[Federal Register Volume 73, Number 54 (Wednesday, March 19, 2008)]
[Notices]
[Pages 14769-14770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5614]


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 Notices
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  Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / 
Notices  

[[Page 14769]]



DEPARTMENT OF COMMERCE

Bureau of Industry and Security

[Docket No. 080229350-8434-01]


Request for Public Comments on Crime Control License Requirements 
in the Export Administration Regulations

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Notice of inquiry.

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SUMMARY: The Bureau of Industry and Security is seeking public comment 
on the crime control export and reexport license requirements contained 
in the Export Administration Regulations. Specifically, BIS is seeking 
public input on whether the scope of items currently subject to crime 
control license requirements should be revised to add or remove items. 
BIS is also seeking public comments on whether the destinations to 
which crime control license requirements apply should be revised.

DATES: Comments must be received no later than June 17, 2008.

ADDRESSES: Written comments may be submitted via http://www.regulations.gov (at the home page, in the field under the search 
tab, enter BIS-2008-0005-0001. When the page containing this notice 
appears, click on the ``comment'' link). Comments may also be submitted 
by e-mail directly to BIS at [email protected] or on paper to 
U.S. Department of Commerce, Bureau of Industry and Security, 
Regulatory Policy Division, Room H-7205, Washington DC 20230.

FOR FURTHER INFORMATION CONTACT: Chantal Lakatos, Office of Non-
proliferation and Treaty Compliance, Bureau of Industry and Security, 
telephone: 202-482-1739; fax: 202-482-4145; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The Export Administration Regulations (15 Code of Federal 
Regulations (CFR) Parts 730-774) impose license requirements for 
certain exports from the United States and reexports from other 
countries. One of the reasons that a license may be required is ``crime 
control.'' The purpose of the crime control license requirement is the 
``support of U.S. foreign policy to promote human rights throughout the 
world'' (15 CFR 742.7(a)). The items to which crime control license 
requirements apply are listed in the Commerce Control List (CCL) (15 
CFR Part 774, Supp. No. 1). The specific entries on the CCL that 
describe items to which crime control license requirements apply are 
set forth in 15 CFR 742.7(a)(1) through (4). That section also 
describes, in part through reference to the country chart in 15 CFR 
Part 738, Supp. No. 1, the destinations to which licenses are required. 
Items currently subject to crime control license requirements generally 
are either exclusively or primarily used for law enforcement purposes.
    In light of the recent significant technological advances in many 
industries, a review of the scope of items subject to crime control 
license requirements is warranted. The existing controls are described 
below.

Existing Crime Control License Requirements Based on 15 CFR 742.7(a)(1) 
Through (4)

Items Subject to License Requirements

    The following list describes in general terms the items for which a 
license is required for crime control reasons. Some of these items may 
also require licenses for other reasons and some of these Export 
Control Classification Numbers (ECCNs) may include some items to which 
the crime control license requirement does not apply. This list 
provides a general outline of the overall scope of items for which a 
license is required for crime control reasons as set forth in 15 CFR 
742.7(a)(1) through (4). For more detailed and exact descriptions, see 
the individual CCL entries.

ECCN Item.
0A978 Saps.
0A979 Police helmets and shields.
0A982 Restraint devices.
0A984 Shotguns with a barrel length of 18 inches or more.
0A985 Discharge type arms.
0A987 Optical sighting devices.
0E982 Technology exclusively for development or production of 
commodities covered by 0A982 or 0A985.
0E984 Technology for development or production of shotguns covered by 
0A984.
1A984 Tear gas, smoke bombs, liquid pepper, et cetera.
1A985 Fingerprinting powders, dyes and inks.
3A980 Voice print identification equipment.
3A981 Polygraphs, fingerprint analyzers.
3D980 Software specially designed for development, production, or use 
of commodities covered by 3A980 or 3A981.
3E980 Technology specially designed for development, production, or use 
of commodities covered by 3A980 or 3A981.
4A003 Digital computers (for fingerprint equipment).
4A980 Computers for fingerprint equipment not elsewhere specified on 
the CCL.
4D001 Software specially designed or modified for the development, 
production or use of computerized fingerprint equipment controlled by 
ECCN 4A003.
4D980 Software for development, production or use of ECCN 4A980 
fingerprint computers.
4E001 Technology for development, production or use of digital 
computers for fingerprint equipment controlled by ECCN 4A003.
4E980 Technology for development, production or use of ECCN 4A980 
fingerprint equipment computers.
6A002.c Police-model infrared viewers.
6E001 Technology for police-model infrared viewers development.
6E002 Technology for police-model infrared viewer production.
9A980 Mobile crime laboratories.

