[Federal Register Volume 75, Number 57 (Thursday, March 25, 2010)]
[Rules and Regulations]
[Pages 14335-14342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6588]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740, 742, 748, and 774

[Docket No. 0906041008-91452-01]
RIN 0694-AE64


Revisions to the Export Administration Regulations To Enhance 
U.S. Homeland Security: Addition of Three Export Control Classification 
Numbers (ECCNs) and License Review Policy

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This rule amends the Export Administration Regulations (EAR) 
by revising controls to advance U.S. homeland security and foreign 
policy interests. The revisions include language that should facilitate 
public understanding of how concealed object detection equipment is 
treated for purposes of U.S. Government export controls, in particular 
by detailing the

[[Page 14336]]

technical parameters of concealed object detection equipment that is 
subject to the Export Administration Regulations. These amendments 
reflect issues identified by an interagency working group that is 
reviewing export control issues related to homeland security. The 
interagency working group is made up of representatives from the 
Departments of Commerce, Defense, Homeland Security and State. The 
purpose of the interagency working group is to ensure that appropriate 
export controls are in place to protect U.S. export control interests 
for homeland security related items, while at the same time 
facilitating the development, production and use of items that will 
enhance U.S. homeland security and the homeland security of key U.S. 
allies. To help accomplish these objectives, this rule adds three new 
entries to the Commerce Control List (CCL) to control certain concealed 
object detection equipment operating in the frequency range from 30 GHz 
to 3000 GHz and related software and technology. In addition, to 
facilitate the export and reexport of these items to certain trusted 
destinations and end-users, this rule adds new license review criteria 
to the EAR to create a presumption of approval for certain cooperating 
countries provided the items are being made to a government end-user or 
to a person designated by the government end-user pursuant to contract.

DATES: Effective Date: This rule is effective March 25, 2010. Although 
there is no formal comment period, public comments on this regulation 
are welcome on a continuing basis.

ADDRESSES: You may submit comments, identified by RIN 0694-AE64, by any 
of the following methods:
    E-mail: [email protected]. Include ``RIN 0694-AE64'' in 
the subject line of the message.
    Fax: (202) 482-3355. Please alert the Regulatory Policy Division, 
by calling (202) 482-2440, if you are faxing comments.
    Mail or Hand Delivery/Courier: Timothy Mooney, U.S. Department of 
Commerce, Bureau of Industry and Security, Regulatory Policy Division, 
14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230, 
Attn: RIN 0694-AE64.
    Send comments regarding the collection of information associated 
with this rule, including suggestions for reducing the burden, to 
Jasmeet K. Seehra, Office of Management and Budget (OMB), by e-mail to 
[email protected], or by fax to (202) 395-7285; and to 
the Regulatory Policy Division, Bureau of Industry and Security, 
Department of Commerce, 14th St. & Pennsylvania Avenue, NW., Room 2705, 
Washington, DC 20230. Comments on this collection of information should 
be submitted separately from comments on the final rule (i.e., RIN 
0694-AE64)--all comments on the latter should be submitted by one of 
the three methods outlined above.

FOR FURTHER INFORMATION CONTACT: Ronald Rolfe, Senior Engineer/
Licensing Officer, Nuclear Missile Technology Controls Division, Office 
of Nonproliferation and Treaty Compliance, telephone: (202) 482-4563.

SUPPLEMENTARY INFORMATION:

Background

    The Export Administration Regulations (EAR) protect the national 
security and foreign policy interests of the United States, which 
includes protecting the homeland security interests of the United 
States. BIS has previously adapted the EAR to address homeland security 
related export control issues through measures such as expanding the 
Entity List to add Sec.  744.11 (License Requirements that Apply to 
Entities Acting Contrary to the National Security or Foreign Policy 
Interests of the United States to the EAR), see 73 FR 49311, Aug. 21, 
2008, and adding restrictions on certain designated persons in Sec.  
744.8 (Restrictions on exports and reexports to persons designated 
pursuant to Executive Order 13382--Blocking Property of Weapons of Mass 
Destruction Proliferators and Their Supporters), see 74 FR 2355, Jan. 
15, 2009. An interagency working group on homeland security export 
control issues, composed of representatives from the Departments of 
Commerce, Defense, Homeland Security, and State, has identified 
additional areas where changes should be made to the EAR. This rule 
implements the first set of changes identified by the interagency 
working group by adding language to facilitate public understanding of 
how concealed object detection equipment is treated for purposes of 
U.S. Government export controls in particular by detailing the 
technical parameters of concealed object detection equipment that is 
subject to the Export Administration Regulations. These changes to the 
EAR are also in the foreign policy interest of the United States.

