[Federal Register Volume 59, Number 93 (Monday, May 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11467]


[[Page Unknown]]

[Federal Register: May 16, 1994]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 770, 771, 772, 773, 774, 775, 776, 778, 779, 785, 787, 
and 799

[Docket No. 940530-4130]
RIN 0694-AA83

 

Export Administration Regulations: Changes in Categories 3, 4, 
and 5 of the Commerce Control List; Revisions to Country Groups and 
Policies; Implementation of Import Certificate/Delivery Verification 
(IC/DV) Procedures for Bulgaria and Romania; Adjustments to General 
License GLX

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Export Administration (BXA) is amending the 
Export Administration Regulations (EAR) by revising certain entries in 
Categories 3, 4, and 5 of the Commerce Control List (CCL) to conform 
with changes made to the International Industrial List (IL) before the 
dissolution of the Coordinating Committee for Multilateral Export 
Controls (COCOM) on March 31, 1994. The COCOM changes require certain 
conforming revisions to General License GLX. A policy decision on 
foreign availability of telecommunications is announced.
    This rule also revises the countries that are included in Country 
Groups V, W, and Y and amends the special country policies provisions 
in the EAR to reflect the changes in licensing policy for the countries 
that have been moved from one country group to another.
    This rule amends the documentation requirements provisions of the 
EAR to substitute the Form BXA-629P (Statement by Ultimate Consignee 
and Purchaser) for the Yugoslav End-Use Certificate requirement. 
Finally, this rule amends the documentation requirements provisions in 
the EAR to implement Import Certificate/Delivery Verification (IC/DV) 
procedures for Bulgaria and Romania.

DATES: Effective date: This rule is effective May 9, 1994.
    Grace period: A 60-day grace period will apply to the requirement 
to obtain a Bulgarian or Romanian Import Certificate in support of 
export or reexport license applications. During the grace period, 
applications will be accepted when supported by either a Form BXA-629P 
(Statement by Ultimate Consignee and Purchaser) or a Bulgarian or 
Romanian Import Certificate.

FOR FURTHER INFORMATION CONTACT: For questions of a technical nature, 
the following persons in the Office of Technology and Policy Analysis 
are available:

Category 1: Jeff Tripp--(202) 482-1309
Category 2: Surendra Dhir--(202) 482-5695
Category 3: Robert Lerner--(202) 482-1641
Category 4: Joseph Young--(202) 482-0706
Category 5: Dale Jensen--(202) 482-0730
Category 6: Joseph Chuchla--(202) 482-1641
Categories 7 and 9: Bruce Webb--(202) 482-3806
Category 8: Steve Clagett--(202) 482-3550

    For information on Import Certificate/Delivery Verification (IC/DV) 
Procedures for Bulgaria and Romania and changes in Country Groups and 
country policies, contact Rodney Joseph, Office of Technology and 
Policy Analysis, Telephone: (202) 482-0171.

SUPPLEMENTARY INFORMATION:

Background

    This final rule revises new General License GLX (59 FR 15621) to 
resolve certain ambiguities and to reflect changes in national security 
controls. For instance, Supplement No. 1 to part 771 is revised to 
delete 4A03.c and 4A03.b because the paragraph references are now 
incorrect and new Administrative Exception Notes make listing on the 
Supplement unnecessary.
    This rule amends a number of ECCNs in the Commerce Control List 
(CCL) to conform with recent changes in the COCOM International 
Industrial List (IL). ECCN 3A01.a.3 is revised to control 
``microprocessor microcircuits'', ``microcomputer microcircuits'', and 
microcontroller microcircuits that:
    (1) Have an arithmetic logic unit with an access width of 32 bit or 
more and a ``composite theoretical performance'' (``CTP'') of 80 
million theoretical operations per second (Mtops) or more; (2) are 
manufactured from a compound semiconductor and operate at a clock 
frequency exceeding 40 MHz; or (3) have more than one data or 
instruction bus or serial communication port for external 
interconnection in a parallel processor with a transfer rate exceeding 
2.5 Mbyte/s. ECCN 3A01.e.1 is revised to indicate that it does not 
control batteries with volumes equal to or less than 27 cm3 (e.g., 
standard C-cells or R-14 batteries).
    This rule also revises ECCN 3C03A to control organo-arsenic, 
organo-antimony, and organo-phosphorus compounds having a purity 
(inorganic element basis) better than 99.999%. In addition, a Note is 
added to 3C03A indicating that the entry controls only those compounds 
whose metallic, partly metallic or non-metallic element is directly 
linked to carbon in the organic part of the molecule.
    This rule removes specific control language in ECCN 4A03A 
applicable to: (1) Disk drives and solid state storage equipment and 
input/output control units designed for use with such equipment and (2) 
color displays and monitors.
    ECCN 4A03A retains specific control parameters for ``assemblies'' 
and graphics accelerators or graphics coprocessors. ECCN 4A03A 
controls: (1) ``assemblies'' that are specially designed or modified to 
be capable of enhancing performance by aggregation of ``computing 
elements'' (``CEs'') so that the ``CTP'' of the aggregation exceeds 260 
Mtops and (2) graphics accelerators or graphics coprocessors exceeding 
a ``3-D Vector Rate'' of 1,600,000.
    The following changes are made in the Notes for Category 4: (1) 
Advisory Notes 1 and 2 are revised to conform with the new paragraph 
designations in ECCN 4A03A (there are no changes in the administrative 
exceptions levels); (2) Advisory Note 3 is revised by establishing new 
administrative exceptions treatment levels for exports to Country 
Groups Q, W, and Y and the People's Republic of China for ``digital 
computers'' (a ``CTP'' not exceeding 1,000 Mtops), graphics 
accelerators or graphics coprocessors (a ``3-D vector rate'' not 
exceeding 3 million) and equipment specially designed to provide for 
the external interconnection of ``digital computers'' or associated 
equipment (a total data transfer rate not exceeding 400 MByte/second); 
(3) Advisory Note 4 is removed and reserved because 4A03A no longer 
contains control parameters that apply specifically to disk drives and 
input/output control units therefor; (4) Advisory Note 6 is revised by 
establishing new favorable consideration levels for Country Groups Q, 
W, and Y and the People's Republic of China for ``digital'' computers 
(a ``CTP'' not exceeding 1,500 Mtops) and for graphics accelerators or 
graphics coprocessors and equipment specially designed to provide for 
the external interconnection of ``digital'' computers; (5) Advisory 
Note 7 is revised to conform with the new paragraph designations in 
ECCN 4A03A (there are no changes in the favorable consideration 
levels), and (8) a new Advisory Note 8 is added to provide 
administrative exceptions treatment for equipment controlled by 4A03.g 
that is exported for use in interconnecting peripheral equipment to 
``digital computers'' not controlled by 4A03.b.
    In the telecommunications section of Category 5, ECCN 5A02A is 
revised to control modems using the ``bandwidth of one voice channel'' 
with a ``data signalling rate'' exceeding 28,800 bit/s. Previously, 
ECCN 5A02A controlled modems exceeding 19,200 bit/s. On January 13, 
1994, BXA published a determination that foreign availability exists 
within the meaning of the Export Administration Act (EAA) for certain 
telecommunications equipment controlled under ECCN 5A02.a to Country 
Groups Q, W, Y, Z, and the People's Republic of China (59 FR 1924). The 
determination applies to telecommunications transmission equipment 
employing digital techniques, including digital processing of analog 
signals, and designed to operate at digital transfer rates up to 623 
Mbit/s.
    The determination notice specified that the Administration would 
enter into negotiations to preserve national security interests 
concerning this equipment. The Administration intends to negotiate to 
remove foreign availability of this high technology equipment to 
military end-users in Country Groups Q, W, Y, and the People's Republic 
of China.
    It has been determined that the validated license requirement is 
retained on telecommunications equipment controlled by ECCN 5A02.a to 
military end-users and for military end-uses in Country Groups Q, W, Y 
and the People's Republic of China, consistent with EAA section 
5(c)(6), to allow meaningful negotiations to take place. Section 
5(c)(6) permits the Secretary of Commerce to maintain controls, 
notwithstanding foreign availability, for an initial period of six 
months. For purposes of this control, military end-users and end-uses 
include conventional military activities and all proliferation 
activities described in Part 778 of this subchapter.
    This action does not affect the control status of this equipment to 
other end-users or destinations. General License GLX continues to be 
available for shipments of equipment controlled by ECCN 5A02, except 
5A02.h and .i, to civilian end-users and for civilian end-uses in 
Country Groups QWY and the PRC. In addition, all of ECCN 5A02 remains 
eligible for General License GFW to Country Groups T & V, except Iran, 
Syria, and the PRC. Foreign policy controls are retained on all items 
controlled by ECCN 5A02 to Country Groups S and Z, Iran and Syria, and 
the South African military and police. Exporters are also reminded that 
the Department of the Treasury's Office of Foreign Assets Control 
maintains prohibitions on exports to Iraq, Haiti, and the Federal 
Republic of Yugoslavia (Serbia and Montenegro).
    In the Notes for Telecommunications in Category 5, Advisory Notes 
1, 8, 11, 12, 13, 14, 15, 16, 17, and 19 are revised, and new Advisory 
Notes 23 through 27 are added. Advisory Note 8 is revised to provide 
administrative exceptions treatment to the People's Republic of China 
for test, inspection, and production equipment controlled by 5B01A or 
5B02A and ``software'' and technology for such equipment. Advisory 
Notes 11, 12, and 13 are revised to restrict their application to 
Albania, Bulgaria, the People's Republic of China, Mongolia, Romania, 
and Vietnam. Advisory Notes 14 and 17 are revised to clarify which 
parties are responsible for the supervision of controlled spare parts.
    Advisory Note 15 is revised to restrict its application to Bulgaria 
and Romania. Advisory Note 16 is revised to restrict its application to 
Albania, Bulgaria, Mongolia, Romania, and Vietnam. Advisory Note 19 is 
revised by removing references to the Czech Republic and the Slovak 
Republic. Notes 25 and 27 are added.
    This rule revises the country policy provisions in Sec. 785.2 to 
conform with changes in licensing policies for proscribed countries. 
This rule also moves Poland, the Czech Republic and the Slovak Republic 
from Country Group W to Country Group V. As a result of this change, 
Poland and the Czech and Slovak Republics are now eligible for exports 
under certain special license procedures (e.g., the Distribution 
License Procedure) and general licenses (e.g., General License GFW).
    This rule also amends the EAR to include new supporting document 
requirements based on the implementation of Import Certificate/Delivery 
Verification (IC/DV) procedures for Bulgaria and Romania. Bulgarian and 
Romanian ICs and DVs are issued by the respective Ministries of Trade 
in each country. Supplement No. 1 to Part 775 is amended to add the 
addresses of these issuing agencies.
    This rule also amends Supplement No. 1 to Part 775 by revising the 
name of the agency that issues Indian Import Certificates to small 
scale industries and entities.
    On January 2, 1992 (57 FR 8), the Bureau of Export Administration 
(BXA) published a final rule clarifying that the geographical area 
formerly known as the Soviet Union remained a controlled destination as 
listed in Country Group Y. That rule allowed exporters to use the 
designation ``Union of Soviet Socialist Republics'', ``Soviet Union'', 
or ``USSR'' on export control documents involving that geographic area 
until new political entities were identified. This final rule revises 
Supplement No. 1 to part 770, Supplement No. 5 to part 778, and 
Sec. 785.2(a)(1) to include a listing of the states located in the 
geographic area of the former Soviet Union. These new designations 
should be used on all export control documents.
    The dissolution of the former Socialist Federal Republic of 
Yugoslavia (Yugoslavia) has raised questions among exporters concerning 
the export control requirements for that geographic area. The 
geographic area formerly known as Yugoslavia continues to fall within 
Country Group V. At this time, the provisions of the EAR that apply to 
this area remain unchanged, except that this rule revises the 
documentation requirements to substitute a Form BXA-629P, Statement by 
Ultimate Consignee and Purchaser, for the Yugoslav End-Use Certificate 
requirement. In addition, this rule eliminates the Yugoslav End-Use 
Certificate requirement for exports/reexports under the Distribution 
License and the Service Supply Procedure.
    The Consignee/Purchaser Statement procedure set forth in Sec. 775.2 
provides a broader range of exemptions than was previously available 
under Sec. 775.5 for the Yugoslav End-Use Certificate.
    Finally, this rule revises Sec. 776.10(a)(2) to make the special 
documentation requirements for exports to Country Groups QWY and the 
People's Republic of China of electronic computers and related 
equipment conform with the revisions made by this rule in the Advisory 
Notes for Category 4.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    2. This rule involves collections of information subject to the 
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). These 
collections have been approved by the Office of Management and Budget 
under control numbers 0694-0002, 0694-0005, 0694-0007, 0694-0008, 0694-
0010, 0694-0013, 0694-0015, 0694-0017, 0694-0021, 0694-0073, and 0694-
0078.
    3. This rule does not contain policies with Federalism implications 
sufficient to warrant preparation of a Federalism assessment under 
Executive Order 12612.
    4. Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule by section 
553 of the Administrative Procedure Act (5 U.S.C. 553) or by any other 
law, under section 3(a) of the Regulatory Flexibility Act (5 U.S.C. 
603(a) and 604(a)) no initial or final Regulatory Flexibility Analysis 
has to be or will be prepared.
    5. The provisions of the Administrative Procedure Act, 5 U.S.C. 
553, requiring notice of proposed rulemaking, the opportunity for 
public participation, and a delay in the effective date, are 
inapplicable because this regulation involves a military or foreign 
affairs function of the United States. Further, no other law requires 
that a notice of proposed rulemaking and an opportunity for public 
comment be given for this rule.
    Therefore, this regulation is issued in final form. Although there 
is no formal comment period, public comments on this regulation are 
welcome on a continuing basis. Comments should be submitted to Sharron 
Cook, Office of Technology and Policy Analysis, Bureau of Export 
Administration, Department of Commerce, P.O. Box 273, Washington, DC 
20044.

List of Subjects

15 CFR Part 770

    Administrative practice and procedure, Exports.

15 CFR Parts 771, 772, 773, 774, 775, 776, and 799

    Exports, Reporting and recordkeeping requirements.

15 CFR Part 778

    Exports, Nuclear energy, Reporting and recordkeeping requirements.

15 CFR Part 779

    Computer technology, Export, Reporting and recordkeeping 
requirements, Science and technology.

15 CFR Part 785

    Exports.

15 CFR Part 787

    Boycotts, Exports, Law enforcement, Penalties, Reporting and 
recordkeeping requirements.

    Accordingly, parts 770, 771, 772, 773, 774, 775, 776, 778, 779, 
785, 787, and 799 of the Export Administration Regulations (15 CFR 
parts 730-799) are amended as follows:
    1. The authority citation for 15 CFR parts 770, 771, 772, 774, 787, 
and 799 is revised to read as follows:

    Authority: Pub. L. 90-351, 82 Stat. 197 (18 U.S.C. 2510 et 
seq.), as amended; sec. 101, Pub. L. 93-153, 87 Stat. 576 (30 U.S.C. 
185), as amended; sec. 103, Pub. L. 94-163, 89 Stat. 877 (42 U.S.C. 
6212), as amended; secs. 201 and 201(11)(e), Pub. L. 94-258, 90 
Stat. 309 (10 U.S.C. 7420 and 7430(e)), as amended; Pub. L. 95-223, 
91 Stat. 1626 (50 U.S.C. 1701 et seq.); Pub. L. 95-242, 92 Stat. 120 
(22 U.S.C. 3201 et seq. and 42 U.S.C. 2139a); sec. 208, Pub. L. 95-
372, 92 Stat. 668 (43 U.S.C. 1354); Pub. L. 96-72, 93 Stat. 503 (50 
U.S.C. App. 2401 et seq.), as amended (extended by Pub. L. 103-10, 
107 Stat. 40); sec. 125, Pub. L. 99-64, 99 Stat. 156 (46 U.S.C. 
466c); E.O. 11912 of April 13, 1976 (41 FR 15825, April 15, 1976); 
E.O. 12002 of July 7, 1977 (42 FR 35623, July 7, 1977), as amended; 
E.O. 12058 of May 11, 1978 (43 FR 20947, May 16, 1978); E.O. 12214 
of May 2, 1980 (45 FR 29783, May 6, 1980); E.O. 12735 of November 
16, 1990 (55 FR 48587, November 20, 1990), as continued by Notice of 
November 12, 1993 (58 FR 60361, November 15, 1993); E.O. 12867 of 
September 30, 1993 (58 FR 51747, October 4, 1993); and E.O. 12868 of 
September 30, 1993 (58 FR 51749, October 4, 1993).

