[Federal Register Volume 67, Number 184 (Monday, September 23, 2002)]
[Rules and Regulations]
[Pages 59722-59733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23713]



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Part III





Department of Commerce





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Bureau of Industry and Security



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15 CFR Parts 740, 742, and 774



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Department of State





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22 CFR Part 121



Licensing Jurisdiction for ``Space Qualified'' Items and 
Telecommunications Items for Use on Board Satellites; Final Rule



Amendments of the United States Munitions List; Final Rules

  Federal Register / Vol. 67, No. 184 / Monday, September 23, 2002 / 
Rules and Regulations  

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740, 742, and 774

[Docket No. 020726182-2182-01]
RIN 0694-AC49


Licensing Jurisdiction for ``Space Qualified'' Items and 
Telecommunications Items for Use on Board Satellites

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This final rule amends the Export Administration Regulations 
(EAR) to clarify what ``space qualified'' items are controlled on the 
Commerce Control List (CCL) and are therefore subject to the EAR. This 
rule also removes the License Exception eligibility and amends the CCL 
for certain ``space qualified'' items. In addition, this rule adds 
``regional stability'' as the reason for control for certain items. The 
Department of State is publishing in the Federal Register a separate 
rule that will clarify what ``space qualified'' items are on the U.S. 
Munitions List, and therefore subject to the International Traffic in 
Arms Regulations.

DATES: This rule is effective: September 23, 2002.

FOR FURTHER INFORMATION CONTACT: Gene Christiansen in the Office of 
Strategic Trade and Foreign Policy Controls, Bureau of Industry and 
Security, U.S. Department of Commerce at (202) 482-1837.

SUPPLEMENTARY INFORMATION:

Background

    Section 1513(a) of the National Defense Authorization Act for FY 
1999 (NDAA FY99) mandated the transfer of satellites and ``related 
items'' from the Department of Commerce, Commerce Control List (CCL) to 
the Department of State, United States Munitions List (USML). The 
transfer of ``related items'' has engendered confusion concerning 
licensing authority for certain ``space qualified'' items--i.e., items 
designed, manufactured and tested to meet the special electrical, 
mechanical or environmental requirements for use in the launch and 
deployment of satellites or high-altitude flight systems operating at 
altitudes of 100 kilometers or higher.
    This rule clarifies the licensing jurisdiction of certain ``space 
qualified'' items. This rule is consistent with the existing licensing 
jurisdiction for items specifically designed or modified for items with 
military applications. Such items are under the licensing jurisdiction 
of the Department of State. Items on the USML are exclusively 
controlled for export or reexport by the Department of State and are 
not within the scope of the Export Administration Regulations.
    This rule is the result of extensive review of the affected ``space 
qualified'' items by the Departments of Commerce, Defense, and State. 
It provides for the transfer of ``space qualified'' atomic frequency 
standards (formerly controlled by Export Control Classification Number 
(ECCN) 3A002.g.2), solid state detectors (formerly ECCN 6A002.a.1), 
imaging sensors (formerly ECCN 6A002.b.2.b.1), cryocoolers (formerly 
ECCN 6A002.d.1), optical systems parts (formerly ECCN 6A004.c) and 
optical control equipment (formerly ECCN 6A004.d.1) from the CCL to the 
USML. This rule also provides criteria governing the split jurisdiction 
between the Departments of Commerce and State over ``space qualified'' 
traveling wave tubes (ECCN 3A001.b.1.a.4.c), photovoltaic arrays (ECCN 
3A001.e.1.c), telecommunications equipment for use on board satellites 
(ECCN 5A001.a.2 and a.3), and the technology to develop and produce 
telecommunications equipment for use on board satellites (ECCN 
5E001.b.1). Finally, this rule confirms Department of Commerce 
jurisdiction of ``space qualified'' tape recorders (ECCN 3A002.a.3.b), 
data recorders (ECCN 3A992.b.3), laser radar (ECCN 6A008.j.1), and 
focal plane arrays and the technology to make focal plane arrays (ECCN 
6A002.e).
    Please note, that software for ``space qualified'' cryocoolers 
remains on the U.S. Munitions List (22 CFR 121.1) under Category XV, 
Space Systems and Associated Equipment.
    Pursuant to consultations with the Department of State, this rule 
adds regional stability controls (RS Column 1) for ``space qualified'' 
``laser'' radar or Light Detection and Ranging (LIDAR) equipment, 
including ``space qualified'' LIDAR equipment specially designed for 
surveying or for meteorological observation (ECCN 6A998.b, software 
therefor 6D991, technology therefor 6E991), ``space qualified'' 
``laser'' radar or Light Detection and Ranging (LIDAR) (6A008.j.1, 
software therefor 6D001 and 6D002, technology therefor 6E001), and 
focal plane arrays (ECCN 6A002.e, software therefor 6D991, technology 
therefor 6E001 and 6E002). The expansion of RS controls for this 
equipment is described in a report to the Congress, dated August 19, 
2002.
    This rule supercedes any commodity classification decisions and 
advisory opinions issued by the Department of Commerce prior to the 
effective date of this rule concerning items which this rule either (i) 
transfers to State Department jurisdiction or (ii) retains under 
Commerce Department jurisdiction but removes from eligibility for 
export or reexport under License Exception authorization or without a 
license. Items licensed by the Department of Commerce as of September 
23, 2002, including those already exported, remain subject to the EAR 
and the licenses remain in effect in accordance with their terms.
    Specifically, this rule makes revisions to the following ECCNs:
    In Category 3, Electronics:
    [sbull] 3A001 is amended by:
    (1) Revising the Related Controls paragraph to specify that the 
following items are now subject to the export licensing authority of 
the Department of State, Office of Defense Trade Controls (22 CFR part 
121):
    (A) ``Space qualified'' helix tubes (traveling wave tubes), or 
derivatives thereof operating at frequencies higher than 31 GHz and 
defined in 3A001.b.1.a.4.c;
    (B) ``Space qualified'' microwave solid state amplifiers operating 
at frequencies higher than 31 GHz defined in 3A001.b.4.b;
    (C) ``Space qualified'' microwave ``assemblies'' capable of 
operating at frequencies exceeding 31 GHz and defined in 3A001.b.6;
    (D) ``Space qualified'' microwave power amplifiers operating at 
frequencies higher than 31 GHz and defined in 3A001.b.8.; and
    (E) ``Space qualified'' and radiation hardened photovoltaic arrays 
as defined in 3A001.e.1.c (i.e., not having silicon cells or not having 
single, dual or triple junction solar cells that have gallium arsenide 
as one of the junctions), spacecraft/satellite solar concentrators and 
batteries.
    (2) Adding a definition for photovoltaic arrays to the Related 
Definitions section.
    [sbull] 3A002 is amended by revising the Related Controls paragraph 
to note that ``space qualified'' atomic frequency standards defined in 
3A002.g.2 are now subject to the export licensing authority of the 
Department of State, Office of Defense Trade Controls (22 CFR part 
121).
    [sbull] 3D001 is amended by revising:
    (1) The Related Controls paragraph to note that ``software'' 
specially designed for the ``development'' or ``production'' of the 
following equipment is under the export licensing authority of the

[[Page 59723]]

