours include: recording responses (5 minutes each); filing responses

(1 minute each); and transmitting responses to BXA (10 minutes per

exporter). These estimates include the time for reviewing instructions,

searching existing data sources, gathering and maintaining the data

needed, and completing and reviewing the collections of information.

Send comments regarding these burden estimates or any other aspect of

these collections of information, including suggestions for reducing

the burden, to OMB Desk Officer, New Executive Office Building,

Washington, DC 20503.

3. This rule does not contain policies with Federalism implications

sufficient to warrant preparation of a Federalism assessment under

Executive Order 12612.

4. The provisions of the Administrative Procedure Act (5 U.S.C.

553) requiring notice of proposed rulemaking, the opportunity for

public participation, and a delay in effective date, are inapplicable

because this regulation involves a military and foreign affairs

function of the United States (Sec. 5 U.S.C. 553(a)(1)). Further, no

other law requires that a notice of proposed rulemaking and an

opportunity for public comment be given for this interim rule. Because

a notice of proposed rulemaking and an opportunity for public comment

are not required to be given for this rule under 5 U.S.C. or by any

other law, the analytical requirements of the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.) are not applicable.

However, because of the importance of the issues raised by these

regulations, this rule is issued in interim form and comments will be

considered in the development of final regulations.

Accordingly, the Department encourages interested persons who wish

to comment to do so at the earliest possible time to permit the fullest

consideration of their views.

The period for submission of comments will close February 17, 1998.

The Department will consider all comments received before the close of

the comment period in developing final regulations. Comments received

after the end of the comment period will be considered if possible, but

their consideration cannot be assured. The Department will not accept

public comments accompanied by a request that a part or all of the

material be treated confidentially because of its business proprietary

nature or for any other reason. The Department will return such

comments and materials to the person submitting the comments and will

not consider them in the development of final regulations. All public

comments on these regulations will be a matter of public record and

will be available for public inspection and copying. In the interest of

accuracy and completeness, the Department requires comments in written

form.

Oral comments must be followed by written memoranda, which will

also be a matter of public record and will be available for public

review and copying. Communications from agencies of the United States

Government or foreign governments will not be made available for public

inspection.

The public record concerning these regulations will be maintained

in the Bureau of Export Administration Freedom of Information Records

Inspection Facility, Room 4525, Department of Commerce, 14th Street and

Pennsylvania Avenue, N.W., Washington, D.C. 20230. Records in this

facility, including written public comments and memoranda summarizing

the substance of oral communications, may be inspected and copied in

accordance with regulations published in Part 4 of Title 15 of the Code

of Federal Regulations. Information about the inspection and copying of

records at the facility may be obtained from Margaret Cornejo, Bureau

of Export Administration Freedom of Information Officer, at the above

address or by calling (202) 482-5653.

List of Subjects

15 CFR Part 732

Administrative practice and procedure, Exports, Foreign trade,

Reporting and recordkeeping requirements.

15 CFR Part 740

Administrative practice and procedure, Exports, Foreign trade,

Reporting and recordkeeping requirements.

15 CFR Part 742

Exports, Foreign Trade.

15 CFR Part 743

Administrative practice and procedure, Exports, Foreign trade,

Reporting and recordkeeping requirements.

15 CFR Part 744

Exports, Foreign Trade, Reporting and recordkeeping requirements.

15 CFR Part 746

Embargoes, Exports, Foreign Trade, Reporting and recordkeeping

requirements.

15 CFR Part 762

Administrative practice and procedure, Business and Industry,

Exports, Foreign trade, Reporting and recordkeeping requirements.

15 CFR Part 774

Exports, Foreign Trade.

Accordingly, parts 732, 740, 742, 744, 746, 762, and 774 of the

Export Administration Regulations (15 CFR parts 730 through 799) are

amended as follows:

1. The authority citation for parts 732 and 762 is revised to read

as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;

E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; E.O. 13026, 3

CFR, 1995 Comp., p. 228; Notice of August 15, 1995, 3 CFR, 1995

Comp., p. 501; Notice of August 14, 1996, 3 CFR, 1996 Comp., p. 298;

and Notice of August 13, 1997 (62 FR 43629, August 15, 1997).

2. The authority citation for part 740 is revised to read as

follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;

E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; Notice of August

15, 1995, 3 CFR, 1995 Comp., p. 501; Notice of August 14, 1996, 3

CFR, 1996 Comp., p. 289; and Notice of August 13, 1997 (62 FR 43629,

August 15, 1997).

3. The authority citation for part 742 is revised to read as

follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;

18 U.S.C. 2510 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a;

E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58

FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12924, 59 FR 43437, 3 CFR,

1994 Comp., p, 917; E.O. 12938, 59 FR 59099, 3 CFR, 1995 Comp., p.

950; Notice of August 15, 1995, 3 CFR, 1995 Comp., p. 501; Notice of

August 14, 1996, 3 CFR, 1996 Comp., p. 289; and Notice of August 13,

1997 (62 FR 43629, August 15, 1997).

4-5. The authority citation for part 744 is revised to read as

follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C 1701 et seq.;

22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; E.O. 12058, 43 FR 20947, 3

CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp.,

p. 608; E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 915; E.O.

12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; Notice of August 14,

1996, 3 CFR, 1996 Comp., p. 298; and Notice of August 13, 1997 (62

FR 43629, August 15, 1997).

6. The authority citation for part 746 is revised to read as

follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;

22 U.S.C. 287c; 22 U.S.C. 6004; E.O. 12918, 59 FR 28205, 3 CFR, 1994

[[Page 2456]]

Comp., p. 899; E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917;

Notice of August 14, 1996, 3 CFR, 1996 Comp., p. 298; and Notice of

August 13, 1997 (62 FR 43629, August 15, 1997).

7. The authority citation for part 774 continues to read as

follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;

10 U.S.C. 720; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C.

287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; Sec. 201, Pub. L. 104-

58, 109 Stat. 557 (30 U.S.C. 185(s)); 30 U.S.C. 185(u); 42 U.S.C.

2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50

U.S.C. app. 5; E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917;

Notice of August 15, 1995, 3 CFR, 1995 Comp., p. 501; Notice of

August 14, 1996, 3 CFR, 1996 Comp., p. 298; and Notice of August 13,

1997 (62 FR 43629, August 15, 1997).

PART 732--[AMENDED]

8. Section 732.4 of the EAR is amended by adding a new paragraph

(b)(3)(iv) to read as follows:

Sec. 732.4 Steps regarding License Exceptions.

* * * * *

(b) * * *

(3) * * *

(iv) If you are exporting under License Exceptions GBS, CIV, LVS,

CTP, TSR, or GOV, you should review Sec. 743.1 of the EAR to determine

the applicability of certain reporting requirements.

* * * * *

PART 740--[AMENDED]

9. Section 740.2 is amended:

a. By adding a new paragraph (a)(5); and

b. By adding a new paragraph (c) to read as follows:

Sec. 740.2 Restrictions on all License Exceptions.

(a) * * *

(5) The item is controlled for missile technology (MT) reasons,

except that the items described in ECCNs 6A008, 7A001, 7A002, 7A004,

7A101, 7A102, 7A103, 7A104, 7B001, 7D001, 7D002, 7D003, 7D101, 7D102,

7E003, or 7E101, may be exported as part of a manned aircraft,

satellite, land vehicle or marine vehicle or in quantities appropriate

for replacement parts for such applications under Sec. 740.9(a)(2)(ii)

(License Exception TMP for kits consisting of replacement parts),

Sec. 740.10 (License Exception RPL), Sec. 740.13 (License Exception

TSU), or Sec. 740.15(c) (License Exception AVS for equipment and spare

parts for permanent use on a vessel or aircraft).

* * * * *

License Exception in order to comply with U.S. Wassenaar obligations.

In addition, BXA may inform an exporter, that before using any License

Exception, a notice be submitted with BXA concerning the proposed

export.

10. Section 740.3 is amended by adding a new paragraph (f) to read

as follows:

Sec. 740.3 Shipments of Limited Value (LVS).

* * * * *

(f) Reporting requirements. See Sec. 743.1 of the EAR for reporting

requirements for exports of certain commodities under License Exception

LVS.

11. Section 740.4 is revised to read as follows:

Sec. 740.4 Shipments to Country Group B countries (GBS).

License Exception GBS authorizes exports and reexports to Country

Group B (see Supplement No. 1 to part 740) of those commodities

controlled to the ultimate destination for national security reasons

only and identified by ``GBS--Yes'' on the CCL. See Sec. 743.1 of the

EAR for reporting requirements for exports of certain commodities under

License Exception GBS.

12. Section 740.5 is amended by adding a new sentence at the end to

read as follows:

Sec. 740.5 Civil end-users (CIV).

* * * See Sec. 743.1 of the EAR for reporting requirements for

exports of certain commodities under License Exception CIV.

13. Section 740.6 is amended by adding paragraph (b) to read as

follows:

Sec. 740.6 Technology and software under restriction (TSR).

* * * * *

(b) Reporting requirements. See Sec. 743.1 of the EAR for reporting

requirements for exports of certain commodities under License Exception

TSR.

14. Section 740.7 is amended by revising paragraph (f) to read as

follows:

Sec. 740.7 Computers (CTP).

* * * * *

(f) Reporting requirements. See Sec. 743.1 of the EAR for reporting

requirements for exports of certain commodities under License Exception

CTP.

15. Section 740.11 is amended:

a. By revising paragraph (a)(2);

b. By revising paragraph (b)(2)(iii);

c. By revising paragraph (b)(2)(iv), and

d. By adding a new Supplement No. 1, as follows:

Sec. 740.11 Governments and international organizations (GOV).

* * * * *

(a) * * *

(2) The following items controlled for national security (NS)

reasons under Export Control Classification Numbers (ECCNs) identified

on the Commerce Control List may not be exported or reexported under

this License Exception to destinations other than Austria, Belgium,

Canada, Denmark, Finland, France, Germany, Greece, Ireland, Italy,

Luxembourg, the Netherlands, Portugal, Spain, Sweden, and the United

Kingdom: 1C001, 1C012, 5A001.b.9, 6A001.a.2.a.1, 6A001.a.2.a.2,

6A001.a.2.a.7, 6A001.a.2.b, 6A001.a.2.e.1, 6A001.a.2.e.2, 6A002.a.1.c,

6A008.l.3., 6B008, 8A001.b., 8A001.d., 8A002.o.3.b., 9A011; and

(i) ``Composite'' structures or laminates controlled by 1A002.a.,

having an organic ``matrix'' and made from materials listed under

1C010.c. or 1C010.d.; and

(ii) ``Digital'' computers controlled by 4A003.b. and having a CTP

exceeding 10,000 MTOPS; and

(iii) ``Electronic assemblies'' controlled by 4A003.c. and capable

of enhancing performance by aggregation of ``computing elements'' so

that the CTP of the aggregation exceeds 10,000 MTOPS; and

(iv) Processing equipment controlled by 6A001.a.2.c. and specially

designed for real time application with towed acoustic hydrophone

arrays; and

(v) Bottom or bay cable systems controlled by 6A001.a.2.e.3 and

having processing equipment specially designed for real time

application with bottom or bay cable systems; and

(vi) ``Software'', as follows:

(A) Controlled by 4D001, specially designed for the ``development''

or ``production'' for items controlled by 4A003.b or .c, as defined by

paragraphs (a)(2)(ii) and (iii) of this section; and

(B) Controlled by 5D001.a, specially designed for items controlled

by 5A001.b.9; and

and

(D) Controlled by 6D003.a; and

(E) Controlled by 7D003.a or 7D003.b; and

(F) Controlled by 8D001, specially designed for the ``development''

or ``production'' of equipment controlled by 8A001.b, 8A001.d, or

8A002.o.3.b; and

(G) Controlled by 9D001, specially designed for the ``development''

of equipment or ``technology'' controlled by 9A011, 9E003.a.1, or by

9E003.a.3, for items controlled by 1A002.a, as

[[Page 2457]]

described in paragraph (a)(2)(i) of this section; and

(H) Controlled by 9D002 for ``software'' specially designed for the

``production'' of equipment controlled by 9A011; and

(I) Controlled by 9D004.a or .c.

(b) * * *

(2) * * *

(iii) (A) Items for official use within national territory by

agencies of the U.S. Government. This License Exception is available

for all items consigned to and for the official use of any agency of a

cooperating government within the territory of any cooperating

government, except items described in paragraph (a) to Supplement No. 1

of this section:

(B) Reporting requirements. See Sec. 743.1 of the EAR for reporting

requirements for exports of certain items under this paragraph

(b)(2)(iii).

(iv) (A) Diplomatic and consular missions of a cooperating

government. This License Exception is available for all items consigned

to and for the official use of a diplomatic or consular mission of a

cooperating government located in any country in Country Group B (see

Supplement No. 1 to part 740), except items described in paragraph (b)

of Supplement No. 1 of this section.

(B) Reporting requirements. See Sec. 743.1 of the EAR for reporting

requirements for exports of certain items under this paragraph

(b)(2)(iv).

* * * * *

Supplement No. 1 to Sec. 740.11--Additional Restrictions on Use of

License Exception GOV

(a) Items for official use within national territory by agencies

of the U.S. Government. License Exception GOV is available for all

items consigned to and for the official use of any agency of a

cooperating government within the territory of any cooperating

government, except:

(1) Items identified on the Commerce Control List as controlled

for national security (NS) reasons under Export Control

Classification Numbers (ECCNs) as follows for export or reexport to

destinations other than Austria, Belgium, Canada, Denmark, Finland,

France, Germany, Greece, Ireland, Italy, Luxembourg, the

Netherlands, Portugal, Spain, Sweden, or the United Kingdom: 1C001,

1C012, 5A001.b.9, 6A001.a.2.a.1, 6A001.a.2.a.2, 6A001.a.2.a.7,

6A001.a.2.b, 6A001.a.2.e.1, 6A001.a.2.e.2, 6A002.a.1.c, 6A008.l.3.,

6B008, 8A001.b., 8A001.d., 8A002.o.3.b., 9A011; and

(i) ``Composite'' structures or laminates controlled by

1A002.a., having an organic ``matrix'' and made from materials

listed under 1C010.c. or 1C010.d.; and

(ii) ``Digital'' computers controlled by 4A003.b. and having a

CTP exceeding 10,000 MTOPS; and

(iii) ``Electronic assemblies'' controlled by 4A003.c. and

capable of enhancing performance by aggregation of ``computing

elements'' so that the CTP of the aggregation exceeds 10,000 MTOPS;

and

(iv) Processing equipment controlled by 6A001.a.2.c. and

specially designed for real time application with towed acoustic

hydrophone arrays; and

(v) Bottom or bay cable systems controlled by 6A001.a.2.e.3 and

having processing equipment specially designed for real time

application with bottom or bay cable systems;

(vi) ``Software'', as follows:

(A) Controlled by 4D001, specially designed for the

``development'' or ``production'' for items controlled by 4A003.b or

.c, as defined by paragraphs (a)(1)(ii) and (iii) of this

Supplement; and

(B) Controlled by 5D001.a, specially designed for items

controlled by 5A001.b.9; and

6B008; and

(D) Controlled by 6D003.a; and

(E) Controlled by 7D003.a or 7D003.b; and

(F) Controlled by 8D001, specially designed for the

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

8A001.b, 8A001.d, or 8A002.o.3.b; and

(G) Controlled by 9D001, specially designed for the

``development'' of equipment or ``technology'' controlled by 9A011,

9E003.a.1, or by 9E003.a.3, for items controlled by 1A002.a, as

described in paragraph (a)(1)(i) of this Supplement; and

(H) Controlled by 9D002 for ``software'' specially designed for

the ``production'' of equipment controlled by 9A011; and

(I) Controlled by 9D004.a or .c.