    2. The authority citation for 15 CFR parts 773, 775, 778, 779, and 
785 is revised to read as follows:

    Authority: Pub. L. 90-351, 82 Stat. 197 (18 U.S.C. 2510 et 
seq.), as amended; Pub. L. 95-223, 91 Stat. 1626 (50 U.S.C. 1701 et 
seq.); Pub. L. 95-242, 92 Stat. 120 (22 U.S.C. 3201 et seq. and 42 
U.S.C. 2139a); Pub. L. 96-72, 93 Stat. 503 (50 U.S.C. App. 2401 et 
seq.), as amended (extended by Pub. L. 103-10, 107 Stat. 40); E.O. 
12002 of July 7, 1977 (42 FR 35623, July 7, 1977), as amended; E.O. 
12058 of May 11, 1978 (43 FR 20947, May 16, 1978); E.O. 12214 of May 
2, 1980 (45 FR 29783, May 6, 1980); E.O. 12735 of November 16, 1990 
(55 FR 48587, November 20, 1990), as continued by Notice of November 
12, 1993 (58 FR 60361, November 15, 1993); E.O. 12867 of September 
30, 1993 (58 FR 51747, October 4, 1993); and E.O. 12868 of September 
30, 1993 (58 FR 51749, October 4, 1993).

    3. The authority citation for 15 CFR part 776 continues to read as 
follows:

    Authority: Pub. L. 90-351, 82 Stat. 197 (18 U.S.C. 2510 et 
seq.), as amended; Pub. L. 95-223, 91 Stat. 1626 (50 U.S.C. 1701 et 
seq.); Pub. L. 95-242, 92 Stat. 120 (22 U.S.C. 3201 et seq. and 42 
U.S.C. 2139a); Pub. L. 96-72, 93 Stat. 503 (50 U.S.C. App. 2401 et 
seq.), as amended (extended by Pub. L. 103-10, 107 Stat. 40); sec. 
125, Pub. L. 99-64, 99 Stat. 156 (46 U.S.C. 466c); E.O. 12002 of 
July 7, 1977 (42 FR 35623, July 7, 1977), as amended; E.O. 12058 of 
May 11, 1978 (43 FR 20947, May 16, 1978); E.O. 12214 of May 2, 1980 
(45 FR 29783, May 6, 1980); E.O. 12735 of November 16, 1990 (55 FR 
48587, November 20, 1990), as continued by Notice of November 12, 
1993 (58 FR 60361, November 15, 1993); E.O. 12867 of September 30, 
1993 (58 FR 51747, October 4, 1993); and E.O. 12868 of September 30, 
1993 (58 FR 51749, October 4, 1993).

PART 770--[AMENDED]

    4. Supplement No. 1 to part 770 is amended:
    a. By removing and reserving the entry for ``Country Group W'';
    b. By revising the entry for ``Country Group Y''; and
    c. By adding a NOTE at the end of the Supplement to read as 
follows:

Supplement No. 1--Country Groups

* * * * *

Country Group W [Reserved]

Country Group Y

Albania
Armenia
Azerbaijan
Belarus
Bulgaria
Cambodia
Estonia
Georgia
Kazakhstan
Kyrgyzstan
Laos
Latvia
Lithuania
Moldova
Mongolia
Russia
Tajikistan
Turkmenistan
Ukraine
Uzbekistan
Vietnam
* * * * *
    Note: Contact the Office of Foreign Assets Control (OFAC), U.S. 
Department of the Treasury, (202) 266-2500, before exporting to 
Libya, Iraq, Haiti, or the Federal Republic of Yugoslavia (Serbia 
and Montenegro).

PART 771--[AMENDED]

    5. Section 771.20 is amended by revising the second sentence of 
paragraph (b) to read as follows:


Sec. 771.20  General License GLX: Exports to Country Groups QWY and the 
People's Republic of China.

* * * * *
    (b) * * * Likelihood of approval notes that apply only to the PRC, 
or to specified destinations in Country Group Y also qualify for this 
general license to eligible destinations (however, those notes 
indicating Country Group Q or W only, are specifically not eligible). * 
* *
* * * * *
    6. Section 771.23 is amended by revising the sixth sentence of 
paragraph (c) to read as follows:


Sec. 771.23  General License GFW.

* * * * *
    (c) * * * In addition, GFW may be used to export to eligible 
countries any commodities (but not software) eligible under Sec. 771.20 
for General License GLX. * * *
* * * * *

Supplement No. 1 to Part 771 [Amended]

    7. Supplement No. 1 to part 771 is amended under category 4 by 
removing the entry ``4A03.c (having a CTP of 1,000 MTOPS or less)'', 
revising the entry ``4A03A.h (having a 3-D vector rate less than 3M 
vectors/sec.)'' to read ``4A03A.d (having a 3-D vector rate less than 
3M vectors/sec.)'', and revising the entry ``4A03A.k'' to read 
``4A03A.f''.

PART 772--[AMENDED]

    8. Section 772.11 is amended:
    a. By removing the phrase ``Yugoslav End-Use Certificate,'' in 
paragraph (h)(2)(i); and
    b. By revising the introductory text of paragraph (k)(1) to read as 
follows:


Sec. 772.11  Amending export licenses.

* * * * *
    (k) * * * (1) Change in party or increase in net quantity not in 
accordance with current supporting document. The applicant shall obtain 
a new or appropriately amended International Import Certificate 
(Sec. 775.3 of this subchapter), People's Republic of China End-User 
Certificate (Sec. 775.6 of this subchapter), Indian Import Certificate 
(Sec. 775.7 of this subchapter), or Bulgarian, Czech, Hungarian, 
Polish, Romanian, or Slovak Import Certificate (Sec. 775.8 of this 
subchapter) before submitting a request to amend an export license by 
proposing to change any party to the transaction named on the license 
or by increasing the net quantity set forth on the license if the 
proposed change is not in accordance with the current supporting 
document covering the license. The original copy of the new or amended 
certificate shall be:
* * * * *

PART 773--[AMENDED]

    9. Section 773.3 is amended as follows:
    a. By removing and reserving paragraph (h); and
    b. By removing paragraph (j)(2)(ii) and redesignating paragraph 
(j)(2)(iii) as paragraph (j)(2)(ii).
    10. Section 773.7 is amended as follows:
    a. By revising paragraph (d)(1)(iii);
    b. By removing and reserving paragraph (e);
    c. By removing the fifth sentence from paragraph (k), introductory 
text.


Sec. 773.7  Service Supply Procedure.

* * * * *
    (d) * * *
    (1) * * *
    (iii) Documents waived. An application for a Service Supply License 
(SL) need not be supported by the Import Certificate or Consignee/
Purchaser Statement otherwise required under Secs. 775.2 or 775.3 of 
this subchapter.
* * * * *


Sec. 773.8  [Amended]

    11. In Sec. 773.8, paragraph (d)(1) is amended by revising the 
phrase ``an Import Certificate, a consignee/purchaser statement, or a 
Yugoslav End-Use Certificate to'' to read ``an Import Certificate or a 
consignee/purchaser statement to''.

Supplement No. 3 to Part 773 [Amended]

    12. Supplement No. 3 to part 773 is amended by removing the term 
``Yugoslavia,''.

PART 774--[AMENDED]

    13. Section 774.3 is amended by revising paragraph (c)(1)(ii) to 
read as follows:


Sec. 774.3  How to request reexport authorization.

* * * * *
    (c) * * *
    (1) * * *
    (ii) If the required document is a People's Republic of China End-
User Certificate, a Singapore Import Certificate and Delivery 
Verification, or a Indian Import Certificate, and the same document 
must be furnished to the export control authorities of the country from 
which the reexport will be made, the Office of Export Licensing will 
permit the applicant to submit or to retain on file, as appropriate 
(see Sec. 774.3(c)(1)(i)), a reproduced copy of the document being 
furnished to the country of reexport. If the required documentation 
cannot be obtained, a waiver may be requested in accordance with the 
applicable provisions of the Export Administration Regulations (15 CFR 
parts 730-799). (See Sec. 775.7(c) of this subchapter for waiver of an 
Indian Import Certificate.)
* * * * *

PART 775--[AMENDED]


Sec. 775.1  [Amended]

    14. In Sec. 775.1, in the table in paragraph (b) is amended, as 
follows:
    a. By removing entry 3.;
    b. By redesignating entries 4. through 7. as entries number 3. 
through 6., respectively;
    c. By revising the phrase ``Czech Republic, Hungary, Poland, or 
Slovak Republic'' in the second column for newly designated entry 5. to 
read ``Bulgaria, Czech Republic, Hungary, Poland, Romania, or Slovak 
Republic''; and
    d. By revising the phrase ``Czech Republic, Hungary, Poland, or 
Slovak Republic'' in footnote 1 to the table to read ``Bulgaria, Czech 
Republic, Hungary, Poland, Romania, or Slovak Republic''.
    15. Section 775.2 is amended by revising paragraph (b)(1) to read 
as follows:


Sec. 775.2  Form BXA-629P, statement by ultimate consignee and 
purchaser.

* * * * *
    (b) * * *
    (1) An International Import Certificate (Sec. 775.3), a People's 
Republic of China End-User Certificate (Sec. 775.6), an Indian Import 
Certificate (Sec. 775.7), or a Bulgarian, Czech, Hungarian, Polish, 
Romanian, or Slovak Import Certificate (Sec. 775.8) is required in 
support of the application.
* * * * *
    16. Section 775.3 is amended by revising paragraph (b) introductory 
text and footnote 1 to read as follows:


Sec. 775.3  International import certificate and delivery verification 
certificate.

* * * * *
    (b) Destinations. The following country destinations are subject to 
the International Import Certificate/Delivery Verification Certificate 
System requirements:\1\
* * * * *
    \1\See Sec. 775.6 for People's Republic of China End-Use 
Certificate requirements, Sec. 775.7 for Indian Import Certificate 
requirements, and Sec. 775.8 for Bulgarian, Czech, Hungarian, 
Polish, Romanian, or Slovak Import Certificate requirements.


Sec. 775.5  [Removed]

    17. Section 775.5 is removed and reserved.
    18. Section 775.8 is amended:
    a. By revising the section heading;
    b. By revising the first sentence of paragraph (a);
    c. By revising paragraph (b)(2); and
    d. By revising the first sentence of paragraph (e) to read as 
follows:


Sec. 775.8  Bulgarian, Czech, Hungarian, Polish, Romanian, or Slovak 
Import Certificates.

    (a) Requirements. License applications to export or reexport items 
identified by the code letter ``A'' on the Commerce Control List to 
Bulgaria, the Czech Republic, Hungary, Poland, Romania, or the Slovak 
Republic must be accompanied by the original Import Certificate issued 
by the appropriate ministry listed in Supplement No. 1 of this part 
775. * * *
    (b) * * *
    (2) Temporary export. An Import Certificate need not be submitted 
to support a license application to export commodities or software for 
temporary exhibition, demonstration, or testing purposes in Bulgaria, 
the Czech Republic, Hungary, Poland, Romania, or the Slovak Republic.
* * * * *
    (e) Delivery Verification. The Office of Export Licensing will, on 
a selective basis, require Delivery Verification documents for 
shipments to Bulgaria, the Czech Republic, Hungary, Poland, Romania, 
and the Slovak Republic that are subject to the Import Certificate 
procedure. * * *
    19. Section 775.10 is amended:
    a. By revising the introductory text;
    b. By revising the first sentence of paragraph (a);
    c. By revising the first sentence of paragraph (b);
    d. By revising the heading and the introductory text of paragraph 
(c)(2);
    e. By revising the paragraph (c)(3);
    f. By revising the first sentence of paragraph (d);
    g. By revising the introductory text of paragraph (f);
    h. By redesignating footnote number 4 as footnote number 3, as 
referenced in the heading to paragraph (g);
    i. By revising the introductory text of paragraph (g)(1);
    j. By revising the introductory text of paragraph (g)(2)(i);
    k. By revising paragraph (g)(2)(ii); and
    l. By revising the introductory text of paragraph (h)(1), to read 
as follows:


Sec. 775.10  Special provisions.

    The following special provisions apply as indicated to consignee/
purchaser statements, International Import Certificates, Delivery 
Verification Certificates, People's Republic of China End-User 
Certificates, Indian Import Certificates, and Bulgarian, Czech, 
Hungarian, Polish, Romanian, or Slovak Import Certificates, and other 
documents submitted in support of export license applications.
    (a) Coded terms and translation requirements. All abbreviations, 
coded terms, or other expressions on consignee/purchaser statements, 
International Import Certificates, Delivery Verification Certificates, 
People's Republic of China End-User Certificates, Indian Import 
Certificates, and Bulgarian, Czech, Hungarian, Polish, Romanian, or 
Slovak Import Certificates, and other documents having special 
significance in the trade or to the parties to the transaction must be 
explained on an attachment to the document. * * *
    (b) Validity period. When a People's Republic of China End-User 
Certificate, Indian Import Certificate, Bulgarian, Czech, Hungarian, 
Polish, Romanian, or Slovak Import Certificate, or an International 
Import Certificate is obtained in support of one or more export license 
applications, the applicant must submit the first application to be 
supported by such certificate to the Office of Export Licensing (OEL) 
within the validity period shown on the Certificate or 6 months from 
the date of the Certificate was issued, whichever is shorter. * * *
    (c) * * *
    (2) International Import Certificate, Indian Import Certificate, 
and the Bulgarian, Czech, Hungarian, Polish, Romanian, or Slovak Import 
Certificate. Whenever the requirement for an International Import 
Certificate, Indian Import Certificate, or a Bulgarian, Czech, 
Hungarian, Polish, Romanian, or Slovak Import Certificate for any 
commodity is imposed or extended by virtue of one of the following:
* * * * *
    (3) People's Republic of China End-User Certificate. Whenever the 
submission requirement for a People's Republic of China End-User 
Certificate is imposed or extended to any commodity on the Commerce 
Control List by the addition of Country Group V to the ``Validated 
License Required'' paragraph in the applicable entry on the Commerce 
Control List, a license application to export such commodity need not 
conform to the submission requirement for 45 days from the date such 
commodity becomes subject to the requirement.
    (d) Applicant's responsibility for full disclosure. In obtaining a 
consignee/purchaser statement, International Import Certificate, 
People's Republic of China End-User Certificate, Indian Import 
Certificate, and Bulgarian, Czech, Hungarian, Polish, Romanian, or 
Slovak Import Certificate, the applicant is not relieved of the 
responsibility for full disclosure of any other information concerning 
the ultimate destination and end-use that the applicant has knowledge 
or belief, even if inconsistent with the representations set forth in 
the documents listed in this paragraph      (d). * * *
* * * * *
    (f) Request for return of certificates. A U.S. exporter may be 
requested by a foreign importer to return an unused or partially used 
International Import Certificate, People's Republic of China End-User 
Certificate, Indian Import Certificate, or Bulgarian, Czech, Hungarian, 
Polish, Romanian, or Slovak Import Certificate. To meet such requests, 
exporters should adhere to the following procedures:
* * * * *
    (g) * * *
    (1) Change in consignee or purchaser. The applicant must obtain a 
new Statement by Ultimate Consignee and Purchaser, or an appropriately 
amended International Import Certificate, People's Republic of China 
End-User Certificate, Indian Import Certificate, or Bulgarian, Czech, 
Hungarian, Polish, Romanian, or Slovak Import Certificate before 
submitting a request for an amendment of an export license that 
proposes a change in consignee or purchaser in the transaction named in 
the export license if the proposed amendment is not in accordance with 
the Statement or Certificate already on file with the applicant or the 
Office of Export Licensing. The original copy of the new Statement or 
Certificate be:
* * * * *
    (2) * * * (i) Increase not supported by existing Statement or 
Certificate obtained in support of license application. The applicant 
shall obtain a new Statement by Ultimate Consignee and Purchaser, or an 
appropriately amended International Import Certificate, People's 
Republic of China End-User Certificate, Indian Import Certificate, or 
Bulgarian, Czech, Hungarian, Polish, Romanian, or Slovak Import 
Certificate before submitting a request for an amendment of an export 
license that proposes any increase in the quantity set forth in the 
export license if the proposed amendment is not in accordance with the 
Statement or Certificate already on file with the applicant or the 
Office of Export Licensing. The original copy of the new Statement or 
Certificate shall be:
* * * * *
    (ii) Increase supported by existing Statement or Certificate 
obtained in support of license application. (A) If a proposed 
quantitative amendment is in accordance with the single transaction 
Statement by Ultimate Consignee or Purchaser or Certificate obtained by 
the applicant in support of the original export license application, 
the amendment shall include the following certification, as 
appropriate:

    I (We) certify that this request for amendment of export license 
number __________, if granted, will not exceed the total quantity 
covered by the Statement By Ultimate Consignee and Purchaser against 
which this export license was issued.
    I (We) certify that this request for amendment of export license 
number __________, if granted, will not exceed the total quantity 
authorized under the (name of country) International Import 
Certificate, People's Republic of China End-User Certificate, Indian 
Import Certificate, or Bulgarian, Czech, Hungarian, Polish, 
Romanian, or Slovak Import Certificate number __________.

