BIS Proposes to Add Execution Equipment to CCL, Clarify Definition of Torture Items, Etc.

The Bureau of Industry and Security has issued a proposed rule to add equipment designed for executions to the Commerce Control List, to provide additional illustrative examples of torture items and other weapons, and to adopt a definition of torture used in 18 USC 2340(1)¹.

The proposed rule would also update and clarify export and reexport license requirements on various weapon-based Export Control Classification Numbers.

Comments on the proposed rule are due by September 25, 2009.

(This proposed rule is part of an effort by BIS to review and, where appropriate, revise the crime control license requirements in the Export Administration Regulations. In connection with this effort, BIS published a notice of inquiry seeking public comments on whether the scope of items and destinations that are subject to crime control license requirements should be changed in March 2008.

See ITT's Online Archives or 03/21/08 news, (Ref:08032140), for BP summary of the notice of inquiry.)

BIS Proposes Examples of Torture, New ECCN, Revisions to Weapon ECCNs

BIS' proposes several amendments to the crime control requirements under the EAR, including the following (partial list):

ECCN 0A983 definition, examples of torture items. BIS proposes to add a new note to ECCN A0983 (Specially Designed Implements of Torture), which would state that "torture" in this ECCN has the same meaning as set forth in 18 USC 2340(1)¹.

BIS also proposes to add fingercuffs, spiked batons and shock sleeves to ECCN 0A983 as additional examples of specially designed implements of torture, and to revise the heading of 15 CFR 742.11 on specially designed implements of torture to match the proposed revised language of ECCN 0A983.

Proposed new ECCN 0A981. BIS proposes to add a new ECCN 0A981 to the CCL that would apply to equipment designed for the execution of human beings. BIS also proposes to revise 15 CFR 742.7(a) to set forth a license requirement to all destinations for proposed new ECCN 0A981.

ECCN 0A978 expanded (saps). The items covered by ECCN 0A978 would be expanded from "saps" to "law enforcement striking weapons." Saps, police batons, side handle batons, tonfas, sjamboks and whips would be listed as examples of law enforcement striking weapons.

ECCN 0A984 parts amended (shotguns). This rule would remove the phrase "parts n.e.s." and add the following specific parts for the shotguns controlled by this ECCN: barrels of 18 inches (45.72 cm) or longer but not longer than 24 inches (60.96 cm), receivers, breech mechanisms, complete trigger mechanisms, and magazines or magazine extension tubes. (The parts are currently subject to CC column 1 license requirements.)

ECCN 0E984 controls (technology for shotguns). This rule would modify ECCN 0E984 to apply CC Column 1 as a reason for control of technology for the development and production of all shotguns and shotgun shells controlled by ECCN 0A984.

(Currently, ECCN 0E984 applies reasons for control that are parallel to the reasons for

control in ECCN 0A984, i.e., CC Column 1, 2, or 3 is applied depending on whether the

barrel length exceeds 24 inches and whether the end-user is a law enforcement agency.)

ECCNs 3A981, 0A982, 0A985, 0A987. BIS also proposes various minor revisions to ECCN 3A981 - Polygraphs and other electronic devices; ECCN 0A982 - Restraint Devices; ECCN 0A985 - Discharge Type Arms; and ECCN 0A987 - Optical Sighting Devices for Firearms.

(BIS notes that this rule would make no changes to the EAR's stated policies of denial of license applications for the export or reexport of any of the aforementioned items.)

Proposed Rule is First Stage of CCL Review

BIS notes that it plans to proceed with its review of the CCL in stages. In the first stage, BIS is publishing this proposed rule, which addresses relatively simple extensions, modifications or removals of items currently on the CCL or additions to that list of items that have a clearly identified crime control or law enforcement nexus.

In one or more subsequent stages, BIS intends to address more complex CCL matters such as whether, and, if so, the extent to which biometric measuring devices, integrated data systems, simulators, and communications equipment should be listed on the CCL; the degree to which software and technology related to commodities on the CCL should be listed and how such software and technology should be described; and general policy issues such as whether the range of destinations to which crime control license requirements apply should be modified.

¹18 USC 2340(1) implements the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment definition of "torture," which is defined as an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control.

BIS contact - Chantal Lakatos (202) 482-1739

BIS proposed rule (D/N 080721866-8871-01, FR Pub 08/11/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-19099.pdf