[Federal Register: July 14, 1998 (Volume 63, Number 134)]

[Rules and Regulations]

[Page 37767-37774]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr14jy98-7]

===============================================================

July 9, 1998

Billing Code: 3510-DT-P

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 740, 746, and 774

Docket No. [980522136-8136-01]

RIN 0694-AB69

Exports to the Federal Republic of Yugoslavia (Serbia and Montenegro); Imposition of Foreign Policy Controls

AGENCY: Bureau of Export Administration

ACTION: Final rule.

SUMMARY: Reacting to the use of excessive force by Serbian police forces against civilians in Kosovo, as well as acts of violence by the Kosovar Albanian extremists and fulfilling United States obligations to implement an international arms embargo mandated by the United Nations Security Council, the United States has banned the sale and supply of arms and related matériel of all types to the Federal Republic of Yugoslavia (Serbia and Montenegro). To supplement the State Department controls on items on the U.S. Munitions List, the Bureau of Export Administration (BXA) is designating certain items on the Commerce Control List (CCL) that are subject to the arms embargo and establishing a policy of denial to the Federal Republic of Yugoslavia (Serbia and Montenegro) on such items. No embargoed items may be exported to the Federal Republic of Yugoslavia (Serbia and Montenegro) under any License Exception, including shipments of limited value (LVS).

In addition, this rule makes certain editorial revisions to the Export Administration Regulations relating to embargoes and other special controls.

EFFECTIVE DATE: This rule is effective [DATE OF PUBLICATION].

FOR FURTHER INFORMATION CONTACT: Patricia Muldonian, Regulatory Policy Division, Bureau of Export Administration, Telephone: (202) 482-2440.

SUPPLEMENTARY INFORMATION:

Background

In Resolution 1160 of March 31, 1998, the United Nations Security Council (UNSC) directs all member states to prohibit the sale or supply to the Federal Republic of Yugoslavia, including Kosovo, by their nationals or from their territories or using their flag vessels and aircraft, of arms and related matériel of all types, such as weapons and ammunition, military vehicles and equipment, and spare parts for the aforementioned and to prevent arming and training for terrorist activities there. Therefore, consistent with the UNSC Resolution 1160, the Bureau of Export Administration is imposing new license requirements and a policy of denial on arms-related items and certain other items on the Commerce Control List that could be used for terrorist activities or to repress the civilian population. These items include shotguns, ammunition, military vehicles, equipment for production of military explosives, bulletproof vests, night vision equipment, crime and crowd control equipment, and items that may be used to arm and train individuals for terrorist activities. Many of these items are already subject to license application requirements under the Export Administration Regulations for export to the Federal Republic of Yugoslavia (Serbia and Montenegro). However, this action imposes export license requirements on additional items, such as water cannons.

Executive Order 12918 of May 26, 1994 delegates authority, inter alia, under section 5 of the United Nations Participation Act, 22 USC 287c, to take such actions as may be necessary to carry out this arms embargo against the Federal Republic of Yugoslavia (Serbia and Montenegro) to the Secretary of Commerce and the Secretary of State, for the types of arms and related matériel that come under their respective jurisdictions. To carry out this delegation to the Secretary of Commerce, the Bureau of Export Administration (BXA) sets forth the policies in §746.9 of the EAR and designates certain items on the Commerce Control List (CCL) that are subject to the arms embargo and a policy of denial to the Federal Republic of Yugoslavia (Serbia and Montenegro), effective [DATE OF PUBLICATION]. The Department of State has maintained a denial policy against issuing licenses or other authorizations for defense articles and services to the Federal Republic of Yugoslavia (Serbia and Montenegro) since 1991. This action is taken consistent with the provisions of the EAA and after consultation with the Secretary of State. BXA submitted a foreign policy report to the Congress indicating the imposition of new foreign policy controls on June 30, 1998.

Although the Export Administration Act (EAA) expired on August 20, 1994, the President invoked the International Emergency Economic Powers Act and continued in effect the EAR, and to the extent permitted by law, the provisions of the EAA in Executive Order 12924 of August 19, 1994, as extended by the President's notices of August 15, 1995 (60 FR 42767), August 14, 1996 (61 FR 42527) and August 13, 1997 (62 FR 43629).

