BIS Final Rule on Wassenaar Changes to the CCL, Etc.; BIS Correction to Category 3 ECCN

The Bureau of Industry and Security (BIS) has issued a final rule, effective April 29, 2004, which revises certain entries on the Commerce Control List (CCL) controlled for national security reasons in Categories 1, 2, 3, 4, 5 Part I (telecommunications), 5 Part II (information security), 6, and 7 to conform with changes in the List of Dual-Use Goods and Technologies maintained and agreed to by the governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies that were agreed to at the December 2003 meeting.

In addition, BIS' final rule adds a paragraph to Interpretation 12 on "Computers" to provide guidance as to how to calculate the Composite Theoretical Performance (CTP) for computer systems with "non-uniform memory access" (NUMA) architecture, and to define NUMA.

BIS has also issued a correction to Export Control Classification Number (ECCN) 3A001 because part of the of the Related Controls paragraph in the List of Items Controlled section of ECCN 3A001 was inadvertently deleted in the final rule.

This is Part V, the final part of a multi-part series of summaries on this final rule and focuses on changes to CCL Categories 6 and 7, BIS' correction to ECCN 3A001, etc.

Category 6 - Sensors

BIS' final rule amends ECCNs in CCL Category 6 - Sensors, as follows:

ECCN 6A001 is amended by: (a) revising the parameter for towed acoustic hydrophone arrays by adding the phrase "'or able to be modified' to have hydrophone group spacing of less than 12.5 m;'' to the existing parameter in 6A001.a.2.b.1; and (b) revising the reference in the Technical Note from "6A001.a.2.b.2" to read "6A001.a.2.b."

ECCN 6A003 is amended by: (a) revising the parameter in 6A001.b.1 for video cameras incorporating solid state sensors by adding three new parameters to control these video cameras when they have optical mirrors controlled by 6A004.a, optical control equipment controlled by 6A004.d, or the capability for annotating internally generated camera tracking data; and (b) adding Technical Note 2 to explain camera tracking data.

ECCN 6A005 is amended by: (a) repositioning the two Notes under 6A005.b.4 to under 6A005.b. Note 1 explains 6A005.b includes semiconductor "lasers" having optical output connectors (e.g., fiber optic pigtails); and Note 2 explains that the control status of semiconductor "lasers" specially designed for other equipment is determined by the control status of the other equipment; (b) revising the wavelength ranges and CW output variations for individual multiple-transverse mode semiconductor "lasers" in 6A005.b.2 (including all subparagraphs); (c) revising the wavelength ranges and CW output variations for individual semiconductor "laser" arrays in 6A005.b.3 (including all subparagraphs); (d) adding a control paragraph 6A005.b.4 for array stacks of semiconductor "lasers" containing at least one array that is controlled under 6A005.b.3; and (e) adding Technical Notes 2 and 3 to 6A005.b.4 to explain "array" and "array stack."

ECCN 6A006 is amended by adding to 6A006.a a new parameter "or triaxial fluxgate" for magnetometers.

ECCN 6E003 is amended by adding a new parameter "non-triaxial" in 6E003.f for fluxgate magnetometers and fluxgate magnetometer systems.

Category 7 - Navigation and Avionics

The final rule amends CCL Category 7 - Navigation and Avionics, as follows:

Removing nota bene (N.B.) number 2 "For inertial navigation equipment for ships or submersibles, see Item 9.e on the Wassenaar Munitions List." from Category 7.

ECCN 7A003 is amended by: (a) revising the phrase "Inertial Navigation Systems (INS)" to read "Inertial Systems" in the heading; (b) revising the phrase "Inertial navigation systems" to read "Inertial Navigation Systems (INS)," and adding "vessels (surface or underwater)" to 7A003.a; (c) adding a new paragraph 7A003.c to control "Inertial Equipment for Azimuth, Heading, or North Pointing." Specific parameters for this equipment are also added in 7A003.c.1 and c.2; and (d) adding Note 3 to read, "7A003.c.1 does not control theodolite systems incorporating inertial equipment specially designed for civil surveying purposes."

Items Removed from NS Controls Will Continue to Have AT Controls

BIS states that all items removed from national security (NS) controls as a result of changes to the Wassenaar List of Dual-Use Goods and Technologies will continue to be controlled for antiterrorism (AT) reasons.

License "Grace Period" Until June 1, 2004

Shipments of items removed from eligibility for export or reexport without a license, under a particular License Exception authorization or the designator NLR (No License Required), as a result of this final rule may continue to be exported or reexported under that License Exception authorization or designator until June 1, 2004.

"Grace Period" for Revisions to CCL Numbering and Structure

In addition, this final rule revises the numbering and structure of certain entries on the CCL. For items under such entries and for July 28, 2004 (sic), BIS will accept license applications for items described either by the entries in effect immediately before April 29, 2004, or the entries described in this final rule.

Correction to ECCN 3A001

According to BIS' correction notice, the following text has been inserted immediately following the "(1)" in the Related Controls paragraph in the List of Items Controlled section of ECCN 3A001:

The following commodities are under the export licensing authority of the Department of State, Office of Defense Trade Controls (22 CFR part 121) when "space qualified" and operating at frequencies higher than 31.8 GHz: helix tubes (traveling wave tubes (TWT)) defined in 3A001.b.1.a.4.c; microwave solid state amplifiers defined in 3A001.b.4.b traveling wave tube amplifiers (TWTA) defined in 3A001.b.8; and derivatives thereof; (2) "Space qualified" and radiation hardened photovoltaic arrays, as defined in 3A001.e.1.c, having silicon cells or having single, dual or triple junction solar cells that have gallium arsenide as one of the junctions, are subject to the export licensing authority of the Department of Commerce.

(See ITT's Online Archives or 05/06/04 news, 04050625, for Part III of this series which details other amendments made to ECCN 3A001.)

(See ITT's Online Archives or 05/04/04, 05/05/04, 05/06/04, and 05/07/04 news, 04050420, 04050530, 04050625, and 04050720 for Parts I - IV of this series.)

BIS correction notice (D/N 040414115-4115-01, FR Pub 05/06/04) available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-10229.pdf

BIS final rule (D/N 040414115-4115-01, FR Pub 04/29/04) available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-9540.pdf