[Federal Register: March 25, 1996 (Rules and Regulations)]
[Page 12914-12964]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
 
[[pp. 12914-12964]] Export Administration Regulation; Simplification of Export 
Administration Regulations

[[Continued from page 12913]]

[[Page 12914]]

    (c) Related persons. A temporary denial order may be made 
applicable to related persons in accordance with Sec. 766.23 of this 
part.
    (d) Renewal. (1) If, no later than 20 days before the expiration 
date of a temporary denial order, BXA believes that renewal of the 
denial order is necessary in the public interest to prevent an imminent 
violation, BXA may file a written request setting forth the basis for 
its belief, including any additional or changed circumstances, asking 
that the Assistant Secretary renew the temporary denial order, with 
modifications, if any are appropriate, for an additional period not 
exceeding 180 days. BXA's request shall be delivered to the respondent, 
or any agent designated for this purpose, in accordance with 
Sec. 766.5(b) of this part, which will constitute notice of the renewal 
application.
    (2) Non-resident respondents. To facilitate timely notice of 
renewal requests, a respondent not a resident of the United States may 
designate a local agent for this purpose and provide written 
notification of such designation to BXA in the manner set forth in 
Sec. 766.5(b) of this part.
    (3) Hearing. (i) A respondent may oppose renewal of a temporary 
denial order by filing with the Assistant Secretary a written 
submission, supported by appropriate evidence, to be received not later 
than seven days before the expiration date of such order. For good 
cause shown, the Assistant Secretary may consider submissions received 
not later than five days before the expiration date. The Assistant 
Secretary ordinarily will not allow discovery; however, for good cause 
shown in respondent's submission, he/she may allow the parties to take 
limited discovery, consisting of a request for production of documents. 
If requested by the respondent in the written submission, the Assistant 
Secretary shall hold a hearing on the renewal application. The hearing 
shall be on the record and ordinarily will consist only of oral 
argument. The only issue to be considered on BXA's request for renewal 
is whether the temporary denial order should be continued to prevent an 
imminent violation as defined herein.
    (ii) Any person designated as a related person may not oppose 
issuance or renewal of the temporary denial order, but may file an 
appeal in accordance with Sec. 766.2(3)(c) of this part.
    (iii) If no written opposition to BXA's renewal request is received 
within the specified time, the Assistant Secretary may issue the order 
renewing the temporary denial order without a hearing.
    (4) A temporary denial order may be renewed more than once.
    (e) Appeals. (1) Filing. (i) A respondent may, at any time, file an 
appeal of the initial or renewed temporary denial order with the 
administrative law judge.
    (ii) The filing of an appeal shall stay neither the effectiveness 
of the temporary denial order nor any application for renewal, nor will 
it operate to bar the Assistant Secretary's consideration of any 
renewal application.
    (2) Grounds. A respondent may appeal on the grounds that the 
finding that the order is necessary in the public interest to prevent 
an imminent violation is unsupported.
    (3) Appeal procedure. A full written statement in support of the 
appeal must be filed with the appeal together with appropriate 
evidence, and be simultaneously served on BXA, which shall have seven 
days from receipt to file a reply. Service on the administrative law 
judge shall be addressed to the Office of the Administrative Law Judge, 
U.S. Department of Commerce, Room H-6716, 14th Street and Constitution 
Avenue, N.W., Washington, D.C. 20230. Service on BXA shall be as set 
forth in Sec. 766.5(b) of this part. The administrative law judge 
normally will not hold hearings or entertain oral argument on appeals.
    (4) Recommended Decision. Within 10 working days after an appeal is 
filed, the administrative law judge shall submit a recommended decision 
to the Under Secretary, and serve copies on the parties, recommending 
whether the issuance or the renewal of the temporary denial order 
should be affirmed, modified or vacated.
    (5) Final decision. Within five working days after receipt of the 
recommended decision, the Under Secretary shall issue a written order 
accepting, rejecting or modifying the recommended decision. Because of 
the time constraints, the Under Secretary's review will ordinarily be 
limited to the written record for decision, including the transcript of 
any hearing. The issuance or renewal of the temporary denial order 
shall be affirmed only if there is reason to believe that the temporary 
denial order is required in the public interest to prevent an imminent 
violation of the EAA, the EAR, or any order, license or other 
authorization issued under the EAA. The Under Secretary's written order 
is final and is not subject to judicial review, except as provided in 
paragraph (g) of this section.
    (f) Delivery. A copy of any temporary denial order issued or 
renewed and any final decision on appeal shall be published in the 
Federal Register and shall be delivered to BXA and to the respondent, 
or any agent designated for this purpose, and to any related person in 
the same manner as provided in Sec. 766.5 of this part for filing for 
papers other than a charging letter.
    (g) Judicial review. A respondent temporarily denied export 
privileges by order of the Under Secretary may appeal to the United 
States Court of Appeals for the District of Columbia pursuant to 50 
U.S.C. app. Sec. 2412(d)(3).


Sec. 766.25  Administrative action denying permission to apply for or 
use export licenses.

    (a) General. The Director of the Office of Exporter Services, in 
consultation with the Director of the Office of Export Enforcement, may 
deny permission to apply for or use any license, including any License 
Exception, to any person who has been convicted of a violation of the 
EAA, the EAR, or any order, license or authorization issued thereunder; 
any regulation, license or order issued under the International 
Emergency Economic Powers Act (50 U.S.C. 1701-1706); 18 U.S.C. 793, 794 
or 798; section 4(b) of the Internal Security Act of 1950 (50 U.S.C. 
783(b)), or section 38 of the Arms Export Control Act (22 U.S.C. 2778).
    (b) Procedure. Upon notification that a person has been convicted 
of a violation of one or more of the provisions specified in paragraph 
(a) of this section, the Director of the Office of Exporter Services, 
in consultation with the Director of the Office of Export Enforcement, 
will determine whether to deny permission to apply for or use any 
export license, including any License Exception, to any such person. 
The Director of the Office of Exporter Services will notify each person 
denied under this section by letter stating that permission to apply 
for or use export licenses has been denied.
    (c) Criteria. In determining whether and for how long to deny U.S. 
export privileges to a person previously convicted of one or more of 
the statutes set forth in paragraph (a) of this section, the Director 
of the Office of Exporter Services may take into consideration any 
relevant information, including, but not limited to, the seriousness of 
the offense involved in the criminal prosecution, the nature and 
duration of the criminal sanctions imposed, and whether the person has 
undertaken any corrective measures.
    (d) Duration. Any denial of permission to apply for or use export

[[Page 12915]]
licenses, including any License Exception, under this section shall not 
exceed 10 years from the date of the conviction of the person who is 
subject to the denial.
    (e) Effect. Any person denied permission to apply for and use 
licenses under this section will be considered a ``person denied export 
privileges'' for purposes of Sec. 736.2(b)(4) (General Prohibition 4--
Engage in actions prohibited by a denial order) and Sec. 764.2(k) of 
the EAR.
    (f) Publication. The name and address(es) of any person denied 
permission to apply for or use export licenses under this section will 
be published as described in Supplement No. 2 to part 764 of the EAR, 
noting that such action was taken pursuant to this section and section 
11(h) of the EAA.
    (g) Appeal. An appeal of an action under this section will be 
pursuant to part 756 of the EAR.
    (h) Applicability to related person. The Director of the Office of 
Exporter Services, in consultation with the Director of the Office of 
Export Enforcement, may take action in accordance with Sec. 766.23 of 
this part to make applicable to related persons an order that is being 
sought or that has been issued under this section.

PART 768--FOREIGN AVAILABILITY DETERMINATION PROCEDURES AND 
CRITERIA

Sec. 768.1  Introduction.
Sec. 768.2  Foreign availability described.
Sec. 768.3  Foreign availability assessment.
Sec. 768.4  Initiation of an assessment.
Sec. 768.5  Contents of foreign availability submissions and 
Technical Advisory Committee certifications.
Sec. 768.6  Criteria.
Sec. 768.7  Procedures.
Sec. 768.8  Eligibility of expedited licensing procedures for non-
controlled countries.
Sec. 768.9  Appeals of negative foreign availability determinations.
Sec. 768.10  Removal of controls on less sophisticated items.

Supplement No. 1 to Part 768--Evidence of Foreign Availability

Supplement No. 2 to Part 768--Items Eligible For Expedited Licensing 
Procedures

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 12924, 3 CFR, 1994 Comp., p. 917; Notice of August 15, 1995 (60 
FR 42767, August 17, 1995).


Sec. 768.1  Introduction.

    In this part, references to the Export Administration Regulations 
(EAR) are references to 15 CFR chapter VII, subchapter C.
    (a) Authority. Pursuant to sections 5(f) and 5(h) of the Export 
Administration Act (EAA), the Under Secretary of Commerce for Export 
Administration directs the Bureau of Export Administration (BXA) in 
gathering and analyzing all the evidence necessary for the Secretary to 
determine foreign availability.
    (b) Scope. This part applies only to the extent that items are 
controlled for national security purposes.
    (c) Types of programs. There are two general programs of foreign 
availability:
    (1) Foreign availability to controlled countries. In this category 
are denied license assessments (see Secs. 768.4(b) and 768.7 of this 
part) and decontrol assessments (see Secs. 768.4(c) and 768.7 of this 
part).
    (2) Foreign availability to non-controlled countries. In this 
category are denied license assessments, decontrol assessments, and 
evaluations of eligibility for expedited licensing (see Sec. 768.8 of 
this part).
    (d) Definitions. The following are definitions of terms used in 
this part 768:
    Allegation. See foreign availability submission.
    Assessment. An evidentiary analysis that BXA conducts concerning 
the foreign availability of a given item based on the assessment 
criteria, data gathered by BXA, and the data and recommendations 
submitted by the Departments of Defense and State and other relevant 
departments and agencies, TAC committees, and industry.
    Assessment criteria. Statutorily established criteria that must be 
assessed for the Secretary to make a determination with respect to 
foreign availability. They are, available-in-fact, from a non-U.S. 
source, in sufficient quantity so as to render the control ineffective, 
and of comparable quality. (See Sec. 768.6 of this part).
    Available-in-fact. An item is available-in-fact to a country if it 
is produced within the country or if it may be obtained by that country 
from a third country. Ordinarily, items will not be considered 
available-in-fact to non-controlled countries if the items are 
available only under a validated national security license or a 
comparable authorization from a country that maintains export controls 
on such items cooperatively with the United States.
    Claimant. Any party who makes a foreign availability submission, 
excluding TACs.
    Comparable quality. An item is of comparable quality to an item 
controlled under the EAR if it possesses the characteristics specified 
in the Commerce Control List (CCL) for that item and is alike in key 
characteristics that include, but are not limited to: (1) Function; (2) 
technological approach; (3) performance thresholds; (4) maintainability 
and service life; and (5) any other attribute relevant to the purpose 
for which the control was placed on the item.
    Controlled countries. Albania, Armenia, Azerbaijan, Belarus, 
Bulgaria, Cambodia, Cuba, Estonia, Georgia, Kazakhstan, Kyrgystan, 
Laos, Latvia, Lithuania, Moldova, Mongolia, North Korea, Romania, 
Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, Vietnam and the 
People's Republic of China.
    Decontrol. Removal of license requirements under the EAR.
    Decontrol assessment. An assessment of the foreign availability of 
an item to a country or countries for purposes of determining whether 
decontrol is warranted. Such assessments may be conducted after BXA 
receives a foreign availability submission or a TAC certification, or 
by the Secretary's own initiative.
    Denied license assessment. A foreign availability assessment 
conducted as a result of a claimant's allegation of foreign 
availability for an item (or items) that BXA has denied or has issued a 
letter of intent to deny a license. If the Secretary determines that 
foreign availability exists, BXA's approval of a license will be 
limited to the items, countries, and quantities in the allegation.
    Determination. The Secretary's decision that foreign availability 
within the meaning of the EAA does or does not exist. (See Sec. 768.7 
of this part).
    Expedited licensing procedure eligibility evaluation. An evaluation 
that BXA initiates for the purpose of determining whether an item is 
eligible for the expedited licensing procedure. (See Sec. 768.8 of this 
part).
    Expedited licensing procedures. Under expedited licensing 
procedures, BXA reviews and processes a license application for the 
export of an eligible item to a non-controlled country within statutory 
time limits. Licenses are deemed approved unless BXA denies within the 
statutory time limits (See Sec. 768.8 of this part).
    Foreign availability submission (FAS). An allegation of foreign 
availability a claimant makes, supported by reasonable evidence, and 
submits to BXA. (See Sec. 768.5 of this part).
    Item. Any commodity, software, or technology.
    Items eligible for non-controlled country expedited licensing 
procedures. The items described in Supplement No. 2 to this part 768 
are eligible for the

[[Page 12916]]
expedited license procedures (See Sec. 768.8 of this part).
    National Security Override (NSO). A Presidential decision to 
maintain export controls on an item notwithstanding its foreign 
availability as determined under the EAA. The President's decision is 
based on his/her determination that the absence of the controls would 
prove detrimental to the national security of the United States. Once 
the President makes such a decision, the President must actively pursue 
negotiations to eliminate foreign availability with the governments of 
the sources of foreign availability. (See Sec. 768.7 of this part).
    Non-controlled countries. Any country not defined as a controlled 
country by this section.
    Non-U.S. source/foreign source. A person located outside the 
jurisdiction of the United States (as defined in part 772 of the EAR).
    Reasonable evidence. Relevant information that is credible.
    Reliable evidence. Relevant information that is credible and 
dependable.
    Secretary. As used in this part, the Secretary refers to the 
Secretary of Commerce or his/her designee.
    Similar quality. An item is of similar quality to an item that is 
controlled under the EAR if it is substantially alike in key 
characteristics that may include, but are not limited to: (1) Function; 
(2) technological approach; (3) performance thresholds; (4) 
maintainability and service life; and (5) any other attribute relevant 
to the purpose for which the control was placed on the item.
    Sufficient quantity. The amount of an item that would render the 
U.S. export control, or the denial of the license in question, 
ineffective in achieving its purpose. For a controlled country, it is 
the quantity that meets the military needs of that country so that U.S. 
exports of the item to that country would not make a significant 
contribution to its military potential.
    Technical Advisory Committee (TAC). A Committee created under 
section 5(h) of the EAA that advises and assists the Secretary of 
Commerce, the Secretary of Defense, and any other department, agency, 
or official of the Government of the United States to which the 
President delegates authority under the EAA on export control matters 
related to specific areas of controlled items.
    TAC certification. A statement that a TAC submits to BXA, supported 
by reasonable evidence, documented as in a FAS, that foreign 
availability to a controlled country exists for an item that falls 
within the TAC's area of technical expertise.


Sec. 768.2  Foreign availability described.

    (a) Foreign availability. Foreign availability exists when the 
Secretary determines that an item is comparable in quality to an item 
subject to U.S. national security export controls, and is available-in-
fact to a country, from a non-U.S. source, in sufficient quantities to 
render the U.S. export control of that item or the denial of a license 
ineffective. For a controlled country, such control or denial is 
``ineffective'' when maintaining such control or denying a specific 
license would not restrict the availability of items that would make a 
significant contribution to the military potential of the controlled 
country or combination of countries detrimental to the national 
security of the United States (see sections 5(a) and 3(2)(A) of the 
EAA.)
    (b) Types of foreign availability. There are two types of foreign 
availability:
    (1) Foreign availability to a controlled country; and
    (2) Foreign availability to a non-controlled country.

(Note to paragraph (b) of this section: See Sec. 768.7 of this part 
for delineation of the foreign availability assessment procedures, 
and Sec. 768.6 of this part for the criteria used in determining 
foreign availability)


Sec. 768.3  Foreign availability assessment.

    (a) Foreign availability assessment. A foreign availability 
assessment is an evidentiary analysis that BXA conducts to assess the 
foreign availability of a given item according to the assessment 
criteria, based on data submitted by a claimant, the data gathered by 
BXA, and the data and recommendations submitted by the Departments of 
Defense and State and other relevant departments and agencies, TAC 
committees, and industry. BXA uses the results of the analysis in 
formulating its recommendation to the Secretary on whether foreign 
availability exists for a given item. If the Secretary determines that 
foreign availability exists, the Secretary will decontrol the item for 
national security reasons or approve the license in question if there 
is no foreign policy reason to deny the license, unless the President 
exercises a National Security Override (see Sec. 768.7 of this part).
    (b) Types of assessments. There are two types of foreign 
availability assessments:
    (1) Denied license assessment; and
    (2) Decontrol assessment.
    (c) Expedited licensing procedures. See Sec. 768.8 of this part for 
the evaluation of eligibility of an item for the expedited licensing 
procedures.


Sec. 768.4  Initiation of an assessment.

    (a) Assessment request. To initiate an assessment, each claimant or 
TAC must submit a FAS or a TAC Certification to BXA. TACs are 
authorized to certify foreign availability only to controlled 
countries. Claimants can allege foreign availability for either 
controlled or non-controlled countries.
    (b) Denied license assessment. A claimant whose license application 
BXA has denied, or for which it has issued a letter of intent to deny 
on national security grounds, may request that BXA initiate a denied 
license assessment by submitting a Foreign Availability Submission 
(FAS) within 90 days after denial of the license. As part of its 
submission, the claimant must request that the specified license 
application be approved on the grounds of foreign availability. The 
evidence must relate to the particular export as described on the 
license application and to the alleged comparable item. If foreign 
availability is found, the Secretary will approve the license for the 
specific items, countries, and quantities listed on the application. 
The denied license assessment procedure, however, is not intended to 
result in the removal of the U.S. export control on an item by 
incrementally providing a country with amounts that, taken together, 
would constitute a sufficient quantity of an item. The Secretary will 
not approve on foreign availability grounds a denied license if the 
approval of such license would itself render the U.S. export control 
ineffective in achieving its purpose. In the case of a positive 
determination, the Secretary will determine whether a decontrol 
assessment is warranted. If so, then BXA will initiate a decontrol 
assessment.
    (c) Decontrol assessment. (1) Any claimant may at any time request 
that BXA initiate a decontrol assessment by a FAS to BXA alleging 
foreign availability to any country or countries.
    (2) A TAC may request that BXA initiate a decontrol assessment at 
any time by submitting a TAC Certification to BXA that there is foreign 
availability to a controlled country for items that fall within the 
area of the TAC's technical expertise.
    (3) The Secretary, on his/her own initiative, may initiate a 
decontrol assessment.
    (d) BXA mailing address. All foreign availability submissions and 
TAC certifications should be submitted to: Department of Commerce, 
Bureau of Export Administration, 14th Street and Pennsylvania Avenue, 
NW, Room 3877, Washington, DC 20230.

[[Page 12917]]



Sec. 768.5  Contents of foreign availability submissions and Technical 
Advisory Committee certifications.

    (a) All foreign availability submissions must contain, in addition 
to information on product or technology alleged to be available from 
foreign sources, at least:
    (1) The name of the claimant;
    (2) The claimant's mailing and business address;
    (3) The claimant's telephone number; and
    (4) A contact point and telephone number.
    (b) Foreign availability submissions and TAC certifications should 
contain as much evidence as is available to support the claim, 
including, but not limited to:
    (1) Product names and model designations of the items alleged to be 
comparable;
    (2) Extent to which the alleged comparable item is based on U.S. 
technology;
    (3) Names and locations of the non-U.S. sources and the basis for 
claiming that the item is a non-U.S. source item;
    (4) Key performance elements, attributes, and characteristics of 
the items on which a qualitative comparison may be made;
    (5) Non-U.S. source's production quantities and/or sales of the 
alleged comparable items and marketing efforts;
    (6) Estimated market demand and the economic impact of the control;
    (7) Product names, model designations, and value of U.S. controlled 
parts and components incorporated in the items alleged to be 
comparable; and
    (8) The basis for the claim that the item is available-in-fact to 
the country or countries for which foreign availability is alleged.
    (c) Supporting evidence of foreign availability may include, but is 
not limited to, the following:
    (1) Foreign manufacturers' catalogs, brochures, operation or 
maintenance manuals;
    (2) Articles from reputable trade and technical publications;
    (3) Photographs;
    (4) Depositions based on eyewitness accounts; and
    (5) Other credible evidence.

    Note to paragraph (c) of this section: See Supplement No. 1 to 
part 768 for additional examples of supporting evidence.

    (d) Upon receipt of a FAS or TAC certification, BXA will review it 
to determine whether there is sufficient evidence to support the belief 
that foreign availability may exist. If BXA determines the FAS or TAC 
certification is lacking in supporting evidence, BXA will seek 
additional evidence from appropriate sources, including the claimant or 
TAC. BXA will initiate the assessment when it determines that it has 
sufficient evidence that foreign availability may exist. Claimant and 
TAC certified assessments will be deemed to be initiated as of the date 
of such determination.
    (e) Claimants and TACs are advised to review the foreign 
availability assessment criteria described in Sec. 768.6 of this part 
and the examples of evidence described in Supplement No. 1 to part 768 
when assembling supporting evidence for inclusion in the FAS or TAC 
certification.


Sec. 768.6  Criteria.

    BXA will evaluate the evidence contained in a FAS or TAC 
certification and all other evidence gathered in the assessment process 
in accordance with certain criteria that must be met before BXA can 
recommend a positive determination to the Secretary. The criteria are 
defined in Sec. 768.1(d) of this part. In order to initiate an 
assessment, each FAS and TAC certification should address each of these 
criteria. The criteria are statutorily prescribed and are:
    (a) Available-in-fact;
    (b) Non-U.S. source;
    (c) Sufficient quantity; and
    (d) Comparable quality.


Sec. 768.7  Procedures.

    (a) Initiation of an assessment. (1) Once BXA accepts a FAS or TAC 
certification of foreign availability, BXA will notify the claimant or 
TAC that it is initiating the assessment.
    (2) BXA will publish a Federal Register notice of the initiation of 
any assessment.
    (3) BXA will notify the Departments of Defense and State, the 
intelligence community, and any other departments, agencies and their 
contractors that may have information concerning the item on which BXA 
has initiated an assessment. Each such department, agency, and 
contractor shall provide BXA all relevant information concerning the 
item. BXA will invite interested departments and agencies to 
participate in the assessment process (See paragraph (e) of this 
section).
    (b) Data gathering. BXA will seek and consider all available 
information that bears upon the presence or absence of foreign 
availability, including but not limited to that evidence described in 
Sec. 768.5 (b) and (c) of this part. As soon as BXA initiates the 
assessment, it will seek evidence relevant to the assessment, including 
an analysis of the military needs of a selected country or countries, 
technical analysis, and intelligence information from the Departments 
of Defense and State, and other U.S. agencies. Evidence is particularly 
sought from: industry sources worldwide; other U.S. organizations; 
foreign governments; commercial, academic and classified data bases; 
scientific and engineering research and development organizations; and 
international trade fairs.
    (c) Analysis. BXA will conduct its analysis by evaluating whether 
the reasonable and reliable evidence that is relevant to each of the 
foreign availability criteria provides a sufficient basis to recommend 
a determination that foreign availability does or does not exist.
    (d) Recommendation and determination. (1) Upon completion of each 
assessment, BXA, on the basis of its analysis, will recommend that the 
Secretary make a determination either that there is or that there is 
not foreign availability, whichever the evidence supports. The 
assessment upon which BXA bases its recommendation will accompany the 
recommendation to the Secretary.
    (2) BXA will recommend on the basis of its analysis that the 
Secretary determine that foreign availability exists to a country when 
the available evidence demonstrates that an item of comparable quality 
is available-in-fact to the country, from non-U.S. sources, in 
sufficient quantity so that continuation of the existing national 
security export control, or denial of the license application in 
question on national security grounds, would be ineffective in 
achieving its purpose. For a controlled country, such control or denial 
is ``ineffective'' when comparable items are available-in-fact from 
foreign sources in sufficient quantities so that maintaining such 
control or denying a license would not be effective in restricting the 
availability of items that would make a significant contribution to the 
military potential of any country or combination of countries 
detrimental to the national security of the United States.
    (3) The Secretary will make the determination of foreign 
availability on the basis of the BXA assessment and recommendation; the 
Secretary's determination will take into account the evidence provided 
to BXA, the recommendations of the Secretaries of Defense and State and 
any other interested agencies, and any other information that the 
Secretary considers relevant.

[[Page 12918]]

    (4) For all decontrol and denied license assessments (under section 
5(f)(3) of the EAA) initiated by a FAS, the Secretary will make a 
determination within 4 months of the initiation of the assessment and 
will notify the claimant. The Secretary will submit positive 
determinations for review to the appropriate departments and agencies.
    (5) The deadlines for determinations based on self-initiated and 
TAC-initiated assessments are different from the deadlines for 
claimant-initiated assessments (see paragraphs (f)(2) and (f)(3) of 
this section).
    (e) Interagency review. BXA will notify all appropriate U.S. 
agencies and Departments upon the initiation of an assessment and will 
invite their participation in the assessment process. BXA will provide 
all interested agencies and departments an opportunity to review source 
material, draft analyses and draft assessments immediately upon their 
receipt or production. For claimant-initiated assessments, BXA will 
provide a copy of all positive recommendations and assessments to 
interested agencies and departments for their review following the 
Secretary's determination of foreign availability. For self-initiated 
and TAC-initiated assessments, BXA will provide all interested agencies 
an opportunity to review and comment on the assessment.
    (f) Notification. (1) No later than 5 months after the initiation 
of an assessment based on a FAS (claimant assessments), the Secretary 
will inform the claimant in writing and will submit for publication in 
the Federal Register a notice that:
    (i) Foreign availability exists, and
    (A) The requirement of a license has been removed or the license 
application in question has been approved; or
    (B) The President has determined that for national security 
purposes the export controls must be maintained or the license 
application must be denied, notwithstanding foreign availability, and 
that appropriate steps to eliminate the foreign availability are being 
initiated; or
    (C) In the case of an item controlled multilaterally under the 
former COCOM regime, the U.S. Government will conduct any necessary 
consultations concerning the proposed decontrol or approval of the 
license with the former COCOM regime for a period of up to 4 months 
from the date of the publication of the determination in the Federal 
Register (the U.S. Government may remove the license requirement for 
exports to non-controlled countries pending completion of the former 
COCOM regime review process); or
    (ii) Foreign availability does not exist.
    (2) For all TAC certification assessments, the Secretary will make 
a foreign availability determination within 90 days following 
initiation of the assessment. BXA will prepare and submit a report to 
the TAC and to the Congress stating that:
    (i) The Secretary has found foreign availability and has removed 
the license requirement; or
    (ii) The Secretary has found foreign availability, but has 
recommended to the President that negotiations be undertaken to 
eliminate the foreign availability; or
    (iii) The Secretary has not found foreign availability.
    (3) There is no statutory deadline for assessments self-initiated 
by the Secretary or for the resulting determination. However, BXA will 
make every effort to complete such assessments and determinations 
promptly.
    (g) Foreign availability to controlled countries. When the 
Secretary determines that an item controlled for national security 
reasons is available to a controlled country and the President does not 
issue a National Security Override (NSO), BXA will submit the 
determination to the Department of State, along with a draft proposal 
for the multilateral decontrol of the item or for the former COCOM 
regime approval of the license. The Department of State will submit the 
proposal or the license for former COCOM regime review. The former 
COCOM regime will have up to 4 months for review of the proposal.
    (h) Foreign availability to non-controlled countries. If the 
Secretary determines that foreign availability to non-controlled 
countries exists, the Secretary will decontrol the item for export to 
all non-controlled countries where it is found to be available, or 
approve the license in question, unless the President exercises a 
National Security Override.
    (i) Negotiations to eliminate foreign availability. (1) The 
President may determine that an export control must be maintained 
notwithstanding the existence of foreign availability. Such a 
determination is called a National Security Override (NSO) and is based 
on the President's decision that the absence of the control would prove 
detrimental to the United States national security. Unless extended (as 
described in paragraph (i)(7) of this section), an NSO is effective for 
6 months. Where the President invokes an NSO, the U.S. Government will 
actively pursue negotiations with the government of any source country 
during the 6 month period to eliminate the availability.
    (2) There are two types of National Security Overrides:
    (i) An NSO of a determination of foreign availability resulting 
from an assessment initiated pursuant to section 5(f) of the EAA 
(claimant and self-initiated assessments); and
    (ii) An NSO of a determination of foreign availability resulting 
from an assessment initiated pursuant to section 5(h) of the EAA (TAC-
certification assessments).
    (3) For an NSO resulting from an assessment initiated under section 
5(f) of the EAA, the Secretary of any agency may recommend that the 
President exercise the authority under the EAA to retain the controls 
or deny the license notwithstanding the finding of foreign 
availability.
    (4) For an NSO resulting from an assessment initiated under section 
5(h) of the EAA, the Secretary of Commerce may recommend that the 
President exercise the authority under the EAA to retain the controls 
notwithstanding the finding of foreign availability.
    (5) Under an NSO resulting from an assessment initiated under 
section 5(f) of the EAA, the Committee on Banking, Housing, and Urban 
Affairs of the Senate and the Committee on International Relations of 
the House of Representatives will be notified of the initiation of the 
required negotiations. The notice will include an explanation of the 
national security interest that necessitates the retention of controls.
    (6) Under an NSO resulting from an assessment initiated under 
section 5(f) of the EAA, BXA will publish notices in the Federal 
Register consisting of:
    (i) The Secretary's determination of foreign availability;
    (ii) The President's decision to exercise the NSO;
    (iii) A concise statement of the basis for the President's 
decision; and
    (iv) An estimate of the economic impact of the decision.
    (7) The 6 month effective period for an NSO may be extended up to 
an additional 12 months if, prior to the end of the 6 months, the 
President certifies to Congress that the negotiations are progressing, 
and determines that the absence of the controls would continue to be 
detrimental to the United States national security.
    (8) After the conclusion of negotiations, BXA will retain the 
control only to the extent that foreign availability is eliminated. If 
foreign availability is not eliminated, BXA will decontrol the item by 
removing the requirement for a license for the export of the item to 
the destinations covered by the assessment. To the extent that the 
negotiations are successful and the

[[Page 12919]]
foreign availability is eliminated, BXA will remove the license 
requirement for the export of the item to any country that has agreed 
to eliminate foreign availability.
    (j) Changes in foreign availability. If BXA becomes aware of 
conditions, including new evidence, that affect a previous 
determination that foreign availability exists or does not exist, BXA 
may review the conditions. If BXA finds that the foreign availability 
previously determined no longer exists, or that foreign availability 
not earlier found now does exist, BXA will make a recommendation to the 
Secretary of Commerce for the appropriate changes in the control. The 
Secretary of Commerce will make a determination, and BXA will publish a 
Federal Register notice of the determination.


Sec. 768.8  Eligibility of expedited licensing procedures for non-
controlled countries.

    (a) BXA determines the eligibility of an item for expedited 
licensing procedures on the basis of an evaluation of the foreign 
availability of the item. Eligibility is specific to the items and the 
countries to which they are found to be available.
    (b) BXA will initiate an eligibility evaluation:
    (1) On its own initiative;
    (2) On receipt of a FAS; or
    (3) On receipt of a TAC certification.
    (c) Upon initiation of an eligibility evaluation following receipt 
of either a FAS or TAC certification, BXA will notify the claimant or 
TAC of the receipt and initiation of an evaluation and publish a 
Federal Register notice of the initiation of the evaluation.
    (d) The criteria for determining eligibility for expedited 
licensing procedures are:
    (1) The item must be available-in-fact to the specified
    non-controlled country from a foreign source;
    (2) The item must be of a quality similar to that of the U.S.-
controlled item; and
    (3) The item must be available-in-fact to the specified non-
controlled country without effective restrictions.
    (e) Within 30 days of initiation of the evaluation, the Secretary 
of Commerce will make a determination of foreign availability on the 
basis of the BXA evaluation and recommendation, taking into 
consideration the evidence the Secretaries of Defense, State, and other 
interested agencies provide to BXA and any other information that the 
Secretary considers relevant.
    (f) Within 30 days of the receipt of the FAS or TAC certification, 
BXA will publish the Secretary's determination in the Federal Register, 
that the item will or will not be eligible for expedited licensing 
procedures to the stated countries and, where appropriate, amend 
Supplement No. 2 to part 768.
    (g) Following completion of a self-initiated evaluation, BXA will 
be notified of the Secretary's determination and, where appropriate, 
Supplement No. 2 to part 768 will be amended.
    (h) Foreign availability submissions and TAC certifications to 
initiate an expedited licensing procedure evaluation must be clearly 
designated on their face as a request for expedited licensing procedure 
and must specify the items, quantities and countries alleged eligible. 
Submissions and certifications should be sent to: Department of 
Commerce, Bureau of Export Administration, 14th Street and Pennsylvania 
Avenue, NW., Room 3877, Washington, DC 20230.


Sec. 768.9  Appeals of negative foreign availability determinations.

    Appeals of negative determinations will be conducted according to 
the standards and procedures described in part 756 of the EAR. A 
Presidential decision (NSO) to deny a license or continue controls 
notwithstanding a determination of foreign availability is not subject 
to appeal.


Sec. 768.10  Removal of controls on less sophisticated items.

    Where the Secretary has removed national security controls on an 
item for foreign availability reasons, the Secretary will also remove 
controls on similar items that are controlled for national security 
reasons and whose functions, technological approach, performance 
thresholds, and other attributes that form the basis for national 
security export controls do not exceed the technical parameters of the 
item that BXA has decontrolled for foreign availability reasons.