Rulemaking Requirements

1. This final rule has been determined to be significant for purposes of E.O. 12866.

2.	This rule involves a collection of information subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). These collections have been approved by the Office of Management and Budget under control number 0694-0088. Not withstanding any other provision of law, no person is required to respond 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, unless that collection of information displays a currently valid OMB Control Number.

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 final 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. 553 or by any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable.

Therefore, this regulation is issued in final form. Although there is no formal comment period, public comments on this regulation are welcome on a continuing basis. Comments

should be submitted to Patricia Muldonian, Regulatory Policy Division, Bureau of Export Administration, Department of Commerce, P.O. Box 273, Washington, DC 20044.

List of Subjects

15 CFR Part 740

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

15 CFR Part 746

Embargoes, Exports, Foreign trade, Reporting and recordkeeping requirements.

15 CFR Part 774

Exports, Foreign trade, Reporting and recordkeeping requirements.

Accordingly, parts 740, 746, and 774 of the Export Administration Regulations (15 CFR parts 730-799) are amended as follows:

1. 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, 3 CFR, 1994 Comp., p. 917; E.O. 13020, 3 CFR, 1996 Comp. p. 219; E.O. 13026, 3 CFR, 1996 Comp., p. 228; Notice of August 13, 1997 (62 FR 43629, August 15, 1997).

2. 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, 6004; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 12924, 3 CFR, 1994 Comp., p. 917; Notice of August 13, 1997 (62 FR 43629, August 15, 1997).

3. The authority citation for part 774 is revised to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 7420, 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. 287c, 3201 et seq., 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, 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; E.O. 12924, 3 CFR, 1994 Comp., p. 917; E.O. 13020, 3 CFR, 1996 Comp. p. 219;

E.O. 13026, 3 CFR, 1996 Comp., p. 228; Notice of August 13, 1997 (62 FR 43629, August 15, 1997).

PART 740 - [AMENDED]

4. Supplement No. 1 to part 740 is amended by revising Country Group E, to read as follows:

Supplement No. 1 to Part 740

*	*	*	*	*

Country Group E

[E:1]	[E:2]
Country	UN	Unilateral
Embargo	Embargo
Angola	X
Cuba	X
Iraq	X
Korea, North	X
Libya	X	X
Rwanda	X
Serbia & Montenegro	X

PART 746 - [AMENDED]

5. Section 746.8 is amended by revising paragraph (b)(1)(ii) to read as follows:

§746.8 Rwanda.

* * * * *

(b) * * *	(1) * * *

(ii) Items described by ECCNs ending in "018"; and 0A982, 0A984, 0A985, 0A986, 0A988, 0B986, 0E984, 1A005, 5A980, 6A002.a.1, a.2,a.3 and c, 6A003.b.3 and b.4, 6E001, 6E002, and 9A991.a.

* * * * *

6. A new section 746.9 is added to read as follows:

§746.9 The Federal Republic of Yugoslavia (Serbia and Montenegro).

Under Resolution 1160 of March 31, 1998, the United Nations Security Council (UNSC) directs all member states to prevent the sale or supply to the Federal Republic of Yugoslavia, including Kosovo, by their nationals or from their territories or using their flag vessels and aircraft, of arms and related matériel of all types, such as weapons and ammunition, military vehicles and equipment and spare parts for the aforementioned, and to prevent the arming and training for terrorist activities there. Executive Order 12918 of May 26, 1994 (3 CFR, 1994 comp., p. 899) authorizes the Secretary of State and the Secretary of Commerce, under section 5 of the United Nations Participation Act and other authorities available to the respective Secretaries, to take all actions necessary to implement any arms embargo mandated by resolution of the United Nations Security Council.