Department of State, Office of Defense Trade Controls (22 CFR part 
121): (1.) When operating at frequencies higher than 31 GHz and ``space 
qualified'': helix tubes (traveling wave tubes (TWT)) defined in 
3A001.b.1.a.4.c; microwave solid state amplifiers defined in 
3A001.b.4.b; microwave ``assemblies'' defined in 3A001.b.6; and 
traveling wave tube amplifiers (TWTA) defined in 3A001.b.8; (2.) 
``Space qualified'' and radiation hardened photovoltaic arrays defined 
in 3A001.e.1.c (i.e., not having silicon cells or single, dual or 
triple junction solar cells that have gallium arsenide as one of the 
junctions), spacecraft/satellite solar concentrators and batteries; and 
(3.) ``Space qualified'' atomic frequency standards defined in 
3A002.g.2.
    (2) Revising TSR eligibility under the License Exception section of 
3D001, to note the removal of ``software'' specially designed for the 
``development'' or ``production'' of Traveling Wave Tube Amplifiers 
described in 3A001.b.8 having operating frequencies exceeding 18 GHz 
from License Exception TSR eligibility.
    (3) The Related Definitions section to add a definition for 
photovoltaic arrays.
    [sbull] 3E001 is amended by:
    (1) Revising the Related Controls paragraph to note that 
``Technology'' according to the General Technology Note for the 
``development'' or ``production'' of the following equipment is under 
the export licensing authority of the Department of State, Office of 
Defense Trade Controls (22 CFR part 121): (1.) When operating at 
frequencies higher than 31 GHz and ``space qualified'': helix tubes 
(traveling wave tubes (TWT)) defined in 3A001.b.1.a.4.c; microwave 
solid state amplifiers defined in 3A001.b.4.b; microwave ``assemblies'' 
defined in 3A001.b.6; and traveling wave tube amplifiers (TWTA) defined 
in 3A001.b.8; (2.) ``Space qualified'' and radiation hardened 
photovoltaic arrays defined in 3A001.e.1.c (i.e., not having silicon 
cells or single, dual or triple junction solar cells that have gallium 
arsenide as one of the junctions), spacecraft/satellite solar 
concentrators and batteries; and (3.) ``Space qualified'' atomic 
frequency standards defined in 3A002.g.2.
    (2) Revising TSR eligibility under the License Exception section of 
3D001, to note the removal of ``technology'' specially designed for the 
``development'' or ``production'' of Traveling Wave Tube Amplifiers 
described in 3A001.b.8 having operating frequencies exceeding 18 GHz 
from License Exception TSR eligibility.
    (3) Revising the Related Definitions section to add a definition 
for photovoltaic arrays.
    In Category 5, Telecommunications and ``Information Security'', 
Part I (Telecommunications):
    [sbull] 5A001 is amended by revising the Related Controls paragraph 
to note that telecommunications equipment defined in 5A001.a.1 through 
5A001.a.3 for use on board satellites is now subject to the export 
licensing authority of the Department of State, Office of Defense Trade 
Controls (22 CFR part 121).
    [sbull] 5A991 is amended by:
    (1) Adding a Related Control note that states telecommunication 
equipment defined in 5A991 for use on board satellites is subject to 
the export licensing authority of the Department of State, Office of 
Defense Trade Controls (22 CFR part 121).
    (2) Adding references to related controls in 5E101 and 5E991.
    (3) Removing from the List of Items controlled the note under 
paragraph 5A991.b.1 that reads, ``5A991.b.1 does not control equipment 
specially designed to be integrated and operated in any satellite 
system for civil use.''
    [sbull] 5E001 is amended by revising:
    (1) The Related Controls paragraph to note that ``technology'' 
defined in 5E001.b.1, 5E001.b.2, 5E001.b.4, and 5E001.c for use on 
board satellites is subject to the export licensing authority of the 
Department of State, Office of Defense Trade Controls (22 CFR part 
121). Technology defined in 5E001.b.1 for non-satellite uses remains 
subject to the export licensing authority of the Department of 
Commerce, Bureau of Industry and Security.
    In Category 6, Sensors and Lasers:
    [sbull] 6A002 is amended by:
    (1) Moving the notes contained in the Related Definitions paragraph 
to the Related Controls paragraph;
    (2) Revising the Related Controls paragraph to note that:
    (a) The following commodities are now subject to the export 
licensing authority of U.S. Department of State, Office of Defense 
Trade Controls (22 CFR part 121): ``space qualified'' solid-state 
detectors defined in 6A002.a.1, ``space qualified'' imaging sensors 
(e.g., ``monospectral imaging sensors'' and ``multispectral imaging 
sensors'') defined in 6A002.b.2.b.1, and ``space qualified'' 
cryocoolers defined in 6A002.d.1, unless, on or after September 23, 
2002, the Department of State issues a commodity jurisdiction 
determination assigning the export licensing authority to the 
Department of Commerce, Bureau of Industry and Security;
    (b) ``Space qualified'' ``focal plane arrays'' defined in 6A002.e 
remain subject to the export licensing authority of the Department of 
Commerce, Bureau of Industry and Security, but are removed from License 
Exception eligibility; and
    (c) Exporters may apply for a commodity jurisdiction request with 
the Department of State, Office of Defense Trade Controls for ``space 
qualified'' solid-state detectors defined in 6A002.a.1 and ``imaging 
sensors'' (e.g., ``monospectral imaging sensors'' and multispectral 
imaging sensors'') defined in 6A002.b.2.b.1 that may have predominantly 
civil applications.
    (3) Adding RS Column 1 controls for 6A002.e, ``space qualified'' 
``focal plane arrays.''
    [sbull] 6A004 is amended by revising the Related Controls paragraph 
to note that ``space qualified'' components for optical systems defined 
in 6A004.c and optical control equipment defined in 6A004.d.1 are 
subject to the export licensing authority of the Department of State, 
Office of Defense Trade Controls (22 CFR part 121).
    [sbull] 6A008 is amended by:
    (1.) Revising the License Exception section to note that equipment 
defined in 6A008.j.1 (``space qualified'' ``laser'' radar or Light 
Detection and Ranging (LIDAR) equipment) is no longer eligible for 
License Exception LVS;
    (2.) Revising the License Requirement section to add RS Column 1 
controls to 6A008.j.1 (``space qualified'' ``laser'' radar or Light 
Detection and Ranging (LIDAR));
    (3.) Revising the ``Related Controls'' paragraph to note 
specifically that LIDAR equipment specially designed for surveying or 
for meteorological observation is controlled under ECCN 6A998.b
    [sbull] 6A998 is amended by:
    (1) Revising the heading;
    (2) Moving the airborne radar equipment from the heading to 
6A998.a; and (3) Adding the ``space qualified'' ``laser'' radar or 
Light Detection and Ranging (LIDAR) equipment specially designed for 
surveying or for meteorological observation, released from control 
under the note in 6A008.j, to 6A998.b; and controlling them under 
regional stability controls (RS column 1) and antiterrorism (AT Column 
1).
    [sbull] 6D001 is amended by:
    (1) Revising the License Requirements to add regional stability as 
a reason for control to software for equipment controlled by 6A008.j.1.
    (2) Revising the License Exception section to note that 
``software'' for the ``development'' or ``production'' of equipment 
defined in 6A008.j.1 is not eligible for License Exception TSR; and

[[Page 59724]]

    (3) Revising the Related Controls paragraph in the List of Items 
Controlled section to note that ``software'' specially designed for the 
``development'' or ``production'' of the following commodities is 
subject to the export licensing authority of the Department of State, 
Office of Defense Trade Controls (22 CFR part 121): ``space qualified'' 
components for optical systems defined in 6A004.c and ``space 
qualified'' optical control equipment defined in 6A004.d.1.
    [sbull] 6D002 is amended by:
    (1) Revising the License Requirements section to add regional 
stability as a reason for control to software for equipment controlled 
by 6A008.j.1.
    (2) Revising the License Exception section to note that 
``software'' for the ``use'' of equipment defined in 6A008.j.1 is not 
eligible for License Exception TSR; and
    (3) Revising the Related Controls paragraph in the List of Items 
Controlled section to note that ``software'' specially designed for the 
``use'' of ``space qualified'' ``imaging sensors'' (e.g., 
``monospectral imaging sensors'' and ``multispectral imaging sensors'') 
defined in 6A002.b.2.b.1 are now subject to the export licensing 
authority of the Department of State, Office of Defense Trade Controls 
(22 CFR part 121), unless, on or after September 23, 2002, the 
Department of State issues a commodity jurisdiction determination 
assigning the export licensing authority to the Department of Commerce, 
Bureau of Industry and Security.
    [sbull] 6D104 is amended by revising the Related Controls paragraph 
in the List of Items Controlled section to note that ``software'' 
specially designed for the ``use'' of ``space qualified'' solid-state 
(optical) detectors defined in 6A002.a.1 is subject to the export 
licensing authority of the Department of State, Office of Defense Trade 
Controls (22 CFR part 121), unless, on or after September 23, 2002, the 
Department of State issues a commodity jurisdiction determination 
assigning the export licensing authority to the Department of Commerce, 
Bureau of Industry and Security.
    [sbull] 6D991 is amended by:
    (1) Revising the header to include 6A002.e; and
    (2) Adding regional stability controls (RS column 1) to 
``software'' for equipment controlled by 6A002.e and 6A998.b.
    [sbull] 6E001 is amended by:
    (1) Revising the Reason for Control section to add regional 
stability as a reason for control for technology for items controlled 
by 6A002.e, 6A003.b.4, or 6A008.j.1.
    (2) Revising the License Exception section to note that 
``technology'' for the ``development'' of commodities defined in 
6A002.e or 6A008.j.1; and ``software'' for commodities defined in 
6A002.e or 6A008.j.1 and controlled in 6D001, 6D002, or 6D104 are no 
longer eligible for License Exception TSR; and
    (3) Revising the Related Controls paragraph in the List of Items 
Controlled section to note that ``Technology'' according to the General 
Technology Note for the ``development'' of the following commodities is 
subject to the export licensing authority of the Department of State, 
Office of Defense Trade Controls (22 CFR part 121): ``Space qualified''
    (1) Components for optical systems defined in 6A004.c and optical 
control equipment defined in 6A004.d.1.;
    (2) Solid-state detectors defined in 6A002.a.1, ``imaging sensors'' 
(e.g., ``monospectral imaging sensors'' and ``multispectral imaging 
sensors'') defined in 6A002.b.2.b.1, and cryocoolers defined in 
6A002.d.1 unless on or after September 23, 2002, the Department of 
State issues a commodity jurisdiction determination assigning the 
export licensing authority to the Department of Commerce, Bureau of 
Industry and Security.
    [sbull] 6E002 is amended by:
    (1) Revising the Reason for Control section to add regional 
stability as a reason for control for technology for items controlled 
by 6A002.e, 6A003.b.4, or 6A008.j.1.
    (2) Revising the License Exception section to note that 
``technology'' for the ``production'' of commodities defined in 6A002.e 
or 6A008.j.1 is no longer eligible for License Exception TSR.
    (3) Revising the Related Controls paragraph in the List of Items 
Controlled section to note that ``Technology'' according to the General 
Technology Note for the ``production'' of the following commodities is 
subject to the export licensing authority of the Department of State, 
Office of Defense Trade Controls (22 CFR part 121): (1) Components for 
optical systems defined in 6A004.c and optical control equipment 
defined in 6A004.d.1.; (2) Solid-state detectors defined in 6A002.a.1, 
sbull I11``imaging sensors'' (e.g., ``monospectral imaging sensors'' 
and ``multispectral imaging sensors'') defined in 6A002.b.2.b.1, and 
cryocoolers defined in 6A002.d.1 unless on or after September 23, 2002, 
the Department of State issues a commodity jurisdiction determination 
assigning the export licensing authority to the Department of Commerce, 
Bureau of Industry and Security.
    [sbull] 6E991 is amended by adding regional stability controls (RS 
column 1) for ``technology'' for equipment controlled by 6A998.b.
    In addition to the revisions made to the CCL, this rule adds a 
restriction that applies to all License Exceptions in section 740.2. 
Specifically, this rule adds paragraph (a)(6) to this section, which 
removes the following items from License Exception eligibility: 
Commodities defined in 3A001.b.8 (Traveling Wave Tube Amplifiers 
(TWTAs) exceeding 18 GHz), 6A002.e, 6A008.j.1, or 6A998.b; ``software'' 
for commodities defined in 3A001.b.8 (Traveling Wave Tube Amplifiers 
(TWTAs) exceeding 18 GHz), 6A002.e, 6A008.j.1, or 6A998.b and 
controlled under ECCNs 3D001 (Traveling Wave Tube Amplifiers (TWTAs) 
exceeding 18 GHz), 6D001, 6D002, 6D104, 6D991; and ``technology'' for 
commodities defined in ECCNs 3A001.b.8 (Traveling Wave Tube Amplifiers 
(TWTAs) exceeding 18 GHz), 6A002.e, 6A008.j.1, or 6A998.b and 
controlled under ECCNs 3E001, 6E001, 6E002, 6E101, 6E102, 6E991.
    Although the Export Administration Act expired on August 20, 2001, 
the President, through Executive Order 13222 of August 17, 2001 (66 FR 
44025 (August 22, 2001)), has continued the Export Administration 
Regulations in effect under the International Emergency Economic Powers 
Act.