Supplement No. 1 to Part 768--Evidence of Foreign Availability

    This Supplement provides a list of examples of evidence that the 
Bureau of Export Administration (BXA) has found to be useful in 
conducting assessments of foreign availability. A claimant submitting 
evidence supporting a claim of foreign availability should review this 
list for suggestions as evidence is collected. Acceptable evidence 
indicating possible foreign availability is not limited to these 
examples, nor is any one of these examples, usually, in and of itself, 
necessarily sufficient to meet a foreign availability criterion. A 
combination of several types of evidence for each criterion usually is 
required. A Foreign Availability Submission (FAS) should include as 
much evidence as possible on all four of the criteria listed below. BXA 
combines the submitted evidence with the evidence that it collects from 
other sources. BXA evaluates all evidence, taking into account factors 
that may include, but are not limited to: Information concerning the 
source of the evidence, corroborative or contradictory indications, and 
experience concerning the reliability or reasonableness of such 
evidence. BXA will assess all relevant evidence to determine whether 
each of the four criteria has been met. Where possible, all information 
should be in writing. If information is based on third party 
documentation, the submitter should provide such documentation to BXA. 
If information is based on oral statements a third party made, the 
submitter should provide a memorandum of the conversation to BXA if the 
submitter cannot obtain a written memorandum from the source. BXA will 
amend this informational list as it identifies new examples of 
evidence.
    (a) Examples of evidence of foreign availability:
    The following are intended as examples of evidence that BXA will 
consider in evaluating foreign availability. BXA will evaluate all 
evidence according to the provisions in Sec. 768.7(c) of this part in 
order for it to be used in support of a foreign availability 
determination. This list is illustrative only.
    (1) Available-in-fact:
    (i) Evidence of marketing of an item in a foreign country (e.g., an 
advertisement in the media of the foreign country that the item is for 
sale there);
    (ii) Copies of sales receipts demonstrating sales to foreign 
countries;
    (iii) The terms of a contract under which the item has been or is 
being sold to a foreign country;
    (iv) Information, preferably in writing, from an appropriate 
foreign government official that the government will not deny the sale 
of an item it produces to another country in accordance with its laws 
and regulations;
    (v) Information, preferably in writing, from a named company 
official that the company legally can and would sell an item it 
produces to a foreign country;
    (vi) Evidence of actual shipments of the item to foreign countries 
(e.g., shipping documents, photographs, news reports);
    (vii) An eyewitness report of such an item in operation in a 
foreign country, providing as much information as available, including 
where possible the

[[Page 12920]]
make and model of the item and its observed operating characteristics;
    (viii) Evidence of the presence of sales personnel or technical 
service personnel in a foreign country;
    (ix) Evidence of production within a foreign country;
    (x) Evidence of the item being exhibited at a trade fair in a 
foreign country, particularly for the purpose of inducing sales of the 
item to the foreign country;
    (xi) A copy of the export control laws or regulations of the source 
country, showing that the item is not controlled; or
    (xii) A catalog or brochure indicating the item is for sale in a 
specific country.
    (2) Foreign (non-U.S.) source:
    (i) Names of foreign manufacturers of the item including, if 
possible, addresses and telephone numbers;
    (ii) A report from a reputable source of information on commercial 
relationships that a foreign manufacturer is not linked financially or 
administratively with a U.S. company;
    (iii) A list of the components in the U.S. item and foreign item 
indicating model numbers and their sources;
    (iv) A schematic of the foreign item identifying its components and 
their sources;
    (v) Evidence that the item is a direct product of foreign 
technology (e.g., a patent law suit lost by a U.S. producer, a foreign 
patent);
    (vi) Evidence of indigenous technology, production facilities, and 
the capabilities at those facilities; or
    (vii) Evidence that the parts and components of the item are of 
foreign origin or are exempt from U.S. licensing requirements by the 
parts and components provision Sec. 732.4 of the EAR.
    (3) Sufficient quantity:
    (i) Evidence that foreign sources have the item in serial 
production;
    (ii) Evidence that the item or its product is used in civilian 
applications in foreign countries;
    (iii) Evidence that a foreign country is marketing in the specific 
country an item of its indigenous manufacture;
    (iv) Evidence of foreign inventories of the item;
    (v) Evidence of excess capacity in a foreign country's production 
facility;
    (vi) Evidence that foreign countries have not targeted the item or 
are not seeking to purchase it in the West;
    (vii) An estimate by a knowledgeable source of the foreign 
country's needs; or
    (viii) An authoritative analysis of the worldwide market (i.e., 
demand, production rate for the item for various manufacturers, plant 
capacities, installed tooling, monthly production rates, orders, sales 
and cumulative sales over 5-6 years).
    (4) Comparable quality:
    (i) A sample of the foreign item;
    (ii) Operation or maintenance manuals of the U.S. and foreign 
items;
    (iii) Records or a statement from a user of the foreign item;
    (iv) A comparative evaluation, preferably in writing, of the U.S. 
and foreign items by, for example, a western producer or purchaser of 
the item, a recognized expert, a reputable trade publication, or 
independent laboratory;
    (v) A comparative list identifying, by manufacturers and model 
numbers, the key performance components and the materials used in the 
item that qualitatively affect the performance of the U.S. and foreign 
items;
    (vi) Evidence of the interchangeability of U.S. and foreign items;
    (vii) Patent descriptions for the U.S. and foreign items;
    (viii) Evidence that the U.S. and foreign items meet a published 
industry, national, or international standard;
    (ix) A report or eyewitness account, by deposition or otherwise, of 
the foreign item's operation;
    (x) Evidence concerning the foreign manufacturers' corporate 
reputation;
    (xi) Comparison of the U.S. and foreign end item(s) made from a 
specific commodity, tool(s), device(s), or technical data; or
    (xii) Evidence of the reputation of the foreign item including, if 
possible, information on maintenance, repair, performance, and other 
pertinent factors.

Supplement No. 2 to Part 768--Items Eligible for Expedited Licensing 
Procedures--[Reserved]

PART 770--INTERPRETATIONS

Sec.
770.1  Introduction.
770.2  Commodity interpretations.
770.3  Interpretations related to exports of technology and software 
to destinations in Country Group D:1.
770.4  Interpretations related to chemical mixtures--de minimis 
exceptions examples.

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 12924, 3 CFR, 1994 Comp., p. 917; Notice of August 15, 1995 (60 
FR 42767, August 17, 1995).


Sec. 770.1  Introduction.

    In this part, references to the EAR are references to 15 CFR 
chapter VII, subchapter C. This part provides commodity, technology, 
and software interpretations. These interpretations clarify the scope 
of controls where such scope is not readily apparent from the Commerce 
Control List (CCL) (see Supplement No. 1 to part 774 of the EAR) and 
other provisions of the Export Administration Regulations.


Sec. 770.2  Commodity interpretations.

    (a) Interpretation 1: Anti-friction bearing or bearing systems and 
specially designed parts. (1) Anti-friction bearings or bearing systems 
shipped as spares or replacements are classified under Export Control 
Classification Numbers (ECCNs) 2A001, 2A002, 2A003, 2A004, 2A005, and 
2A006 (ball, roller, or needle-roller bearings and parts). This applies 
to separate shipments of anti-friction bearings or bearing systems and 
anti-friction bearings or bearing systems shipped with machinery or 
equipment for which they are intended to be used as spares or 
replacement parts.
    (2) An anti-friction bearing or bearing system physically 
incorporated in a segment of a machine or in a complete machine prior 
to shipment loses its identity as a bearing. In this scenario, the 
machine or segment of machinery containing the bearing is the item 
subject to export control requirements.
    (3) An anti-friction bearing or bearing system not incorporated in 
a segment of a machine prior to shipment, but shipped as a component of 
a complete unassembled (knocked-down) machine, is considered a 
component of a machine. In this scenario, the complete machine is the 
item subject to export license requirements.
    (b) Interpretation 2: Classification of ``parts'' of machinery, 
equipment, or other items. (1) An assembled machine or unit of 
equipment is being exported. In instances where one or more assembled 
machines or units of equipment are being exported, the individual 
component parts that are physically incorporated into the machine or 
equipment do not require a license. The license or general exception 
under which the complete machine or unit of equipment is exported will 
also cover its component parts, provided that the parts are normal and 
usual components of the machine or equipment being exported, or that 
the physical incorporation is not used as a device to evade the 
requirement for a license.
    (2) Parts are exported as spares, replacements, for resale, or for 
stock. In instances where parts are exported as spares, replacements, 
for resale, or for stock, a license is required only if the appropriate 
entry for the part specifies that a license is required for the 
intended destination.
    (c) Interpretation 3: Wire or cable cut to length. (1) Wire or 
cable may be included as a component of a system or piece of equipment, 
whether or not the

[[Page 12921]]
wire or cable is cut to length and whether or not it is fitted with 
connectors at one or both ends, so long as it is in normal quantity 
necessary to make the original installation of the equipment and is 
necessary to its operation.
    (2) Wire or cable exported as replacement or spares, or for further 
manufacture is controlled under the applicable wire or cable ECCN only. 
This includes wire or cable, whether or not cut to length or fitted 
with connectors at one or both ends.
    (d) Interpretation 4: Telecommunications equipment and systems. 
Control equipment for paging systems (broadcast radio or selectively 
signalled receiving systems) is defined as circuit switching equipment 
in Category 5 of the CCL.
    (e) Interpretation 5: Numerical control systems. (1) Classification 
of ``Numerical Control'' Units. ``Numerical control'' units for machine 
tools, regardless of their configurations or architectures, are 
controlled by their functional characteristics as described in ECCN 
2B001.a. ``Numerical control'' units include computers with add-on 
``motion control boards''. A computer with add-on ``motion control 
boards'' for machine tools may be controlled under ECCN 2B001.a even 
when the computer alone without ``motion control boards'' is not 
subject to licensing requirements under Category 4 and the ``motion 
control boards'' are not controlled under ECCN 2B001.b.
    (2) Export documentation requirement. (i) When preparing a license 
application for a numerical control system, the machine tool and the 
control unit are classified separately. If either the machine tool or 
the control unit requires a license, then the entire unit requires a 
license. If either a machine tool or a control unit is exported 
separately from the system, the exported component is classified on the 
license application without regard to the other parts of a possible 
system.
    (ii) When preparing the Shipper's Export Declaration (SED), a 
system being shipped complete (i.e., machine and control unit), should 
be reported under the Schedule B number for each machine. When either a 
control unit or a machine is shipped separately, it should be reported 
under the Schedule B number appropriate for the individual item being 
exported.
    (f) Interpretation 6: Parts, accessories, and equipment exported as 
scrap. Parts, accessories, or equipment that are being shipped as scrap 
should be described on the SED in sufficient detail to be identified 
under the proper ECCN. When commodities declared as parts, accessories, 
or equipment are shipped in bulk, or are otherwise not packaged, 
packed, or sorted in accordance with normal trade practices, the 
Customs Officer may require evidence that the shipment is not scrap. 
Such evidence may include, but is not limited to, bills of sale, orders 
and correspondence indicating whether the commodities are scrap or are 
being exported for use as parts, accessories, or equipment.
    (g) Interpretation 7: Scrap arms, ammunition, and implements of 
war. Arms, ammunition, and implements of war, as defined in the U.S. 
Munitions List, and are under the jurisdiction of the U.S. Department 
of State (22 CFR parts 120 through 130), except for the following, 
which are under the jurisdiction of the Department of Commerce:
    (1) Cartridge and shell cases that have been rendered useless 
beyond the possibility of restoration to their original identity by 
means of excessive heating, flame treatment, mangling, crushing, 
cutting, or by any other method are ``scrap''.
    (2) Cartridge and shell cases that have been sold by the armed 
services as ``scrap'', whether or not they have been heated, flame-
treated, mangled, crushed, cut, or reduced to scrap by any other 
method.
    (3) Other commodities that may have been on the U.S. Munitions List 
are ``scrap'', and therefore under the jurisdiction of the Department 
of Commerce, if they have been rendered useless beyond the possibility 
of restoration to their original identify only by means of mangling, 
crushing, or cutting. When in doubt as to whether a commodity covered 
by the Munitions List has been rendered useless, exporters should 
consult the Office of Defense Trade Controls, U.S. Department of State, 
Washington, DC 20520, or the Exporter Counseling Division, Office of 
Exporter Services, Room 1099A, U.S. Department of Commerce, Washington, 
DC 20230, before reporting a shipment as metal scrap.
    (h) Interpretation 8: Military automotive vehicles and parts for 
such vehicles. (1) Military automotive vehicles. (i) For purposes of 
U.S. export controls, military automotive vehicles ``possessing or 
built to current military specifications differing materially from 
normal commercial specifications'' may include, but are not limited to, 
the following characteristics:
    (A) Special fittings for mounting ordnance or military equipment;
    (B) Bullet-proof glass;
    (C) Armor plate;
    (D) Fungus preventive treatment;
    (E) Twenty-four volt electrical systems;
    (F) Shielded electrical system (electronic emission suppression); 
or
    (G) Puncture-proof or run-flat tires.
    (ii) Automotive vehicles fall into two categories.
    (A) Military automotive vehicles on the Munitions List, new and 
used. Automotive vehicles in this category are primarily combat 
(fighting) vehicles, with or without armor and/or armament, ``designed 
for specific fighting function.'' These automotive vehicles are 
licensed for export by the U.S. Department of State (22 CFR parts 120 
through 130).
    (B) Military automotive vehicles not on the U.S. Munitions List, 
new and used. Automotive vehicles in this category are primarily 
transport vehicles designed for non-combat military purposes 
(transporting cargo, personnel and/or equipment, and/or for to wing 
other vehicles and equipment over land and roads in close support of 
fighting vehicles and troops). These automotive vehicles are licensed 
for export by the U.S. Department of Commerce.
    (iii) Parts for military automotive vehicles. Functional parts are 
defined as those parts making up the power train of the vehicles, 
including the electrical system, the cooling system, the fuel system, 
and the control system (brake and steering mechanism), the front and 
rear axle assemblies including the wheels, the chassis frame, springs 
and shock absorbers. Parts specifically designed for military 
automotive vehicles on the Munitions List are licensed for export by 
the U.S. Department of State (22 CFR parts 120 through 130).
    (iv) General instructions. Manufacturers of non-Munitions List 
automotive vehicles and/or parts will know whether their products meet 
the conditions described in this paragraph (h). Merchant exporters and 
other parties who are not sure whether their products (automotive 
vehicles and/or parts) meet these conditions should check with their 
suppliers for the required information before making a shipment under 
general exception or submitting an application to BXA for a license.
    (2) [Reserved]
    (i) Interpretation 9: Aircraft, parts, accessories and components. 
Aircraft, parts, accessories, and components defined in Categories VIII 
and IX of the Munitions List are under the export licensing authority 
of the U.S. Department of State (22 CFR parts 120 through 130). All 
other aircraft, and parts, accessories and components therefor, are 
under the export licensing

[[Page 12922]]
authority of the U.S. Department of Commerce. The following aircraft, 
parts, accessories and components are under the licensing authority of 
the U.S. Department of Commerce:
    (1) Any aircraft (except an aircraft that has been demilitarized, 
but including aircraft specified in paragraph (i)(2) of this section) 
that conforms to a Federal Aviation Agency type certificate in the 
normal, utility, acrobatic, transport, or restricted category, provided 
such aircraft has not been equipped with or modified to include 
military equipment, such as gun mounts, turrets, rocket launchers, or 
similar equipment designed for military combat or military training 
purposes.
    (2) Only the following military aircraft, demilitarized (aircraft 
not specifically equipped, reequipped, or modified for military 
operations):
    (i) Cargo, bearing designations ``C-45 through C-118 inclusive,'' 
and ``C-121'';
    (ii) Trainers, bearing a ``T'' designation and using piston 
engines;
    (iii) Utility, bearing a ``U'' designation and using piston 
engines;
    (iv) Liaison, bearing an ``L'' designation; and
    (v) Observation, bearing an ``O'' designation and using piston 
engines.
    (3) All reciprocating engines.
    (4) Other aircraft engines not specifically designed or modified 
for military aircraft.
    (5) Parts, accessories, and components (including propellers), 
designed exclusively for aircraft and engines described in paragraphs 
(i)(1), (i)(2), (i)(3), and (i)(4) of this section.
    (6) General purpose parts, accessories, and components usable 
interchangeably on either military or civil aircraft.
    (j) Interpretation 10: Civil aircraft inertial navigation 
equipment. (1) The Department of Commerce has licensing jurisdiction 
over exports and reexports to all destinations of inertial navigation 
systems, inertial navigation equipment, and specially designed 
components therefor for ``civil aircraft''.
    (2) The Department of State, retains jurisdiction over all software 
and technology for inertial navigation systems and navigation 
equipment, and specially designed components therefor, for shipborne 
use, underwater use, ground vehicle use, spaceborne use or use other 
than ``civil aircraft''.
    (k) Interpretation 11: Precursor chemicals. The following chemicals 
are controlled by ECCN 1C350. The appropriate Chemical Abstract Service 
Registry (C.A.S.) number and synonyms, (i.e., alternative names) are 
included to help you determine whether your chemicals are controlled by 
this entry. These chemicals require a license to all countries except 
Argentina, Australia, Austria, Belgium, Canada, Denmark, Czech 
Republic, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, 
Italy, Japan, Luxembourg, the Netherlands, New Zealand, Norway, 
Portugal, Spain, Sweden, Switzerland, and the United Kingdom.

(1) (C.A.S. #1341-49-7) Ammonium hydrogen bifluoride
    Acid ammonium fluoride
    Ammonium bifluoride
    Ammonium difluoride
    Ammonium hydrofluoride
    Ammonium hydrogen bifluoride
    Ammonium hydrogen difluoride
    Ammonium monohydrogen difluoride
(2) (C.A.S. #7784-34-1) Arsenic trichloride
    Arsenic (III) chloride
    Arsenous chloride
    Fuming liquid arsenic
    Trichloroarsine
(3) (C.A.S. #76-93-7) Benzilic acid
    .alpha.,.alpha.-Diphenyl-.alpha.-hydroxyacetic acid
    Diphenylglycolic acid
    .alpha.,.alpha.-Diphenylglycolic acid
    Diphenylhydroxyacetic acid
    .alpha.-Hydroxy-2,2-diphenylacetic acid
    2-Hydroxy-2,2-diphenylacetic acid
    .alpha.-Hydroxy-.alpha.-phenylbenzeneacetic acid
    Hydroxydiphenylacetic acid
(4) (C.A.S. #107-07-3) 2-Chloroethanol
    2-Chloro-1-ethanol
    Chloroethanol
    2-Chloroethyl alcohol
    Ethene chlorohydrin
    Ethylchlorohydrin
    Ethylene chlorhydrin
    Ethylene chlorohydrin
    Glycol chlorohydrin
    Glycol monochlorohydrin
    2-Hydroxyethyl chloride
(5) (C.A.S. #78-38-6) Diethyl ethylphosphonate Ethylphosphonic acid 
diethyl ester
(6) (C.A.S. #15715-41-0) Diethyl methylphosphonite
    Diethoxymethylphosphine
    Diethyl methanephosphonite
    0,0-Diethyl methylphosphonite
    Methyldiethoxyphosphine
    Methylphosphonous acid diethyl ester
(7) (C.A.S. #2404-03-7) Diethyl-N, N-dimethylphosphoro-amidate
    N,N-Dimethyl-O,O'-diethyl phosphoramidate
    Diethyl dimethylphosphoramidate
    Dimethylphosphoramidic acid diethyl ester
(8) (C.A.S. #762-04-9) Diethyl phosphite
    Diethoxyphosphine oxide
    Diethyl acid phosphite
    Diethyl hydrogen phosphite
    Diethyo phosphonate
    Hydrogen diethyl phosphite
(9) (C.A.S. #100-37-8) N, N-Diethylethanolamine
    N,N-Diethyl-2-aminoethanol
    Diethyl (2-hydroxyethyl) amine
    N,N-Diethyl-N-(.beta.-hydroxyethyl) amine
    N,N-Diethyl-2-hydroxyethylamine
    Diethylaminoethanol
    2-(Diethylamino) ethanol
    2-(Diethylamino)ethyl alcohol
    N,N-Diethylmonoethanolamine
    (2-Hydroxyethyl) diethylamine
    2-Hydroxytriethylamine
(10) (C.A.S. #5842-07-9) N,N-Diisopropyl-.beta.-aminoethane thiol
    2-(Diisopropylamino) ethanethiol
    Diisopropylaminoethanethiol
    .beta.-Diisopropylaminoethanethiol
    2-(bis(1-Methylethyl)amino) ethanethiol
(11) (C.A.S. #4261-68-1) N, N-Diisopropyl-.2-aminoethyl chloride 
hydrochloride
(12) (C.A.S. #96-80-0) N,N-Diisopropyl-.beta.-aminoethanol
    N,N-Diisopropyl-2-aminoethanol
    2-(Diisopropylamino) ethanol
    (N,N-Diisopropylamino) ethanol
    2-(Diisopropylamino) ethyl alcohol
    N,N-Diisopropylethanolamine
(13) (C.A.S. #96-79-7) N,N-Diisopropyl-.beta.-aminoethyl chloride
    2-Chloro-N,N-diisopropylethanamine
    1-Chloro-N,N-diisopropylaminoethane
    2-Chloro-N,N-diisopropylethylamine
    N-(2-chloroethyl)-N-(1-methylethyl)-2-propanamine
    N-(2-Chloroethyl) diisopropylamine
    N,N-Diisopropyl-2-chloroethylamine
    1-(Diisopropylamino)-2-cholorethane
    2-(Diisopropylamino)ethyl chloride
    Diisopropylaminoethyl chloride
    .beta.-Diisopropylaminoethyl chloride
(14) (C.A.S. #108-18-9) Diisopropylamine
    N,N-Diisopropylamine
    N-(1-Methylethyl)-2-propanamine
(15) (C.A.S. #6163-75-3) Dimethyl ethylphosphonate
    Dimethyl ethanephosphonate
    Ethylphosphonic acid dimethyl ester
(16) (C.A.S. #756-79-6) Dimethyl methylphosphonate
    Dimethoxymethyl phosphine oxide
    Dimethyl methanephosphonate
    Methanephosphonic acid dimethyl ester
    Methylphosphonic acid dimethyl ester
(17) (C.A.S. #868-85-9) Dimethyl phosphite
    Dimethoxyphosphine oxide
    Dimethyl acid phosphite
    Dimethyl hydrogen phosphite
    
[[Page 12923]]

    Dimethyl phosphonate
    Hydrogen dimethyl phosphite
    Methyl phosphate
(18) (C.A.S. #124-40-3) Dimethylamine
    N-Methyl methanamine
(19) (C.A.S. #506-59-2) Dimethylamine hydrochloride
    Dimethylammonium chloride
    N-Methyl methanamine hydrochloride
(20) (C.A.S. #57856-11-8) O-Ethyl-2-diisoprophylaminoethyl 
methylphosphonite (QL)
    Methylphosphonous acid 2-(bis(1-methylethyl)amino)ethyl ethyl ester
(21) (C.A.S. #1498-40-4) Ethylphosphonous dichloride
    Dichloroethylphosphine
    Ethyl phosphonous dichloride
    Ethyldichlorophosphine
(22) (C.A.S. #430-78-4) Ethylphosphonus difluoride
    Ethyldifluorophosphine
(23) (C.A.S. #1066-50-8) Ethylphosphonyl dichloride
    Dichloroethylphosphine oxide
    Ethanephosphonyl chloride
    Ethylphosphinic dichloride
    Ethylphosphonic acid dichloride
    Ethylphosphonic dichloride
(24) (C.A.S. #753-98-0) Ethylphosphonyl difluoride
    Ethyl difluorophosphite
    Ethyldifluorophosphine oxide
    Ethylphosphonic difluoride
(25) (C.A.S. #7664-39-3) Hydrogen fluoride
    Anhydrous hydrofluoric acid
    Fluorhydric acid
    Fluorine monohydride
    Hydrofluoric acid gas
(26) (C.A.S. #3554-74-3) 3-Hydroxyl-1-methylpiperidine
    3-Hydroxy-N-methylpiperidine
    1-Methyl-3-hydroxypiperidine
    N-Methyl-3-hydroxypiperidine
    1-Methyl-3-piperidinol
    N-Methyl-3-piperidonol
(27) (C.A.S. #76-89-1) Methyl benzilate
    Benzilic acid methyl ester
    .alpha.-Hydroxy-.alpha.-phenylbenzeneacetic acid methyl ester
    Methyl .alpha.-phenylmandelate
    Methyl diphenylglycolate
(28) (C.A.S. #676-83-5) Methylphosphonous dichloride
    Dichloromethylphosphine
    Methyldichlorophosphine
    Methylphosphorus dichloride
(29) (C.A.S. #753-59-3) Methylphosphonous diflouride
    Difluoromethylphosphine
    Methyldifluorophosphine
(30) (C.A.S. #676-97-1) Methylphosphonyl dichloride
    Dichloromethylphosphine oxide
    Methanephosphonodichloridic acid
    Methanephosphonyl chloride
    Methylphosphonic acid dichloride
    Methylphosphonic dichloride
    Methylphosphonodichloridic acid
    Methylphosphonyl chloride
(31) (C.A.S. #676-99-3) Methylphosphonyl difluoride
    Difluoromethylphosphine oxide
    Methyl difluorophosphite
    Methylphosphonic difluoride
(32) (C.A.S. #10025-87-3) Phosphorus oxychloride
    Phosphonyl trichloride
    Phosphoric chloride
    Phosphoric trichloride
    Phosphoroxychloride
    Phosphoroxytrichloride
    Phosphorus chloride oxide
    Phosphorus monoxide trichloride
    Phosphorus oxide trichloride
    Phosphorus oxytrichloride
    Phosphorus trichloride oxide
    Phosphoryl trichloride
    Trichlorophosphine oxide
    Trichlorophosphorus oxide
(33) (C.A.S. #10026-13-8) Phosphorus pentachloride
    Pentachlorophosphorane
    Pentachlorophosphorus
    Phosphoric chloride
    Phosphorus(V) chloride
    Phosphorus perchloride
(34) (C.A.S. #1314-80-3) Phosphorus pentasulfide
    Diphosphorus pentasulfide
    Phosphoric sulfide
    Phosphorus persulfide
    Phosphorus sulfide
(35) (C.A.S. #7719-12-2) Phosphorus trichloride
    Phosphorus chloride
    Trichlorophosphine
(36) C.A.S. #75-97-8) Pinacolone
    tert-Butyl methyl ketone
    2,2-Dimethyl-3-butanone
    3,3-Dimethyl-2-butanone
    2,2-Dimethylbutanone
    3,3-Dimethylbutanone
    1,1-Dimethylethyl methyl ketone
    Methyl tert-butyl ketone
    Pinacolin
    Pinacoline
    1,1,1-Trimethylacetone
(37) (C.A.S. #464-07-3) Pinacolyl alcohol
    tert-Butyl methyl carbinol
    2,2-Dimethyl-3-butanol
    3,3-Dimethyl-2-butanol
    1-Methyl-2,2-dimethylpropanol
(38) (C.A.S. #151-50-8) Potassium cyanide
(39) (C.A.S. #7789-23-3) Potassium fluoride
    Potassium monofluoride
(40) (C.A.S. #7789-29-9) Potassium hydrogen fluoride
    Hydrogen potassium difluoride
    Hydrogen potassium fluoride
    Potassium acid fluoride
    Potassium bifluoride
    Potassium hydrogen difluoride
    Potassium monohydrogen difluoride
(41) (C.A.S. #1619-34-7) 3-Quinuclidinol
    1-Azabicyclo(2.2.2)octan-3-ol
    3-Hydroxyquinuclidine
(42) (C.A.S. #3731-38-2) 3-Quinuclidinone
    1-Azabicyclo(2.2.2)octan-3-one
    3-Oxyquinuclidine
    Quinuclidone
(43) (C.A.S.) #1333-83-1) Sodium bifluoride
    Sodium hydrogen difluoride
    Sodium hydrogen fluoride
(44) (C.A.S. #143-33-9) Sodium cyanide
(45) (C.A.S. #7681-49-4) Sodium fluoride
    Sodium monofluoride
(46) (C.A.S. #1313-82-2) Sodium sulfide
    Disodium monosulfide
    Disodium sulfide
    Sodium monosulfide
    Sodium sulphide
(47) (C.A.S. #10025-67-9) Sulfur Monochloride
(48) (C.A.S. #10545-99-0) Sulfur dicholoride
(49) (C.A.S. #111-48-8) Thiodiglycol
    Bis(2-hydroxyethyl) sulfide
    Bis(2-hydroxyethyl) thioether
    Di(2-hydroxyethyl) sulfide
    Diethanol sulfide
    2,2'-Dithiobis-(ethanol)
    3-Thiapentane-1,5-diol
    2,2'-Thiobisethanol
    2,2'-Thiodiethanol
    Thiodiethylene glycol
    2,2'-Thiodiglycol
(50) C.A.S. #7719-09-7) Thionyl chloride
    Sulfinyl chloride
    Sulfinyl dichloride
    Sulfur chloride oxide
    Sulfur oxychloride
    Sulfurous dichloride
    Sulfurous oxychloride
    Thionyl dichloride
(51) (C.A.S. #102-71-6) Triethanolamine
    Alkanolamine 244
    Nitrilotriethanol
    2,2',2''-Nitrilotriethanol
    2,2',2''-Nitrilotris(ethanol)
    TEA
    TEA (amino alcohol)
    Tri (2-hydroxyethyl) amine
    Triethanolamin
    Tris (.beta.-hydroxyethyl) amine
    Tris (2-hydroxyethyl) amine
    Trolamine
(52) (C.A.S. #637-39-8) Triethanolamine hydrochloride
(53) (C.A.S. #122-52-1) Triethyl phosphite
    Phosphorous acid triethyl ester
    Triethoxyphosphine
    Tris(ethoxy)phosphine
    
[[Page 12924]]

(54) (C.A.S. #121-45-9) Trimethyl phosphite
    Phosphorus acid trimethyl ester
    Trimethoxyphosphine


Sec. 770.3  Interpretations related to exports of technology and 
software to destinations in Country Group D:1.

    (a) Introduction. This section is intended to provide you 
additional guidance on how to determine whether your technology or 
software would be eligible for a License Exception, may be exported 
under NLR, or require a license, for export to Country Group D:1.
    (b) Scope of licenses. The export of technology and software under 
a license is authorized only to the extent specifically indicated on 
the face of the license. The only technology and software related to 
equipment exports that may be exported without a license is technology 
described in Secs. 734.7 through 734.11 of the EAR; operating 
technology and software described in Sec. 740.8(a) of the EAR; sales 
technology described in Sec. 740.8(b) of the EAR; and software updates 
described in Sec. 740.8(c) of the EAR.
    (c) Commingled technology and software. (1) U.S.-origin technology 
does not lose its U.S.-origin when it is redrawn, used, consulted, or 
otherwise commingled abroad in any respect with other technology of any 
other origin. Therefore, any subsequent or similar technical data 
prepared or engineered abroad for the design, construction, operation, 
or maintenance of any plant or equipment, or part thereof, which is 
based on or utilizes any U.S.-origin technology, is subject to the EAR 
is the same manner as the original U.S.-origin technology, including 
license requirements, unless the commingled technology is not subject 
to the EAR by reason of the de minimis exclusions described at 
Sec. 732.4 of the EAR.
    (2) U.S.-origin software that is incorporated into or commingled 
with foreign-origin software does not lose its U.S.-origin. Such 
commingled software is subject to the EAR is the same manner as the 
original U.S.-origin software, including license requirements, unless 
the commingled software is not subject to the EAR by reason of the de 
minimis exclusions described at Sec. 732.4 of the EAR.
    (d) Certain License Exception. The following questions and answers 
are intended to further clarify the scope of technology and software 
eligible for a License Exception.
    (1)(i) Question 1. (A) Our engineers, in installing or repairing 
equipment, use techniques (experience as well as proprietary knowledge 
of the internal componentry or specifications of the equipment) that 
exceed what is provided in the standard manuals or instructions 
(including training) given to the customer. In some cases, it is also a 
condition of the license that such information provided to the customer 
be constrained to the minimum necessary for normal installation, 
maintenance and operation situations.
    (B) Can we send an engineer (with knowledge and experience) to the 
customer site to perform the installation or repair, under the 
provisions of License Exception for operating technology and software 
(OTS) described in Sec. 740.8(a) of the EAR, if it is understood that 
he is restricted by our normal business practices to performing the 
work without imparting the knowledge or technology to the customer 
personnel?
    (ii) Answer 1. Export of technology includes release of U.S.-origin 
data in a foreign country, and ``release'' includes ``application to 
situations abroad of personal knowledge or technical experience 
acquired in the United States.'' As the release of technology in the 
circumstances described here would exceed that permitted under the 
License Exception for operating technology and software described in 
Sec. 740.8(a) of the EAR, a license would be required even though the 
technician could apply the data without disclosing it to the customer.
    (2)(i) Question 2. We plan, according to our normal business 
practices, to train customer engineers to maintain equipment that we 
have exported under a license, License Exception, or NLR. The training 
is contractual in nature, provided for a fee, and is scheduled to take 
place in part in the customer's facility and in part in the U.S. Can we 
now proceed with this training at both locations under a License 
Exception?
    (ii) Answer 2. (A) Provided that this is your normal training, and 
involves technology contained in your manuals and standard instructions 
for the exported equipment, and meets the other requirements of License 
Exception for operating technology and software (OTS) described in 
Sec. 740.8(a), the training may be provided within the limits of that 
License Exception. The location of the training is not significant, as 
the export occurs at the time and place of the actual transfer or 
imparting of the technology to the customer's engineers.
    (B) Any training beyond that covered under the provisions of 
License Exception for operating technology and software (OTS) described 
in Sec. 740.8(a), but specifically represented in your license 
application as required for this customer installation, and in fact 
authorized on the face of the license or a separate technology license, 
may not be undertaken while the license is suspended or revoked.


Sec. 770.4  Interpretations related to chemical mixtures--de minimis 
exceptions examples.

    (a)(1) Introduction: The following are examples for applying the de 
minimis exceptions for chemical mixtures containing precursor and 
intermediate chemicals controlled under ECCN 1C350.
    (2) In ECCN 1C350, Note 2, paragraphs (c) and (d) within the 
Mixtures Exemptions state that a validated license is required when at 
least one of the listed chemicals constitutes more than 10% or 25%, 
respectively, of the weight of the mixture on a solvent free basis.
    (b)(1) Example One. A mixture contains the following components:
    (i) 90% polymer polyol (a liquid raw material used to make 
polyurethane polymers); and
    (ii) 10% Australia Group (AG)-controlled chemical eligible for 25% 
de minimis exemption.

    Note to paragraph (b) of this section: The polymer does not 
dissolve the AG-controlled chemical.

    (2) In this example, the polymer polyol does not dissolve the AG-
controlled chemical (the only other component of the mixture). 
Therefore, the polyol is NOT considered a solvent, and the 
concentration of the polymer polyol is included in the concentration 
calculation. As a result, the AG-controlled chemical's concentration is 
10% when calculated on a solvent-free basis (.10/1.00). Accordingly, 
this concentration is below the threshold concentration of 25% 
applicable to specific AG-controlled chemicals under the chemical 
mixtures rule and can be exported under NLR to all destinations except 
Iran, Sudan, Syria, and Country Group E:2 in Supplement No. 1 to part 
740 of the EAR.
    (3) To determine the classification of this mixture, it is 
necessary to determine whether the polymer is capable of functioning as 
a solvent for the other components of the mixture. If the polymer 
polyol is capable of functioning as a solvent for the controlled AG 
chemical, then the polymer component is omitted from the concentration 
calculation. If the polymer polyol is not capable of functioning as a 
solvent for the AG chemical, then the polymer component is included in 
the concentration calculation.

[[Page 12925]]

    (c)(1) Example Two: An automotive coolant (antifreeze) is a mixture 
of the following components:
    (i) 75% ethylene glycol;
    (ii) 10% additive package; and
    (iii) 15% water.

    Note to paragraph (c) of this section: The ``additive package'' 
contains an AG-controlled chemical that is eligible for the 10% de 
minimis exemption. This chemical is added as a stabilizer and 
represents 9% of the total mixture. The remaining components of the 
additive package are various dyes and stabilizers that represent 1% 
of the total mixture. Ethylene glycol serves as the basic functional 
ingredient that prevents the engine block from freezing, and does 
not dissolve the other components of the mixture. The water is added 
to keep the mixture in solution.