(a) License requirements. Under Executive Order 12918 of May 26, 1994, and in conformity with United Nations Security Council (UNSC) Resolution 1160 of March 31, 1998, an embargo applies to the sale or supply to the Federal Republic of Yugoslavia, including Kosovo, of arms and related matériel of all types and regardless of origin, such as weapons and ammunition, military vehicles and equipment, and spare parts for such items. You will therefore need a license for the sale, supply or export to the Federal Republic of Yugoslavia (Serbia and Montenegro) from the United States of embargoed items, as listed in paragraphs (a)(1)(i) and (ii) of this section. You will also need a license for the sale, supply, export or reexport to the Federal Republic of Yugoslavia (Serbia and Montenegro) of such items by any United States person in any foreign country or other location. (Reexport controls imposed by this embargo apply only to reexports by U.S. persons. Reexport controls on U.S.-origin items to the Federal Republic of Yugoslavia (Serbia and Montenegro) set forth in other parts of the EAR remain in effect.) You will also need a license for the use of any U.S.- registered aircraft or vessel to supply or transport to the Federal Republic of Yugoslavia (Serbia and Montenegro) any such items. These requirements apply to embargoed items, regardless of origin.

(i) Crime Control and Detection Equipment as identified on the CCL under CC Columns No. 1, 2 or 3 in the Country Chart column of the "License Requirements" section of the applicable ECCN.

(ii) Items described by ECCNs ending in "018"; and 0A982, 0A984, 0A985, 0A986, 0A988, 0A989, 0B986, 0E984, 1A005, 1C998, 2A993, 6A002.a.1, a.2, a.3, b and c, 6A003.b.3 and b.4, 6E001, 6E002, and 9A991.a.

(2) Date of embargo. The licensing requirements in this section are effective on [DATE OF PUBLICATION].

(b) Licensing policy. Applications for export or reexport of all items listed in paragraphs (a)(1)(i) and (ii) of this section are subject to a general policy of denial. Consistent with United Nations Security Council Resolution 1160, this embargo is effective notwithstanding the existence of any rights or obligations conferred or imposed by any international agreement or any contract entered into or any license or permit granted prior to [DATE OF PUBLICATION], except to the extent provided in regulations, orders, directives or licenses that may be issued in the future under Executive Order 12918 or under the EAR.

(c) Related controls. The Department of State, Office of Defense Trade Controls, maintains related controls on arms and military equipment under the International Traffic in Arms Regulations (22 CFR parts 120-130). You should also contact the Department of the Treasury's Office of Foreign Assets Control concerning any restrictions which might apply to U.S. persons involving financial transactions with the Federal Republic of Yugoslavia (Serbia and Montenegro).

7. Supplement No. 3 to part 746 is removed and reserved.

PART 774 - [AMENDED]

SUPPLEMENT NO. 1 TO PART 774 - [AMENDED]

8. In Category 0 - Nuclear Materials, Facilities, and Equipment [and Miscellaneous Items], the following Export Control Classification Numbers (ECCNs) are amended:

a. By revising the "License Requirements" section and the "License Exceptions" section for ECCN 0A018;

b. By revising the entry heading and the "License Requirements" section for ECCN 0A982;

c. By revising the "License Requirements" section for ECCNs 0A984, 0A985, 0A986, 0A988, 0B986 and 0E984;

d. By adding a new entry for 0A989; and

e. By revising the "License Requirements" section and the "License Exceptions" section for ECCN 0E108, to read as follows:

0A018 Items on the International Munitions List.

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; Federal	Republic of
Yugoslavia (Serbia
and Montenegro)

License Exceptions

LVS: $1500, except $0 for Rwanda and the Federal Republic of	Yugoslavia (Serbia and Montenegro)

GBS: N/A

CIV: N/A

* * * * *

0A982 Saps; thumbcuffs, leg irons, shackles, and handcuffs; straight jackets, plastic handcuffs, 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	CC Column 1

UN applies to entire entry	Rwanda; Federal	Republic of	Yugoslavia	(Serbia and	Montenegro)

* * * * *

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	CC Column 1

with a barrel 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	CC Column 2

with a barrel length greater than

or equal to 24 in. (60.96 cm),

regardless of end-user

CC applies to shotguns	CC Column 3

with a barrel 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; Federal	Republic of	Yugoslavia	(Serbia and	Montenegro)

* * * * *

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; Federal	Republic of	Yugoslavia	(Serbia and	Montenegro)

* * * * *

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

License Requirements

Reason for Control: UN

UN applies to entire entry. A license is required for items controlled by this entry to Rwanda and the Federal Republic of Yugoslavia (Serbia and Montenegro). The Commerce Country Chart is not designed to determine licensing requirements for this entry. See part 746 of the EAR for additional information.

