[Federal Register Volume 59, Number 174 (Friday, September 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22208]


[[Page Unknown]]

[Federal Register: September 9, 1994]


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DEPARTMENT OF STATE

Bureau of Political-Military Affairs

22 CFR Part 121

[Public Notice 2066]

 

Amendments to the International Traffic in Arms Regulations 
(ITAR)

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: This rule removes from the U.S. Munitions List (USML) certain 
articles which are now on the Commerce Control List (CCL).
    This rule reduces the burden on exporters by removing articles from 
the USML and thus from the controls of the International Traffic in 
Arms Regulations. Among the items being removed from the USML and left 
subject only to the CCL are non-military inertial navigation systems 
and related technical data, non-military focal plane arrays, non-
military image intensification tubes, non-military accelerometers and 
non-military gyroscopes. In addition, military second and third 
generation image intensification tubes and military focal plane arrays 
will be licensed by the Department of Commerce when a part of a 
commercial system.

EFFECTIVE DATE: This rule is effective on September 9, 1994.

FOR FURTHER INFORMATION CONTACT:
Rose Marie Biancaniello, Office of Defense Trade Controls, Department 
of State, telephone (703) 875-6618 or FAX (703) 875-6647.

SUPPLEMENTARY INFORMATION: In the Memorandum of Disapproval on the 
Omnibus Export Amendments Act of 1990, the President directed as 
follows:
    ``By June 1, 1991, the United States will remove from the U.S. 
Munitions List all items contained on the COCOM dual use list unless 
significant U.S. national security interests would be jeopardized.'' 
(26 Weekly Compilation of Presidential Documents 1839).
    As part of its effort to implement this Presidential directive, the 
Department published a notice of final rule-making at 57 Federal 
Register 15227, dated April 27, 1992. This notice related to the 
coverage of articles in all categories of the USML, 22 CFR 121. It was 
stated in this rule that, upon establishment and implementation of 
foreign policy controls by the Department of Commerce, the following 
items would be removed from the Department of State USML and left 
subject only to the CCL:
    Any non-military aircraft inertial navigation systems not currently 
covered by the CCL;
    Non-military inertial navigation system design, development, 
production or manufacture technical data currently in category VIII(m) 
of the USML;
    Commercial imaging systems containing military second or third 
generation image intensification tubes or military focal plane arrays;
    All non-military focal plane arrays and non-military second 
generation or above image intensification tubes;
    Non-military accelerometers and gyroscopes.
    The required foreign policy controls have been established and 
implemented.
    Another aspect of the Department's effort to implement the 
President's directive involved the chairman of a Space Technical 
Working Group (STWG). This STWG identified spacecraft and related 
equipment which could be removed from the USML without significantly 
jeopardizing national security. Based on the recommendations of the 
STWG, several Federal Register notices were published. This Federal 
Register notice makes minor corrections to and completes implementation 
of these amendments.
    The Department of State views the changes set forth in this notice 
as beneficial to U.S. persons and industry and has decided to implement 
them immediately by publication of a final rule. Notwithstanding this 
final rule, public comment is welcomed.
    This amendment involves a foreign affairs function of the United 
States. It is exempt from review under Executive Order 12866, but has 
been reviewed internally by the Department to ensure consistency with 
the purposes thereof. It is also excluded from the procedures of 5 
U.S.C. 553 and 554.

List of Subjects in 22 CFR Part 121

    Arms and munitions, Classified information, Exports.

    Accordingly, for the reasons set forth in the preamble, 22 CFR 
Subchapter M Part 121, is amended as follows:

PART 121--THE UNITED STATES MUNITIONS LIST

    1. The authority citation for Part 121 continues to read as 
follows:

    Authority: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22 
U.S.C. 2752, 2778, 2797); E.O. 11958, 42 FR 4311, 3 CFR 1977 Comp. 
p. 79; 22 U.S.C. 2658.


Sec. 121.1  [Amended]