Development, Production and Procurement of Homeland Security Items

    The Department of Homeland Security (DHS) has research and 
development (R&D) and procurement programs that are used to develop, 
produce and procure items for homeland security. These R&D and 
procurement activities include the use of various government agencies, 
both within DHS and outside of DHS, along with various private sector 
contractors. The U.S. Government also maintains international 
cooperative homeland security agreements with certain countries. These 
agreements facilitate collaborative efforts with partner countries to 
develop, produce and deploy homeland security items. The U.S. 
Government has agreements with the following nine countries: Australia, 
Canada, France, Germany, Israel, Mexico, Singapore, Sweden, and the 
United Kingdom. The U.S. Government has pending agreements with the 
European Union (nonbinding implementing arrangement only), the 
Netherlands, New Zealand and Japan.

CCL Based Controls Need To Evolve To Keep Pace With Homeland Security 
Innovations

    The interagency working group on homeland security related export 
control issues is working to identify any areas in which CCL-based 
controls may not control DHS-related innovations at an appropriate 
level. This rule addresses one such area by adding three new entries to 
the Commerce Control List (CCL) to control certain concealed object 
detection equipment operating in the frequency range from 30 GHz to 
3000 GHz and related software and technology. Specifically, this rule 
makes the following changes to the Export Administration Regulations:
    (1) In Supplement No. 1 to part 774, the Commerce Control List 
(CCL), this rule adds three new Export Control Classification Numbers 
(ECCNs) 2A984, 2D984 and 2E984. These three new ECCNs will be subject 
to Regional Stability (RS 2) and Anti-terrorism (AT 1) controls on the 
CCL. BIS worked with the Departments of State, Defense and Homeland 
Security to develop these new controls.
    ECCN 2A984 controls concealed object detection equipment operating 
in the frequency range from 30 GHz to 3000 GHz and having a spatial 
resolution of 0.5 milliradian up to and including 1 milliradian at a 
standoff distance of 100 meters. A ``Note'' to this ECCN entry 
clarifies that concealed object detection equipment includes but is not 
limited to equipment for screening people, documents, baggage, other 
personal effects, cargo and/or mail. A ``Technical Note'' to this ECCN 
entry clarifies that the range of frequencies span what is generally

[[Page 14337]]

