BIS Final Rule Amends Commerce Control List to Reflect Changes to the Missile Technology Control Regime
The Bureau of Industry and Security has issued a final rule, effective May 7, 2007, which amends the Commerce Control List at 15 CFR Part 774 to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the October 2006 Plenary.
(The MTCR establishes a common export control policy based on a list of controlled items (the Annex) and on guidelines that member countries implement in accordance with their national export controls.)
Final Rule Revises, Adds Certain ECCNs to CCL
The highlights of the final rule revisions made to certain Export Control Classification Numbers (ECCNs) on the CCL (15 CFR Part 774, Supplement No. 1) are as follows (partial list):
ECCN 7A107 added to control 3 axis magnetic heading sensors. ECCN 7A107 is added to control three axis magnetic heading sensors designed or modified to be integrated with flight control and navigation systems. To conform with the addition of ECCN 7A107, this rule amends the headings of ECCNs 7D101 and 7E101, to include ECCN 7A107 in these software and technology entries, respectively.
BIS notes that it is anticipated that this addition of the new missile technology controlled ECCN 7A107 and the conforming changes to ECCNs 7D101 and 7E101 will produce a slight increase in licensing activity.
Various ECCNs amended to clarify missile control regardless of payload capability. ECCNs 1A102, 1C101, 6A108 (b), 6B108, 7A102, 7A103 (b) and (c), 9A111, and 9B105 are amended by substituting the defined term "missiles" with new text to the heading under which the materials/items in these entries are controlled if they are usable for any rockets, missiles, or unmanned aerial vehicles capable of a range of at least 300 km, regardless of the payload capability.
Additionally, ECCN 1C107 paragraph (c) is amended by substituting the defined term "missile" with new text to clarify that the materials in this entry are controlled if they are for use in missile radomes for any missile capable of a range of at least 300 km, regardless of the payload capability.
(Prior to publication of this rule, the items controlled in ECCNs 1A102, 1C101, 1C107, 6A108, 6B108, 7A102, 7A103, 9A111 and 9B105 included the defined term "missile," meaning they were controlled only when they were "'capable of' delivering at least 500 kilograms payload to a range of at least 300 kilometers.")
Reinforced silicon-carbide ceramics added to ECCN 1C107. ECCN 1C107 is further amended by revising paragraph (d) to include additional text which adds reinforced silicon-carbide ceramics composites to the CCL.
Liquid or solid oxidizers allowed under ECCN 1C111. ECCN 1C111 (a)(3) is amended by rewording and adding additional text to clarify that the oxidizer substances identified in the ECCN are those useable in liquid propellant rocket engines, but allows that the substances themselves could be liquid or solid.
Polymeric substance added, defined under ECCN 1C111. ECCN 1C111 is also amended by adding a new (b)(5) and a technical note which adds and defines the polymeric substance "polytetrahydrofuran polyethylene glycol (TPEG)" to the CCL.
Control parameter amended on certain radars under ECCN 6A108. ECCN 6A108 is further amended by deleting the control parameter of "0.5 mils" in (b)(2)(a) to clarify the control on these range instrumentation radars. (The 0.5 mils control parameter was not equivalent to 3 milliradians.)
Definition of "stability" added to ECCNs 7A002, 7A102. ECCN 7A002 (a)(2) and ECCN 7A102 are amended by adding technical notes to each of these ECCNs to define the term "stability" as it pertains to these MTCR defined gyros controlled on the CCL.
Certain terms deleted from ECCN 9A101. ECCN 9A101 is amended by deleting the word "Lightweight" and the phrase "usable in 'missiles' " from the heading text. ECCN 9A101 is further amended by deleting the unit "parts and accessories in $ value."
Test stand thrust capacity lowered under ECCN 9B117. ECCN 9B117 (a) is amended by lowering the test stand thrust capacity threshold from the control parameter of "90 kN" to "68 kN."
Savings Clause
BIS states that shipments of items removed from eligibility for a License Exception or export or reexport without a license as a result of this regulatory action that were on dock for loading, on lighter, laden aboard an exporting or reexporting carrier, or en route aboard a carrier to a port of export or reexport, on May 7, 2007, pursuant to actual orders for export or reexport to a foreign destination, may proceed to that destination under the previous eligibility for a License Exception or export or reexport without a license so long as they are exported or reexported before June 6, 2007. Any such items not actually exported or reexported before midnight, on June 6, 2007, require a license in accordance with this rule.
-public comments on this final rule are welcome on a continuing basis
BIS contact - Dennis Krepp (202) 482-1309
BIS final rule (D/N 070411084-7087-02, FR Pub 05/07/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-8685.pdf