    (B) Where the export license is based on a multiple transactions 
Statement by Ultimate Consignee and Purchaser, an additional Statement 
is not required from the consignee or purchaser to support a proposed 
license amendment for an increase in quantity. In lieu thereof, the 
following certification shall be placed on the amendment request:

    I (We) certify that the license listed above is supported by a 
Statement by Ultimate Consignee and Purchaser.

    (h) * * * (1) Types of request. A request for exception to a 
requirement for obtaining an International Import Certificate, People's 
Republic of China End-User Certificate, Indian Import Certificate, or 
Bulgarian, Czech, Hungarian, Polish, Romanian, or Slovak Import 
Certificate4 may involve either a single transaction or, where the 
reason necessitating the request is continuing in nature, multiple 
transactions.
---------------------------------------------------------------------------

    \4\ See Sec. 775.2(c) for exceptions to the consignee/purchaser 
statement requirement where applicant is unable to obtain this 
statement.
---------------------------------------------------------------------------

* * * * *
    20. Supplement No. 1 to part 775 is amended:
    a. By adding in alphabetical order an entry for ``Bulgaria'';
    b. By revising the phrase ``Deputy Chief Controller of Imports and 
Exports'' under the entry ``India'', in the second column, to read 
``Deputy Director General of Foreign Trade'';
    c. By adding in alphabetical order an entry for ``Romania''; and
    d. By removing the entry for ``Yugoslavia'', to read as follows:
    e. By revising footnote at the end of the table, to read as 
follows:

 Supplement No. 1--Authorities Administering Import Certificate/Delivery
                Verification System in Foreign Countries1               
                    [See footnotes at end of table]                     
------------------------------------------------------------------------
                                                               System   
   Country                 IC/DV authorities               administered2
------------------------------------------------------------------------
                                  *****                                 
Bulgaria.....  Ministry of Trade, 12 Al. Batenberg, 1000   IC/DV        
                Sofia, Bulgaria.                                        
                                                                        
                                  *****                                 
Romania......  National Export Control Agency, Ministry    IC/DV        
                of Trade, 17 Apolodor Street, Bucharest,                
                Romania.                                                
                                                                        
                                 *****                                  
------------------------------------------------------------------------
\1\Facsimiles of Import Certificates and Delivery Verifications issued  
  by each of these countries may be inspected at the Bureau of Export   
  Administration Western Regional Office, 300 Irvine Avenue, Suite 345, 
  Newport Beach, California 92660-3198 or at any U.S. Department of     
  Commerce District Office (see listing on page (ii) under District     
  Office Addresses) or at the Office of Export Licensing, room 1099D,   
  U.S. Department of Commerce, 14th Street and Pennsylvania Avenue, NW.,
  Washington, DC 20230. Copies are not available.                       
\2\1C--Import Certificate and/or DV--Delivery Verification.             

PART 776--[AMENDED]

    21. Section 776.10 is amended by revising paragraph (a)(2) to read 
as follows:


Sec. 776.10  Electronic computers and related equipment.

* * * * *
    (a) * * *
    (2) Special documentation requirements. Applications to export or 
reexport computers or related equipment that are described in Advisory 
Note 6 to Category 4, or that exceed any of the limits in Advisory 
Notes 3 or 6 to Category 4, must include:
    (i) A signed statement by a responsible representative of the end-
user or the importing agency describing the end-use and certifying that 
the ``digital'' computers or related equipment:
    (A) Will be used only for civil applications; and
    (B) Will not be reexported or otherwise disposed of without prior 
written authorization from the Office of Export Licensing;
    (ii) A full description of the equipment and its intended 
application and workload; and
    (iii) A complete identification of all end-users and their 
activities.
* * * * *
    22. Section 776.11 is amended by revising paragraph (f)(6)(i)(D) 
and by revising paragraph (f)(6)(ii)(A) to read as follows:


Sec. 776.11  Supercomputers.

* * * * *
    (f) * * *
    (6) * * *
    (i) * * *
    (D) Bulgarian, Czech Republic, Hungarian, Polish, Romanian, or 
Slovak Republic Import Certificates--see Sec. 775.8 of this subchapter.
     (ii) * * *
    (A) Bulgaria, Czech Republic, Hungary, Poland, Romania, and Slovak 
Republic. Reproduced copies of the Bulgarian, Czech, Hungarian, Polish, 
Romanian, and Slovak Import Certificates;
* * * * *

PART 778--[AMENDED]

    23. Supplement No. 5 to part 778 is revised to read as follows:

Supplement No. 5--to Part 778--Dual-Use Chemical and Biological 
Equipment; Reguibs, Countries, and Other Destinations

Armenia
Azerbaijan
Bulgaria
Belarus
China
Cuba
Georgia
Kazakhstan
 Kyrgyzstan
Middle East1
---------------------------------------------------------------------------

    \1\ See Sec. 770.2 of this subchapter for definition.
---------------------------------------------------------------------------

Moldova
Mongolia
Myanmar (Burma)
North Korea
Russia
Romania
South Africa
Southwest Asia2
---------------------------------------------------------------------------

    \2\ See footnote 1.
---------------------------------------------------------------------------

Taiwan
Tajikistan
Turkmenistan
Ukraine
Uzbekistan
Vietnam

PART 779--[AMENDED]

    24. Section 779.4 is amended by revising paragraph (f)(1)(i) and 
Footnote 10 to read as follows:


Sec. 779.4  General license GTDR: Technical data under restriction.

* * * * *
    (f) * * *
    (1) * * *
    (i) Reexport, directly or indirectly, to Country Group Q, S, W,\10\ 
Y, or Z, or the People's Republic of China any technical data relating 
to commodities controlled to Country Group W as described in the 
paragraph titled ``Validated License Required'' of any entry of the 
Commerce Control List;
---------------------------------------------------------------------------

    \10\Effective April 26, 1971, Country Group W no longer included 
Romania. Assurances executed prior to April 26, 1971, that refer to 
Country Group W continue to apply to Romania. On May 8, 1992, 
Hungary was removed from Country Group W. Assurances are no longer 
applicable to Hungary. On May 9, 1994, Poland, the Czech Republic, 
and the Slovak Republic were moved from Country Group W to Country 
Group V. Assurances are no longer applicable to Poland, the Czech 
Republic and the Slovak Republic.
---------------------------------------------------------------------------

* * * * *


Sec. 779.5  [Amended]

    25. Section 779.5 is amended by revising the phrase ``the Czech 
Republic, Hungary, Poland, and the Slovak Republic'' in paragraph 
(a)(3) to read ``Bulgaria, the Czech Republic, Hungary, Poland, 
Romania, and the Slovak Republic''.

PART 785--[AMENDED]

    26. Section 785.2 is amended:
    a. By revising paragraph (a)(1), removing paragraph (a)(3) and 
redesignating paragraph (a)(4) as paragraph (a)(3);
    b. By revising paragraph (b);
    c. By revising paragraph (c), to read as follows:


Sec. 785.2  Country Groups Q, W, and Y\2\: Geographic area of the 
former U.S.S.R., Eastern Europe, Mongolia, Cambodia, Laos, and Vietnam.
---------------------------------------------------------------------------

    \2\See Supplement No. 1 to part 770 of this subchapter for 
listing of Country Groups.
---------------------------------------------------------------------------

    (a)(1) The Export Administration Act of 1979, as amended (EAA) 
states that it is the policy of the United States to encourage trade 
with all countries with which we have diplomatic or trading relations, 
except those countries with which such trade has been determined by the 
President to be against the national interest. The Act also states that 
it is the policy of the United States to restrict the export of goods 
and technical data that would make a significant contribution to the 
military potential of any other country or combination of countries 
that would prove detrimental to the national security of the United 
States. Accordingly, and in compliance with the other sections of the 
EAA, the Department conducts a continuing review of commodities and 
technical data to assure that prior approval is required for the export 
or reexport of U.S.-origin commodities and technical data to Albania, 
Armenia, Azerbaijan, Bulgaria, Belarus, Estonia, Georgia, Kazakhstan, 
Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Russia, Romania, 
Tajikistan, Turkmenistan, Ukraine, Uzbekistan and Vietnam only if the 
commodities or technical data have a potential for being used in a 
manner that would prove detrimental to the national security of the 
United States. The general policy of the Department is to approve 
applications or requests to export or reexport such commodities and 
technical data to these destinations when the Department determines, on 
a case-by-case basis, that the commodities or technical data are for 
civilian use or would otherwise not make a significant contribution to 
the military potential of the country of destination that would prove 
detrimental to the national security of the United States. However, in 
recognition of efforts made to adopt safeguard measures for exports, 
Bulgaria, Latvia, Kazakhstan, Lithuania, Mongolia, and Russia are 
accorded enhanced favorable consideration licensing treatment.
* * * * *
    (b) See parts 776 and 778 of this subchapter for foreign policy 
based controls governing exports to Country Groups Q, W, and Y.
    (c) Country Group Q. Romania (Country Group Q) has been determined 
to present a lesser strategic threat, and has adopted safeguard 
measures to protect against the diversion of national security 
controlled items. In recognition of these facts, the Commerce Control 
List includes several Advisory Notes that indicate likelihood of 
approval or favorable consideration for export to satisfactory end-
users in Country Group Q. Items not eligible for favorable 
consideration will be reviewed on a case-by-case basis.
* * * * *

PART 787--[AMENDED]

    27. In Sec. 787.13, paragraphs (e)(2)(ii)(B) and (e)(2)(ii)(C) are 
revised to read as follows:


Sec. 787.13  Recordkeeping.

* * * * *
    (e) * * *
    (2) * * *
    (ii) * * *
    (B) Records required for exports under the Distribution License, as 
required by Sec. 773.3 of this subchapter;
    (C) Records required for exports under the Service Supply 
Procedure, as required by Sec. 773.7 of this subchapter;
* * * * *

PART 799--[AMENDED]

Supplement No. 1 to Sec. 799.1--[Amended]

    28. In Supplement No. 1 to Sec. 799.1, in Category 2 (Materials 
Processing), under the heading ``Notes for Category 2'' following ECCN 
2E96G, Advisory Note 4 is removed and reserved.
    29. In Category 3, ECCN 3A01A is revised to read as follows:


3A01A  Electronic devices and components.

Requirements

    Validated License Required: QSTVWYZ.
    Unit: Number.
    Reason for Control: NS, MT, NP (see Notes).
    GLV: $1,500: 3A01.c, $3,000: 3A01.b.1 to b.3, 3A01.d to 3A01.f, 
$5,000: 3A01.a, 3A01.b.4 to b.7.
    GCT: Yes, except 3A01.a.1 and 3A01.e.5 (see Notes).
    GFW: Yes, except 3A01.a.1, 3A01.b.1 and b.3 to b.7, 3A01.c to f.
    GNSG: Yes, except Bulgaria, Romania, or Russia, for 3A01.e.5 only 
(see Notes).

    Notes: 1. MT controls apply to 3A01.a.1.a. 2. NP controls apply 
to 3A01.e.5.

List of Items Controlled

    a. General purpose integrated circuits, as follows:

    Note 1: The control status of wafers (finished or unfinished), 
in which the function has been determined, is to be evaluated 
against the parameters of 3A01.a.

    Note 2: Integrated circuits include the following types: 
``Monolithic integrated circuits''; ``Hybrid integrated circuits''; 
``Multichip integrated circuits''; ``Film type integrated 
circuits'', including silicon-on-sapphire integrated circuits; 
``Optical integrated circuits''.

    a.1. Integrated circuits, designed or rated as radiation hardened 
to withstand either of the following:
    a.1.a. A total dose of 5 x 105 Rads (Si), or higher; or
    a.1.b. A dose rate upset of 5 x 108 Rads (Si)/s or higher;
    a.2. Integrated circuits described in 3A01.a.3 to a.10 or 
3A01.a.12, as follows:
    a.2.a. Rated for operation at an ambient temperature above 398 K 
(+125  deg.C);
    a.2.b. Rated for operation at an ambient temperature below 218 K 
(-55  deg.C); or
    a.2.c. Rated for operation over the entire ambient temperature 
range from 218 K (-55  deg.C) to 398 K (+125  deg.C);

    Note: 3A01.a.2 does not apply to integrated circuits for civil 
automobile or railway train applications.

    a.3. ``Microprocessor microcircuits'', ``microcomputer 
microcircuits'' and microcontroller microcircuits, having any of the 
following:

    Note: 3A01.a.3 includes digital signal processors, digital array 
processors and digital coprocessors.

    a.3.a. An arithmetic logic unit with an access width of 32 bit or 
more and a ``composite theoretical performance'' (``CTP'') of 80 
million theoretical operations per second (Mtops) or more;
    a.3.b. Manufactured from a compound semiconductor and operating a 
clock frequency exceeding 40 MHz; or
    a.3.c. More than one data or instruction bus or serial 
communication port for external interconnection in a parallel processor 
with a transfer rate exceeding 2.5 Mbyte/s;
    a.4. Electrically erasable programmable read-only memories 
(EEPROMs), static random-access memories (SRAMs), and storage 
integrated circuits manufactured from a compound semiconductor, as 
follows:
    a.4.a. Electrically erasable programmable read-only memories 
(EEPROMs) with a storage capacity:
    a.4.a.1. Exceeding 16 Mbit per package for flash memory types; or
    a.4.a.2. Exceeding either of the following limits for all other 
EEPROM types:
    a.4.a.2.a. 4 Mbit per package; or
    a.4.a.2.b. 1 Mbit per package and having a maximum access time of 
less than 80 ns;
    a.4.b. Static random-access memories (SRAMs) with a storage 
capacity:
    a.4.b.1. Exceeding 4 Mbit per package; or
    a.4.b.2. Exceeding 1 Mbit per package and having a maximum access 
time of less than 20 ns;
    a.4.c. Storage integrated circuits manufactured from a compound 
semiconductor;
    a.5. Analog-to-digital and digital-to-analog converter integrated 
circuits, as follows:
    a.5.a. Analog-to-digital converters having any of the following:
    a.5.a.1. A resolution of 8 bits or more, but less than 12 bits, 
with a total conversion time to maximum resolution of less than 10 ns;
    a.5.a.2. A resolution of 12 bits with a total conversion time to 
maximum resolution of less than 200 ns; or
    a.5.a.3. A resolution of more than 12 bits with a total conversion 
time to maximum resolution of less than 2 microseconds;
    a.5.b. Digital-to-analog converters with a resolution of 12 bits or 
more, and a ``settling time'' of less than 10 ns;
    a.6. Electro-optical or ``optical integrated circuits'' for 
``signal processing'' having all of the following:
    a.6.a. One or more internal ``laser'' diodes;
    a.6.b. One or more internal light detecting elements; and
    a.6.c. Optical waveguides;
    a.7. Field programmable gate arrays having either of the following:
    a.7.a. An equivalent usable gate count of more than 30,000 (2 input 
gates); or
    a.7.b. A typical ``basic gate propagation delay time'' of less than 
0.4 ns;
    a.8. Field programmable logic arrays having either of the 
following:
    a.8.a. An equivalent usable gate count of more than 30,000 (2 input 
gates); or
    a.8.b. A toggle frequency exceeding 133 MHz;
    a.9. Neural network integrated circuits;
    a.10. Custom integrated circuits for which either the function is 
unknown, or the control status of the equipment in which the integrated 
circuits will be used is unknown to the manufacturer, having any of the 
following:
    a.10.a. More than 144 terminals;
    a.10.b. A typical ``basic gate propagation delay time'' of less 
than 0.4 ns; or
    a.10.c. An operating frequency exceeding 3 GHz;
    a.11. Digital integrated circuits, other than those described in 
3A01.a.3 to a.10 or 3A01.a.12, based upon any compound semiconductor 
and having either of the following:
    a.11.a. An equivalent gate count of more than 300 (2 input gates); 
or
    a.11.b. A toggle frequency exceeding 1.2 GHz;
    a.12. Fast Fourier Transform (FFT) processors having any of the 
following characteristics:
    a.12.a. A rated execution time for a 1,024-point complex FFT of 
less than 1 ms;
    a.12.b. A rated execution time for an N-point complex FFT of other 
than 1,024 points of less than N log2 N/10,240 ms, where N is the 
number of points; or
    a.12.c. A butterfly throughput of more than 5.12 MHz;
    b. Microwave or millimeter wave devices:
    b.1. Electronic vacuum tubes and cathodes, as follows: (For 
frequency agile magnetron tubes, see ITAR Category 11.)