considered as the millimeter-wave, submillimeter-wave and terahertz 
frequency regions.
    ECCN 2A984 includes references to make the public aware of 
``Related Controls'' for these types of concealed object detection 
equipment. Specifically, ECCN 2A984 specifies the following three 
``Related Controls'': (1) Concealed object detection equipment 
operating in the frequency range from 30 GHz to 3000 GHz and having a 
spatial resolution less than 0.5 milliradian (a lower milliradian 
number means a more accurate image resolution) at a standoff distance 
of 100 meters is under the export licensing authority of the U.S. 
Department of State (22 CFR parts 120 through 130). (2) Concealed 
object detection equipment operating in the frequency range from 30 GHz 
to 3000 GHz and having a spatial resolution greater than 1 milliradian 
(a higher milliradian number means a less accurate image resolution) at 
a standoff distance of 100 meters is designated as EAR99. (3) See ECCNs 
2D984 and 2E984 for related software and technology controls.
    ECCN 2D984 controls software ``required'' for the ``development,'' 
``production'' or ``use'' of concealed object detection equipment 
controlled by 2A984.
    ECCN 2E984 controls technology ``required'' for the 
``development,'' ``production'' or ``use'' of equipment controlled by 
2A984 or ``required'' for the ``development'' of software controlled by 
2D984.
    (2) This rule amends two existing ECCNs to conform with the three 
new ECCNs added to the CCL with this final rule. Specifically:
    ECCN 2E001 is amended by revising the heading of the ECCN to 
clarify that this ECCN entry does not include technology for 2A984, 
which will be controlled under new ECCN 2E984, as described above.
    ECCN 2E002 is amended by revising the heading of the ECCN to 
clarify that this ECCN entry does not include technology for 2A984, 
which will be controlled under new ECCN 2E984, as described above.
    (3) In part 740 (License Exceptions), this rule expands one of the 
general restrictions on the use of license exceptions under Sec.  740.2 
(Restrictions on all License Exceptions) by adding three additional 
ECCNs that are included in the scope of the general restrictions. 
Specifically, this rule adds ECCNs 2A984, 2D984 and 2E984 to paragraph 
(a)(8) of Sec.  740.2. Prior to publication of this rule, paragraph 
(a)(8) of Sec.  740.2 only applied to ECCNs 2A983, 2D983 and 2E983. 
With the publication of this rule, paragraph (a)(8) of Sec.  740.2 will 
include ECCNs 2A983, 2A984, 2D983, 2D984, 2E983 and 2E984. Because of 
this general restriction, items controlled under ECCNs 2A983, 2A984, 
2D983, 2D984, 2E983 or 2E984 are not eligible for export pursuant to 
any license exception unless the license exception is one of those 
specified in paragraph (a)(8)(i), (ii) or (iii).
    Lastly, as a technical correction to a final rule that was 
published in July 2004, this rule removes an incorrect cross reference 
in paragraph (a)(8)(ii) that referenced a paragraph in License 
Exception GOV (i.e., Sec.  740.11(b)(2)(v)) that does not exist. This 
inadvertent cross reference was added to the EAR on July 30, 2004 (69 
FR 46070).
    (4) In Sec.  740.10 (Servicing and replacement of parts and 
equipment (RPL)), this rule expands the scope of paragraph (c) (Special 
Recordkeeping Requirements: ECCNs 2A983 and 2D983) by adding new ECCNs 
2A984 and 2D984 to these special record keeping requirements. 
Specifically, in addition to any other recordkeeping requirements set 
forth elsewhere in the EAR, exporters are required to maintain records, 
as specified in this section, for any items exported or reexported 
pursuant to License Exception RPL to repair or service previously 
legally exported or reexported items controlled under ECCNs 2A983, 
2A984, 2D983 and 2D984. Requirements for what additional information 
needs to be kept are specified under paragraph (c).
    (5) In Sec.  740.13 (Technology and software--unrestricted (TSU)), 
this rule expands the scope of paragraph (f)(Special Recordkeeping 
Requirements: ECCNs 2D983 and 2E983) by adding new ECCNs 2D984 and 
2E984 to these special record keeping requirements. Specifically, in 
addition to any other recordkeeping requirements set forth elsewhere in 
the EAR, exporters are required to maintain records, as specified in 
this paragraph, when exporting operation software or technology 
controlled under ECCNs 2D983, 2D984, 2E983, and 2E984, respectively, 
under License Exception TSU. Records maintained pursuant to this 
section may be requested at any time by an appropriate BIS official as 
set forth in Sec.  762.7 of the EAR. Requirements for what additional 
information needs to be kept are specified under paragraph (f).
    (6) In part 742 (Control Policy--CCL Based Controls), this rule 
adds a new license review policy in Sec.  742.6 (Regional Stability), 
to facilitate the export of items classified under ECCNs 2A984, 2D984 
and 2E984 that are being exported or reexported to certain trusted 
destinations and end-users. Specifically, this new license review 
policy states that applications to export and reexport items controlled 
under ECCNs 2A984, 2D984 and 2E984 will be reviewed under a presumption 
of approval when exported or reexported to Austria, Cyprus, Finland, 
Ireland, Israel, Malta, Mexico, Singapore or Sweden, provided the items 
are being made to a government end-user or to a person designated by 
the government end-user pursuant to contract. License applications to 
export to a designated person must include a statement from the 
government end-user that the contractor is so designated.
    This license review policy specifically names Austria, Cyprus, 
Finland, Ireland, Israel, Malta, Mexico, Singapore and Sweden because, 
under Sec.  742.6(a)(4)(i), as indicated in the CCL and in RS Column 2 
of the Country Chart (see Supplement No. 1 to part 738 of the EAR), a 
license is not required to export items controlled for RS Column 2 to 
Australia, Japan, New Zealand, and countries in the North Atlantic 
Treaty Organization (NATO). Implementing this license review policy for 
Austria, Cyprus, Finland, Ireland, Israel, Malta, Mexico, Singapore and 
Sweden will therefore facilitate the export and reexport of items 
controlled under ECCNs 2A984, 2D984 and 2E984 to all of the countries 
that currently maintain international cooperative homeland security 
agreements or are party to an implementing arrangement with the United 
States.
    This new licensing policy for ECCNs 2A984, 2D984 and 2E984 differs 
from the licensing policy for the other RS Column 2 controlled items 
listed under Sec.  742.6(a)(4)(i). Applications to export or reexport 
any other RS Column 2 controlled items listed in Sec.  742.6(a)(4)(i) 
to Austria, Cyprus, Finland, Ireland, Israel, Malta, Mexico, Singapore 
and Sweden will generally be considered favorably on a case-by-case 
basis unless there is evidence that the export or reexport would 
contribute significantly to the destabilization of the region to which 
the equipment is destined. The license review policy for any 
destination other than for Austria, Cyprus, Finland, Ireland, Israel, 
Malta, Mexico, Singapore and Sweden (i.e., other countries subject to 
an RS Column 2 license requirement) for the new ECCNs will be the same 
as other RS Column 2 controlled items listed under Sec.  
742.6(a)(4)(i), meaning applications to export or reexport items 
controlled by ECCNs 2A984, 2D984 and 2E984 will generally be considered 
favorably on a case-by-case basis unless there is evidence that the 
export or reexport