(vii) ``Technology'', as follows:

(A) Controlled by 5E001.a for items controlled by 5A001.b.9 or

5D001.a; and

(B) Controlled by 1E001 for items controlled by 1A002.a, 1C001,

or 1C102 as described by paragraph (a)(1)(i) of this Supplement; and

``software'' in 6A001.a.2.a.1, 6A001.a.2.a.2, 6A001.a.2.a.7,

6A001.a.2.b, 6A001.a.2.c, 6A001.a.2.3, 6A002.a.1.c, 6A008.l.3, or

6B008, as described in paragraph (a)(1) of this Supplement; and

(D) Controlled by 6E002 for the ``production'' of equipment

controlled by 6A001.a.2.a.1, 6A001.a.2.a.2, 6A001.a.2.a.7,

6A001.a.2.b, 6A001.a.2.c, 6A001.a.2.3, 6A002.a.1.c, 6A008.l.3, or

6B008, as described in paragraph (a)(1) of this Supplement; and

(E) Controlled by 8E001 for items controlled by 8A001.b,

8A002.o.3.b, or 8A001.d; and

(F) Controlled by 9E001 for items controlled by 9A011, 9D001, or

9D002; and

(G) Controlled by 9E002 for items controlled by 9A011; and

(H) Controlled by 9E003.a.1; and

(I) Controlled by 9E003.a.3 for items controlled by 1A002.a as

described in paragraph (a)(1) of this Supplement.

(2) Items identified on the Commerce Control List as controlled

for missile technology (MT), chemical and biological warfare (CB),

or nuclear nonproliferation (NP) reasons;

(3) Regional stability items controlled under Export Control

Classification Numbers (ECCNs) 6A002, 6A003, 6E001, 6E002, 7D001,

7E001, 7E002, and 7E101 as described in Sec. 742.6(a)(1) of the EAR;

(4) Encryption items controlled for EI reasons as described in

the Commerce Control List.

(b) Diplomatic and consular missions of a cooperating

government. License Exception GOV is available for all items

consigned to and for the official use of a diplomatic or consular

mission of a cooperating government located in any country in

Country Group B (see Supplement No. 1 to part 740), except:

(1) Items identified on the Commerce Control List as controlled

for national security (NS) reasons under Export Control

Classification Numbers (ECCNs) as follows for export or reexport to

destinations other than Austria, Belgium, Canada, Denmark, Finland,

France, Germany, Greece, Ireland, Italy, Luxembourg, the

Netherlands, Portugal, Spain, Sweden, or the United Kingdom: 1C001,

1C012, 5A001.b.9, 6A001.a.2.a.1, 6A001.a.2.a.2, 6A001.a.2.a.7,

6A001.a.2.b, 6A001.a.2.e.1, 6A001.a.2.e.2, 6A002.a.1.c, 6A008.l.3.,

6B008, 8A001.b., 8A001.d., 8A002.o.3.b., 9A011; and

(i) ``Composite'' structures or laminates controlled by

1A002.a., having an organic ``matrix'' and made from materials

listed under 1C010.c. or 1C010.d.; and

(ii) ``Digital'' computers controlled by 4A003.b. and having a

CTP exceeding 10,000 MTOPS; and

(iii) ``Electronic assemblies'' controlled by 4A003.c. and

capable of enhancing performance by aggregation of ``computing

elements'' so that the CTP of the aggregation exceeds 10,000 MTOPS;

and

(iv) Processing equipment controlled by 6A001.a.2.c. and

specially designed for real time application with towed acoustic

hydrophone arrays; and

(v) Bottom or bay cable systems controlled by 6A001.a.2.e.3 and

having processing equipment specially designed for real time

application with bottom or bay cable systems;

(vi) ``Software'', as follows:

(A) Controlled by 4D001, specially designed for the

``development'' or ``production'' for items controlled by 4A003 .b

or .c, as defined by paragraphs (b)(1) (ii) or (iii) of this

Supplement; and

(B) Controlled by 5D001.a, specially designed for items

controlled by 5A001.b.9; and

6B008; and

(D) Controlled by 6D003.a; and

(E) Controlled by 7D003.a or 7D003.b; and

(F) Controlled by 8D001, specially designed for the

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

8A001.b, 8A001.d, or 8A002.o.3.b; and

(G) Controlled by 9D001, specially designed for the

``development'' of equipment or ``technology'' controlled by 9A011,

9E003.a.1, or by 9E003.a.3, for items controlled by 1A002.a, as

described in paragraph (b)(1)(i) of this Supplement; and

(H) Controlled by 9D002 for ``software'' specially designed for

the ``production'' of equipment controlled by 9A011; and

[[Page 2458]]

(I) Controlled by 9D004 .a or .c.

(vii) ``Technology'', as follows:

(A) Controlled by 5E001.a for items controlled by 5A001.b.9 or

5D001.a; and

(B) Controlled by 1E001 for items controlled by 1A002.a, 1C001,

or 1C102 as described by paragraph (b)(1) of this Supplement; and

``software'' in 6A001.a.2.a.1, 6A001.a.2.a.2, 6A001.a.2.a.7,

6A001.a.2.b, 6A001.a.2.c, 6A001.a.2.3, 6A002.a.1.c, 6A008.l.3, or

6B008, as described in paragraph (b)(1) of this Supplement; and

(D) Controlled by 6E002 for the ``production'' of equipment

controlled by 6A001.a.2.a.1, 6A001.a.2.a.2, 6A001.a.2.a.7,

6A001.a.2.b, 6A001.a.2.c, 6A001.a.2.3, 6A002.a.1.c, 6A008.l.3, or

6B008, as described in paragraph (b)(1) of this Supplement; and

(E) Controlled by 8E001 for items controlled by 8A001.b,

8A002.o.3.b, or 8A001.d; and

(F) Controlled by 9E001 for items controlled by 9A011, 9D001, or

9D002; and

(G) Controlled by 9E002 for items controlled by 9A011; and

(H) Controlled by 9E003.a.1; and

(I) Controlled by 9E003.a.3 for items controlled by 1A002.a as

described in paragraph (b)(1)(i) of this Supplement.

(2) Items identified on the Commerce Control List as controlled

for missile technology (MT), chemical and biological warfare (CB),

or nuclear nonproliferation (NP) reasons;

(3) Regional stability items controlled under Export Control

Classification Numbers (ECCNs) 6A002, 6A003, 6E001, 6E002, 7D001,

7E001, 7E002, and 7E101 as described in Sec. 742.6(a)(1) of the EAR;

(4) Encryption items controlled for EI reasons as described in

the Commerce Control List.

PART 742--[AMENDED]

16. Section 742.6(a)(1) is amended:

a. By removing the phrase ``6D102 (only software for development of

items in 6A002.a.1, a.2, a.3, or .c);'' and

b. By revising the phrase ``7E002 (only technology for the

production of inertial navigation systems, inertial equipment, and

specially designed components therefor for civil aircraft).'' to read

``7E002 (only technology for the production of inertial navigation

systems, inertial equipment, and specially designed components therefor

for civil aircraft); 7E101 (only technology for the use of inertial

navigation systems, inertial equipment, and specially designed

components for civil aircraft).''

17. Section 742.12 is amended by revising paragraph (a)(3) and by

removing paragraph (a)(4) to read as follows:

Sec. 742.12 High performance computers.

(a) * * *

(3) Exporters must keep accurate records of each export to

countries not included in Country Group A:1 (see Supplement No. 1 to

part 740 of the EAR) of a computer with a CTP greater than 4,000 MTOPS.

These records must be submitted semiannually to BXA and must contain

the information as described in Sec. 743.1 of the EAR.

* * * * *

18. A new part 743 is added to read as follows:

PART 743--SPECIAL REPORTING

Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;

E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; Notice of August

15, 1995, 3 CFR, 1995 Comp., p. 501; Notice of August 14, 1996, 3

CFR, 1996 Comp., p. 289; and Notice of August 13, 1997 (62 FR 43629,

August 15, 1997).

Sec. 743.1 Wassenaar Arrangement.

(a) Scope. This section outlines special reporting requirements for

exports of certain commodities, software and technology controlled

under the Wassenaar Arrangement. Such reports must be submitted to BXA

semiannually in accordance with the provisions of paragraph (f) of this

section, and records of all exports subject to the reporting

requirements of this section must be kept in accordance with part 762

of the EAR. This section does not require reports for reexports.

(b) Requirements. You must submit two (2) copies of each report

required under the provisions of this section and maintain accurate

supporting records (see Sec. 762.2(b) of the EAR) for all exports of

items specified in paragraph (c) of this section under any of the

following License Exceptions authorized by part 740 of the EAR: License

Exceptions GBS, CIV, TSR, LVS, CTP, and GOV. For purposes of this part

743, ``you'' has the same meaning as ``U.S. exporter'', as defined in

part 772 of the EAR.

reports to BXA under the provisions of this section only for exports of

items controlled under the following ECCNs:

(i) Category 1: 1A002, 1C007.c and .d, 1C010.c and .d, 1D002,

1E001, 1E002.e, and 1E002.f.;

(ii) Category 2: 2B001.a or .b (certain items only; see Note to

this paragraph) 2B001.f, 2B003, 2D001, 2E001, and 2E002;

Note to paragraph (c)(1)(ii): The following are not controlled

for NP reasons: turning machines controlled by 2B001.a with a

capacity equal to or less than 35 mm diameter; bar machines

(Swissturn), limited to machining only bar feed through, if maximum

bar diameter is equal to or less than 42 mm and there is no

capability of mounting chucks (machines may have drilling and/or

milling capabilities for machining parts with diameters less than 42

mm); or milling machines controlled by 2B001.b with x-axis travel

greater than two meters and overall ``positioning accuracy'' on the

x-axis more (worse) than 0.030 mm. Therefore, exports of such items

under License Exception GOV are subject to reporting requirements.

(iii) Category 3: 3A002.g.2, 3B001.a.2, 3D001, and 3E001;

(iv) Category 4: 4A001.a.2 and .b, 4A003.b and .c (see paragraph

(c)(2) of this section), 4D001, 4D003.c, and 4E001;

(v) Category 5: 5A001.b.8, 5B001 (items specially designed for

5A001.b.8), 5D001.a and .b, 5E001.a, 5A002, 5B002, 5D002, and 5E002;

(vi) Category 6: 6A001.a.1.b, .a.2.c, .a.2.d, and .a.2.e; 6A002.b,

6A004.c and d, 6A006.g and h, 6A008.d, .h, and .k; 6D001, 6D003.a,

6E001, and 6E002;

(vii) Category 8: 8A001.c; 8A002.b, .h, .j, .o.3.a, and .p; 8D001,

8D002, 8E001, and 8E002.a; and

(viii) Category 9: 9B001.b, 9D001, 9D002, 9D004.a and .c, 9E001,

9E002, 9E003.a.1, 9E003.a.2, .a.3, .a.4, .a.5, .a.8, and .a.9.

(2) Reports for ``digital computers'' and ``electronic assemblies''

controlled under ECCN 4A003.b and .c are required only for computers

with a composite theoretical performance (CTP) exceeding 4,000 MTOPS or

computer enhancements thereof such that the CTP exceeds 4,000 MTOPS.

Records for software controlled by 4D001 are required for software

specially designed for the development or production of computers

having a CTP exceeding 4,000 MTOPS. For the calculation of CTP, see the

Technical Note for Category 4 in the Commerce Control List (Supplement

No. 2 to part 774 of the EAR).

(d) Country Exceptions. You must report each export subject to the

provisions of this section, except for exports to countries identified

in Country Group A:1 (see Supplement No. 1 to part 740 of the EAR).

(e) Information that must be included in each report. (1) Each

report submitted to BXA for items other than those identified in

paragraph (e)(2) of this section must include the following information

for each export during the time periods specified in paragraph (f) of

this section:

(i) Export Control Classification Number and paragraph reference as

identified on the Commerce Control List;

(ii) Number of units in the shipment; and

[[Page 2459]]

(iii) Country of ultimate destination.

(2) Reports for ``digital computers'' and ``electronic assemblies''

controlled under ECCN 4A003.b and .c must include the following

information:

(i) Date of shipment;

(ii) Name and address of the end-user and each intermediate

consignee;

(iii) CTP of each computer or aggregation of computing elements in

shipment;

(iv) Quantity shipped; and

(v) End-use.

(f) Frequency and timing of reports. You must submit reports

subject to the provisions of this section semiannually. The reports

must be labeled with the exporting company's name and address at the

top of each page and must include for each such export all the

information specified in paragraph (e) of this section. The reports

shall cover exports made during six month time periods spanning from

January 1 through June 30 and July 1 through December 31.

(1) The first report must be submitted to and received by BXA no

later than August 1, 1998 for the partial reporting period beginning

January 15, 1998 and ending June 30, 1998. Thereafter, reports are due

according to the provisions of paragraphs (f)(2) and (f)(3) of this

section.

(2) Reports for the reporting period ending June 30 must be

submitted to and received by BXA no later than August 1.

(3) Reports for the reporting period ending December 31 must be

submitted to and received by BXA no later than February 1.

(g) Mailing address and facsimile number: (1) Two (2) copies of

reports required under this section shall be delivered to one of the

following addresses. BXA will not accept reports sent C.O.D.

(i) For deliveries by U.S. postal service:

Bureau of Export Administration, U.S. Department of Commerce, P.O.

Box 273, Attn: ``Wassenaar Reports'', Washington, D.C. 20044

(ii) For courier deliveries:

Bureau of Export Administration, U.S. Department of Commerce, Attn:

``Wassenaar Reports'', Room 2705, 14th Street and Pennsylvania Ave.,

N.W., Washington, D.C. 20230

(2) Reports may also be sent by facsimile to: (202) 482-3345, Attn:

``Wassenaar Reports''.

(h) Contacts. General information concerning the Wassenaar

Arrangement and reporting obligations thereof is available from the

Office of Strategic Trade and Foreign Policy Controls, Tel. (202) 482-

0092, Fax: (202) 482-4094.

Sec. 743.2 [Reserved]

PART 744--[AMENDED]

19. Section 744.8(b) is amended by revising the phrase ``7A006,

7A106, 7A115, 7A994,'' to read ``7A006, 7A994''.