    Note: 3A01.b.1 does not control tubes designed or rated to 
operate in the Standard Civil Telecommunications Bands at 
frequencies not exceeding 31 GHz.

    b.1.a. Travelling wave tubes, pulsed or continuous wave, as 
follows:
    b.1.a.1. Operating at frequencies higher than 31 GHz;
    b.1.a.2. Having a cathode heater element with a turn on time to 
rated RF power of less than 3 seconds;
    b.1.a.3. Coupled cavity tubes, or derivatives thereof, with an 
``instantaneous bandwidth'' of more than 7 percent or a peak power 
exceeding 2.5 kW;
    b.1.a.4. Helix tubes, or derivatives thereof, with any of the 
following characteristics:
    b.1.a.4.a. An ``instantaneous bandwidth'' of more than one octave, 
and average power (expressed in kW) times frequency (expressed in GHz) 
of more than 0.5;
    b.1.a.4.b. An ``instantaneous bandwidth'' of one octave or less, 
and average power (expressed in kW) times frequency (expressed in GHz) 
of more than 1; or
    b.1.a.4.c. ``Space qualified'';
    b.1.b. Crossed-field amplifier tubes with a gain of more than 17 
dB;
    b.1.c. Impregnated cathodes for electronic tubes, with either of 
the following:
    b.1.c.1. A turn on time to rated emission of less than 3 seconds; 
or
    b.1.c.2. Producing a continuous emission current density at rated 
operating conditions exceeding 5 A/cm2;
    b.2. Microwave integrated circuits or modules containing 
``monolithic integrated circuits'' operating at frequencies exceeding 3 
GHz;

    Note: 3A01.b.2 does not control circuits or modules for 
equipment designed or rated to operate in the Standard Civil 
Telecommunications Bands at frequencies not exceeding 31 GHz.

    b.3. Microwave transistors rated for operation at frequencies 
exceeding 31 GHz;
    b.4. Microwave solid state amplifiers:
    b.4.a. Operating at frequencies exceeding 10.5 GHz and having an 
``instantaneous bandwidth'' of more than half an octave; or
    b.4.b. Operating at frequencies exceeding 31 GHz;
    b.5. Electronically or magnetically tunable band-pass or band-stop 
filters having more than 5 tunable resonators capable of tuning across 
a 1.5:1 frequency band (fmax/fmin) in less than 10 
microseconds with either:
    b.5.a. A band-pass bandwidth of more than 0.5 percent of center 
frequency; or
    b.5.b. A band-stop bandwidth of less than 0.5 percent of center 
frequency;
    b.6. Microwave assemblies capable of operating at frequencies 
exceeding 31 GHz;
    b.7. Mixers and converters designed to extend the frequency range 
of equipment described in 3A02.c, 3A02.e or 3A02.f beyond the control 
limits stated therein;
    c. Acoustic wave devices, as follows, and specially designed 
components therefor:
    c.1. Surface acoustic wave and surface skimming (shallow bulk) 
acoustic wave devices (i.e., ``signal processing'' devices employing 
elastic waves in materials), having any of the following:
    c.1.a. A carrier frequency exceeding 2.5 GHz;
    c.1.b. A carrier frequency of 2.5 GHz or less, and:
    c.1.b.1. A frequency side-lobe rejection exceeding 55 dB;
    c.1.b.2. A product of the maximum delay time and the bandwidth 
(time in microseconds and bandwidth in MHz) of more than 100; or
    c.1.b.3. A dispersive delay of more than 10 microseconds; or
    c.1.c. A carrier frequency exceeding 1 GHz and a bandwidth of 250 
MHz or more;
    c.2. Bulk (volume) acoustic wave devices (i.e., ``signal 
processing'' devices employing elastic waves) which permit the direct 
processing of signals at frequencies exceeding 1 GHz;
    c.3. Acoustic-optic ``signal processing'' devices employing 
interaction between acoustic waves (bulk wave or surface wave) and 
light waves which permit the direct processing of signals or images, 
including spectral analysis, correlation or convolution;
    d. Electronic devices or circuits containing components, 
manufactured from ``superconductive'' materials specially designed for 
operation at temperatures below the ``critical temperature'' of at 
least one of the ``superconductive'' constituents, with any of the 
following:
    d.1. Electromagnetic amplification:
    d.1.a. At frequencies equal to or less than 31 GHz with a noise 
figure of less than 0.5 dB; or
    d.1.b. At frequencies exceeding 31 GHz;
    d.2. Current switching for digital circuits using 
``superconductive'' gates with a product of delay time per gate (in 
seconds) and power dissipation per gate (in watts) of less than 
10-14 J; or
    d.3. Frequency selection at all frequencies using resonant circuits 
with Q-values exceeding 10,000;
    e. High energy devices, as follows:
    e.1. Batteries, as follows:

    Note: 3A01.e.1 does not control batteries with volumes equal to 
or less than 27 cm3 (e.g., standard C-cells or R-14 batteries).

    e.1.a. Primary cells and batteries having an energy density 
exceeding 480 Wh/kg and rated for operation in the temperature range 
from below 243 K (-30  deg.C) to above 343 K (70  deg.C);
    e.1.b. Rechargeable cells and batteries having an energy density 
exceeding 150 Wh/kg after 75 charge/discharge cycles at a discharge 
current equal to C/5 hours (C being the nominal capacity in ampere 
hours) when operating in the temperature range from below 253 K (-20 
deg.C) to above 333 K (60  deg.C);

    Technical Note: Energy density is obtained by multiplying the 
average power in watts (average voltage in volts times average 
current in amperes) by the duration of the discharge in hours to 75 
percent of the open circuit voltage divided by the total mass of the 
cell (or battery) in kg.

    e.1.c. ``Space qualified'' and radiation hardened photovoltaic 
arrays with a specific power exceeding 160 W/m2 at an operating 
temperature of 301 K (28  deg.C) under a tungsten illumination of 1 kW/
m2 at 2,800 K (2,527  deg.C);
    e.2. High energy storage capacitors, as follows:
    e.2.a. Capacitors with a repetition rate of less than 10 Hz (single 
shot capacitors) having all of the following:
    e.2.a.1. A voltage rating equal to or more than 5 kV;
    e.2.a.2. An energy density equal to or more than 250 J/kg; and
    e.2.a.3. A total energy equal to or more than 25 kJ;
    e.2.b. Capacitors with a repetition rate of 10 Hz or more 
(repetition rated capacitors) having all of the following:
    e.2.b.1. A voltage rating equal to or more than 5 kV;
    e.2.b.2. An energy density equal to or more than 50 J/kg;
    e.2.b.3. A total energy equal to or more than 100 J; and
    e.2.b.4. A charge/discharge cycle life equal to or more than 
10,000;
    e.3. ``Superconductive'' electromagnets or solenoids specially 
designed to be fully charged or discharged in less than one second, 
having all of the following:

    Note: 3A01.e.3. does not control ``superconductive'' 
electromagnets or solenoids specially designed for Magnetic 
Resonance Imaging (MRI) medical equipment.

    e.3.a. Energy delivered during the discharge exceeding 10 kJ in the 
first second;
    e.3.b. Inner diameter of the current carrying windings of more than 
250 mm; and
    e.3.c. Rated for a magnetic induction of more than 8 T or ``overall 
current density'' in the winding of more than 300 A/mm2;
    e.4. Circuits or systems for electromagnetic energy storage, 
containing components manufactured from ``superconductive'' materials 
specially designed for operation at temperatures below the ``critical 
temperature'' of at least one of their ``superconductive'' 
constituents, having all of the following:
    e.4.a. Resonant operating frequencies exceeding 1 MHz;
    e.4.b. A stored energy density of 1 MJ/m3 or more; and
    e.4.c. A discharge time of less than 1 ms;
    e.5. Flash discharge type X-ray systems, and tubes therefore, 
having all of the following:
    e.5.a. A peak power exceeding 500 MW;
    e.5.b. An output voltage exceeding 500 kV; and
    e.5.c. A pulse width of less than 0.2 microsecond;
    f. Rotary input type shaft absolute position encoders having either 
of the following:
    f.1. A resolution of better than 1 part in 265,000 (18 bit 
resolution) of full scale; or
    f.2. An accuracy better than  2.5 seconds of arc.

Related ECCNs: * * *

    30. In Category 3, ECCN 3A92F is revised to read as follows:


3A92F  Electronic devices and components not controlled by 3A01.

Requirements

    Validated License Required: SZ, Iran, Syria, South African military 
and police
    Unit: Number
    Reason for Control: FP
    GLV: $0
    GCT: No
    GFW: No

List of Items Controlled

    a. Integrated circuits of the type described in 3A01.a.3 to a.10 or 
a.12. rated for operation at an ambient temperature below 219 K (-54 
deg.C), but not less than 218 K (-55  deg.C);
    b. ``Microprocessor microcircuits'', ``microcomputer 
microcircuits'', and microcontroller microcircuits having a clock 
frequency exceeding 25 MHz, but not exceeding 40 MHz;
    c. Storage integrated circuits not controlled by 3A01, as follows:
    c.1. Electrical erasable programmable read-only memories (EEPROMs) 
with a storage capacity;
    c.1.a. Exceeding 1 Mbit per package; or
    c.1.b. Exceeding 256 kbit per package and a maximum access time of 
less than 80 ns;
    c.2. Static random-access memories (SRAMs) with a storage capacity:
    c.2.a. Exceeding 1 Mbit per package; or
    c.2.b. Exceeding 256 kbit per package and a maximum access time of 
less than 25 ns;
    d. Field programmable logic arrays not controlled by 3A01 having 
either of the following:
    d.1. An equivalent gate count of more than 5,000 (2 input gates); 
or
    d.2. A toggle frequency exceeding 100 MHz;
    e. Travelling wave tubes, pulsed or continuous wave, not controlled 
by 3A01, as follows:
    e.1. Coupled cavity tubes, or derivatives thereof;
    e.2. Helix tubes, or derivatives thereof, with any of the 
following:
    e.2.a.1. An ``instantaneous bandwidth'' of half an octave or more; 
and
    e.2.a.2. The product of the rated average output power (expressed 
in kW) and the maximum operating frequency (expressed in GHz) of more 
than 0.2;
    e.2.b.1. An ``instantaneous bandwidth'' of less than half an 
octave; and
    e.2.b.2. The product of the rated average output power (expressed 
in kW) and the maximum operating frequency (expressed in GHz) of more 
than 0.4;
    f. Flexible waveguides not controlled by 3A01 designed for use at 
frequencies exceeding 40 GHz;
    g. Surface acoustic wave and surface skimming (shallow bulk) 
acoustic wave devices (i.e., ``signal processing'' devices employing 
elastic waves in materials), not controlled by 3A01, having either of 
the following:
    g.1. A carrier frequency exceeding 1 GHz; or
    g.2. A carrier frequency of 1 GHz or less, and
    g.2.a. A frequency side-lobe rejection exceeding 55 dB;
    g.2.b. A product of the maximum delay time and bandwidth (time in 
microseconds and bandwidth in MHz) of more than 100; or
    g.2.c. A dispersive delay of more than 10 microseconds;
    h. Batteries not controlled by 3A01, as follows:

    Note: 3A92.h does not control batteries with volumes equal to or 
less than 26 cm3 (e.g., standard C-cells or UM-2 batteries).

    h.1. Primary cells and batteries having an energy density exceeding 
350 Wh/kg and rated for operation in the temperature range from below 
243 K (-30  deg.C) to above 343 K (70  deg.C);
    h.2. Rechargeable cells and batteries having an energy density 
exceeding 150 Wh/kg after 75 charge/discharge cycles at a discharge 
current equal to C/5 hours (C being the nominal capacity in ampere 
hours) when operating in the temperature range from below 253 K (-20 
deg.C) to above 333 K (60  deg.C);

    Technical Note: Energy density is obtained by multiplying the 
average power in watts (average voltage in volts times average 
current in amperes) by the duration of the discharge in hours to 75 
percent of the open circuit voltage divided by the total mass of the 
cell (or battery) in kg.

    h.3. ``Space qualified'' and radiation hardened photovoltaic arrays 
with a specific power exceeding 160 W/m2 at an operating 
temperature of 301 K (28  deg.C) under a tungsten illumination of 1 kW/
m2 at 2,800 K (2,527  deg.C);
    i. ``Superconductive'' electromagnets or solenoids specially 
designed to be fully charged or discharged in less than one minute, not 
controlled by 3A01, having all of the following:

    Note: 3A92.i does not control ``superconductive'' electromagnets 
or solenoids designed for Magnetic Resonance Imaging (MRI) medical 
equipment.

    i.1. Maximum energy delivered during the discharge divided by the 
duration of the discharge of more than 500 kJ per minute;
    i.2. Inner diameter of the current carrying windings of more than 
250 mm; and
    i.3. Rated for a magnetic induction of more than 8 T or ``overall 
current density'' in the winding of more than 300 A/mm2.
    31. In Supplement No. 1 to Section 799.1 (the Commerce Control 
List), Category 3, a new ECCN 3A94F is added immediately following ECCN 
3A93F to read as follows:


3A94F  General purpose electronic equipment not controlled by 3A02.

Requirements

    Validated License Required: SZ, Iran, Syria, South African military 
and police
    Unit: Number
    Reason for Control: FP
    GLV: $0
    GCT: No
    GFW: No

List of Items Controlled

    a. Digital instrumentation magnetic tape data recorders not 
controlled by 3A02 having any of the following characteristics:
    a.1. A maximum digital interface transfer rate exceeding 60 Mbit/s 
and employing helical scan techniques;
    a.2. A maximum digital interface transfer rate exceeding 120 Mbit/s 
and employing fixed head techniques; or
    a.3. ``Space qualified'';
    b. Equipment, not controlled by 3A02, with a maximum digital 
interface transfer rate exceeding 60 Mbit/s, designed to convert 
digital video magnetic tape recorders for use as digital 
instrumentation data recorders;
    c. Hydrogen/hydrogen-isotope thyratrons of ceramic-metal 
construction and rated for a peak current of 500A or more.
    32. In Category 3, ECCNs 3C03A and 3C04A are revised to read as 
follows:


3C03A  Organo-inorganic compounds as described in this entry.

Requirements

    Validated License Required: QSTVWYZ
    Unit: $ value
    Reason for Control: NS
    GLV: $3,000
    GCT: Yes
    GFW: No

List of Items Controlled

    Organo-inorganic compounds, as follows:
    a. Organo-metallic compounds of aluminum, gallium or indium having 
a purity (metal basis) better than 99.999 percent;
    b. Organo-arsenic, organo-antimony and organo-phosphorus compounds 
having a purity (inorganic element basis) better than 99.999 percent.

    Note: 3C03A controls only compounds whose metallic, partly 
metallic or non-metallic element is directly linked to carbon in the 
organic part of the molecule.