[[Page 14338]]

would contribute significantly to the destabilization of the region to 
which the equipment is destined.
    (7) Also in Sec.  742.6, this rule revises paragraph (c) (Contract 
Sanctity Date) by redesignating paragraph (c) as paragraph (c)(1) and 
adding a new paragraph (c)(2) to provide contract sanctity provisions 
for the three new ECCNs added to the CCL with this rule: ECCNs 2A984, 
2D984 and 2E984. These new contract sanctity provisions will be 
applicable as of March 19, 2010. This contract sanctity date applies 
only to items controlled under ECCNs 2A984, 2D984 and 2E984 destined 
for countries not listed in Country Group E (Supplement 1 to part 740).
    (8) In Sec. Sec.  742.9 (Syria), 742.10 (Sudan) and 742.19 (North 
Korea), under paragraph (b) (Licensing Policy) in each of these 
sections, this rule adds three new paragraphs under paragraph (b) to 
indicate the licensing policy for the three new ECCNs added to the CCL 
with this rule: ECCNs 2A984, 2D984 and 2E984. These new paragraphs 
indicate that applications for export and reexport to all end-users in 
these three countries (Syria, Sudan, and North Korea) of items 
controlled under ECCNs 2A984, 2D984 and 2E984 will generally be denied.
    (9) In Supplement No. 2 to part 742 (Anti-Terrorism Controls: North 
Korea, Syria and Sudan Contract Sanctity Dates and Related Policies), 
to conform with the contract sanctity provisions added to paragraph (b) 
in Sec. Sec.  742.9, 742.10 and 742.19, as described above, this rule 
adds new contract sanctity provisions under paragraph (c) of Supplement 
No. 2 for the three ECCNs added to the CCL with this rule: ECCNs 2A984, 
2D984 and 2E984. Specifically, this rule adds new paragraphs (c)(46), 
(c)(47) and (c)(48) to Supplement No. 2 to provide guidance to the 
public on the license review policy for ECCNs 2A984, 2D984 and 2E984 
for North Korea, Syria and Sudan, respectively.
    (10) In Supplement No. 2 to part 748 (Unique application and 
submission requirements), this rule revises paragraph (k) (Regional 
stability controlled items) by redesignating paragraph (k) as paragraph 
(k)(1) and adding a new paragraph (k)(2) to provide guidance on 
additional support documentation that must be submitted for certain 
export or reexport license applications for items classified as ECCNs 
2A984, 2D984 and 2E984 to certain countries and end-users. 
Specifically, this new paragraph states that if you are submitting a 
license application for the export or reexport to Austria, Cyprus, 
Finland, Ireland, Israel, Malta, Mexico, Singapore or Sweden of items 
controlled by ECCNs 2A984, 2D984 and 2E984 to a person designated by a 
government end-user, pursuant to contract, your license application to 
export to such designated person must include a statement from the 
government end-user that the person is so designated. A responsible 
official representing the designated end-user must sign the statement. 
``Responsible official'' is defined as someone with personal knowledge 
of the information included in the statement, and authority to bind the 
designated end-user for whom they sign, and who has the power and 
authority to control the use and disposition of the licensed items. 
Statements from government end-users that the person is so designated 
(i.e., support documents submitted in accordance with paragraph (k)(2)) 
must address the following three criteria for a license application to 
be reviewed in accordance with the license review policy in Sec.  
742.6(b)(2)(ii): (1) U.S. Department of Homeland Security (DHS) 
Customer Contract Number or agreement reference number, End-user name 
(company), complete address (including street address, city, state, 
country and postal code), end-user point of contact (POC); (2) Brief 
contract description, including DHS Project information and projected 
outcome; and (3) the statement shall include a certification stating 
``We certify that all of the representations in this statement are true 
and correct to the best of our knowledge and we do not know of any 
additional representations which are inconsistent with the above 
statement.''

Savings Clause

    Shipments of items removed from eligibility for a License Exception 
or export or reexport without a license (NLR) as a result of this 
regulatory action that were on dock for loading, on lighter, laden 
aboard an exporting or reexporting carrier, or en route aboard a 
carrier to a port of export or reexport, on March 25, 2010, pursuant to 
actual orders for export or reexport to a foreign destination, may 
proceed to that destination under the previous eligibility for a 
License Exception or export or reexport without a license (NLR) so long 
as they are exported or reexported before April 26, 2010. Any such 
items not actually exported or reexported before midnight, on April 26, 
2010, require a license in accordance with this rule.
    Consistent with the provisions of section 6 of the Export 
Administration Act of 1979, as amended (EAA), a foreign policy report 
was submitted to Congress on March 19, 2010, notifying Congress of the 
imposition of foreign policy-based licensing requirements reflected in 
this rule.
    Although the Export Administration Act expired on August 20, 2001, 
the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 
2001 Comp., p. 783 (2002), as extended by the Notice of August 13, 2009 
(74 FR 41325 (August 14, 2009)), has continued the Export 
Administration Regulations in effect under the International Emergency 
Economic Powers Act.