Savings Clause

    Shipments of items which this rule either (i) transfers to State 
Department jurisdiction or (ii) retains under Commerce Department 
jurisdiction but removes from eligibility for export or reexport under 
License Exception authorization or without a license (``NLR''--no 
license required) that were on dock for loading, on lighter, laden 
aboard an exporting carrier or en route aboard a carrier to a port of 
export on September 23, 2002, pursuant to actual orders for export to 
that destination, may proceed to that destination under the previous 
License Exception or NLR authorization provision so long as they have 
been exported from the United States before October 21, 2002. Any such 
items not actually exported before midnight October 21, 2002 require a 
license in accordance with this regulation.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply

[[Page 59725]]

with a collection of information, subject to the requirements of the 
Paperwork Reduction Act, unless that collection of information displays 
a currently valid Office of Management and Budget Control Number. This 
rule involves a collection of information subject to the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This collection has 
been approved by the Office of Management and Budget under control 
number 0694-0088, ``Multi-Purpose Application,'' which carries a burden 
hour estimate of 45 minutes for a manual submission and 40 minutes for 
an electronic submission.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under E.O. 13132.
    4. 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 effective date, are inapplicable 
because this regulation involves a military and foreign affairs 
function of the United States (5 U.S.C. 553(a)(1)). Further, no other 
law requires that a notice of proposed rulemaking and an opportunity 
for public comment be given for this interim rule. Because a notice of 
proposed rulemaking and an opportunity for public comment are not 
required to be given for this rule under the Administrative Procedure 
Act or by any other law, the analytical requirements of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. 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 Exporter Services, Bureau of Industry and Security, Department of 
Commerce, P.O. Box 273, Washington, DC 20044.

List of Subjects

15 CFR Part 740

    Administrative practice and procedure, Exports, Foreign trade, 
Reporting and recordkeeping requirements.

15 CFR Parts 742 and 774

    Exports, Foreign trade.

    Accordingly, parts 740, 742, and 774 of the Export Administration 
Regulations (15 CFR parts 730-799) are amended as follows:
    1. The authority citation for 15 CFR part 740 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
Sec. 901-911, Pub. L. 106-387; E.O. 13026, 61 FR 58767, 3 CFR, 1996 
Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; 
Notice of August 14, 2002, 67 FR 53721, August 16, 2002.

    2. The authority citation for 15 CFR part 742 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
18 U.S.C. 2510 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 
Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 12058, 
43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 
CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., 
p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of November 9, 
2001, 66 FR 56965, 3 CFR, 2001 Comp., p. 917; Notice of August 14, 
2002, 67 FR 53721, August 16, 2002.


    3. The authority citation for 15 CFR part 774 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. 
287c, 22 U.S.C. 3201 et seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 
185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. 
app. 466c; 50 U.S.C. app. 5; Sec. 901-911, Pub. L. 106-387; Sec. 
221, Pub. L. 107-56; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of 
August 14, 2002, 67 FR 53721, August 16, 2002.

PART 740--[AMENDED]

    4. Section 740.2 is amended by adding paragraph (a)(7) to read as 
follows:


Sec.  740.2  Restrictions on all License Exceptions.

* * * * *
    (a) * * *
    (7) ``Space qualified'' items. Commodities defined in ECCNs 
3A001.b.8 (Traveling Wave Tube Amplifiers (TWTAs) exceeding 18 GHz), 
6A002.e, 6A008.j.1, or 6A998.b; ``software'' for commodities defined in 
ECCNs 3A001.b.8 (Traveling Wave Tube Amplifiers (TWTAs) exceeding 18 
GHz), 6A002.e, 6A008.j.1, or 6A998.b and controlled under ECCNs 3D001 
(Traveling Wave Tube Amplifiers (TWTAs) exceeding 18 GHz), 6D001, 
6D002, 6D104, 6D991; and ``technology'' for commodities defined in 
ECCNs 3A001.b.8 (Traveling Wave Tube Amplifiers (TWTAs) exceeding 18 
GHz), 6A002.e, 6A008.j.1, or 6A998.b and controlled under ECCNs 3E001, 
6E001, 6E002, 6E101, 6E102, 6E991.
* * * * *

PART 742--[AMENDED]

    5. Section 742.6 is amended by revising paragraph (a)(1), to read 
as follows:


Sec.  742.6  Regional stability.

    (a) * * *
    (1) As indicated in the CCL and in RS Column 1 of the Country Chart 
(see Supplement No. 1 to part 738 of the EAR), a license is required to 
all destinations, except Canada, for items described on the CCL under 
ECCNs 6A002.a.1, a.2, a.3, .c, or .e; 6A003.b.3 and b.4; 6A008.j.1; 
6A998.b; 6D001 (only ``software'' for the ``development'' or 
``production'' of items in 6A002.a.1, a.2, a.3, .c; 6A003.b.3 and .b.4; 
or 6A008.j.1); 6D002 (only ``software'' for the ``use'' of items in 
6A002.a.1, a.2, a.3, .c; 6A003.b.3 and .b.4; or 6A008.j.1); 6D991 (only 
``software'' for the ``development,'' ``production,'' or ``use'' of 
equipment controlled by 6A002.e or 6A998.b); 6E001 (only ``technology'' 
for ``development'' of items in 6A002.a.1, a.2, a.3, and .c or .e, 
6A003.b.3 and b.4, or 6A008.j.1); 6E002 (only ``technology'' for 
``production'' of items in 6A002.a.1, a.2, a.3, .c, or .e, 6A003.b.3 or 
b.4, or 6A008.j.1); 6E991 (only ``technology'' for the ``development,'' 
ldquo;production,'' or ``use'' of equipment controlled by 6A998.b); 
7D001 (only ``software'' for ``development'' or ``production'' of items 
in 7A001, 7A002, or 7A003); 7E001 (only ``technology'' for the 
``development'' of inertial navigation systems, inertial equipment, and 
specially designed components therefor for civil aircraft); 7E002 (only 
``technology'' for the ``production'' of inertial navigation systems, 
inertial equipment, and specially designed components therefor for 
civil aircraft); 7E101 (only ``technology'' for the ``use'' of inertial 
navigation systems, inertial equipment, and specially designed 
components for civil aircraft).
* * * * *

PART 774--[AMENDED]

    6. Supplement No. 1 to part 774, Category 3 (Electronics), is 
amended by:
    a. Revising the Related Controls and Related Definitions paragraph 
in the List of Items Controlled section of ECCNs 3A001 and 3A002; and
    b. Revising the License Exceptions and List of Items Controlled 
sections of ECCNs 3D001 and 3E001, to read as follows:

3A001 Electronic Components, as Follows (see List of Items Controlled).