3C04A  Hydrides of phosphorus, arsenic or antimony, having a purity 
better than 99.999 percent, even diluted in inert gases or hydrogen.

Requirements

    Validated License Required: QSTVWYZ
    Unit: $ value
    Reason for Control: NS
    GLV: $3,000
    GCT: Yes
    GFW: No

    Note: 3C04A does not control hydrides containing 20 percent 
molar or more of inert gases or hydrogen.

    33. In Category 3, ECCN 3D94F is amended by revising the heading of 
the entry to read as follows:


3D94F  ``Software'' specially designed for the ``development'', 
``production'', or ``use'' of electronic devices or components 
controlled by 3A92, electronic test equipment controlled by 3A93, 
general purpose electronic equipment controlled by 3A94, or 
manufacturing and test equipment controlled by 3B91.

* * * * *
    34. In Category 3, ECCN 3E94F is amended by revising the heading of 
the entry to read as follows:


3E94F  Technology for the ``development'', ``production'', or ``use'' 
of electronic devices or components controlled by 3A92, electronic test 
equipment controlled by 3A93, general purpose electronic equipment 
controlled by 3A94, or manufacturing and test equipment controlled by 
3B91.

* * * * *
    35. In Category 3, under the heading ``Notes for Category 3'' 
following ECCN 3E96G, Advisory Note 4 is removed and reserved.
    36. In Category 4 (Computers), ECCN 4A03A is revised to read as 
follows:


4A03A  ``Digital computers'', ``assemblies'', and related equipment 
therefor, as described in this entry, and specially designed components 
therefor.

Requirements

    Validated License Required: QSTVWYZ
    Unit: Computers and peripherals in number; parts and accessories in 
$ value
    Reason for Control: NS, MT, NP, FP (see Notes)
    GLV: $5,000
    GCT: Yes, except MT and FP, and except supercomputers as defined in 
Sec. 776.11(a) (no supercomputer restriction for Japan); see Notes
    GFW: Yes, except MT and FP (see Notes), for computers with a CTP 
not exceeding 1,000 Mtops (500 Mtops for eligible countries listed in 
Supp. 4 to Part 778 of this subchapter) and specially designed 
components therefor, exported separately or as part of a system, and 
related equipment therefor when exported with these computers as part 
of a system.

    N.B. 1: General License GFW is not available for the export of 
commodities that the exporter knows will be used to:
    a. Enhance the performance capability (i.e., CTP) of a computer 
to the ``supercomputer'' level; or
    b. Enhance the performance capability of a ``supercomputer'' 
(see Sec. 776.11 for definition of ``supercomputer'').
    N.B. 2: To determine whether General License GFW may be used to 
export related equipment controlled under another entry in the CCL, 
consult the GFW paragraph under the Requirements heading of the 
appropriate entry.

    Notes: 1. MT controls apply to digital computers used as 
ancillary equipment for test facilities and equipment that are 
controlled by 9B05 or 9B06.

    2. NP controls apply to computers with a CTP exceeding 500 Mtops 
to countries listed in Supplement No. 4 to Part 778 of this 
subchapter.
    3. FP controls apply to computers for computerized fingerprint 
equipment to all destinations except Australia, Japan, New Zealand 
and members of NATO.
    4. FP controls apply to all destinations, except Japan, for 
supercomputers (see Sec. 776.11 of this subchapter).
    5. FP controls apply to Iran and Syria for computers controlled 
by 4A03A or 4A94F (i.e., computers with a CTP of 6 Mtops or 
greater). See Sec. 785.4(d)(1) of this subchapter.

List of Items Controlled

    Note 1: 4A03 includes vector processors, array processors, 
digital signal processors, logic processors, and equipment for 
``image enhancement'' or ``signal processing''.

    Note 2: The control status of the ``digital computers'' or 
related equipment described in 4A03 is governed by the control 
status of other equipment or systems provided:

    a. The ``digital computers'' or related equipment are essential 
for the operation of the other equipment or systems;
    b. The ``digital computers'' or related equipment are not a 
``principal element'' of the other equipment or systems; and
    N.B. 1: The control status of ``signal processing'' or ``image 
enhancement'' equipment specially designed for other equipment with 
functions limited to those required for the other equipment is 
determined by the control status of the other equipment even if it 
exceeds the ``principal element'' criterion.
    N.B. 2: For the control status of ``digital computers'' or 
related equipment for telecommunications equipment, see the 
telecommunications entries in Category 5.
    c. The technology for the ``digital computers'' and related 
equipment is governed by 4E.

    ``Digital computers'', ``assemblies'', and related equipment 
therefor, as follows, and specially designed components therefor:
    a. Designed or modified for ``fault tolerance'';

    Note: For the purposes of 4A03.a, ``digital computers'' and 
related equipment are not considered to be designed or modified for 
``fault tolerance'', if they use:

    1. Error detection or correction algorithms in ``main storage'';
    2. The interconnection of two ``digital computers'' so that, if 
the active central processing unit fails, an idling but mirroring 
central processing unit can continue the system's functioning;
    3. The interconnection of two central processing units by data 
channels or by use of shared storage to permit one central 
processing unit to perform other work until the second central 
processing unit fails, at which time the first central processing 
unit takes over in order to continue the system's functioning; or
    4. The synchronization of two central processing units by 
``software'' so that one central processing unit recognizes when the 
other central processing unit fails and recovers tasks from the 
failing unit.

    b. ``Digital computers'' having a ``composite theoretical 
performance'' (``CTP'') exceeding 260 million theoretical operations 
per second (Mtops);
    c. ``Assemblies'' specially designed or modified to be capable of 
enhancing performance by aggregation of ``computing elements'' 
(``CEs'') so that the ``CTP'' of the aggregation exceeds the limit in 
4A03.b;

    Note 1: 4A03.c applies only to ``assemblies'' and programmable 
interconnections not exceeding the limits in 4A03.b, when shipped as 
unintegrated ``assemblies''. It does not apply to ``assemblies'' 
inherently limited by nature of their design for use as related 
equipment controlled by 4A03.d to 4A03.f.

    Note 2: 4A03.c does not control ``assemblies'' specially 
designed for a product or family of products whose maximum 
configuration does not exceed the limits of 4A03.b.

    d. Graphics accelerators or graphics coprocessors exceeding a ``3-D 
Vector Rate'' of 1,600,000;
    e. Equipment performing analog-to-digital conversions exceeding the 
limits in 3A01.a.5;
    f. Equipment containing ``terminal interface equipment'' exceeding 
the limits in 5A02.c;

    Note: For the purposes of 4A03.f, ``terminal interface 
equipment'' includes ``local area network'' interfaces, modems and 
other communications interfaces. ``Local area network'' interfaces 
are evaluated as ``network access controllers''.

    g. Equipment, specially designed to provide for the external 
interconnection of ``digital computers'' or associated equipment, that 
allows communications at data rates exceeding 80 Mbytes/s.

    Note: 4A03.g does not control internal interconnection equipment 
(e.g., backplanes, buses) or passive interconnection equipment.

    37. In Category 4 (Computers), ECCN 4A94F is revised to read as 
follows:


4A94F  Computers, ``assemblies'' and related equipment not controlled 
by 4A01, 4A02, or 4A03, and specially designed components therefor.

Requirements

    Validated License Required: SZ, Iran, Syria, South African military 
and police
    Unit: Computers and peripherals in number; parts and accessories in 
$ value
    Reason for Control: FP
    GLV: $0
    GCT: No
    GFW: No

List of Items Controlled

    a. Electronic computers and related equipment, and ``assemblies'' 
and specially designed components therefor, rated for operation at an 
ambient temperature above 343 K (70 deg.C), but not above 358 K 
(85 deg.C);
    b. ``Digital computers'' not controlled by 4A03 having a 
``composite theoretical performance'' (``CTP'') equal to or greater 
than 6 million theoretical operations per second (Mtops);
    c. ``Assemblies'' not controlled by 4A03 that are specially 
designed or modified to enhance performance by aggregation of 
``computing elements'' (``CEs''), as follows:
    c.1. Designed to be capable of aggregation in configurations of 16 
or more ``computing elements'' (``CEs''); or
    c.2. Having a sum of maximum data rates on all channels available 
for connection to associated processors exceeding 40 million Bytes/s;

    Note 1: 4A94.c applies only to ``assemblies'' and programmable 
interconnections with a ``composite theoretical performance'' 
(``CTP'') not exceeding 12.5 million theoretical operations per 
second (Mtops), when shipped as unintegrated ``assemblies''. It does 
not apply to ``assemblies'' inherently limited by nature of their 
design for use as related equipment controlled by 4A03 or 4A94.

    Note 2: 4A94.c does not control any ``assembly'' specially 
designed for a product or family of products with a maximum 
configuration that does not exceed a ``CTP'' of 12.5 Mtops.

    d. Disk drives and solid state storage equipment:
    d.1. Magnetic, erasable optical or magneto-optical disk drives with 
a ``maximum bit transfer rate'' exceeding 25 million bit/s;
    d.2. Solid state storage equipment, other than ``main storage'' 
(also known as solid state disks or RAM disks), with a ``maximum bit 
transfer rate'' exceeding 36 million bit/s;
    e. Input/output control units designed for use with equipment 
controlled by 4A94.d;
    f. Equipment for ``signal processing'' or ``image enhancement'', 
not controlled by 4A03, having a ``composite theoretical performance'' 
(``CTP'') exceeding 8.5 million theoretical operations per second 
(Mtops);
    g. Graphics accelerators or graphics coprocessors, not controlled 
by 4A03, that exceed a ``3-D vector rate'' of 400,000 or, if supported 
by 2-D vectors only, a ``2-D vector rate'' of 600,000;

    Note 1: The provisions of 4A94.g do not apply to work stations 
designed for and limited to:
    a. Graphic arts (e.g., printing, publishing); and
    b. The display of two-dimensional vectors.

    h. Color displays or monitors having more than 120 resolvable 
elements per cm in the direction of the maximum pixel density;

    Note 1: 4A94.h does not control displays or monitors not 
specially designed for electronic computers.

    Note 2: Displays specially designed for air traffic control 
(ATC) systems are treated as specially designed components for ATC 
systems under Category 6.

    i. Equipment containing ``terminal interface equipment'' exceeding 
the limits in 5A91F.

    Note: For the purposes of 4A94.h, ``terminal interface 
equipment'' includes ``local area network'' interfaces, modems and 
other communications interfaces. ``Local area network'' interfaces 
are evaluated as ``network access controllers''.

    38. In Supplement No. 1 to Section 799.1 (the Commerce Control 
List), Category 4 (Computers) is amended:
    a. By removing the sub-heading ``Equipment for the development and 
production of magnetic and optical storage equipment as follows.'' 
immediately following the heading ``B. Test, Inspection and Production 
Equipment'', which follows ECCN 4A96G; and
    b. By removing ECCNs 4B01A, 4B02A, and 4B03A;
    c. By adding a new ECCN 4B94F immediately following the heading 
``B. Test, Inspection and Production Equipment''; and
    d. By revising the heading of ECCN 4B96G to read as follows:


4B94F  Equipment for the ``development'' and ``production'' of magnetic 
and optical storage equipment, as described in this entry.

Requirements

    Validated License Required: SZ, Iran, Syria, South African military 
and police
    Unit: $ value
    Reason for Control: FP
    GLV: $0
    GCT: No
    GFW: No

List of Items Controlled

    a. Equipment specially designed for the application of magnetic 
coating to controlled non-flexible (rigid) magnetic or magneto-optical 
media;

    Note: 4B94F does not control general-purpose ``sputtering'' 
equipment.

    b. ``Stored program controlled'' equipment specially designed for 
monitoring, grading, exercising or testing controlled rigid magnetic 
media;
    c. Equipment specially designed for the ``production'' or alignment 
of heads or head/disk assemblies for controlled rigid magnetic and 
magneto-optical storage, and electro-mechanical or optical components 
therefor.


4B96G  Computer test, production and inspection equipment, n.e.s.

* * * * *
    39. In Category 4 (Computers), ECCN 4C01A is removed, a new ECCN 
4C94F is added immediately following the heading ``C. Materials'', and 
ECCN 4C96G is amended by revising the heading of the entry to read as 
follows:


4C94F  Materials specially formulated for and ``required'' for the 
fabrication of head/disk assemblies for controlled magnetic and 
magneto-optical hard disk drives.

Requirements

    Validated License Required: SZ, Iran, Syria, South African military 
and police
    Unit: $ value
    Reason for Control: FP
    GLV: $0
    GCT: No
    GFW: No


4C96G  Materials, n.e.s., specially formulated for and ``required'' for 
the fabrication of computer equipment, ``assemblies'' and components.

* * * * *
    40. In Category 4 (Computers), ECCN 4D01A is amended by revising 
the heading of the entry to read as follows:


4D01A  ``Software'' specially designed or modified for the 
``development'', ``production'' or ``use'' of equipment controlled by 
4A01, 4A02, 4A03, or 4A04, or ``software'' controlled by 4D01, 4D02, or 
4D03.

* * * * *
    41. In Category 4 (Computers), ECCN 4D03A is revised to read as 
follows:


4D03A  Specific ``software'', as described in this entry.

Requirements

    Validated License Required: QSTVWYZ
    Unit: $ value
    Reason for Control: NS
    GTDR: Yes, except 4D03.c
    GTDU: No

List of Items Controlled

    a. Operating system ``software'', ``software'' development tools 
and compilers specially designed for ``multi-data-stream processing'' 
equipment, in ``source code'';
    b. ``Expert systems'' or ``software'' for ``expert system'' 
inference engines providing both:
    b.1. Time dependent rules; and
    b.2. Primitives to handle the time characteristics of the rules and 
the facts;
    c. ``Software'' having characteristics or performing functions 
exceeding the limits in the ``information security'' entries in 
Category 5;
    d. Operating systems specially designed for ``real time 
processing'' equipment that guarantees a ``global interrupt latency 
time'' of less than 20 microseconds.
    42. In Supplement No. 1 to Section 799.1 (the Commerce Control 
List), Category 4 (Computers), new ECCNs 4D92F and 4D93F are added 
immediately following ECCN 4D80C to read as follows:


4D92F  ``Software'' specially designed or modified for the 
``development'', ``production'', or ``use'' of equipment controlled by 
4B94 and materials controlled by 4C94.

Requirements

    Validated License Required: SZ, Iran, Syria, South African military 
and police
    Unit: $ value
    Reason for Control: FP
    GTDR: No
    GTDU: Yes, except destinations listed under Validated License 
Required


4D93F  ``Program'' proof and validation ``software'', ``software'' 
allowing the automatic generation of ``source codes'', and operating 
systems not controlled by 4D03 that are specially designed for ``real 
time processing'' equipment.

Requirements

    Validated License Required: SZ, Iran, Syria, South African military 
and police
    Unit: $ value
    Reason for Control: FP
    GTDR: No
    GTDU: Yes, except destinations listed under Validated License 
Required

List of Items Controlled

    a. ``Program'' proof and validation ``software'' using mathematical 
and analytical techniques and designed or modified for ``programs'' 
having more than 500,000 ``source code'' instructions;
    b. ``Software'' allowing the automatic generation of ``source 
codes'' from data acquired on line from external sensors described in 
the Commerce Control List;
    c. Operating systems not controlled by 4D03A that are specially 
designed for ``real time processing'' equipment that guarantees a 
``global interrupt latency time'' of less than 30 microseconds.
    43. In Supplement No. 1 to Sec. 799.1 (the Commerce Control List), 
Category 4 (Computers), ECCN 4D94F is amended by revising the heading 
of the entry to read as follows:


4D94F  ``Software'' specially designed for the ``development'', 
``production'', or ``use'' of ``digital computers'', ``assemblies'' and 
related equipment therefor controlled by 4A94.

* * * * *
    44. In Category 4 (Computers), ECCN 4E01A is amended by revising 
the heading of the entry and ECCN 4E02A is amended by revising the List 
of Items Controlled to read as follows:


4E01A  Technology, according the General Technology Note, for the 
``development'', ``production'' or ``use'' of equipment controlled by 
4A01, 4A02, 4A03, or 4A04, or ``software'' controlled by 4D01, 4D02, or 
4D03.

* * * * *


4E02A  Other technology.