Rulemaking Requirements

    1. This rule has been determined to be significant for purposes of 
Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to nor be subject to a penalty for failure to 
comply with a collection of information, subject to the requirements of 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.) (PRA), 
unless that collection of information displays a currently valid Office 
of Management and Budget (OMB) Control Number. This regulation involves 
collections previously approved by the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour 
estimate of 58 minutes to prepare and submit form BIS-748. 
Miscellaneous and recordkeeping activities account for 12 minutes per 
submission. Total burden hours associated with the Paperwork Reduction 
Act and Office of Management and Budget control number 0694-0088 are 
expected to increase slightly as a result of this rule.
    3. This rule does not contain policies with Federalism implications 
as that term is defined in Executive Order 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 or foreign affairs function 
of the United States. (See 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 rule. Because a notice of proposed 
rulemaking and an opportunity for public comment are not required to be 
given for this rule by 5 U.S.C. 553, or by any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 
601, et seq., are not applicable.

[[Page 14339]]

List of Subjects

15 CFR Parts 740 and 748

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

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

0
Accordingly, parts 740, 742, 748, and 774 of the Export Administration 
Regulations (15 CFR parts 730-774) are amended as follows:

PART 740--[AMENDED]

0
1. The authority citation for 15 CFR part 740 continues to read as 
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 7201 et seq.; 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 13, 2009, 74 FR 41325 (August 14, 2009).


0
2. Section 740.2 is amended:
0
a. By revising the introductory text of paragraph (a)(8); and
0
b. By revising paragraph (a)(8)(ii) to read as follows:


Sec.  740.2  Restrictions on all License Exceptions.

    (a) * * *
    (8) The item is controlled under ECCNs 2A983, 2A984, 2D983, 2D984, 
2E983 or 2E984 and the License Exception is other than:
* * * * *
    (ii) GOV, restricted to eligibility under the provisions of Sec.  
740.11(b)(2)(ii); or
* * * * *

0
3. Section 740.10 is amended:
0
a. By redesignating paragraph (a)(3)(vi) as paragraph (a)(3)(vii);
0
b. By adding new paragraph (a)(3)(vi); and
0
c. By revising the heading for paragraph (c) and the introductory text 
of paragraph (c)(1).
    The revision and addition read as follows:


Sec.  740.10  Servicing and replacement of parts and equipment (RPL).

* * * * *
    (a) * * *
* * * * *
    (3) * * *
    (vi) No replacement parts may be exported to countries in Country 
Group E:1 if the commodity to be repaired is concealed object detection 
equipment controlled under ECCN 2A984 or related software controlled 
under ECCN 2D984.
* * * * *
    (c) Special recordkeeping requirements: ECCNs 2A983, 2A984, 2D983 
and 2D984. (1) In addition to any other recordkeeping requirements set 
forth elsewhere in the EAR, exporters are required to maintain records, 
as specified in this section, for any items exported or reexported 
pursuant to License Exception RPL to repair or service previously 
legally exported or reexported items controlled under ECCNs 2A983, 
2A984, 2D983 and 2D984. The following information must be specially 
maintained for each such export or reexport transaction:
* * * * *

0
4. Section 740.13 is amended by revising the introductory text of 
paragraph (f) to read as follows:


Sec.  740.13  Technology and software --unrestricted (TSU).

* * * * *
    (f) Special recordkeeping requirements: ECCNs 2D983, 2D984, 2E983 
and 2E984. In addition to any other recordkeeping requirements set 
forth elsewhere in the EAR, exporters are required to maintain records, 
as specified in this paragraph, when exporting operation software or 
technology controlled under ECCNs 2D983, 2D984, 2E983, and 2E984, 
respectively, under License Exception TSU. Records maintained pursuant 
to this section may be requested at any time by an appropriate BIS 
official as set forth in Sec.  762.7 of the EAR. The following 
information must be specially maintained for each export or reexport 
transaction, under License Exception TSU, of operation software and 
technology controlled by ECCNs 2D983, 2D984, 2E983, and 2E984:
* * * * *

PART 742--[AMENDED]

0
5. The authority citation for 15 CFR part 742 continues to read as 
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 
U.S.C. 7210; Sec 1503, Pub. L. 108-11, 117 Stat. 559; 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; Presidential Determination 
2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; Notice of August 
13, 2009, 74 FR 41325 (August 14, 2009); Notice of November 6, 2009, 
74 FR 58187 (November 10, 2009).


0
6. Section 742.6 is amended:
0
a. By revising paragraph (a)(4)(i);
0
b. By revising paragraph (b)(2);
0
c. By redesignating paragraph (c) as (c)(1); and
0
d. By adding paragraph (c)(2), to read as follows:


Sec.  742.6  Regional stability.

