[Federal Register Volume 65, Number 118 (Monday, June 19, 2000)]
[Rules and Regulations]
[Pages 38148-38164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15168]
[[Page 38147]]
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Part III
Department of Commerce
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Bureau of Export Administration
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Department of Transportation
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15 CFR Part 730, et al.
44 CFR Part 403
Easing of Export Restrictions on North Korea; Final Rules
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Department of the Treasury
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Office of Foreign Assets Control
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31 CFR Part 500
Foreign Assets Control Regulations in North Korea; Final Rule
Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules
and Regulations
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
15 CFR Parts 730, 732, 736, 738, 740, 742, 744, 746, 758, and 774
[Docket No. 000605165-0165-01]
RIN 0694-AC10
Easing of Export Restrictions on North Korea
AGENCY: Bureau of Export Administration, Commerce.
ACTION: Interim rule with request for comments.
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SUMMARY: The Bureau of Export Administration (BXA) is amending the
Export Administration Regulations (EAR) to implement the President's
statement of September 17, 1999 easing sanctions against North Korea.
The United States is taking this action in order to pursue improved
overall relations.
DATES: This rule is effective June 19, 2000. Comments must be received
no later than July 19, 2000.
ADDRESSES: Written comments should be sent to Kirsten Mortimer,
Regulatory Policy Division, Bureau of Export Administration, Department
of Commerce, P.O. Box 273, Washington, DC 20044.
FOR FURTHER INFORMATION CONTACT: James A. Lewis, Director, Office of
Strategic Trade, at (202) 482-0092.
SUPPLEMENTARY INFORMATION:
Background
On September 17, 1999, the President announced his decision to ease
sanctions against North Korea. The United States is taking this action,
which is consistent with the 1994 Agreed Framework and the 1999 Perry
Report, in order to pursue improved overall relations.
Under this new policy, most items subject to the EAR designated as
EAR99 may be exported or reexported to North Korea without a license.
In addition, BXA is changing the licensing policy for certain items on
the Commerce Control List (CCL) destined to North Korean civil end-
users from a policy of denial to case-by-case review.
This regulation adds certain categories of items to the CCL for
which a license will be required to North Korea. Consequently, this
regulation identifies certain Export Control Classification Numbers
(ECCNs) that are controlled for anti-terrorism (AT) reasons to North
Korea only. These new ECCNs do not refer to any column on the Country
Chart and therefore exporters are not required to consult the Country
Chart in Supplement No. 1 to part 738 to determine licensing
requirements for these entries.
This easing of sanctions does not affect U.S. anti-terrorism or
nonproliferation export controls on North Korea, including end-user and
end-use controls maintained under the Enhanced Proliferation Control
Initiative. This does not relieve exporters or reexporters of their
obligations under General Prohibition 5 in Sec. 736.2(b)(5) of the EAR
which provides that, ``you may not, without a license, knowingly export
or reexport any item subject to the EAR to an end-user or end-use that
is prohibited by part 744 of the EAR.'' BXA strongly urges the use of
Supplement No. 3 to part 732 of the EAR, ``BXA's ``Know Your Customer''
Guidance and Red Flags'' when exporting or reexporting to North Korea.
This rule does not affect the export license denial policy imposed
under the Arms Export Control Act, as amended, and the Export
Administration Act of 1979, as amended, in place against Changgwang
Sinyong Corporation and its subunits, successors, and affiliated
companies, and certain sectors of North Korean government-related
activity, set forth in 63 FR 24585 (May 4, 1998) and more recently in
65 FR 20239 (April 14, 2000). This license denial policy requires BXA
to deny license applications submitted for exports to Changgwang
Sinyong Corporation and the related entities listed above. This entity
is not on the Entity List (see Supp. No. 4 to part 744) and does not
appear on the list of projects in Supp. No. 1 to part 740 which have
the effect of triggering a license requirement for items subject to the
EAR (e.g., including all items classified as EAR99).
Although the Export Administration Act (EAA) expired on August 20,
1994, the President invoked the International Emergency Economic Powers
Act and continued in effect the EAR, and, to the extent permitted by
law, the provisions of the EAA in Executive Order 12924 of August 19,
1994, as extended by the President's notices of August 15, 1995 (60 FR
42767), August 14, 1996 (61 FR 42527), August 13, 1997 (62 FR 43629),
August 13, 1998 (63 FR 44121), and August 10, 1999 (64 F.R. 44101).
Rulemaking Requirements
1. This interim rule has been determined to be not significant for
purposes of Executive Order 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 with a collection of information, subject to the
requirements of the Paperwork Reduction Act (PRA), unless that
collection of information displays a currently valid OMB Control
Number. This rule involves collections of information subject to the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) These
collections have been approved by the Office of Management and Budget
under control number 0694-0088.
3. This rule does not contain policies with Federalism implications
sufficient to warrant preparation of a Federalism assessment under
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 and 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 interim rule. Because
a notice of proposed rulemaking and an opportunity for public comment
are not required to be given for this rule under 5 U.S.C. or by any
other law, the analytical requirements of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) are not applicable.