* * * * *

List of Items Controlled

    a. Technology for the ``development'' or ``production'' of 
equipment designed for ``multi-data-stream processing'' where the 
``CTP'' exceeds 120 Mtops;
    b. Technology ``required'' for the ``development'' or 
``production'' of magnetic hard disk drives with an ``MBTR'' exceeding 
47 Mbit/s.
    45. In Supplement No. 1 to Sec. 799.1 (the Commerce Control List), 
Category 4 (Computers), new ECCNs 4E92F and 4E93F are added immediately 
following ECCN 4E80C to read as follows:


4E92F  Technology for the ``development'', ``production'', or ``use'' 
of equipment controlled by 4B94, materials controlled by 4C94, or 
``software'' controlled by 4D92, 4D93, or 4D94.

Requirements

    Validated License Required: SZ, Iran, Syria, South African military 
and police
    Unit: $ value
    Reason for Control: FP
    GTDR: No
    GTDU: Yes, except destinations listed under Validated License 
Required


4E93F  Technology for the ``development'' or ``production'' of graphics 
accelerators or equipment designed for ``multi-data-stream processing'' 
and technology ``required'' for the ``development'' or ``production'' 
of magnetic hard disk drives.

Requirements

    Validated License Required: SZ, Iran, Syria, South African military 
and police
    Unit: $ value
    Reason for Control: FP
    GTDR: No
    GTDU: Yes, except destinations listed under Validated License 
Required

List of Items Controlled

    a. Technology for the ``development'' or ``production'' of graphics 
accelerators not controlled by 4A03.d or 4A94.g;
    b. Technology, not controlled by 4E02.a, for the ``development'' or 
``production'' of equipment designed for ``multi-data-stream 
processing'';
    c. Technology, not controlled by 4E02.b, ``required'' for the 
``development'' or ``production'' of magnetic hard disk drives with a 
``maximum bit transfer rate'' (``MBTR'') exceeding 11 Mbit/s.
    46. In Supplement No. 1 to Sec. 799.1 (the Commerce Control List), 
Category 4 (Computers), ECCN 4E94F is amended by revising the heading 
of the entry to read as follows:


4E94F  Technology for the ``development'', ``production'', or ``use'' 
of ``digital computers'', ``assemblies'' and related equipment therefor 
controlled by 4A94F.

* * * * *
    47. In Category 4 (Computers), following ECCN 4E96G, under the 
heading ``Notes for Category 4'':
    a. Advisory Notes 1, 2, and 3 are revised;
    b. Advisory Note 4 and 5 are removed and reserved;
    c. Advisory Notes 6 and 7 are revised; and
    d. A new Advisory Note 8 is added to read as follows:

Notes for Category 4

    Advisory Note 1: Licenses are likely to be approved, as 
administrative exceptions, for exports to satisfactory end-users in 
Romania of the items controlled by Category 4 for national security 
reasons, except:
    a. Computers controlled by 4A01 or 4A02;
    b. ``Digital computers'' controlled by 4A03.b, having a 
``composite theoretical performance'' (CTP) exceeding 100 million 
theoretical operations per second (Mtops);
    c. Computers controlled by 4A04, and specially designed related 
equipment, ``assemblies'' and components therefor;
    d. ``Software'' specially designed and technology ``required'' 
for the equipment described in this Advisory Note 1.a, .b, or .c 
that are controlled by 4D or 4E.

    Advisory Note 2: Licenses are likely to be approved, as 
administrative exceptions for export to satisfactory end-users in 
the People's Republic of China of ``digital computers'', specially 
designed components and related equipment therefor, controlled by 
4A03.b, .d, .e, or .f, or ``software'' controlled by 4D01, provided 
that:

    a. They will be operated by civil end-users for civil 
applications;
    b. They are exported as complete systems or enhancements to 
previously exported systems up to the limits in this Advisory Note 
2.d;
    c. They have been primarily designed and used for non-strategic 
applications;
    d. The ``CTP'' of the ``digital computers'' does not exceed 20 
Mtops;
    e. Equipment containing ``terminal interface equipment'' does 
not exceed:
    1. The limits of Advisory Note 4 to Category 5, Section I 
(Telecommunications);
    2. The limits of 5A02.c.2; or
    3. A ``digital transfer rate'' of 100 Mbit/s on the common media 
for ``network access controllers'' and related equipment controlled 
by 5A02.c.3; and
    f. Any controlled ``software'' is the minimum required for the 
``use'' of the approved ``digital computers'' and related equipment.

    Advisory Note 3: Licenses are likely to be approved, as 
administrative exceptions, for exports to satisfactory end-users in 
Country Groups QWY and the People's Republic of China of ``digital 
computers'', ``assemblies'' or related equipment controlled by 4A03, 
or specially designed components therefor, and ``software'' 
controlled by 4D01, provided that:

    a. They will be operated by civil end-users for civil 
applications;
    b. They have been primarily designed and used for non-strategic 
applications;
    c. They do not exceed any of the following limits:
    1. The ``CTP'' of the ``digital computers'' does not exceed 
1,000 Mtops;
    2. The ``3-D vector rate'' does not exceed 3 million;
    3. The total data transfer rate of equipment controlled by 
4A03.g does not exceed 400 MByte/second;
    d. When exported as enhancements, the enhanced ``digital 
computer'' does not exceed the limit in this Advisory Note 3.c;
    e. Exports of items covered by this Advisory Note 3 shall be 
subject to the following restrictions:
    1. The equipment will be used primarily for the specific non-
strategic application for which the export has been approved;
    2. The equipment will not be used for the design, development, 
or production of items controlled for national security reasons; and
    3. The exporter shall report promptly any evidence of the 
removal or diversion of the equipment from authorized purposes 
related to the specific export license;
    f. For systems where the ``CTP'' exceeds 520 Mtops, the 
following conditions apply:
    1. The licensee or the designated representative of the 
licensee, who must be from a non-proscribed country, must have the 
right of access to all the equipment and may carry out inspections;
    2. The licensee, upon the request of the Office of Export 
Licensing, must carry out inspections to establish that all the 
equipment and systems exported under the provisions of this Advisory 
Note:
    a. Are being used for the intended civil purposes; and
    b. Are still located at the installation sites. The licensee 
shall report the findings from the inspection to the Office of 
Export Licensing within one month after completing the inspection.
    Advisory Note 4: [Reserved]
    Advisory Note 5: [Reserved]
    Advisory Note 6: Licenses will receive favorable consideration 
for exports to satisfactory end-users in Country Groups QWY and the 
People's Republic of China of ``digital computers'', ``assemblies'' 
or related equipment therefor controlled by 4A03, or specially 
designed components therefor, and ``software'' controlled by 4D01, 
provided that:
    a. They will be operated by civil end-users for civil 
applications;
    b. They have been primarily designed and used for non-strategic 
applications;
    c. They do not exceed any of the following limits:
    1. The ``CTP'' of the ``digital computers'' does not exceed 
1,500 Mtops;
    2. The ``3-D vector rate'' does not exceed 3 million;
    3. The total data transfer rate of equipment controlled by 
4A03.g does not exceed 400 MByte/second;
    d. The ``assemblies'' controlled by 4A03.c are not specially 
designed or modified for a family of computers the maximum 
configuration of which exceeds 1,500 Mtops;
    e. When exported as enhancements, the enhanced ``digital 
computer'' does not exceed the limit in this Advisory Note 6.c;
    f. Any controlled ``software'' is the minimum required for the 
``use'' of the approved ``digital computers'' and related equipment;
    g. Exports of items covered by this Advisory Note 6 shall be 
subject to the following conditions:
    1. A signed statement must be submitted by a responsible 
representative of the end-user(s) or the importing agency describing 
the end-use and certifying that the ``digital computers'' or related 
equipment:
    a. Will be used only for civil applications; and
    b. Will not be reexported or otherwise disposed of without prior 
written authorization from the Office of Export Licensing;
    2. The following information must be clearly stated on an export 
application for equipment controlled by this Advisory Note:
    a. A full description of the equipment and its intended 
application and workload; and
    b. A complete identification of all end-users and their 
activities;
    3. The licensee or the designated representative of the 
licensee, who must be from a non-proscribed country, must have the 
right of access to all the equipment or systems and may carry out 
inspections;
    4. The licensee, upon the request of the Office of Export 
Licensing, must carry out inspections to establish that all the 
equipment or systems exported under the provisions of this Advisory 
Note:
    a. Are being used for the intended civil purposes; and
    b. Are still located at the installation sites. The licensee 
shall report the findings from the inspection to the Office of 
Export Licensing within one month after completing the inspection;
    5. The licensee, or the designated representative of the 
licensee, must be notified of any significant change of application 
or of other facts on which the license was based;
    h. In reviewing applications for items described in this 
Advisory Note, consideration will be given to:
    1. The appropriateness of the equipment to the stated end-use;
    2. Any evidence that would indicate that the proposed end-users 
are:
    a. Directly involved in significant strategic, including 
intelligence, activities; or
    b. Affiliated with organizations that foster diversion to 
strategic purposes;
    3. The extent to which the equipment will support the strategic 
activities of the end-users; and
    4. The extent to which diversion would disrupt the activities of 
the proposed end-users.
    Advisory Note 7: Licenses will receive favorable consideration 
for exports to satisfactory end-users in Bulgaria, Kazakhstan, 
Latvia, Mongolia, Russia and Ukraine of all items controlled by 
Category 4 for national security reasons, except:
    a. Computers controlled by 4A01 or 4A02;
    b. ``Digital computers'' controlled by 4A03.b having a ``CTP'' 
exceeding 41 Mtops, and specially designed components therefor;
    c. Computers controlled by 4A04, and specially designed related 
equipment, ``assemblies'' and components therefor;
    d. ``Software'' specially designed and technology ``required'' 
for the equipment described in this Advisory Note 7.a, .b, or .c, 
controlled by 4D or 4E for national security reasons.
    Advisory Note 8: Licenses are likely to be approved, as 
administrative exceptions, for exports to satisfactory end-users in 
Country Groups QWY and the People's Republic of China of equipment 
controlled by 4A03.g, provided that it is exported for use in 
interconnecting peripheral equipment to ``digital computers'' not 
controlled by 4A03.b.

    48. In Category 5 (Telecommunications and ``Information 
Security''), Subcategory I ``Telecommunications'', ECCN 5A01A is 
amended by revising the List of Items Controlled to read as follows:


5A01A  Any type of telecommunications equipment having any of the 
characteristics, functions or features described in this entry.

* * * * *

List of Items Controlled

    Any type of telecommunications equipment having any of the 
following characteristics, functions or features:
    a. Specially designed to withstand transitory electronic effects or 
electromagnetic pulse arising from a nuclear explosion;
    b. Specially hardened to withstand gamma, neutron or ion radiation;
    c. Specially designed to operate outside the temperature range from 
218 K (-55  deg.C) to 397 K (124  deg.C).

    Note: 5A01.c applies only to electronic equipment.
    Note: 5A01.b and c do not apply to equipment on board 
satellites.

    49. In Category 5 (Telecommunications and ``Information 
Security''), Subcategory I ``Telecommunications'', ECCN 5A02A is 
amended by revising the List of Items Controlled to read as follows:


5A02A  ``Telecommunication transmission equipment'' or systems and 
specially designed components and accessories therefor, having any of 
the characteristics, functions or features.

* * * * *

List of Items Controlled

    Note: ``Telecommunication transmission equipment.''

    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. G.70l);
    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;
    5. Underwater acoustic wave propagation.

    ``Telecommunication transmission equipment'' or systems and 
specially designed components and accessories therefor, having any of 
the following characteristics, functions or features:
    a. Employing digital techniques, including digital processing of 
analog signals, and designed to operate at a ``digital transfer rate'' 
at the highest multiplex level exceeding 45 Mbit/s, or a ``total 
digital transfer rate'' exceeding 90 MBit/s;

    Note: 5A02.a does not control equipment specially designed to be 
integrated and operated in any satellite system for civil use.

    b. Being ``stored program controlled'' digital cross connect 
equipment with a ``digital transfer rate'' exceeding 8.5 Mbit/s per 
port;
    c. Being equipment containing:
    c.1. Modems using the ``bandwidth of one voice channel'' with a 
``data signalling rate'' exceeding 28,800 bit/s;
    c.2. ``Communication channel controllers'' with a digital output 
having a ``data signalling rate'' exceeding 2.1 Mbit/s per channel; or
    c.3.``Network access controllers'' and their related common medium 
having a ``digital transfer rate'' exceeding 156 Mbit/s;

    Note: If any uncontrolled equipment contains a ``network access 
controller'', it cannot have any type of telecommunications 
interface except those described in, but not controlled by, 5A02.c.

    d. Employing a ``laser'' and having any of the following 
characteristics:
    d.1. Having a transmission wavelength exceeding 1,000 nm;
    d.2. Employing analog techniques and having a bandwidth exceeding 
45 MHz;
    d.3. Employing coherent optical transmission or coherent optical 
detection techniques (also called optical heterodyne or homodyne 
techniques);
    d.4. Employing wavelength division multiplexing techniques; or
    d.5. Performing ``optical amplification'';
    e. Being radio equipment operating at input or output frequencies 
exceeding:
    e.1. 31 GHz for satellite-earth station applications; or
    e.2. 26.5 GHz for other applications;

    Note: 5A02.e.2 does not control equipment for civil use when 
conforming with an ITU allocated band between 26.5 GHz and 31 GHz.

    f. Being radio equipment:
    f.1. Employing quadrature-amplitude-modulation (QAM) techniques 
above level 4 if the ``total digital transfer rate'' exceeds 8.5 Mbit/
s;
    f.2. Employing quadrature-amplitude-modulation (QAM) techniques 
above level 16 if the ``total digital transfer rate'' is equal to or 
less than 8.5 Mbit/s; or
    f.3. Employing other digital modulation techniques and having a 
``spectral efficiency'' greater than 3 bit/sec/Hz;

    Note 1: 5A02.f does not control equipment specially designed to 
be integrated and operated in any satellite system for civil use.

    Note 2: 5A02.f does not control radio relay equipment for 
operation in an ITU allocated band:

    a.1. Not exceeding 960 MHz; or
    2. With a ``total digital transfer rate'' not exceeding 8.5 
Mbit/s; and
    b. Having a ``spectral efficiency'' not exceeding 4 bit/sec/Hz.

    g. Being radio equipment operating in the 1.5 to 87.5 MHz band and 
having either of the following characteristics: g.1. a. Automatically 
predicting and selecting frequencies and ``total digital transfer 
rates'' per channel to optimize the transmission; and
    g.1.b. Incorporating a linear power amplifier configuration having 
a capability to support multiple signals simultaneously at an output 
power of 1 kW or more in the 1.5 to 30 MHz frequency range or 250 W or 
more in the 30 to 87.5 MHz frequency range, over an ``instantaneous 
bandwidth'' of one octave or more and with an output harmonic and 
distortion content of better than -80 dB; or
    g.2. Incorporating adaptive techniques providing more than 15 dB 
suppression of an interfering signal;
    h. Being radio equipment employing ``spread spectrum'' or 
``frequency agility'' (frequency hopping) techniques having any of the 
following characteristics:
    h.1. User programmable spreading codes; or
    h.2. A total transmitted bandwidth that is 100 or more times the 
bandwidth of any one information channel and in excess of 50 kHz;
    i. Being digitally controlled radio receivers having more than 
1,000 channels, which:
    i.1. Search or scan automatically a part of the electromagnetic 
spectrum;
    i.2. Identify the received signals or the type of transmitter; and
    i.3. Have a ``frequency switching time'' of less than 1 ms;
    j. Providing functions of digital ``signal processing'' as follows:
    j.1. Voice coding at rates of less than 2,400 bit/s;
    j.2. Employing circuitry that incorporates ``user-accessible 
programmability'' of digital ``signal processing'' circuits exceeding 
the limits of 4A03.b;
    k. Being underwater communications systems having any of the 
following characteristics:
    k.1. An acoustic carrier frequency outside the range of 20 to 60 
kHz;
    k.2. Using an electromagnetic carrier frequency below 30 kHz; or
    k.3.Using electronic beam steering techniques.
    50. In Category 5 (Telecommunications and ``Information 
Security''), Subcategory I ``Telecommunications'', ECCNs 5D01A, 5D02A, 
5E01A, and 5E02A are revised and ECCN 5D03A is amended by revising the 
Requirements to read as follows:


5D01A  ``Software'' specially designed or modified for the 
``development'', ``production'' or ``use'' of equipment or materials 
controlled by the telecommunications entries 5A01, 5A02, 5A03, 5A04, 
5A05, 5A06, 5B01, 5B02, or 5C01.