* * * * *

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

License Requirements

Reason for Control: UN

Controls(s)

UN applies to entire entry. A license is required for conventional military steel helmets as described by 0A018.f.1 to Rwanda and the Federal Republic of Yugoslavia (Serbia and Montenegro). A license is required for machetes to Rwanda. The Commerce Country Chart is not designed to determine licensing requirements for this entry. See part 746 of the EAR for additional information.

* * * * *

0A989 Water cannon and specially designed components for water cannon.

License Requirements

Reason for Control: UN

Control(s)

UN applies to entire entry. A license is required for items controlled by this entry to the Federal Republic of Yugoslavia (Serbia and Montenegro). The Commerce Country Chart is not designed to determine licensing requirements for this entry. See §746.9 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.

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 Rwanda and the Federal Republic of Yugoslavia (Serbia and Montenegro). The Commerce Country Chart is not designed to determine licensing requirements for this entry. See part 746 of the EAR for additional information.

* * * * *

0E018 "Technology" for the "development", "production", or "use" of items controlled by 0A018.b through 0A018.e.

License Requirements

Reason for Control: NS, UN, AT

Control(s)	Country Chart

NS applies to entire entry	NS Column 1

UN applies to entire entry	Rwanda; Federal
Republic of
Yugoslavia (Serbia
and Montenegro)

AT applies to entire entry	AT Column 1

License Exceptions

CIV: N/A

TSR: Yes, except N/A for Rwanda and the Federal Republic of	Yugoslavia (Serbia and Montenegro)

* * * * *

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"	CC Column 1

for 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"	CC Column 2

for shotguns with a barrel

length greater than or equal to

24 in. (60.96 cm), regardless

of end-user

CC applies to "technology"	CC Column 3

for shotguns with a barrel

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; Federal	Republic of	Yugoslavia	(Serbia and
Montenegro)

* * * * *

9. In Category 1 - Materials, Chemicals, "Microorganisms" & "Toxins", the following Export Control Classification Numbers (ECCNs) are amended:

a. By revising the "License Requirements" section for ECCNs 1A005 and 1D018;

b. By adding a new entry for 1C998; and

c. By revising the "License Requirements" section and the "License Exceptions" section for ECCNs 1B018 and 1C018, to read as follows:

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, AT, UN

Control(s)	Country Chart

NS applies to entire entry	NS Column 2

AT applies to entire entry	AT Column 1

UN applies to entire entry	Rwanda; Federal	Republic of	Yugoslavia	(Serbia and	Montenegro)

* * * * *

1B018 Equipment on the International Munitions List.

License Requirements

Reason for Control: NS, MT, RS, AT, UN

Control(s)	Country Chart

NS applies to entire entry	NS Column 1

MT applies to equipment	MT Column 1

for the "production" of

rocket propellants.

RS applies to 1B018.a	RS Column 2

AT applies to entire entry	AT Column 1

UN applies to entire entry	Rwanda; Federal
Republic of
Yugoslavia (Serbia
and Montenegro)

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

N/A for Rwanda and the Federal Republic of Yugoslavia	(Serbia and Montenegro)

GBS: N/A

CIV: N/A

* * * * *

1C018 Materials on the International Munitions List.

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; Federal
Republic of
Yugoslavia (Serbia
and Montenegro)

License Exceptions

LVS: $3000, except N/A for Rwanda and the Federal Republic	of Yugoslavia (Serbia and Montenegro)

GBS:	Yes for items listed in Advisory Note to 1C018, except N/A for Rwanda and the Federal Republic of Yugoslavia (Serbia and Montenegro)

CIV: N/A

* * * * *

1C998 Detonation cords and equipment and explosive material (n.e.s).

