BIS Issues EAR Corrections of Definitions, 11 ECCNs
The Bureau of Industry and Security issued two Federal Register notices, set to be published in the July 16 Federal Register, correcting the Export Administration Regulations (EAR) at 15 CFR 772 (Definition of Terms) and 15 CFR 774 (Commerce Control List). The corrections to definitions remove a term and a note and add three terms, while the corrections to the CCL amend 11 ECCNs.
Corrections to definitions in 15 CFR 772 are as follows:
- Remove the definition for the term “Ancillary Cryptography” and remove the note to the definition of “Peak Power”
- Add the following three terms and definitions to the section:
- Explosives. (Cat 1)—see Annex ‘‘List of Explosives’’ located at the end of Category 1 of Supplement No. 1 to Part 774 ‘‘Commerce Control List’’.
- Nuclear reactor. (Cat 0 and 2) includes the items within or attached directly to the reactor vessel, the equipment which controls the level of power in the core, and the components which normally contain, come into direct contact with or control the primary coolant of the reactor core.
- Port of export. The port where the cargo to be shipped abroad is laden aboard the exporting carrier. It includes, in the case of an export by mail, the place of mailing.
BIS’ corrections also make changes to the following 11 ECCNs on the CCL at 15 CFR 774:
0A981: add “N/A” behind “LVS:”.
0A985: add the heading “License Requirements” above “Reason for Control”.
0A986: correct the table under “License Requirements”
0B986: add “, North Korea,” between “Iraq” and “Rwanda” in UN Reason for Control.
1A004: add “(1)” after the colon, at the beginning of “Related Definitions”.
1B001, remove “Note: 1B001.c does not control textile machinery not modified for the above end-uses.”
1C351, after “Related Definitions;” remove “* * *” and add paragraphs (1) and (2) as to read as follows: “Related Definitions: (1) For the purposes of this entry “immunotoxin” is defined as an antibodytoxin conjugate intended to destroy specific target cells (e.g., tumor cells) that bear antigens homologous to the antibody. (2) For the purposes of this entry “subunit” is defined as a portion of the “toxin”.”
2B009: remove the text after “Related Definitions” and add “N/A” in its place; also, revise the Technical Note to read "TECHNICAL NOTE: For the purpose of 2B009, machines combining the function of spin-forming and flow-forming are regarded as flow-forming machines.”
2E003: in the Notes to Table on Deposition Techniques, in note 15, add the word “are” after “Dielectric layers”.
2E018: in the “Reasons for Control”, remove “CC, RS,”, and remove “License Requirement Notes: See §743.1 of the EAR for reporting requirements for exports under License Exceptions.”
2E101: add “(1)” after the colon at the beginning of “Related Controls”.
Correction to definitions at 15 CFR 772 available here. Corrections to CCL at 15 CFR 774 available here.