PART 746--[AMENDED]

20. Section 746.8(b)(1)(ii) is amended by revising the phrase

``6E002, 9A115, 9A991.a,'' to read ``6E002, 9A991.a,''.

PART 762--[AMENDED]

21. Section 762.2 is amended by revising paragraphs (b)(35) and

(b)(36) and by adding a new paragraph (b)(37) to read as follows:

Sec. 762.2 Records to be retained.

* * * * *

(b) * * *

(35) Sec. 764.5, Voluntary self-disclosure;

(36) Sec. 766.10, Subpoenas; and

(37) Sec. 743.1, Wassenaar reports.

PART 774--[AMENDED]

22. Supplement No. 1 to part 774 is revised to read as follows:

Supplement No. 1 to Part 774--the Commerce Control List

Category 0--Nuclear Materials, Facilities, and Equipment [and

Miscellaneous Items]

A. Systems, Equipment and Components

0A001 ``Nuclear reactors'', i.e., reactors capable of operation so as

to maintain a controlled, self-sustaining fission chain reaction, and

equipment and components specially designed or prepared for use in

connection with a ``nuclear reactor'', including (see List of Items

Controlled).

License Requirements

Reason for Control:

Control(s): Items described in 0A001 are subject to the export

licensing authority of the Nuclear Regulatory Commission (see 10 CFR

part 110)

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: N/A.

Related Controls: N/A

Related Definitions: N/A

Items: a. Pressure vessels, i.e. metal vessels as complete units or

X parts therefor, which are specially designed or prepared to

contain the core of a ``nuclear reactor'' and are capable of

withstanding the operating pressure of the primary coolant,

including the top plate for a reactor pressure vessel;

b. Fuel element handling equipment, including reactor fuel

charging and discharging machines;

c. Control rods specially designed or prepared for the control

of the reaction rate in a ``nuclear reactor'', including the neutron

absorbing part and the support or suspension structures therefore,

and control rod guide tubes;

d. Electronic controls for controlling the power levels in

``nuclear reactors'', including reactor control rod drive mechanisms

and radiation detection and measuring instruments to determine

neutron flux levels;

e. Pressure tubes specially designed or prepared to contain fuel

elements and the primary coolant in a ``nuclear reactor'' at an

operating pressure in excess of 5.1 MPa;

f. Tubes or assemblies of tubes, made from zirconium metal or

alloy in which the ratio of hafnium to zirconium is less than 1:500

parts by weight, specially designed or prepared for use in a

``nuclear reactor'';

g. Coolant pumps specially designed or prepared for circulating

the primary coolant of ``nuclear reactors'';

h. Internal components specially designed or prepared for the

operation of a ``nuclear reactor'', including core support

structures, thermal shields, baffles, core grid plates and diffuser

plates;

i. Heat exchangers.

0A002 Power generating or propulsion equipment specially designed for

use with space, marine or mobile ``nuclear reactors''. (These items are

subject to the export licensing authority of the U.S. Department of

State, Office of Defense Trade Controls. See 22 CFR part 121.)

0A018 Items on the International Munitions List.

License Requirements

Reason for Control: NS, RS, AT, UN

Control(s) Country Chart

NS applies to entire entry............. NS Column 1

RS applies to 0A018.c.................. RS Column 2

AT applies to entire entry............. AT Column 1

UN applies to entire entry............. Rwanda

License Exceptions

LVS: $5000 for 0A018.a and b; $3000 for 0A018.c; $1500 for 0A018.d

through .f; $0 for entire entry for Rwanda

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: 0A018.a, .b, and .c in $ value; 0A018.d, .e, and .f in number.

Related Controls: N/A

Related Definitions: N/A

Items: a. Power controlled searchlights and control units therefor,

designed for military use, and equipment mounting such units; and

specially designed parts and accessories therefor;

b. Construction equipment built to military specifications,

specially designed for airborne transport; and specially designed

parts and accessories therefor;

c. Specially designed components and parts for ammunition,

except cartridge cases, powder bags, bullets, jackets, cores,

shells, projectiles, boosters, fuses and components, primers, and

other detonating devices and ammunition belting and linking machines

(all of which are subject to the export licensing authority of the

U.S. Department of

[[Page 2460]]

State, Office of Defense Trade Controls. (See 22 CFR parts 120

through 130.)

d. Bayonets;

e. Muzzle-loading (black powder) firearms;

Note: Antique small arms dating prior to 1890 and their

reproductions are not controlled by this ECCN 0A018.

f. Military helmets, except:

f.1. Conventional steel helmets other than those described by

0A018.f.2 of this entry.

f.2. Helmets, made of any material, equipped with communications

hardware, optional sights, slewing devices or mechanisms to protect

against thermal flash or lasers.

Note: Helmets described in 0A018.f.1 are controlled by 0A988.

Helmets described in 0A018.f.2 are controlled by the U.S. Department

of State, Office of Defense Trade Controls (See 22 CFR part 121,

Category X).

0A980 Horses by sea.

License Requirements

Reason for Control: SS

Control(s): SS applies to entire entry. For licensing requirements

(and possible License Exceptions) proceed directly to part 754 of

the EAR. The Commerce Country Chart is not designed to determine

licensing requirements for items controlled for SS reasons

List of Items Controlled

Unit: $ value

Related Controls: N/A

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

0A982 Saps; thumbcuffs, leg irons, shackles, and handcuffs; straight

jackets, plastic handcuffs, machetes, conventional steel military

helmets, police helmets and shields; and parts and accessories, n.e.s.

License Requirements

Reason for Control: CC, UN

Control(s) Country Chart

CC applies to entire entry except CC Column 1

machetes.

UN applies to machetes................. Rwanda

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value

Related Controls: N/A

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

0A983 Specially designed implements of torture and thumbscrews; and

parts and accessories, n.e.s.

License Requirements

Reason for Control: CC

Control(s): CC applies to entire entry. A license is required for

ALL destinations, regardless of end-use. Accordingly, a column

specific to this control does not appear on the Commerce Country

Chart. (See part 742 of the EAR for additional information.)

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value

Related Controls: N/A

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

0A984 Shotguns, barrel length 18 inches (45.72 cm) inches or over;

buckshot shotgun shells; except equipment used exclusively to treat or

tranquilize animals, and except arms designed solely for signal, flare,

or saluting use; and parts, n.e.s.

License Requirements

Reason for Control: CC, UN

Control(s) Country Chart

CC applies to shotguns with a barrel CC Column 1

length over 18 in. (45.72 cm) but less

than 24 in. (60.96 cm) or buckshot

shotgun shells controlled by this

entry, regardless of end-user.

CC applies to shotguns with a barrel CC Column 2

length greater than or equal to 24 in.

(60.96 cm), regardless of end-user.

CC applies to shotguns with a barrel CC Column 3

length greater than or equal to 24 in.

(60.96 cm) if for sale or resale to

police or law enforcement.

UN applies to entire entry............. Rwanda

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value

Related Controls: This entry does not control shotguns with a barrel

length of less than 18 inches (45.72 cm). (See 22 CFR part 121.)

These items are subject to the export licensing authority of the

Department of State, Office of Defense Trade Controls

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

0A985 Optical sighting devices for firearms (including shotguns

controlled by 0A984); discharge type arms (for example, stun guns,

shock batons, electric cattle prods, immobilization guns and

projectiles, etc.) except equipment used exclusively to treat or

tranquilize animals, and except arms designed solely for signal, flare,

or saluting use; and parts, n.e.s.

License Requirements

Reason for Control: CC, UN

Control(s) Country Chart

CC applies to entire entry............. CC Column 1

UN applies to entire entry............. Rwanda

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value

Related Controls: N/A

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

0A986 Shotgun shells, except buckshot shotgun shells, and parts.

License Requirements

Reason for Control: UN

Control(s): UN applies to entire entry. A license is required for

items controlled by this entry to Cuba, Libya, North Korea and

Rwanda. The Commerce Country Chart is not designed to determine

licensing requirements for this entry. See part 746 of the EAR for

additional information

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value

Related Controls: N/A

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

0A988 Conventional military steel helmets as described by 0A018.f.1;

and machetes.

License Requirements

Reason for Control: UN

Control(s): UN applies to entire entry. A license is required for

items controlled by this entry to Cuba, Libya, North Korea and

Rwanda. The Commerce Country Chart is not designed to determine

licensing requirements for this entry. See part 746 of the EAR for

additional information

Note: Exports from the U.S. and transhipments to Iran must be

licensed by the Department of Treasury, Office of Foreign Assets

Control. (See Sec. 746.7 of the EAR for additional information on

this requirement.)

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value

Related Controls: N/A

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

B. Test, Inspection and Production Equipment

0B001 Plant for the separation of isotopes of ``natural uranium'' and

``depleted uranium'', ``special fissile materials'' and ``other fissile

materials'', and specially designed or prepared equipment and

components therefor, as follows (see List of Items Controlled).

License Requirements

Reason for Control:

[[Page 2461]]

Control(s): Items described in 0B001 are subject to the export

licensing authority of the Nuclear Regulatory Commission (see 10 CFR

part 110).

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: N/A

Related Controls: N/A

Related Definitions: N/A

Items: a. Plant specially designed for separating isotopes of

``natural uranium'' and ``depleted uranium'', ``special fissile

materials'' and ``other fissile materials'', as follows:

a.1. Gaseous diffusion separation plant;

a.2. Gas centrifuge separation plant;

a.3. Aerodynamic separation plant;

a.4. Chemical exchange separation plant;

a.5. Ion-exchange separation plant;

a.6. Atomic vapor ``laser'' isotopic separation plant;

a.7. Molecular ``laser'' isotopic separation plant;

a.8. Plasma separation plant;

a.9. Electro magnetic separation plant;

b. Equipment and components, specially designed or prepared for

gaseous diffusion separation process, as follows:

b.1. Bellow valves made of or protected by materials resistant

to UF6 (e.g., aluminum, aluminum alloys, nickel or alloy

containing 60 weight percent or more nickel), with a diameter of 40

mm to 1500 mm;

b.2.a. Compressors (positive displacement, centrifugal and axial

flowtypes) or gas blowers with a suction volume capacity of 1

m3/min or more of UF6, and discharge pressure

up to 666.7 kPa, made of or protected by materials resistant to

UF6 (e.g. aluminum, aluminum alloys, nickel or alloy

containing 60 weight percent or more nickel);

b.2.b. Rotary shaft seals for compressors or blowers specified

in 0B001.b.2.a. and designed for a buffer gas in-leakage rate of

less than 1,000 cm3/min.;

b.3. Gaseous diffusion barriers made of porous metallic,

polymer or ceramic materials resistant to corrosion by

UF6 with a pore size of 10 to 100 nm, a thickness of 5 mm

or less, and, for tubular forms, a diameter of 25 mm or less;

b.4. Gaseous diffuser housings made of or protected by

materials resistant to corrosion by UF6;

b.5. Heat exchangers made of aluminum, copper, nickel, or

alloys containing more than 60 weight percent nickel, or

combinations of these metals as clad tubes, designed to operate at

sub-atmospheric pressure with a leak rate that limits the pressure

rise to less than 10 Pa per hour under a pressure differential of

100 kPa;

c. Equipment and components, specially designed or prepared for

gas centrifuge separation process, as follows:

c.1. Gas centrifuges;

c.2. Complete rotor assemblies consisting of one or more rotor

tube cylinders;

c.3. Rotor tube cylinders with a thickness of 12 mm or less, a

diameter of between 75 mm and 400 mm, made from any of the following

high strength-to-density ratio materials:

c.3.a. Maraging steel capable of an ultimate tensile strength of

2,050 MPa or more;

c.3.b. Aluminum alloys capable of an ultimate tensile strength

of 460 MPa or more; or

c.3.c. ``Fibrous or filamentary materials'' with a ``specific

modulus'' of more than 3.18 x 106 m and a ``specific

tensile strength'' greater than 76.2 x 103 m;

c.4. Magnetic suspension bearings consisting of an annular

magnet suspended within a housing made of UF6 resistant

materials (e.g. aluminum, aluminum alloys, nickel or alloy

containing 60 weight percent or more nickel) containing a damping

medium and having the magnet coupling with a pole piece or second

magnet fitted to the top cap of the rotor;

c.5. Specially prepared bearings comprising a pivot-cup assembly

mounted on a damper;

c.6. Rings or bellows with a wall thickness of 3 mm or less and

a diameter of between 75 mm and 400 mm and designed to give local

support to a rotor tube or to join a number together, made from any

of the following high strength-to-density ratio materials;

c.6.a. Maraging steel capable of an ultimate tensile strength of

2050 MPa or more;

c.6.b. Aluminum alloys capable of an ultimate tensile strength

of 460 MPa or more; or

c.6.c. ``Fibrous or filamentary materials'' with a ``specific

modulus'' of more than 3.18 x 106 m and a ``specific

tensile strength'' greater than 76.2 x 103 m;''.

c.7. Baffles of between 75 mm and 400 mm diameter for mounting

inside a rotor tube, made from any of the following high strength-

to-density ratio materials:

c.7.a. Maraging steel capable of an ultimate tensile strength of

2050 MPa or more;

c.7.b. Aluminum alloys capable of an ultimate tensile strength

of 460 MPa or more; or

c.7.c. ``Fibrous or filamentary materials'' with a ``specific

modulus'' of more than 3.18 x 106 m and a ``specific

tensile strength'' greater than 76.2 x 103 m;''.

c.8. Top and bottom caps of between 75 mm and 400 mm diameter to

fit the ends of a rotor tube, made from any of the following high

strength-to-density ratio materials:

c.8.a. Maraging steel capable of an ultimate tensile strength of

2050 MPa or more; or

c.8.b. Aluminum alloys capable of an ultimate tensile strength

of 460 MPa or more;

c.8.c. ``Fibrous or filamentary materials'' with a ``specific

modulus'' of more than 3.18 x 106 m and a ``specific

tensile strength'' greater than 76.2 x 103 m.