* * * * *

License Exceptions

LVS: N/A for MT or NP
    Yes for:
    $1500: 3A001.c
    $3000: 3A001.b.1, b.2, b.3, .d, .e

[[Page 59726]]

and .f
    $5000: 3A001.a, and .b.4 to b.7
GBS: Yes for 3A001.a.1.b, a.2 to a.12, b.2, and b.8 (except for TWTAs 
exceeding 18 GHz)
CIV: Yes for 3A001.a.3.a (for processors with a CTP less than or equal 
to 12,000 MTOPS), a.3.b, a.3.c, a.4, a.7, and a.11.

List of Items Controlled

    Unit: * * *
    Related Controls: (1.) The following commodities are under the 
export licensing authority of the Department of State, Office of 
Defense
    Trade Controls (22 CFR part 121) when ``space qualified'' and 
operating at frequencies higher than 31 GHz: helix tubes (traveling 
wave tubes (TWT)) defined in 3A001.b.1.a.4.c; microwave solid state 
amplifiers defined in 3A001.b.4.b; microwave ``assemblies'' defined in 
3A001.b.6; traveling wave tube amplifiers (TWTA) defined in 3A001.b.8; 
and derivatives thereof; 2.) ``Space qualified'' and radiation hardened 
photovoltaic arrays, as defined in 3A001.e.1.c, having silicon cells or 
having single, dual or triple junction solar cells that have gallium 
arsenide as one of the junctions, are subject to the export licensing 
authority of the Department of Commerce. All other ``space qualified'' 
and radiation hardened photovoltaic arrays defined in 3A001.e.1.c and 
spacecraft/satellite concentrators and batteries are under the export 
licensing authority of the Department of State, Office of Defense Trade 
Controls (22 CFR part 121). See also 3A101, 3A201, and 3A991
    Related Definitions: For the purposes of integrated circuits in 
3A001.a.1, 5 x 103 Gy(Si) = 5 x 105 Rads (Si); 5 
x 106 Gy (Si)/s = 5 x 108 Rads (Si)/s. For 
purposes of photovoltaic arrays in 3A001.e.1.c, an array predominately 
consists of: a substrate; solar cells having silicon cells or having 
single, dual, and or triple junction solar cells that have gallium 
arsenide as one of the junctions; coverglass; ultra-violet coating(s); 
and bonding agent(s). Spacecraft/satellite: solar concentrators, power 
conditioners and or controllers, bearing and power transfer assembly, 
and or deployment hardware/systems are controlled under the export 
licensing authority of the Department of State, Office of Defense Trade 
Controls (22 CFR part 121).

    Items:
* * * * *

3A002 General purpose electronic equipment, as follows (see List of 
Items Controlled).

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: ``Space qualified'' atomic frequency standards 
defined in 3A002.g.2 are subject to the export licensing authority of 
the Department of State, Office of Defense Trade Controls (22 CFR part 
121). See also 3A292 and 3A992.
    Related Definitions: N/A
    Items:
* * * * *

3D001 ``Software'' Specially Designed for the ``Development'' or 
``Production'' of Equipment Controlled by 3A001.b to 3A002.g or 3B 
(Except 3B991 and 3B992).

* * * * *

License Exceptions

    CIV: N/A
    TSR: Yes, except for ``software'' specially designed for the 
``development'' or ``production'' of Traveling Wave Tube Amplifiers 
described in 3A001.b.8 having operating frequencies exceeding 18 GHz.

List of Items Controlled

    Unit: $ value.
    Related Controls: ``Software'' specially designed for the 
``development'' or ``production'' of the following equipment is under 
the export licensing authority of the Department of State, Office of 
Defense Trade Controls (22 CFR part 121): (a) When operating at 
frequencies higher than 31 GHz and ``space qualified'': Helix tubes 
(traveling wave tubes (TWT)) defined in 3A001.b.1.a.4.c; microwave 
solid state amplifiers defined in 3A001.b.4.b; microwave ``assemblies'' 
defined in 3A001.b.6; and traveling wave tube amplifiers (TWTA) defined 
in 3A001.b.8; (b) ``Space qualified'' and radiation hardened 
photovoltaic arrays defined in 3A001.e.1.c (i.e., not having silicon 
cells or single, dual or triple junction solar cells that have gallium 
arsenide as one of the junctions), spacecraft/satellite solar 
concentrators and batteries; and (c) ``Space qualified'' atomic 
frequency standards defined in 3A002.g.2. See also 3D101
    Related Definitions: For purposes of photovoltaic arrays in 
3A001.e.1.c, an array predominately consists of: a substrate; solar 
cells having silicon cells or having single, dual, and or triple 
junction solar cells that have gallium arsenide as one of the 
junctions; coverglass; ultra-violet coating(s); and bonding agent(s). 
Spacecraft/satellite: solar concentrators, power conditioners and or 
controllers, bearing and power transfer assembly, and or deployment 
hardware/systems are controlled under the export licensing authority of 
the Department of State, Office of Defense Trade Controls (22 CFR part 
121).
    Items:
    The list of items controlled is contained in the ECCN heading.
* * * * *

3E001 ``Technology'' According to the General Technology Note for the 
Development'' or ``Production'' of Equipment or Materials Controlled by 
3A (Except 3A292, 3A980, 3A981, 3A991 or 3A992), 3B (Except 3B991 or 
3B992) or 3C.

* * * * *

License Exceptions

    CIV: N/A
    TSR: Yes, except N/A for MT, and ``technology'' specially designed 
for the ``development'' or ``production'' of Traveling Wave Tube 
Amplifiers described in 3A001.b.8 having operating frequencies 
exceeding 18 GHz.

List of Items Controlled

    Unit: N/A
    Related Controls: (1.) See also 3E101 and 3E201. (2.) 3E001 does 
not control ``technology'' for the ``development'' or ``production'' 
of: (a) Microwave transistors operating at frequencies below 31 GHz; 
(b) Integrated circuits controlled by 3A001.a.3 to a.12, having all of 
the following: 1. Using ``technology'' of 0.7 micrometer or more, AND 
2. Not incorporating multi-layer structures. (3.) The term multi-layer 
structures in this entry does not include devices incorporating a 
maximum of two metal layers and two polysilicon layers. (4.) 
``Technology'' according to the General Technology Note for the 
``development'' or ``production'' of the following commodities is under 
the export licensing authority of the Department of State, Office of 
Defense Trade Controls (22 CFR part 121): (a) When operating at 
frequencies higher than 31 GHz and ``space qualified'': helix tubes 
(traveling wave tubes (TWT)) defined in 3A001.b.1.a.4.c; microwave 
solid state amplifiers defined in 3A001.b.4.b; microwave ``assemblies'' 
defined in 3A001.b.6; or traveling wave tube amplifiers (TWTA) defined 
in 3A001.b.8; (b) ``Space qualified'' and radiation hardened 
photovoltaic arrays defined in 3A001.e.1.c (i.e., not having silicon 
cells or single, dual or triple junction solar cells that have gallium 
arsenide as one of the junctions), and spacecraft/satellite solar 
concentrators and batteries; and (b) ``Space qualified'' atomic 
frequency standards defined in 3A002.g.2.

[[Page 59727]]

    Related Definition: For purposes of photovoltaic arrays in 
3A001.e.1.c, an array predominately consists of: a substrate; solar 
cells having silicon cells or having single, dual, and or triple 
junction solar cells that have gallium arsenide as one of the 
junctions; coverglass; ultra-violet coating(s); and bonding agent(s). 
Spacecraft/satellite: solar concentrators, power conditioners and or 
controllers, bearing and power transfer assembly, and or deployment 
hardware/systems are controlled under the export licensing authority of 
the Department of State, Office of Defense Trade Controls (22 CFR part 
121).
    Items:
    The list of items controlled is contained in the ECCN heading.
* * * * *

    7. In Supplement No. 1 to part 774, Category 5 (Telecommunications 
and ``Information Security'', Part I--Telecommunications), ECCNs 5A001, 
5A991, and 5E001, List of Items Controlled sections are revised to read 
as follows:

5A001 Telecommunications Systems, Equipment, and Components.

* * * * *

List of Items Controlled

    Unit: Equipment in number; parts and accessories in $ value.
    Related Controls: Telecommunications equipment defined in 5A001.a.1 
through 5A001.a.3 for use on board satellites is subject to the export 
licensing authority of the Department of State, Office of Defense Trade 
Controls (22 CFR part 121). See also 5A101 and 5A991.
    Related Definitions: N/A
    Items:
    a. Any type of telecommunications equipment having any of the 
following characteristics, functions or features:
    a.1. Specially designed to withstand transitory electronic effects 
or electromagnetic pulse effects, both arising from a nuclear 
explosion;
    a.2. Specially hardened to withstand gamma, neutron or ion 
radiation; or
    a.3. Specially designed to operate outside the temperature range 
from 218 K (-55[deg] C) to 397 K (124[deg] C).

    Note: 5A001.a.3 applies only to electronic equipment.