    2. Section 121.1 is amended by removing paragraph (c) and by 
redesignating paragraph (d) as (c).
    3. Section 121.1, Category VIII is amended by revising the title to 
read as follows:
Category VIII--Aircraft and Associated Equipment
    4. In Sec. 121.1, Category VIII, paragraphs (b), (c), and (d) are 
revised as set forth below, paragraphs (h), (i), (l), and (m) are 
removed, and paragraphs (j) and (k) are redesignated as (h) and (i) and 
revised to read as follows:
Category VIII--Aircraft and Associated Equipment
* * * * *
    *(b) Military aircraft engines, except reciprocating engines, 
specifically designed or modified for the aircraft in paragraph (a) of 
this category.
    *(c) Cartridge-actuated devices utilized in emergency escape of 
personnel and airborne equipment (including but not limited to airborne 
refueling equipment) specifically designed or modified for use with the 
aircraft and engines of the types in paragraphs (a) and (b) of this 
category.
    (d) Launching and recovery equipment for the articles in paragraph 
(a) of this category, if the equipment is specifically designed or 
modified for military use. Fixed land-based arresting gear is not 
included in this category.
* * * * *
    (h) Components, parts, accessories, attachments, and associated 
equipment (including ground support equipment) specifically designed or 
modified for the articles in paragraphs (a) through (e) of this 
category, excluding aircraft tires and propellers used with 
reciprocating engines.
    (i) Technical Data (as defined in Sec. 120.21) and defense services 
(as defined in Sec. 120.8) directly related to the defense articles 
enumerated in paragraphs (a) through (h) of this category. (See 
Sec. 125.4 for exemptions.) Technical data directly related to the 
manufacture or production of any defense articles enumerated elsewhere 
in this category that are designated as Significant Military Equipment 
(SME) shall itself be designated SME.
    5. In Sec. 121.1, Category XI is amended by revising the title, 
paragraph (c) is removed, paragraphs (d) and (e) are redesignated as 
(c) and (d), and newly redesignated paragraph (d) is revised to read as 
follows:
Category XI--Military Electronics
* * * * *
    (d) Technical data (as defined in Sec. 120.21) and defense services 
(as defined in Sec. 120.8) directly related to the defense articles 
enumerated in paragraphs (a) through (c) of this category. (See 
Sec. 125.4 for exemptions.) Technical data directly related to the 
manufacture or production of any defense articles enumerated elsewhere 
in this category that are designated as Significant Military Equipment 
(SME) shall itself be designated as SME.
    6. In Sec. 121.1, Category XII, paragraphs (c) and (d) are revised, 
paragraph (e) is removed, paragraphs (f) and (g) are redesignated as 
(e) and (f), and newly redesignated paragraphs (e) and (f) are revised 
to read as follows:
Category XII--Fire Control, Range Finder, Optical and Guidance and 
Control Equipment
* * * * *
    *(c) Infrared focal plane array detectors specifically designed, 
modified or configured for military use; image intensification and 
other night sighting equipment or systems specifically designed, 
modified, or configured for military use; second generation and above 
military image intensification tubes (defined below) specifically 
designed, developed, modified or configured for military use, and 
infrared, visible and ultraviolet devices specifically designed, 
developed, modified, or configured for military application. Military 
second and third generation image intensification tubes and military 
infrared focal plane arrays identified in this subparagraph are 
licensed by the Department of Commerce (ECCN 6A02A and 6A03A) when a 
part of a commercial system (i.e. those systems originally designed for 
commercial use). This does not include any military system comprised of 
non-military specification components. Replacement tubes or focal plane 
arrays identified in this paragraph being exported for commercial 
systems are subject to the controls of the ITAR.

    Note: Special Definition. For purposes of this subparagraph, 
second and third generation image intensification tubes are defined 
as having:

    A peak response within the 0.4 to 1.05 micron wavelength range 
and incorporating a microchannel plate for electron image 
amplification having a hold pitch (center-to-center spacing) of less 
than 25 microns and having either:
    (a) An S-20, S-25 or multialkali photocathode; or
    (b) A GaAs, GaInAs, or other compound semiconductor 
photocathode.

    *(d) Inertial platforms and sensors for weapons or weapon systems; 
guidance, control and stabilization systems except for those systems 
covered in Category VIII; astro-compasses and star trackers and 
military accelerometers and gyros. For aircraft inertial reference 
systems and related components refer to Category VIII.
    (e) Components, parts, accessories, attachments and associated 
equipment specifically designed or modified for the articles in 
paragraphs (a) through (d) of this category, except for such items as 
are in normal commercial use.
    (f) Technical data (as defined in Sec. 120.21) and defense services 
(as defined in Sec. 120.8) directly related to the defense articles 
enumerated in paragraphs (a) through (e) of this category. (See 
Sec. 125.4 for exemptions.) Technical data directly related to 
manufacture and production of any defense articles enumerated elsewhere 
in this category that are designated as Significant Military Equipment 
(SME) shall itself be designated as SME.
    7. In Sec. 121.1, Category XIII, paragraph (a) is revised to read 
as follows:
Catetory XIII--Auxiliary Military Equipment
    (a) Cameras and specialized processing equipment therefor, 
photointerpretation, stereoscopic plotting, and photogrammetry 
equipment which are specifically designed or modified for military 
purposes, and components specifically designed or modified therefor;
* * * * *
    Dated: August 11, 1994.
Lynn E. Davis,
Under Secretary for Arms Control and International Security Affairs.
[FR Doc. 94-22208 Filed 9-8-94; 8:45 am]
BILLING CODE 4710-25-M