BIS Adds Human Execution Equipment to CCL, Modifies Crime Control-Related ECCNs
The Bureau of Industry and Security has issued a final rule, effective July 15, 2010, which adds equipment designed for the execution of humans to the Commerce Control List, and modifies certain Export Control Classification Numbers that indicate "crime control" as a reason for control.
Final Rule is First Stage of CCL Review, More Expansive Rules to Follow
BIS states that this final rule is the culmination of the first stage of revisions to the crime control license requirements in the Export Administration Regulations, which began with the publication of its August 2009 proposed rule. (See ITT’s Online Archives or 08/11/09 news, 09081130, for BP summary.)
This first stage addresses relatively simple extensions, modifications or removals of items currently on the CCL or additions of items that have an easily identified crime control or law enforcement nexus.
BIS plans to publish a subsequent proposed rule that will identify potential expansion of certain Export Control Classification Numbers; whether, and, if so, the extent to which biometric measuring devices, integrated data systems, simulators, and communications equipment should be added to 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.
Revisions to Crime Control-Related ECCNs
The following are highlights of the changes made to certain crime-control related ECCNs by BIS’ final rule:
New 0A981 for execution equipment. BIS’ final rule creates a new ECCN 0A981 that applies to equipment designed for the execution of human beings. Such equipment will require a license to all destinations.
0A978 law enforcement weapons expanded. The items covered by ECCN 0A978 are expanded from “saps” to “law enforcement striking weapons.” Saps, police batons, side handle batons, tonfas, sjamboks, and whips are listed as examples of law enforcement striking weapons.
0A982 restraint devices clarified, expanded. The rule adds the phrase “law enforcement” to the heading of ECCN 0A982 (Restraint Devices) to make clear that it applies to law enforcement restraint devices, rather than safety or medical equipment.
(A note is also added stating that ECCN 0A982 does not apply to medical devices that are equipped to restrain patient movement during medical procedures, devices that confine memory-impaired patients to appropriate medical facilities, or safety equipment such as safety belts or child automobile safety seats.)
The rule also adds stun cuffs, shock sleeves, and shock belts to ECCN 0A982, and adds “multipoint restraint devices including restraint chairs” to the illustrative list of restraint devices.
(BIS notes that the proposed rule would have added shock sleeves to ECCN 0A983 and stun cuffs to ECCN 0A985. The proposed rule did not address shock belts at all. BIS has now concluded that each of these three devices has legitimate a law enforcement use in restraining violent persons.)
0A983 torture implement examples clarified, expanded. The heading of ECCN 0A983 (Specially Designed Implements of Torture) is being revised to add the word “including” immediately following the phrase “specially designed implements of torture” to make clear that the items listed are examples of specially designed implements of torture rather than an exclusive list of such implements.
The heading is also being revised to add fingercuffs, and spiked batons to the ECCN as additional examples of specially designed implements of torture.
(BIS notes that this rule makes no changes to the longstanding policy of denial of applications to export or reexport specially designed implements of torture or to the prohibition on use of license exceptions to export commodities subject to 15 CFR 742.11.)
0A984 shotgun parts specified. The rule removes the phrase “parts n.e.s.” and adds the following specific parts for the shotguns controlled by ECCN 0A984 (Shotguns): 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 subject to CC column 1 license requirements.
0E984 shotgun technology controls expanded. This rule revises ECCN 0E984 (Technology for shotguns) 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.)
0A985 discharge arms clarified, expanded. The rule adds the phrase “devices to administer electric shock” to the heading of ECCN 0A985 (Discharge Type Arms) and adds shock shields to the illustrative list of items classified under this ECCN.
(This rule also adds references to the “Related Controls” paragraph informing readers that electronic devices that monitor and report a person’s location to enforce restrictions on movement for law enforcement or penal reasons are controlled under ECCN 3A981 and that law enforcement restraint devices that administer an electric shock are controlled under ECCN 0A982.)
0A987 sighting devices specified. -- The rule replaces the general description in the heading of ECCN 0A987 (Optical Sighting Devices for Firearms) with a list of items controlled. With this change, the ECCN clearly states that it applies to specific sighting devices, their associated optical elements, and adjustment mechanisms.
3A981 polygraph devices clarified. This rule also adds a note expressly stating that the electronic monitoring restraint devices in ECCN 3A981 (Polygraphs and other electronic devices) are devices that monitor or report the location of confined persons for law enforcement or penal reasons. The note excludes devices used to confine memory impaired patients to appropriate medical facilities.
(See ITT’s Online Archives or 07/01/10 news, 10070148, for BP summary of the Office of Management and Budget’s approval of this final rule.)
BIS contact -- Ron Rolfe (202) 482-4145
(FR Pub 07/15/10, D/N 080721866-0167-02)