    Note: 5A001.a.2 and 5A001.a.3 do not apply to equipment on board 
satellites.

    b. Telecommunication transmission equipment and systems, and 
specially designed components and accessories therefor, having any of 
the following characteristics, functions or features:
    b.1 Being underwater communications systems having any of the 
following characteristics:
    b.1.a. An acoustic carrier frequency outside the range from 20 KHz 
to 60 KHz;
    b.1.b. Using an electromagnetic carrier frequency below 30 KHz; or
    b.1.c. Using electronic beam steering techniques;
    b.2. Being radio equipment operating in the 1.5 MHz to 87.5 MHz 
band and having any of the following characteristics:
    b.2.a. Incorporating adaptive techniques providing more than 15 dB 
suppression of an interfering signal; or
    b.2.b. Having all of the following:
    b.2.b.1. Automatically predicting and selecting frequencies and 
``total digital transfer rates'' per channel to optimize the 
transmission; and
    b.2.b.2. 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 MHz to 30 MHz frequency range 
or 250 W or more in the 30 MHz 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;
    b.3. Being radio equipment employing ``spread spectrum'' 
techniques, including ``frequency hopping'' techniques, having any of 
the following characteristics:
    b.3.a. User programmable spreading codes; or
    b.3.b. A total transmitted bandwidth which is 100 or more times the 
bandwidth of any one information channel and in excess of 50 KHz;

    Note: 5A001.b.3.b does not control radio equipment specially 
designed for use with civil cellular radio-communications systems.


    Note: 5A001.b.3 does not control equipment operating at an 
output power of 1.0 Watt or less.

    b.4. Being digitally controlled radio receivers having all of the 
following:
    b.4.a. More than 1,000 channels;
    b.4.b. A ``frequency switching time'' of less than 1 ms;
    b.4.c. Automatic searching or scanning of a part of the 
electromagnetic spectrum; and
    b.4.d. Identification of the received signals or the type of 
transmitter; or

    Note: 5A001.b.4 does not control radio equipment specially 
designed for use with civil cellular radio-communications systems.

    b.5. Employing functions of digital ``signal processing'' to 
provide voice coding at rates of less than 2,400 bit/s.
    c. Optical fiber communication cables, optical fibers and 
accessories, as follows:
    c.1. Optical fibers of more than 500 m in length specified by the 
manufacturer as being capable of withstanding a proof test tensile 
stress of 2 x 10\9\ N/m\2\ or more;

    Technical Note: Proof Test: on-line or off-line production 
screen testing that dynamically applies a prescribed tensile stress 
over a 0.5 to 3 m length of fiber at a running rate of 2 to 5 m/s 
while passing between capstans approximately 150 mm in diameter. The 
ambient temperature is a nominal 293 K (20[deg] C) and relative 
humidity 40%. Equivalent national standards may be used for 
executing the proof test.

    c.2. Optical fiber cables and accessories designed for underwater 
use.

    Note: 5A001.c.2 does not control standard civil 
telecommunication cables and accessories.

    N.B. 1: For underwater umbilical cables, and connectors thereof, 
see 8A002.a.3.
    N.B. 2: For fiber-optic hull penetrators or connectors, see 
8A002.c.
    d. ``Electronically steerable phased array antennae'' operating 
above 31 GHz.

    Note: 5A001.d does not control ``electronically steerable phased 
array antennae'' for landing systems with instruments meeting ICAO 
standards covering microwave landing systems (MLS).

* * * * *

5A991 Telecommunication Equipment, Not Controlled by 5A001.

* * * * *
List of Items Controlled
    Unit: * * *
    Related Controls: Telecommunication equipment defined in 5A991 for 
use on board satellites is subject to the export licensing authority of 
the Department of State, Office of Defense Trade Controls (22 CFR part 
121). See also 5E101 and 5E991.
    Related Definitions: * * *
    Items:
    a. Any type of telecommunications equipment, not controlled by 
5A001.a, specially designed to operate outside the temperature range 
from 219 K (-54 [deg]C) to 397 K (124 [deg]C).
    b. Telecommunication transmission equipment and systems, and 
specially designed components and accessories therefor, having any of 
the following characteristics, functions or features:

    Note: Telecommunication transmission equipment:
    a. Categorized as follows, or combinations thereof:

[[Page 59728]]

    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 mutiplex included);
    8. Modulators/demodulators (modems);
    9. Transmultiplex equipment (see CCITT Rec. G701);
    10. ``Stored program controlled'' digital crossconnection 
equipment;
    11. ``Gateways'' and bridges;
    12. ``Media access units''; and
    b. Designed for use in single or multi-channel communication via 
any of the following:
    1. Wire (line);
    2. Coaxial cable;
    3. Optical fiber cable;
    4. Electromagnetic radiation; or
    5. Underwater acoustic wave propagation.

     b.1. 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;
    b.2. Modems using the ``bandwidth of one voice channel'' with a 
``data signaling rate'' exceeding 9,600 bits per second;
    b.3. Being ``stored program controlled'' digital cross connect 
equipment with ``digital transfer rate'' exceeding 8.5 Mbit/s per port.
    b.4. Being equipment containing any of the following:
    b.4.a. ``Network access controllers'' and their related common 
medium having a ``digital transfer rate'' exceeding 33 Mbit/s; or
    b.4.b. ``Communication channel controllers'' with a digital output 
having a ``data signaling rate'' exceeding 64,000 bit/s per channel;

    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 
5A991.b.4.

    b.5. Employing a ``laser'' and having any of the following 
characteristics:
    b.5.a. A transmission wavelength exceeding 1,000 nm; or
    b.5.b. Employing analog techniques and having a bandwidth exceeding 
45 MHz;

    Note: 5A991.b.5.b does not control commercial TV systems.

    b.5.c. Employing coherent optical transmission or coherent optical 
detection techniques (also called optical heterodyne or homodyne 
techniques);
    b.5.d. Employing wavelength division multiplexing techniques; or
    b.5.e. Performing ``optical amplification'';
    b.6. Radio equipment operating at input or output frequencies 
exceeding:
    b.6.1. 31 GHz for satellite-earth station applications; or
    b.6.2. 26.5 GHz for other applications;

    Note: 5A991.b.6. does not control equipment for civil use when 
conforming with an International Telecommunications Union (ITU) 
allocated band between 26.5 GHz and 31 GHz.

    b.7. Being radio equipment employing any of the following:
    b.7.a. Quadrature-amplitude-modulation (QAM) techniques above level 
4 if the ``total digital transfer rate'' exceeds 8.5 Mbit/s;
    b.7.b. QAM techniques above level 16 if the ``total digital 
transfer rate'' is equal to or less than 8.5 Mbit/s; or
    b.7.c. Other digital modulation techniques and having a ``spectral 
efficiency'' exceeding 3 bit/sec/Hz;

    Notes: 1. 5A991.b.7 does not control equipment specially 
designed to be integrated and operated in any satellite system for 
civil use.

    2. 5A991.b.7 does not control radio relay equipment for operation 
in an ITU allocated band:
    a. Having any of the following:
    a.1. Not exceeding 960 MHz; or
    a.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.
    b.8. Providing functions of digital ``signal processing'' as 
follows:
    b.8.a. Voice coding at rates less than 2,400 bit/s;
    b.8.b. Employing circuitry that incorporates ``user-accessible 
programmability'' of digital ``signal processing'' circuits exceeding 
the limits of 4A003.b.
    c. ``Stored program controlled'' switching equipment and related 
signaling systems, having any of the following characteristics, 
functions or features, and specially designed components and 
accessories therefor:

    Note: Statistical multiplexers with digital input and digital 
output which provide switching are treated as ``stored program 
controlled'' switches.

    c.1. ``Data (message) switching'' equipment or systems designed for 
``packet-mode operation'' and assemblies and components therefor, 
n.e.s.
    c.2. Containing ``Integrated Services Digital Network'' (ISDN) 
functions and having any of the following:
    c.2.a. Switch-terminal (e.g., subscriber line) interfaces with a 
``digital transfer rate'' at the highest multiplex level exceeding 
192,000 bit/s, including the associated signaling channel (e.g., 2B+D); 
or
    c.2.b. The capability that a signaling message received by a switch 
on a given channel that is related to a communication on another 
channel may be passed through to another switch.