License Requirements

Reason for Control: UN

Control(s)	Country Chart

UN applies to entire entry	Federal
Republic of
Yugoslavia
(Serbia and
Montenegro)

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value

Related Controls: N/A

Related Definitions: Items contained in this entry are those materials other than materials subject to the licensing authority of the U.S. Department of State, Office of Defense Trade Controls (see 22 CFR part 121) and ECCN 1C018.

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

1D018 "Software" specially designed or modified for the "development", "production", or "use" of items controlled by 1B018.

License Requirements

Reason for Control: NS, MT, AT, UN

Control(s)	Country Chart

NS applies to entire entry	NS Column 1

MT applies to "software"	MT Column 1

for the "development",

"production", or "use" of

items controlled by 1B018

for MT reasons.

AT applies to entire entry	AT Column 1

UN applies to entire entry	Rwanda; Federal
Republic of
Yugoslavia (Serbia
and Montenegro)

* * * * *

10. In Category 2 - Materials Processing, Export Control Classification Numbers (ECCNs) are amended:

a. By revising the "License Requirements" section for ECCN 2A993; and

b. By revising the "License Requirements" section and the "License Exceptions" sections for ECCNs	2B018, 2D018, and 2E018, to read as follows:

2A993 Explosive detection systems, consisting of an automated device, or combination of devices, with the ability to detect the presence of different types of explosives, in passenger checked baggage, without need for human skill, vigilance, or judgment.

License Requirements

Reason for Control: AT, UN

Control(s)	Country Chart

AT applies to entire entry	AT Column 1

UN applies to entire entry	Federal Republic of
Yugoslavia (Serbia and	Montenegro)

* * * * *

2B018 Equipment on the International Munitions List.

License Requirements

Reason for Control: NS, MT, RS, AT, UN

Control(s)	Country Chart

NS applies to entire entry	NS Column 1

MT applies to specialized	MT Column 1

machinery, equipment, and

gear for producing rocket

systems (including ballistic

missile systems, space launch

vehicles, and sounding

rockets) and unmanned air

vehicle systems (including

cruise missile systems, target

drones, and reconnaissance

drones) usable in systems that

are controlled for MT reasons

including their propulsion

systems and components, and

pyrolytic deposition and

densification equipment.

RS applies to entire entry	RS Column 2

AT applies to entire entry	AT Column 1

UN applies to entire entry	Rwanda; Federal
Republic of
Yugoslavia (Serbia
and Montenegro)

License Exceptions

LVS: $3000, except N/A for Rwanda and the Federal Republic	of Yugoslavia (Serbia and Montenegro)

GBS:	Yes for Advisory Note in this entry to 2B018, except N/A for Rwanda and the Federal Republic of Yugoslavia (Serbia and Montenegro)

CIV: N/A

* * * * *

2D018 "Software" for the "development", "production" or "use" of equipment controlled by 2B018.

License Requirements

Reason for Control: NS, MT, AT, UN

Control(s)	Country Chart

NS applies to entire entry	NS Column 1

MT applies to "software"	MT Column 1

for equipment controlled by

2B018 for MT reasons

AT applies to entire entry	AT Column 1

UN applies to entire entry	Rwanda; Federal
Republic of
Yugoslavia (Serbia
and Montenegro)

License Exceptions

CIV: N/A

TSR: Yes, except N/A for Rwanda and the Federal Republic of Yugoslavia (Serbia and Montenegro)

* * * * *

2E018 "Technology" for the "use" of equipment controlled by 2B018.