Requirements

    Validated License Required: QSTVWYZ
    Unit: $ value
    Reason For Control: NS, MT (see Note)
    GTDR: Yes, except MT (see Note)
    GTDU: No

    Note: MT controls apply to ``software: designed or modified for 
the ``development'', ``production'' or ``use'' of items controlled 
by 5A01.


5D02A  ``Software'' specially designed or modified to support 
``technology'' controlled by telecommunications entries 5E01 or 5E02.

Requirements

    Validated License Required: QSTVWYZ
    Unit: $ value
    Reason For Control: NS, MT (see Note)
    GTDR: Yes, except MT (see Note)
    GTDU: No

    Note: MT controls apply to ``software'' designed or modified to 
support ``technology'' for the ``development'', ``production'' or 
``use'' of items controlled by 5A01.


5D03A  Specific ``software'' as follows.

Requirements

    Validated License Required: QSTVWYZ
    Unit: $ value
    Reason For Control: NS, MT (see Note)
    GTDR: Yes, except MT (see Note)
    GTDU: No

    Note: MT controls apply to ``software'' listed below as 
applicable to the ``development'', ``production'' or ``use'' of 
equipment controlled by 5A01.

List of Items Controlled

* * * * *


5E01A  Technology according to the General Technology Note for the 
``development'', ``production'' or ``use'' (excluding operation) of 
equipment, systems, materials or ``software'' controlled by the 
telecommunications entries in 5A, 5B, 5C, or 5D.

Requirements

    Validated License Required: QSTVWYZ
    Reason For Control: NS, MT (see Note)
    GTDR: Yes, except MT, Iran and Syria
    GTDU: No

    Note: MT controls apply to technology for the ``development'', 
``production'' or ``use'' of equipment controlled by 5A01 or related 
``software'' controlled by 5D01, 5D02 or 5D03.


5E02A  Specific technologies as described in this entry.

Requirements

    Validated License Required: QSTVWYZ
    Reason For Control: NS
    GTDR: Yes, except Iran and Syria
    GTDU: No

List of Items Controlled

    a. ``Required'' technology for the ``development'' or 
``production'' of telecommunications equipment specially designed to be 
used on board satellites;
    b. Technology for the ``development'' or ``use'' of laser 
communication techniques with the capability of automatically acquiring 
and tracking signals and maintaining communications through 
exoatmosphere or sub-surface (water) media;
    c. Technology for processing and application of coatings to optical 
fiber specially designed to make it suitable for underwater use;
    d. Technology for ``development'' or ``production'' of equipment 
employing ``Synchronous Digital Hierarchy'' (SDH) or ``Synchronous 
Optical Network'' (SONET) techniques;
    e. Technology for the ``development'' or ``production'' of ``switch 
fabric'' exceeding 64,000 bits per second per information channel other 
than for digital cross connect integrated in the switch;
    f. Technology for the ``development'' or ``production'' of 
centralized network control;
    g. Technology for the ``development'' or ``production'' of digital 
cellular radio systems;
    h. Technology for the ``development'' or ``production'' of 
``Integrated Services Digital Network'' (ISDN);
    i. Technology for the ``development'' of QAM techniques, for radio 
equipment, above level 4.
    51. In Category 5 (Telecommunications and ``Information 
Security''), Subcategory I ``Telecommunications'', under the heading 
``Notes for Telecommunications'', Advisory Note 1 is removed and 
reserved, and Advisory Notes 8, 11, 12, 13, 14, 15, 16, 17, and 19 are 
revised, and new Advisory Notes 23 through 27 are added to read as 
follows:

Notes for Telecommunications

    Advisory Note 1: [Reserved]
* * * * *
    Advisory Note 8: Licenses are likely to be approved, as 
administrative exceptions, for exports to satisfactory end-users in 
the People's Republic of China of test and inspection equipment and 
specially designed components and accessories therefor controlled by 
5B01A or 5B02A and ``software'' and technology for such equipment, 
components and accessories, for the repair of telecommunications 
equipment, provided that:
    a. Such equipment, components, accessories, ``software'' and 
technology:
    1. Are specially designed for repair;
    2. Are to be used to repair controlled equipment authorized for 
export or equipment that is not controlled for national security 
reasons;
    3. Are shipped in reasonable quantities necessary for the types 
and quantities of exported equipment being serviced;
    4. Do not provide local production facilities;
    5. Do not provide for testing of individual electronic 
components; and
    6. Do not include ``software'' in ``source code'' controlled by 
5D03.a;
    b. The repair does not upgrade the equipment or ``software'';
    c. All the records of repair activity are kept by a 
representative of the Western supplier; and
    d. The information to accompany each license application shall 
include:
    1. A complete list of equipment to be provided; and
    2. A clear identification of the users and their activities.

    N.B.: Nothing in this Advisory Note 8 shall be construed as 
overriding controls in other ECCNs contained in the Commerce Control 
List.
* * * * *
    Advisory Note 11: Licenses are likely to be approved, as 
administrative exceptions, for exports to satisfactory end-users in 
Albania, Bulgaria, the People's Republic of China, Mongolia, 
Romania, or Vietnam of telecommunications equipment for optical 
fibers controlled by 5A02.d.1, provided that the transmission 
wavelength does not exceed 1,370 nm.

    Advisory Note 12: Licenses are likely to be approved, as 
administrative exceptions, for exports to satisfactory end-users in 
Albania, Bulgaria, the People's Republic of China, Mongolia, 
Romania, or Vietnam of cables or fibers controlled by 5A05, provided 
that:

    a. Quantities are normal for the envisaged end-use; and
    b. They are for a specified civil end-use.

    Advisory Note 13: Licenses are likely to be approved, as 
administrative exceptions, for exports to satisfactory end-users in 
Albania, Bulgaria, the People's Republic of China, Mongolia, 
Romania, or Vietnam of optical fiber test equipment controlled by 
5B01.c using a transmission wavelength not exceeding 1,370 nm.

    Advisory Note 14: Licenses are likely to be approved, as 
administrative exceptions, for exports to satisfactory end-users in 
Country Groups QWY and the People's Republic of China of digital 
radio equipment or systems controlled by 5A02.a or f, provided that:

    a. The equipment or system is intended for general commercial 
international traffic in an international civil telecommunication 
system, one end of which is in a COCOM member country;
    b. It is to be installed in a permanent circuit under the 
supervision of the licensee;
    c. No means are to be provided for the transmission of traffic 
between points in a single proscribed country other than a country 
in Country Group Q or W;
    d. The ``digital transfer rate'' at the highest multiplex level 
does not exceed 156 Mbit/s;
    e. The equipment does not employ either of the following:
    1. Quadrature Amplitude Modulation (QAM) techniques above level 
64; or
    2. Other digital modulation techniques with a ``spectral 
efficiency'' exceeding 6 bit/s/Hz;
    f. The equipment is not controlled by 5A02.e or .h or by the 
``information security'' entries in Category 5;
    g. Spare parts shall remain under the control of the licensee or 
the licensee's designated representative;

    Note: The supervision of the spare parts by the licensee may be 
effected by stock inventory procedures and does not require the 
permanent on-site presence of a representative of the licensee.

    h. The licensee or the licensee's designated representative, who 
shall be from a non-proscribed country, shall have the right of 
access to all the equipment;
    i. There will be no transfer of technology controlled for 
national security reasons;
    j. Supervision of systems installation, operation and 
maintenance shall be performed by the licensee or the licensee's 
designated representative, who shall be from a non-proscribed 
country, using only personnel from non-proscribed countries;

    N.B. 1: Supervision of maintenance includes preventive 
maintenance at periodic intervals and intervention for major 
malfunctions.

    N.B. 2: This does not mean that only nationals from the 
exporting country should install the system.

    k. Upon request, the licensee shall carry out an inspection to 
establish that:
    1. The system is being used for the intended civil purpose; and
    2. All the equipment exported under the provisions of this 
Advisory Note is being used for the stated purpose and is still 
located at the installation sites. The licensee shall report the 
findings from the inspection to the Office of Export Licensing 
within one month after completing the inspection.

    Advisory Note 15: Licenses will receive favorable consideration 
for exports to satisfactory end-users in Bulgaria or Romania of 
technology controlled by the telecommunications entries in Category 
5, and of instrumentation, test equipment, components and specially 
designed ``software'' therefor, and materials and components 
controlled by the telecommunications entries in Category 5 or by 
entries in other Categories on the Commerce Control List, for the 
modification or ``production'' of telecommunications equipment or 
systems eligible for administrative exceptions treatment under 
Advisory Note 1 in the Notes for Telecommunications (Category 5), 
provided that:

    N.B.: Technology for general purpose computers is not eligible 
for treatment under this Advisory Note, i.e., it remains governed by 
Category 4.

    a. The characteristics of the telecommunications equipment or 
systems are limited to those eligible for administrative exceptions 
treatment under Advisory Note 1 in the Notes for Telecommunications 
(Category 5);
    b. Modification of the telecommunications equipment or systems 
is not permitted if any aspect of the design would result in 
exceeding the performance thresholds or features of Advisory Note 1 
in the Notes for Telecommunications (Category 5);
    c. Testing of large scale integrated (LSI) circuits or those 
with higher component densities is limited to go/no go tests;

    N.B.: Advisory Note 15.c does not preclude exports of equipment 
or technology that would be possible in accordance with the 
provisions of other Categories on the Commerce Control List.

    d. The specially designed ``software'' is that necessary to use 
the transferred technology, instrumentation and test equipment;
    e. All ``software'' shall be exported in machine executable form 
only;
    f. ``Development'' technology is not included;
    g. The contract includes explicit conditions to ensure that:
    1. The ``production'' technology or ``production'' equipment is 
not exported or reexported, either directly or indirectly, to 
another proscribed destination;
    2. The supplier or licensor may appoint a representative who is 
entitled to verify that the ``production'' technology and 
``production'' equipment or systems serve their intended use;
    3. Any modification of the capabilities or functions of the 
produced equipment must be approved by the supplier or licensor;
    4. The supplier's or licensor's personnel have right of access 
to all the facilities directly involved in the ``production'' of the 
telecommunications equipment or systems;
    5. The ``production'' technology, ``production'' equipment and 
produced equipment or systems will be for civil end-use only and not 
for reexport to proscribed destinations other than Bulgaria or 
Romania;
    h. System integration testing will be performed by the supplier 
or licensor, if it requires test tools that would provide the 
licensee with the capability to recover source code or upgrade the 
system beyond the performance thresholds or features of Advisory 
Note 1 in the Notes for Telecommunications (Category 5);
    i. End-use reporting of the installed telecommunication 
equipment or systems will be provided in accordance with the 
provisions of Advisory Note 1 in the Notes for Telecommunications 
(Category 5).

    N.B. 1: No export under the favorable consideration provisions 
of this Advisory Note shall establish a precedent for the approval 
of exports under entries in other Categories on the Commerce Control 
List.

    N.B. 2: For each license application for export pursuant to this 
Advisory Note, the exporter must submit the following assurances to 
be obtained from the importer:
    a. An Import Certificate issued by the importer's national 
authorities;
    b. An assurance that the importer will make available 
information as requested by the Department of Commerce; and
    c. An assurance that the importer will allow on-site inspection 
if requested by the Department of Commerce.

    Advisory Note 16: Licenses will receive favorable consideration 
for the export to satisfactory end-users in Albania, Bulgaria, 
Mongolia, Romania, or Vietnam of radio relay communications 
equipment, specially designed components and accessories, specially 
designed test equipment, ``software'' and technology for the ``use'' 
of equipment or materials therefor, controlled by the 
telecommunications entries in this Category, provided that:
    a. It is for fixed installation and civil application;
    b. It is designed for operation at a total ``digital transfer 
rate'' not exceeding 156 Mbit/s;
    c. The equipment does not employ either of the following:
    1. Quadrature Amplitude Modulation (QAM) techniques above 64 
QAM; or
    2. Other digital modulation techniques with a ``spectral 
efficiency'' exceeding 6.3 bit/s/Hz;
    d. It operates at fixed frequencies not exceeding 9 GHz;
    e. A license application for export under the provisions of this 
Advisory Note provides the following information:
    1. The equipment or system to be provided;
    2. The intended application; and
    3. The location of the equipment.

    Advisory Note 17: Licenses will receive favorable consideration 
for the export to satisfactory end-users in Country Groups QWY and 
the People's Republic of China of optical fiber cables and optical 
fiber transmission equipment or systems controlled by 5A02 or 5A05, 
provided that:
    a. The equipment or systems are intended for general commercial 
international traffic in an international civil submarine optical 
fiber telecommunication system linking the importing country with a 
non-proscribed country;
    b. It is to be installed in a permanent circuit under the 
supervision of the licensee;
    c. No means are to be provided for the transmission of traffic 
between points in one or more proscribed countries other than 
Bulgaria or Romania;
    d. The total length of optical fiber cable to be installed 
within the proscribed country, excluding cable in territorial 
waters, does not exceed 10 km or the shortest distance that is 
practical for installation;
    e. The ``digital transfer rate'' at the highest multiplex level 
does not exceed 565 Mbit/s;
    f. The ``laser'' transmission wavelength does not exceed 1,550 
nm;
    g. The equipment is not controlled by 5A02.d.2 to d.5 or by the 
``information security'' entries in Category 5;
    h. Controlled spare parts shall remain under the supervision of 
the licensee or the licensee's designated representative, who shall 
be from a non-proscribed country;

    Note: The supervision of spare parts by the licensee may be 
effected by stock inventory procedures and does not require the 
permanent on-site presence of a representative of the licensee.

    i. The licensee or the licensee's designated representative, who 
shall be from a non-proscribed country, shall have the right of 
access to all the equipment;
    j. There will be no transfer of controlled technology;
    k. Supervision of systems installation and of maintenance shall 
be performed by the licensee or the licensee's designated 
representative, who shall be from a non-proscribed country, using 
only personnel from non-proscribed countries; and

    N.B. 1: Supervision of maintenance includes preventive 
maintenance at periodic intervals and intervention for major 
malfunctions.

    N.B. 2: This does not require that only nationals from the 
exporting country should install the system.

    l. Upon request, the licensee shall carry out an inspection to 
establish that:
    1. The system is being used for the intended civil purpose;
    2. All the equipment exported under the provisions of this 
Advisory Note is being used for the stated purpose and is still 
located at the installation sites. The licensee shall report the 
findings from the inspection to the Office of Export Licensing 
within one month after completing the inspection.
* * * * *
    Advisory Note 19: Licenses are likely to be approved, as 
administrative exceptions, for exports to satisfactory end-users in 
Country Groups QWY and the People's Republic of China of fiber optic 
telecommunications transmission systems or equipment controlled by 
5A02.a and 5A02.d.1, fiber optic cables controlled by 5A05, or 
coaxial cable telecommunications transmission systems controlled by 
5A02.a, and the test equipment, specially designed components, 
accessories, ``software'' and technology, necessary for the ``use'' 
thereof, provided that:
    a. They are intended for international telecommunications links 
dedicated to international civil traffic between the following 
locations:
    1.a. From the following countries: Austria, Belgium, the Czech 
Republic, Denmark, Estonia, Finland, France, Germany, Greece, 
Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, 
Norway, Poland, Portugal, the Slovak Republic, Spain, Sweden, 
Switzerland, Turkey, or the United Kingdom;
    b. To the following cities as listed by country: Albania 
(Tirana), Armenia (Yerevan), Azerbaijan (Baku), Bulgaria (Sophia, 
Varna), Belarus (Minsk), Georgia (Tbilissi), Kazakhstan (Alma-Ata), 
Kyrgyzstan (Bishkek), Moldova (Chisinau), Romania (Bucharest, 
Constanza), Russia (Moscow, Novorossiisk, Rostov-on-Don, St. 
Petersburg, Volgograd), Tajikistan (Dushanbe), Turkmenistan 
(Ashgabat), Ukraine (Kiev, Odessa, Sebastopol), Uzbekistan 
(Tashkent) or:
    2.a. From the following countries: Australia, Canada, Hong Kong, 
Japan, New Zealand, South Korea, or the United States;
    b. To the following cities as listed by country: People's 
Republic of China (Shanghai, Guangzhou), Russia (Khabarovsk, 
Nakhodka, Vladivostok, Yuzhno-Sadhalinsk), Vietnam (Hanoi, Ho Chi 
Minh City);

    N.B.: No traffic shall be carried between points in proscribed 
countries, except in Estonia, Latvia, and Lithuania.

    b. [Reserved];
    c. They are designed to operate at a ``digital transfer rate'' 
at the highest multiplex level of 623 Mbit/s or less;
    d. The ``laser'' transmission wavelength does not exceed 1,590 
nm;
    e. The equipment, if employing synchronous transmission 
techniques, must conform to one of the approved SONET or SDH 
standards or recommendations (i.e. ANSI or CCITT);
    f. Supervision of systems installation and maintenance of 
controlled transmission equipment must be performed by the licensee 
or the licensee's designated representative, who must be from a non-
proscribed country. Any portion of the installation of controlled 
transmission equipment that would require the transfer of controlled 
technology must be performed by the licensee or the licensee's 
designated representative using only personnel from non-proscribed 
countries;

    N.B. 1: Supervision of maintenance includes preventive 
maintenance at periodic intervals and intervention for major 
malfunctions.

