BIS Publishes Final Rule on Wassenaar Agreement Changes to CCL

The Bureau of Industry and Security published a final rule amending the Commerce Control List based off edits made to Wassenaar List of Dual-Use Goods and Technologies. The rule takes effect June 20. It amends nearly 30 Export Control Classification Numbers, plus edits various Supplements and Parts to the Export Administration Regulations.

The final rule also adds two new ECCNs: 7D0004 and 2D003. The former covers source code incorporating development technology specified by 7E004.a or 7E004.b. It does not apply to source code associated with common computer elements and utilities -- its scope is limited to flight control system function. The new ECCN was added to fix a redundancy.

2D003 covers software designed or modified for the operation of equipment specified in 2B002. The ECCN controls the use of software for 2B002 optical finishing machines, and is controlled for national security and anti-terrorism reasons. The final rule also makes edits to some supplements to the CCL, editing the General Software Note to better align with the actions of participating Wassenaar states, and adding two new entries: 0D521 No. 2 and 0E521 No. 6. The former controls source code for the development of fly-by-wire systems. The latter controls certain technology for fly-by-wire systems. Other sections with minor edits in the rule are: Supplement No. 1 to 740.11, which covers additional restrictions on use of license exception GOV; Part 742: control policy, CCL-based controls; Part 743: special reporting; Part 770: interpretations. The rule also amends some of the definitions (in Part 772.1), including for diffusion bonding, frequency mask trigger, space-qualified and personal area network.

The ECCNs edited in the rule are:

• 1A004, which covers protective and detection equipment and components. Replaces “gas masks” with “full face masks,” which does not change the control scope.
• 1C001, materials specially designed for use as absorbers of electromagnetic waves, or intrinsically conductive polymers. The rule adds exclusion notes for materials not used in military applications.
• 2B001, machine tools. Changes some phrases to better harmonize with other edits from this rule, and make various grammatical, measurement and phrasing changes to amendments in the section.
• 2B006, dimensional inspection or measuring systems, equipment and electronic assemblies. Rule adds controls on displacement measuring laser interferometers, clarifies controls to integrate expanded abilities of certain equipment.
• 2D001, software for development and production or listed Category 2 equipment. Rule makes phrasing changes and adds an exclusion for specific part programming software.
• 2D002, software for electronic devices, even when residing in an electronic device or system, enabling such devices or systems to function as a numerical control unit, capable of coordinating simultaneously more than 4 axes for contouring control. Rule edits some of the notes and excludes certain software.
• 3A001, electronic components and specially designed components. Rule makes a variety of changes to measurement specifications of technology controlled under the ECCN.
• 3A002, general purpose electronic equipment and accessories therefore. Rule adjusts some parameters and frequencies, adds changes to define technical terms and narrows scope of certain devices.
• 3B001, equipment for the manufacturing of semiconductor devices or materials. Rule clarifies controls on specific items included in the section, such as MOCVD systems and control phase shift masks.
• 3C002, resist materials and substrates coated with specific resists. Rule clarifies controls.
• 4D001, computer software. Rule deletes the term “use” and removes 4A002 from scope of control.
• 5A001, telecommunications systems, equipment, components and accessories. Rule adds some new paragraphs to control items such as passive counter surveillance tools and equipment that captures and processes the air interface. Rule also expands scope of control for mobile telecommunications jamming equipment, and equipment that monitors network to detect jamming and interception that is of national security concerns
• 5A980, devices primarily useful for the surreptitious interception of wire, oral or electronic communications; rule corrects structure and references.
• 5B001, telecommunication test, inspection and production equipment, components and accessories; rule makes minor wording changes
• 5D001, which covers telecommunications software; rule replaces some references
• 5E001, telecommunications technology; amendments made to references and paragraphs revised
• 5E980, telecommunications technology other than that controlled in ECCN 5E001. Final rule
• 5A002, which covers information security systems. Rule adds explanatory note for a positive list of components controlled under rule and specifies other controls.
• 5A992, equipment not controlled under ECCN 5A002. Final rule clarifies that it does not control products with cryptographic functionality limited to copy protection.
• 5E002, which covers information security technology, has edits made to clarify the scope.
• 6A001, which covers acoustic systems, equipment and components. The rule makes editorial revisions and clarifies the scope of some technical notes.
• 6A002, which covers optical sensors or equipment and components therefore, has only grammatical changes made
• 6A005, which covers Lasers other than those described in 0B001.g.5 or .h.6, components and optical equipment. Final rule changes the wavelength of a laser covered under the category.
• 6C004, optical materials, is amended to include new items increasingly used in military applications, including non-linear crystals
• 6C005, which covers synthetic crystalline “laser” host material in unfinished form. The final rules removes Alexandrite lasers from a subparagraph in this section.
• 7A001, which covers accelerometers, has a change to some measurements to reflect improvements in microelectromechnical systems technology
• 7D003, software, has some controls removed to reduce redundancies and reflect other changes from the rule
• 7E001, which covers technology according to the GTN for the development of 7A, 7B or 7D, is changed to reflect the creation of the new ECCN 7D0004.
• 7E004, which covers other technology. Changes include listing more specific technology, replacing a sub-paragraph to control fly-by-light technology, and clarifying the scope of other sections to limit them to flight control system function.
• 9A001, aero gas turbine engines, has a wording change.
• 9A018, which covers equipment on the Wassenaar List. Revises the list of controlled items to limit the scope of some items and clarify others.
• 9E003, other technology, is amended by increasing the temperature specifications of certain controlled items.