Destinations Subject to License Requirements

    The destinations to which crime control license requirements apply 
vary according to the item.
    Restraint devices as described in ECCN 0A982, discharge type arms 
as described in ECCN 0A985, and technology as described in ECCN 0E982

[[Page 14770]]

require a license to all destinations other than Canada.
    Shotguns described in ECCN 0A984 with a barrel length of 24 inches 
or greater and technology described in ECCN 0E984 for the development 
or production of such shotguns require a license for crime control 
reasons to all end-users in Albania, Armenia, Azerbaijan, Belarus, 
Cambodia, Fiji, Georgia, Iraq, Kazakhstan, North Korea, Kyrgystan, 
Laos, Moldova, Mongolia, Montenegro, Russia, Rwanda, Serbia, 
Tajikistan, Turkmenistan, Ukraine, Uzbekistan and Vietnam.
    Shotguns with a barrel length of 24 inches or greater and 
technology described in ECCN 0E984 for the development or production of 
such shotguns require a license if they are to be sold or transferred 
to the police in a destination other than Australia, Belgium, Bulgaria, 
Canada, Czech Republic, Denmark, Estonia, France, Germany, Greece, 
Hungary, Iceland, Italy, Japan, Latvia, Lithuania, Luxembourg, the 
Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Slovakia, 
Slovenia, Spain, Turkey and the United Kingdom.
    All other items for which a license is required for crime control 
reasons pursuant to 15 CFR 742.7(a), including shotguns with a barrel 
length equal to or greater than 18 inches but less than 24 inches and 
technology for the development or production of such shotguns, require 
a license for export or reexport to all destinations except Australia, 
Belgium, Bulgaria, Canada, Czech Republic, Denmark, Estonia, France, 
Germany, Greece, Hungary, Iceland, Italy, Japan, Latvia, Lithuania, 
Luxembourg, the Netherlands, New Zealand, Norway, Poland, Portugal, 
Romania, Slovakia, Slovenia, Spain, Turkey and the United Kingdom.
    BIS is not seeking comments on license requirements for shotguns 
with a barrel length of less than 18 inches, rifles or pistols because 
their export and reexport is subject to the International Traffic in 
Arms Regulations, which are administered by the Department of State.

Requests for Comments

    BIS is seeking public comments on whether the scope of items 
subject to the crime control license requirements of 15 CFR 742.7(a)(1) 
through (4) should be modified. Such modification might include adding 
items, removing items or altering the descriptions of items currently 
subject to such license requirements. BIS is particularly, but not 
exclusively, interested in comments on whether items such as biometric 
devices, integrated security systems, and training software, 
particularly firearms training software, should be subject to crime 
control license requirements.
    BIS is also seeking public comments on whether the universe of 
destinations to which a license is required should be changed, either 
by adding or removing destinations. Comments that address practical 
considerations such as defining license requirements with sufficient 
clarity to be understood by the public and sufficient precision to 
support the U.S. foreign policy to promote human rights without placing 
excessive costs on transactions that do not impact human rights are 
likely to be more useful than comments that do not address those 
considerations. Comments that provide a reasoned explanation in support 
of the position taken in the comment are likely to be more useful than 
comments that merely assert a position without such explanation.

    Dated: March 14, 2008.
Matthew S. Borman,
Acting Assistant Secretary for Export Administration.
 [FR Doc. E8-5614 Filed 3-18-08; 8:45 am]
BILLING CODE 3510-33-P