    (2) To determine if this mixture requires a license it is necessary 
to calculate the concentration of the AG-controlled chemical on a 
solvent-free basis. Since the water dissolves all of the other 
components of the mixture, water is considered a ``solvent'' and the 
quantity of water present is not included in the calculation of the AG-
chemical concentration. Consequently, the concentration of the AG 
chemical is approximately 11% (.09/.85), and the mixture is classified 
under ECCN 1C350. Accordingly, since this concentration is above the 
threshold concentration of 10% applicable to this category of AG-
controlled chemical under the chemical mixtures rule, a license is 
required to all destinations except AG member countries.
    (d)(1) Example Three. A pesticide formulation consists of an AG-
controlled chemical that is eligible for the 25% de minimis exemption, 
and an active ingredient that is not AG-controlled. The formulation is 
diluted with water to allow safe, effective, and economic application. 
The resulting mixture is 15% AG chemical, 40% active ingredient and 45% 
water. Although the water is added as a diluent, it dissolves the other 
components of the mixture.
    (2) Since the water dissolves all components in the mixture, it is 
considered a solvent even though it was added as a diluent. The percent 
concentration of the AG-controlled chemical calculated on a solvent 
free basis is .15/.55 = 27%, and the mixture is therefore classified 
under ECCN 1C350. Accordingly, since this concentration is above the 
threshold concentration of 25% applicable to this category of AG-
controlled chemicals under the chemical mixtures rule, a license is 
required to all destinations except AG member countries.
    (e)(1) Example Four. A mixture contains the following components:
    (i) 10% water;
    (ii) 22% Chemical A;
    (iii) 21% Chemical B;
    (iv) 20% Chemical C;
    (v) 19% Chemical D; and
    (vi) 8% Chemical E.

    Note to paragraph (e) of this section: The water is added to 
dissolve the other components of the mixture. Chemicals A, B, C, and 
D are AG-controlled chemicals each eligible for 25% de minimis 
exemption. Chemical E is an AG-controlled chemical eligible for 10% 
de minimis exemption.

    (2) In this example, water is considered a solvent since it 
dissolves all components in the mixture. Therefore, the quantity of 
water present in the mixture is not included in calculating the 
concentrations of the controlled chemicals on a solvent-free basis. The 
concentrations of the controlled chemicals are as follows: Chemical A 
24%; Chemical B 23%; Chemical C 22%; Chemical D 21%; Chemical E 9%. It 
is important to note that in this example, even though the cumulative 
amount of the mixture (90%) consists of controlled chemicals, each one 
of the controlled chemicals is below the de minimis level for its 
category. Consequently, this mixture can be exported under NLR to all 
destinations except Iran, Sudan, Syria, and Country Group E:2 in 
Supplement No. 1 to part 740 of the EAR.

PART 772--DEFINITIONS OF TERMS

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; Notice of August 
15, 1995 (60 FR 42767, August 17, 1995).

    The following are definitions of terms as used in the Export 
Administration Regulations (EAR). In this part, references to the EAR 
are references to 15 CFR chapter VII, subchapter C. Those terms in 
quotation marks refer to terms used on the Commerce Control List (CCL) 
(Supplement No. 1 to part 774 of the EAR). Parenthetical references 
following the terms in quotation marks (i.e., (Cat 5)) refer to the CCL 
category in which that term is found.
    ``ATM.'' (Cat 5)--See ``Asynchronous Transfer Mode.''
    ``Accuracy.'' (Cat 2 and 6)--``Accuracy'' is usually measured in 
terms of inaccuracy. It is defined as the maximum deviation, positive 
or negative, of an indicated value from an accepted standard or true 
value.
    ``Active flight control systems.'' (Cat 7)--Function to prevent 
undesirable ``aircraft'' and ``missile'' motions or structural loads by 
autonomously processing outputs from multiple sensors and then 
providing necessary preventive commands to effect automatic control.
    ``Active pixel.'' (Cat 6 and 8)--A maximum (single) element of the 
solid state array that has a photoelectric transfer function when 
exposed to light (electromagnetic) radiation.
    ``Adaptive control.'' (Cat 2)--A control system that adjusts the 
response from conditions detected during the operation (Ref. ISO 2806-
1980).
    Advisory Committee on Export Policy (ACEP). The ACEP voting members 
include the Assistant Secretary of Commerce for Export Administration, 
and Assistant Secretary-level representatives from the Departments of 
State, Defense, Energy, and the Arms Control and Disarmament Agency. 
The appropriate representatives of the Joint Chiefs of Staff and the 
Director of the Nonproliferation Center of the Central Intelligence 
Agency are non-voting members. The Assistant Secretary of Commerce for 
Export Administration is the Chair. Appropriate acting Assistant 
Secretary, Deputy Assistant Secretary or equivalent of any agency or 
department may serve in lieu of the Assistant Secretary of the 
concerned agency or department. Such representatives, regardless of 
rank, will speak and vote on behalf of their agencies or departments. 
The ACEP may invite Assistant Secretary-level representatives of other 
Government agencies or departments (other than those identified above) 
to participate in the activities of the ACEP when matters of interest 
to such agencies or departments are under consideration. Decisions are 
made by majority vote.
    ``Aircraft.'' (Cat 7 and 9)--A fixed wing, swivelwing, rotary wing 
(helicopter), tilt rotor or tilt-wing airborne vehicle. (See also 
``civil aircraft''.)
    Airline. Any person engaged primarily in the transport of persons 
or property by aircraft for compensation or hire, pursuant to 
authorization by the U.S. Government or a foreign government.
    ``Angular position deviation.'' (Cat 2)--The maximum difference 
between angular position and the actual, very accurately measured 
angular position after the workpiece mount of the table has been turned 
out of its initial position. (Reference: VDI/VDE 2617, Draft: ``Rotary 
tables on coordinate measuring machines'').
    Applicant. That person who, as the principal party in interest in 
the transaction, has the power and responsibility for determining and 
controlling the sending of the item out of the country and is thus, in 
reality, the exporter. (For additional information see Sec. 748.4 of 
the EAR.) (See also ``U.S. exporter''.)

[[Page 12926]]

    ``Assembly.'' (Cat 3 and 4)--A number of electronic components 
(i.e.,''circuit elements'', ``discrete components'', integrated 
circuits, etc.) connected together to perform (a) specific function(s), 
replaceable as an entity and normally capable of being disassembled.

    Notes: 1. ``Circuit element'': a single active or passive 
functional part of an electronic circuit, such as one diode,one 
transistor, one resistor, one capacitor, etc.
    2. ``Discrete component'': a separately packaged ``circuit 
element'' with its own external connections.

    ``Asynchronous transfer mode.'' (ATM) (Cat 5)--A transfer mode in 
which the information is organized into cells; it is asynchronous in 
the sense that the recurrence of cells depends on the required or 
instantaneous bit rate. (CCITT Recommendation L.113)
    Australia Group. The members belonging to this group have agreed to 
adopt controls on dual-use chemicals, i.e., weapons precursors, 
equipment, and biological microorganisms and related equipment in order 
to prevent the proliferation of chemical and biological weapons. Member 
countries as of November 1, 1995 include: Argentina, Australia, 
Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, 
Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Luxembourg, 
the Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Slovak 
Republic, Spain, Sweden, Switzerland, the United Kingdom, and the 
United States. See also Sec. 742.2 of the EAR.
    ``Automatic target tracking.'' (Cat 6)--A processing technique that 
automatically determines and provides as output an extrapolated value 
of the most probable position of the target in real time.
    ``Bandwidth of one voice channel.'' (Cat 5)--In the case of data 
communication equipment designed to operate in one voice channel of 
3,100 Hz, as defined in CCITT Recommendation G.151.
    ``Basic gate propagation delay time.'' (Cat 3)--The propagation 
delay time value corresponding to the basic gate utilized within a 
``family'' of ``monolithic integrated circuits''. This may be 
specified, for a given ``family'', either as the propagation delay time 
per typical gate or as the typical propagation delay time per gate.

    Note: ``Basic gate propagation delay time'' is not to be 
confused with input/output delay time of a complex ``monolithic 
integrated circuit''.

    ``Basic Scientific Research.'' (GTN)--Experimental or theoretical 
work undertaken principally to acquire new knowledge of the fundamental 
principles of phenomena or observable facts, not primarily directed 
towards a specific practical aim or objective.
    ``Beat length.'' (Cat 6)--The distance over which two orthogonally 
polarized signals, initially in phase, must pass in order to achieve a 
2 Pi radian(s) phase difference.
    ``Bias.'' (accelerometer) (Cat 7)--An accelerometer output when no 
acceleration is applied.
    Bill of Lading. The contract of carriage and receipt for items, 
issued by the carrier. It includes an air waybill, but does not include 
an inland bill of lading or a domestic air waybill covering movement to 
port only.
    CCL. See Commerce Control List.
    CCL Group. The Commerce Control List (CCL) is divided into 10 
categories. Each category is subdivided into five groups, designated by 
letters A through E: (A) Equipment, assemblies, and components; (B) 
Test, production, and inspection equipment; (C) Materials; (D) 
Software; and (E) Technology. See Sec. 738.2(b) of the EAR.
    ``CE.''--See ``Computing Element.''
    ``CTP.''--See ``Composite theoretical performance.'' This term may 
also appear without quotation marks.
    ``Camming.'' (axial displacement) (Cat 2)--Axial displacement in 
one revolution of the main spindle measured in a plane perpendicular to 
the spindle faceplate, at a point next to the circumference of the 
spindle faceplate (Ref.: ISO 230 Part 1-1986, paragraph 5.63).
    Canadian airline. Any citizen of Canada who is authorized by the 
Canadian Government to engage in business as an airline. For purposes 
of this definition, a Canadian citizen is:
    (a) A natural person who is a citizen of Canada; or
    (b) A partnership of which each member is such an individual; or
    (c) A Canadian firm incorporated or otherwise organized under the 
laws of Canada or any Canadian province, having a total foreign stock 
interest not greater than 40 percent and having the Chairman or Acting 
Chairman and at least two-thirds of the Directors thereof Canadian 
citizens.
    ``Capable of.'' (MTCR context)--See ``usable in''.
    Category. The Commerce Control List is divided into 10 categories: 
(0) Nuclear Materials, Facilities, and Equipment, and Miscellaneous; 
(1) Materials, Chemicals, ``Microorganisms,'' and Toxins; (2) Materials 
Processing; (3) Electronics; (4) Computers; (5) Telecommunications and 
Information Security; (6) Lasers and Sensors; (7) Navigation and 
Avionics; (8) Marine; and (9) Propulsion Systems, Space Vehicles, and 
Transportation Equipment. See Sec. 738.2(a) of the EAR.
    ``Chemical laser.'' (Cat 6)--A ``laser'' in which the excited 
species is produced by the output energy from a chemical reaction.
    ``Circulation.'' (controlled, anti-torque direction control 
systems) (Cat 7)--Use air blown over aerodynamic surfaces to increase 
or control the forces generated by the surfaces.
    ``Civil aircraft.'' (Cat 7 and 9)--Only those ``aircraft'' listed 
by designation in published airworthiness certification lists by the 
civil aviation authorities to fly commercial civil internal and 
external routes or for legitimate civil, private or business use. (See 
also ``aircraft'')
    COCOM (Coordinating Committee on Multilateral Export Controls). A 
multilateral organization that cooperated in restricting strategic 
exports to controlled countries. COCOM was officially disbanded on 
March 31, 1994. COCOM members included the NATO countries, except 
Iceland, plus Japan and Australia.
    Commerce Control List (CCL). A list of items under the export 
control jurisdiction of the Bureau of Export Administration, U.S. 
Department of Commerce. Note that certain additional items described in 
part 732 of the EAR are also subject to the EAR. The CCL is found in 
Supplement No. 1 to part 774 of the EAR.
    ``Commingled.'' (Cat 1)--Filament to filament blending of 
thermoplastic fibers and reinforcement fibers in order to produce a 
fiber reinforcement/matrix mix in total fiber form.
    ``Comminution.'' (Cat 1)--A process to reduce a material to 
particles by crushing or grinding.
    Commodity. Any article, material, or supply except technology and 
software.
    ``Common channel signalling.'' (Cat 5)--A signalling method in 
which a single channel between exchanges conveys, by means of labelled 
messages, signalling information relating to a multiplicity of circuits 
or calls and other information such as that used for network 
management.
    ``Communications channel controller.'' (Cat 5)--The physical 
interface that controls the flow of synchronous or asynchronous digital 
information. It is an assembly that can be integrated into computer or 
telecommunications equipment to provide communications access.
    ``Composite.'' (Cat 1, 6, 8, and 9)--A ``matrix'' and an additional 
phase or additional phases consisting of particles, whiskers, fibers or 
any

[[Page 12927]]
combination thereof, present for a specific purpose or purposes.
    ``Composite theoretical performance.'' (CTP) (Cat 4)--A measure of 
computational performance given in millions of theoretical operations 
per second (Mtops), calculated using the aggregation of ``computing 
elements (CE)''. (See Category 4, Technical Note.) This term may also 
appear without quotation marks. The formula to calculate the CTP is 
contained in a technical note titled ``Information on How to Calculate 
``Composite Theoretical Performance'' at the end of Category 4 of the 
CCL.
    ``Compound rotary table.'' (Cat 2)--A table allowing the workpiece 
to rotate and tilt about two non-parallel axis that can be coordinated 
simultaneously for ``contouring control''.
    ``Computer using facility.'' (Cat 4)--The end-user's contiguous and 
accessible facilities:
    (a) Housing the ``computer operating area'' and those end-user 
functions that are being supported by the stated application of the 
electronic computer and its related equipment; and
    (b) Not extending beyond 1,500 meters in any direction from the 
center of the ``computer operating area''.

    Note: ``Computer operating area'': the immediate contiguous and 
accessible area around the electronic computer, where the normal 
operating, support and service functions take place.

    ``Computing element.'' (CE) (Cat 4)--The smallest computational 
unit that produces an arithmetic logic result.
    ``Contouring control.'' (Cat 2)--Two or more numerically controlled 
motions operating in accordance with instructions that specify the next 
required position and the required feed rates to that position. These 
feed rates are varied in relation to each other so that a desired 
contour is generated (Ref. ISO/DIS 2806--1980).
    Controlled country. A list of countries designated controlled for 
national security purposes found in Country Group D:1 (see Supplement 
No. 1 to part 740 of the EAR). This list was established under 
authority delegated to the Secretary of Commerce by Executive Order 
12214 of May 2, 1980 pursuant to section 5(b) of the EAA, and 
including: Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, 
the People's Republic of China, Estonia, Georgia, Kazakstan, 
Kyrgyzstan, Laos, Latvia, Lithuania, Moldova, Mongolia, Romania, 
Russia, Tajikstan, Turkmenistan, Ukraine, Uzbekistan, and Vietnam. Cuba 
and North Korea are controlled countries, but they are listed in 
Country Group E:2 (unilateral embargoes) rather than Country Group D:1. 
This definition does not apply to part 768 of the EAR (Foreign 
Availability), which provides a dedicated definition.
    Controlled in fact. For purposes of the Special Comprehensive 
License (part 752 of the EAR), controlled in fact is defined as it is 
under the Restrictive Trade Practices or Boycotts (Sec. 760.1(c) of the 
EAR).
    Cooperating country. A country that cooperated with the former 
COCOM member countries in restricting strategic exports in accordance 
with COCOM standards. The ``Cooperating Countries'' are: Austria, 
Finland, Hong Kong, Ireland, Korea (Republic of), New Zealand, Sweden, 
and Switzerland.
    Countries supporting international terrorism. In accordance with 
section 6(j) of the Export Administration Act of 1979, as amended 
(EAA), the Secretary of State has determined that the following 
countries' governments have repeatedly provided support for acts of 
international terrorism: Cuba, Iran, Iraq, Libya, North Korea, Sudan, 
and Syria.
    Country Chart. A chart, found in Supplement No. 1 to part 738 of 
the EAR, that contains certain licensing requirements based on 
destination and reason for control. In combination with the CCL, the 
Country Chart indicates when a license is required for any item on the 
CCL to any country in the world under General Prohibition One (Exports 
and Reexports in the Form Received), General Prohibition Two (Parts and 
Components Reexports), and General Prohibition Three (Foreign Produced 
Direct Product Reexports). See part 736 of the EAR.
    Country Groups. For export control purposes, foreign countries are 
separated into five country groups designated by the symbols A, B, C, 
D, and E. (See Supplement No. 1 to part 740 of the EAR for a list of 
countries in each Country Group.)
    ``Critical temperature.'' (Cat 1, 3, and 6)--The ``critical 
temperature'' (sometimes referred to as the transition temperature) of 
a specific ``superconductive'' material is the temperature at which the 
material loses all resistance to the flow of direct electrical current.
    ``Cryptanalysis.'' (Cat 5)--The analysis of a cryptographic system 
or its inputs and outputs to derive confidential variables or sensitive 
data including clear text. (ISO 7498-2-1988(E), paragraph 3.3.18)
    ``Cryptography.'' (Cat 5)--The discipline that embodies principles, 
means and methods for the transformation of data in order to hide its 
information content, prevent its undetected modification or prevent its 
unauthorized use. ``Cryptography'' is limited to the transformation of 
information using one or more ``secret parameters'' (e.g., crypto 
variables) and/or associated key management.

    Note: ``Secret parameter'': a constant or key kept from the 
knowledge of others or shared only within a group.

    Customs officer. The Customs officers in the U.S. Customs Service 
and postmasters unless the context indicates otherwise.
    ``Data signalling rate.'' (Cat 5)--The rate, as defined in ITU 
Recommendation 53-36, taking into account that, for non-binary 
modulation, baud and bit per second are not equal. Bits for coding, 
checking and synchronization functions are to be included.

    Notes: 1. When determining the ``data signalling rate'', 
servicing and administrative channels shall be excluded.
    2. It is the maximum one-way rate, i.e., the maximum rate in 
either transmission or reception.
    (a) Mirrors:
    (1) Mirrors having a single continuous optical reflecting 
surface that is dynamically deformed by the application of 
individual torques or forces to compensate for distortions in the 
optical waveform incident upon the mirror; or
    (2) Mirrors having multiple optical reflecting elements that can 
be individually and dynamically repositioned by the application of 
torques or forces to compensate for distortions in the optical 
waveform incident upon the mirror.
    (b) Deformable mirrors are also known as adaptive optic mirrors.

    ``Datagram.'' (Cat 4 and 5)--A self-contained, independent entity 
of data carrying sufficient information to be routed from the source to 
the destination data terminal equipment without reliance on earlier 
exchanges between this source and destination data terminal equipment 
and the transporting network.
    Defense Trade Control (DTC). The office at the Department of State, 
formerly known as the Office of Munitions Control, responsible for 
reviewing applications to export and reexport items on the U.S. 
Munitions List. (See 22 CFR parts 120 through 130.)
    Denied Persons List. A list, referenced in Supplement No. 2 to part 
764 of the EAR, of specific persons that have been denied export 
privileges, in whole or in part. The full text of each order denying 
export privileges is published in the Federal Register.
    ``Designed or modified.'' (MTCR context)--Equipment, parts, 
components, or ``software'' that, as a result of ``development'', or

[[Page 12928]]
modification, have specified properties that make them fit for a 
particular application. ``Designed or modified'' equipment, parts, 
components or ``software'' can be used for other applications. For 
example, a titanium coated pump designed for a ``missile'' may be used 
with corrosive fluids other than propellants.
    ``Development.'' (General Technology Note)--``Development'' is 
related to all stages prior to serial production, such as: design, 
design research, design analyses, design concepts, assembly and testing 
of prototypes, pilot production schemes, design data, process of 
transforming design data into a product, configuration design, 
integration design, layouts.
    ``Diffusion bonding.'' (Cat 1, 2, and 9)--A solid-state molecular 
joining of at least two separate metals into a single piece with a 
joint strength equivalent to that of the weakest material.
    ``Digital computer.'' (Cat 4 and 5)--Equipment that can, in the 
form of one or more discrete variables:
    (a) Accept data;
    (b) Store data or instructions in fixed or alterable (writable) 
storage devices;
    (c) Process data by means of a stored sequence of instructions that 
is modifiable; and
    (d) Provide output of data.

    Note: Modifications of a stored sequence of instructions include 
replacement of fixed storage devices, but not a physical change in 
wiring or interconnections.

    ``Digital transfer rate.'' (Cat 5)--The total bit rate of the 
information that is directly transferred on any type of medium.
    ``Direct-acting hydraulic pressing.'' (Cat 2)--A deformation 
process that uses a fluid-filled flexible bladder in direct contact 
with the workpiece.
    ``Drift rate.'' (gyro) (Cat 7)--The time rate of output deviation 
from the desired output. It consists of random and systematic 
components and is expressed as an equivalent input angular displacement 
per unit time with respect to inertial space.
    Dual use. Items that have both commercial and military or 
proliferation applications. While this term is used informally to 
describe items that are subject to the EAR, purely commercial items are 
also subject to the EAR (see Sec. 734.2(a) of the EAR).
    ``Dynamic adaptive routing.'' (Cat 5)--Automatic rerouting of 
traffic based on sensing and analysis of current actual network 
conditions.

    Note: This does not include cases of routing decisions taken on 
predefined information.

    ``Dynamic signal analyzers.'' (Cat 3)--``Signal analyzers'' that 
use digital sampling and transformation techniques to form a Fourier 
spectrum display of the given waveform including amplitude and phase 
information.
    Effective control. For purposes of the Special Comprehensive 
License (SCL), effective control means the exercise of a right, under a 
contractual agreement between the SCL Holder and the consignee, to 
determine and control the export of items authorized under an SCL.
    ``Electronically steerable phased array antenna.'' (Cat 6)--An 
antenna that forms a beam by means of phase coupling, i.e., the beam 
direction is controlled by the complex excitation coefficients of the 
radiating elements and the direction of that beam can be varied in 
azimuth or in elevation, or both, by application, both in transmission 
and reception, of an electrical signal.
    ``End-effectors.'' (Cat 2)--``End-effectors'' include grippers, 
``active tooling units'' and any other tooling that is attached to the 
baseplate on the end of a ``robot'' manipulator arm.

    Note: ``Active tooling unit'': a device for applying motive 
power, process energy or sensing to the workpiece.

    ``Equivalent Density.'' (Cat 6)--The mass of an optic per unit 
optical area projected onto the optical surface.
    ``Expert systems.'' (Cat 4)--Systems providing results by 
application of rules to data that are stored independently of the 
``program'' and capable of any of the following:
    (a) Modifying automatically the ``source code'' introduced by the 
user;
    (b) Providing knowledge linked to a class of problems in quasi-
natural language; or
    (c) Acquiring the knowledge required for their development 
(symbolic training).
    Export. Export means an actual shipment or transmission of items 
out of the United States. (See Sec. 734.2(b) of the EAR.)
    Export Administration Act (EAA). Export Administration Act of 1979, 
as amended, effective October 1, 1979.
    Export Administration Regulations (EAR). Regulations set forth in 
parts 730-774, inclusive, of Title 15 of the Code of Federal 
Regulations.
    Export Administration Review Board (EARB). EARB voting members are 
the Secretary of Commerce, the Secretary of State, the Secretary of 
Defense, the Secretary of Energy, and the Director of the Arms Control 
and Disarmament Agency. The Chairman of the Joint Chiefs of Staff and 
the Director of Central Intelligence are non-voting members. The 
Secretary of Commerce is the Chair of the EARB. No alternate EARB 
members may be designated, but the acting head or deputy head of any 
agency or department may serve in lieu of the head of the concerned 
agency or department. The EARB may invite the heads of other Government 
agencies or departments (other than those identified in this 
definition) to participate in the activities of the EARB when matters 
of interest to such agencies or departments are under consideration. 
Decisions are made by majority vote.
    Export Control Classification Number (ECCN). The numbers used in 
Supplement No. 1 to part 774 of the EAR and throughout the EAR. The 
Export Control Classification Number consists of a set of digits and a 
letter. Reference Sec. 738.2(c) of the EAR for a complete description 
of each ECCN's composition.
    Export control document. A license; application for license; any 
and all documents submitted in accordance with the requirements of the 
EAR in support of, or in relation to, a license application; 
application for International Import Certificate; International Import 
Certificate; Delivery Verification Certificate or similar evidence of 
delivery; Shipper's Export Declaration (SED) presented in connection 
with shipments to any country; a Dock Receipt or bill of lading issued 
by any carrier in connection with any export subject to the EAR and any 
and all documents prepared and submitted by exporters and agents 
pursuant to the export clearance requirements of part 758 of the EAR; a 
U.S. exporter's report of request received for information, 
certification, or other action indicating a restrictive trade practice 
or boycott imposed by a foreign country against a country friendly to 
the United States, submitted to the U.S. Department of Commerce in 
accordance with the provisions of part 760 of the EAR; Customs Form 
7512, Transportation Entry and Manifest of Goods, Subject to Customs 
Inspection and Permit, when used for Transportation and Exportation 
(T.& E.) or Immediate Exportation (I.E.); and any other document issued 
by a U.S. Government agency as evidence of the existence of a license 
for the purpose of loading onto an exporting carrier or otherwise 
facilitating or effecting an export from the United States or any 
reexport of any item requiring a license.
    Export of satellites. The term export, as applied to satellites 
controlled by the Department of Commerce, includes the physical 
movement of a satellite from the United States to another country for

[[Page 12929]]
any purpose, or the transfer of registration of a satellite or 
operational control over a satellite from a person resident in the 
United States to a person resident in another country. Under the 
Commercial Space Launch Act, a launch of a launch vehicle and payload 
is not an export for purposes of controlling export.
    Exporter. See U.S. exporter.
    Exporting carrier. Any instrumentality of water, land, or air 
transportation by which an export is effected, including any domestic 
air carrier on which any cargo for export is laden or carried.
    ``FMU.''--See ``flexible manufacturing unit''
    ``Family.'' (Cat 3)--Consists of microprocessor or microcomputer 
microcircuits that have:
    (a) The same architecture;
    (b) The same basic instruction set; and
    (c) The same basic technology (e.g., only NMOS or only CMOS).
    ``Fast select.'' (Cat 4 and 5)--A facility applicable to virtual 
calls that allows data terminal equipment to expand the possibility to 
transmit data in call set-up and clearing ``packets'' beyond the basic 
capabilities of a virtual call.

    Note: ``Packet'': a group of binary digits including data and 
call control signals that is switched as a composite whole. The 
data, call control signals, and possible error control information 
are arranged in a specified format.

    ``Fault tolerance.'' (Cat 4)--The capability of a computer system, 
after any malfunction of any of its hardware or ``software'' 
components, to continue to operate without human intervention, at a 
given level of service that provides: continuity of operation, data 
integrity, and recovery of service within a given time.
    ``Fibrous or filamentary materials.'' (Cat 1 and 8)--The term 
``fibrous and filamentary materials'' includes:
    (a) Continuous monofilaments;
    (b) Continuous yarns and rovings;
    (c) Tapes, fabrics, random mats and braids;
    (d) Chopped fibers, staple fibers and coherent fiber blankets;
    (e) Whiskers, either monocrystalline or polycrystalline, of any 
length;
    (f) Aromatic polyimide pulp.
    ``Film type integrated circuit.'' (Cat 3)--An array of ``circuit 
elements'' and metallic interconnections formed by deposition of a 
thick or thin film on an insulating ``substrate''.

    Note: ``Circuit element'': a single active or passive functional 
part of an electronic circuit, such as one diode, one transistor, 
one resistor, one capacitor, etc.

    Firm. A corporation, partnership, limited partnership, association, 
company, trust, or any other kind of organization or body corporate, 
situated, residing, or doing business in the United States or any 
foreign country, including any government or agency thereof.
    ``Fixed.'' (Cat 5)--The coding or compression algorithm cannot 
accept externally supplied parameters (e.g., cryptographic or key 
variables) and cannot be modified by the user.
    ``Flexible manufacturing unit.'' (FMU), (sometimes also referred to 
as `flexible manufacturing system' (FMS) or `flexible manufacturing 
cell' (FMC)) (Cat 2)--An entity that includes a combination of at 
least:
    (a) A ``digital computer'' including its own ``main storage'' and 
its own ``related equipment''; and
    (b) Two or more of the following:
    (1) A machine tool described in 2B001.c;
    (2) A dimensional inspection machine described in Category 2, or 
another digitally controlled measuring machine controlled by an entry 
in Category 2;
    (3) A ``robot'' controlled by an entry in Category 2 or 8;
    (4) Digitally controlled equipment controlled by 1B003, 2B003, or 
9B001;
    (5) ``Stored program controlled'' equipment controlled by 3B001;
    (6) Digitally controlled equipment controlled by 1B001;
    (7) Digitally controlled electronic equipment controlled by 3A002.
    ``Fluoride fibers.'' (Cat 6)--Fibers manufactured from bulk 
fluoride compounds.
    ``Focal plane array.'' (Cat 6)--A linear or two-dimensional planar 
layer, or combination of planar layers, of individual detector 
elements, with or without readout electronics, that work in the focal 
plane.

    N.B. This definition does not include a stack of single detector 
elements or any two, three, or four element detectors provided time 
delay and integration is not performed within the element.

    Foreign government agency. For the purposes of exemption from 
support documentation (see Sec. 748.9 of the EAR), a foreign government 
agency is defined as follows:
    (a) National governmental departments operated by government-paid 
personnel performing governmental administrative functions; e.g. 
Finance Ministry, Ministry of Defense, Ministry of Health, etc. 
(municipal or other local government entities must submit required 
support documentation); or
    (b) National government-owned public service entities; e.g., 
nationally owned railway, postal, telephone, telegraph, broadcasting, 
and power systems, etc. The term ``foreign government agency'' does not 
include government corporations, quasi-government agencies, and state 
enterprises engaged in commercial, industrial, and manufacturing 
activities, such as petroleum refineries, mines, steel mills, retail 
stores, automobile manufacturing plants, airlines, or steamship lines 
that operate between two or more countries, etc.
    Foreign policy control. A control imposed under the EAR for any and 
all of the following reasons: chemical and biological weapons, nuclear 
nonproliferation, missile technology, regional stability, crime 
control, anti-terrorism, United Nations sanctions, and any other reason 
for control implemented under section 6 of the EAA or other similar 
authority.
    Forwarding agent. The person authorized by an exporter to perform 
for that exporter services to facilitate the export of items. The 
forwarding agent need not be a person regularly engaged in the freight 
forwarding business. The forwarding agent must be designated by the 
exporter in writing in the power-of-attorney set forth on the Shippers' 
Export Declaration or in a general power-of-attorney, or other written 
form, subscribed and sworn to by a duly authorized officer or employee 
of the exporter.
    ``Frequency agility.'' (frequency hopping) (Cat 5)--A form of 
``spread spectrum'' in which the transmission frequency of a single 
communication channel is made to change by discrete steps.
    ``Frequency agility.'' (radar) (Cat 6)--(see ``Radar frequency 
agility'')
    ``Frequency switching time.'' (Cat 3 and 5)--The maximum time 
(i.e., delay), taken by a signal, when switched from one selected 
output frequency to another selected output frequency, to reach:
    (a) A frequency within 100 Hz of the final frequency; or
    (b) An output level within 1 dB of the final output level.
    ``Frequency synthesizer.'' (Cat 3)--Any kind of frequency source or 
signal generator, regardless of the actual technique used, providing a 
multiplicity of simultaneous or alternative output frequencies, from 
one or more outputs, controlled by, derived from or disciplined by a 
lesser number of standard (or master) frequencies.
    ``Gas Atomization.'' (Cat 1)--A process to reduce a molten stream 
of metal alloy to droplets of 500-micrometer diameter or less by a 
high-pressure gas stream.

[[Page 12930]]

    ``Gateway.'' (Cat 5)--The function, realized by any combination of 
equipment and ``software'', to carry out the conversion of conventions 
for representing, processing or communicating information used on one 
system into the corresponding, but different conventions used in 
another system.
    General prohibitions. The 10 prohibitions found in part 734 of the 
EAR that prohibit certain exports, reexports, and other conduct, 
subject to the EAR, absent a license, License Exception, or 
determination that no license is required (``NLR'').
    ``Generic software.'' (Cat 5)--A set of instructions for a ``stored 
program controlled'' switching system that is the same for all switches 
using that type of switching system.

    Note: The data base portion is not considered to be a part of 
the generic ``software''.

    ``Geographically dispersed.'' (Cat 6)--Sensors are considered 
geographically dispersed when each location is distant from any other 
more than 1,500 m in any direction. Mobile sensors are always 
considered geographically dispersed.
    ``Global interrupt latency time.'' (Cat 4)--The time taken by the 
computer system to recognize an interrupt due to the event, service the 
interrupt and perform a context switch to an alternate memory-resident 
task waiting on the interrupt.
    Hold Without Action (HWA). License applications may be held without 
action only in the limited circumstances described in Sec. 750.4(c) of 
the EAR.
    ``Hot isostatic densification.'' (Cat 2)--A process of pressurizing 
a casting at temperatures exceeding 375 K (102  deg.C) in a closed 
cavity through various media (gas, liquid, solid particles, etc.) to 
create equal force in all directions to reduce or eliminate internal 
voids in the casting.
    ``Hybrid computer.'' (Cat 4)--Equipment that can:
    (a) Accept data;
    (b) Process data, in both analog and digital representation; and
    (c) Provide output of data.
    ``Hybrid integrated circuit.'' (Cat 3)--Any combination of 
integrated circuit(s), or integrated circuit with ``circuit elements'' 
or ``discrete components'' connected together to perform (a) specific 
function(s), and having all of the following criteria:
    (a) Containing at least one unencapsulated device;
    (b) Connected together using typical IC-production methods;
    (c) Replaceable as an entity; and
    (d) Not normally capable of being disassembled.

    Notes: 1. ``Circuit element'': a single active or passive 
functional part of an electronic circuit, such as one diode, one 
transistor, one resistor, one capacitor, etc.
    2. ``Discrete component'': a separately packaged ``circuit 
element'' with its own external connections.

    ``ISDN.''--See ``Integrated Services Digital Network''.
    ``Image enhancement.'' (Cat 4)--The processing of externally 
derived information-bearing images by algorithms such as time 
compression, filtering, extraction, selection, correlation, convolution 
or transformations between domains (e.g., fast Fourier transform or 
Walsh transform). This does not include algorithms using only linear or 
rotational transformation of a single image, such as translation, 
feature extraction, registration or false coloration.
    ``Information security.'' (Cat 5)--All the means and functions 
ensuring the accessibility, confidentiality or integrity of information 
or communications, excluding the means and functions intended to 
safeguard against malfunctions. This includes ``cryptography'', 
``cryptanalysis'', protection against compromising emanations and 
computer security.