c.9. Molecular pumps comprised of cylinders having internally

machined or extruded helical grooves and internally machined bores;

c.10. Ring-shaped motor stators for multiphase AC hysteresis (or

reluctance) motors for synchronous operation within a vacuum in the

frequency range of 600 to 2,000 Hz and a power range of 50 to 1,000

Volt-Amps;

c.11. Frequency changers (converters or inverters) specially

designed or prepared to supply motor stators for gas centrifuge

enrichment, having all of the following characteristics, and

specially designed components therefor:

c.11.a. Multiphase output of 600 to 2000 Hz;

c.11.b. Frequency control better than 0.1%;

c.11.c. Harmonic distortion of less than 2%; and

c.11.d. An efficiency greater than 80%;

c.12. Centrifuge housing/recipients to contain the rotor tube

assembly of a gas centrifuge, consisting of a rigid cylinder of wall

thickness up to 30 mm with precision machined ends and made of or

protected by UF6 resistant materials;

c.13. Scoops consisting of tubes of up to 12 mm internal

diameter for the extraction of UF6 gas from within a

centrifuge rotor tube by a Pitot tube action, made of or protected

by UF6 resistant materials;

d. Equipment and components, specially designed or prepared for

aerodynamic separation process, as follows:

d.1. Separation nozzles consisting of slit-shaped, curved

channels having a radius of curvature less than 1 mm and having a

knife-edge contained within the nozzle which separates the gas

flowing through the nozzle into two streams;

d.2. Tangential inlet flow-driven cylindrical or conical tubes

(vortex tubes), made of or protected by UF6 resistant

materials with a diameter of between 0.5 cm and 4 cm and a length to

diameter ratio of 20:1 or less and with one or more tangential

inlets;

d.3. Compressors (positive displacement, centrifugal and axial

flow types) or gas blowers with a suction volume capacity of 2

m3/min, made of or protected by materials resistant to

UF6 (e.g., aluminum, aluminum alloys, nickel or alloy

containing 60 weight percent or more nickel), and rotary shaft seals

therefor;

d.4. Aerodynamic separation element housings, made of or

protected by materials resistant to UF6 to contain vortex

tubes or separation nozzles;

d.5. Heat exchangers made of aluminum, copper, nickel, or alloy

containing more than 60 weight percent nickel, or combinations of

these metals as clad tubes, designed to operate at pressures of 600

kPa or less;

d.6. Bellows valves made of or protected by UF6

resistant materials with a diameter of 40 to 1500 mm;

d.7. Process systems for separating UF6 from carrier

gas (hydrogen or helium) to 1 ppm UF6 content or less,

including:

d.7.a. Cryogenic heat exchangers and cryoseparators capable of

temperatures of -120 deg. C or less;

d.7.b. Cryogenic refrigeration units capable of temperatures of

-120 deg. C or less;

d.7.c. Separation nozzle or vortex tube units for the separation

of UF6 from carrier gas;

d.7.d. UF6 cold traps capable of temperatures of

-20 deg. C or less;

e. Equipment and components, specially designed or prepared for

chemical exchange separation process, as follows:

e.1. Fast-exchange liquid-liquid centrifugal contactors with

stage residence time of 30 seconds or less and resistant to

concentrated hydrochloric acid (e.g., made of or lined with suitable

plastic materials such as fluorocarbon polymers or lined with

glass);

[[Page 2462]]

e.2. Fast-exchange liquid-liquid pulse columns with stage

residence time of 30 seconds or less and resistant to concentrated

hydrochloric acid (e.g., made of or lined with suitable plastic

materials such as fluorocarbon polymers or lined with glass);

e.3. Electrochemical reduction cells designed to reduce uranium

from one valence state to another;

e.4. Electrochemical reduction cells feed equipment to take

U+4 from the organic stream and, for those parts in

contact with the process stream, made of or protected by suitable

materials (e.g., glass, fluorocarbon polymers, polyphenyl sulphate,

polyether sulfone and resin-impregnated graphite);

e.5. Feed preparation systems for producing high purity uranium

chloride solution consisting of dissolution, solvent extraction and/

or ion exchange equipment for purification and electrolytic cells

for reducing the uranium U+6 or U+4 to

U+3;

e.6. Uranium oxidation systems for oxidation of U+3

to U+4;

f. Equipment and components, specially designed or prepared for

ion-exchange separation process, as follows:

f.1. Fast reacting ion-exchange resins, pellicular or porous

macro-reticulated resins in which the active chemical exchange

groups are limited to a coating on the surface of an inactive porous

support structure, and other composite structures in any suitable

form, including particles or fibers, with diameters of 0.2 mm or

less, resistant to concentrated hydrochloric acid and designed to

have an exchange rate half-time of less than 10 seconds and capable

of operating at temperatures in the range of 100 deg. C to 200 deg.

f.2. Ion exchange columns (cylindrical) with a diameter greater

than 1000 mm, made of or protected by materials resistant to

concentrated hydrochloric acid (e.g., titanium or fluorocarbon

plastics) and capable of operating at temperatures in the range of

100 deg. C to 200 deg. C and pressures above 0.7 MPa;

f.3. Ion exchange reflux systems (chemical or electrochemical

oxidation or reduction systems) for regeneration of the chemical

reducing or oxidizing agents used in ion exchange enrichment

cascades;

g. Equipment and components, specially designed or prepared for

atomic vapor ``laser'' isotopic separation process, as follows:

g.1. High power electron beam guns with total power of more than

50 kW and strip or scanning electron beam guns with a delivered

power of more than 2.5 kW/cm for use in uranium vaporization

systems;

g.2. Trough shaped crucibles and cooling equipment made of or

protected by materials resistant to heat and corrosion of molten

uranium or uranium alloy's (e.g., tantalum, yttria-coated graphite,

graphite coated with other rare earth oxides or mixtures thereof);

N.B: See also 2A225.

g.3. Product and tails collector systems made of or lined with

materials resistant to the heat and corrosion of uranium vapor, such

as yttria-coated graphite or tantalum;

g.4. Separator module housings (cylindrical or rectangular

vessels) for containing the uranium metal vapor source, the electron

beam gun and the product and tails collectors;

g.5. ``Lasers'' or ``laser'' systems for the separation of

uranium isotopes with a spectrum frequency stabilizer for operation

over extended periods of time;

N.B.: See also 6A005 and 6A205.

h. Equipment and components, specially designed or prepared for

molecular ``laser'' isotopic separation process, as follows:

h.1. Supersonic expansion nozzles for cooling mixtures of

UF6 and carrier gas to 150 K or less and made from

UF6 resistant materials;

h.2. Uranium fluoride (UF5) product collectors

consisting of filter, impact, or cyclone-type collectors or

combinations thereof, and made of UF5/UF6

resistant materials (e.g. aluminum, aluminum alloys, nickel or

alloys containing 60 weight percent of nickel and UF6

resistant fully fluorinated hydrocarbon polymers);

h.3. Equipment for fluorinating UF5 to

UF6;

h.4. Compressors made of or protected by materials resistant to

UF6 (e.g., aluminum, aluminum alloys, nickel or alloy

containing 60 weight percent or more nickel), and rotary shaft seals

therefor;

h.5. Process systems for separating UF6 from carrier

gas (e.g., nitrogen or argon) including:

h.5.a. Cryogenic heat exchangers and cryoseparators capable of

temperatures of -120 deg.C or less;

h.5.b. Cryogenic refrigeration units capable of temperatures of

-120 deg.C or less;

h.5.c. UF6 cold traps capable of temperatures of -20 deg.C or

less;

h.6. ``Lasers'' or ``laser'' systems for the separation of

uranium isotopes with a spectrum frequency stabilizer for operation

over extended periods of time;

N.B.: See also 6A005 and 6A205.

i. Equipment and components, specially designed or prepared for

plasma separation process, as follows:

i.1. Product and tails collectors made of or protected by

materials resistant to the heat and corrosion of uranium vapor such

as yttria-coated graphite or tantalum;

i.2. Radio frequency ion excitation coils for frequencies of

more than 100 kHz and capable of handling more than 40 kW mean

power;

i.3. Microwave power sources and antennae for producing or

accelerating ions, with an output frequency greater than 30 GHz and

mean power output greater than 50 kW;

i.4. Uranium plasma generation systems;

i.5. Liquid uranium metal handling systems consisting of

crucibles, made of or protected by suitable corrosion and heat

resistant materials (e.g., tantalum, yttria-coated graphite,

graphite coated with other rare earth oxides or mixtures thereof),

and cooling equipment for the crucibles;

N.B.: See also 2A225.

i.6. Separator module housings (cylindrical) for containing the

uranium plasma source, radio-frequency drive coil and the product

and tails collectors and made of a suitable non-magnetic material

(e.g. stainless steel);

j. Equipment and components, specially designed or prepared for

electromagnetic separation process, as follows:

j.1. Ion sources, single or multiple, consisting of a vapor

source, ionizer, and beam accelerator made of suitable materials

(e.g., graphite, stainless steel, or copper) and capable of

providing a total ion beam current of 50 mA or greater;

j.2. Ion collector plates for collection of enriched or depleted

uranium ion beams, consisting of two or more slits and pockets and

made of suitable non-magnetic materials (e.g., graphite or stainless

steel);

j.3. Vacuum housings for uranium electromagnetic separators made

of non-magnetic materials (e.g. graphite or stainless steel) and

designed to operate at pressures of 0.1 Pa or lower;

j.4. Magnet pole pieces with a diameter greater than 2 m;

j.5. High voltage power supplies for ion sources, having all of

the following characteristics:

j.5.a. Capable of continuous operation;

j.5.b. Output voltage of 20,000 V or greater;

j.5.c. Output current of 1 A or greater;

j.5.d. Voltage regulation of better than 0.01% over a period of

8 hours;

N.B.: See also 3A227.

j.6. Magnet power supplies (high power, direct current) having

all of the following characteristics:

j.6.a. Capable of continuous operation with a current output of

500 A or greater at a voltage of 100 V or greater;

j.6.b. Current or voltage regulation better than 0.01% over a

period of 8 hours.

N.B.: See also 3A226.

0B002 Specially designed or prepared auxiliary systems, equipment and

components, as follows, (see List of Items Controlled) for isotope

separation plant specified in 0B001, made of or protected by

UF6 resistant materials.

License Requirements

Reason for Control:

Control(s): Items described in 0B002 are subject to the export

licensing authority of the Nuclear Regulatory Commission (see 10 CFR

part 110)

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: N/A

Related Controls: N/A

Related Definitions: N/A

Items: a. Feed autoclaves, ovens or systems used for passing

UF6 to the enrichment process;

b. Desublimers or cold traps, used to remove UF6 from

the enrichment process for subsequent transfer upon heating;

c. Product and tails stations for transferring UF6

into containers;

d. Liquefaction or solidification stations used to remove

UF6 from the enrichment process by compressing and

converting UF6 to a liquid or solid form;

e. Piping systems and header systems specially designed for

handling UF6 within gaseous diffusion, centrifuge or

aerodynamic cascades made of or protected by UF6

resistant materials;

[[Page 2463]]

f.1. Vacuum manifolds or vacuum headers having a suction

capacity of 5 m\3\/minute or more; or

f.2. Vacuum pumps specially designed for use in UF6

bearing atmospheres;

g. UF6 mass spectrometers/ion sources specially

designed or prepared for taking on-line samples of feed, product or

tails from UF6 gas streams and having all of the

following characteristics:

g.1. Unit resolution for mass of more than 320 amu;

g.2. Ion sources constructed of or lined with nichrome or monel,

or nickel plated;

g.3. Electron bombardment ionization sources; and

g.4. Collector system suitable for isotopic analysis.

0B003 Plant for the production of uranium hexafluoride

(UF6) and specially designed or prepared equipment and

components therefor, as follows (see List of Items Controlled).

License Requirements

Reason for Control: NP, AT

Control(s) Country Chart

NP applies to entire entry............. NP Column 1

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: $ value

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: N/A

Related Controls: N/A

Related Definitions: N/A

Items: a. Plant for the production of UF6;

b. Equipment and components, as follows, specially designed of

prepared for UF6 production:

b.1. Fluorination and hydrofluorination screw and fluid bed

reactors and flame towers;

b.2. Distillation equipment for the purification of

UF6.

0B004 Plant for the production of heavy water, deuterium or deuterium

compounds, and specially designed or prepared equipment and components

therefor, as follows (see List of Items Controlled).

License Requirements

Reason for Control:

Control(s): Items described in 0B004 are subject to the export

licensing authority of the Nuclear Regulatory Commission (see 10 CFR

part 110)

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: N/A

Related Controls: N/A

Related Definitions: N/A

Items: a. Plant for the production of heavy water, deuterium or

deuterium compounds, as follows:

a.1. Hydrogen sulphide-water exchange plants;

a.2. Ammonia-hydrogen exchange plants;

a.3. Hydrogen distillation plants;

b. Equipment and components, as follows, designed for:

b.1. Hydrogen sulphide-water exchange process:

b.1.a. Tray exchange towers;

b.1.b. Hydrogen sulphide gas compressors;

b.2. Ammonia-hydrogen exchange process:

b.2.a. High-pressure ammonia-hydrogen exchange towers;

b.2.b. High-efficiency stage contactors;

b.2.c. Submersible stage recirculation pumps;

b.2.d. Ammonia crackers designed for pressures of more than 3

MPa;

b.3. Hydrogen distillation process:

b.3.a. Hydrogen cryogenic distillation towers and cold boxes

designed for operation below 35 K (-238 deg. C);

b.3.b. Turboexpanders or turboexpander-compressor sets designed

for operation below 35 K (-238 deg. C);

b.4. Heavy water concentration process to reactor grade level

(99.75 weight percent deuterium oxide):

b.4.a. Water distillation towers containing specially designed

packings;

b.4.b. Ammonia distillation towers containing specially designed

packings;

b.4.c. Catalytic burners for conversion of fully enriched

deuterium to heavy water;

b.4.d. Infrared absorption analyzers capable of on-line

hydrogen-deuterium ratio analysis where deuterium concentrations are

equal to or more than 90 weight percent.

0B005 Plant specially designed for the fabrication of ``nuclear

reactor'' fuel elements and specially designed equipment therefor.

License Requirements

Reason for Control:

Control(s): Items described in 0B005 are subject to the export

licensing authority of the Nuclear Regulatory Commission (see 10 CFR

part 110)

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: N/A

Related Controls: N/A

Related Definitions: A plant for the fabrication of ``nuclear

reactor'' fuel elements includes equipment which: (a) Normally comes

into direct contact with or directly processes or controls the

production flow of nuclear materials; (b) Seals the nuclear

materials within the cladding; (c) Checks the integrity of the

cladding or the seal; and (d) Checks the finish treatment of the

solid fuel

Items: The List of Items Controlled is contained in the ECCN heading

0B006 Plant for the reprocessing of irradiated ``nuclear reactor''

fuel elements, and specially designed or prepared equipment and

components therefor, including (see List of Items Controlled).

License Requirements

Reason for Control:

Control(s): Items described in 0B006 are subject to the export

licensing authority of the Nuclear Regulatory Commission (see 10 CFR

part 110)

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: N/A

Related Controls: N/A

Related Definitions: N/A

Items: a. Fuel element chopping or shredding machines, i.e. remotely

operated equipment to cut, chop, shred or shear irradiated ``nuclear

reactor'' fuel assemblies, bundles or rods;

b. Dissolvers, critically safe tanks (e.g. small diameter,

annular or slab tanks) specially designed or prepared for the

dissolution of irradiated ``nuclear reactor'' fuel, which are

capable of withstanding hot, highly corrosive liquids, and which can

be remotely loaded and maintained;

c. Counter-current solvent extractors and ion-exchange

processing equipment specially designed or prepared for use in a

plant for the reprocessing of irradiated ``natural uranium'',

``depleted uranium'' or ``special fissile materials'' and ``other

fissile materials'';

d. Process control instrumentation specially designed or

prepared for monitoring or controlling the reprocessing of

irradiated ``natural uranium'', ``depleted uranium'' or ``special

fissile materials'' and ``other fissile materials'';

e. Holding or storage vessels specially designed to be

critically safe and resistant to the corrosive effects of nitric

acid;

Note: Critically safe tanks may have the following features:

1. Walls or internal structures with a boron equivalent of at

least two percent;

2. A maximum diameter or 175 mm for cylindrical vessels; or

3. A maximum width of 75 mm for either a slab or annular vessel.

f. Complete systems specially designed or prepared for the

conversion of plutonium nitrate to plutonium oxide;

g. Complete systems specially designed or prepared for the

production of plutonium metal.