    Note: 5A991.c does not preclude the evaluation and appropriate 
actions taken by the receiving switch or unrelated user message 
traffic on a D channel of ISDN.

    c.3. Routing or switching of ``datagram'' packets;
    c.4. Routing or switching of ``fast select'' packets;

    Note: The restrictions in 5A991.c.3 and c.4 do not apply to 
networks restricted to using only ``network access controllers'' or 
to ``network access controllers'' themselves.

    c.5. Multi-level priority and pre-emption for circuit switching;

    Note: 5A991.c.5 does not control single-level call preemption.

    c.6. Designed for automatic hand-off of cellular radio calls to 
other cellular switches or automatic connection to a centralized 
subscriber data base common to more than one switch;
    c.7. Containing ``stored program controlled'' digital crossconnect 
equipment with ``digital transfer rate'' exceeding 8.5 Mbit/s per port.
    c.8. ``Common channel signaling'' operating in either non-
associated or quasi-associated mode of operation;
    c.9. ``Dynamic adaptive routing'';
    c.10. Being packet switches, circuit switches and routers with 
ports or lines exceeding any of the following:
    c.10.a. A ``data signaling rate'' of 64,000 bit/s per channel for a 
``communications channel controller''; or

    Note: 5A991.c.10.a does not control multiplex composite links 
composed only of communication channels not individually controlled 
by 5A991.b.1.

    c.10.b. A ``digital transfer rate'' of 33 Mbit/s for a ``network 
access controller'' and related common media;

    Note: 5A991.c.10 does not control packet switches or routers 
with ports or lines not exceeding the limits in 5A991.c.10.

    c.11. ``Optical switching'';
    c.12. Employing ``Asynchronous Transfer Mode (``ATM'') techniques.
    d. Optical fibers and optical fiber cables of more than 50 m in 
length designed for single mode operation;
    e. Centralized network control having all of the following 
characteristics:
    e.1. Receives data from the nodes; and
    e.2. Process these data in order to provide control of traffic not 
requiring operator decisions, and thereby performing ``dynamic adaptive 
routing'';

    Note: 5A991.e does not preclude control of traffic as a function 
of predictable statistical traffic conditions.


[[Page 59729]]


    f. Phased array antennae, operating above 10.5 GHz, containing 
active elements and distributed components, and designed to permit 
electronic control of beam shaping and pointing, except for landing 
systems with instruments meeting International Civil Aviation 
Organization (ICAO) standards (microwave landing systems (MLS)).
    g. Mobile communications equipment, n.e.s., and assemblies and 
components therefor; or
    h. Radio relay communications equipment designed for use at 
frequencies equal to or exceeding 19.7 GHz and assemblies and 
components therefor, n.e.s.

5E001 ``Technology'', (see List of Items Controlled).

* * * * *

List of Items Controlled

    Unit: $ value.
    Related Controls: Technology defined in 5E001.b.1, 5E001.b.2, 
5E001.b.4, or 5E001.c for use on board satellites is subject to the 
export licensing authority of the Department of State, Office of 
Defense Trade Controls (22 CFR part 121). See also 5E101 and 5E991
    Related Definitions: N/A.
    Items:
    a. ``Technology'' according to the General Technology Note for the 
``development'', ``production'' or ``use'' (excluding operation) of 
equipment, functions or features or ``software'' controlled by 5A001, 
5B001 or 5D001.
    b. Specific ``technologies'', as follows:
    b.1. ``Required'' ``technology'' for the ``development'' or 
``production'' of telecommunications equipment specially designed to be 
used on board satellites;
    b.2. ``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;
    b.3. ``Technology'' for the ``development'' of digital cellular 
radio systems;
    b.4. ``Technology'' for the ``development'' of ``spread spectrum'' 
techniques, including ``frequency hopping'' techniques.
    c. ``Technology'' according the General Technology Note for the 
``development'' or ``production'' of any of the following 
telecommunication transmission or ``stored program controlled'' 
switching equipment, functions or features:
    c.1. Equipment employing digital techniques, including 
``Asynchronous Transfer Mode'' (``ATM''), designed to operate at a 
``total digital transfer rate'' exceeding 1.5 Gbit/s;
    c.2. Equipment employing a ``laser'' and having any of the 
following:
    c.2.a. A transmission wavelength exceeding 1750 nm;
    c.2.b. Performing ``optical amplification'' using praseodymium-
doped fluoride fiber amplifiers (PDFFA);
    c.2.c. Employing coherent optical transmission or coherent optical 
detection techniques (also called optical heterodyne or homodyne 
techniques);
    c.2.d. Employing wavelength division multiplexing techniques 
exceeding 8 optical carriers in a single optical window; or
    c.2.e. Employing analog techniques and having a bandwidth exceeding 
2.5 GHz;

    Note: 5E001.c.2.e. does not control ``technology'' for the 
``development'' or ``production'' of commercial TV systems.

    c.3. Equipment employing ``optical switching''; or
    c.4. Radio equipment having any of the following:
    c.4.a. Quadrature-amplitude-modulation (QAM) techniques above level 
128; or
    c.4.b. Operating at input or output frequencies exceeding 31GHz; or

    Note: 5E001.c.4.b. does not control ``technology'' for the 
``development'' or ``production'' of equipment designed or modified 
for operation in any frequency band which is ``allocated by the 
ITU'' for radio-communications services, but not for radio-
determination.

    c.5. Equipment employing ``common channel signaling'' operating in 
either non-associated or quasi-associated mode of operation.
* * * * *

    8. Supplement No. 1 to part 774, Category 6 (Sensors and Lasers), 
is amended by:
    a. Revising the License Requirements section, and the Related 
Controls and Related Definitions paragraphs in the List of Items 
Controlled section of ECCN 6A002;
    b. Revising ECCNs 6A008, 6A998, 6D001, 6D002, 6D991, 6E001, 6E002, 
and 6E991; and
    c. Revising the Related Controls paragraph in the List of Items 
Controlled section of ECCNs 6A004 and 6D104, to read as follows:

6A002 Optical sensors.

License Requirements

    Reason for Control: NS, MT, CC, RS, AT, UN.

------------------------------------------------------------------------
               Control(s)                         Country chart
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.
MT applies to optical detectors in       MT Column 1.
 6A002.a.1, a.3, and .e that are
 specially designed or rated as
 electromagnetic (including ``lasers'')
 and ionized particle radiation
 resistant.
RS applies to 6A002.a.1, a.2, a.3, .c,   RS Column 1.
 and .e.
CC applies to police-model infrared      CC Column 1.
 viewers in 6A002.c.
AT applies to entire entry.............  AT Column 1.
UN applies to 6A002.a.1, a.2 a.3 and c.  Rwanda; Federal Republic of
                                          Yugoslavia (Serbia and
                                          Montenegro).
UN applies to 6A002....................  Federal Republic of Yugoslavia
                                          (Serbia and Montenegro).
------------------------------------------------------------------------

    License Requirement Notes: See Sec.  743.1 of the EAR for reporting 
requirements for exports under License Exceptions.

List of Items Controlled

    Unit: * * *
    Related Controls: The following commodities are subject to the 
export licensing authority of U.S. Department of State, Office of 
Defense Trade Controls (22 CFR part 121): 1.) ``Image intensifiers'' 
defined in 6A002.a.2 and ``focal plane arrays'' defined in 6A002.a.3 
specially designed, modified, or configured for military use and not 
part of civil equipment; 2.) ``Space qualified'' solid-state detectors 
defined in 6A002.a.1, ``space qualified'' imaging sensors (e.g., 
``monospectral imaging sensors'' and ``multispectral imaging sensors'') 
defined in 6A002.b.2.b.1, and ``space qualified'' cryocoolers defined 
in 6A002.d.1, unless, on or after September 23, 2002, the Department of 
State issues a commodity jurisdiction determination assigning the 
export licensing authority to the Department of Commerce, Bureau of 
Industry and Security. See also 6A102, 6A202, and 6A992

    Note: Exporters may apply for a commodity jurisdiction request 
with the Department of State, Office of Defense Trade Controls for 
``space qualified'' solid-state detectors defined in 6A002.a.1 and 
imaging sensors (e.g., ``monospectral imaging sensors'' and 
``multispectral imaging sensors'') defined in 6A002.b.2.b.1 that may 
have predominant civil application(s).

    Related Definitions: N/A
    Items:
* * * * *

[[Page 59730]]

6A004 Optics.

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: ``Space qualified'' components for optical 
systems defined in 6A004.c and optical control equipment defined in 
6A004.d.1 are subject to the export licensing authority of the 
Department of State, Office of Defense Trade Controls (22 CFR part 
121). See also 6A994
    Related Definitions: * * *
    Items: * * *
* * * * *

6A008 Radar Systems, Equipment and Assemblies Having Any of the 
Characteristics (See List of Items Controlled), and Specially Designed 
Components Therefor.

License Requirements

    Reason for Control: NS, MT, RS, AT.

------------------------------------------------------------------------
               Control(s)                         Country chart
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.
MT applies to items that are designed    MT Column 1.
 for airborne applications and that are
 usable in systems controlled for MT
 reasons.
RS applies to 6A008.j.1................  RS Column 1.
AT applies to entire entry.............  AT Column 1.
------------------------------------------------------------------------

    License Requirement Notes: See Sec.  743.1 of the EAR for reporting 
requirements for exports under License Exceptions.

License Exceptions

    LVS: $5000; N/A for MT and for 6A008.j.1 and 6A008.1.3
    GBS: Yes, for 6A008.b, .c, and l.1 only.
    CIV: Yes, for 6A008.b, .c, and l.1 only.