License Requirements

Reason for Control: NS, MT, AT, UN

Control(s)	Country Chart

NS applies to entire entry	NS Column 1

MT applies to "technology"	MT Column 1

for equipment controlled by

2B018 for MT reasons

AT applies to entire entry	AT Column 1

UN applies to entire entry	Rwanda; Federal	Republic of	Yugoslavia	(Serbia and	Montenegro)

License Exceptions

CIV: N/A

TSR: Yes, except N/A for Rwanda and the Federal Republic of	Yugoslavia (Serbia and Montenegro)

* * * * *

11. In Category 6 - Sensors and Lasers, the following Export Control Classification Numbers (ECCNs) are amended:

a. By revising the "License Requirements" section for ECCNs 6A002, and 6A003;

b. By revising the entry heading and the "License Requirements" section for ECCNs 6E001 and 6E002; and

c. By revising the "License Requirement" section and the "License Exceptions" section for ECCN 6A018, to read as follows:

6A002 Optical sensors.

License Requirements

Reason for Control: NS, MT, CC, RS, AT, UN

Control(s)	Country Chart

NS applies to entire entry	NS Column 2

MT applies to optical	MT Column 1

detectors in 6A002.a.1, a.3,

and .e that are specially designed or

rated as electromagnetic (including

"lasers") and ionized particle

radiation resistant

RS applies to 6A002.a.1, a.2,	RS Column 1

a.3 and .c

CC applies to police-model	CC Column 1

infrared viewers in 6A002.c

AT applies to entire entry	AT Column 1

UN applies to 6A002.a.1, a.2	Rwanda; Federal

a.3, and c.	Republic of
Yugoslavia	(Serbia and

Montenegro)

UN applies to 6A002.b	Federal
Republic of
Yugoslavia
(Serbia and
Montenegro)

License Requirement Notes: See §743.1 of the EAR for reporting requirements for exports under License Exceptions.

* * * * *

6A003 Cameras.

License Requirements

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

Control(s)	Country Chart

NS applies to entire entry	NS Column 2

NP applies to items	NP Column 1

controlled in paragraphs

6A003.a.2, a.3 and a.4

RS applies to items	RS Column 1

controlled in 6A003.b.3

and b.4

AT applies to entire entry	AT Column 1

UN applies to items	Rwanda; Federal

controlled in 6A003.b.3	Republic of

and b.4	Yugoslavia
(Serbia and	Montenegro)

* * * * *

6A018 Magnetic, pressure, and acoustic underwater detection devices specially designed for military purposes and controls and components therefor.

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; Federal
Republic of
Yugoslavia (Serbia
and Montenegro)

License Exceptions

LVS: $5000, except N/A for Rwanda and the Federal Republic of Yugoslavia (Serbia and Montenegro)

GBS: N/A

CIV: N/A

* * * * *

6E001 "Technology" according to the General Technology Note for the "development" of equipment, materials or "software" controlled by 6A (except 6A991, 6A992, 6A994, 6A995, 6A996, 6A997 or 6A998), 6B (except 6B995), 6C (except 6C992 or 6C994), or 6D (except 6D991, 6D992, or 6D993).

License Requirements

Reason for Control: NS, MT, NP, RS, CC, AT, UN

Control(s)	Country Chart

NS applies to "technology"	NS Column 1

for items controlled by

6A001 to 6A008, 6B004 to

6B008, 6C002 to 6C005,

or 6D001 to 6D003

MT applies to "technology"	MT Column 1

for items controlled by

6A002, 6A007, 6A008,

6A102, 6A107, 6A108, 6B008, 6B108,

6D001, 6D002, 6D102 or

6D103 for MT reasons

NP applies to "technology"	NP Column 2

for equipment controlled by

6A003, 6A005, 6A202, 6A203,

6A205, 6A225 or 6A226 for

NP reasons

RS applies to "technology"	RS Column 1

for equipment controlled by

6A002 or 6A003 for RS

reasons

CC applies to "technology"	CC Column 1

for equipment controlled by

6A002 for CC reasons

AT applies to entire entry	AT Column 1

UN applies to "technology"	Rwanda; Federal

for equipment controlled by	Republic of

6A002 or 6A003 for UN	Yugoslavia

reasons	(Serbia and

Montenegro)

License Requirement Notes: See §743.1 of the EAR for reporting requirements for exports under License Exceptions.