    N.B. ``Cryptanalysis'': the analysis of a cryptographic system 
or its inputs and outputs to derive confidential variables or 
sensitive data, including clear text. (ISO 7498-2-1988 (E), 
paragraph 3.3.18)

    ``Instantaneous bandwidth.'' (Cat 3)--The bandwidth over which 
output power remains constant within 3 dB without adjustment of other 
operating parameters.
    ``Instrumented range.'' (Cat 6)--The specified unambiguous display 
range of a radar.
    ``Integrated Services Digital Network.'' (ISDN) (Cat 5)--A unified 
end-to-end digital network, in which data originating from all types of 
communication (e.g., voice, text, data, still and moving pictures) are 
transmitted from one port (terminal) in the exchange (switch) over one 
access line to and from the subscriber.
    Intent to Deny (ITD) letter. A letter informing the applicant:
    (a) Of the reason for BXA's decision to deny a license application; 
and
    (b) That the application will be denied 45 days from the date of 
the ITD letter, unless the applicant provides, and BXA accepts, a 
reason why the application should not be denied for the stated reason. 
See Sec. 750.6 of the EAR.
    ``Interconnected radar sensors.'' (Cat 6)--Two or more radar 
sensors are interconnected when they mutually exchange data in real 
time.
    Intermediate consignee. The intermediate consignee is the bank, 
forwarding agent, or other intermediary (if any) who acts in a foreign 
country as an agent for the exporter, the purchaser, or the ultimate 
consignee, for the purpose of effecting delivery of the items to the 
ultimate consignee.
    ``Intrinsic Magnetic Gradiometer.'' (Cat 6)--A single magnetic 
field gradient sensing element and associated electronics the output of 
which is a measure of magnetic field gradient. (See also ``Magnetic 
Gradiometer'')
    ``Isostatic presses.'' (Cat 2)--Equipment capable of pressurizing a 
closed cavity through various media (gas, liquid, solid particles, 
etc.) to create equal pressure in all directions within the cavity upon 
a workpiece or material.
    Item. ``Item'' means ``commodities, software, and technology.'' 
When the EAR intend to refer specifically to commodities, software, or 
technology, the text will use the specific reference.
    Know. See ``knowledge.''
    Knowledge. Knowledge of a circumstance (the term may be a variant, 
such as ``know,'' ``reason to know,'' or ``reason to believe'') 
includes not only positive knowledge that the circumstance exists or is 
substantially certain to occur, but also an awareness of a high 
probability of its existence or future occurrence. Such awareness is 
inferred from evidence of the conscious disregard of facts known to a 
person and is also inferred from a person's willful avoidance of facts. 
This definition does not apply to part 760 of the EAR (Restrictive 
Trade Practices or Boycotts).
    ``Laser.'' (Cat 2, 3, 5, 6, and 9)--An assembly of components that 
produce both spatially and temporally coherent light that is amplified 
by stimulated emission of radiation. See also: ``Chemical laser''; ``Q-
switched laser''; ``Super High Power Laser''; and ``Transfer laser''.
    Law or regulation relating to export control. Any statute, 
proclamation, executive order, regulation, rule, license, or order 
applicable to any conduct involving an export transaction shall be 
deemed to be a ``law or regulation relating to export control.''
    Legible or legibility. Legible and legibility mean the quality of a 
letter or numeral that enables the observer to identify it positively 
and quickly to the exclusion of all other letters or numerals.
    License. Authority issued by the Bureau of Export Administration 
authorizing an export, reexport, or other regulated activity. The term 
``license'' does not include authority represented by a ``License 
Exception.''

[[Page 12931]]

    License application; application for license. License application 
and similar wording mean an application to BXA requesting the issuance 
of a license to the applicant.
    License Exception. An authorization described in part 740 of the 
EAR that allows you to export or reexport, under stated conditions, 
items subject to the EAR that otherwise would require a license. Unless 
otherwise indicated, these License Exceptions are not applicable to 
exports under the licensing jurisdiction of agencies other than the 
Department of Commerce.
    Licensee. The person to whom a license has been issued by BXA. See 
Sec. 750.7(c) of the EAR for a complete definition and identification 
of a licensee's responsibilities.
    ``Linearity.'' (Cat 2)--``Linearity'' (usually measured in terms of 
non-linearity) is the maximum deviation of the actual characteristic 
(average of upscale and downscale readings), positive or negative, from 
a straight line so positioned as to equalize and minimize the maximum 
deviations.
    ``Local area network.'' (Cat 4)--A data communication system that:
    (a) Allows an arbitrary number of independent ``data devices'' to 
communicate directly with each other; and
    (b) Is confined to a geographical area of moderate size (e.g., 
office building, plant, campus, warehouse).

    Note: ``Data device'': equipment capable of transmitting or 
receiving sequences of digital information.

    ``MBTR''.--See ``maximum bit transfer rate''.
    MTCR. See Missile Technology Control Regime.
    MTEC. See Missile Technology Export Control Group.
    ``Magnetic Gradiometers.'' (Cat 6)--Are designed to detect the 
spatial variation of magnetic fields from sources external to the 
instrument. They consist of multiple ``magnetometers'' and associated 
electronics the output of which is a measure of magnetic field 
gradient. (See also ``Intrinsic Magnetic Gradiometer''.)
    ``Magnetometers.'' (Cat 6)--Are designed to detect magnetic fields 
from sources external to the instrument. They consist of a single 
magnetic field sensing element and associated electronics the output of 
which is a measure of the magnetic field.
    ``Main storage.'' (Cat 4)--The primary storage for data or 
instructions for rapid access by a central processing unit. It consists 
of the internal storage of a ``digital computer'' and any hierarchical 
extension thereto, such as cache storage or non-sequentially accessed 
extended storage.
    ``Matrix.'' (Cat 1, 2, 8, and 9)--A substantially continuous phase 
that fills the space between particles, whiskers or fibers.
    ``Maximum bit transfer rate.'' (MBTR) (Cat 4)--Of solid state 
storage equipment: the number of data bits per second transferred 
between the equipment and its controller. Of a disk drive: the internal 
data transfer rate calculated as follows:

     ``MBTR'' (bits per second)=B x R x T, where:

B=Maximum number of data bits per track available to read or write 
in a single revolution;
R=Revolutions per second;
T=Number of tracks that can be used or written simultaneously.

    ``Measurement uncertainty.'' (Cat 2)--The characteristic parameter 
that specifies in what range around the output value the correct value 
of the measurable variable lies with a confidence level of 95%. It 
includes the uncorrected systematic deviations, the uncorrected 
backlash, and the random deviations (Ref.: VDI/VDE 2617).
    ``Mechanical alloying.'' (Cat 1)--An alloying process resulting 
from the bonding, fracturing and rebonding of elemental and master 
alloy powders by mechanical impact. Non-metallic particles may be 
incorporated in the alloy by addition of the appropriate powders.
    ``Media access unit.'' (Cat 5)--Equipment that contains one or more 
communication interfaces (``network access controller'', 
``communications channel controller'', modem or computer bus) to 
connect terminal equipment to a network.
    ``Melt Extraction.'' (Cat 1)--A process to ``solidify rapidly'' and 
extract a ribbon-like alloy product by the insertion of a short segment 
of a rotating chilled block into a bath of a molten metal alloy.

    Note: ``Solidify rapidly'': solidification of molten material at 
cooling rates exceeding 1,000 K/sec.

    ``Melt Spinning.'' (Cat 1)--A process to ``solidify rapidly'' a 
molten metal stream impinging upon a rotating chilled block, forming a 
flake, ribbon or rod-like product.

    Note: ``Solidify rapidly'': solidification of molten material at 
cooling rates exceeding 1,000 K/sec.

    ``Microprocessor microcircuit.'' (Cat 3)--A ``monolithic integrated 
circuit'' or ``multichip integrated circuit'' containing an arithmetic 
logic unit (ALU) capable of executing a series of general purpose 
instructions from an external storage.

    N.B. 1: The ``microprocessor microcircuit'' normally does not 
contain integral user-accessible storage, although storage present 
on-the-chip may be used in performing its logic function.
    N.B. 2: This definition includes chip sets that are designed to 
operate together to provide the function of a ``microprocessor 
microcircuit''.

    ``Microprogram.'' (Cat 4 and 5)--A sequence of elementary 
instructions, maintained in a special storage, the execution of which 
is initiated by the introduction of its reference instruction into an 
instruction register.
    Missile Technology Control Regime (MTCR). The United States and 
other nations in this multilateral control regime have agreed to 
guidelines for restricting the export and reexport of dual-use items 
that may contribute to the development of missiles. The MTCR Annex 
lists missile-related equipment and technology controlled either by the 
Department of Commerce or by the Department of State's Office of 
Defense Trade Controls (22 CFR parts 120 through 130).
    Missile Technology Export Control Group (MTEC). Chaired by the 
Department of State, the MTEC primarily reviews applications involving 
items controlled for Missile Technology (MT) reasons. The MTEC also 
reviews applications involving items not controlled for MT reasons, but 
destined for a country and/or end-use/end-user of concern.
    ``Missiles.'' (All)--Rocket systems (including ballistic missile 
systems, space launch vehicles, and sounding rockets) and unmanned air 
vehicle systems (including cruise missile systems, target drones, and 
reconnaissance drones) ``capable of'' delivering at least 500 kilograms 
payload to a range of at least 300 kilometers.
    ``Monolithic integrated circuit.'' (Cat 3)--A combination of 
passive or active ``circuit elements'' or both that:
    (a) Are formed by means of diffusion processes, implantation 
processes or deposition processes in or on a single semiconducting 
piece of material, a so-called 'chip';
    (b) Can be considered as indivisibly associated; and
    (c) Perform the function(s) of a circuit.

    Note: ``Circuit element'': a single active or passive functional 
part of an electronic circuit, such as one diode, one transistor, 
one resistor, one capacitor, etc.

    ``Most immediate storage.'' (Cat 4)--The portion of the ``main 
storage'' most directly accessible by the central processing unit:

[[Page 12932]]

    (a) For single level ``main storage'', the internal storage; or
    (b) For hierarchical ``main storage'':
    (1) The cache storage;
    (2) The instruction stack; or
    (3) The data stack.
    ``Motion control board.'' (Cat 2)--An electronic ``assembly'' 
specially designed to provide a computer system with the capability to 
coordinate simultaneously the motion of axes of machine tools for 
``contouring control''.
    ``Multichip integrated circuit.'' (Cat 3)--Two or more ``monolithic 
integrated circuits'' bonded to a common ``substrate''.
    ``Multi-data-stream processing.'' (Cat 4)--The ``microprogram'' or 
equipment architecture technique that permits simultaneous processing 
of two or more data sequences under the control of one or more 
instruction sequences by means such as:
    (a) Single Instruction Multiple Data (SIMD) architectures such as 
vector or array processors;
    (b) Multiple Single Instruction Multiple Data (MSIMD) 
architectures;
    (c) Multiple Instruction Multiple Data (MIMD) architectures, 
including those that are tightly coupled, closely coupled or loosely 
coupled; or
    (d) Structured arrays of processing elements, including systolic 
arrays.
    ``Multilevel security.'' (Cat 5)--A class of system containing 
information with different sensitivities that simultaneously permits 
access by users with different security clearances and need-to-know, 
but prevents users from obtaining access to information for which they 
lack authorization.

    Note: ``Multilevel security'' is computer security and not 
computer reliability that deals with equipment fault prevention or 
human error prevention in general.

    ``Multispectral Imaging Sensors.'' (Cat 6)--Are capable of 
simultaneous or serial acquisition of imaging data from two or more 
discrete spectral bands. Sensors having more than twenty discrete 
spectral bands are sometimes referred to as hyperspectral imaging 
sensors.
    ``N.E.S.'' N.E.S or n.e.s. is an abbreviation meaning ``not 
elsewhere specified''.
    NLR. NLR (``no license required'') is a symbol entered on the 
Shipper's Export Declaration, certifying that no license is required.
    NSG. See Nuclear Suppliers Group.
    NATO (North Atlantic Treaty Organization). A strategic defensive 
organization that consists of the following member nations: Belgium, 
Canada, Denmark, France, Germany, Greece, Iceland, Italy, Luxembourg, 
the Netherlands, Norway, Portugal, Spain, Turkey, the United Kingdom, 
and the United States.
    Net value. The actual selling price, less shipping charges or 
current market price, whichever is the larger, to the same type of 
purchaser in the United States.
    ``Network access controller.'' (Cat 4 and 5)--A physical interface 
to a distributed switching network. It uses a common medium that 
operates throughout at the same ``digital transfer rate'' using 
arbitration (e.g., token or carrier sense) for transmission. 
Independently from any other, it selects data packets or data groups 
(e.g., IEEE 802) addressed to it. It is an assembly that can be 
integrated into computer or telecommunications equipment to provide 
communications access.
    ``Neural computer.'' (Cat 4)--A computational device designed or 
modified to mimic the behavior of a neuron or a collection of neurons 
(i.e., a computational device that is distinguished by its hardware 
capability to modulate the weights and numbers of the interconnections 
of a multiplicity of computational components based on previous data).
    ``Noise level.'' (Cat 6)--An electrical signal given in terms of 
power spectral density. The relation between ``noise level'' expressed 
in peak-to-peak is given by S\2\pp=8N<INF>o(f<INF>2-f\1\), where 
S<INF>pp is the peak-to-peak value of the signal (e.g., nanoteslas), 
N<INF>o is the power spectral density (e.g., (nanotesla)\2\/Hz) and 
(f<INF>2-f<INF>1) defines the bandwidth of interest.
    Nuclear Suppliers Group (NSG). The United States and other nations 
in this multilateral control regime have agreed to guidelines for 
restricting the export or reexport of items with nuclear applications. 
As of February 1, 1996, members include: Argentina, Australia, Austria, 
Belgium, Bulgaria, Canada, Czech Republic, Denmark, Finland, France, 
Germany, Greece, Hungary, Ireland, Italy, Japan, Luxembourg, the 
Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, 
Romania, Russia, Slovak Republic, Spain, South Africa, Sweden, 
Switzerland, the United Kingdom, and the United States. See also 
Sec. 742.3 of the EAR.
    ``Numerical control.'' (Cat 2)--The automatic control of a process 
performed by a device that makes use of numeric data usually introduced 
as the operation is in progress (Ref. ISO 2382).
    ``Object code.'' (or object language) (Cat 4)--An equipment 
executable form of a convenient expression of one or more processes 
(``source code'' (or source language)) that has been converted by a 
programming system. (See also ``source code'')
    Office of Foreign Assets Control (FAC) or (OFAC). The office at the 
Department of the Treasury responsible for blocking assets of foreign 
countries subject to economic sanctions, controlling participation by 
U.S. persons, including foreign subsidiaries, in transactions with 
specific countries or nationals of such countries, and administering 
embargoes on certain countries or areas of countries. (See 31 CFR parts 
500 through 590.)
    ``Operate autonomously.'' (Cat 8)--Fully submerged, without 
snorkel, all systems working and cruising at minimum speed at which the 
submersible can safely control its depth dynamically by using its depth 
planes only, with no need for a support vessel or support base on the 
surface, sea-bed or shore, and containing a propulsion system for 
submerged or surface use.
    Operating Committee (OC). The OC voting members include 
representatives of appropriate agencies in the Departments of Commerce, 
State, Defense, and Energy and the Arms Control and Disarmament Agency. 
The appropriate representatives of the Joint Chiefs of Staff and the 
Director of the Nonproliferation Center of the Central Intelligence 
Agency are non-voting members. The Department of Commerce 
representative, appointed by the Secretary, is the Chair of the OC and 
serves as the Executive Secretary of the Advisory Committee on Export 
Policy. The OC may invite representatives of other Government agencies 
or departments (other than those identified above) to participate in 
the activities of the OC when matters of interest to such agencies or 
departments are under consideration.
    ``Optical amplification.'' (Cat 5)--In optical communications, an 
amplification technique that introduces a gain of optical signals that 
have been generated by a separate optical source, without conversion to 
electrical signals, i.e., using semiconductor optical amplifiers, 
optical fiber luminescent amplifiers.
    ``Optical computer.'' (Cat 4)--A computer designed or modified to 
use light to represent data and whose computational logic elements are 
based on directly coupled optical devices.
    ``Optical fiber preforms.'' (Cat 5 and 6)--Bars, ingots, or rods of 
glass, plastic or other materials that have been specially processed 
for use in fabricating optical fibers. The characteristics of the 
preform determine the basic parameters of the resultant drawn optical 
fibers.

[[Page 12933]]

    ``Optical integrated circuit.'' (Cat 3)--A ``monolithic integrated 
circuit'' or a ``hybrid integrated circuit'', containing one or more 
parts designed to function as photosensor or photoemitter or to perform 
(an) optical or (an) electro-optical function(s).
    ``Optical switching.'' (Cat 5)--The routing of or switching of 
signals in optical form without conversion to electrical signals.
    ``Overall current density.'' (Cat 3)--The total number of ampere-
turns in the coil (i.e., the sum of the number of turns multiplied by 
the maximum current carried by each turn) divided by the total cross-
section of the coil (comprising the superconducting filaments, the 
metallic matrix in which the superconducting filaments are embedded, 
the encapsulating material, any cooling channels, etc.).
    ``PABX.'' (Cat 5)--(See ``Private automatic branch exchange''.)
    ``Part program.'' (Cat. 2)--An ordered set of instructions that is 
in a language and in a format required to cause operations to be 
effected under automatic control and that is either written in the form 
of a machine program on an input medium or prepared as input data for 
processing in a computer to obtain a machine program (Ref. ISO 2806-
1980).
    ``Peak power.'' (Cat 6)--Energy per pulse in Joule divided by the 
pulse duration in seconds.
    Person. A natural person, including a citizen or national of the 
United States or of any foreign country; any firm; any government, 
government agency, government department, or government commission; any 
labor union; any fraternal or social organization; and any other 
association or organization whether or not organized for profit. This 
definition does not apply to part 760 of the EAR (Restrictive Trade 
Practices or Boycotts).
    ``Personalized smart card.'' (Cat 5)--A smart card containing a 
microcircuit, in accordance with ISO/IEC 7816, that has been programmed 
by the issuer and cannot be changed by the user.
    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.
    ``Positioning accuracy.'' (Cat. 2)--The positioning accuracy of 
``numerically controlled'' machine tools is to be determined and 
presented in accordance with ISO/DIS 230/2, paragraph 2.13, in 
conjunction with the following requirements:
    (a) Test conditions:
    (1) For 12 hours before and during measurements, the machine tool 
and accuracy measuring equipment will be kept at the same ambient 
temperature. During the pre-measurement time the slides of the machine 
will be continuously cycled in the same manner that the accuracy 
measurements will be taken;
    (2) The machine shall be equipped with any mechanical, electronic, 
or software compensation to be exported with the machine;
    (3) Accuracy of measuring equipment for the measurements shall be 
at least four times more accurate than the expected machine tool 
accuracy;
    (4) Power supply for slide drives shall be as follows:
    (i) Line voltage variation shall exceed <plus-minus>10% of nominal 
rated voltage;
    (ii) Frequency variation shall not exceed <plus-minus>2 Hz of 
normal frequency;
    (iii) Lineouts or interrupted service are not permitted.
    (b) Test programs:
    (1) Feed rate (velocity of slides) during measurement shall be the 
rapid traverse rate;

    Note: In case of machine tools that generate optical quality 
surfaces, the feedrate shall be equal to or less than 50 mm per 
minute.

    (2) Measurements shall be made in an incremental manner from one 
limit of the axis travel to the other without returning to the starting 
position for each move to the target position;
    (3) Axes not being measured shall be retained at mid travel during 
the test of an axis.
    (c) Presentation of test results: The results of the measurement 
must include:
    (1) Position accuracy (A); and
    (2) The mean reversal error (B).
    ``Power management.'' (Cat 7)--Changing the transmitted power of 
the altimeter signal so that received power at the ``aircraft'' 
altitude is always at the minimum necessary to determine the altitude.
    ``Principal element.'' (Cat 4)--An element is a ``principal 
element'' when its replacement value is more than 35% of the total 
value of the system of which it is an element. Element value is the 
price paid for the element by the manufacturer of the system, or by the 
system integrator. Total value is the normal international selling 
price to unrelated parties at the point of manufacture or consolidation 
of shipment.
    ``Private automatic branch exchange.'' (PABX) (Cat 5)--An automatic 
telephone exchange, typically incorporating a position for an 
attendant, designed to provide access to the public network and serving 
extensions in an institution such as a business, government, public 
service or similar organization.
    ``Production.'' (General Technology Note)--Means all production 
stages, such as: product engineering, manufacture, integration, 
assembly (mounting), inspection, testing, quality assurance.
    Production facility. As defined by 10 CFR 110.2 of the Nuclear 
Regulatory Commission Regulations, production facility means any 
nuclear reactor or plant specially designed or used to produce special 
nuclear material through the irradiation of source material or special 
nuclear material, the separation of isotopes or the chemical 
reprocessing or irradiated source or special nuclear material.
    ``Program.'' (Cat 2, 4, and 5)--A sequence of instructions to carry 
out a process in, or convertible into, a form executable by an 
electronic computer.
    ``Proof test.'' (Cat 5)--On-line or off-line production screen 
testing that dynamically applies a prescribed tensile stress over a 0.5 
to 3 m length of fiber at a running rate of 2 to 5 m/s while passing 
between capstans approximately 150 mm in diameter. The ambient 
temperature is a nominal 293 K (20 deg. C) and relative humidity 40%.

    Note: Equivalent national standards for executing the ``proof 
test'' may be used.

    Publicly available information. Information that is generally 
accessible to the interested public in any form and, therefore, not 
subject to the EAR (See part 732 of the EAR).
    Publicly available technology and software. Technology and software 
that are already published or will be published; arise during, or 
result from fundamental research; are educational; or are included in 
certain patent applications (see Sec. 734.3(b)(3) of the EAR).
    ``Pulse compression.'' (Cat 6)--The coding and processing of a 
radar signal pulse of long time duration to one of short time duration, 
while maintaining the benefits of high pulse energy.
    ``Pulse duration.'' (Cat 6)--Duration of a ``laser'' pulse measured 
at Full Width Half Intensity (FWHI) levels.
    Purchaser. The person abroad who has entered into a transaction 
with the applicant to purchase an item for delivery to the ultimate 
consignee. A bank, freight forwarder, forwarding agent, or other 
intermediary is not a purchaser.
    ``Q-switched laser.'' (Cat 6)--A ``laser'' in which the energy is 
stored in the population inversion or in the optical resonator and 
subsequently emitted in a pulse.
    RWA. See Return Without Action.
    
[[Page 12934]]

    ``Radar frequency agility.'' (Cat 6)--Any technique that changes, 
in a pseudo-random sequence, the carrier frequency of a pulsed radar 
transmitter between pulses or between groups of pulses by an amount 
equal to or larger than the pulse bandwidth.
    ``Radar spread spectrum.'' (Cat 6)--Any modulation technique for 
spreading energy originating from a signal with a relatively narrow 
frequency band, over a much wider band of frequencies, by using random 
or pseudo-random coding.
    ``Range.'' (Cat 8)--Half the maximum distance a submersible vehicle 
can cover.
    Readable or readability. Readable and readability mean the quality 
of a group of letters or numerals being recognized as complete words or 
numbers.
    ``Real-time bandwidth.'' (Cat 3)--For ``dynamic signal analyzers'', 
the widest frequency range that the analyzer can output to display or 
mass storage without causing any discontinuity in the analysis of the 
input data. For analyzers with more than one channel, the channel 
configuration yielding the widest ``real-time bandwidth'' shall be used 
to make the calculation.
    ``Real-time Processing.'' (Cat 2 and 4)--The processing of data by 
a computer system providing a required level of service, as a function 
of available resources, within a guaranteed response time, regardless 
of the load of the system, when stimulated by an external event.
    Reasons for Control. Reasons for Control are: Anti-Terrorism (AT), 
Chemical & Biological Weapons (CB), Crime Control (CC), High 
Performance Computer (XP), Missile Technology (MT), National Security 
(NS), Nuclear Nonproliferation (NP), Regional Stability (RS), Short 
Supply (SS), and United Nations sanctions (UN). Items controlled within 
a particular ECCN may be controlled for more than one reason.
    Reexport. ``Reexport'' means an actual shipment or transmission of 
items subject to the EAR from one foreign country to another foreign 
country. For purposes of the EAR, the export or reexport of items 
subject to the EAR that will transit through a country or countries, or 
be transshipped in a country or countries to a new country, or are 
intended for reexport to the new country, are deemed to be exports to 
the new country. (See Sec. 734.2(b)of the EAR.) In addition, for 
purposes of satellites controlled by the Department of Commerce, the 
term ``reexport'' also includes the transfer of registration of a 
satellite or operational control over a satellite from a party resident 
in one country to a party resident in another country.
    Replacement license. An authorization by the Bureau of Export 
Administration revising the information, conditions, or riders stated 
on a license issued by BXA. See Sec. 750.7 of the EAR.
    ``Required.''-- As applied to ``software'', refers to only that 
portion of ``software'' that is peculiarly responsible for achieving or 
exceeding the control performance levels, characteristics or function. 
Such ``required'' ``software'' may be shared by different products. 
``Technology'' ``required'' for the ``development'', ``production'', or 
``use'' of a controlled product remains controlled even when applicable 
to a product controlled at a lower level (see the General Technology 
Note).
    ``Resolution.'' (Cat 2)--The least increment of a measuring device; 
on digital instruments, the least significant bit (Ref.: ANSI B-
89.1.12).
    Return Without Action (RWA). An application may be RWA'd for one of 
the following reasons:
    (a) The applicant has requested the application be returned;
    (b) A License Exception applies;
    (c) The items are not under Department of Commerce jurisdiction;
    (d) Required documentation has not been submitted with the 
application; or
    (e) The applicant cannot be reached after several attempts to 
request additional information necessary for processing of the 
application.
    ``Robot.'' (Cat 2 and 8)--A manipulation mechanism, which may be of 
the continuous path or of the point-to-point variety, may use 
``sensors'', and has all the following characteristics:
    (a) Is multifunctional;
    (b) Is capable of positioning or orienting material, parts, tools 
or special devices through variable movements in a three dimensional 
space;
    (c) Incorporates three or more closed or open loop servo-devices 
that may include stepping motors; and
    (d) Has ``user-accessible programmability'' by means of teach/
playback method or by means of an electronic computer that may be a 
programmable logic controller, i.e., without mechanical intervention.

    Note: This definition does not include the following devices:

    (a) Manipulation mechanisms that are only manually/teleoperator 
controllable;
    (b) Mixed sequence manipulation mechanisms that are automated 
moving devices, operating according to mechanically fixed programmed 
motions. The program is mechanically limited by fixed stops, such as 
pins or cams. The sequence of motions and the selection of paths or 
angles are not variable or changeable by mechanical, electronic or 
electrical means;
    (c) Mechanically controlled variable sequence manipulation 
mechanisms that are automated moving devices, operating according to 
mechanically fixed programmed motions. The program is mechanically 
limited by fixed, but adjustable stops, such as pins or cams. The 
sequence of motions and the selection of paths or angles are 
variable within the fixed program pattern. Variations or 
modifications of the program pattern (e.g., changes of pins or 
exchanges of cams) in one or more motion axes are accomplished only 
through mechanical operations;
    (d) Non-servo-controlled variable sequence manipulation 
mechanisms that are automated moving devices, operating according to 
mechanically fixed programmed motions. The program is variable, but 
the sequence proceeds only by the binary signal from mechanically 
fixed electrical binary devices or adjustable stops;
    (e) Stacker cranes defined as Cartesian coordinate manipulator 
systems manufactured as an integral part of a vertical array of 
storage bins and designed to access the contents of those bins for 
storage or retrieval.

    ``Rotary Atomization.'' (Cat 1)--A process to reduce a stream or 
pool of molten metal to droplets to a diameter of 500 micrometer or 
less by centrifugal force.
    ``Run-out.'' (out-of-true running) (Cat 2)--Radial displacement in 
one revolution of the main spindle measured in a plane perpendicular to 
the spindle axis at a point on the external or internal revolving 
surface to be tested (Ref.: ISO 230 Part 1-1986, paragraph 5.61).
    ``SDH.''--See ``synchronous digital hierarchy'' Sensors (Cat. 6)--
Detectors of a physical phenomenon, the output of which (after 
conversion into a signal that can be interpreted by a controller) is 
able to generate ``programs'' or modify programmed instructions or 
numerical program data. This includes ``sensors'' with machine vision, 
infrared imaging, acoustical imaging, tactile feel, inertial position 
measuring, optical or acoustic ranging or force or torque measuring 
capabilities.
    SNEC. See Subgroup on Nuclear Export Coordination.
    ``SONET.''--See ``synchronous optical network''.
    ``Scale factor.'' (gyro or accelerometer) (Cat 7)--The ratio of 
change in output to a change in the input intended to be measured. 
Scale factor is generally evaluated as the slope of the straight line 
that can be fitted by the method of least squares to input-output data 
obtained by varying the input cyclically over the input range.
    Schedule B numbers. The commodity numbers appearing in the current

[[Page 12935]]
edition of the Bureau of the Census publication, Schedule B Statistical 
Classification of Domestic and Foreign Commodities Exported from the 
United States. (See part 758 of the EAR for information on use of 
Schedule B numbers.)
    ``Settling time.'' (Cat 3)--The time required for the output to 
come within one-half bit of the final value when switching between any 
two levels of the converter.
    Shield. Chaired by the Department of State, the Shield primarily 
reviews applications involving items controlled for Chemical and 
Biological Weapons (CBW) reasons. The Shield also reviews applications 
involving items not controlled for CBW reasons, but destined for a 
country and/or end-use/end-user of concern. See Sec. 750.4 of the EAR.
    ``Signal analyzers.'' (Cat 3)--Apparatus capable of measuring and 
displaying basic properties of the single-frequency components of 
multi-frequency signals.
    ``Signal analyzers.'' (dynamic) (Cat 3)--(See ``Dynamic signal 
analyzers''.)
    ``Signal processing.'' (Cat 3, 4 and 5)--The processing of 
externally derived information-bearing signals by algorithms such as 
time compression, filtering, extraction, selection, correlation, 
convolution or transformations between domains (e.g., fast Fourier 
transform or Walsh transform).
    ``Simple educational devices.'' (Cat 3)--Devices designed for use 
in teaching basic scientific principles and demonstrating the operation 
of those principles in educational institutions.
    Single shipment. All items moving at the same time from one 
exporter to one consignee or intermediate consignee on the same 
exporting carrier, even if these items will be forwarded to one or more 
ultimate consignees. Items being transported in this manner shall be 
treated as a single shipment even if the items represent more than one 
order or are in separate containers.
    ``Software.'' (Cat: all)--A collection of one or more ``programs'' 
or ``microprograms'' fixed in any tangible medium of expression.
    ``Source code.'' (or source language) (Cat 4)--A convenient 
expression of one or more processes that may be turned by a programming 
system into equipment executable form (``object code'' (or object 
language)).
    ``Spacecraft.'' (Cat 7 and 9)--Active and passive satellites and 
space probes.
    ``Space qualified.'' (Cat 3 and 6)--Products designed, manufactured 
and tested to meet the special electrical, mechanical or environmental 
requirements for use in the launch and deployment of satellites or 
high-altitude flight systems operating at altitudes of 100 km or 
higher.
    Specially Designated National (SDN). Any person who is determined 
by the Secretary of the Treasury to be a specially designated national 
for any reason under regulations issued by the Office of Foreign Assets 
Control (see 31 CFR parts 500 through 590).
    Specially Designated Terrorist (STN). Any person who is determined 
by the Secretary of the Treasury to be a specially designated terrorist 
under notices or regulations issued by the Office of Foreign Assets 
Control (see 31 CFR chapter V).
    ``Specially designed.'' (MTCR context)--Equipment, parts, 
components or ``software'' that, as a result of ``development'', have 
unique properties that distinguish them for certain predetermined 
purposes. For example, a piece of equipment that is ``specially 
designed'' for use in a ``missile'' will only be considered so if it 
has no other function or use. Similarly, a piece of manufacturing 
equipment that is ``specially designed'' to produce a certain type of 
component will only be considered such if it is not capable of 
producing other types of components.
    ``Specific modulus.'' (Cat 1)--Young's modulus in pascals, 
equivalent to N/m\2\ divided by specific weight in N/m\3\, measured at 
a temperature of (296 <plus-minus> 2) K ((23 <plus-minus> 2) deg. C) 
and a relative humidity of (50 <plus-minus> 5)%.
    ``Specific tensile strength.'' (Cat 1)--Ultimate tensile strength 
in pascals, equivalent to N/m\2\ divided by specific weight in N/m\3\, 
measured at a temperature of (296 <plus-minus> 2) K ((23 <plus-minus> 
2) deg. C) and relative humidity of (50 <plus-minus> 5)%.
    ``Spectral efficiency.'' (Cat 5)--A figure of merit parametrized to 
characterize the efficiency of transmission system that uses complex 
modulation schemes such as QAM (quadrature amplitude modulation), 
Trellis coding, QSPK (Q-phased shift key), etc. It is defined as 
follows:
[GRAPHIC] [TIFF OMITTED] TR25MR96.013

    ``Splat Quenching.'' (Cat 1)--A process to ``solidify rapidly'' a 
molten metal stream impinging upon a chilled block, forming a flake-
like product.

    Note: ``Solidify rapidly'': solidification of molten material at 
cooling rates exceeding 1,000 K/sec.

    ``Spread spectrum.'' (Cat 5)--The technique whereby energy in a 
relatively narrow-band communication channel is spread over a much 
wider energy spectrum.
    ``Spread spectrum radar.'' (Cat 6)--(see ``Radar spread spectrum'')
    ``Sputtering.'' (Cat 4)--An overlay coating process wherein 
positively charged ions are accelerated by an electric field towards 
the surface of a target (coating material). The kinetic energy of the 
impacting ions is sufficient to cause target surface atoms to be 
released and deposited on the substrate.

    Note: Triode, magnetron or radio frequency sputtering to 
increase adhesion of coating and rate of deposition are ordinary 
modifications of the process.

    ``Stability.'' (Cat 7)--Standard deviation (1 sigma) of the 
variation of a particular parameter from its calibrated value measured 
under stable temperature conditions. This can be expressed as a 
function of time.
    ``Stored program controlled.'' (Cat 2, 3, and 5)--A control using 
instructions stored in an electronic storage that a processor can 
execute in order to direct the performance of predetermined functions.

    Note: Equipment may be ``stored program controlled'' whether the 
electronic storage is internal or external to the equipment.

    Subgroup on Nuclear Export Coordination (SNEC). Chaired by the 
Department of State, the SNEC primarily reviews applications involving 
items controlled for nuclear nonproliferation (NP) reasons. The SNEC 
also reviews applications involving items not controlled for NP 
reasons, but destined for a country and/or end-use/end-user of NP 
concern.
    Subject to the EAR. A term used in the EAR to describe those 
commodities, Software, technology, and activities over which the Bureau 
of Export Administration (BXA) exercises regulatory jurisdiction under 
the EAR (See Sec. 734.2(a) of the EAR).

[[Page 12936]]

    ``Substrate.'' (Cat 3)--A sheet of base material with or without an 
interconnection pattern and on which or within which ``discrete 
components'' or integrated circuits or both can be located.

    Note: ``Discrete component'': a separately packaged ``circuit 
element'' with its own external connections.

    ``Substrate blanks.'' (Cat 6)--Monolithic compounds with dimensions 
suitable for the production of optical elements such as mirrors or 
optical windows.
    ``Superalloys.'' (Cat 2 and 9)--Nickel-, cobalt-, or iron-base 
alloys having strengths superior to any alloys in the AISI 300 series 
at temperatures over 922 K (694 degrees C) under severe environmental 
and operating conditions.
    ``Superconductive.'' (Cat 1, 3, 6, and 8)--Materials, i.e., metals, 
alloys, or compounds that can lose all electrical resistance, i.e., 
that can attain infinite electrical conductivity and carry very large 
electrical currents without Joule heating.

    Note: The ``superconductive'' state of a material is 
individually characterized by a ``critical temperature'', a critical 
magnetic field that is a function of temperature, and a critical 
current density that is a function of both magnetic field and 
temperature.