List of Items Controlled

    Unit: $ value.
    Related Controls: This entry does not control: Secondary 
surveillance radar (SSR); Car radar designed for collision prevention; 
Displays or monitors used for Air Traffic Control (ATC) having no more 
than 12 resolvable elements per mm; Meteorological (weather) radar. See 
also 6A108 and 6A998. ECCN 6A998 controls, inter alia, the LIDAR 
equipment excluded by the note to paragraph j of this ECCN (6A008).
    Related Definitions: N/A.
    Items:
    a. Operating at frequencies from 40 GHz to 230 GHz and having an 
average output power exceeding 100 mW;
    b. Having a tunable bandwidth exceeding +/-6.25% of the center 
operating frequency;

    Technical Note: The center operating frequency equals one half 
of the sum of the highest plus the lowest specified operating 
frequencies.

    c. Capable of operating simultaneously on more than two carrier 
frequencies;
    d. Capable of operating in synthetic aperture (SAR), inverse 
synthetic aperture (ISAR) radar mode, or sidelooking airborne (SLAR) 
radar mode;
    e. Incorporating ``electronically steerable phased array 
antennae'';
    f. Capable of heightfinding non-cooperative targets;

    Note: 6A008.f does not control precision approach radar (PAR) 
equipment conforming to ICAO standards.

    g. Specially designed for airborne (balloon or airframe mounted) 
operation and having Doppler ``signal processing'' for the detection of 
moving targets;
    h. Employing processing of radar signals using any of the 
following:
    h.1. ``Radar spread spectrum'' techniques; or
    h.2. ``Radar frequency agility'' techniques;
    i. Providing ground-based operation with a maximum ``instrumented 
range'' exceeding 185 km;

    Note: 6A008.i does not control:
    a. Fishing ground surveillance radar;
    b. Ground radar equipment specially designed for en route air 
traffic control, provided that all the following conditions are met:
    1. It has a maximum ``instrumented range'' of 500 km or less;
    2. It is configured so that radar target data can be transmitted 
only one way from the radar site to one or more civil ATC centers;
    3. It contains no provisions for remote control of the radar 
scan rate from the en route ATC center; and
    4. It is to be permanently installed;
    c. Weather balloon tracking radars.

    j. Being ``laser'' radar or Light Detection and Ranging (LIDAR) 
equipment, having any of the following:
    j.1. ``Space-qualified''; or
    j.2. Employing coherent heterodyne or homodyne detection techniques 
and having an angular resolution of less (better) than 20 [mu]r 
(microradians);

    Note: 6A008.j does not control LIDAR equipment specially 
designed for surveying or for meteorological observation.

    k. Having ``signal processing'' sub-systems using ``pulse 
compression'', with any of the following:
    k.1. A ``pulse compression'' ratio exceeding 150; or
    k.2. A pulse width of less than 200 ns; or
    1. Having data processing sub-systems with any of the following:
    1.1. ``Automatic target tracking'' providing, at any antenna 
rotation, the predicted target position beyond the time of the next 
antenna beam passage;

    Note: 6A008.1.1 does not control conflict alert capability in 
ATC systems, or marine or harbor radar.

    1.2. Calculation of target velocity from primary radar having non-
periodic (variable) scanning rates;
    1.3. Processing for automatic pattern recognition (feature 
extraction) and comparison with target characteristic data bases 
(waveforms or imagery) to identify or classify targets; or
    1.4. Superposition and correlation, or fusion, of target data from 
two or more ``geographically dispersed'' and ``interconnected radar 
sensors'' to enhance and discriminate targets.

    Note: 6A008.1.4 does not control systems, equipment and 
assemblies designed for marine traffic control.

* * * * *

6A998 Radar Systems, Equipment and Assemblies, n.e.s., (See List of 
Items Controlled), and Specially Designed Components Therefor.

License Requirements

    Reason for Control: RS, AT

------------------------------------------------------------------------
               Control(s)                         Country chart
------------------------------------------------------------------------
RS applies to paragraph .b.............  RS Column 1.
AT applies to entire entry.............  AT Column 1.
------------------------------------------------------------------------

License Exceptions

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

List of Items Controlled

    Unit: $ value.
    Related Controls: N/A.
    Related Definitions: N/A.
    Items:
    a. Airborne radar equipment, n.e.s., and specially designed 
components therefor.
    b. ``Space-qualified'' ``laser'' radar or Light Detection and 
Ranging (LIDAR) equipment specially designed for surveying or for 
meteorological observation.
* * * * *

6D001 ``Software'' Specially Designed for the ``Development'' or 
``Production'' of Equipment Controlled by 6A004, 6A005, 6A008, or 
6B008.

License Requirements

    Reason for Control: NS, MT, NP, RS, AT.

[[Page 59731]]



------------------------------------------------------------------------
               Control(s)                         Country chart
------------------------------------------------------------------------
NS applies to ``software'' for           NS Column 1.
 equipment controlled by 6A004, 6A005,
 6A008 or 6B008.
MT applies to ``software'' for           MT Column 1.
 equipment controlled by 6A008 or 6B008
 for MT reasons.
NP applies to ``software'' for           NP Column 1.
 equipment controlled by 6A005 for NP
 reasons.
RS applies to ``software'' for           RS Column 1.
 equipment controlled by 6A008.j.1.
AT applies to entire entry.............  AT Column 1.
------------------------------------------------------------------------

    License Requirement Notes: See Sec.  743.1 of the EAR for reporting 
requirements for exports under License Exceptions.

License Exceptions

    CIV: N/A
    TSR: Yes, except for the following:
    (1) Items controlled for MT reasons;
    (2) ``Software'' specially designed for the ``development'' or 
``production'' of ``space qualified'' ``laser'' radar or Light 
Detection and Ranging (LIDAR) equipment defined in 6A008.j.1; or
    (3) Exports or reexports to destinations outside of Austria, 
Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland, 
Italy, Japan, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or 
the United Kingdom of ``software'' specially designed for the 
``development'' or ``production'' of equipment controlled by 6A008.1.3 
or 6B008.

List of Items Controlled

    Unit: $ value.
    Related Controls: ``Software'' specially designed for the 
``development'' or ``production'' of ``space qualified'' components for 
optical systems defined in 6A004.c and ``space qualified'' optical 
control equipment defined in 6A004.d.1 is subject to the export 
licensing authority of the Department of State, Office of Defense Trade 
Controls (22 CFR part 121). See also 6D991, and ECCNs 6E001 
(``development'') and 6E102 (``use'') for ``technology'' for items 
controlled under this entry.
    Related Definitions: N/A.
    Items:
    The list of items controlled is contained in the ECCN heading.
* * * * *

6D002 ``Software'' specially designed for the ``use'' of equipment 
controlled by 6A002.b, 6A008, or 6B008.

License Requirements

    Reason for Control: NS, MT, RS, AT

------------------------------------------------------------------------
               Control(s)                         Country chart
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 1.
MT applies to ``software'' for           MT Column 1.
 equipment controlled by 6A008 or 6B008
 for MT reasons.
RS applies to ``software'' for           RS Column 1.
 equipment controlled by 6A008.j.1.
AT applies to entire entry.............  AT Column 1.
------------------------------------------------------------------------

License Exceptions

    CIV: N/A
    TSR: Yes, except N/A for the following
    (1) Items controlled for MT reasons; or
    (2) ``Software'' specially designed for the ``use'' of ``space 
qualified'' ``laser'' radar or Light Detection and Ranging (LIDAR) 
equipment defined in 6A008.j.1.

List of Items Controlled

    Unit: $ value.
    Related Controls: ``Software'' specially designed for the ``use'' 
of ``space qualified'' imaging sensors (e.g., ``monospectral imaging 
sensors'' and``multispectral imaging sensors'') defined in 
6A002.b.2.b.1 is subject to the export licensing authority of the 
Department of State, Office of Defense Trade Controls (22 CFR part 
121), unless, on or after September 23, 2002, the Department of State 
issues a commodity jurisdiction determination assigning the export 
licensing authority to the Department of Commerce, Bureau of Industry 
and Security. ``Software'' specially designed for the ``use'' of 
``space qualified'' LIDAR equipment specially designed for surveying or 
for meteorological observation, released from control under the note in 
6A008.j, is controlled in 6D991. See also 6D102, 6D991, and 6D992
    Related Definitions: N/A.
    Items:
    The list of items controlled is contained in the ECCN heading.
* * * * *

6D104 ``Software'' Specially Designed for the ``use'' of Equipment 
Controlled by 6A002, 6A003, 6A007, 6A102, and 6B108, for MT Reasons.

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: ``Software'' specially designed for the ``use'' 
of ``space qualified'' solid-state (optical) detectors defined in 
6A002.a.1 is subject to the export licensing authority of the 
Department of State, Office of Defense Trade Controls (22 CFR part 
121), unless, on or after September 23, 2002, the Department of State 
issues a commodity jurisdiction determination assigning the export 
licensing authority to the Department of Commerce, Bureau of Industry 
and Security.
    Related Definitions: * * *
    Items: * * *
* * * * *

6D991 ``Software'' Specially Designed for the ``Development'', 
``Production'', or ``Use'' of Equipment Controlled by 6A002.e, 6A991, 
6A996, 6A997, or 6A998.

