BIS Final Rule Expands Licensing Jurisdiction for Certain QRS11 Micromachined Angular Rate Sensors
The Bureau of Industry and Security has issued a final rule, effective November 7, 2007, which amends the Export Administration Regulations (EAR) at 15 CFR Parts 734 and 774 to transfer licensing jurisdiction for QRS11-00100-100/101 and the QRS11-00050-443/569 Micromachined Angular Rate Sensors from the State Department to the Department of Commerce (DOC).
Expands on Prior Rule, Reflects Industry Inquiries and Changes to USML
In February 2004, BIS issued a final rule which implemented DOC licensing jurisdiction over QRS11-00100-100/101 Micromachined Angular Rate Sensors integrated into and included as an integral part of a Commercial Standby Instrument System (CSIS), etc. In its February 2004 notice, BIS stated that the Department of State would review on a case-by-case basis whether a sensor is eligible for removal from the U.S. Munitions List (USML).
Subsequently, BIS states that industry inquiries about incorporating the QRS11 into primary instrument systems or into automatic flight control systems, in addition to the secondary or standby systems, led the Department of State to remove from the USML quartz rate sensors used in these applications.
Reflecting the removal of such quartz rate sensors from the USML, this rule establishes licensing requirements for QRS11-00100-100/101 and the QRS11-00050-443/569 Micromachined Angular Rate Sensors.
Certain Licensing Jurisdiction Transferred to DOC
The final rule amends 15 CFR 734.4(a)(3) and the Lists of Items Controlled under Export Control Classification numbers (ECCNs) 7A994 and 9A991 of the Commerce Control List (CCL) under Supplement No. 1 to 15 CFR Part 774 to state the following (added text is denoted by , deleted text is denoted by <->;):
"QRS11 Micromachined Angular Rate Sensors are subject to the export licensing jurisdiction of the U.S. Department of State, Directorate of Defense Trade Controls, unless the QRS11-00100-100/101 is integrated into and included as an integral part of <a CSIS> a commercial primary or standby instrument system of the type described in ECCN 7A994, or aircraft of the type described in ECCN 9A991 <that incorporates a CSIS that has such a sensor integrated> that incorporates such systems, or is exported solely for integration into such a system; or the QRS11-00050-443/569 is integrated into an automatic flight control system of the type described in ECCN 7A994, or aircraft of the type described in ECCN 9A991 that incorporates such systems, or are exported solely for integration into such a system."
De minimis, U.S. content. BIS notes that there continues to be no de minimis level for foreign-made systems that contain QRS11-00100-100/101 or QRS11-00050-443/569 Micromachined Angular Rate Sensors, or for foreign-made aircraft that incorporate systems that have QRS11-00100-100/101s or QRS11-00050-443/569s integrated (see 15 CFR 734.4(a)). The instrument systems, the automatic flight control systems, and the aircraft remain subject to the EAR regardless of their percentage, by value, of U.S. content.
(See ITT's Online Archives or 02/12/04 news, 04021225, for BP's summary of BIS' 2004 final rule on licensing jurisdiction for certain QRS11 Micromachined Angular Rate Sensors.)
BIS contact - Gene Christiansen (202) 482-2984
BIS final rule (D/N 0612242561-7519-01, FR Pub 11/07/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-21840.pdf