    ``Super High Power Laser.'' (SHPL) (Cat 6)--A ``laser'' capable of 
delivering (the total or any portion of) the output energy exceeding 1 
kJ within 50 ms or having an average or CW power exceeding 20 kW.
    ``Superplastic forming.'' (Cat 1 and 2)--A deformation process 
using heat for metals that are normally characterized by low of 
elongation (less than 20%) at the breaking point as determined at room 
temperature by conventional tensile strength testing, in order to 
achieve elongations during processing that are at least 2 times those 
values.
    ``Swept frequency network analyzers.'' (Cat 3)--Involve the 
automatic measurement of equivalent circuit parameters over a range of 
frequencies, involving swept frequency measurement techniques, but not 
continuous wave point-to-point measurements.
    ``Switch fabric.'' (Cat 5)--That hardware and associated 
``software'' that provides the physical or virtual connection path for 
in-transit message traffic being switched.
    ``Synchronous digital hierarchy.'' (SDH) (Cat 5)--A digital 
hierarchy providing a means to manage, multiplex, and access various 
forms of digital traffic using a synchronous transmission format on 
different types of media. The format is based on the Synchronous 
Transport Module (STM) that is defined by CCITT Recommendation G.703, 
G.707, G.708, G.709 and others yet to be published. The first level 
rate of ``SDH'' is 155.52 Mbits/s.
    ``Synchronous optical network.'' (SONET) (Cat 5)--A network 
providing a means to manage, multiplex and access various forms of 
digital traffic using a synchronous transmission format on fiber 
optics. The format is the North America version of ``SDH'' and also 
uses the Synchronous Transport Module (STM). However, it uses the 
Synchronous Transport Signal (STS) as the basic transport module with a 
first level rate of 51.81 Mbits/s. The SONET standards are being 
integrated into those of ``SDH''.
    ``Systems tracks.'' (Cat 6)--Processed, correlated (fusion of radar 
target data to flight plan position) and updated aircraft flight 
position report available to the Air Traffic Control center 
controllers.
    ``Systolic array computer.'' (Cat 4)--A computer where the flow and 
modification of the data is dynamically controllable at the logic gate 
level by the user.
    ``Technology.'' (General Technology Note)--Specific information 
necessary for the ``development'', ``production'', or ``use'' of a 
product. The information takes the form of ``technical data'' or 
``technical assistance''. Controlled ``technology'' is defined in the 
General Technology Note and in the Commerce Control List (Supplement 
No. 1 to part 774 of the EAR).

    N.B.: Technical assistance--May take forms such as instruction, 
skills training, working knowledge, consulting services.

    Note: ``Technical assistance'' may involve transfer of 
``technical data''.

    ``Technical data.''--May take forms such as blueprints, plans, 
diagrams, models, formulae, tables, engineering designs and 
specifications, manuals and instructions written or recorded on other 
media or devices such as disk, tape, read-only memories.
    ``Telecommunication transmission equipment.'' (Cat 5)--
    (a) Categorized as follows, or combinations thereof:
    (1) Radio equipment (e.g., transmitters, receivers and 
transceivers);
    (2) Line terminating equipment;
    (3) Intermediate amplifier equipment;
    (4) Repeater equipment;
    (5) Regenerator equipment;
    (6) Translation encoders (transcoders);
    (7) Multiplex equipment (statistical multiplex included);
    (8) Modulators/demodulators (modems);
    (9) Transmultiplex equipment (see CCITT Rec. G701);
    (10) ``Stored program controlled'' digital crossconnection 
equipment;
    (11) ``Gateways'' and bridges;
    (12) ``Media'' access units; and
    (b) Designed for use in single or multi-channel communication via:
    (1) Wire (line);
    (2) Coaxial cable;
    (3) Optical fiber cable;
    (4) Electromagnetic radiation.
    ``Terminal interface equipment.'' (Cat 4)--Equipment at which 
information enters or leaves the telecommunication systems, e.g., 
telephone, data device, computer, facsimile device.
    ``Three dimensional Vector Rate.'' (Cat 4)--The number of vectors 
generated per second that have 10 pixel poly line vectors, clip tested, 
randomly oriented, with either integer or floating point X-Y-Z 
coordinate values (whichever produces the maximum rate).
    ``Tilting spindle.'' (Cat 2)--A tool-handling spindle that alters, 
during the machining process, the angular position of its center line 
with respect to any other axis.
    ``Time constant.'' (Cat 6)--The time taken from the application of 
a light stimulus for the current increment to reach a value of 1-1/e 
times the final value (i.e., 63% of the final value).
    ``Total digital transfer rate.'' (Cat 5)--The number of bits, 
including line coding, overhead and so forth per unit time passing 
between corresponding equipment in a digital transmission system. (See 
also ``digital transfer rate''.)
    Transfer. A transfer to any person of items subject to the EAR 
either within the United States or outside of the United States with 
the knowledge or intent that the items will be shipped, transferred, or 
transmitted to an unauthorized recipient.
    ``Transfer laser.'' (Cat 6)--A ``laser'' in which the lasting 
species is excited through the transfer of energy by collision of a 
non-lasing atom or molecule with a lasing atom or molecule species.
    ``Tunable.'' (Cat 6)--The ability of a ``laser'' to produce a 
continuous output at all wavelengths over a range of several ``laser'' 
transitions. A line selectable ``laser'' produces discrete wavelengths 
within one ``laser'' transition and is not considered ``tunable''.
    ``Two dimensional Vector Rate.'' (Cat 4)--The number vectors 
generated per second that have 10 pixel poly line vectors, clip tested, 
randomly oriented, with either integer or floating point X-Y coordinate 
values (whichever produces the maximum rate).

[[Page 12937]]

    U.S. exporter. That person who, as the principal party in interest 
in the export transaction, has the power and responsibility for 
determining and controlling the sending of the items out of the United 
States. (See also ``applicant''.)
    U.S. person. (a) For purposes of Sec. 744.6 of the EAR, the term 
U.S. person includes:
    (1) Any individual who is a citizen of the United States, a 
permanent resident alien of the United States, or a protected 
individual as defined by 8 U.S.C. 1324b(a)(3);
    (2) Any juridical person organized under the laws of the United 
States or any jurisdiction within the United States, including foreign 
branches; and
    (3) Any person in the United States.
    (b) See also parts 746 and 760 of the EAR for definitions of ``U.S. 
person'' that are specific to those parts.
    Ultimate consignee. The person located abroad who is the true party 
in interest in actually receiving the export or reexport for the 
designated end-use. (See Sec. 748.4(b)(5) of the EAR.)
    United States. Unless otherwise stated, the 50 States, including 
offshore areas within their jurisdiction pursuant to section 3 of the 
Submerged Lands Act (43 U.S.C. 1311), the District of Columbia, Puerto 
Rico, and all territories, dependencies, and possessions of the United 
States, including foreign trade zones established pursuant to 19 U.S.C. 
81A-81U, and also including the outer continental shelf, as defined in 
section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1331(a)).
    United States airline. Any citizen of the United States who is 
authorized by the U.S. Government to engage in business as an airline. 
For purposes of this definition, a U.S. citizen is:
    (a) An individual who is a citizen of the United States or one of 
its possessions; or
    (b) A partnership of which each member is such an individual; or
    (c) A corporation or association created or organized under the 
laws of the United States, or of any State, Territory, or possession of 
the United States, of which the president and two-thirds of the board 
of directors and other managing officers thereof are such individuals 
and in which at least 75 percent of the voting interest is owned or 
controlled by persons who are citizens of the United States or of one 
of its possessions.
    ``Usable in or Capable of.'' (MTCR context)--Equipment, parts, 
components or ``software'' that are suitable for a particular purpose. 
There is no need for the equipment, parts, components or ``software'' 
to have been configured, modified or specified for the particular 
purpose. For example, any military specification memory circuit would 
be ``capable of'' operation in a guidance system.
    ``Use.'' (General Technology Note)--Operation, installation 
(including on-site installation), maintenance (checking), repair, 
overhaul and refurbishing.
    ``User-accessible programmability.'' (Cat 4, 5, and 6)--The 
facility allowing a user to insert, modify, or replace ``programs'' by 
means other than:
    (a) A physical change in wiring or interconnections; or
    (b) The setting of function controls including entry of parameters.
    Utilization facility. (a) As defined by 10 CFR 110.2 of the Nuclear 
Regulatory Commission Regulations, utilization facility means a nuclear 
reactor, other than one that is a production facility, any of the 
following major components of a nuclear reactor: Pressure vessels 
designed to contain the core of a nuclear reactor, other than one that 
is a production facility, and the following major components of a 
nuclear reactor:
    (1) Primary coolant pumps;
    (2) Fuel charging or discharging machines; and
    (3) Control rods.
    (b) Utilization facility does not include the steam turbine 
generator portion of a nuclear power plant.
    ``Vacuum Atomization.'' (Cat 1)--A process to reduce a molten 
stream of metal to droplets of a diameter of 500 micrometer or less by 
the rapid evolution of a dissolved gas upon exposure to a vacuum.
    ``Variable geometry airfoils.'' (Cat 7)--Use trailing edge flaps or 
tabs, or leading edge slats or pivoted nose droop, the position of 
which can be controlled in flight.
    ``Vector Rate.'' (Cat 4)--See: ``Two dimensional Vector Rate''; 
``Three dimensional Vector Rate''.
    You. Any person, including a natural person, including a citizen of 
the United States or any foreign country; any firm; any government, 
government agency, government department, or government commission; any 
labor union; any fraternal or social organization; and any other 
association or organization whether or not organized for profit.

PART 774--THE COMMERCE CONTROL LIST

Sec.
774.1  Introduction.
774.2  [Reserved.]
Supplement No. 1 to Part 774--The Commerce Control List
Supplement No. 2 to Part 774--General Technology and Software Notes
Supplement No. 3 to Part 774--Cross-Reference List

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. 
287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; Sec. 201, Pub. L. 104-
58, 109 Stat. 557 (30 U.S.C. 185(s)); 30 U.S.C. 185(u); 42 U.S.C. 
2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 
U.S.C. app. 5; E.O. 12924, 3 CFR, 1994 Comp., p. 917; Notice of 
August 15, 1995, (60 FR 42767 August 17, 1995).


Sec. 774.1  Introduction.

    In this part, references to the EAR are references to 15 CFR 
chapter VII, subchapter C. The Bureau of Export Administration (BXA) 
maintains the Commerce Control List (CCL) that includes items 
(commodities, software, and technology) subject to the authority of 
BXA. The CCL does not include those items exclusively controlled for 
export by another department or agency of the U.S. Government. In 
instances where other agencies administer controls over related items, 
entries in the CCL will contain a reference to these controls. Those 
items subject to the EAR but not specified on the CCL are identified by 
the designator ``EAR99''. See Sec. 734.2(a) of the EAR for items that 
are ``subject to the EAR''. You should consult part 738 of the EAR for 
an explanation of the organization of the CCL and its relationship to 
the Country Chart.
    The CCL is contained in Supplement No. 1 to this part, and 
Supplement No. 2 to this part contains the General Technology and 
Software Notes relevant to entries contained in the CCL.

Supplement No. 1 to Part 774--The Commerce Control List

Category 0--Nuclear Materials, Facilities & Equipment and 
Miscellaneous

A. Equipment, Assemblies and Components


0A018  Items on the International Munitions List.

License Requirements

    Reason for Control: NS, RS, AT, UN

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 1.                   
RS applies to 0A918.c..................  RS Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
UN applies to entire entry.............  Rwanda.                        
------------------------------------------------------------------------

License Exceptions

    LVS: $5000 for 0A918.a and b; $3000 for 0A918.c; $1500 for 
0A918.d through .f; and $0 for entire entry for Rwanda
    GBS: N/A
    CIV: N/A
    List of Items Controlled
    Unit: 0A918.a, .b, and .c in $ value; 0A18.d, .e, and .f in 
number
    Related Controls: N/A
    
[[Page 12938]]

    Related Definitions: N/A
    Items:

    a. Power controlled searchlights and control units therefor, 
designed for military use, and equipment mounting such units; and 
specially designed parts and accessories therefor;
    b. Construction equipment built to military specifications, 
specially designed for airborne transport; and specially designed 
parts and accessories therefor;
    c. Specially designed components and parts for ammunition, 
except cartridge cases, powder bags, bullets, jackets, cores, 
shells, projectiles, boosters, fuses and components, primers, and 
other detonating devices and ammunition belting and linking machines 
(all of which are subject to the export licensing authority of the 
U.S. Department of State, Office of Defense Trade Controls. (See 22 
CFR parts 120 through 130.)
    d. Bayonets;
    e. Muzzle-loading (black powder) firearms;

    Note: Antique small arms dating prior to 1890 and their 
reproductions are not controlled by this ECCN 0A918.

    f. Military helmets, except:
    f.1. Conventional steel helmets other than those described by 
0A918f.2 below.
    f.2. Helmets, made of any material, equipped with communications 
hardware, optional sights, slewing devices or mechanisms to protect 
against thermal flash or lasers.

    Note: Helmets described in 0A918.f.1 are controlled by 0A988. 
Helmets described in 0A918.f.2 are controlled by the U.S. Department 
of State, Office of Defense Trade Controls (See 22 CFR part 121, 
Category X).

0A980  Horses by sea.

License Requirements

    Reason for Control: SS

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
SS applies to entire entry. For                                         
 licensing requirements (and possible                                   
 License Exceptions), proceed directly                                  
 to part 754 of the EAR. The Commerce                                   
 Country Chart is not designed to                                       
 determine licensing requirements for                                   
 items controlled for SS reasons.                                       
------------------------------------------------------------------------

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items:  The list of items controlled is contained in the ECCN 
heading.


0A982  Saps; thumbcuffs, leg irons, shackles, and handcuffs; straight 
jackets, plastic handcuffs, police helmets and shields; and parts and 
accessories, n.e.s.

License Requirements

    Reason for Control: CC

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
CC applies to entire entry.............  CC Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


0A983  Specially designed implements of torture and thumbscrews; and 
parts and accessories, n.e.s.

License Requirements

    Reason for Control: CC

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
CC applies to entire entry. A license                                   
 is required for ALL destinations,                                      
 regardless of end-use. Accordingly, a                                  
 column specific to this control does                                   
 not appear on the Commerce Country                                     
 Chart. (See part 742 of the EAR for                                    
 additional information.).                                              
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    The list of items controlled is contained in the ECCN heading.


0A984  Shotguns, barrel length 18 inches (45.72 cm) inches or over; 
buckshot shotgun shells; except equipment used exclusively to treat or 
tranquilize animals, and except arms designed solely for signal, flare, 
or saluting use; and parts, n.e.s.

License Requirements

    Reason for Control: CC, UN

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
CC applies to shotguns with a barrel     CC Column 1.                   
 length over 18 in. (45.72 cm) but less                                 
 than 24 in. (60.96 cm) or buckshot                                     
 shotgun shells controlled by this                                      
 entry, regardless of end-user.                                         
CC applies to shotguns with a barrel     CC Column 2.                   
 length over 24 in. (60.96 cm),                                         
 regardless of end-user.                                                
CC applies to shotguns with a barrel     CC Column 3.                   
 length over 24 in. (60.96 cm) if for                                   
 sale or resale to police or law                                        
 enforcement.                                                           
UN applies to entire entry.............  Rwanda.                        
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: This entry does not control shotguns with a 
barrel length of less than 18 inches (45.72 cm). See 22 CFR part 
121, Category I. These items are subject to the export licensing 
authority of the Department of State, Office of Defense Trade 
Controls.
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


0A985  Optical sighting devices for shotguns controlled by 0A984; 
discharge type arms (for example, stun guns, shock batons, electric 
cattle prods, immobilization guns and projectiles, etc.) except 
equipment used exclusively to treat or tranquilize animals, and except 
arms designed solely for signal, flare, or saluting use; and parts, 
n.e.s.

License Requirements

    Reason for Control: CC, UN

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
CC applies to entire entry.............  CC Column 1.                   
UN applies to entire entry.............  Rwanda.                        
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled:

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


0A986  Shotgun shells, except buckshot shotgun shells, and parts.

License Requirements

    Reason for Control: UN
    UN applies to entire entry. A license is required for items 
controlled by this entry to Cuba, Libya, North Korea and Rwanda. The 
Commerce Country Chart is not designed to determine licensing 
requirements for this entry. See part 746 of the EAR for additional 
information.

    Note: Exports from the U.S. and transhipments to Iran must be 
licensed by the Department of Treasury, Office of Foreign Assets 
Control. (See Sec. 746.7 of the EAR for additional information on 
this requirement.)

[[Page 12939]]


License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


0A988  Conventional military steel helmets as described by 0A018.f.1; 
and machetes.

License Requirements

    Reason for Control: UN

    UN applies to entire entry. A license is required for items 
controlled by this entry to Cuba, Libya, North Korea and Rwanda. The 
Commerce Country Chart is not designed to determine licensing 
requirements for this entry. See part 746 of the EAR for additional 
information.

    Note: Exports from the U.S. and transhipments to Iran must be 
licensed by the Department of Treasury, Office of Foreign Assets 
Control. (See to Sec. 746.7 of the EAR for additional information on 
this requirement.)

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.

B. Test, Inspection and Production Equipment


0B001  Valves, specially designed or prepared for gaseous diffusion 
separation process, that are wholly made of or lined with aluminum, 
aluminum alloys, nickel, or alloy containing 60 percent by weight or 
more nickel, 40 mm (1.6 in.) or more in diameter, with bellows seals, 
and specially designed parts and components therefor.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: 1.) This CCL entry controls only a subset of 
the items contained on the corresponding EU List number (e.g., 
0B001.b). The items not included in this CCL entry are subject to 
the export licensing authority of the Nuclear Regulatory Commission 
(see 10 CFR part 110.) 2.) Specially designed or prepared valves for 
gaseous diffusion separation process are also subject to the export 
licensing authority of the Nuclear Regulatory Commission. (See 10 
CFR part 110.)
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


0B003  Plants for the production of uranium hexaflouride (UF<INF>6) and 
specially designed or prepared equipment (including UF<INF>6 
purification equipment), and specially designed parts and accessories 
therefor.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: This entry does not control nuclear plants 
(i.e., fuel fabrication facilities, enrichment facilities, 
reprocessing facilities, and heavy water production facilities). 
Nuclear plants are subject to the export licensing authority of the 
Nuclear Regulatory Commission. (See 10 CFR part 110.)
    Related Definitions: N/A
    Items:

    a. Plants for the production of UF<INF>6;
    b. Equipment and components, as follows, specially designed or 
prepared for UF<INF>6 production:
    b.1. Fluorination and hydrofluorination screw and fluid bed 
reactors and flame towers;
    b.2. Distillation equipment for the purification of UF<INF>6.


0B008  Reactor and power plant simulators and analytical models for 
reactor and power plant simulators, models or mock-ups.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: Nuclear equipment is also subject to the 
export licensing authority of the Nuclear Regulatory Commission. 
(See 10 CFR part 110.)
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.

C. Materials


0C006  Nickel powder and porous nickel metal.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilogram
    Related Controls: Nickel powders which are specially prepared 
for the manufacture of gaseous diffusion barriers are subject to the 
export licensing authority of the Nuclear Regulatory Commission. 
(See 10 CFR part 110.)
    Related Definitions: N/A
    Items:

    a. Powder with a nickel purity content of 99.0% or greater and a 
mean particle size of less than 10 micrometers measured by the 
American Society for Testing and Materials (ASTM) B 330 standard, 
except filamentary nickel powders;
    b. Porous nickel metal produced from materials controlled by 
0C006.a except single porous nickel metal sheets not exceeding 1000 
cm<SUP>2 per sheet.

    Note: 0C006.b controls porous metal formed by compacting and 
sintering the material controlled by 0C006.a to form a metal 
material with fine pores interconnected throughout the structure.

D. Software


0D001  ``Software'' specially designed or modified for the 
``development'', ``production'' or ``use'' of items controlled by 
0B001, 0B003, 0B008 or 0C006.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    CIV: N/A
    TSR: N/A

List of Items Controlled

    Unit: N/A
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.

[[Page 12940]]


E. Technology


0E001  ``Technology'' according to the General Technology Note for the 
``development'', ``production'' or ``use'' of items controlled by 
0B001, 0B003, 0B008 or 0C006.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    CIV: N/A
    TSR: N/A

List of Items Controlled

    Unit: N/A
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


0E018  ``Technology'' for the ``development'', ``production'', or 
``use'' of items controlled by 0A018.b through 0A018.e.

License Requirements

    Reason for Control: NS, AT, UN

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
UN applies to entire entry.............  Rwanda.                        
------------------------------------------------------------------------

License Exceptions

    CIV: N/A
    TSR: Yes

List of Items Controlled

    Unit: N/A
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


0E984  ``Technology'' for the ``development'' or ``production'' of 
shotguns controlled by 0A984 and buckshot shotgun shells.

License Requirements

    Reason for Control: CC, UN

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
CC applies to ``technology'' for         CC Column 1.                   
 shotguns with a barrel length over 18                                  
 in. (45.72 cm) but less than 24 in.                                    
 (60.96 cm) and shotgun shells,                                         
 regardless of end-user.                                                
CC applies to ``technology'' for         CC Column 2.                   
 shotguns with a barrel length over 24                                  
 in. (60.96 cm), regardless of end-user.                                
CC applies to ``technology'' for         CC Column 3.                   
 shotguns with a barrel length over 24                                  
 in. (60.96 cm) if for sale or resale                                   
 to police or law enforcement.                                          
UN applies to entire entry.............  Rwanda.                        
------------------------------------------------------------------------

License Exceptions

    CIV: N/A
    TSR: N/A

List of Items Controlled

    Unit: N/A
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


EAR99  Items subject to the EAR that are not elsewhere specified in 
this CCL Category or in any other category in the CCL are designated by 
the number EAR99.

Category 1--Materials, Chemicals, ``Microorganisms,'' and Toxins

A. Equipment, Assemblies and Components


1A001  Components made from fluorinated compounds.

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $5000
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. Seals, gaskets, sealants or fuel bladders specially designed 
for aircraft or aerospace use made from more than 50% of any of the 
materials controlled by 1C009.b or .c;
    b. Piezoelectric polymers and copolymers made from vinylidene 
fluoride:
    b.1. In sheet or film form; and
    b.2. With a thickness exceeding 200 micrometer;
    c. Seals, gaskets, valve seats, bladders or diaphragms made from 
fluoroelastomers containing at least one vinylether monomer, 
specially designed for aircraft, aerospace or missile use.


1A002  ``Composite'' structures or laminates.

License Requirements

    Reason for Control: NS, MT, NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
MT applies to ``composite'' structures   MT Column 1.                   
 that are specially designed for                                        
 missile applications (including                                        
 specially designed subsystems and                                      
 components).                                                           
NP applies to 1A002.b..................  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $1500
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definition: This entry does not control ``composite'' 
structures or laminates made from epoxy resin impregnated carbon 
``fibrous or filamentary materials'' for the repair of aircraft 
structures of laminates, provided that the size does not exceed one 
square meter (1 m<SUP>2).
    Items:

    a. Having an organic ``matrix'' and made from materials 
controlled by 1C010.c, .d or .e; or
    b. Having a metal or carbon ``matrix'' and made from:
    b.1. Carbon ``fibrous and filamentary materials'' with:
    b.1.a. A ``specific modulus'' exceeding 10.15 x 10<SUP>6 m; and
    b.1.b. A ``specific tensile strength'' exceeding 17.7 x 10<SUP>4 
m; or
    b.2. Materials controlled by 1C010.c.

Technical Notes

    1. Specific modulus: Young's modulus in pascals, equivalent to 
N/m<SUP>2 divided by specific weight in N/m<SUP>3, measured at a 
temperature of (296 <plus-minus> 2) K ((23 <plus-minus> 2) deg. C) 
and a relative humidity of (50 <plus-minus> 5)%.
    2. Specific tensile strength: ultimate tensile strength in 
pascals, equivalent to N/m<SUP>2 divided by specific weight in N/
m<SUP>3, measured at a temperature of (296 <plus-minus> 2) K ((23 
<plus-minus> 2) deg. C) and a relative humidity of (50 # 5)%.


1A003  Manufactures of non-fluorinated polymeric substances controlled 
by 1C008.a, in film, sheet, tape or ribbon form.

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $200
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    
[[Page 12941]]

    Items:

    a. With a thickness exceeding 0.254 mm; or
    b. Coated or laminated with carbon, graphite, metals or magnetic 
substances.


1A102  Resaturated pyrolized carbon-carbon materials designed for 
systems controlled by 9A004.

License Requirements

    Reason for Control: MT, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
MT applies to entire entry.............  MT Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $1500
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: 1.) See 9A110 for controls on ``composite'' 
structures or laminates usable in missile systems. 2.) The 
corresponding EU number contains a reference to 9A104. Items 
controlled by the EU under 9A104 are subject to the export licensing 
authority of the U.S. Department of State, Office of Defense Trade 
Controls (see 22 CFR part 121).
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1A202  ``Composite'' structures, other than those controlled by 1A002, 
in the form of tubes with an inside diameter of between 75 mm and 400 
mm made with ``fibrous or filamentary materials'' controlled by 1C010.a 
or .b or 1C210.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1A225  Platinized catalysts specially designed or prepared for 
promoting the hydrogen isotope exchange reaction between hydrogen and 
water for the recovery of tritium from heavy water or for the 
production of heavy water.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1A226  Specialized packings for use in separating heavy water from 
ordinary water and made of phosphor bronze mesh (chemically treated to 
improve wettability) and designed for use in vacuum distillation 
towers.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1A227  High density (lead glass or other) radiation shielding windows 
greater than 0.09 m<SUP>2 on cold area and with a density greater than 
3 g/cm<SUP>3 and a thickness of 100 mm or greater; and specially 
designed frames therefor.

License Requirements

    Reason for Control: NP, AT

                                                                        
------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: Nuclear equipment is also subject to the 
export licensing authority of the Nuclear Regulatory Commission. 
(See 10 CFR part 110.)
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1A290  Depleted uranium (any uranium containing less than 0.711% of the 
isotope U-235) in shipments of more than 1,000 kilograms in the form of 
shielding contained in X-ray units, radiographic exposure or 
teletherapy devices, radioactive thermoelectric generators, or 
packaging for the transportation of radioactive materials.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: 1.) This entry does not control depleted 
uranium in fabricated forms for use in munitions. See 22 CFR part 
121 for depleted uranium subject to the export licensing authority 
of the U.S. Department of State, Office of Defense Trade Controls. 
2.) All forms of depleted uranium not specifically described in this 
entry, or in the above note, are subject to the export licensing 
authority of the Nuclear Regulatory Commission. (See 10 CFR part 
110.)
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1A984  Chemical agents, including tear gas formulation containing 1 
percent or less of orthochlorobenzalmalononitrile (CS), or 1 percent or 
less of chloroacetophenone (CN), except in individual containers with a 
net weight of 20 grams or less; smoke bombs; non-irritant smoke flares, 
canisters, grenades and charges; other pyrotechnic articles having dual 
military and commercial use; and fingerprinting powders, dyes and inks.

License Requirements

    Reason for Control: CC

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
CC applies to entire entry.............  CC Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.

[[Page 12942]]



1A988   Bulletproof and bullet resistant vests.

License Requirements

    Reason for Control: UN

------------------------------------------------------------------------
               Control(s)                         Country chart         
------------------------------------------------------------------------
UN applies to entire entry. A license                                   
 is required for items controlled by                                    
 this entry to Cuba, Libya, North Korea                                 
 and Rwanda. The Commerce Country Chart                                 
 is not designed to determine licensing                                 
 requirements for this entry. See part                                  
 746 of the EAR for additional                                          
 information.                                                           
------------------------------------------------------------------------

    Note: Exports from the U.S. and transhipments to Iran must be 
licensed by the Department of the Treasury, Office of Foreign Assets 
Control. (See Sec. 746.7 of the EAR for additional information on 
this requirement.)

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Number
    Related Controls: Bulletproof and bullet resistant vests (body 
armor) are also subject to the export licensing authority of the 
U.S. Department of State, Office of Defense Trade Controls. (See 22 
CFR 121.1, Category X.)
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.

B. Test, Inspection and Production Equipment


1B001   Equipment for the ``production'' of fibers, prepregs, preforms 
or ``composites'' controlled by 1A002 or 1C010, and specially designed 
components and accessories therefor.

License Requirements

    Reason for Control: NS, MT, NP, AT

------------------------------------------------------------------------
               Control(s)                         Country chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
MT applies to entire entry EXCEPT        MT Column 1.                   
 1B001.d.4 and .f.                                                      
NP applies to filament winding machines  NP Column 1.                   
 described in 1B001.a that are capable                                  
 of winding cylindrical rotors having a                                 
 diameter between 75 mm (3 in) and 400                                  
 mm (16 in) and lengths of 600 mm (24                                   
 in) or greater; AND coordinating and                                   
 programming controls and precision                                     
 mandrels for these filament winding                                    
 machines.                                                              
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A for 1B001.a; $5000 for all other items
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. Filament winding machines of which the motions for 
positioning, wrapping and winding fibers are coordinated and 
programmed in three or more axes, specially designed for the 
manufacture of ``composite'' structures or laminates from ``fibrous 
and filamentary materials'';
    b. Tape-laying or tow-placement machines of which the motions 
for positioning and laying tape, tows or sheets can be coordinated 
and programmed in two or more axes, specially designed for the 
manufacture of ``composite'' airframe or ``missile'' structures;
    c. Multi-directional, multidimensional weaving machines or 
interlacing machines, including adapters and modification kits, for 
weaving, interlacing or braiding fibers to manufacture ``composite'' 
structures, except textile machinery not modified for the above end-
uses;
    d. Equipment specially designed or adapted for the 
``production'' of ``fibrous or filamentary materials''; as follows:
    d.1. Equipment for converting polymeric fibers (such as 
polyacrylonitrile, rayon, pitch or polycarbosilane) into carbon 
fibers or silicon carbide fibers, including special equipment to 
strain the fiber during heating;
    d.2. Equipment for the chemical vapor deposition of elements or 
compounds on heated filamentary substrates to manufacture silicon 
carbide fibers;
    d.3. Equipment for the wet-spinning of refractory ceramics (such 
as aluminum oxide);
    d.4. Equipment for converting aluminum containing precursor 
fibers into alumina fibers by heat treatment;
    e. Equipment for producing prepregs controlled by 1C010.e by the 
hot melt method;
    f. Non-destructive inspection equipment capable of inspecting 
defects three dimensionally, using ultrasonic or X-ray tomography 
and specially designed for ``composite'' materials;


1B002   Systems and components therefor specially designed for 
producing metal alloys, metal alloy powder or alloyed materials 
controlled by 1C002.a.2, 1C002.b, or 1C002.c.

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $5000
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1B003   Tools, dies, molds or fixtures, for ``superplastic forming'' or 
``diffusion bonding'' titanium or aluminum or their alloys, specially 
designed for the manufacture of equipment described in this entry.

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $5000
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Equipment in number; components in $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. Airframe or aerospace structures;
    b. Aircraft or aerospace engines; or
    c. Specially designed components for those structures or 
engines.


1B018   Equipment on the International Munitions List.

License Requirements

    Reason for Control: NS, MT, RS, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 1.                   
MT applies to equipment for the          MT Column 1.                   
 ``production'' of rocket propellants.                                  
RS applies to 1B018.a..................  RS Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $3000 for 1B018.a for countries WITHOUT an ``X'' in RS 
Column 2 on the Country Chart contained in Supplement No. 1 to part 
738 of the EAR; $5000 for 1B018.b
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Equipment in number; parts and accessories in $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. Equipment for the ``production'' of military explosives and 
solid propellants.
    a.1. Complete installations;
    a.2. Specialized components (for example, dehydration presses; 
extrusion presses for the extrusion of small arms, cannon and rocket

[[Page 12943]]
propellants; cutting machines for the sizing of extruded 
propellants; sweetie barrels (tumblers) 6 feet and over in diameter 
and having over 500 pounds product capacity; and continuous mixers 
for solid propellants); or
    a.3. Nitrators, continuous types; and
    a.4. Specially designed parts and accessories therefor.
    b. Environmental chambers capable of pressures below (10<SUP>-4) 
Torr, and specially designed components therefor.


1B101   Equipment, other than that controlled by 1B001, for the 
production of structural composites and specially designed components 
and accessories thereof.

License Requirements

    Reason for Control: MT, NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
MT applies to entire entry.............  MT Column 1.                   
NP applies to 1B101.a only.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: Components and accessories controlled by 
this entry include moulds, mandrels, dies, fixtures and tooling for 
the preform processing, curing, casting, sintering or bonding of 
composite structures, laminates and manufactures thereof.
    Items:

    a. Filament winding machines, of which the motions for 
positioning, wrapping and winding fibers can be coordinated and 
programmed in three or more axes, designed for the manufacture of 
``composite'' structures or laminates from ``fibrous or filamentary 
materials''.
    b. Tape-laying machines, of which the motions for positioning 
and laying tape or sheets can be coordinated and programmed in two 
or more axes, designed for the manufacture of ``composite'' airframe 
or ``missile'' structures.
    c. Equipment designed or modified for the ``production'' of 
``fibrous or filamentary materials'', as follows:
    c.1. Equipment for converting polymeric fibers (such as 
polyacrylonitrile, rayon, or polycarbosilane) including special 
equipment to strain the fiber during heating;
    c.2. Equipment for the chemical vapor deposition of elements or 
compounds on heated filament substrates; and
    c.3. Equipment for the wet-spinning of refractory ceramics (such 
as aluminum oxide).
    d. Equipment designed or modified for special fiber surface 
treatment or for producing prepregs and preforms, not controlled by 
9A110.

    Note: Equipment covered by 1B101.d includes but is not limited 
to rollers, tension stretchers, coating equipment, cutting 
equipment, and clicker dies.


1B115  Equipment for the ``production'', handling and acceptance 
testing of propellants or propellant constituents specified in 1C115.

License Requirements

    Reason for Control: MT, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
MT applies to entire entry.............  MT Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Equipment in number; components in $ value
    Related Controls: 1.) For other equipment for ``production'', 
handling, mixing, curing, casting, pressing, machining, extruding or 
acceptance testing of solid propellants or propellant constituents, 
including but not limited to: equipment for the ``production'' of 
atomized or spherical metallic powder in a controlled environment; 
and fluid energy mills for grinding or milling ammonium perchlorate, 
RDX, or HMX; 2.) Equipment for ``production'', handling, or 
acceptance testing of liquid propellants or propellant constituents; 
and 3.) Specially designed components for the items described in 
1B115.a is subject to the export licensing authority of the 
Department of State, Office of Defense Trade Controls. (See 22 CFR 
part 121.)
    Related Definitions: N/A
    Items:

    a. Batch mixers and continuous mixers, as follows, capable of 
mixing solid propellants or propellant constituents under vacuum in 
the range from 0 kPa to 13.326 kPa, and with temperature control 
capability of the mixing chamber:
    a.1. Batch mixers having:
    a.1.a. A total volumetric capacity of 110 liters (30 gallons) or 
more; and
    a.1.b. At least one mixing/kneading shaft mounted off center;
    a.2. Continuous mixers having:
    a.2.a. Two or more mixing/kneading shafts; and
    a.2.b. Capability to open the mixing chamber.


1B116  Specially designed nozzles for producing pyrolitically derived 
materials formed on a mold, mandrel or other substrate from precursor 
gases that decompose in the 1573 K (1300 deg. C) to 3,173 K (2900 deg. 
C) temperature range at pressures of 130 Pa to 20 kPa.