License Requirements

    Reason for Control: RS, AT

------------------------------------------------------------------------
               Control(s)                         Country chart
------------------------------------------------------------------------
RS applies to ``software'' for           RS Column 1.
 equipment controlled by 6A002.e or
 6A998.b.
AT applies to entire entry, except       AT Column 1.
 ``software'' for equipment controlled
 by 6A991.
AT applies to ``software'' for           AT Column 2.
 equipment controlled by 6A991.
------------------------------------------------------------------------

License Exceptions

    CIV: N/A
    TSR: N/A

List of Items Controlled

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

6E001 ``Technology'' According to the General Technology Note for the 
``Development'' of Equipment, Materials or ``Software'' Controlled by 
6A (Except 6A018, 6A991, 6A992, 6A994, 6A995, 6A996, 6A997, or 6A998), 
6B (Except 6B995), 6C (Except 6C992 or 6C994), or 6D (Except 6D991, 
6D992, or 6D993).

License Requirements

    Reason for Control: NS, MT, NP, RS, CC, AT, UN

------------------------------------------------------------------------
               Control(s)                         Country chart
------------------------------------------------------------------------
NS applies to ``technology'' for items   NS Column 1.
 controlled by 6A001 to 6A008, 6B004 to
 6B008, 6C002 to 6C005, or 6D001 to
 6D003.

[[Page 59732]]

 
MT applies to ``technology'' for items   MT Column 1.
 controlled by 6A002, 6A007, 6A008,
 6A102, 6A107, 6A108, 6B008, 6B108,
 6D001, 6D002, 6D102 or 6D103 for MT
 reasons.
NP applies to ``technology'' for items   NP Column 1.
 controlled by 6A003, 6A005, 6A202,
 6A203, 6A205, 6A225, 6A226 or 6D001
 for NP reasons.
RS applies to ``technology'' for         RS Column 1.
 equipment controlled by 6A002.a.1,
 .a.2, .a.3, .c, or .e, 6A003.b.3 or
 .b.4, or 6A008.j.1.
CC applies to ``technology'' for         CC Column 1.
 equipment controlled by 6A002 for CC
 reasons.
AT applies to entire entry.............  AT Column 1.
UN applies to ``technology'' for         Rwanda; Federal Republic of
 equipment controlled by 6A002 or 6A003   Yugoslavia (Serbia and
 for UN reasons.                          Montenegro).
------------------------------------------------------------------------

    License Requirement Notes: See Sec.  743.1 of the EAR for reporting 
requirements for exports under License Exceptions.

License Exceptions

    CIV: N/A
    TSR: Yes, except for the following:
    (1) Items controlled for MT reasons;
    (2) ``Technology'' for commodities controlled by 6A002.e, 6A004.e, 
or 6A008.j.1;
    (3) ``Technology'' for ``software'' specially designed for ``space 
qualified'' ``laser'' radar or Light Detection and Ranging (LIDAR) 
equipment defined in 6A008.j.1 and controlled by 6D001 or 6D002; or
    (4) Exports or reexports to destinations outside of Austria, 
Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland, 
Italy, Japan, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or 
the United Kingdom of ``technology'' for the ``development'' of the 
following: (a) Items controlled by 6A001.a.2.a.1, 6A001.a.2.a.2, 
6A001.a.2.a.5, 6A001.a.2.b, 6A001.a.2.e., 6A002.a.1.c, 6A008.l.3, 
6B008, 6D003.a; (b) Equipment controlled by 6A001.a.2.c or 6A001.a.2.f 
when specially designed for real time applications; or (c) ``Software'' 
controlled by 6D001 and specially designed for the ``development'' or 
``production'' of equipment controlled by 6A008.l.3 or 6B008.

List of Items Controlled

    Unit: N/A
    Related Controls: ``Technology'' according to the General 
Technology Note for the ``development'' of the following commodities is 
subject to the export licensing authority of the Department of State, 
Office of Defense Trade Controls (22 CFR part 121): ``Space qualified'' 
(1.) Components for optical systems defined in 6A004.c and optical 
control equipment defined in 6A004.d.1.; (2.) Solid-state detectors 
defined in 6A002.a.1, ``imaging sensors'' (e.g., ``monospectral imaging 
sensors'' and ``multispectral imaging sensors'') defined in 
6A002.b.2.b.1, and cryocoolers defined in 6A002.d.1 unless on or after 
September 23, 2002, the Department of State issues a commodity 
jurisdiction determination assigning the export licensing authority to 
the Department of Commerce, Bureau of Industry and Security. See also 
6E101, 6E201, and 6E991.
    Related Definitions: N/A
    Items:
    The list of items controlled is contained in the ECCN heading.

6E002 ``Technology'' According to the General Technology Note for the 
``Production'' of Equipment or Materials Controlled by 6A (Except 
6A018, 6A991, 6A992, 6A994, 6A995, 6A996, 6A997 or 6A998), 6B (Except 
6B995) or 6C (Except 6C992 or 6C994).

License Requirements

    Reason for Control: NS, MT, NP, RS, AT, CC, UN

------------------------------------------------------------------------
               Control(s)                         Country chart
------------------------------------------------------------------------
NS applies to ``technology'' for         NS Column 1.
 equipment controlled by 6A001 to
 6A008, 6B004 to 6B008, or 6C002 to
 6C005.
MT applies to ``technology'' for         MT Column 1.
 equipment controlled by 6A002, 6A007,
 6A008, 6A102, 6A107, 6A108, 6B008, or
 6B108 for MT reasons.
NP applies to ``technology'' for         NP Column 1.
 equipment controlled by 6A003, 6A005,
 6A202, 6A203, 6A205, 6A225 or 6A226
 for NP reasons.
RS applies to ``technology'' for         RS Column 1.
 equipment controlled by 6A002.a.1,
 .a.2, .a.3, .c or .e, 6A003.b.3 or
 .b.4, or 6A008.j.1.
CC applies to ``technology'' for         CC Column 1.
 equipment controlled by 6A002 for CC
 reasons.
AT applies to entire entry.............  AT Column 1.
UN applies to ``technology'' for         Rwanda; Federal Republic of
 equipment controlled by 6A002 or 6A003   Yugoslavia (Serbia and
 for UN reasons.                          Montenegro)
------------------------------------------------------------------------

    License Requirement Notes: See Sec.  743.1 of the EAR for reporting 
requirements for exports under License Exceptions.

License Exceptions

    CIV: N/A
    TSR: Yes, except for the following:
    (1) Items controlled for MT reasons;
    (2) ``Technology'' for commodities controlled by 6A002.e, 6A004.e, 
6A008.j.1; or
    (3) Exports or reexports to destinations outside of Austria, 
Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland, 
Italy, Japan, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or 
the United Kingdom of ``technology'' for the ``development'' of the 
following: (a) Items controlled by 6A001.a.2.a.1, 6A001.a.2.a.2, 
6A001.a.2.a.5, 6A001.a.2.b, and 6A001.a.2.c; and (b) Equipment 
controlled by 6A001.a.2.e and 6A001.a.2.f when specially designed for 
real time applications; or (c) ``Software'' controlled by 6D001 and 
specially designed for the ``development'' or ``production'' of 
equipment controlled by 6A002.a.1.c, 6A008.l.3 or 6B008.

List of Items Controlled

    Unit: N/A
    Related Controls: ``Technology'' according to the General 
Technology Note for the ``production'' of the following commodities is 
subject to the export licensing authority of the Department of State, 
Office of Defense Trade Controls (22 CFR part 121) when intended for 
use on a satellite: ``Space qualified'' (1.) Components for optical 
systems defined in 6A004.c and optical control equipment defined in 
6A004.d.1.; (2.) Solid-state detectors defined in 6A002.a.1, ``imaging 
sensors'' (e.g., ``monospectral imaging sensors'' and ``multispectral 
imaging sensors'') defined in 6A002.b.2.b.1, and cryocoolers defined in 
6A002.d.1 unless on or after September 23, 2002, the Department of 
State issues a commodity jurisdiction determination assigning the 
export licensing authority to the Department of Commerce, Bureau of 
Industry and Security. See also 6E992.
    Related Definitions: N/A
    Items:
    The list of items controlled is contained in the ECCN heading.
* * * * *

[[Page 59733]]

6E991 ``Technology'' for the ``Development'', ``Production'' or ``Use'' 
Equipment Controlled by 6A991, 6A996, 6A997, or 6A998.

License Requirements

    Reason for Control: RS, AT

------------------------------------------------------------------------
               Control(s)                         Country chart
------------------------------------------------------------------------
RS applies to ``technology'' for         RS Column 1.
 equipment controlled by 6A998.b.
AT applies to entire entry except        AT Column 1.
 ``technology'' for equipment
 controlled by 6A991.
AT applies to ``technology'' for         AT Column 2.
 equipment controlled by 6A991.
------------------------------------------------------------------------

License Exceptions

    CIV: N/A.
    TSR: N/A.

List of Items Controlled

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

    Dated: September 12, 2002.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 02-23713 Filed 9-20-02; 8:45 am]
BILLING CODE 3510-33-P