Note: Plant for the reprocessing of irradiated ``nuclear

reactor'' fuel elements includes equipment and components which

normally come into direct contact with and directly control the

irradiated fuel and the major nuclear material and fission product

processing streams.

0B008 Equipment for ``nuclear reactors''.

License Requirements

Reason for Control: NP, AT

Control(s) Country Chart

NP applies to entire entry............. NP Column 2

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: $ value

GBS: N/A

CIV: N/A

[[Page 2464]]

List of Items Controlled

Unit: N/A

Related Controls: N/A

Related Definitions: N/A

Items: a. Simulators specially designed for ``nuclear reactors'';

b. Ultrasonic or eddy current test equipment specially designed

for ``nuclear reactors''.

0B009 Plant for the conversion of uranium and equipment specially

designed or prepared therefor, as follows (see List of Items

Controlled).

License Requirements

Reason for Control:

Control(s): Items described in 0B009 are subject to the export

licensing authority of the Nuclear Regulatory Commission (see 10 CFR

part 110)

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: N/A

Related Controls: N/A

Related Definitions: N/A

Items: a. Systems for the conversion of uranium ore concentrates to

UO3;

b. Systems for the conversion of UO3 to

UF6;

c. Systems for the conversion of UO3 to

UO2;

d. Systems for the conversion of UO2 to

UF4;

e. Systems for the conversion of UF4 to

UF6;

f. Systems for the conversion of UF4 to uranium

metal;

g. Systems for the conversion of UF6 to

UO2;

h. Systems for the conversion of UF6 to

UF4.

0B986 Equipment specially designed for manufacturing shotgun shells;

and ammunition hand-loading equipment for both cartridges and shotgun

shells.

License Requirements

Reason for Control: UN

Control(s): UN applies to entire entry. A license is required for

items controlled by this entry to Cuba, Libya, North Korea and

Rwanda. The Commerce Country Chart is not designed to determine

licensing requirements for this entry. See part 746 of the EAR for

additional information

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value

Related Controls: N/A

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

C. Materials

0C001 ``Natural uranium'' or ``depleted uranium'' or thorium in the

form of metal, alloy, chemical compound or concentrate and any other

material containing one or more of the foregoing.

License Requirements

Reason for Control:

Control(s): Items described in 0C001 are subject to the export

licensing authority of the Nuclear Regulatory Commission (see 10 CFR

part 110)

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: N/A

Related Controls: (1) See also 1A290. (2) This entry does not

control: (a) Four grams or less of ``natural uranium'' or ``depleted

uranium'' when contained in a sensing component in instruments (see

10 CFR part 110); or (b) ``Depleted uranium'' specially fabricated

for the following civil non-nuclear applications: Shielding;

Packaging; Ballasts; or Counter-weights

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

0C002 ``Special fissile materials'' and ``other fissile materials'';

except, four ``effective grams'' or less when contained in a sensing

component in instruments.

License Requirements

Reason for Control:

Control(s): Items described in 0C002 are subject to the export

licensing authority of the Nuclear Regulatory Commission (see 10 CFR

part 110)

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: N/A

Related Controls: N/A

Related Definitions: N/A

Items: The List of Items Controlled is Contained in the ECCN heading

0C004 Deuterium, heavy water, deuterated paraffins and other compounds

of deuterium, and mixtures and solutions containing deuterium, in which

the isotopic ratio of deuterium to hydrogen exceeds 1:5000.

License Requirements

Reason for Control:

Control(s): Items described in 0C004 are subject to the export

licensing authority of the Nuclear Regulatory Commission (see 10 CFR

part 110)

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: N/A

Related Controls: N/A

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

0C005 Graphite, nuclear-grade, having a purity level of less than 5

parts per million ``boron equivalent'' and with a density greater than

1.5 g/cm \3\.

License Requirements

Reason for Control:

Control(s): Items described in 0C005 are subject to the export

licensing authority of the Nuclear Regulatory Commission (see 10 CFR

part 110)

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: N/A

Related Controls: N/A

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

0C006 Nickel powder or porous nickel metal, specially prepared for the

manufacture of gaseous diffusion barriers, as follows (see List of

Items Controlled).

License Requirements

Reason for Control:

Control(s): Items described in 0C006 are subject to the export

licensing authority of the Nuclear Regulatory Commission (see 10 CFR

part 110)

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: N/A

Related Controls: See also 1C240

Related Definitions: N/A

Items: a. Powder with a nickel purity content of 99.9 weight percent

or more and a mean particle size of less than 10 micrometers

measured by American Society for Testing and Materials (ASTM) B330

standard and a high degree of particle size uniformity; or

b. Porous nickel metal produced from materials specified in

0C006.a.

0C201 Specially prepared compounds or powders, other than nickel,

resistant to corrosion by UF6 (e.g. aluminum oxide and fully

fluorinated hydrocarbon polymers), for the manufacture of gaseous

diffusion barriers, having a purity of 99.9 weight percent or more and

a mean particle size of less than 10 micrometers measured by American

Society for Testing and Materials (ASTM) B330 standard and a high

degree of particle size uniformity.

License Requirements

Reason for Control:

Control(s): Items described in 0C201 are subject to the export

licensing authority of the Nuclear Regulatory Commission (see 10 CFR

part 110)

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

[[Page 2465]]

Unit: N/A

Related Controls: N/A

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

D. Software

0D001 ``Software'' specially designed or modified for the

``development'', ``production'' or ``use'' of goods controlled by this

Category.

License Requirements

Reason for Control: NP, AT

Control(s) Country Chart

NP applies to ``software'' for items NP Column 1

controlled by 0B003.

NP applies to ``software'' for items NP Column 2

controlled by 0B008.

AT applies to entire entry AT Column 1

License Exceptions

CIV: N/A

TSR: N/A

List of Items Controlled

Unit: $ value

Related Controls: (1) ``Software'' for items controlled by 0A001,

0A002, 0B001, 0B002, 0B004, 0B005, 0B006, 0B009, 0C001, 0C002,

0C004, 0C005, 0C006, and 0C201 are subject to the export licensing

authority of the Nuclear Regulatory Commission (see 10 CFR part

110). (2) ``Software'' for items controlled by 0A002 are subject to

the export licensing authority of the U.S. Department of State,

Office of Defense Trade Controls (see 22 CFR part 121)

.Related Definitions: N/A

Items: The List of Items Controlled is contained in the ECCN heading

E. Technology

0E001 ``Technology'' according to the Nuclear Technology Note for the

``development'', ``production'' or ``use'' of items controlled by this

Category.

License Requirements

Reason for Control: NP, AT

Control(s) Country Chart

NP applies to ``technology'' for items NP Column 1

controlled by 0B003.

NP applies to ``technology'' for items NP Column 2

controlled by 0B008.

AT applies to entire entry............. AT Column 1

License Exceptions

CIV: N/A

TSR: N/A

List of Items Controlled

Unit: N/A

Related Controls: ``Technology'' for items controlled by 0A001,

0A002, 0B001, 0B002, 0B004, 0B005, 0B006, 0B009, 0C001, 0C002,

0C004, 0C005, 0C006, and 0C201 are subject to the export licensing

authority of the Department of Energy (see 10 CFR part 810)

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

0E018 ``Technology'' for the ``development'', ``production'', or

``use'' of items controlled by 0A018.b through 0A018.e.

License Requirements

Reason for Control: NS, AT, UN

Control(s) Country Chart

NS applies to entire entry............. NS Column 1

AT applies to entire entry............. AT Column 1

UN applies to entire entry............. Rwanda

License Exceptions

CIV: N/A

TSR: Yes

List of Items Controlled

Unit: N/A

Related Controls: N/A

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

0E984 ``Technology'' for the ``development'' or ``production'' of

shotguns controlled by 0A984 and buckshot shotgun shells.

License Requirements

Reason for Control: CC, UN

Control(s) Country Chart

CC applies to ``technology'' for CC Column 1

shotguns with a barrel length over 18

in. (45.72 cm) but less than 24 in.

(60.96 cm) and shotgun shells,

regardless of end-user.

CC applies to ``technology'' for CC Column 2

shotguns with a barrel length over 24

in. (60.96 cm), regardless of end-user.

CC applies to ``technology'' for CC Column 3

shotguns with a barrel length over 24

in. (60.96 cm) if for sale or resale

to police or law enforcement.

UN applies to entire entry............. Rwanda

License Exceptions

CIV: N/A

TSR: N/A

List of Items Controlled

Unit: N/A

Related Controls: N/A

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

EAR99 Items subject to the EAR that are not elsewhere specified in

this CCL Category or in any other category in the CCL are designated by

the number EAR99.

Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins''

A. Systems, Equipment and Components

1A001 Components made from fluorinated compounds, as follows (see List

of Items Controlled).

License Requirements

Reason for Control: NS, AT

Control(s) Country Chart

NS applies to entire entry............. NS Column 2

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: $5000

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: Kilograms

Related Controls: Items specially designed or modified for missiles

or for items on the U.S. Munitions List are subject to the export

licensing authority of the U.S. Department of State, Office of

Defense Trade Controls (see 22 CFR part 121.)

Related Definitions: N/A

Items: a. Seals, gaskets, sealants or fuel bladders specially

designed for ``aircraft'' or aerospace use made from more than 50%

by weight of any of the materials controlled by 1C009.b or 1C009.c;

b. Piezoelectric polymers and copolymers made from vinylidene

fluoride materials controlled by 1C009.a:

b.1. In sheet or film form; and

b.2. With a thickness exceeding 200 m;

c. Seals, gaskets, valve seats, bladders or diaphragms made from

fluoroelastomers containing at least one vinylether monomer,

specially designed for ``aircraft'', aerospace or missile use.

1A002 ``Composite'' structures or laminates, having any of the

following (see List of Items Controlled).

License Requirements

Reason for Control: NS, NP, AT

Control(s) Country Chart

NS applies to entire entry except NS Column 2

finished or semi-finished items

specially designed for purely civilian

applications as follows: sporting

goods, automotive industry, machine

tool industry, and medical

applications.

NP applies to 1A002.b.1 in the form of NP Column 1

tubes with an inside diameter between

75 mm and 400 mm.

AT applies to entire entry............. AT Column 1

[[Page 2466]]

License Requirement Notes: See Sec. 743.1 of the EAR for

reporting requirements for exports under License Exceptions.

License Exceptions

LVS: $1500; N/A for ``composite'' structures or laminates controlled

by 1A002.a, having an organic ``matrix'' and made from materials

controlled by 1C010.c or 1C010.d

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: Kilograms

Related Controls: (1) See also 1A202, 9A010, and 9A110. (2) This

entry does not control ``composite'' structures or laminates made

from epoxy resin impregnated carbon ``fibrous or filamentary

materials'' for the repair of aircraft structures of laminates,

provided that the size does not exceed one square meter (1

m2)

Related Definitions: N/A

Items: a. An organic ``matrix'' and made from materials controlled

by 1C010.c, 1C010.d or 1C010.e; or

b. A metal or carbon ``matrix'' and made from:

b.1. Carbon ``fibrous or filamentary materials'' with:

b.1.a. A ``specific modulus'' exceeding 10.15 x 106

m; and

b.1.b. A ``specific tensile strength'' exceeding 17.7 x

104 m; or

b.2. Materials controlled by 1C010.c.

Technical Notes: (1) Specific modulus: Young's modulus in

pascals, equivalent to N/m2 divided by specific weight in

N/m3, measured at a temperature of (2962) K

((232) C) and a relative humidity of (505)%.

(2) Specific tensile strength: ultimate tensile strength in pascals,

equivalent to N/m2 divided by specific weight in N/

m3, measured at a temperature of (2962) K

((232) C) and a relative humidity of (505)%.

1A003 Manufactures of non-fluorinated polymeric substances controlled

by 1C008.a.3 in film, sheet, tape or ribbon form with either of the

following characteristics (see List of Items Controlled).

License Requirements

Reason for Control: NS, AT

Control(s) Country Chart

NS applies to entire entry............. NS Column 2

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: $200

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: Kilograms

Related Controls: This entry does not control manufactures when

coated or laminated with copper and designed for the production of

electronic printed circuit boards

Related Definitions: N/A

Items: a. With a thickness exceeding 0.254 mm; or

b. Coated or laminated with carbon, graphite, metals or magnetic

substances'

1A004 Protective and detection equipment and components, not specially

designed for military use. (These items are subject to the export

licensing authority of the U.S. Department of State, Office of Defense

Trade Controls. See 22 CFR part 121.)

1A005 Body armor, and specially designed components therefor, not

manufactured to military standards or specifications, nor to their

equivalents in performance.

License Requirements

Reason for Control: NS, UN, AT

Control(s) Country Chart

NS applies to entire entry............. NS Column 2

UN applies to entire entry. A license is required for items controlled

by this entry to Cuba, Libya, North Korea and Rwanda. The Commerce

Country Chart is not designed to determine licensing requirements for

this entry. See part 746 of the EAR for additional information.

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value

Related Controls: (1) Bulletproof and bullet resistant vests (body

armor) NIJ levels III and IV, are subject to the export licensing

authority of the U.S. Department of State, Office of Defense Trade

Controls. (See 22 CFR part 121.) (2) This entry does not control

individual suits of body armor and accessories therefor, when

accompanying their users for his/her own personal protection. (3)

This entry does not control body armor designed to provide frontal

protection only from both fragment and blast from non-military

explosive devices

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

1A102 Resaturated pyrolized carbon-carbon materials designed for

``missiles''. (These items are subject to the export licensing

authority of the U.S. Department of State, Office of Defense Trade

Controls. See 22 CFR part 121.)

1A202 Composite structures, other than those controlled by 1A002, in

the form of tubes with an inside diameter of between 75 mm and 400 mm

made with any of the ``fibrous or filamentary materials'' specified in

1C210.a or with carbon prepreg materials controlled by 1C210.c.

License Requirements

Reason for Control: NP, AT

Control(s) Country Chart

NP applies to entire entry............. NP Column 1

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: Kilograms

Related Controls: See also 9A010 and 9A110

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

1A225 Platinized catalysts specially designed or prepared for

promoting the hydrogen isotope exchange reaction between hydrogen and

water for the recovery of tritium from heavy water or for the

production of heavy water.

License Requirements

Reason for Control: NP, AT

Control(s) Country Chart

NP applies to entire entry............. NP Column 1

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: Kilograms

Related Controls: N/A

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

1A226 Specialized packings for use in separating heavy water from

ordinary water and made of phosphor bronze mesh (chemically treated to

improve wettability) and designed for use in vacuum distillation

towers.