    (a) * * *
    (4) * * *
    (i) License Requirements Applicable to Most RS Column 2 Items. As 
indicated in the CCL and in RS Column 2 of the Commerce Country Chart 
(see Supplement No. 1 to part 738 of the EAR), a license is required to 
any destination except Australia, Japan, New Zealand, and countries in 
the North Atlantic Treaty Organization (NATO) for items described on 
the CCL under ECCNs 0A918, 0E918, 1A004.d, 1D003 (software to enable 
equipment to perform the functions of equipment controlled by 1A004.d), 
1E001 (technology for the development, production, or use of 1A004.d), 
2A983, 2A984, 2D983, 2D984, 2E983, 2E984, 8A918, and for military 
vehicles and certain commodities (specially designed) used to 
manufacture military equipment, described on the CCL in ECCNs 0A018.c, 
1B018.a, 2B018, 9A018.a and .b, 9D018 (only software for the ``use'' of 
commodities in ECCN 9A018.a and .b), and 9E018 (only technology for the 
``development'', ``production'', or ``use'' of commodities in 9A018.a 
and .b).
* * * * *
    (b) * * *
    (2) Licensing policy for RS Column 2 items. (i) Except as described 
in paragraph (b)(2)(ii), applications to export and reexport 
commodities described in paragraph (a)(4) of this section will 
generally be considered favorably on a case-by-case basis unless there 
is evidence that the export or reexport would contribute significantly 
to the destabilization of the region to which the equipment is 
destined.
    (ii) Applications to export and reexport items controlled under 
ECCNs 2A984, 2D984 and 2E984 will be reviewed under a presumption of 
approval when exported or reexported to Austria, Cyprus, Finland, 
Ireland, Israel, Malta, Mexico, Singapore or Sweden, provided the items 
to be exported or reexported are being made to a government end-user or 
to a person designated by the government end-user pursuant to contract. 
License applications to export to a designated person must include a 
statement from the government end-user that the person is so 
designated. See Supplement No. 2 to part 748, paragraph (k)(2).
* * * * *
    (c) * * *
    (2) Contract sanctity date: March 19, 2010. This contract sanctity 
date applies

[[Page 14340]]

only to items controlled under ECCNs 2A984, 2D984 and 2E984 destined 
for countries not listed in Country Group E (Supplement 1 to part 740). 
See parts 742 and 746 for the contract sanctity requirements applicable 
to exports and reexports to countries listed in Country Group E.
* * * * *

0
7. Section 742.9 is amended by adding paragraphs (b)(1)(xii), 
(b)(1)(xiii), and (b)(1)(xiv), to read as follows:


Sec.  742.9  Anti-terrorism: Syria.

* * * * *
    (b) * * *
    (1) * * *
    (xii) Concealed object detection equipment controlled under ECCN 
2A984.
    (xiii) ``Software'' (ECCN 2D984) ``required'' for the 
``development'', ``production'' or ``use'' of concealed object 
detection equipment controlled by 2A984.
    (xiv) ``Technology'' (ECCN 2E984) ``required'' for the 
``development'', ``production'' or ``use'' of concealed object 
detection equipment controlled by 2A984, or the ``development'' of 
``software'' controlled by 2D984.
* * * * *

0
8. Section 742.10 is amended by adding paragraphs (b)(1)(xii), 
(b)(1)(xiii), and (b)(1)(xiv), to read as follows:


Sec.  742.10  Anti-Terrorism: Sudan.

* * * * *
    (b) * * *
    (1) * * *
    (xii) Concealed object detection equipment controlled under ECCN 
2A984.
    (xiii) ``Software'' (ECCN 2D984) ``required'' for the 
``development'', ``production'' or ``use'' of concealed object 
detection equipment controlled by 2A984.
    (xiv) ``Technology'' (ECCN 2E984) ``required'' for the 
``development'', ``production'' or ``use'' of concealed object 
detection equipment controlled by 2A984, or the ``development'' of 
``software'' controlled by 2D984.
* * * * *

0
9. Section 742.19 is amended by adding paragraphs (b)(1)(xxii), 
(b)(1)(xxiii), and (b)(1)(xxiv), to read as follows:


Sec.  742.19  Anti-terrorism: North Korea.

* * * * *
    (b) * * *
    (1) * * *
    (xxii) Concealed object detection equipment controlled under ECCN 
2A984.
    (xxiii) ``Software'' (ECCN 2D984) ``required'' for the 
``development'', ``production'' or ``use'' of concealed object 
detection equipment controlled by 2A984.
    (xxiv) ``Technology'' (ECCN 2E984) ``required'' for the 
``development'', ``production'' or ``use'' of concealed object 
detection equipment controlled by 2A984, or the ``development'' of 
``software'' controlled by 2D984.
* * * * *

0
10. Supplement No. 2 to Part 742 is amended by adding paragraphs 
(c)(46), (c)(47), and (c)(48), to read as follows:

Supplement No. 2 to Part 742--Anti-Terrorism Controls: North Korea, 
Syria and Sudan Contract Sanctity Dates and Related Policies