License Requirements

    Reason for Control: MT, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
MT applies to entire entry.............  MT Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $1500
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Equipment in number
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1B201  Filament winding machines, other than those specified in 1B001 
or 1B101, in which the motions for positioning, wrapping, and winding 
fibers are coordinated and programmed in two or more axes, specially 
designed to fabricate ``composite'' structures or laminates from 
``fibrous and filamentary materials'' and capable of winding 
cylindrical rotors of diameters between 75 mm (3 in.) and 400 mm (16 
in.) and lengths of 600 mm (24 in.) or greater; coordinating and 
programming controls therefor; and precision mandrels therefor.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1B225  Electrolytic cells for fluorine production with a production 
capacity greater than 250 g of fluorine per hour.

License Requirements

    Reason for Control: NS, NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 1.                   
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.

[[Page 12944]]



1B226  Electromagnetic isotope separators designed for, or equipped 
with, single or multiple ion sources capable of providing a total ion 
beam current of 50 mA or greater.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: Isotope separators specially designed or 
prepared for separating uranium isotopes are subject to the export 
licensing authority of the Nuclear Regulatory Commission. (See 10 
CFR part 110.)
    Related Definitions: This entry controls; (a) separators capable 
of enriching stable isotopes; and, (b) seperators with the ion 
sources and collectors both in the magnetic field and those 
configurations in which they are external to the field.
    Items: The list of items controlled is contained in the ECCN 
heading.


1B227  Ammonia synthesis converters or ammonia synthesis units in which 
the synthesis gas (nitrogen and hydrogen) is withdrawn from an ammonia/
hydrogen high-pressure exchange column and the synthesized ammonia is 
returned to that column.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definition: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1B228  Hydrogen-cryogenic distillation columns having all of the 
following characteristics.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: Heavy water production equipment is also 
subject to the export licensing authority of the Nuclear Regulatory 
Commission. (See 10 CFR part 110.)
    Related Definitions: N/A
    Items:

    a. Designed to operate at internal temperatures of 35 K 
(-238 deg. C) or less;
    b. Designed to operate at internal pressure of 0.5 to 5 Mpa (5 
to 50 atmospheres);
    c. Constructed of fine-grain stainless steels of the 300 series 
with low sulfur content or equivalent cryogenic and H<INF>2-
compatible materials; and
    Note: Fine-grain stainless steels in this ECCN are defined to be 
fine-grain austenitic stainless steels with an ASTM (or equivalent 
standard) grain size number of 5 or greater.
    d. With internal diameters of 1 m or greater and effective 
lengths of 5 m or greater.


1B229  Water-hydrogen sulfide exchange tray columns constructed from 
fine carbon steel with a diameter of 1.8 m (6 ft) or greater that can 
operate at a nominal pressure of 2 MPa (300 psi) or greater, and 
internal contactors therefor.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: (1.) This entry does not control columns 
specially designed or prepared for the production of heavy water 
controlled on the NSG Trigger List (INFCIRC/254/part 2). See 10 CFR 
part 110 for heavy water production equipment subject to the export 
licensing authority of the Nuclear Regulatory Commission.
    Related Definition: (1.) 1B229 includes internal contactors of 
the columns are segmented trays with an effective assembled diameter 
of 1.8 m (6 ft.) or greater, are designed to facilitate 
countercurrent contacting and constructed of materials resistant to 
corrosion by hydrogen sulfide/water mixtures. These may be sieve 
trays, valve trays, bubble cap trays or turbogrid trays. (2.) Fine 
carbon steel in this entry is defined to be steel with the 
austenitic ASTM (or equivalent standard) grain size number of 5 or 
greater. (3.) Materials resistant to corrosion by hydrogen sulfide/
water mixtures in this entry are defined to be stainless steels with 
a carbon content of 0.03% or less.
    Items: The list of items controlled is contained in the ECCN 
heading.


1B230  Pumps circulating solutions of diluted or concentrated potassium 
amide catalyst in liquid ammonia (KNH<INF>2/NH<INF>3) having all of the 
following characteristics.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: Heavy water production equipment is also 
subject to the export licensing authority of the Nuclear Regulatory 
Commission. (See 10 CFR part 110.)
    Related Definitions: N/A
    Items:

    a. Airtight (i.e., hermetically sealed);
    b. For concentrated potassium amide solutions (1% or greater), 
operating pressure of 1.5 to 60 MPa (15 to 600 atmospheres [atm]); 
or for dilute potassium amide solution (less than 1%), operating 
pressure of 20 to 60 MPa (200 to 600 atm); and
    c. A capacity greater than 8.5 m<SUP>3/h (5 cubic feet per 
minute).


1B231  Tritium facilities, plants and equipment.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: This entry does not control tritium, tritium 
compounds, and mixtures containing tritium, or products or devices 
thereof. See 10 CFR part 110 for tritium subject to the export 
licensing authority of the Nuclear Regulatory Commission.
    Related Definitions: N/A
    Items:

    a. Facilities or plants for the production, recovery, 
extraction, concentration, or handling of tritium;
    b. Equipment for tritium facilities or plants, as follows:
    b.1. Hydrogen or helium refrigeration units capable of cooling 
to 23 K (-250 deg.C) or less,

[[Page 12945]]
with heat removal capacity greater than 150 watts; or
    b.2. Hydrogen isotope storage and purification systems using 
metal hydrides as the storage, or purification medium.


1B232  Turboexpanders or turboexpander-compressor sets designed for 
operation below 35K and a throughput of hydrogen gas of 1000 kg/hr or 
greater.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.

C. Materials


1C001  Materials specially designed for use as absorbers of 
electromagnetic waves, or intrinsically conductive polymers.

License Requirements

    Reason for Control: NS, MT, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 1.                   
MT applies to entire entry.............  MT Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $5000
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. Materials for absorbing frequencies exceeding 2 x 10<SUP>8 Hz 
but less than 3 x 10<SUP>12 Hz, except materials as follows:
    a.1. Hair type absorbers, constructed of natural or synthetic 
fibers, with non-magnetic loading to provide absorption;
    a.2. Absorbers having no magnetic loss and whose incident 
surface is non-planar in shape, including pyramids, cones, wedges 
and convoluted surfaces;
    a.3. Planar absorbers:
    a.3.a. Made from:
    a.3.a.1. Plastic foam materials (flexible or non-flexible) with 
carbon-loading, or organic materials, including binders, providing 
more than 5% echo compared with metal over a bandwidth exceeding 
<plus-minus>15% of the center frequency of the incident energy, and 
not capable of withstanding temperatures exceeding 450 K (177 deg. 
C); or
    a.3.a.2. Ceramic materials providing more than 20% echo compared 
with metal over a bandwidth exceeding <plus-minus> 15% of the center 
frequency of the incident energy, and not capable of withstanding 
temperatures exceeding 800 K (527 deg. C);

    Technical Note: Absorption test samples for 1C001.a.3.a should 
be a square at least 5 wavelengths of center frequency on a side and 
positioned in the far field of the radiating element.

    a.3.b. Tensile strength less than 7 x 10<SUP>6N/m<SUP>2; and
    a.3.c. Compressive strength less than 14 x 10<SUP>6N/m<SUP>2;
    a.4. Planar absorbers made of sintered ferrite, with:
    a.4.a. A specific gravity exceeding 4.4; and
    a.4.b. A maximum operating temperature of 548 K (275  deg.C);

    Note: Nothing in 1C001.a releases magnetic materials to provide 
absorption when contained in paint.

    b. Materials for absorbing frequencies exceeding 1.5 x 10<SUP>14 
Hz but less than 3.7 x 10<SUP>14 Hz and not transparent to visible 
light;
    c. Intrinsically conductive polymeric materials with a bulk 
electrical conductivity exceeding 10,000 S/m (Siemens per meter) or 
a sheet (surface) resistivity of less than 100 ohms/square, based on 
any of the following polymers:
    c.1. Polyaniline;
    c.2. Polypyrrole;
    c.3. Polythiophene;
    c.4. Poly phenylene-vinylene;
    c.5. Poly thienylene-vinylene;

    Technical Note: Bulk electrical conductivity and sheet (surface) 
resistivity should be determined using ASTM D-257 or equivalents.


1C002  Metal alloys, metal alloy powder or alloyed materials.

License Requirements

    Reason for Control: NS, NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
NP applies to 1C002.a.2.c or a.2.d if    NP Column 1.                   
 they exceed the parameters stated in                                   
 1C202.                                                                 
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $3000
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definition: This entry does not control metal alloys, 
metal alloy powder or alloyed materials for coating substrates.
    Items:

    a. Metal alloys, as follows:
    a.1. Nickel or titanium-based alloys in the form of aluminides, 
as follows, in crude or semi-fabricated forms:
    a.1.a. Nickel aluminides containing 10 weight percent or more 
aluminum;
    a.1.b. Titanium aluminides containing 12 weight percent or more 
aluminum;
    a.2. Metal alloys, as follows, made from metal alloy powder or 
particulate material controlled by 1C002.b:
    a.2.a. Nickel alloys with:
    a.2.a.1. A stress-rupture life of 10,000 hours or longer at 923 
K (650  deg.C) and at a stress of 550 MPa; or
    a.2.a.2. A low cycle fatigue life of 10,000 cycles or more at 
823 K (550  deg.C) at a maximum stress of 700 MPa;
    a.2.b. Niobium alloys with:
    a.2.b.1. A stress-rupture life of 10,000 hours or longer at 
1,073 K (800  deg.C) and at a stress of 400 MPa; or
    a.2.b.2. A low cycle fatigue life of 10,000 cycles or more at 
973 K (700  deg.C) at a maximum stress of 700 MPa;
    a.2.c. Titanium alloys with:
    a.2.c.1. A stress-rupture life of 10,000 hours or longer at 723 
K (450  deg.C) and at a stress of 200 MPa; or
    a.2.c.2. A low cycle fatigue life of 10,000 cycles or more at 
723 K (450  deg.C) at a maximum stress of 400 MPa;
    a.2.d. Aluminum alloys with a tensile strength of:
    a.2.d.1. 240 MPa or more at 473 K (200  deg.C); or
    a.2.d.2. 415 MPa or more at 298 K (25  deg.C);
    a.2.e. Magnesium alloys with a tensile strength of 345 MPa or 
more and a corrosion rate of less than 1 mm/year in 3% sodium 
chloride aqueous solution measured in accordance with ASTM standard 
G-31 or equivalents;

    Technical Notes: 1. The metal alloys in 1C002.a are those 
containing a higher percentage by weight of the stated metal than of 
any other element.

    2. Stress-rupture life should be measured in accordance with 
ASTM standard E-139 or equivalents.
    3. Low cycle fatigue life should be measured in accordance with 
ASTM Standard E-606 `Recommended Practice for Constant-Amplitude 
Low-Cycle Fatigue Testing' or equivalents. Testing should be axial 
with an average stress ratio equal to 1 and a stress-concentration 
factor (K<INF>t) equal to 1. The average stress is defined as 
maximum stress minus minimum stress divided by maximum stress.
    b. Metal alloy powder or particulate material for materials 
controlled by 1C002.a, as follows:
    b.1. Made from any of the following composition systems:

    Technical Note: X in the following equals one or more alloying 
elements.

    b.1.a. Nickel alloys (Ni-Al-X, Ni-X-Al) qualified for turbine 
engine parts or components, i.e. with less than 3 non-metallic 
particles (introduced during the manufacturing process) larger than 
100 micrometer in 10<SUP>9 alloy particles;
    b.1.b. Niobium alloys (Nb-Al-X or Nb-X-Al, Nb-Si-X or Nb-X-Si, 
Nb-Ti-X or Nb-X-Ti);
    b.1.c. Titanium alloys (Ti-Al-X or Ti-X-Al);
    b.1.d. Aluminum alloys (Al-Mg-X or Al-X-Mg, Al-Zn-X or Al-X-Zn, 
Al-Fe-X or Al-X-Fe); or

[[Page 12946]]

    b.1.e. Magnesium alloys (Mg-Al-X or Mg-X-Al); and

    Technical Note: X equals one or more alloying elements.

    b.2. Made in a controlled environment by any of the following 
processes:
    b.2.a. ``Vacuum atomization'';
    b.2.b. ``Gas atomization'';
    b.2.c. ``Rotary atomization'';
    b.2.d. ``Splat quenching'';
    b.2.e. ``Melt spinning'' and ``comminution'';
    b.2.f. ``Melt extraction'' and ``comminution''; or
    b.2.g. ``Mechanical alloying'';
    c. Alloyed materials, in the form of uncomminuted flakes, 
ribbons or thin rods produced in a controlled environment by ``splat 
quenching,'' ``melt spinning'' or ``melt extraction'', used in the 
manufacture of metal alloy powder or particulate material controlled 
by 1C002.b;


1C003  Magnetic metals, of all types and of whatever form, having any 
of the following characteristics.

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $3000
    GBS: N/A
    CIV: N/A

List of Items Controlled:

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. Initial relative permeability 120,000 or more and thickness 
0.05 mm or less;

    Technical Note: Measurement of initial permeability must be 
performed on fully annealed materials.

    b. Magnetostrictive alloys with:
    b.1. A saturation magnetostriction of more than 5 x 10<SUP>-4; 
or
    b.2. A magnetomechanical coupling factor (k) of more than 0.8; 
or
    c. Amorphous alloy strips with:
    c.1. A composition having a minimum of 75 weight percent of 
iron, cobalt or nickel; and
    c.2. A saturation magnetic induction (B<INF>s) of 1.6 T or more, 
and:
    c.2.a. A strip thickness of 0.02 mm or less; or
    c.2.b. An electrical resistivity of 2 x 10<SUP>-4 ohmcm or more.


1C004  Uranium titanium alloys or tungsten alloys with a ``matrix'' 
based on iron, nickel or copper.

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $3000
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. A density exceeding 17.5 g/cm<SUP>3;
    b. An elastic limit exceeding 1,250 MPa;
    c. An ultimate tensile strength exceeding 1,270 MPa; and
    d. An elongation exceeding 8%.


1C005  ``Superconductive'' ``composite'' conductors in lengths 
exceeding 100 m or with a mass exceeding 100 g.

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions:

    LVS: $1500
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. Multifilamentary ``superconductive'' ``composite'' conductors 
containing one or more niobium-titanium filaments:
    a.1. Embedded in a ``matrix'' other than a copper or copper 
based mixed ``matrix''; or
    a.2. With a cross-section area less than 
0.28 x 10<SUP>-4mm<SUP>2 (i.e., 6 micrometer in diameter for 
circular filaments);
    b. ``Superconductive'' ``composite'' conductors consisting of 
one or more ``superconductive'' filaments other than niobium-
titanium:
    b.1. With a ``critical temperature'' at zero magnetic induction 
exceeding 9.85 K (-263.31 deg. C) but less than 24 K (-249.16 deg. 
C);
    b.2. With a cross-section of less than 0.28 x 10<SUP>-4mm<SUP>2; 
and
    b.3. Which remain in the ``superconductive'' state at a 
temperature of 4.2 K (-268.96 deg. C) when exposed to a magnetic 
field corresponding to a magnetic induction of 12 T.


1C006  Fluids and lubricating materials.

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $3000
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Barrels (55 U.S. gallons/ 209 liters)
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. Hydraulic fluids containing, as their principal ingredients, 
any of the following compounds or materials:
    a.1. Synthetic hydrocarbon oils or silahydrocarbon oils with:
    a.1.a. A flash point exceeding 477 K (204 deg. C);
    a.1.b. A pour point at 239 K (-34 deg. C) or less;
    a.1.c. A viscosity index of 75 or more; and
    a.1.d. A thermal stability at 616 K (343 deg. C); or

    Note: For the purpose of 1C006.a.1, silahydrocarbon oils contain 
exclusively silicon, hydrogen and carbon.

    a.2. Chlorofluorocarbons with:
    a.2.a. No flash point;
    a.2.b. An autogenous ignition temperature exceeding 977 K 
(704 deg. C);
    a.2.c. A pour point at 219 K (-54 deg. C) or less;
    a.2.d. A viscosity index of 80 or more; and
    a.2.e. A boiling point at 473 K (200 deg. C) or higher;

    Note: For the purpose of 1C006.a.2, chlorofluorocarbons contain 
exclusively carbon, fluorine and chlorine.

    b. Lubricating materials containing, as their principal 
ingredients, any of the following compounds or materials:
    b.1. Phenylene or alkylphenylene ethers or thio-ethers, or their 
mixtures, containing more than two ether or thio-ether functions or 
mixtures thereof; or
    b.2. Fluorinated silicone fluids with a kinematic viscosity of 
less than 5,000 mm<SUP>2/s (5,000 centistokes) measured at 298 K 
(25 deg. C);
    c. Damping or flotation fluids with a purity exceeding 99.8%, 
containing less than 25 particles of 200 micrometer or larger in 
size per 100 ml and made from at least 85% of any of the following 
compounds or materials:
    c.1. Dibromotetrafluoroethane;
    c.2. Polychlorotrifluoroethylene (oily and waxy modifications 
only); or
    c.3. Polybromotrifluoroethylene;

    Technical Note: For the purpose of 1C006:

    a. Flash point is determined using the Cleveland Open Cup Method 
described in ASTM D-92 or equivalents.
    b. Pour point is determined using the method described in ASTM 
D-97 or equivalents.
    c. Viscosity index is determined using the method described in 
ASTM D-2270 or equivalents.
    d. Thermal stability is determined by the following test 
procedure or equivalents: Twenty ml of the fluid under test is 
placed in a 46 ml type 317 stainless steel chamber containing one 
each of 12.5 mm (nominal) diameter balls of M-10 tool steel, 52100 
steel and naval bronze (60% Cu, 39% Zn, 0.75%

[[Page 12947]]
Sn). The chamber is purged with nitrogen, sealed at atmospheric 
pressure and the temperature raised to and maintained at 644 
<plus-minus>6 K (371 <plus-minus>6 deg. C) for six hours. The 
specimen will be considered thermally stable if, on completion of 
the above procedure, all of the following conditions are met:
    1. The loss in weight of each ball is less than 10 mg/mm<SUP>2 
of ball surface;
    2. The change in original viscosity as determined at 311 K 
(38 deg. C) is less than 25%; and
    3. The total acid or base number is less than 0.40.
    e. Autogenous ignition temperature is determined using the 
method described in ASTM E-659 or equivalents.


1C007  Ceramic base materials, non-``composite'' ceramic materials, 
ceramic ``matrix'' ``composite'' materials and precursor materials.

License Requirements

    Reason for Control: NS, MT, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
MT applies to items described in         MT Column 1.                   
 1C007.d (dielectric constant less than                                 
 6 at frequencies from 100Hz to 10,000                                  
 MH<INF>Z) for use in missile radomes.                                       
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $5000, except N/A for 1C007.e
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. Base materials of single or complex borides of titanium 
having total metallic impurities, excluding intentional additions, 
of less than 5,000 ppm, an average particle size equal to or less 
than 5 micrometer and no more than 10% of the particles larger than 
10 micrometer;
    b. Non-``composite'' ceramic materials in crude or semi-
fabricated form, composed of borides of titanium with a density of 
98% or more of the theoretical density, except abrasives;
    c. Ceramic-ceramic ``composite'' materials with a glass or 
oxide-``matrix'' and reinforced with fibers from any of the 
following systems:
    c.1. Si-N;
    c.2. Si-C;
    c.3. Si-Al-O-N; or
    c.4. Si-O-N;
    d. Ceramic-ceramic ``composite'' materials, with or without a 
continuous metallic phase, containing finely dispersed particles or 
phases of any fibrous or whisker-like material, where carbides or 
nitrides of silicon, zirconium or boron form the ``matrix'';
    e. Precursor materials (i.e., special purpose polymeric or 
metallo-organic materials) for producing any phase or phases of the 
materials controlled by 1C007.c, as follows:
    e.1. Polydiorganosilanes (for producing silicon carbide);
    e.2. Polysilazanes (for producing silicon nitride); or
    e.3. Polycarbosilazanes (for producing ceramics with silicon, 
carbon and nitrogen components).


1C008  Non-fluorinated polymeric substances.

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $200
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a.1. Bismaleimides;
    a.2. Aromatic polyamide-imides;
    a.3. Aromatic polyimides;
    a.4. Aromatic polyetherimides having a glass transition 
temperature (T<INF>g) exceeding 503 K (230 deg. C) as measured by 
the wet method.

    Note: 1C008.a does not control non-fusible compression molding 
powders or molded forms.

    b. Thermoplastic liquid crystal copolymers having a heat 
distortion temperature exceeding 523 K (250 deg. C) measured 
according to ASTM D-648, method A, or equivalents, with a load of 
1.82 N/mm<SUP>2 and composed of:
    b.1. Either of the following:
    b.1.a. Phenylene, biphenylene or naphthalene; or
    b.1.b. Methyl, tertiary-butyl or phenyl substituted phenylene, 
biphenylene or naphthalene; and
    b.2. Any of the following acids:
    b.2.a. Terephthalic acid;
    b.2.b. 6-hydroxy-2 naphthoic acid; or
    b.2.c. 4-hydroxybenzoic acid;
    c. Polyarylene ether ketones, as follows:
    c.1. Polyether ether ketone (PEEK);
    c.2. Polyether ketone ketone (PEKK);
    c.3. Polyether ketone (PEK);
    c.4. Polyether ketone ether ketone ketone (PEKEKK);
    d. Polyarylene ketones;
    e. Polyarylene sulphides, where the arylene group is 
biphenylene, triphenylene or combinations thereof;
    f. Polybiphenylenethersulphone.


1C009  Unprocessed fluorinated compounds.

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $5000
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. Copolymers of vinylidene fluoride having 75% or more beta 
crystalline structure without stretching;
    b. Fluorinated polyimides containing 30% or more of combined 
fluorine;
    c. Fluorinated phosphazene elastomers containing 30% or more of 
combined fluorine.


1C010  ``Fibrous and filamentary materials'' that may be used in 
organic ``matrix'', metallic ``matrix'' or carbon ``matrix'' 
``composite'' structures or laminates.

License Requirements

    Reason for Control: NS, NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
NP applies to 1C010.a, .b, .c, and e.1.  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $1500, except for 1C010.a, .b, .c and e.1
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. Organic ``fibrous and filamentary materials'' (except 
polyethylene) with:
    a.1. A ``specific modulus'' exceeding 12.7 x 10\6\m; and
    a.2. A ``specific tensile strength'' exceeding 23.5 x 10\4\m;
    b. Carbon ``fibrous and filamentary materials'' with:
    b.1. A ``specific modulus'' exceeding 12.7 x 10\6\m; and
    b.2. A ``specific tensile strength'' exceeding 23.5 x 10\4\m;

    Technical Note: Properties for materials described in 1C010.b 
should be determined using Suppliers of Advance Composite Materials 
Association (SACMA) recommended methods SRM 12 to 17, or equivalent 
tow tests, such as Japanese Industrial Standard JIS-R-7601, 
Paragraph 6.6.2., and based on lot average.

    Note: 1C010.b does not control fabric made from ``fibrous or 
filamentary materials'' for the repair of aircraft structures or 
laminates,

[[Page 12948]]
in which the size of individual sheets does not exceed 50 cm x 90 
cm.

    c. Inorganic ``fibrous or filamentary materials'' with:
    c.1. A ``specific modulus'' exceeding 2.54 x 106 m; and
    c.2. A melting, decomposition or sublimation point exceeding 
1,922 K (1,649 deg. C) in an inert environment; except

    Note: 1C010.c does not control:

    1. Discontinuous, multiphase, polycrystalline alumina fibers in 
chopped fiber or random mat form, containing 3 weight percent or 
more silica, with a ``specific modulus'' of less than 10 x 10\6\ m;
    2. Molybdenum and molybdenum alloy fibers;
    3. Boron fibers;
    4. Discontinuous ceramic fibers with a melting, decomposition or 
sublimation point lower than 2,043 K (1,770 deg. C) in an inert 
environment.
    d. ``Fibrous or filamentary materials'':
    d.1. Composed of any of the following:
    d.1.a. Polyetherimides controlled by 1C008.a; or
    d.1.b. Materials controlled by 1C008.b, .c, .d, .e, or .f; or
    d.2. Composed of materials controlled by 1C010.d.1.a or .b and 
``commingled'' with other fibers controlled by 1C010.a, b, or c;
    e. Resin- or pitch-impregnated fibers (prepregs), metal or 
carbon-coated fibers (preforms) or ``carbon fiber preforms'', as 
follows:
    e.1. Made from ``fibrous or filamentary materials'' controlled 
by 1C010.a, .b, or .c; or
    e.2. Made from organic or carbon ``fibrous or filamentary 
materials'':
    e.2.a. With a ``specific tensile strength'' exceeding 
17.7 x 10\4\m;
    e.2.b. With a ``specific modulus'' exceeding 10.15 x 10\6\m;
    e.2.c. Not controlled by 1C010.a or .b; and
    e.2.d. When impregnated with materials controlled by 1C008 or 
1C009.b, or with phenolic or epoxy resins, having a glass transition 
temperature (T<INF>g) exceeding 383 K (110 deg. C).

    Note: 1C010.e does not control epoxy resin matrix impregnated 
carbon ``fibrous or filamentary materials'' (prepregs) for the 
repair of aircraft structures or laminates, in which the size of 
individual sheets of prepreg does not exceed 50 cm x 90cm.


1C018  Materials on the International Munitions List.

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $3000
    GBS: Yes for items listed in Advisory Note to 1C018
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. Ethyl and Methyl centralites.
    b. NN-Diphenylurea (unsymmetrical diphenylurea).
    c. Methyl-NN-diphenylurea (methyl unsymmetrical diphenylurea).
    d. Ethyl-NN-diphenylurea (ethyl unsymmetrical diphenylurea).
    e. Ethyl phenyl urethane.
    f. Diphenyl urethane.
    g. Diortho tolyl-urethane.
    h. 2-Nitrodiphenylamine.
    i. p-Nitromethylaniline.
    j. 2,2' Dinitropropanol.
    k. Bis(2,2' dinitropropyl) formal and acetal.
    l. 3-Nitraza-1,5 pentane diisocyanate.
    m. Guanidine nitrate.
    n. Hydrogen peroxide in concentrations of 85%.
    o. Charges specially designed for civilian applications, 
containing military explosives, except those items described in 
1C992.

    Technical Note: Military high explosives are solid, liquid or 
gaseous substances or mixtures of substances that, in their 
application as primary, booster, or main charges in warheads, 
demolition and other military applications, are required to 
detonate.

    Advisory Note: Licenses are likely to be approved for export and 
reexport to satisfactory end-users in Country Group D:1 of certain 
explosive substances and mixtures in reasonable quantities for 
civilian or industrial purposes when made into cartridges or charges 
of an exclusively civilian or industrial nature, such as propellants 
for sporting purposes or shooting gallery practice; cartridges for 
riveting guns; and explosive charges for agricultural purposes, 
public works, mines, quarries or oil-well drilling. The following 
are the substances or mixtures to which this procedure applies:

    a. Nitrate-based (40 percent or more) and provided they do not 
contain more than 40 percent nitroglycol/nitroglycerin or no more 
than 16 percent TNT;
    b. Nitrocellulose with a nitrogen content of over 12.2 percent;
    c. Nitroglycerin;
    d. Single base nitrocellulose;
    e. Sodium azide and other inorganic azides.


1C101  Materials and devices for reduced observables such as radar 
reflectivity, ultraviolet/infrared signatures and acoustic signatures 
other than those controlled by 1C001, usable in ``missiles'' and their 
subsystems.

License Requirements

    Reason for Control: MT, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
MT applies to entire entry.............  MT Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: Materials controlled by this entry include: 
(a) structural materials and coatings specially designed for reduced 
radar reflectivity; (b) coatings, including paints, specially 
designed for reduced or tailored reflectivity or emissivity in the 
microwave, infrared or ultraviolet spectra. This entry does not 
control coatings when specially used for the thermal control of 
satellites.
    Items: The list of items controlled is contained in the ECCN 
heading.


1C107  Graphite and ceramic materials.

License Requirements

    Reason for Control: MT, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
MT applies to entire entry.............  MT Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $5000
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. Fine grain recrystallized bulk graphites (with a bulk density 
of at least 1.72 g/cm\3\ measured at 288 K (15 deg. C) and having a 
particle size of 100 micrometers or less), pyrolytic, or fibrous 
reinforced graphites usable for rocket nozzles and reentry vehicle 
nose tips; and
    b. Ceramic ``composite'' materials (dielectric constant less 
than 6 at frequencies from 100 Hz to 10,000 MHz) for use in radomes, 
and bulk machinable silicon-carbide reinforced unfired ceramic, 
useable for nose tips.


1C115  Propellants and constituent chemicals for propellants.

License Requirements

    Reason for Control: MT, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
MT applies to entire entry.............  MT Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: The following materials, whether or not 
encapsulated in aluminum, beryllium, magnesium, or zirconium are 
subject to the export licensing authority of the U.S.

[[Page 12949]]
Department of State, Office of Defense Trade Controls: (See 22 CFR 
part 121, Category V): (a.) Spherical aluminum powder with particles 
of uniform diameter 60 x 10<SUP>-6 m (60 micrometers) or less and an 
aluminum content of 97 percent or greater; (b.) Metal fuels in 
particle sizes less than 60 x 10<SUP>-6m (60 microns), whether 
spherical, atomized, spheroidal, flaked or ground, manufactured from 
material consisting of 99 percent or more of: Boron; magnesium; 
zirconium; alloys of boron, magnesium or zirconium; beryllium; or 
iron powder with average particle size of 3 x 10<SUP>-6 m (3 
microns) or less produced by hydrogen reduction of iron oxide.
    Related Definitions: N/A
    Items:

    a. Fuel substances:
    a.1. Spherical aluminum powder, as follows:
    a.1.a. Spherical aluminum powder with particles of uniform 
diameter less than 500 x 10<SUP>-6 m (500 micrometers), but greater 
than 60 x 10<SUP>-6 m (60 micrometers), and an aluminum content of 
97 percent by weight or greater;
    a.1.b. Spherical aluminum powder with particles of uniform 
diameter 60 x 10<SUP>-6 m (60 micrometers) or less, and an aluminum 
content of 97 percent by weight or greater, but less than 99 
percent;
    a.2. Metal fuels containing beryllium, boron, magnesium, 
zirconium, or alloys of boron, magnesium, or zirconium, as follows:
    a.2.a. Metal fuels in particle sizes less than 500 x 10<SUP>-6 m 
(500 microns), but equal to or greater than 60 x 10<SUP>-6 m (60 
microns), whether spherical, atomized, spheroidal, flaked or ground, 
consisting of 97 percent by weight or more of beryllium, boron, 
magnesium, zirconium, and alloys of boron, magnesium, or zirconium;
    a.2.b. Metal fuels in particle sizes less than 60 x 10<SUP>-6 m 
(60 microns), whether spherical, atomized, spheroidal, flaked or 
ground, consisting of 97 percent by weight or more, but less than 99 
percent, of beryllium, boron, magnesium, zirconium, and alloys of 
boron, magnesium, or zirconium;
    a.3. Metal fuels in particle sizes less than 500 x 10<SUP>-6 m 
(500 microns), whether spherical, atomized, spheroidal, flaked or 
ground, consisting of 97 percent by weight or more of alloys of 
beryllium.
    a.4. Liquid oxidizer substances:
    a.4.a. Dinitrogen trioxide;
    a.4.b. Nitrogen dioxide/dinitrogen tetroxide;
    a.4.c. Dinitrogen pentoxide;
    b. Polymeric substances:
    b.1. Carboxy-terminated polybutadiene (CTPB);
    b.2. Commercial grade Hydroxy-terminated polybutadiene (HTPB);

    Note: Military grade (i.e., Hydroxy-terminated polybutadiene 
(HTPB) with a hydroxyl functionality greater than or equal to 2.2 
but less than or equal to 2.4, a hydroxyl value of less than 0.77 
meq/g, and a viscosity at 30 deg. C of less than 47 poise) is 
controlled by the Office of Defense Trade Controls, U.S. Department 
of State (see Category V of the USML (22 CFR part 121)).

    b.3. Polybutadiene-acrylic acid (PBAA);
    b.4. Polybutadiene-acrylic acid-acrylonitrile (PBAN).
    c. Other propellant additives and agents:
    c.1. Burning rate modifiers as follows: Butacene;
    c.2. Nitrate esters and nitrated plasticizers as follows:
    c.2.a. Triethylene glycol dinitrate (TEGDN);
    c.2.b. Trimethylolethane trinitrate (TMETN);
    c.2.c. Diethylene glycol dinitrate (DEGDN);
    c.3. Stabilizers, as follows: 2-nitrodiphenylamine.


1C116  Maraging steels (steels generally characterized by high nickel, 
very low carbon content and the use of substitutional elements or 
precipitates to produce age-hardening), other than those controlled by 
1C216, having an Ultimate Tensile Strength of 1500 MPa or greater 
measured at 293 K (20 deg. C), in the form of sheet, plate, or tubing 
with a wall or plate thickness equal to or less than 5.0mm (0.2 inch).

License Requirements

    Reason for Control: MT, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
MT applies to entire entry.............  MT Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1C117  Tungsten, molybdenum, and alloys of these metals in the form of 
uniform spherical or atomized particles of 500 micrometer diameter or 
less with a purity of 97% or higher for fabrication of rocket motor 
components; i.e., heat shields, nozzle substrates, nozzle throats, and 
thrust vector control surfaces.

License Requirements

    Reason for Control: MT, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
MT applies to entire entry.............  MT Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1C202  Aluminum and titanium alloys in the form of tubes or cylindrical 
solid forms (including forgings) with an outside diameter of more than 
75 mm (3 inches).

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls:
    Related Definition: The phrase ``alloys capable of'' encompasses 
before and after heat treatment.
    Items:

    a. Aluminum alloys capable of an ultimate tensile strength of 
460 MPa (.46 x 10<SUP>9 N/m<SUP>2) or more at 293 K (20 deg. C);
    b. Titanium alloys capable of an ultimate tensile strength of 
900 MPa (0.9 x 10<SUP>9 N/m<SUP>2) (130,500 lbs./in\2\) or more at 
293 K (20 deg. C).


1C210  ``Fibrous and filamentary materials'' not controlled by 1C010.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: See 9A110 for fiber prepregs.
    Related Definitions: For the purpose of this entry, the term 
``fibrous or filamentary materials'' means continuous monofilaments, 
yarns, rovings, tows or tapes.
    Defintions for other terms used in this entry:
    Filament or Monofilament is the smallest increment of fiber, 
usually several <greek-m>m in diameter.
    Strand is a bundle of filaments (typically over 200) arranged 
approximately parallel.
    Roving is a bundle (typically 12-120) of approximately parallel 
strands.
    Yarn is a bundle of twisted strands.
    Tow is a bundle of filaments, usually approximately parallel.
    Tape is a material constructed of interlaced or unidirectional 
filaments, strands, rovings, tows or yarns, etc., usually 
preimpregnated with resin.
    Specific modulus is the Young's modulus in N/m\2\ divided by the 
specific weight

[[Page 12950]]
in N/m\3\, measured at a temperature of 23<plus-minus>2 deg. C and a 
relative humidity of 50<plus-minus>5 percent.
    Specific tensile strength is the ultimate tensile strength in N/
m\2\ divided by specific weight in N/m\3\, measured at a temperature 
of 23<plus-minus>2 deg. C and a relative humidity of 50<plus-minus>5 
percent.
    Items:

    a. Carbon and aramid ``fibrous and filamentary materials'' 
having:
    a.1. A ``specific modulus'' of 12.7 x 10\6\ m or greater; or
    a.2. A ``specific tensile strength'' of 23.5 x 10\4\ m or 
greater; or

    Note: 1C210.a does not include aramid ``fibrous or filamentary 
materials'' having 0.25 percent or more by weight of an ester based 
fiber surface modifier.

    b. Glass ``fibrous and filamentary materials'' having:
    b.1. A ``specific modulus'' of 3.18 x 10\6\ m or greater; and
    b.2. A ``specific tensile strength'' of 7.62 x 10\4\ m or 
greater; or
    c. Thermoset resin impregnated continuous yarns, rovings, tows 
or tapes with a width no greater than 15 mm (prepregs), made from 
carbon or glass ``fibrous or filamentary materials'' described in 
1C210.a or .b;

    Note: The resin forms the matrix of the composite.