License Requirements

Reason for Control: NP, AT

Control(s) Country Chart

NP applies to entire entry............. NP Column 1

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value

Related Controls: N/A

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

1A227 High-density (lead glass or other) radiation shielding windows

greater than 0.09 m\2\ on cold area and with a density greater than 3

g/cm\3\ and a thickness of 100 mm or greater; and specially designed

frames therefor.

License Requirements

Reason for Control: NP, AT

Control(s) Country Chart

NP applies to entire entry............. NP Column 1

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

[[Page 2467]]

List of Items Controlled

Unit: $ value

Related Controls: Nuclear equipment is also subject to the export

licensing authority of the Nuclear Regulatory Commission. (See 10

CFR part 110.)

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

1A290 Depleted uranium (any uranium containing less than 0.711% of the

isotope U-235) in shipments of more than 1,000 kilograms in the form of

shielding contained in X-ray units, radiographic exposure or

teletherapy devices, radioactive thermoelectric generators, or

packaging for the transportation of radioactive materials.

License Requirements

Reason for Control: NP, AT

Control(s) Country Chart

NP applies to entire entry............. NP Column 2

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: Kilograms

Related Controls: (1) This entry does not control depleted uranium

in fabricated forms for use in munitions. See 22 CFR part 121 for

depleted uranium subject to the export licensing authority of the

U.S. Department of State, Office of Defense Trade Controls. (2)

Depleted uranium that is not fabricated for use in munitions or

fabricated into commodities solely to take advantage of its high

density (e.g., aircraft, ship, or other counterweights) or in the

forms listed in this entry are subject to the export licensing

authority of the Nuclear Regulatory Commission. (See 10 CFR part

110.) (3) See also 0C001

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

1A984 Chemical agents, including tear gas formulation containing 1

percent or less of orthochlorobenzalmalononitrile (CS), or 1 percent or

less of chloroacetophenone (CN), except in individual containers with a

net weight of 20 grams or less; smoke bombs; non-irritant smoke flares,

canisters, grenades and charges; other pyrotechnic articles having dual

military and commercial use; and fingerprinting powders, dyes and inks.

License Requirements

Reason for Control: CC

Control(s) Country Chart

CC applies to entire entry............. CC Column 1

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value

Related Controls: N/A

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

B. Test, Inspection and Production Equipment

1B001 Equipment for the production of fibers, prepregs, preforms or

``composites'' controlled by 1A002 or 1C010, and specially designed

components and accessories therefor.

License Requirements

Reason for Control: NS, MT, NP, AT

Control(s) Country Chart

NS applies to entire entry............. NS Column 2

MT applies to entire entry, except MT Column 1

1B001.d.4 and .f.

NP applies to filament winding machines NP Column 1

described in 1B001.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 coordinating and

programming controls and precision

mandrels for these filament winding

machines.

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: N/A for MT and for 1B001.a; $5,000 for all other items

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value

Related Controls: See also 1B101 and 1B201; and for accelerators and

systems containing accelerators see 3A101

Related Definitions: N/A

Items: a. Filament winding machines of which the motions for

positioning, wrapping and winding fibers are 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 are coordinated and

programmed in two or more axes, specially designed for the

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

c. Multidirectional, multidimensional weaving machines or

interlacing machines, including adapters and modification kits, for

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

structures;

Note: 1B001.c does not control textile machinery not modified

for the above end-uses.

d. Equipment specially designed or adapted for the production of

reinforcement fibers, 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 1C010.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.

1B002 Systems and components therefor, specially designed to avoid

contamination and specially designed for producing metal alloys, metal

alloy powder or alloyed materials controlled by 1C002.a.2, 1C002.b or

1C002.c.

License Requirements

Reason for Control: NS, AT

Control(s) Country Chart

NS applies to entire entry............. NS Column 2

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: $5000

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value

Related Controls: N/A

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

1B003 Tools, dies, molds or fixtures, for ``superplastic forming'' or

``diffusion bonding'' titanium or aluminum or their alloys, specially

designed for the manufacture of (see List of Items Controlled).

License Requirements

Reason for Control: NS, AT

Control(s) Country Chart

NS applies to entire entry............. NS Column 2

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: $5000

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: Equipment in number; components in $ value

Related Controls: For specially designed production equipment of

systems, sub-systems and components controlled by 9A005 to 9A009,

9A011, 9A101, 9A105 to 9A109, 9A111, and 9A116 to 9A120 usable in

``missiles'', see 9B115.

Related Definitions: N/A

Items: a. Airframe or aerospace structures;

b. ``Aircraft'' or aerospace engines; or

[[Page 2468]]

c. Specially designed components for those structures or

engines.

1B018 Equipment on the International Munitions List.

License Requirements

Reason for Control: NS, MT, RS, AT

Control(s) Country Chart

NS applies to entire entry............. NS Column 1

MT applies to equipment for the MT Column 1

``production'' of rocket propellants.

RS applies to 1B018.a.................. RS Column 2

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: $3000 for 1B018.a for countries WITHOUT an ``X'' in RS; Column

2 on the Country Chart contained in Supplement No. 1 to part 738 of

the EAR; $5000 for 1B018.b

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: Equipment in number; parts and accessories in $ value

Related Controls: N/A

Related Definitions: N/A

Items: a. Equipment for the ``production'' of military explosives

and solid propellants.

a.1. Complete installations;

a.2. Specialized components (for example, dehydration presses;

extrusion presses for the extrusion of small arms, cannon and rocket

propellants; cutting machines for the sizing of extruded

propellants; sweetie barrels (tumblers) 6 feet and over in diameter

and having over 500 pounds product capacity; and continuous mixers

for solid propellants); or

a.3. Nitrators, continuous types; and

a.4. Specially designed parts and accessories therefor.

b. Environmental chambers capable of pressures below

(10-4) Torr, and specially designed components therefor.

1B101 Equipment, other than that controlled by 1B001, for the

``production'' of structural composites, and specially designed

components and accessories therefor.

License Requirements

Reason for Control: MT, NP, AT

Control(s) Country Chart

MT applies to entire entry............. MT Column 1

NP applies to 1B101.a only............. NP Column 1

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value

Related Controls: See also 1B201

Related Definitions: Components and accessories controlled by this

entry include molds, mandrels, dies, fixtures and tooling for the

preform processing, curing, casting, sintering or bonding of

composite structures, laminates and manufactures thereof

Items: a. Filament winding machines of which the motions for

positioning, wrapping and winding fibers can be coordinated and

programmed in three or more axes, designed to fabricate composite

structures or laminates from fibrous or filamentary materials, and

coordinating and programming controls;

b. Tape-laying machines of which the motions for positioning and

laying tape and sheets can be coordinated and programmed in two or

more axes, designed for the manufacture of composite airframe and

``missile'' structures;

c. Equipment designed or modified for the ``production'' of

``fibrous or filamentary materials'' as follows:

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

polyacrylonitrile, rayon or polycarbosilane) including special

provision to strain the fiber during heating;

c.2. Equipment for the vapor deposition of elements or compounds

on heated filament substrates; and

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

as aluminum oxide);

d. Equipment designed or modified for special fiber surface

treatment or for producing prepregs and preforms controlled by

9A110.

Note: Equipment covered in 1B101.d includes but is not limited

to, rollers, tension stretchers, coating equipment, cutting

equipment and clicker dies.

1B115 Equipment for the ``production'', handling and acceptance

testing of propellants or propellant constituents controlled by 1C011,

1C111 or on the U.S. Munitions List, and specially designed components

therefor.

License Requirements

Reason for Control: MT, AT

Control(s) Country Chart

MT applies to entire entry............. MT Column 1

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: Equipment in number; components in $ value

Related Controls: (1) The only batch or continuous mixers controlled

by this entry are those which have provision for mixing under vacuum

in the range of zero to 13.326 kPa and with a temperature control

capacity of the mixing chamber: (a) Batch mixers having a total

volumetric capacity of 110 liters or more and at least one mixing/

kneeding shaft mounted off center; (b) Continuous mixers having two

or more mixing/kneeding shafts and capability to open the mixing

chamber. (2) For equipment specially designed for the production of

military propellants or propellant consistuents, see the U.S.

Munitions List. (3) This entry does control equipment for the

``production'', handling and acceptance testing of boron carbide

Related Definitions: N/A.

Items: The list of items controlled is contained in the ECCN heading

1B116 Specially designed nozzles for producing pyrolitically derived

materials formed on a mold, mandrel or other substrate from precursor

gases which decompose in the 1,573 K (1,300 deg.C) to 3,173 K (2,900

deg.C) temperature range at pressures of 130 Pa to 20 kPa.

License Requirements

Reason for Control: MT, AT

Control(s) Country Chart

MT applies to entire entry............. MT Column 1

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: Equipment in number

Related Controls: N/A

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

1B201 Filament winding machines, other than those controlled by 1B001

or 1B101, in which the motions for positioning, wrapping, and winding

fibers are coordinated and programmed in two or more axes, specially

designed to fabricate composite structures or laminates from ``fibrous

or filamentary materials'' and capable of winding cylindrical rotors of

diameter between 75 mm and 400 mm and lengths of 600 mm or greater and

coordinating and programming controls and precision mandrels therefor.

License Requirements

Reason for Control: NP, AT

Control(s) Country Chart

NP applies to entire entry............. NP Column 1

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value

Related Controls: N/A

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

1B225 Electrolytic cells for fluorine production with a production

capacity greater than 250 g of fluorine per hour.

License Requirements

Reason for Control: NP, AT

Control(s) Country Chart

NP applies to entire entry............. NP Column 1

AT applies to entire entry............. AT Column 1

License Exceptions

[[Page 2469]]

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value

Related Controls: N/A

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

1B226 Electromagnetic isotope separators, designed for or equipped

with, single or multiple ion sources capable of providing a total ion

beam current of 50 mA or greater.

License Requirements

Reason for Control: NP, AT

Control(s) Country Chart

NP applies to entire entry............. NP Column 1

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value

Related Controls: This entry includes separators capable of

enriching stable isotopes and separators with the ion sources and

collections both in the magnetic field and those configurations in

which they are external to the field

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

1B227 Ammonia synthesis converters or ammonia synthesis units in which

the synthesis gas (nitrogen and hydrogen) is withdrawn from an ammonia/

hydrogen high-pressure exchange column and the synthesized ammonia is

returned to that column.

License Requirements

Reason for Control: NP, AT

Control(s) Country Chart

NP applies to entire entry............. NP Column 1

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value

Related Controls: N/A

Related Definition: N/A

Items: The list of items controlled is contained in the ECCN

heading.

1B228 Hydrogen-cryogenic distillation columns having all of the

characteristics (see List of Items Controlled).

License Requirements

Reason for Control: NP, AT

Control(s) Country Chart

NP applies to entire entry............. NP Column 1

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value

Related Controls: Heavy water production equipment is also subject

to the export licensing authority of the Nuclear Regulatory

Commission. (See 10 CFR part 110.)

Related Definitions: ``Fine-grain stainless steels'' in this entry

are defined to be fine-grain austenitic stainless steels with an

ASTM (or equivalent standard) grain size number of 5 or greater

Items: a. Designed to operate with internal temperatures of 35 K

(-238 deg.C) or less;

b. Designed to operate at an internal pressure of 0.5 to 5 MPa

(5 to 50 atmospheres);

c. Constructed of ``fine-grain stainless steels'' of the 300

series with low sulphur content or equivalent cryogenic and

H2-compatible materials; and

d. With internal diameters of 1 m or greater and effective

lengths of 5 m or greater.

1B229 Water-hydrogen sulphide exchange tray columns constructed from

fine carbon steel with a diameter of 1.8 m or greater, which can

operate at a nominal pressure of 2 MPa or greater, and internal

contactors therefor.

License Requirements

Reason for Control: NP, AT

Control(s) Country Chart

NP applies to entire entry............. NP Column 1

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value

Related Controls: (1) See 0B004 for columns which are specially

designed or prepared for the production of heavy water. These items

are controlled on the NSG Trigger List (INFCIRC/254/part (2) See 10

CFR part 110 for heavy water production equipment subject to the

export licensing authority of the Nuclear Regulatory Commission

Related Definition: (1) This entry includes internal contactors of

the columns are segmented trays with an effective assembled diameter

of 1.8 m (6 ft.) or greater, are designed to facilitate

countercurrent contacting and constructed of materials resistant to

corrosion by hydrogen sulfide/water mixtures. These may be sieve

trays, valve trays, bubble cap trays or turbogrid trays. (2) Fine

carbon steel in this entry is defined to be steel with the

austenitic ASTM (or equivalent standard) grain size number of 5 or

greater. (3) Materials resistant to corrosion by hydrogen sulfide/

water mixtures in this entry are defined to be stainless steels with

a carbon content of 0.03% or less

Items: The list of items controlled is contained in the ECCN heading

1B230 Pumps circulating solutions of diluted or concentrated potassium

amide catalyst in liquid ammonia (KNH2/NH3), with

all of the characteristics (see List of Items Controlled).

License Requirements

Reason for Control: NP, AT

Control(s) Country Chart

NP applies to entire entry............. NP Column 1

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value

Related Controls: Heavy water production equipment is also subject

to the export licensing authority of the Nuclear Regulatory

Commission. (See 10 CFR part 110.)

Related Definitions: N/A

Items: a. Airtight (i.e., hermetically sealed);

b. For concentrated potassium amide solutions (1% or greater),

operating pressure of 1.5-60 MPa (15-600 atmospheres); for dilute

potassium amide solutions (less than 1%), operating pressure of 20-

60 MPa (200-600 atmospheres); and

c. A capacity greater than 8.5 m3/hr.

1B231 Tritium facilities, plant or equipment, as follows (see List of

Items Controlled).

License Requirements

Reason for Control: NP, AT

Control(s) Country Chart

NP applies to entire entry............. NP Column 1

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value

Related Controls: This entry does not control tritium, tritium

compounds, and mixtures containing tritium, or products or devices

thereof. See 10 CFR part 110 for tritium subject to the export

licensing authority of the Nuclear Regulatory Commission

Related Definitions: N/A

Items: a. Facilities or plant for the production, recovery,

extraction, concentration, or handling of tritium;

b. Equipment for tritium facilities or plant, as follows:

b.1. Hydrogen or helium refrigeration units capable of cooling

to 23 K (-250 C) or less, with heat removal capacity greater than

150 watts; or

b.2. Hydrogen isotope storage and purification systems using

metal hydrides as the storage, or purification medium.

1B232 Turboexpanders or turboexpander-compressor sets designed for

operation below 35 K (-238 deg. C) and a throughput of hydrogen gas of

1000 kg/hr or greater.

License Requirements

[[Page 2470]]

Reason for Control: NP, AT

Control(s) Country Chart

NP applies to entire entry............. NP Column 1

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value

Related Controls: N/A

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading

1B233 Lithium isotope separation facilities, plant or equipment, as

follows (see List of Items Controlled).