* * * * *
    (c) * * *
* * * * *
    (46) Concealed object detection equipment described in ECCN 
2A984.
    (i) Syria. Applications for all end-users in Syria of these 
commodities will generally be denied. Contract sanctity date: March 
19, 2010.
    (ii) Sudan. Applications for all end-users in Sudan of these 
commodities will generally be denied. Contract sanctity date: March 
19, 2010.
    (iii) North Korea. Applications for all end-users in North Korea 
of these commodities will generally be denied. Contract sanctity 
date: March 19, 2010.
    (47) ``Software'' described in ECCN 2D984 ``required'' for the 
``development'', ``production'' or ``use'' of concealed object 
detection equipment controlled by 2A984.
    (i) Syria. Applications for all end-users in Syria of these 
software will generally be denied. Contract sanctity date: March 19, 
2010.
    (ii) Sudan. Applications for all end-users in Sudan of these 
software will generally be denied. Contract sanctity date: March 19, 
2010.
    (iii) North Korea. Applications for all end-users in North Korea 
of these software will generally be denied. Contract sanctity date: 
March 19, 2010.
    (48) ``Technology'' described in ECCN 2E984 ``required'' for the 
``development'', ``production'' or ``use'' of concealed object 
detection equipment controlled by 2A984, or the ``development'' of 
``software'' controlled by 2D984.
    (i) Syria. Applications for all end-users in Syria of these 
items will generally be denied. Contract sanctity date: March 19, 
2010.
    (ii) Sudan. Applications for all end-users in Sudan of these 
items will generally be denied. Contract sanctity date: March 19, 
2010.
    (iii) North Korea. Applications for all end-users in North Korea 
of these items will generally be denied. Contract sanctity date: 
March 19, 2010.

PART 748--[AMENDED]

0
11. The authority citation for 15 CFR part 748 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
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 13, 2009, 74 
FR 41325 (August 14, 2009).


0
12. Supplement No. 2 to part 748 is amended by revising paragraph (k), 
to read as follows:

Supplement No. 2 to Part 748--Unique Application and Submission 
Requirements

* * * * *
    (k) Regional stability controlled items. (1) If you are 
submitting a license application for the export or reexport of items 
controlled for regional stability reasons and subject to licensing 
under RS Column 1 on the Country Chart, your license application 
must be accompanied by full technical specifications.
    (2) If you are submitting a license application for the export 
or reexport to Austria, Cyprus, Finland, Ireland, Israel, Malta, 
Mexico, Singapore or Sweden of items controlled by ECCNs 2A984, 
2D984 or 2E984 to a person designated by a government end-user, 
pursuant to contract, your license application to export to such 
designated person must include a statement from the government end-
user to be eligible for the licensing policy under Sec.  
742.6(b)(2)(ii). A responsible official representing the designated 
end-user must sign the statement. ``Responsible official'' is 
defined as someone with personal knowledge of the information 
included in the statement, and authority to bind the designated end-
user for whom they sign, and who has the power and authority to 
control the use and disposition of the licensed items. Statements 
from government end-users that the person is so designated (i.e., 
support documents submitted in accordance with this paragraph 
(k)(2)) must address the following three criteria for a license 
application to be reviewed in accordance with the license review 
policy in Sec.  742.6(b)(2)(ii):
    (i) U.S. Department of Homeland Security (DHS) Customer Contract 
Number or agreement reference number, End-user name (company), 
complete address (including street address, city, state, country and 
postal code), end-user point of contact (POC);
    (ii) Brief contract description, including DHS Project 
information and projected outcome; and
    (iii) The statement shall include a certification stating ``We 
certify that all of the representations in this statement are true 
and correct to the best of our knowledge and we do not know of any 
additional representations which are inconsistent with the above 
statement.''
* * * * *

PART 774--[AMENDED]

0
13. The authority citation for 15 CFR part 774 continues 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); 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.

[[Page 14341]]

1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22 
U.S.C. 7210; 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 
13, 2009, 74 FR 41325 (August 14, 2009).


0
14. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, is amended by adding Export Control 
Classification Number (ECCN) 2A984 after ECCN 2A983 and before ECCN 
2A991, to read as follows:

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

* * * * *

2A984 Concealed object detection equipment operating in the frequency 
range from 30 GHz to 3000 GHz and having a spatial resolution of 0.5 
milliradian up to and including 1 milliradian at a standoff distance of 
100 meters; and parts and components, n.e.s.

License Requirements

    Reason for Control: RS, AT

 
                Control(s)                         Country chart
 
RS applies to entire entry...............  RS Column 2.
AT applies to entire entry...............  AT Column 1.
 

License Exceptions

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

List of Items Controlled

    Unit: $ value
    Related Controls: (1) Concealed object detection equipment 
operating in the frequency range from 30 GHz to 3000 GHz and having 
a spatial resolution less than 0.5 milliradian (a lower milliradian 
number means a more accurate image resolution) at a standoff 
distance of 100 meters is under the export licensing authority of 
the U.S. Department of State (22 CFR parts 120 through 130). (2) 
Concealed object detection equipment operating in the frequency 
range from 30 GHz to 3000 GHz and having a spatial resolution 
greater than 1 milliradian (a higher milliradian number means a less 
accurate image resolution) at a standoff distance of 100 meters is 
designated as EAR99. (3) See ECCNs 2D984 and 2E984 for related 
software and technology controls.
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.