1C216  Maraging steel capable of an ultimate tensile strength of 2050 
MPa (2.050 x 10<SUP>9 N/m<SUP>2) (300,000 lbs./in\2\) or more at 293 K 
(20 deg. C), except forms in which no linear dimension exceeds 75 mm (3 
inches).

License Requirements

    Reason for Control: NP, MT, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
MT applies to maraging steels            MT Column 1.                   
 controlled by this entry that also                                     
 meet the specifications of 1C116.                                      
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definition: The phrase ``maraging steel capable of'' 
encompasses maraging steel before or after heat treatment.
    Items: The list of items controlled is contained in the ECCN 
heading.


1C225  Boron and boron compounds, mixtures, and loaded materials in 
which the boron-10 isotope is more than 20% by weight of the total 
boron content.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1C226  Parts made of tungsten, tungsten carbide, or tungsten alloys 
(greater than 90% tungsten) having a mass greater than 20 kg and a 
hollow cylindrical symmetry (including cylinder segments) with an 
inside diameter greater than 100 mm (4 in.), but less than 300 mm (12 
in.), except parts specially designed for use as weights or gamma-ray 
collimators.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1C227  Calcium (high purity) containing both less than 1,000 parts per 
million by weight of metallic impurities other than magnesium and less 
than 10 parts per million of boron.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1C228  Magnesium (high purity) containing both less than 200 parts per 
million by weight of metallic impurities other than calcium and less 
than 10 parts per million of boron.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1C229  High purity (99.99% or greater) bismuth with very low silver 
content (less than 10 parts per million).

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1C230  Beryllium.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: This entry does not control: a.) Metal 
windows for X-ray machines, or for bore-hole logging devices; b.) 
Oxide shapes in fabricated or semi-fabricated forms specially 
designed for electronic component parts or as substrates for 
electronic circuits; and, c.) Beryl (silicate of beryllium and

[[Page 12951]]
aluminum) in the form of emeralds or aquamarines.
    Items:

    a. Beryllium metal;
    b. Alloys containing more than 50% beryllium by weight;
    c. Beryllium compounds;
    d. Manufactures of beryllium metal, alloys, or compounds 
described in 1C230.a, .b, or .c; or
    e. Waste and scrap from beryllium metal, alloys, compounds, or 
manufactures thereof described in 1C230.a, .b, .c or .d.


1C231  Hafnium.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. Hafnium metal;
    b. Alloys and compounds of hafnium containing more than 60 
percent hafnium by weight; or
    c. Manufactures of hafnium metal, alloys, or compounds described 
in 1C231.a or .b.


1C232  Helium-3 or helium isotopically enriched in the helium-3 
isotope, mixtures containing helium-3, and products or devices 
containing any of the foregoing, except; a product or device containing 
less than 1g of helium-3.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Liters
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1C233  Lithium.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies entire entry................  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. Lithium enriched in the 6 isotope (<SUP>6Li) to greater than 
7.5 atom percent, alloys, compounds or mixtures containing lithium 
enriched in the 6 isotope, and products or devices containing any of 
the foregoing; except thermoluminescent dosimeters.

    Note: The natural occurrence of the 6 isotope in lithium is 7.5 
atom percent.

    b. Reserved.


1C234  Zirconium, with a hafnium content of less than 1 part hafnium to 
500 parts zirconium by weight.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                          Country Chart        
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: Zirconium metal and alloys in the form of 
tubes or assemblies of tubes, specially designed or prepared for use 
in a reactor are subject to the export licensing authority of the 
Nuclear Regulatory Commission. (See 10 CFR part 110.)

    This entry does not control zirconium in the form of foil or 
strip having a thickness not exceeding 0.10 mm (0.004 in.).

    Items:

    a. Zirconium metal;
    b. Alloys containing more than 50% zirconium by weight;
    c. Compounds;
    d. Manufactures of zirconium metal, alloys, or compounds 
described in 1C234.a, .b, or .c; or
    e. Waste and scrap from zirconium metal, alloys, compounds, or 
manufactures thereof controlled by 1C234.a, .b, .c, or .d;

    Advisory Note: (Not eligible for License Exception GBS) Licenses 
are likely to be approved for export and reexport to satisfactory 
end-users in Country Group D:1 of the following:
    a. Finished parts made of zirconium metal or alloys, specially 
designed for an identified civil research or power reactor facility, 
provided that:
    a.1. None of the parts contains fissile materials; and
    a.2. The importing country has agreed to the application of the 
Safeguards of the International Atomic Energy Agency (IAEA) in 
connection with the nuclear reactor facility;
    b. Contained zirconium metal, or parts made therefrom, in 
individual shipments not exceeding 100 kg, when intended for use in, 
or in support of, an identified civil research or power reactor 
facility, in connection with which it is contemplated that IAEA 
Safeguards would be applied.
    N.B.: The provisions of this Advisory Note notwithstanding, 
current law prohibits approval to nuclear production or utilization 
facilities in the People's Republic of China.


1C236  Alpha-emitting radionuclides having an alpha half-life of 10 
days or greater, but less than 200 years, including compounds and 
mixtures containing these radionuclides with a total alpha activity of 
1 curie per kilogram (37 GBq) or greater; except devices containing 
less than 3.7 GBq (100 millicuries) of alpha activity per device.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Millicuries
    Related Controls: Alpha emitting radionuclides are subject to 
the export licensing authority of the Nuclear Regulatory Commission. 
(See 10 CFR part 110.)
    Related Definition: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1C237  Radium-226, radium-226 compounds, or mixtures containing radium-
226, and products or devices containing any of the foregoing; except 
medical applicators, or a product or device containing not more than 
0.37 GBq (10 millicuries) of radium-226 in any form.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    
[[Page 12952]]

    Related Controls: N/A
    Related Definition: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1C238  Chlorine trifluoride (C1F<INF>3).

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1C350  Chemicals, that may be used as precursors for toxic chemical 
agents.

License Requirements

    Reason for Control: CB, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
CB applies to entire entry.............  CB Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Requirement Notes

    1. SAMPLE SHIPMENTS: Certain sample shipments of chemicals 
controlled under ECCN 1C350 may be made without a license, as 
provided by the following:
    a. Chemicals Not Eligible: The following chemicals are not 
eligible for sample shipments: 0-Ethyl-2-diisopropylaminoethyl 
methylphosphonite (QL) (C.A.S. #57856-11-8), Ethylphosphonyl 
difluoride (C.A.S. #753-98-0), and Methylphosphonyl difluoride 
(C.A.S. #676-99-3).
    b. Countries Not Eligible: The following countries are not 
eligible to receive sample shipments: Cuba, Iran, Libya, North 
Korea, Sudan, Syria.
    c. Sample Shipments: A license is not required for sample 
shipments when the cumulative total of these shipments does not 
exceed a 55-gallon container or 200 kg of each chemical to any one 
consignee per calendar year. Multiple sample shipments, in any 
quantity, not exceeding the totals indicated in this paragraph may 
be exported without a license, in accordance with the provisions of 
this NOTE 1.
    d. The exporter is required to submit a quarterly written report 
for shipments of samples made under this Note 1. The report must be 
on company letterhead stationery (titled ``Report of Sample 
Shipments of Chemical Precursors'' at the top of the first page) and 
identify the chemical(s), Chemical Abstract Service Registry 
(C.A.S.) number(s), quantity(ies), the ultimate consignee's name and 
address, and the date exported. The report must be sent to the U.S. 
Department of Commerce, Bureau of Export Administration, Room 2705, 
Washington, DC 20230, Attn: ``Report of Sample Shipments of Chemical 
Precursors''.
    2. MIXTURES: Mixtures controlled by this entry that contain 
certain concentrations of precursor and intermediate chemicals are 
subject to the following licensing requirements:
    a. A license is required, regardless of the concentrations in 
the mixture, for the following chemicals: 0-Ethyl-2-
diisopropylaminoethyl methylphosphonite (QL) (C.A.S.#57856-11-8), 
Ethylphosphonyl difluoride (C.A.S.#753-98-0) and Methylphosphonyl 
difluoride (C.A.S.#676-99-3);
    b. A license is required when at least one of the following 
chemicals constitutes more than 10 percent of the weight of the 
mixture on a solvent free basis: Arsenic trichloride (C.A.S.#7784-
34-1), Benzilic acid (C.A.S.#76-93-7), Diethyl ethylphosphonate 
(C.A.S.#78-38-6), Diethyl methylphosphonite (C.A.S.#15715-41-0), 
Diethyl-N,N-dimethylphosphoroamidate (C.A.S.#2404-03-7), N,N-
Diisopropyl-beta-aminoethane thiol (C.A.S.#5842-07-9), N,N-
Diisopropyl-2-aminoethyl chloride hydrochloride (C.A.S.#4261-68-1), 
N,N-Diisopropyl-beta-aminoethanol (C.A.S.#96-80-0), N,N-Diisopropyl-
beta-aminoethyl chloride (C.A.S.#96-79-7), Dimethyl ethylphosphonate 
(C.A.S.#6163-75-3), Dimethyl methylphosphonate (C.A.S.#756-79-6), 
Ethylphosphonous dichloride [Ethylphosphinyl dichloride] 
(C.A.S.#1498-40-4), Ethylphosphonus difluoride [Ethylphosphinyl 
difluoride] (C.A.S.#430-78-4), Ethylphosphonyl dichloride 
(C.A.S.#1066-50-8), Methylphosphonous dichloride [Methylphosphinyl 
dicloride] (C.A.S.#676-83-5), Methylphosphonous difluoride 
[Methylphosphinyl difluoride] (C.A.S.#753-59-3), Methylphosphonyl 
dichloride (C.A.S.#676-97-1), Pinacolyl alcohol (C.A.S.#464-07-3), 
3-Quinuclidinol (C.A.S.#1619-34-7), and Thiodiglycol (C.A.S.#111-48-
8); (Related ECCN: 1C995)
    c. A license is required when at least one of all other 
chemicals in the List of Items Controlled constitutes more than 25 
percent of the weight of the mixture on a solvent free basis 
(related ECCN: 1C995); and
    d. A license is not required under this entry for mixtures when 
the controlled chemical is a normal ingredient in consumer goods 
packaged for retail sale for personal use. Such consumer goods are 
controlled by ECCN EAR99.
    e. Calculation of concentrations of AG-controlled chemicals.
    1. Usual Commercial Purposes. In calculating the percentage of 
an AG controlled chemical in a mixture (solution), any other 
chemical must be excluded if it was not added for usual commercial 
purposes, but was added for the sole purpose of circumventing the 
Export Administration Regulations.
    2. ``Solvent Free Basis Requirement.'' When calculating the 
percentage, by weight, of components in a chemical mixture, you must 
exclude from the calculation any component of the mixture that acts 
as a solvent.
    3. Solvent--For purposes of this ECCN ``A substance capable of 
dissolving another substance to form a uniformly dispersed mixture 
(solution)''.
    <bullet> Solvents are liquids at standard temperature and 
pressure (STP).
    <bullet> In no instance is an AG controlled chemical considered 
a ``solvent''.
    <bullet> All ingredients of mixtures are expressed in terms of 
weight.
    <bullet> The solvent component of the mixture converts it into a 
solution.
    3. Compounds: A license is not required under this entry for 
chemical compounds created with any chemicals identified in this 
ECCN 1C350, unless those compounds are also identified in this 
entry.
    4. Special Comprehensive License: See part 752 of the EAR for 
eligibility.

    Technical Notes: 1. For purposes of this entry, a ``mixture'' is 
defined as a solid, liquid or gaseous product made up of two or more 
components that do not react together under normal storage 
conditions.
    2. The scope of this control applicable to Hydrogen Fluoride 
(Item 25 in List of Items Controlled) includes its liquid, gaseous, 
and aqueous phases, and hydrates.
    3. All de minimis exclusions of this entry extend to all 
mixtures including those that contain no solvents.
    4. A Solvent is defined as a substance capable of dissolving 
another substance to form a uniformly dispersed mixture (solution). 
For examples and clarification of the term ``solvent free'' basis, 
see Supplement No. 3 to part 774 of the EAR.

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Liters or kilograms, as appropriate
    Related Controls: N/A
    Related Definition: See part 770.2(k) of the EAR for synonyms 
for the chemicals listed in this entry.
    Items:

    a. Precursor Chemicals, as follows:
    a.1. (C.A.S. #1341-49-7) Ammonium hydrogen fluoride;
    a.2. (C.A.S. #7784-34-1) Arsenic trichloride;
    a.3. (C.A.S. #76-93-7) Benzilic acid;
    a.4. (C.A.S. #107-07-3) 2-Chloroethanol;
    a.5. (C.A.S. #78-38-6) Diethyl ethylphosphonate;
    a.6. (C.A.S. #15715-41-0) Diethyl methylphosphonite;
    a.7. (C.A.S. #2404-03-7) Diethyl-N,N-dimethylphosphoroamidate;
    a.8. (C.A.S. #762-04-9) Diethyl phosphite;
    a.9. (C.A.S. #100-37-8) N,N-Diethylethanolamine;
    a.10. (C.A.S. #5842-07-9) N,N-Diisopropyl-.beta.-
aminoethanethiol;
    a.11. (C.A.S. #4261-68-1) N,N-Diisopropyl-.2.-aminoethyl 
chloride hydrochloride;
    a.12. (C.A.S. #96-80-0) N,N-Diisopropyl-.beta.-aminoethanol;
    a.13. (C.A.S. #96-79-7), N,N-Diisopropyl-.beta.-aminoethyl 
chloride;
    a.14. (C.A.S. #108-18-9) Diisopropylamine;
    a.15. (C.A.S. #6163-75-3) Dimethyl ethylphosphonate;
    
[[Page 12953]]

    a.16. (C.A.S. #756-79-6) Dimethyl methylphosphonate;
    a.17. (C.A.S. #868-85-9) Dimethyl phosphite (dimethyl hyrogen 
phosphite);
    a.18. (C.A.S. #124-40-3) Dimethylamine;
    a.19. (C.A.S. #506-59-2) Dimethylamine hydrochloride;
    a.20. (C.A.S. #57856-11-8) 0-Ethyl-2-diisopropylaminoethyl 
methylphosphonite (QL);
    a.21. (C.A.S. #1498-40-4) Ethylphosphonous dichloride 
[Ethylphosphinyl dichloride];/c
    a.22. (C.A.S. #430-78-4) Ethylphosphonus difluoride 
[Ethylphosphinyl difluoride];
    a.23. (C.A.S. #1066-50-8) Ethylphosphonyl dichloride;
    a.24. (C.A.S. #753-98-0) Ethylphosphonyl difluoride;
    a.25. (C.A.S. #7664-39-3) Hydrogen fluoride;
    a.26. (C.A.S. #3554-74-3) 3-Hydroxyl-1-methylpiperidine;
    a.27. (C.A.S. #76-89-1) Methyl benzilate;
    a.28. (C.A.S. #676-83-5) Methylphosphonous dichloride 
[Methylphosphinyl dicloride];
    a.29. (C.A.S. #753-59-3) Methylphosphonous difluoride 
[Methylphosphinyl difluoride];
    a.30. (C.A.S. #676-97-1) Methylphosphonyl dichloride;
    a.31. (C.A.S. #676-99-3) Methylphosphonyl difluoride;
    a.32. (C.A.S. #10025-87-3) Phosphorus oxychloride;
    a.33. (C.A.S. #10026-13-8) Phosphorus pentachloride;
    a.34. (C.A.S. #1314-80-3) Phosphorus pentasulfide;
    a.35. (C.A.S. #7719-12-2) Phosphorus trichloride;
    a.36. (C.A.S. #75-97-8) Pinacolone;
    a.37. (C.A.S. #464-07-3) Pinacolyl alcohol;
    a.38. (C.A.S. #151-50-8) Potassium cyanide;
    a.39. (C.A.S. #7789-23-3) Potassium fluoride;
    a.40. (C.A.S. #7789-29-9) Potassium hydrogen fluoride;
    a.41. (C.A.S. #1619-34-7) 3-Quinuclidinol;
    a.42. (C.A.S. #3731-38-2) 3-Quinuclidinone;
    a.43. (C.A.S. #1333-83-1) Sodium bifluoride;
    a.44. (C.A.S. #143-33-9) Sodium cyanide;
    a.45. (C.A.S. #7681-49-4) Sodium fluoride;
    a.46. (C.A.S. #1313-82-2) Sodium sulfide;
    a.47. (C.A.S. #10025-67-9) Sulfur monochloride;
    a.48. (C.A.S. #10545-99-0) Sulfur dichloride;
    a.49. (C.A.S. #111-48-8) Thiodiglycol;
    a.50. (C.A.S. #7719-09-7) Thionyl chloride;
    a.51. (C.A.S. #102-71-6) Triethanolamine;
    a.52. (C.A.S. #637-39-8) Triethanolamine hydrochloride;
    a.53. (C.A.S. #122-52-1) Triethyl phosphite; and
    a.54. (C.A.S. #121-45-9) Trimethyl phosphite.
    b. Reserved.


1C351  Human pathogens, zoonoses, and ``toxins''.

License Requirements

    Reason for Control: CB, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
 CB applies to entire entry............  CB Column 1.                   
 AT applies to entire entry............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: All vaccines and ``immunotoxins'' are excluded 
from the scope of this entry. See ECCN 1C996.
    Related Definition: (1) For the purposes of this entry 
``immunotoxin'' is defined as an antibody-toxin 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''.
    Items:

    a. Viruses, as follows:
    a.1. Chikungunya virus
    a.2. Congo-Crimean haemorrhagic fever virus;
    a.3. Dengue fever virus;
    a.4. Eastern equine encephalitis virus;
    a.5. Ebola virus;
    a.6. Hantaan virus;
    a.7. Japanese encephalitis virus;
    a.8. Junin virus;
    a.9. Lassa fever virus
    a.10. Lymphocytic choriomeningitis virus;
    a.11. Machupo virus;
    a.12. Marburg virus;
    a.13. Monkey pox virus;
    a.14. Rift Valley fever virus;
    a.15. Tick-borne encephalitis virus (Russian Spring-Summer 
encephalitis virus);
    a.16. Variola virus;
    a.17. Venezuelan equine encephalitis virus;
    a.18. Western equine encephalitis virus;
    a.19. White pox; or
    a.20. Yellow fever virus.
    b. Rickettsiae, as follows:
    b.1. Bartonella quintana (Rochalimea quintana, Rickettsia 
quintana);
    b.2. Coxiella burnetii;
    b.3. Rickettsia prowasecki; or
    b.4. Rickettsia rickettsii.
    c. Bacteria, as follows:
    c.1. Bacillus anthracis;
    c.2. Brucella abortus;
    c.3. Brucella melitensis;
    c.4. Brucella suis;
    c.5. Burkholderia mallei (Pseudomonas mallei);
    c.6. Burkholderia pseudomallei (Pseudomonas pseudomallei);
    c.7. Chlamydia psittaci;
    c.8. Clostridium botulinum;
    c.9. Francisella tularensis;
    c.10. Salmonella typhi;
    c.11. Shigella dysenteriae;
    c.12. Vibrio cholerae;
    c.13. Yersinia pestis.
    d. ``Toxins'', as follows: and subunits thereof:
    d.1. Botulinum toxins;
    d.2. Clostridium perfringens toxins;
    d.3. Conotoxin;
    d.4. Microcystin (cyanogenosin);
    d.5. Ricin;
    d.6. Saxitoxin;
    d.7. Shiga toxin;
    d.8. Staphylococcus aureus toxins;
    d.9. Tetrodotoxin; or
    d.10. Verotoxin.


1C352  Animal pathogens.

License Requirements

    Reason for Control: CB, AT

------------------------------------------------------------------------
               Control(s)                         Country chart         
------------------------------------------------------------------------
CB applies to entire entry.............  CB Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

     Unit: $ value
    Related Controls: All vaccines are excluded from the scope of 
this entry. See ECCN 1C996.
    Related Definition: N/A
    Items:

List of Items Controlled

    a. Viruses, as follows:
    a.1. African swine fever virus;
    a.2. Avian influenza virus that are;
    a.2.a. Defined in EC Directive 92/40/EC as having high 
pathogenicity, as follows:
    a.2.a.1. Type A viruses with an IVPI (intravenous pathogenicity 
index) in 6 week old chickens of greater than 1.2;
    or
    a.2.a.2. Type A viruses H5 or H7 subtype for which nucleotide 
sequencing has demonstrated multiple basic amino acids at the 
cleavage site of haemegglutinin.
    a.2.b. Reserved.
    a.3. Bluetongue virus;
    a.4. Foot and mouth disease virus;
    a.5. Goat pox virus;
    a.6. Herpes virus (Aujeszky's disease);
    a.7. Hog cholera virus;
    a.8. Lyssa virus;
    a.9. Newcastle disease virus
    a.10. Peste des petits ruminants virus;
    a.11. Porcine enterovirus type 9;
    a.12. Rinderpest virus;
    a.13. Sheep pox virus;
    a.14. Teschen disease virus;
    a.15. Vesicular stomatitis virus; and
    b. Bacteria, as follows:
    b.1. Mycoplasma mycoides;
    b.2. Reserved.


1C353  Genetically modified ``microorganisms''.

License Requirements

    Reason for Control: CB, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
CB applies to entire entry.............  CB Column 1.                   

[[Page 12954]]
                                                                        
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------



License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: All vacines are excluded from the scope of 
this entry. See ECCN 1C996.
    Related Definition: N/A
    Items:

    a. Genetically modified ``microorganisms'' or genetic elements 
that contain nucleic acid sequences associated with pathogenicity 
derived from organisms identified in ECCNs 1C351.a to .c, 1C352, or 
1C354.
    b. Genetically modified ``microorganisms'' or genetic elements 
that contain nucleic acid sequences coding for any of the 
``toxins'', or their subunits, controlled by 1C351.,d


1C354  Plant pathogens.

License Requirements

    Reason for Control: CB, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
CB applies to entire entry.............  CB Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: All vaccines are excluded from the scope of 
this entry. See ECCN 1C996.
    Related Definitions: N/A
    Items: 

List of Items Controlled

    a. Bacteria, as follows:
    a.1. Xanthonomas albilineas;
    a.2. Xanthonomas campestris pv. citri;
    b. Fungi, as follows:
    b.1. Colletotrichum coffeanum var. virulans;
    b.2. Cochliobolus miyabeanus (Helminthosporium oryzae);
    b.3. Microcyclus ulei (syn. Dothidella ulei);
    b.4. Puccinia graminis (syn. Puccinia graminis f. sp. tritici);
    b.5. Puccinia striiformis (syn. Puccinia glumarum); or
    b.6. Pyricularia grisea/Pyricularia oryzae.


1C980  Inorganic chemicals listed in Supplement No. 1 to part 754 of 
the EAR that were produced or derived from the Naval Petroleum Reserves 
(NPR) or became available for export as a result of an exchange of any 
NPR produced or derived commodities.

License Requirements

    Reason for Control: SS

Control(s)

    SS applies to entire entry. For licensing requirements (and 
possible License Exceptions) proceed directly to part 754 of the 
EAR. The Commerce Country Chart is not designed to determine 
licensing requirements for items controlled for SS reasons.

List of Items Controlled

    Unit: Barrels/Liters
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1C981  Crude petroleum including reconstituted crude petroleum, tar 
sands & crude shale oil listed in Supplement No. 1 to part 754 of the 
EAR.

License Requirements

    Reason for Control: SS

Control(s)

    SS applies to entire entry. For licensing requirements (and 
possible License Exceptions) proceed directly to part 754 of the 
EAR. The Commerce Country Chart is not designed to determine 
licensing requirements for items controlled for SS reasons.

List of Items Controlled

    Unit: Barrels/Liters
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1C982  Other petroleum products listed in Supplement No. 1 to part 754 
of the EAR that were produced or derived from the Naval Petroleum 
Reserves (NPR) or became available for export as a result of an 
exchange of any NPR produced or derived commodities.

License Requirements

    Reason for Control: SS

Control(s)

    SS applies to entire entry. For licensing requirements (and 
possible License Exceptions) proceed directly to part 754 of the 
EAR. The Commerce Country Chart is not designed to determine 
licensing requirements for items controlled for SS reasons.

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1C983  Natural gas liquids and other natural gas derivatives listed in 
Supplement No. 1 to part 754 of the EAR that were produced or derived 
from the Naval Petroleum Reserves (NPR) or became available for export 
as a result of an exchange of any NPR produced or derived commodities.

License Requirements

    Reason for Control: SS

Control(s)

    SS applies to entire entry. For licensing requirements (and 
possible License Exceptions) proceed directly to part 754 of the 
EAR. The Commerce Country Chart is not designed to determine 
licensing requirements for items controlled for SS reasons.

List of Items Controlled

    Unit: Barrels/Liters
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1C984  Manufactured gas and synthetic natural gas (except when 
commingled with natural gas and thus subject to export authorization 
from the Department of Energy) listed in Supplement No. 1 to part 754 
of the EAR that were produced or derived from the Naval Petroleum 
Reserves (NPR) or became available for export as a result of an 
exchange of any NPR produced or derived commodities.

License Requirements

    Reason for Control: SS

Control(s)

    SS applies to entire entry. For licensing requirements (and 
possible License Exceptions) proceed directly to part 754 of the 
EAR. The Commerce Country Chart is not designed to determine 
licensing requirements for items controlled for SS reasons.

List of Items Controlled

    Unit: Millions of cubic feet
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1C988  Western red cedar (thuja picata), logs and timber, and rough, 
dressed and worked lumber containing wane listed in Supplement No. 2 to 
part 754 of the EAR.

License Requirements

    Reason for Control: SS

Control(s)

    SS applies to entire entry. For licensing requirements (and 
possible License Exceptions) proceed directly to part 754 of the 
EAR. The Commerce Country Chart is not designed to determine 
licensing requirements for items controlled for SS reasons.

List of Items Controlled

    Unit: Million board feet scribner
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1C991  Vaccines containing items controlled by ECCNs 1C351, 1C352, 
1C353 and 1C354.

License Requirements

    Reason for Control: AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------


[[Page 12955]]


License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1C992  Oil well perforators.

License Requirements

    Reason for Control: AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Materials in number
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. Shaped charges specially designed for oil well operations, 
utilizing one charge functioning along a single axis, that upon 
detonation produce a hole, and:
    a.1. Contain any formulation of RDX, PYX, PETN, HNS, or HMX; and
    a.2. Have only a uniformly shaped conical liner with an included 
angle of 90 degrees or less; and
    a.3. Have a total explosive mass of no more than 90 grams; and
    a.4. Have a diameter not exceeding three inches.


1C993  Fibrous and filamentary materials, not controlled by 1C010 or 
1C210, for use in ``composite'' structures and with a specific modulus 
of 3.18 x 10<SUP>6 m or greater and a specific tensile strength of 7.62 
x 10<SUP>4 m or greater.

License Requirements

    Reason for Control: AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1C994  Fluorocarbon electronic cooling fluids.

License Requirements

    Reason for Control: AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    Fluorocarbon electronic cooling fluids made from at least 85% of 
any of the following:
    a. Monomeric or polymeric forms of perfluoropolyalkylether-
friazines or perfluoroaliphatic-ethers;
    b. Perfluoroalkylamines; or
    c. Perfluorocycloalkanes or perfluoroalkanes with all of the 
following characteristics:
    c.1. Density of 298K (25 deg. C) of 1.5 g/ml or more;
    c.2. In a liquid state at 273K; (0 deg. C); and
    c.3. Containing 60% or more by weight of fluorine.


1C995  Mixtures containing precursor and intermediate chemicals used in 
the ``production'' of chemical warfare agents that are not controlled 
by ECCN 1C350.

License Requirements

    Reason for Control: AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definition: For calculation of de minimis quantities of 
controlled chemicals in mixtures, see ECCN 1C350 and [Supplement 3 
to part 770].
    Items: The list of items controlled is contained in the ECCN 
heading.

D. Software


1D001  ``Software'' specially designed or modified for the 
``development'', ``production'', or ``use'' of items controlled by 
1B001 to 1B003.

License Requirements

    Reason for Control: NS, MT, NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 1.                   
MT applies to ``software'' for the       MT Column 1.                   
 ``development'', ``production'', or                                    
 ``use'' of items controlled by 1B001                                   
 for MT reasons.                                                        
NP applies to ``software'' for the       NP Column 1.                   
 ``development'', ``production'' or                                     
 ``use'' of items controlled by 1B001                                   
 for NP reasons.                                                        
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    CIV: Yes
    TSR: Yes

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1D002  ``Software'' for the ``development'' of organic matrix, metal 
matrix or carbon matrix laminates or ``composites''.

License Requirements

    Reason for Control: NS, MT, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 1.                   
MT applies to ``software'' specially     MT Column 1.                   
 designed or modified for the                                           
 ``development'' of ``composites''                                      
 controlled by 1A, 1B or 1C entries for                                 
 MT reasons.                                                            
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    CIV: Yes
    TSR: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1D018  ``Software'' specially designed or modified for the 
``development'', ``production'', or ``use'' of items controlled by 
1B018.

License Requirements

    Reason for Control: NS, MT, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 1.                   
MT applies to ``software'' for the       MT Column 1.                   
 ``development'', ``production'', or                                    
 ``use'' of items controlled by 1B018                                   
 for MT reasons.                                                        
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    CIV: N/A
    TSR: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    
[[Page 12956]]

    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1D101  Other ``software'' not controlled by 1D001, 1D002, 1D103, and 
1D018 specially designed for the ``development'', ``production'', or 
``use'' of items controlled by 1A, 1B, and 1C for MT reasons.

License Requirements

    Reason for Control: MT, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
MT applies to entire entry.............  MT Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    CIV: N/A
    TSR: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1D103  ``Software'' specially designed for analysis of reduced 
observables such as radar reflectivity, ultraviolet/infrared signatures 
and acoustic signatures.

License Requirements

    Reason for Control: MT, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
MT applies to entire entry.............  MT Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    CIV: N/A
    TSR: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1D201  ``Software'' specially designed or modified for the ``use'' of 
items controlled by 1B101 or 1B201 for NP reasons.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    CIV: N/A
    TSR: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1D390  ``Software'' for process control that is specifically configured 
to control or initiate ``production'' of chemicals controlled by ECCN 
1C350.

License Requirements

    Reason for Control: CB, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
CB applies to entire entry.............  CB Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    CIV: N/A
    TSR: N/A

List of Items Controlled

    Unit: $ value

    The list of items controlled is contained in the ECCN heading.


1D993   ``Software'' specially designed for the ``development'', 
``production'', or ``use'' of equipment or materials controlled by 
1C210.b, 1C993, 1C994.

License Requirements

    Reason for Control: AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    CIV: N/A
    TSR: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.

E. Technology


1E001   ``Technology'' according to the General Technology Note for the 
``development'' or ``production'' of items controlled by 1A001.b, 
1A001.c, 1A002, 1A003, 1A102, 1B or 1C (except 1C980 to 1C984, 1C988 
and 1C991 to 1C995).

License Requirements

    Reason for Control: NS, MT, NP, CB, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to ``technology'' for items   NS Column 1.                   
 controlled by 1A001.b and .c, 1A002,                                   
 1A003, 1B001 to 1B003, 1B018, 1B225,                                   
 1C001 to 1C010, 1C018, 1C230, 1C231,                                   
 1C233, or 1C234.                                                       
MT applies to ``technology'' for items   MT Column 1.                   
 controlled by 1A002, 1A102, 1B001,                                     
 1B018, 1B101, 1B115, 1B116, 1C001,                                     
 1C007, 1C101, 1C107, 1C115 to 1C117,                                   
 or 1C216 for MT reasons.                                               
NP applies to ``technology'' for items   NP Column 1.                   
 controlled by 1A002, 1B001, 1B101,                                     
 1B201, 1B225 to 1B232, 1C001, 1C010,                                   
 1C202, 1C210, 1C216, 1C225 to 1C234,                                   
 1C236 to 1C238 for NP reasons.                                         
CB applies to ``technology'' for items   CB Column 1.                   
 controlled by 1C351, 1C352, 1C353, or                                  
 1C354.                                                                 
CB applies to ``technology'' for         CB Column 2.                   
 materials controlled by 1C350.                                         
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    CIV: N/A
    TSR: Yes

List of Items Controlled

    Unit: N/A
    Related Controls: N/A
    Related Definitions: The corresponding EU number captures 
controls related to 1C235. This EU entry is not contained on the CCL 
and is subject to the export licensing authority of the Nuclear 
Regulatory Commission (See 10 CFR part 110.)
    Items: The list of items controlled is contained in the ECCN 
heading.


1E002   Other ``technology''.

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    CIV: N/A
    TSR: Yes

List of Items Controlled

    Unit: N/A
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. ``Technology'' for the ``development'' or ``production'' of 
polybenzothiazoles or polybenzoxazoles;
    b. ``Technology'' for the ``development'' or ``production'' of 
fluoroelastomer compounds containing at least one vinylether 
monomer;
    c. ``Technology'' for the design or ``production'' of the 
following base materials or non-``composite'' ceramic materials:
    c.1. Base materials having all the following characteristics:
    c.1.a. Any of the following compositions:
    c.1.a.1. Single or complex oxides of zirconium and complex 
oxides of silicon or aluminium;
    c.1.a.2. Single nitrides of boron (cubic crystalline forms);
    c.1.a.3. Single or complex carbides of silicon or boron; or
    
[[Page 12957]]

    c.1.a.4. Single or complex nitrides of silicon;
    c.1.b. Total metallic impurities, excluding intentional 
additions, of less than:
    c.1.b.1. 1,000 ppm for single oxides or carbides; or
    c.1.b.2. 5,000 ppm for complex compounds or single nitrides; and
    c.1.c.1. Average particle size equal to or less than 5 
micrometer and no more than 10% of the particles larger than 10 
micrometer; or
    N.B.: For zirconia, these limits are 1 micrometer and 5 
micrometer respectively;
    c.1.c.2.a. Platelets with a length to thickness ratio exceeding 
5;
    c.1.c.2.b. Whiskers with a length to diameter ratio exceeding 10 
for diameters less than 2 micrometer; and
    c.1.c.2.c. Continuous or chopped fibers less than 10 micrometer 
in diameter.
    c.2. Non-``composite'' ceramic materials, except abrasives, 
composed of the materials described in 1E002.c.1;
    d. ``Technology'' for the ``production'' of aromatic polyamide 
fibers;
    e. ``Technology'' for the installation, maintenance or repair of 
materials controlled by 1C001;
    f. ``Technology'' for the repair of ``composite'' structures, 
laminates or materials controlled by 1A002, 1C007.c, or 1C007.d.

    Note: 1E002.f does not control ``technology'' for the repair of 
``civil aircraft'' structures using carbon ``fibrous or filamentary 
materials'' and epoxy resins, contained in aircraft manufacturers' 
manuals.