License Requirements

Reason for Control:

Control(s): Items described in 1B233 are subject to the export

licensing authority of the Nuclear Regulatory Commission (see 10 CFR

part 110)

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: N/A

Related Controls: N/A

Related Definitions: N/A

Items: a. Facilities or plant for the separation of lithium

isotopes;

b. Equipment for the separation of lithium isotopes, as follows:

b.1. Packed liquid-liquid exchange columns specially designed

for lithium amalgams;

b.2. Mercury and/or lithium amalgam pumps;

b.3. Lithium amalgam electrolysis cells;

b.4. Evaporators for concentrated lithium hydroxide solution.

C. Materials

Technical Note: Metals and alloys: Unless provision to the

contrary is made, the words ``metals'' and ``alloys'' in 1C001 to

1C012 cover crude and semi-fabricated forms, as follows:

Crude forms: Anodes, balls, bars (including notched bars and

wire bars), billets, blocks, blooms, brickets, cakes, cathodes,

crystals, cubes, dice, grains, granules, ingots, lumps, pellets,

pigs, powder, rondelles, shot, slabs, slugs, sponge, sticks;

Semi-fabricated forms (whether or not coated, plated, drilled or

punched):

a. Wrought or worked materials fabricated by rolling, drawing,

extruding, forging, impact extruding, pressing, graining, atomizing,

and grinding, i.e.: angles, channels, circles, discs, dust, flakes,

foils and leaf, forging, plate, powder, pressings and stampings,

ribbons, rings, rods (including bare welding rods, wire rods, and

rolled wire), sections, shapes, sheets, strip, pipe and tubes

(including tube rounds, squares, and hollows), drawn or extruded

wire;

b. Cast material produced by casting in sand, die, metal,

plaster or other types of molds, including high pressure castings,

sintered forms, and forms made by powder metallurgy.

The object of the control should not be defeated by the export

of non-listed forms alleged to be finished products but representing

in reality crude forms or semi-fabricated forms.

1C001 Materials specially designed for use as absorbers of

electromagnetic waves, or intrinsically conductive polymers, as follows

(see List of Items Controlled).

License Requirements

Reason for Control: NS, MT, AT

Control(s) Country Chart

NS applies to entire entry............. NS Column 1

MT applies to entire entry............. MT Column 1

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: Kilograms

Related Controls: See also 1C101

Related Definitions: N/A

Items: a. Materials for absorbing frequencies exceeding 2 x 10\8\ Hz

but less than 3 x 10\12\ Hz.

Notes: 1. 1C001.a does not control:

a. Hair type absorbers, constructed of natural or synthetic

fibers, with non-magnetic loading to provide absorption;

b. Absorbers having no magnetic loss and whose incident surface

is non-planar in shape, including pyramids, cones, wedges and

convoluted surfaces;

c. Planar absorbers, having all of the following

characteristics:

1. Made from any of the following:

a. Plastic foam materials (flexible or non-flexible) with

carbon-loading, or organic materials, including binders, providing

more than 5% echo compared with metal over a bandwidth exceeding

15% of the center frequency of the incident energy, and

not capable of withstanding temperatures exceeding 450 K (177 deg.

C); or

b. Ceramic materials providing more than 20% echo compared with

metal over a bandwidth exceeding 15% of the center

frequency of the incident energy, and not capable of withstanding

temperatures exceeding 800 K (527 deg. C);

Technical Note: Absorption test samples for 1C001.a. Note 1.c.1

should be a square at least 5 wavelengths of the center frequency on

a side and positioned in the far field of the radiating element.

2. Tensile strength less than 7 x 10\6\ N/m\2\; and

3. Compressive strength less than 14 x 10\6\ N/m\2\;

d. Planar absorbers made of sintered ferrite, having:

1. A specific gravity exceeding 4.4; and

2. A maximum operating temperature of 548 K (275 deg. C).

Note 2: Nothing in 1C001.a releases magnetic materials to

provide absorption when contained in paint.

b. Materials for absorbing frequencies exceeding 1.5 x 10\14\ Hz

but less than 3.7 x 10 \14\ Hz and not transparent to visible light;

c. Intrinsically conductive polymeric materials with a bulk

electrical conductivity exceeding 10,000 S/m (Siemens per meter) or

a sheet (surface) resistivity of less than 100 ohms/square, based on

any of the following polymers:

c.1. Polyaniline;

c.2. Polypyrrole;

c.3. Polythiophene;

c.4. Poly phenylene-vinylene; or

c.5. Poly thienylene-vinylene.

Technical Note: Bulk electrical conductivity and sheet (surface)

resistivity should be determined using ASTM D-257 or national

equivalents.

1C002 Metal alloys, metal alloy powder and alloyed materials, as

follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, NP, AT

Control(s) Country Chart

NS applies to entire entry............. NS Column 2

NP applies to 1C002.a.2.c or a.2.d if NP Column 1

they exceed the parameters stated in

1C202.

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: $3000

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: Kilograms

Related Controls: See also 1C202. This entry does not control metal

alloys, metal alloy powder or alloyed materials for coating

substrates

Related Definition: N/A

Items: a. Metal alloys, as follows:

a.1. Nickel or titanium-based alloys in the form of aluminides,

as follows, in crude or semi-fabricated forms:

a.1.a. Nickel aluminides containing a minimum of 15 weight

percent aluminum, a maximum of 38 weight percent aluminum and at

least one additional alloying element;

a.1.b. Titanium aluminides containing 10 weight percent or more

aluminum and at least one additional alloying element;

a. 2. Metal alloys, as follows, made from metal alloy powder or

particulate material controlled by 1C002.b:

a.2.a. Nickel alloys with:

a.2.a.1. A stress-rupture life of 10,000 hours or longer at 923

K (650 deg. C) at a stress of 676 MPa; or

a.2.a.2. A low cycle fatigue life of 10,000 cycles or more at

823 K (550 deg. C) at a maximum stress of 1,095 MPa;

a.2.b. Niobium alloys with:

a.2.b.1. A stress-rupture life of 10,000 hours or longer at

1,073 K (800 deg. C) at a stress of 400 MPa; or

a.2.b.2. A low cycle fatigue life of 10,000 cycles or more at

973 K (700 deg. C) at a maximum stress of 700 MPa;

a.2.c. Titanium alloys with:

[[Page 2471]]

a.2.c.1. A stress-rupture life of 10,000 hours or longer at 723

K (450 deg. C) at a stress of 200 MPa; or

a.2.c.2. A low cycle fatigue life of 10,000 cycles or more at

723 K (450 deg. C) at a maximum stress of 400 MPa;

a.2.d. Aluminum alloys with a tensile strength of:

a.2.d.1. 240 MPa or more at 473 K (200 deg. C); or

a.2.d.2. 415 MPa or more at 298 K (25 deg. C);

a.2.e. Magnesium alloys with a tensile strength of 345 MPa or

more and a corrosion rate of less than 1 mm/year in 3% sodium

chloride aqueous solution measured in accordance with ASTM standard

G-31 or national equivalents;

Technical Note 1: The metal alloys in 1C002.a are those

containing a higher percentage by weight of the stated metal than of

any other element.

Technical Note 2: Stress-rupture life should be measured in

accordance with ASTM standard E-139 or national equivalents.

Technical Note 3: Low cycle fatigue life should be measured in

accordance with ASTM Standard E-606 ``Recommended Practice for

Constant-Amplitude Low-Cycle Fatigue Testing'' or national

equivalents. Testing should be axial with an average stress ratio

equal to 1 and a stress-concentration factor (Kt) equal

to 1. The average stress is defined as maximum stress minus minimum

stress divided by maximum stress.

b. Metal alloy powder or particulate material for materials

controlled by 1C002.a, as follows:

b.1. Made from any of the following composition systems:

Technical Note: X in the following equals one or more alloying

elements.

b.1.a. Nickel alloys (Ni-Al-X, Ni-X-Al) qualified for turbine

engine parts or components, i.e. with less than 3 non-metallic

particles (introduced during the manufacturing process) larger than

100 m in 10\9\ alloy particles;

b.1.b. Niobium alloys (Nb-Al-X or Nb-X-Al, Nb-Si-X or Nb-X-Si,

Nb-Ti-X or Nb-X-Ti);

b.1.c. Titanium alloys (Ti-Al-X or Ti-X-Al);

b.1.d. Aluminum alloys (Al-Mg-X or Al-X-Mg, Al-Zn-X or Al-X-Zn,

Al-Fe-X or Al-X-Fe); or

b.1.e. Magnesium alloys (Mg-Al-X or Mg-X-Al); and

b.2. Made in a controlled environment by any of the following

processes:

b.2.a. ``Vacuum atomization'';

b.2.b. ``Gas atomization'';

b.2.c. ``Rotary atomization'';

b.2.d. ``Splat quenching'';

b.2.e. ``Melt spinning'' and ``comminution'';

b.2.f. ``Melt extraction'' and ``comminution''; or

b.2.g. ``Mechanical alloying'';

c. Alloyed materials, in the form of uncomminuted flakes,

ribbons or thin rods produced in a controlled environment by ``splat

quenching'', ``melt spinning'' or ``melt extraction'', used in the

manufacture of metal alloy powder or particulate material controlled

by 1C002.b.

1C003 Magnetic metals, of all types and of whatever form, having any

of the characteristics (see List of Items Controlled).

License Requirements

Reason for Control: NS, AT

Control(s) Country Chart

NS applies to entire entry............. NS Column 2

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: $3000

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: Kilograms

Related Controls: N/A

Related Definitions: N/A

Items: a. Initial relative permeability of 120,000 or more and a

thickness of 0.05 mm or less;

Technical Note: Measurement of initial permeability must be

performed on fully annealed materials.

b. Magnetostrictive alloys, having any of the following

characteristics:

b.1. A saturation magnetostriction of more than 5 x 10

-4; or

b.2. A magnetomechanical coupling factor (k) of more than 0.8;

c. Amorphous or nanocrystalline alloy strips, having all of the

following characteristics:

c.1. A composition having a minimum of 75 weight percent of

iron, cobalt or nickel;

c.2. A saturation magnetic induction (Bs) of 1.6 T or

more; and

c.3. Any of the following:

c.3.a. A strip thickness of 0.02 mm or less; or

c.3.b. An electrical resistivity of 2 x 10 -4; ohm

cm or more.

Technical Note: Nanocrystalline materials in 1C003.c are those

materials having a crystal grain size of 50 nm or less, as

determined by X-ray diffraction.

1C004 Uranium titanium alloys or tungsten alloys with a ``matrix''

based on iron, nickel or copper, having all of the characteristics (see

List of Items Controlled).

License Requirements

Reason for Control: NS, AT

Control(s) Country Chart

NS applies to entire entry............. NS Column 2

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: $3000

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: Kilograms

Related Controls: N/A

Related Definitions: N/A

Items: a. A density exceeding 17.5 g/cm \3\;

b. An elastic limit exceeding 1,250 MPa;

c. An ultimate tensile strength exceeding 1,270 Mpa; and

d. An elongation exceeding 8%.

1C005 ``Superconductive'' ``composite'' conductors in lengths

exceeding 100 m or with a mass exceeding 100 g, as follows (see List of

Items Controlled).

License Requirements

Reason for Control: NS, AT

Control(s) Country Chart

NS applies to entire entry............. NS Column 2

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: $1500

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: Kilograms

Related Controls: N/A

Related Definitions: N/A

Items: a. Multifilamentary ``superconductive'' ``composite''

conductors containing one or more niobium-titanium filaments:

a.1. Embedded in a ``matrix'' other than a copper or copper-

based mixed ``matrix''; or

a.2. Having a cross-section area less than 0.28 x

10-4 mm2 (6 m in diameter for

circular filaments);

b. ``Superconductive'' ``composite'' conductors consisting of

one or more ``superconductive'' filaments other than niobium-

titanium, having all of the following:

b.1. A ``critical temperature'' at zero magnetic induction

exceeding 9.85 K (-263.31 deg. C) but less than 24 K (-249.16 deg.

C);

b.2. A cross-section area less than 0.28 x 10-4

mm2; and

b.3. Remaining in the ``superconductive'' state at a temperature

of 4.2 K (-268.96 deg. C) when exposed to a magnetic field

corresponding to a magnetic induction of 12 T.

1C006 Fluids and lubricating materials, as follows (see List of Items

Controlled).

License Requirements

Reason for Control: NS, AT

Control(s) Country Chart

NS applies to entire entry............. NS Column 2

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: $3000

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: Barrels (55 U.S. gallons/ 209 liters)

Related Controls: N/A

Related Definitions: N/A

Items: a. Hydraulic fluids containing, as their principal

ingredients, any of the following compounds or materials:

a.1. Synthetic hydrocarbon oils or silahydrocarbon oils, having

all of the following:

Note: For the purpose of 1C006.a.1, silahydrocarbon oils contain

exclusively silicon, hydrogen and carbon.

a.1.a. A flash point exceeding 477 K (204 deg. C);

[[Page 2472]]

a.1.b. A pour point at 239 K (-34 deg. C) or less;

a.1.c. A viscosity index of 75 or more; and

a.1.d. A thermal stability at 616 K (343 deg. C); or

a.2. Chlorofluorocarbons, having all of the following:

Note: For the purpose of 1C006.a.2, chlorofluorocarbons contain

exclusively carbon, fluorine and chlorine.

a.2.a. No flash point;

a.2.b. An autogenous ignition temperature exceeding 977 K

(704 deg. C);

a.2.c. A pour point at 219 K (-54 deg. C) or less;

a.2.d. A viscosity index of 80 or more; and

a.2.e. A boiling point at 473 K (200 deg. C) or higher;

b. Lubricating materials containing, as their principal

ingredients, any of the following compounds or materials:

b.1. Phenylene or alkylphenylene ethers or thio-ethers, or their

mixtures, containing more than two ether or thio-ether functions or

mixtures thereof; or

b.2. Fluorinated silicone fluids with a kinematic viscosity of

less than 5,000 mm2/s (5,000 centistokes) measured at 298

K (25 deg. C);

c. Damping or flotation fluids with a purity exceeding 99.8%,

containing less than 25 particles of 200 m or larger in

size per 100 ml and made from at least 85% of any of the following

compounds or materials:

c.1. Dibromotetrafluoroethane;

c.2. Polychlorotrifluoroethylene (oily and waxy modifications

only); or

c.3. Polybromotrifluoroethylene;

d. Fluorocarbon electronic cooling fluids, having all of the

following characteristics:

d.1. Containing 85% by weight or more of any of the following,

or mixtures thereof:

d.1.a. Monomeric forms of perfluoropolyalkylether-triazines or

perfluoroaliphatic-ethers;

d.1.b. Perfluoroalkylamines;

d.1.c. Perfluorocycloalkanes; or

d.1.d. Perfluoroalkanes;

d.2. Density at 298 K (25 deg. C) of 1.5 g/ml or more;

d.3. In a liquid state at 273 K (0 deg. C); and

d.4. Containing 60% or more by weight of fluorine.