    Note: Concealed object detection equipment includes but is not 
limited to equipment for screening people, documents, baggage, other 
personal effects, cargo and/or mail.


    Technical Note: The range of frequencies span what is generally 
considered as the millimeter-wave, submillimeter-wave and terahertz 
frequency regions.

* * * * *

0
15. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, is amended by adding Export Control 
Classification Number (ECCN) 2D984 after ECCN 2D983 and before ECCN 
2D991, to read as follows:
* * * * *

2D984 ``Software'' ``required'' for the ``development'', ``production'' 
or ``use'' of concealed object detection equipment controlled by 2A984.

License Requirements

    Reason for Control: RS, AT

 
                Control(s)                         Country chart
 
RS applies to entire entry...............  RS Column 2.
AT applies to entire entry...............  AT Column 1.
 

License Exceptions

    CIV: N/A
    TSR: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: (1) ``Software'' ``required'' for the 
``development'', ``production'' or ``use'' of concealed object 
detection equipment operating in the frequency range from 30 GHz to 
3000 GHz and having a spatial resolution less than 0.5 milliradian 
(a lower milliradian number means a more accurate image resolution) 
at a standoff distance of 100 meters is under the export licensing 
authority of the U.S. Department of State (22 CFR parts 120 through 
130). (2) ``Software'' ``required'' for the ``development'', 
``production'' or ``use'' of concealed object detection equipment 
operating in the frequency range from 30 GHz to 3000 GHz and having 
a spatial resolution greater than 1 milliradian spatial resolution 
(a higher milliradian number means a less accurate image resolution) 
at a standoff distance of 100 meters is designated as EAR99. (3) See 
ECCNs 2A984 and 2E984 for related commodity and technology controls.
    Related Definitions: N/A.
    Items: The list of items controlled is contained in the ECCN 
heading.
* * * * *

0
16. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2E001 is amended by revising the Heading, to read as follows:
* * * * *

2E001 ``Technology'' according to the General Technology Note for the 
``development'' of equipment or ``software'' controlled by 2A (except 
2A983, 2A984, 2A991, or 2A994), 2B (except 2B991, 2B993, 2B996, 2B997, 
or 2B998), or 2D (except 2D983, 2D984, 2D991, 2D992, or 2D994).

* * * * *

0
17. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2E002 is amended by revising the Heading, to read as follows:
* * * * *

2E002 ``Technology'' according to the General Technology Note for the 
``production'' of equipment controlled by 2A (except 2A983, 2A984, 
2A991, or 2A994), or 2B (except 2B991, 2B993, 2B996, 2B997, or 2B998).

* * * * *

0
18. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, is amended by adding Export Control 
Classification Number (ECCN) 2E984 after ECCN 2E983 and before ECCN 
2E991, to read as follows:
* * * * *

2E984 ``Technology'' ``required'' for the ``development'', 
``production'' or ``use'' of equipment controlled by 2A984 or 
``required'' for the ``development'' of ``software'' controlled by 
2D984.

License Requirements

    Reason for Control: RS, AT

 
                Control(s)                         Country chart
 
RS applies to entire entry...............  RS Column 2.
AT applies to entire entry...............  AT Column 1.
 

License Exceptions

    CIV: N/A
    TSR: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: (1) ``Technology'' ``required'' for the 
``development'', ``production'' or ``use'' of concealed object 
detection equipment operating in the frequency range from 30 GHz to 
3000 GHz and having a spatial resolution less than 0.5 milliradian 
(a lower milliradian number means a more accurate image resolution) 
at a standoff distance of 100 meters or ``required'' for the 
``development'' of ``software'' ``required'' for the 
``development'', ``production'' or ``use'' of concealed object 
detection equipment operating in the frequency range from 30 GHz to 
3000 GHz and having a spatial resolution less than 0.5 milliradian 
at a standoff distance of 100 meters is under the export licensing 
authority of the U.S. Department of State (22 CFR parts 120 through 
130). (2) ``Technology'' ``required'' for the ``development'', 
``production'' or ``use'' of concealed object detection equipment 
operating in the frequency range from 30 GHz to 3000 GHz and having 
a spatial resolution greater than 1 milliradian spatial resolution 
(a higher milliradian number means a less accurate image resolution) 
at a standoff distance of 100 meters or ``required'' for the 
``development'' of ``software'' ``required'' for the 
``development'', ``production'' or ``use'' of concealed object 
detection equipment operating in the frequency range from 30 GHz to 
3000 GHz and having a spatial resolution greater than 1 milliradian 
spatial resolution (a higher milliradian number means a less 
accurate image resolution) at a standoff distance of 100 meters is 
designated as EAR99. (3) See ECCNs 2A984 and 2D984 for related 
commodity and software controls.

[[Page 14342]]

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

    Dated: March 19, 2010.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2010-6588 Filed 3-24-10; 8:45 am]
BILLING CODE 3510-33-P