* * * * *

6E002 "Technology" according to the General Technology Note for the "production" of equipment or materials controlled by 6A (except 6A991, 6A992, 6A994, 6A995, 6A996, 6A997 or 6A998), 6B (except 6B995), or 6C (except 6C992 or 6C994).

License Requirements

Reason for Control: NS, MT, NP, RS, AT, CC, UN

Control(s)	Country Chart

NS applies to "technology"	NS Column 1

for equipment controlled by

6A001 to 6A008, 6B004 to

6B008, or 6C002 to 6C005

MT applies to "technology"	MT Column 1

for equipment controlled by

6A002, 6A007, 6A008, 6A102,

6A107, 6A108, 6B008, or 6B108 for

MT reasons

NP applies to "technology"	NP Column 1

for equipment controlled by

6A003, 6A005, 6A202, 6A203,

6A205, 6A225 or 6A226 for

NP reasons

RS applies to "technology"	RS Column 1

for equipment controlled by

6A002 or 6A003 for RS

reasons

CC applies to "technology"	CC Column 1

for equipment controlled by

6A002 for CC reasons

AT applies to entire entry	AT Column 1

UN applies to "technology"	Rwanda; Federal

for equipment controlled by	Republic of

6A002 or 6A003 for UN reasons	Yugoslavia

(Serbia and	Montenegro)

License Requirement Notes: See §743.1 of the EAR for reporting requirements for exports under License Exceptions.

* * * * *

12. In Category 8 - Marine, Export Control Classification Number (ECCN) 8A018 is amended by revising the "License Requirements" section and the "License Exceptions" section to read as follows:

8A018 Items on the International Munitions List.

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; Federal
Republic of
Yugoslavia (Serbia
and Montenegro)

License Exceptions

LVS: $5000, except N/A for Rwanda and the Federal Republic	of Yugoslavia (Serbia and Montenegro)

GBS: N/A

CIV: N/A

* * * * *

13. In Category 9 - Propulsion Systems, Space Vehicles and Related Equipment, the following Export Control Classification Number (ECCNs) are amended:

a. By revising the "License Requirements" section and "License Exceptions" section for ECCN 9A018; and

b. By revising the "License Requirements" section for ECCN 9A991, 9D018 and 9E018, to read as follows:

9A018 Equipment 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 9A018.a and b	RS Column 2

AT applies to entire entry	AT Column 1

UN applies to entire entry	Rwanda; Federal
Republic of
Yugoslavia (Serbia
and Montenegro)

License Exceptions

LVS: $1500, except N/A for Rwanda and for the Federal	Republic of Yugoslavia (Serbia and Montenegro)

GBS: N/A

CIV: N/A

* * * * *

9A991 "Aircraft", n.e.s., and gas turbine engines not controlled by 9A001 or 9A101 and parts and components, n.e.s.

License Requirements

Reason for Control: AT, UN

Control(s)	Country Chart

AT applies to entire entry	AT Column 1

UN applies to 9A991.a	Rwanda; Federal	Republic of	Yugoslavia	(Serbia and	Montenegro)

* * * * *

9D018 "Software" for the "use" of equipment controlled by 9A018.

License Requirements

Reason for Control: NS, RS, AT, UN

Control(s)	Country Chart

NS applies to entire entry	NS Column 1

RS applies to 9A018.a and .b	RS Column 2

AT applies to entire entry	AT Column 1

UN applies to entire entry	Rwanda; Federal
Republic of
Yugoslavia (Serbia
and Montenegro)

* * * * *

9E018 "Technology" for the "development", "production", or "use" of equipment controlled by 9A018.

License Requirements

Reason for Control: NS, RS, AT, UN

Control(s)	Country Chart

NS applies to entire entry	NS Column 1

RS applies to 9A018.a and .b	RS Column 2

AT applies to entire entry	AT Column 1

UN applies to entire entry	Rwanda; Federal	Republic of	Yugoslavia	(Serbia and	Montenegro)

* * * * *

DATED:

Iain S. Baird

Acting Assistant Secretary

for Export Administration