New License Requirement for Exports of Certain Radar Electronic Components

January 9, 2012 by Cindy Arevalo|Exports, OFAC and DoD

The Bureau of Industry and Security has issued a final rule, effective January 9, 2012, which imposes a license requirement on exports and reexports to all destinations other than Canada of two types of microwave and millimeter wave electronic components. The two components are packaged high electron mobility transistors (HEMT) and packaged microwave “monolithic integrated circuits” (MMIC) power amplifiers.

(BIS says it is taking this step to control exports and reexports of these components, which have uses in military radar systems as well as in civilian radar and telecommunications systems.)

Creates New ECCN 3A982

The final rule imposes this license requirement by creating a new Export Control Classification Number (ECCN) 3A982 containing two “items” paragraphs:

Paragraph 3A982.a covers packaged HEMTs with physical dimensions less than 43 mm per side, rated for operation at frequencies from 2.7 GHz up to and including 3.2 GHz and having either an average output power equal to or greater than 48 W (46.8 dBm); or a pulsed output power equal to or greater than 240 W (53.8 dBm) and a duty cycle of 20 percent or more.

Paragraph 3A982.b covers packaged MMIC power amplifiers with physical dimensions less than 43mm per side, rated for operation at frequencies from 2.7 GHz up to and including 3.2 GHz and having either an average output power equal to or greater than 15W (41.7 dBm); or a pulsed output power equal to or greater than 75 W (48.75 dBm) and a duty cycle of 20 percent or more.

Also Creates New ECCNs 3D982 & 3E982 for Associated Software, Technology

This rule also creates new ECCNs 3D982 and 3E982 to control the software and technology, respectively, associated with the new controls set forth in new ECCN 3A982.

Precludes Use of License Exception STA with ECCN 3A982.b

BIS’ final rule also revises License Exception STA (15 CFR 740.20) to preclude use of License Exception STA for any export, reexport or transfer of items in ECCN 3A982.b.

BIS to Propose Adding Components to Wassenaar List in 2012

The U.S. Government plans to submit a proposal for control of the commodities covered by ECCN 3A982 to the Wassenaar Arrangement Dual-Use List in 2012.

(The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability.)

Report on Applying RS and AT Controls Already Submitted to Congress

BIS notes that the application of regional stability (RS) and antiterrorism (AT) controls to the items covered by this final rule imposes a foreign policy control. (Section 6(f) of the Export Administration Act requires that a report be delivered to Congress before imposing such controls. The report was delivered to Congress on December 29, 2011.)

BIS contact - Brian Baker (202) 482-5534

(FR Pub 01/09/12, D/N 110825537-1539-02)