1E101   ``Technology'' according to the General Technology Note for the 
``use'' of items controlled by 1A102, 1B001, 1B101, 1B115, 1B116, 
1C001, 1C101, 1C107 or 1C115 to 1C117 for MT reasons.

License Requirements

    Reason for Control: MT, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
MT applies to entire entry.............  MT Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    CIV: N/A
    TSR: N/A

List of Items Controlled

    Unit: N/A
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1E103   ``Technology'' (including processing conditions) and procedures 
for the regulation of temperature, pressures or atmosphere in 
autoclaves or hydroclaves when used for the ``production'' of 
``composites'' or partially processed ``composites''.

License Requirements

    Reason for Control: MT, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
MT applies to entire entry.............  MT Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    CIV: N/A
    TSR: N/A

List of Items Controlled

    Unit: N/A
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1E104   ``Technology'' for producing pyrolytically derived materials 
formed on a mould, mandrel, or other substrate from precursor gases 
that decompose at 1,300  deg.C to 2,900  deg.C temperature range at 
pressures of 130 Pa (1 mm Hg) to 20 kPa (150 mm Hg).

License Requirements

    Reason for Control: MT, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
MT applies to entire entry.............  MT Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    CIV: N/A
    TSR: N/A

List of Items Controlled

    Unit: N/A
    Related Controls: N/A
    Related Definitions: This entry includes ``technology'' for the 
composition of precursor gasses, flow-rates and process control 
schedules and parameters.
    Items: The list of items controlled is contained in the ECCN 
heading.


1E201   ``Technology'' according to the General Technology Note for the 
``use'' of items controlled by 1A002, 1A202, 1A225 to 1A227, 1A290, 
1B001.a, 1B101, 1B201, 1B225 to 1B232, 1C002.a.2.c or a.2.d, 1C010.b, 
1C202, 1C210, 1C216, 1C225 to 1C239 or 1D201 for NP reasons.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    CIV: N/A
    TSR: N/A

List of Items Controlled

    Unit: N/A
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1E202   ``Technology'' according to the General Technology Note for the 
``development'' or ``production'' of items controlled by 1A202 or 1A225 
to 1A227, or 1A290.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    CIV: N/A
    TSR: N/A

List of Items Controlled

    Unit: N/A
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1E203  ``Technology'' according to the General Technology Note for the 
``development'' of ``software'' controlled by 1D201.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    CIV: N/A
    TSR: N/A

List of Items Controlled

    Unit: N/A
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1E350  ``Technology'' for the ``use'' of chemicals controlled by 1C350 
and for facilities designed or intended to produce chemicals controlled 
by 1C350.

License Requirements

    Reason for Control: CB, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
CB applies to entire entry.............  CB Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    CIV: N/A
    TSR: N/A

List of Items Controlled

    Unit: N/A
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. Overall plant design;
    b. Design, specification, or procurement of equipment;
    
[[Page 12958]]

    c. Supervision of construction, installation, or operation of 
complete plant or components thereof;
    d. Training of personnel; and
    e. Consultation on specific problems involving such facilities.


1E351  ``Technology'' for the ``use'' of microbiological materials 
controlled by 1C351, 1C352, 1C353, or 1C354.

License Requirements

    Reason for Control: CB, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
CB applies to entire entry.............  CB Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    CIV: N/A
    TSR: N/A

List of Items Controlled

    Unit: N/A
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1E391  ``Technology'' for the disposal of chemicals or microbiological 
materials controlled by 1C350, 1C351, 1C352, 1C353, or 1C354.

License Requirements

    Reason for Control: CB, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
CB applies to ``technology'' for the     CB Column 1.                   
 disposal of items controlled by 1C351,                                 
 1C352, 1C353, or 1C354.                                                
CB applies to ``technology'' for the     CB Column 2.                   
 disposal of items controlled by 1C350.                                 
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    CIV: N/A
    TSR: N/A

List of Items Controlled

    Unit: N/A
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


1E994  ``Technology'' for the ``development'', ``production'', or 
``use'' of fibrous and filamentary materials controlled by 1C993 or 
fluorocarbon electronic cooling fluids controlled by 1C994.

License Requirements

    Reason for Control: AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    CIV: N/A
    TSR: N/A

List of Items Controlled

    Unit: N/A
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


EAR99  Items subject to the EAR that are not elsewhere specified in 
this CCL Category or in any other category in the CCL are designated by 
the number EAR99.

Category 2--Materials Processing

A. Equipment, Assemblies and Components


2A001  Ball bearings or solid roller bearings (except tapered roller 
bearings) having tolerances specified by the manufacturer in accordance 
with ABEC 7, ABEC 7P, or ABEC 7T or ISO Standard Class 4 or better (or 
equivalents) and having any of the following characteristics.

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $3000
    GBS: Yes
    CIV: Yes

List of Items Controlled

    Unit: $ value
    Related Controls: Quiet running bearings are subject to the 
export licensing authority of the Department of State, Office of 
Defense Trade Controls. (See 22 CFR part 121, Category VI.)
    Related Definitions: (1.) This entry does not control balls with 
tolerance specified by the manufacturer in accordance with ISO 3290 
as grade 5 or worse. (2.) (a) DN is the product of the bearing bore 
diameter in mm and the bearing rotational velocity in rpm. (b) 
Operating temperatures include those temperatures obtained when a 
gas turbine engine has stopped after operation. (3.) Annular Bearing 
Engineers Committee (ABEC)
    Items:
    a. Rings, balls or rollers made from monel or beryllium;
    b. Manufactured for use at operating temperatures above 573 K 
(300 deg. C) either by using special materials or by special heat 
treatment; or
    c. With lubricating elements or component modifications that, 
according to the manufacturer's specifications, are specially 
designed to enable the bearings to operate at speeds exceeding 2.3 
million DN.


2A002  Other ball bearings or solid roller bearings (except tapered 
roller bearings) having tolerances specified by the manufacturer in 
accordance with ABEC 9, ABEC 9P or ISO Standard Class 2 or better (or 
equivalents).

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $3000
    GBS: Yes
    CIV: Yes

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: (1.) This entry does not control balls with 
tolerance specified by the manufacturer in accordance with ISO 3290 
as grade 5 or worse. (2.) (a) DN is the product of the bearing bore 
diameter in mm and the bearing rotational velocity in rpm. (b) 
Operating temperatures include those temperatures obtained when a 
gas turbine engine has stopped after operation. (3.) Annular Bearing 
Engineers Committee (ABEC)
    Items: The list of items controlled is contained in the ECCN 
heading.


2A003  Solid tapered roller bearings, having tolerances specified by 
the manufacturer in accordance with ANSI/AFBMA Class 00 (inch) or Class 
A (metric) or better (or equivalents) and having either of the 
following characteristics.

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $3000
    GBS: Yes
    CIV: Yes

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: (1.) This entry does not control balls with 
tolerance specified by the manufacturer in accordance with ISO 3290 
as grade 5 or worse. (2.) (a) DN is the product of the bearing bore 
diameter in mm and the bearing rotational velocity in rpm. (b) 
Operating temperatures include those temperatures obtained when a 
gas turbine engine has stopped after operation. (3.) American 
National Standards Institute (ANSI); Anti-Friction Bearing 
Manufacturers Association (AFBMA)
    Items:

    a. With lubricating elements or component modifications that, 
according to the manufacturer's specifications, are specially 
designed to enable the bearings to operate at speeds exceeding 2.3 
million DN; or
    b. Manufactured for use at operating temperatures below 219 K 
(-54 deg.C) or above 423 K (150 deg. C).

[[Page 12959]]



2A004  Gas-lubricated foil bearing manufactured for use at operating 
temperatures of 561 K (288 deg. C) or higher and a unit load capacity 
exceeding 1 MPa.

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $3000
    GBS: Yes
    CIV: Yes

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: (a) DN is the product of the bearing bore 
diameter in mm and the bearing rotational velocity in rpm. (b) 
Operating temperatures include those temperatures obtained when a 
gas turbine engine has stopped after operation.
    Items: The list of items controlled is contained in the ECCN 
heading.


2A005  Active magnetic bearing systems.

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $3000
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: (a) DN is the product of the bearing bore 
diameter in mm and the bearing rotational velocity in rpm. (b) 
Operating temperatures include those temperatures obtained when a 
gas turbine engine has stopped after operation.
    Items: The list of items controlled is contained in the ECCN 
heading.


2A006  Fabric-lined self-aligning or fabric-lined journal sliding 
bearings manufactured for use at operating temperatures below 219 K(-54 
 deg.C) or above 423 K (150  deg.C).

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $3000
    GBS: Yes
    CIV: Yes

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definition: (a) DN is the product of the bearing bore 
diameter in mm and the bearing rotational velocity in rpm. (b) 
Operating temperatures include those temperatures obtained when a 
gas turbine engine has stopped after operation.
    Items: The list of items controlled is contained in the ECCN 
heading.


2A225  Crucibles made of materials resistant to liquid actinide metals.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. Crucibles with a volume between 150 ml and 8 liters, and made 
of or coated with any of the following materials having a purity of 
98% or greater:
    a.1. Calcium fluoride (CaF<INF>2);
    a.2. Calcium zirconate (metazirconate) (CaZrO<INF>3);
    a.3. Cerium sulfide (Ce<INF>2S<INF>3);
    a.4. Erbium oxide (erbia) (Er<INF>2O<INF>3);
    a.5. Hafnium oxide (hafnia) (HfO<INF>2);
    a.6. Magnesium oxide (MgO);
    a.7. Nitrided niobium-titanium-tungsten alloy (approximately 50% 
Nb, 30% Ti, and 20% W);
    a.8. Yttrium oxide (yttria) (Y<INF>2O<INF>3); or
    a.9. Zirconium oxide (zirconia) (ZrO<INF>2);
    b. Crucibles with a volume between 50 ml and 2 liters, and made 
of or lined with tantalum, having a purity of 99.9% or greater;
    c. Crucibles with a volume between 50 ml and 2 liters and made 
of or lined with tantalum (having a purity of 98% or greater) or 
coated with tantalum carbide, nitride, boride (or any combination of 
these).


2A226  Valves not controlled by 0B001 that are 5 mm (0.2 in.) or 
greater in nominal size, with a bellows seal, wholly made of or lined 
with aluminum, aluminum alloy, nickel, or alloy containing 60% or more 
nickel, either manually or automatically operated.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: Valves are also subject to the export 
licensing authority of the Nuclear Regulatory Commission. (See 10 
CFR part 110.)
    Related Definition: For valves with different inlet and outlet 
diameter, the nominal size parameter above refers to the smallest 
diameter.
    Items: The list of items controlled is contained in the ECCN 
heading.


2A290  Generators and other equipment specially designed, prepared, or 
intended for use with nuclear plants.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: Nuclear equipment is also subject to the 
export licensing authority of the Nuclear Regulatory Commission. 
(See 10 CFR part 110.)
    Related Definitions: N/A
    Items:

    a. Generators, turbine-generator sets, steam turbines, heat 
exchangers, and heat exchanger type condensers designed or intended 
for use in a nuclear reactor;
    b. Process control systems intended for use with the equipment 
controlled by 2A290.a.


2A291  Equipment related to nuclear material handling and processing 
and to nuclear reactors.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Equipment in number; parts and accessories in $ value
    Related Controls: Nuclear equipment is also subject to the 
export licensing authority of the Nuclear Regulatory Commission. 
(See 10 CFR part 110.)
    Related Definitions: N/A
    Items:


[[Page 12960]]

    a. Process control systems, except those controlled by 2A290.b, 
intended for use with nuclear reactors.
    b. Casks that are specially designed for transportation of high-
level radioactive material and that weigh more than 1,000 kg.
    c. Commodities, parts and accessories specially designed or 
prepared for use with nuclear plants (e.g., snubbers, airlocks, 
reactor and fuel inspection equipment) except items licensed by the 
Nuclear Regulatory Commission, pursuant to 10 CFR part 110.


2A292  Piping, fittings and valves made of, or lined with, stainless 
steel, copper-nickel alloy or other alloy steel containing 10% or more 
nickel and/or chromium.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Pressure tubes, pipes, and fittings in kilograms; valves 
in number; parts and accessories in $ value
    Related Controls: Piping, fittings, and valves are also subject 
to the export licensing authority of the Nuclear Regulatory 
Commission. (See 10 CFR part 110.)
    Related Definitions: N/A
    Items:

    a. Pressure tube, pipe, and fittings of 200 mm (8 inches) or 
more inside diameter, and suitable for operation at pressures of 3.4 
MPa (500 psi) or greater;
    b. Pipe valves having all of the following characteristics:
    b.1. A pipe size connection of 8 inches or more inside diameter;
    b.2. Rated at 1,500 psi or more;
    c. Parts, n.e.s.


2A293  Pumps designed to move molten metals by electromagnetic forces.

License Requirements

    Reason for Control: NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Equipment in number
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


2A993  Explosive detection systems, consisting of an automated device, 
or combination of devices, with the ability to detect the presence of 
different types of explosives, in passenger checked baggage, without 
need for human skill, vigilance, or judgment.

License Requirements

    Reason for Control: AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Equipment in number
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.


2A994  Portable electric generators and specially designed parts.

License Requirements

    Reason for Control: AT

Control(s)

    AT applies to entire entry. A license is required for items 
controlled by this entry to Cuba, Iran, Libya, and North Korea. The 
Commerce Country Chart is not designed to determine licensing 
requirements for this entry. See part 746 of the EAR for additional 
information.

    Note: Exports from the U.S. and transhipments to Iran must be 
licensed by the Department of Treasury, Office of Foreign Assets 
Control. (See Sec. 742.8 and Sec. 746.7 of the EAR for additional 
information on this requirement.)

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.

B. Test, Inspection and Production Equipment

    Note for Category 2B: 2B001 to 2B009 do not control measuring 
interferometer systems, without closed or open loop feedback, 
containing a ``laser'' to measure slide movement errors of machine-
tools, dimensional inspection machines or similar equipment.


2B001  ``Numerical control'' units, ``motion control boards'', 
specially designed for ``numerical control'' applications on machine 
tools, machine tools, and specially designed components therefore.

License Requirements

    Reason for Control: NS, NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
NP applies to entire entry.............  NP Column 1.                   
Except as noted below: 2B001.a and .b    ...............................
 unless controlled ``software'' in                                      
 2D001 or 2D002.b resides therein,                                      
 2B001.c.1.b.1 (turning machines only),                                 
 c.1.b.2, c.1.b.3, c.1.b.4, c.1.b.5.b.2                                 
 (except bar machines (Swissturn),                                      
 limited to machining only bar feed                                     
 through, if maximum diameter is equal                                  
 to or less than 42mm and there is no                                   
 capability of mounting chucks.                                         
 Machines may have drilling and/or                                      
 milling capabilities for machining                                     
 parts with diameters less than 42 mm),                                 
 c.1.b.6, c.2. and c.4, turning                                         
 machines with capacity <ls-thn-eq>35                                   
 mm in diameter, milling machines with                                  
 greater than 2 meters travel and worse                                 
 than 30 micron accuracy, or crankshaft                                 
 and camshaft grinding machines.                                        
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: Yes, for items described in Advisory Note 1
    CIV: Yes, for items described in Advisory Note 1

List of Items Controlled

    Unit: Equipment in number; parts and accessories in $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    Technical Notes: 1. Secondary parallel contouring axes, e.g., 
the w-axis on horizontal boring mills or a secondary rotary axis the 
center line of which is parallel to the primary rotary axis, are not 
counted in the total number of contouring axes.
    Note: Rotary axes need not rotate over 360 deg.. A rotary axis 
can be driven by a linear device, e.g., a screw or a rack-and-
pinion.

    2. Axis nomenclature shall be in accordance with International 
Standard ISO 841, Numerical Control Machines--Axis and Motion 
Nomenclature.
    a. ``Numerical control'' units for machine tools, as follows, 
and specially designed components therefor:

[[Page 12961]]

    a.1. Having more than four interpolating axes that can be 
coordinated simultaneously for ``contouring control''; or
    a.2. Having two, three or four interpolating axes that can be 
coordinated simultaneously for ``contouring control'' and:
    a.2.a. Capable of ``real-time processing'' of data to modify, 
during the machining operation, tool path, feed rate and spindle 
data by either:
    a.2.a.1. Automatic calculation and modification of part program 
data for machining in two or more axes by means of measuring cycles 
and access to source data; or
    a.2.a.2. ``Adaptive control'' with more than one physical 
variable measured and processing by means of a computing model 
(strategy) to change one or more machining instructions to optimize 
the process; or
    a.2.b. Capable of receiving directly (on-line) and processing 
computer-aided-design (CAD) data for internal preparation of machine 
instructions; or
    a.2.c. Capable, without modification, according to the 
manufacturer's technical specifications, of accepting additional 
boards which would permit an increase above the control levels 
specified in 2B001, in the number of interpolating axes that can be 
coordinated simultaneously for ``contouring control'', even if they 
do not contain these additional boards;

    Note: 2B001.a does not control ``numerical control'' units if:
    a. Modified for and incorporated in uncontrolled machines; or
    b. Specially designed for uncontrolled machines.

    b. ``Motion control boards'' specially designed for machine 
tools and having any of the following characteristics:
    b.1. Interpolation in more than four axes;
    b.2. Capable of ``real time processing'' as described in 
2B001.a.2.a; or
    b.3. Capable of receiving and processing CAD data as described 
in 2B001.a.2.b;
    c. Machine tools, as follows, for removing or cutting metals, 
ceramics or composites, that, according to the manufacturer's 
technical specifications, can be equipped with electronic devices 
for simultaneous ``contouring control'' in two or more axes:
    c.1. Machine tools for turning, grinding, milling or any 
combination thereof that:
    c.1.a. Have two or more axes that can be coordinated 
simultaneously for ``contouring control''; and
    c.1.b. Have any of the following characteristics:
    c.1.b.1. Two or more contouring rotary axes;

    Technical Note: The c-axis on jig grinders used to maintain 
grinding wheels normal to the work surface is not considered a 
contouring rotary axis.

    c.1.b.2. One or more contouring ``tilting spindles'';

    Note: 2B001.c.1.b.2 applies to machine tools for grinding or 
milling only.

    c.1.b.3. ``Camming'' (axial displacement) in one revolution of 
the spindle less (better) than 0.0006 mm total indicator reading 
(TIR);

    Note: 2B001.c.1.b.3 applies to machine tools for turning only.

    c.1.b.4. ``Run out'' (out-of-true running) in one revolution of 
the spindle less (better) than 0.0006 mm total indicator reading 
(TIR);
    c.1.b.5. The ``positioning accuracies'', with all compensations 
available, are less (better) than:
    c.1.b.5.a. 0.001 deg. on any rotary axis; or
    c.1.b.5.b.1. 0.004 mm along any linear axis (overall 
positioning) for grinding machines;
    c.1.b.5.b.2. 0.006 mm along any linear axis (overall 
positioning) for turning or milling machines;
    N.B.: 2B001.c.1.b.5 does not control milling or turning machine 
tools with a positioning accuracy along one axis, with all 
compensations available, equal to or greater (worse) than 0.005 mm.

    Technical Note: The positioning accuracy of ``numerically 
controlled'' machine tools is to be determined and presented in 
accordance with ISO/DIS 230/2, paragraph 2.13, in conjunction with 
the requirements below:
    a. Test conditions (paragraph 3):
    1. For 12 hours before and during measurements, the machine tool 
and accuracy measuring equipment will be kept at the same ambient 
temperature. During the premeasurement time the slides of the 
machine will be continuously cycled in the same manner that the 
accuracy measurements will be taken;
    2. The machine shall be equipped with any mechanical, 
electronic, or software compensation to be exported with the 
machine;
    3. Accuracy of measuring equipment for the measurements shall be 
at least four times more accurate than the expected machine tool 
accuracy;
    4. Power supply for slide drives shall be as follows:
    a. Line voltage variation shall not exceed <plus-minus>10% of 
nominal rated voltage;
    b. Frequency variation shall not exceed <plus-minus>2 Hz of 
normal frequency;
    c. Lineouts or interrupted service are not permitted.
    b. Test program (paragraph 4):
    1. Feed rate (velocity of slides) during measurement shall be 
the rapid traverse rate;

    Note: In the case of machine tools that generate optical quality 
surfaces, the feedrate shall be equal to or less than 50 mm per 
minute.
    2. Measurements shall be made in an incremental manner from one 
limit of the axis travel to the other without returning to the 
starting position for each move to the target position;
    3. Axes not being measured shall be retained at mid travel 
during test of an axis.
    c. Presentation of test results (paragraph 2): The results of 
the measurement must include:
    1. Positioning accuracy (A); and
    2. The mean reversal error (B).
    c.1.b.6.a A ``positioning accuracy'' less (better) than 0.007 
mm; and
    c.1.b.6.b. A slide motion from rest for all slides within 20% of 
a motion command input for inputs of less than 0.5 micrometer;

    Technical Note: Minimum increment of motion test (slide motion 
from rest): The test is conducted only if the machine tool is 
equipped with a control unit the minimum increment of which is less 
(better) than 0.5 micrometer. Prepare the machine for testing in 
accordance with ISO 230.2 paragraphs 3.1, 3.2, 3.3. Conduct the test 
on each axis (slide) of the machine tool as follows:
    1. Move the axis over at least 50% of the maximum travel in plus 
and minus directions twice at maximum feed rate, rapid traverse rate 
or jog control;
    2. Wait at least 10 seconds;
    3. With manual data input, input the minimum programmable 
increment of the control unit;
    4. Measure the axis movement;
    5. Clear the control unit with the servo null, reset or whatever 
clears any signal (voltage) in the servo loop;
    6. Repeat steps 2 to 5 five times, twice in the same direction 
of the axis travel and three times in the opposite direction of 
travel for a total of six test points;
    7. If the axis movement is between 80% and 120% of the minimum 
programmable input for four of the six test points, the machine is 
controlled. For rotary axes, the measurement is taken 200 mm from 
the center of rotation.

    Note 1: 2B001.c.1 does not control cylindrical external, 
internal, and external-internal grinding machines having all of the 
following characteristics:
    a. Not centerless (shoe-type) grinding machines;
    b. Limited to cylindrical grinding;
    c. A maximum workpiece capacity of 150 mm diameter or length;
    d. Only two axes which can be coordinated simultaneously for 
``contouring control''; and
    e. No contouring c axis.

    Note 2: 2B001.c.1 does not control machines designed 
specifically as jig grinders having both of the following 
characteristics:
    a. Axes limited to x, y, c and a, where the c-axis is used to 
maintain the grinding wheel normal to the work surface and the a-
axis is configured to grind barrel cams; and
    b. A spindle ``run out'' not less (not better) than 0.0006 mm.

    Note 3: 2B001.c.1 does not control tool or cutter grinding 
machines having all of the following characteristics:
    a. Shipped as a complete system with ``software'' specially 
designed for the production of tools or cutters;
    b. No more than two rotary axes that can be coordinated 
simultaneously for ``contouring control'';
    c. ``Run out'' (out-of-true running) in one revolution of the 
spindle not less (not better) than 0.0006 mm total indicator reading 
(TIR); and
    d. The ``positioning accuracies'', with all compensations 
available, are not less (not better) than:
    1. 0.004 mm along any linear axis for overall positioning; or
    2. 0.001 deg. on any rotary axis.

    c.2. Electrical discharge machines (EDM) of the wire feed type 
that have five or more axes that can be coordinated simultaneously 
for ``contouring control'';
    c.3. Electrical discharge machines (EDM) of the non-wire type 
that have two or more rotary axes that can be coordinated 
simultaneously for ``contouring control'';

[[Page 12962]]

    c.4. Machine tools for removing metals, ceramics or composites:
    c.4.a. By means of:
    c.4.a.1. Water or other liquid jets, including those employing 
abrasive additives;
    c.4.a.2. Electron beam; or
    c.4.a.3. ``Laser'' beam; and
    c.4.b. Having two or more rotary axes that:
    c.4.b.1. Can be coordinated simultaneously for ``contouring 
control''; and
    c.4.b.2. Have a ``positioning accuracy'' of less (better) than 
0.003 deg.C.

    Technical Note: Machines capable of being simultaneously 
coordinated for contouring control in two or more rotary axes or one 
or more ``tilting spindles'', remain controlled regardless of the 
number of simultaneously coordinated contouring axes that can be 
controlled by the ``numerical control'' unit attached to the 
machine.


2B002  Non-''numerically controlled'' machine tools for generating 
optical quality surfaces.

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $3000
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Equipment in number
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. Turning machines using a single point cutting tool and having 
all of the following characteristics:
    a.1. Slide ``positioning accuracy'' less (better) than 0.0005 mm 
per 300 mm of travel;
    a.2. Bidirectional slide positioning ``repeatability'' less 
(better) than 0.00025 mm per 300 mm of travel;
    a.3. Spindle ``run out'' and ``camming'' less (better) than 
0.0004 mm total indicator reading (TIR);
    a.4. Angular deviation of the slide movement (yaw, pitch and 
roll) less (better) than 2 seconds of arc, TIR, over full travel; 
and
    a.5. Slide perpendicularity less (better) than 0.001 mm per 300 
mm of travel;

    Technical Note: The bidirectional slide positioning 
``repeatability'' (R) of an axis is the maximum value of the 
repeatability of positioning at any position along or around the 
axis determined using the procedure and under the conditions 
specified in part 2.11 of ISO 230/2: 1988.

    b. Fly cutting machines having both of the following 
characteristics:
    b.1. Spindle ``run out'' and ``camming'' less (better) than 
0.004 mm TIR; and
    b.2. Angular deviation of slide movement (yaw, pitch and roll) 
less (better) than 2 seconds of arc, TIR, over full travel.


2B003  ``Numerically controlled'' or manual machine tools specially 
designed for cutting, finishing, grinding or honing either of the 
following classes of bevel or parallel axis hardened (R<INF>c = 40 or 
more) gears, and specially designed components, controls and 
accessories therefor.

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $5000
    GBS: Yes for 2B003.a
    CIV: Yes for 2B003.a

List of Items Controlled

    Unit: Equipment in number; parts and accessories in $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. Hardened bevel gears finished to a quality of better than 
American Gear Manufacturers Association (AGMA) 13 (equivalent to ISO 
1328 class 4); or
    b. Hardened spur, helical and double-helical gears with a pitch 
diameter exceeding 1,250 mm and a face width of 15% of pitch 
diameter or larger finished to a quality of AGMA 14 or better 
(equivalent to ISO 1328 class 3).


2B004  Hot ``isostatic presses'' and specially designed dies, molds, 
components, accessories and controls therefor.

License Requirements

    Reason for Control: NS, MT, NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
MT applies to entire entry.............  MT Column 1.                   
NP applies to entire entry.............  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Equipment in number; parts and accessories in $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. Having a controlled thermal environment within the closed 
cavity and possessing a chamber cavity with an inside diameter of 
406 mm or more; and
    b. Having:
    b.1. A maximum working pressure exceeding 207 MPa;
    b.2. A controlled thermal environment exceeding 1,773 K 
(1,500 deg. C); or
    b.3. A facility for hydrocarbon impregnation and removal of 
resultant gaseous degradation products.

    Technical Note: The inside chamber dimension is that of the 
chamber in which both the working temperature and the working 
pressure are achieved and does not include fixtures. That dimension 
will be the smaller of either the inside diameter of the pressure 
chamber or the inside diameter of the insulated furnace chamber, 
depending on which of the two chambers is located inside the other.


2B005  Equipment specially designed for deposition, processing and in-
process control of inorganic overlays, coatings and surface 
modification, for non-electronic substrates, by processes shown in the 
Table and associated Notes following 2E003.d, and specially designed 
automated handling, positioning, manipulation and control components 
therefor.

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $1000
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. ``Stored program controlled'' chemical vapor deposition (CVD) 
production equipment with both of the following:
    a.1. Process modified for one of the following:
    a.1.a. Pulsating CVD;
    a.1.b. Controlled nucleation thermal decomposition (CNTD); or
    a.1.c. Plasma enhanced or plasma assisted CVD; and
    a.2. Either of the following:
    a.2.a. Incorporating high vacuum (equal to or less than 0.01 Pa) 
rotating seals; or
    a.2.b. Incorporating in situ coating thickness control;
    b. ``Stored program controlled'' ion implantation production 
equipment having beam currents of 5 mA or more;
    c. ``Stored program controlled'' electron beam physical vapor 
deposition (EB-PVD) production equipment incorporating:
    c.1. Power systems rated for over 80 kW;
    c.2. A liquid pool level ``laser'' control system that regulates 
precisely the ingots feed rate; and
    c.3. A computer controlled rate monitor operating on the 
principle of photo-luminescence of the ionized atoms in the 
evaporant stream to control the deposition rate of a coating 
containing two or more elements;
    d. ``Stored program controlled'' plasma spraying production 
equipment having either of the following characteristics:
    d.1. Operating at reduced pressure controlled atmosphere (equal 
to or less than 10 kPa measured above and within 300 mm

[[Page 12963]]
of the gun nozzle exit) in a vacuum chamber capable of evacuation 
down to 0.01 Pa prior to the spraying process; or
    d.2. Incorporating in situ coating thickness control;
    e. ``Stored program controlled'' sputter deposition production 
equipment capable of current densities of 0.1 mA/mm<SUP>2 or higher 
at a deposition rate of 15 micrometer/hr or more;
    f. ``Stored program controlled'' cathodic arc deposition 
production equipment incorporating a grid of electromagnets for 
steering control of the arc spot on the cathode;
    g. ``Stored program controlled'' ion plating production 
equipment allowing for the in situ measurement of either:
    g.1. Coating thickness on the substrate and rate control; or
    g.2. Optical characteristics.

    Note: 2B005.g does not control standard ion plating coating 
equipment for cutting or machining tools.


2B006  Dimensional inspection or measuring systems or equipment.

License Requirements

    Reason for Control: NS, NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
NP applies to 2B006.a, b and .c........  NP Column 1.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Equipment in number
    Related Controls: N/A
    Related Definition: This entry does not control measuring 
interferometer systems, without closed or open loop feedback, 
containing a ``laser'' to measure slide movement errors of machine 
tools, dimensional inspection machines or similar equipment.
    Items:

    a. Computer controlled, ``numerically controlled'' or ``stored 
program controlled'' dimensional inspection machines, having both of 
the following characteristics:
    a.1. Two or more axes; and
    a.2. A one dimensional length ``measurement uncertainty'' equal 
to or less (better) than (1.25+L/1,000) micrometer tested with a 
probe with an ``accuracy'' of less (better) than 0.2 micrometer (L 
is the measured length in mm);
    b. Linear and angular displacement measuring instruments, as 
follows:
    b.1. Linear measuring instruments having any of the following 
characteristics:
    b.1.a. Non-contact type measuring systems with a ``resolution'' 
equal to or less (better) than 0.2 micrometer within a measuring 
range up to 0.2 mm;
    b.1.b. Linear voltage differential transformer systems with both 
of the following characteristics:
    b.1.b.1. ``Linearity'' equal to or less (better) than 0.1% 
within a measuring range up to 5 mm; and
    b.1.b.2. Drift equal to or less (better) than 0.1% per day at a 
standard ambient test room temperature <plus-minus>1 K; or
    b.1.c. Measuring systems having both of the following 
characteristics:
    b.1.c.1. Containing a ``laser''; and
    b.1.c.2. Maintaining, for at least 12 hours, over a temperature 
range of <plus-minus>1 K around a standard temperature and at a 
standard pressure:
    b.1.c.2.a. A ``resolution'' over their full scale of 0.1 
micrometer or less (better); and
    b.1.c.2.b. A ``measurement uncertainty'' equal to or less 
(better) than (0.2+L/2,000) micrometer (L is the measured length in 
mm);
    b.2. Angular measuring instruments having an ``angular position 
deviation'' equal to or less (better) than 0.00025 deg.;

    Note: 2B006.b.2 does not control optical instruments, such as 
autocollimators, using collimated light to detect angular 
displacement of a mirror.

    c. Systems for simultaneous linear-angular inspection of 
hemishells, having both of the following characteristics:
    c.1. ``Measurement uncertainty'' along any linear axis equal to 
or less (better) than 3.5 micrometer per 5 mm; and
    c.2. ``Angular position deviation'' equal to or less (better) 
than 0.02 deg.;
    d. Equipment for measuring surface irregularities, by measuring 
optical scatter as a function of angle, with a sensitivity of 0.5 nm 
or less (better);
    Notes: 1. Machine tools that can be used as measuring machines 
are controlled if they meet or exceed the criteria specified for the 
machine tool function or the measuring machine function.
    2. A machine described in 2B006 is controlled if it exceeds the 
control threshold anywhere within its operating range.
    Technical Notes: 1. The probe used in determining the 
``measurement uncertainty'' of a dimensional inspection system shall 
be as described in VDI/VDE 2617 Parts 2, 3, and 4.
    2. All measurement values in 2B006 represent permissible 
positive and negative deviations from the target value, i.e., not 
total band.


2B007  ``Robots'', and specially designed controllers and ``end-
effectors'' therefor.

License Requirements

    Reason for Control: NS, NP, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
NP applies to 2B007.b and .c and to      NP Column 1.                   
 specially designed controllers and                                     
 ``endeffectors'' therefor..                                            
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: $5000, except 2B007.b and .c
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items:

    a. Capable in real time of full three-dimensional image 
processing or full three-dimensional scene analysis to generate or 
modify ``programs'' or to generate or modify numerical program data;

    Note: The scene analysis limitation does not include 
approximation of the third dimension by viewing at a given angle, or 
limited grey scale interpretation for the perception of depth or 
texture for the approved tasks (2\1/2\ D).

    b. Specially designed to comply with safety standards applicable 
to explosive munitions environments (i.e.) meeting electrical code 
ratings for high explosives); or
    c. Specially designed or rated as radiation hardened to 
withstand greater than 5 x 10<SUP>4 grays(Silicon) (5 x 10<SUP>6 
rad(Silicon)) without operational degradation.


2B008  Assemblies, units or inserts specially designed for machine 
tools, or for equipment controlled by 2B006 or 2B007.

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
               Control(s)                         Country Chart         
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.                   
AT applies to entire entry.............  AT Column 1.                   
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definition: This entry does not control measuring 
interferometer systems, without closed or open loop feedback, 
containing a laser to measure slide movement errors of machine-
tools, dimensional inspection machines or similar equipment.
    Items:

    a. Spindle assemblies, consisting of spindles and bearings as a 
minimal assembly, with radial (``run out'') or axial (``camming'') 
axis motion in one revolution of the spindle less (better) than 
0.0006 mm total indicator reading (TIR);
    b. Linear position feedback units, e.g., inductive type devices, 
graduated scales, infrared systems or ``laser'' systems, having an 
overall ``accuracy'' less (better) than (800 + (600  x  L  x  
10<SUP>-3))nm (L equals the effective length in mm);
    c. Rotary position feedback units, e.g., inductive type devices, 
graduated scales, infrared systems or ``laser'' systems, having an 
``accuracy'' less (better) than 0.00025 deg.;
    d. Slide way assemblies consisting of a minimal assembly of 
ways, bed and slide having all of the following characteristics:
    d.1. A yaw, pitch or roll of less (better) than 2 seconds of arc 
TIR (reference: ISO/DIS 230/1) over full travel;


[[Continued on page 12964]]