Technical Note: For the purpose of 1C006:

a. Flash point is determined using the Cleveland Open Cup Method

described in ASTM D-92 or national equivalents;

b. Pour point is determined using the method described in ASTM

D-97 or national equivalents;

c. Viscosity index is determined using the method described in

ASTM D-2270 or national equivalents;

d. Thermal stability is determined by the following test

procedure or national equivalents:

Twenty ml of the fluid under test is placed in a 46 ml type 317

stainless steel chamber containing one each of 12.5 mm (nominal)

diameter balls of M-10 tool steel, 52100 steel and naval bronze (60%

Cu, 39% Zn, 0.75% Sn);

The chamber is purged with nitrogen, sealed at atmospheric

pressure and the temperature raised to and maintained at 644

6 K (371 6 deg. C) for six hours;

The specimen will be considered thermally stable if, on

completion of the above procedure, all of the following conditions

are met:

1. The loss in weight of each ball is less than 10 mg/mm2 of

ball surface;

2. The change in original viscosity as determined at 311 K

(38 deg. C) is less than 25%; and

3. The total acid or base number is less than 0.40;

e. Autogenous ignition temperature is determined using the

method described in ASTM E-659 or national equivalents.

1C007 Ceramic base materials, non-``composite'' ceramic materials,

ceramic-``matrix'' ``composite'' materials and precursor materials, as

follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, MT, AT

Control(s) Country Chart

NS applies to entire entry............. NS Column 2.

MT applies to items in 1C007.d and .f MT Column 1.

when the dielectric constant is less

than 6 at frequencies from 100 Hz to

10,000 MHz for use in missile radomes.

AT applies to entire entry............. AT Column 1.

License Requirement Notes: See Sec. 743.1 of the EAR for

reporting requirements for exports under License Exceptions.

License Exceptions

LVS: $5000, except N/A for MT and for 1C007.e

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: Kilograms

Related Controls: See also 1C107

Related Definitions: N/A

Items: a. Base materials of single or complex borides of titanium

having total metallic impurities, excluding intentional additions,

of less than 5,000 ppm, an average particle size equal to or less

than 5 m and no more than 10% of the particles larger than

10 m;

b. Non-``composite'' ceramic materials in crude or semi-

fabricated form, composed of borides of titanium with a density of

98% or more of the theoretical density;

Note: 1C007.b does not control abrasives.

c. Ceramic-ceramic ``composite'' materials with a glass or

oxide-``matrix'' and reinforced with fibers made from any of the

following systems:

c.1. Si-N;

c.2. Si-C;

c.3. Si-Al-O-N; or

c.4. Si-O-N; having a ``specific tensile strength'' exceeding

12.7 x 103 m;

d. Ceramic-ceramic ``composite'' materials, with or without a

continuous metallic phase, incorporating particles, whiskers or

fibers, where carbides or nitrides of silicon, zirconium or boron

form the ``matrix'';

e. Precursor materials (i.e., special purpose polymeric or

metallo-organic materials) for producing any phase or phases of the

materials controlled by 1C007.c, as follows:

e.1. Polydiorganosilanes (for producing silicon carbide);

e.2. Polysilazanes (for producing silicon nitride);

e.3. Polycarbosilazanes (for producing ceramics with silicon,

carbon and nitrogen components);

f. Ceramic-ceramic ``composite'' materials with an oxide or

glass ``matrix'' reinforced with continuous fibers from any of the

following systems:

f.1. Al2O3; or

f.2. Si-C-N.

Note: 1C007.f does not control ``composites'' containing fibers

from these systems with a fiber tensile strength of less than 700

MPa at 1,273 K (1,000 deg. C) or fiber tensile creep resistance of

more than 1% creep strain at 100 MPa load and 1,273 K (1,000 deg. C)

for 100 hours.

1C008 Non-fluorinated polymeric substances, as follows (see List of

Items Controlled).

License Requirements

Reason for Control: NS, AT

Control(s) Country Chart

NS applies to entire entry............. NS Column 2

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: $200

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: Kilograms

Related Controls: N/A

Related Definitions: N/A

Items: a. Non-fluorinated polymeric substances, as follows:

a.1. Bismaleimides;

a.2. Aromatic polyamide-imides;

a.3. Aromatic polyimides;

a.4. Aromatic polyetherimides having a glass transition

temperature (Tg) exceeding 513 K (240 deg. C) determined

using the dry method described in ASTM D 3418;

Note: 1C008.a does not control non-fusible compression molding

powders or molded forms.

b. Thermoplastic liquid crystal copolymers having a heat

distortion temperature exceeding 523 K (250 deg. C) measured

according to ASTM D-648, method A, or national equivalents, with a

load of 1.82 N/mm2 and composed of:

b.1. Any of the following:

b.1.a. Phenylene, biphenylene or naphthalene; or

b.1.b. Methyl, tertiary-butyl or phenyl substituted phenylene,

biphenylene or naphthalene; and

b.2. Any of the following acids:

b.2.a. Terephthalic acid;

b.2.b. 6-hydroxy-2 naphthoic acid; or

b.2.c. 4-hydroxybenzoic acid;

c. Polyarylene ether ketones, as follows:

c.1. Polyether ether ketone (PEEK)

c.2. Polyether ketone ketone (PEKK);

c.3. Polyether ketone (PEK);

c.4. Polyether ketone ether ketone ketone (PEKEKK);

d. Polyarylene ketones;

[[Page 2473]]

e. Polyarylene sulphides, where the arylene group is

biphenylene, triphenylene or combinations thereof;

f. Polybiphenylenethersulphone.

Technical Note: The glass transition temperature (Tg)

for 1C008 materials is determined using the method described in ASTM

D 3418 using the dry method.

1C009 Unprocessed fluorinated compounds, as follows (see List of Items

Controlled).

License Requirements

Reason for Control: NS, AT

Control(s) Country Chart

NS applies to entire entry............. NS Column 2

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: $5000

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: Kilograms

Related Controls: N/A

Related Definitions: N/A

Items: a. Copolymers of vinylidene fluoride having 75% or more beta

crystalline structure without stretching;

b. Fluorinated polyimides containing 10% by weight or more of

combined fluorine;

c. Fluorinated phosphazene elastomers containing 30% by weight

or more of combined fluorine.

1C010 ``Fibrous or filamentary materials'' which may be used in

organic ``matrix'', metallic ``matrix'' or carbon ``matrix''

``composite'' structures or laminates, as follows (see List of Items

Controlled).

License Requirements

Reason for Control: NS, NP, AT

Control(s) Country Chart

NS applies to entire entry............. NS Column 2

NP applies to 1C010.a (aramid ``fibrous NP Column 1

or filamentary materials'', .b (carbon

``fibrous and filamentary

materials''), and e.1 for ``fibrous

and filamentary materials'' that meet

or exceed the control criteria of ECCN

1C210.

AT applies to entire entry............. AT Column 1

License Requirement Notes: See Sec. 743.1 of the EAR for

reporting requirements for exports under License Exceptions.

License Exceptions

LVS: $1500, N/A for NP

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: Kilograms

Related Controls: See also 1C210, 1C990, and 9A110 for material not

controlled by 1C010.e, as defined by technical notes 1 or 2. Note

that some items in 1C010.e are also controlled under 9A110

Related Definitions: (1) Specific modulus: Young's modulus in

pascals, equivalent to N/m2 divided by specific weight in

N/m3, measured at a temperature of (2962) K

((23+2) C) and a relative humidity of (505)%. (2)

Specific tensile strength: ultimate tensile strength in pascals,

equivalent to N/m2 divided by specific weight in N/

m3, measured at a temperature of (2962) K

((232) C) and a relative humidity of (505)%

Items: a. Organic ``fibrous or filamentary materials'', having all

of the following:

a.1. A specific modulus exceeding 12.7 x 106 m; and

a.2. A specific tensile strength exceeding 23.5 x 104

Note: 1C010.a does not control polyethylene.

b. Carbon ``fibrous or filamentary materials'', having all of

the following:

b.1. A specific modulus exceeding 12.7 x 106 m; and

b.2. A specific tensile strength exceeding 23.5 x 104

Technical Note: Properties for materials described in 1C010.b

should be determined using SACMA recommended methods SRM 12 to 17,

or national equivalent tow tests, such as Japanese Industrial

Standard JIS-R-7601, Paragraph 6.6.2, and based on lot average.

Note: 1C010.b does not control fabric made from ``fibrous or

filamentary materials'' for the repair of aircraft structures or

laminates, in which the size of individual sheets does not exceed 50

cm x 90 cm.

c. Inorganic ``fibrous or filamentary materials'', having all of

the following:

c.1. A specific modulus exceeding 2.54 x 106 m; and

c.2. A melting, softening, decomposition or sublimation point

exceeding 1,922 K (1,649 deg.C) in an inert environment;

Note: 1C010.c does not control:

1. Discontinuous, multiphase, polycrystalline alumina fibers in

chopped fiber or random mat form, containing 3 weight percent or

more silica, with a specific modulus of less than

10 x 106 m;

2. Molybdenum and molybdenum alloy fibers;

3. Boron fibers;

4. Discontinuous ceramic fibers with a melting, softening,

decomposition or sublimation point lower than 2,043 K (1,770 deg.C)

in an inert environment.

d. ``Fibrous or filamentary materials'':

d.1. Composed of any of the following:

d.1.a. Polyetherimides controlled by 1C008.a; or

d.1.b. Materials controlled by 1C008.b to 1C008.f; or

d.2. Composed of materials controlled by 1C010.d.1.a or

1C010.d.1.b and ``commingled'' with other fibers controlled by

1C010.a, 1C010.b or 1C010.c;

e. Resin-impregnated or pitch-impregnated fibers (prepregs),

metal or carbon-coated fibers (preforms) or ``carbon fiber

preforms'', as follows:

e.1. Made from ``fibrous or filamentary materials'' controlled

by 1C010.a, 1C010.b or 1C010.c;

e.2. Made from organic or carbon ``fibrous or filamentary

materials'':

e.2.a. With a ``specific tensile strength'' exceeding

17.7x104 m;

e.2.b. With a ``specific modulus'' exceeding

10.15 x 106 m;

e.2.c. Not controlled by 1C010.a or 1C010.b; and

e.2.d. When impregnated with materials controlled by 1C008 or

1C009.b, having a glass transition temperature (Tg)

exceeding 383 K (110 deg.C) or with phenolic or epoxy resins,

having a glass transition temperature (Tg) equal to or

exceeding 418 K (145 deg.C).

Notes: 1C010.e does not control:

1. Epoxy resin ``matrix'' impregnated carbon ``fibrous or

filamentary materials'' (prepregs) for the repair of aircraft

structures or laminates, in which the size of individual sheets of

prepreg does not exceed 50 cm x 90 cm;

2. Prepregs when impregnated with phenolic or epoxy resins

having a glass transition temperature (Tg) less than 433

K (160 deg.C) and a cure temperature lower than the glass

transition temperature.

Technical Note: The glass transition temperature (Tg)

for 1C010.e materials is determined using the method described in

ASTM D 3418 using the dry method. The glass transition temperature

for phenolic and epoxy resins is determined using the method

described in ASTM D 4065 at a frequency of 1 Hz and a heating rate

of 2 K per minute using the dry method.

1C011 Metals and compounds, as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, MT, AT

Control(s) Country Chart

NS applies to entire entry............. NS Column 1

MT applies to 1C011.a and .b........... MT Column 1

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: N/A

Related Controls: (1) See also 1C111. (2) Items controlled by

1C011.a, and metal fuels in particle form, whether spherical,

atomized, spheroidal, flaked or ground, manufactured from material

consisting of 99 percent or more of items controlled by 1C011.b. are

subject to the export licensing authority of the U.S. Department of

State, Office of Defense Trade Controls (see 22 CFR part 121)

Related Definitions: N/A

Items: a. Metals in particle sizes of less than 60 m

whether spherical, atomized, spheroidal, flaked or ground,

manufactured from material consisting of 99% or more of zirconium,

magnesium and alloys of these;

N.B.: The metals or alloys listed in 1C011.a are controlled

whether or not the metals or alloys are encapsulated in aluminum,

magnesium, zirconium or beryllium.

b. Boron or boron carbide of 85% purity or higher and a particle

size of 60 m or less;

[[Page 2474]]

N.B.: The metals or alloys listed in 1C011.b are controlled

whether or not the metals or alloys are encapsulated in aluminum,

magnesium, zirconium or beryllium.

c. Guanidine nitrate.

1C012 Materials for nuclear heat sources, as follows (see List of

Items Controlled).

License Requirements

Reason for Control:

Control(s): Items described in 1C012 are subject to the export

licensing authority of the Nuclear Regulatory Commission (see 10 CFR

part 110)

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: N/A

Related Controls: N/A

Related Definitions: N/A

Items: a. Plutonium in any form with a plutonium isotopic assay of

plutonium-238 of more than 50% by weight;

Note: 1C012.a does not control:

1. Shipments with a plutonium content of 1 g or less;

2. Shipments of 3 effective grams or less when contained in a

sensing component in instruments.

b. Previously separated neptunium-237 in any form.

Note: 1C012.b does not control shipments with a neptunium-237

content of 1 g or less.

1C018 Materials on the International Munitions List.

License Requirements

Reason for Control: NS, AT

Control(s) Country Chart

NS applies to entire entry............. NS Column 1

AT applies to entire entry............. AT Column 1

License Exceptions

LVS: $3000

GBS: Yes for items listed in Advisory Note to 1C018

CIV: N/A

List of Items Controlled

Unit: Kilograms

Related Controls: N/A

Related Definitions: N/A

Items: a. Ethyl and Methyl centralites.

b. NN-Diphenylurea (unsymmetrical diphenylurea).

c. Methyl-NN-diphenylurea (methyl unsymmetrical diphenylurea).

d. Ethyl-NN-diphenylurea (ethyl unsymmetrical diphenylurea).

e. Ethyl phenyl urethane.

f. Diphenyl urethane.

g. Diortho tolyl-urethane.

h. 2-Nitrodiphenylamine.

i. p-Nitromethylaniline.

j. 2,2' Dinitropropanol.

k. Bis(2,2' dinitropropyl) formal and acetal.

l. 3-Nitraza-1,5 pentane diisocyanate.

m. Guanidine nitrate.

n. Hydrogen peroxide in concentrations of 85%.

o. Charges specially designed for civilian applications,

containing military explosives, except those items described in

1C992.

Technical Note: Military high explosives are solid, liquid or

gaseous substances or mixtures of substances that, in their

application as primary, booster, or main charges in warheads,

demolition and other military applications, are required to

detonate.

Advisory Note: Licenses are likely to be approved for export and

reexport to satisfactory end-users in Country Group D:1 of certain

explosive substances and mixtures in reasonable quantities for

civilian or industrial purposes when made into cartridges or charges

of an exclusively civilian or industrial nature, such as propellants

for sporting purposes or shooting gallery practice; cartridges for

riveting guns; and explosive charges for agricultural purposes,

public works, mines, quarries or oil-well drilling. The following

are the substances or mixtures to which this procedure applies:

a. Nitrate-based (40 percent or more) and provided they do not

contain more than 40 percent nitroglycol/nitroglycerin

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