    N.B. 2: This is not meant to require that only nationals from 
the exporting country should install the system.

    g. Controlled test equipment and controlled spare parts must 
remain under the supervision of the licensee or the licensee's 
designated representative, who shall be from a non-proscribed 
country;

    N.B.: The supervision of the test equipment and spare parts by 
the licensee may be effected by stock inventory procedures and does 
not require the permanent on-site presence of a representative of 
the licensee.

    h. The licensee or the licensee's designated representative, who 
shall be from a non-proscribed country, must have the right of 
access to all the equipment;
    i. Upon request of the government of the exporting country, the 
licensee must carry out an inspection to establish that:
    1. The system is being used for the intended civil purpose; and
    2. All the equipment exported under the provisions of this 
Advisory Note is being used for the stated end purpose and is still 
located at the installation sites. The licensee shall report the 
findings from the inspection to the Office of Export Licensing 
within one month after completing the inspection;
    j. The license application must include a system plan containing 
equipment quantities and approximate locations for the proposed 
system. After final installation, unless already provided, the 
applicant must provide to the licensing authorities the final 
location of the installed equipment to the greatest degree of 
precision available and a map of the final cable route.
* * * * *
    Advisory Note 23: Licenses are likely to be approved, as 
administrative exceptions, for exports to satisfactory end-users in 
Country Groups QWY and the People's Republic of China of 
``software'' controlled by 5D03.a, and related technology, 
``software'' tools and test equipment necessary for the 
``development'', ``production'' or ``use'' thereof, provided that:

    a. The ``software'', technology, ``software'' tools and test 
equipment will be limited to those necessary for problem analysis 
and reporting or for local adaptation of the switching equipment 
such as for subscriber terminal interface, network interface, 
billing, administration or similar adaptations for local civilian 
telecommunications requirements, by a civil end-user;
    b. No ``software'' or technology ``required'' for the 
``development'', ``production'' or ``use'' of functions, features or 
equipment controlled by the telecommunications entries in 5A, 5B or 
5E of Subcategory I to Category 5 shall be included;

    Note: This Advisory Note does not release from control the 
``software'' in ``source code'' comprising that ``software'' that 
controls the management and execution of programs, commonly referred 
to as the operating system.

    c. Such ``software'', technology, ``software'' tools or test 
equipment do not provide the capability to decompile, disassemble or 
perform similar activities to ``software'' in ``object code'' or 
similar format and thereby reverse-engineer controlled 
characteristics, functions or features;
    d. The licensee or the licensee's designated representative, who 
shall be from a nonproscribed country, shall have the right of 
access to the site of, and computing equipment being used to 
perform, such adaptations so as to have access to:
    1. The ``software'', technology, ``software'' tools and test 
equipment referred to in this Advisory Note; and
    2. All ``software'' developed or derived from the ``software'' 
technology, ``software'' tools and test equipment licensed under 
this Advisory Note;
    e. Upon request of the Office of Export Licensing, the licensee 
must carry out an inspection to establish that:
    1. The ``software'', technology, ``software'' tools and test 
equipment referred to in this Advisory Note are being used for the 
intended civil purpose; and
    2. All the ``software'', technology, ``software'' tools and test 
equipment exported under the provisions of this Advisory Note are 
being used for the stated end purpose and are still located at the 
installation sites. The licensee shall report the findings from the 
inspection to the Office of Export Licensing within one month after 
completing the inspection.

    Advisory Note 24: Licenses will receive favorable consideration 
for exports to satisfactory end-users in the People's Republic of 
China of technology controlled by the telecommunications entries in 
Subcategory I of Category 5 and of instrumentation, test equipment, 
components and specially designed ``software'' therefor, and 
materials and components controlled by national security entries on 
the Commerce Control List, for the modification or production of the 
telecommunication transmission equipment or systems described in 
5A02.a, 5A02.d.1, 5A02.f.1, or 5A02.f.2, provided that:
    N.B. 1: Technology for general purpose computers is not eligible 
for treatment under this Advisory Note, i.e., it remains controlled 
by Category 4.

    N.B. 2: No technology is to be included for the ``production'' 
of:

    a. Equipment employing ``SDH'' or ``SONET'' techniques; or
    b. ``Lasers'' with transmission wavelengths exceeding 1,000 nm.
    a. The characteristics of the telecommunication transmission 
equipment or systems are limited to those that release them from 
control or make them eligible under the relevant Advisory Notes that 
provide administrative exceptions treatment, provided that the 
following limits are not exceeded:
    1. QAM techniques of level 16;
    2. A ``digital transfer rate'' of 140 Mbits/s and a ``total 
digital transfer rate'' of 168 Mbits/s;

    N.B.: An additional 2 Mbit/s may be added to the ``total digital 
transfer rate'' of 168 Mbit/s for operation, maintenance and service 
communications.

    3. A ``laser'' transmission wavelength of 1,370 nm;
    b. Modification of the telecommunications transmission equipment 
or systems is not permitted if any aspect of the design would result 
in exceeding the performance thresholds or features of the relevant 
Advisory Notes that provide administrative exceptions treatment;
    c. Testing of large scale integrated (LSI) circuits or those 
with higher component densities is limited to go/no go tests;

    N.B.: Advisory Note 24.c does not preclude exports of equipment 
or technology that would be possible in accordance with the 
provisions of other Categories in the Commerce Control List.

    d. The specially designed ``software'' is that necessary to use 
the transferred technology, instrumentation and test equipment;
    e. All ``software'' must be supplied in machine executable form 
only except for the specific customer data and site parameters;
    f. ``Development'' technology is not included;
    g. The contract includes explicit conditions to ensure that:
    1. The ``production'' technology or production equipment is not 
exported or reexported, either directly or indirectly, to another 
proscribed destination;
    2. The supplier or licensor may appoint a representative who is 
entitled to verify that the ``production'' technology and production 
equipment or systems serve their intended use;
    3. Any modification of the capabilities or functions of the 
equipment produced must be approved by the supplier or licensor;
    4. The supplier's or licensor's personnel have right of access 
to all the facilities directly involved in the production of the 
equipment or systems covered by this Advisory Note;
    5. The ``production'' technology, production equipment and 
equipment or systems produced do not exceed the characteristics of 
the relevant Advisory Notes that provide administrative exceptions 
treatment and will be for civil end-use only;
    h. System integration testing will be performed by the supplier 
or licensor if it requires test tools that provide the licensee with 
the capability to recover ``source code'' or upgrade the system 
beyond the performance thresholds or features of the relevant 
Advisory Notes that provide administrative exceptions treatment;
    i. The relevant Advisory Note that provides administrative 
exceptions treatment should be indicated on the license application.

    N.B.: No export under the favorable consideration provisions of 
this Advisory Note shall establish a precedent for the approval of 
exports under other Categories in the Commerce Control List.
    Advisory Note 25: Licenses are likely to be approved, as 
administrative exceptions, for exports to satisfactory end-users in 
Country Groups QWY and the People's Republic of China of components, 
parts and materials, controlled for national security reasons by 
entries on the Commerce Control List, necessary for the production 
of telecommunication equipment or systems, provided that:

    a. The production equipment and technology for the equipment 
concerned has been previously legally exported;
    b. The quantity of components, parts and materials exported is 
normal for the stated end-use;
    c. Authorization under this Advisory Note will cover a program 
of supplies up to two calendar years for the production by the same 
licensee of equipment authorized under Advisory Note 25.a;
    d. No technology or ``software'' ``required'' for 
``development'', ``production'' or ``use'' shall be included;
    e. The components, parts and materials exported will not be 
permitted to exceed the performance threshold or features of the 
equipment previously authorized;
    f. The contract includes explicit conditions to ensure that:
    1. The equipment manufactured with the exported components, 
parts and materials is not exported or reexported, either directly 
or indirectly, to another proscribed destination;
    2. The supplier or licensor may appoint a representative who is 
entitled to verify that the ``production'' technology and production 
equipment or systems serve their intended use;
    3. Any modification of the capabilities or functions of the 
equipment produced must be approved by the supplier or licensor;
    4. The supplier's or licensor's personnel have right of access 
to all the facilities directly involved in the production of the 
equipment or systems;
    5. The equipment or systems produced will be for civil end-use 
only.

    Advisory Note 26: [Reserved]
    Advisory Note 27: Licenses are likely to be approved, as 
administrative exceptions, for exports to Albania, Armenia, 
Azerbaijan, Bulgaria, Belarus, Estonia, Georgia, Kazakhstan, 
Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, the People's 
Republic of China, Romania, Russia, Tajikistan, Turkmenistan, 
Ukraine, Uzbekistan, and Vietnam of telecommunications equipment or 
systems controlled by 5A02.a through 5A02.g, 5A03, 5A04 or 5A05, 
measuring, test or repair equipment controlled by 5B01.c or 5B02, 
and specially designed components and accessories, ``software'' and 
technology necessary for the ``use'' thereof, provided that:

    a. Optical fiber telecommunication transmission equipment or 
systems:
    1. Are designed to operate at a ``digital transfer rate'' of 623 
Mbit/s or less at the highest multiplex level; and
    2. Are designed to operate on a ``laser'' transmission 
wavelength not exceeding 1,590 nm.
    b. Digital radio equipment or systems:
    1. Are designed to operate at a ``digital transfer rate'' of 623 
Mbit/s or less at the highest multiplex level;
    2. Do not employ QAM techniques exceeding level 512 or other 
digital modulation techniques having a ``spectral efficiency'' 
exceeding 9 bit/s/Hz;
    c. ``CCS'':
    1. Is limited to the associated mode of operation;
    2. Signalling and related speech/data channels are limited to 
two signalling points and must not be routed via different 
transmission media or different routes;

    N.B.: A single route consists of one or more consecutive serial 
connection links that may use different transmission media.

    3. Message Transfer Part (MTP) level 3 signalling routes are 
limited to two signalling points;

    N.B.: MTP Level 3 is found in Q.704 and related recommendations 
of the ITU-T Q series for ``CCS''.

    4. For point-to-point inter-city ``CCS'' connectivity between 
two signalling points, where permitted by Advisory Note 27.c.1, c.2, 
or c.3, the Originating Point Codes (OPC) and Destination Point 
Codes (DPC) for all signalling messages over such signalling links 
cannot be reinstalled or changed following the vendor's initial 
software installation without prior authorization, being available 
in object code only; all compilation mechanisms and administrative 
tools that allow for modification of the Point Codes are removed 
following installation;
    d. The equipment or systems are designed and intended to be used 
for fixed civil applications directly connected to a civilian 
network;
    e. The equipment or systems, if employing synchronous 
transmission techniques, conform to one of the ANSI or ITU-T 
approved standards or recommendations for ``SONET'' or ``SDH'';
    f. Measuring, test or repair equipment controlled by 5B01.c or 
5B02 and controlled spare parts remain under the supervision of the 
licensee or the licensee's designated representative;
    g. The licensee or the licensee's designated representative have 
the right of access to all the equipment or systems and may carry 
out inspections;
    h. Upon the request of the Office of Export Licensing, the 
licensee must carry out inspections to establish that:
    1. All the equipment or systems exported under the provisions of 
this Advisory Note are being used for the intended civil purpose; 
and
    2. Are still located at the installation sites. The licensee 
shall report the findings from the inspection to the Office of 
Export Licensing within one month after completing the inspection;
    i. Supervision of systems installation and maintenance of 
controlled transmission equipment is performed by the licensee or 
the licensee's designated representative. Any portion of the 
installation of controlled transmission equipment that would require 
the transfer of controlled technology is performed by the licensee 
or the licensee's designated representative;

    N.B. 1: Supervision of maintenance includes prevention 
maintenance at periodic intervals and intervention for major 
malfunctions.

    j. License applications to export systems or equipment for 
``common channel signalling'' identify the intended system routes 
and locations of signalling points.

    52. In Category 5 (Telecommunications and ``Information 
Security''), Subcategory III (Other Equipment, Materials, 
``Software'', and Technology), a new ECCN 5A90F is added immediately 
following ECCN 5A80D to read as follows:


5A90A  Any type of telecommunications equipment, not controlled by 
5A01, specially designed to operate outside the temperature range from 
219 K (-54  deg.C) to 397 K (124  deg.C).

Requirements

    Validated License Required: SZ, Iran, Syria, South African military 
and police
    Unit: $ value
    Reason for Control: FP
    GLV: $0
    GCT: No
    GFW: No
    53. In Category 5 (Telecommunications and ``Information 
Security''), Subcategory III (Other Equipment, Materials, ``Software'', 
and Technology), ECCN 5A91F is revised to read as follows:


5A91F  Transmission equipment, not controlled by 5A02, containing:

Requirements

    Validated License Required: SZ, Iran, Syria, South African military 
and police
    Unit: $ value
    Reason For Control: FP
    GLV: $0
    GCT: No
    GFW: No

List of Items Controlled

    a. Modems using the ``bandwidth of one voice channel'' with a 
``data signalling rate'' exceeding 9,600 bits per second;
    b. ``Communication channel controllers'' with a digital output 
having a ``data signalling rate'' exceeding 64,000 bit/s per channel; 
or
    c. ``Network access controller'' and their related common medium 
having a ``digital transfer rate'' exceeding 33 Mbit/s.
    54. In Category 5 (Telecommunications and ``Information 
Security''), Subcategory III (Other Equipment, Materials, ``Software'', 
and Technology), a new ECCN 5D90F is added immediately following ECCN 
5D20B to read as follows:


5D90F  ``Software'' specially designed or modified for the 
``development'', ``production'', or ``use'' of equipment controlled by 
5A90 or 5A91.

Requirements

    Validated License Required: SZ, Iran, Syria, South African military 
and police
    Unit: $ value
    Reason for Control: FP
    GLV: $0
    GCT: No
    GFW: No
    55. In Category 5 (Telecommunications and ``Information 
Security''), Subcategory III (Other Equipment, Materials, ``Software'', 
and Technology), a new ECCN 5E90F is added immediately following ECCN 
5E20B to read as follows:


5E90F  Technology for the ``development'', ``production'', or ``use'' 
of equipment controlled by 5A90 or 5A91 or ``software'' controlled by 
5D90.

Requirements

    Validated License Required: SZ, Iran, Syria, South African military 
and police
    Unit: $ value
    Reason for Control: FP
    GLV: $0
    GCT: No
    GFW: No
    56. In Category 6 (Sensors), under the heading ``Notes for Category 
6'', Advisory Notes 2.4 and 4.4 are removed and reserved.
    57. In Category 7 (Navigation and Avionics), under the heading 
``Notes for Category 7'', Advisory Note 2 is removed and reserved.
    58. In Category 8 (Marine Technology), under the heading ``Notes 
for Category 8'', Advisory Note 3 is removed and reserved.
    59. In Category 9 (Propulsion Systems and Transportation 
Equipment), under the heading ``Notes for Category 9'', Advisory Note 3 
is removed and reserved.

    Dated: May 6, 1994.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 94-11467 Filed 5-9-94; 4:55 pm]
BILLING CODE 3510-DT-P