However, because of the importance of the issues raised by these
regulations, this rule is issued in interim form and comments will be
considered in the development of final regulations. Accordingly, the
Department encourages interested persons who wish to comment to do so
at the earliest possible time to permit the fullest consideration of
their views.
The period for submission of comments will close July 19, 2000. The
Department will consider all comments received before the close of the
comment period in developing final regulations. Comments received after
the end of the comment period will be considered if possible, but their
consideration cannot be assured. The Department will not accept public
comments accompanied by a request that a part or all of the material be
treated confidentially because of its business proprietary nature or
for any other reason. The Department will return such comments and
materials to the person submitting the comments and will not consider
them in the development of final regulations. All public comments on
these regulations will be a matter of public record and
[[Page 38149]]
will be available for public inspection and copying. In the interest of
accuracy and completeness, the Department requires comments in written
form.
Oral comments must be followed by written memoranda, which will
also be a matter of public record and will be available for public
review and copying. Communications from agencies of the United States
Government or foreign governments will not be made available for public
inspection.
The public record concerning these regulations will be maintained
in the Bureau of Export Administration Freedom of Information Records
Inspection Facility, Room 6881, Department of Commerce, 14th Street and
Pennsylvania Avenue, NW., Washington, DC 20230. Records in this
facility, including written public comments and memoranda summarizing
the substance of oral communications, may be inspected and copied in
accordance with regulations published in part 4 of title 15 of the Code
of Federal Regulations. Information about the inspection and copying of
records at the facility may be obtained from the Bureau of Export
Administration Freedom of Information Officer, at the above address or
by calling (202) 482-0500.
List of Subjects
15 CFR Part 730
Administrative practice and procedure, Advisory committees,
Exports, Foreign trade, Reporting and recordkeeping requirements,
Strategic and critical materials.
15 CFR Parts 732, 740 and 758
Administrative practice and procedure, Exports, Foreign trade,
Reporting and Recordkeeping requirements.
15 CFR Parts 736, 742 and 774
Exports, Foreign trade.
15 CFR Part 738
Administrative practice and procedure, Exports, Foreign trade.
15 CFR Part 744
Exports, Foreign trade, Reporting and recordkeeping requirements.
15 CFR Part 746
Embargoes, Exports, Foreign trade, Reporting and recordkeeping
requirements.
Accordingly, parts 730, 732, 736, 738, 740, 742, 744, 746, 758, and
774 of the Export Administration Regulations (15 CFR parts 730 through
799) are amended as follows:
1. The authority citation for part 730 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; E.O. 11912, 41 FR 15825, 3 CFR, 1976
Comp., p. 114; E.O. 12002, 42 FR 35623, 3 CFR, 1977 Comp., p.133;
E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12214, 45
FR 29783, 3 CFR, 1980 Comp., p. 256; E.O. 12851, 58 FR 33181, 3 CFR,
1993 Comp., p. 608; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p.
179; E.O. 12867, 58 FR 51747, 3 CFR, 1993 Comp., p. 649; E.O. 12918,
59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 12924, 59 FR 43437, 3
CFR, 1994 Comp., p. 917; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp.,
p. 950; E.O. 12981, 60 FR 62981, 3 CFR, 1995 Comp., p. 419; E.O.
13020, 61 FR 54079, 3 CFR, 1996 Comp. p. 219; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; Notice of November 12, 1998, 63 FR
63589, 3 CFR, 1998 Comp., p. 305; Notice of August 10, 1999, 64 FR
44101, 3 CFR, 1999 Comp., p. 302.
2. The authority citation for part 732 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; E.O. 13026, 61
FR 58767, 3 CFR, 1996 Comp., p. 228; Notice of August 10, 1999, 64
FR 44101, 3 CFR, 1999 Comp., p. 302.
3. The authority citation for part 736 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 12924, 59 FR 43437 CFR, 1994 Comp., p. 917; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; Notice of August 10, 1999, 64 FR
44101, 3 CFR, 1999 Comp., p. 302.
4. The authority citation for part 738 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; E.O. 12924, 59 FR 43437, 3 CFR, 1994
Comp., p. 917; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228;
Notice of August 10, 1999, 64 FR 44101, 3 CFR, 1999 Comp., p. 302.
5. The authority citation for part 740 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; E.O. 13026, 61
FR 58767, 3 CFR, 1996 Comp., p. 228; Notice of August 10, 1999, 64
FR 44101, 3 CFR, 1999 Comp., p. 302.
6. The authority citation for part 742 continues 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;
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. 12924, 59 FR 43437, 3 CFR,
1994 Comp., p. 917; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; Notice of
November 12, 1998, 63 FR 63589, 3 CFR, 1998 Comp., p. 305; Notice of
August 10, 1999, 64 FR 44101, 3 CFR, 1999 Comp., p. 302.
7. The authority citation for part 744 is revised 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; 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. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; E.O.
12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; Notice of November 12, 1998, 63 FR
63589, 3 CFR, 1998 Comp., p. 305; Notice of August 10, 1999, 64 FR
44101, 3 CFR, 1999 Comp., p. 302.
8. The authority citation for part 746 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. 287c; 22 U.S.C. 6004; E.O. 12854, 58 FR 36587, 3 CFR 1993
Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899;
E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p.917; E.O. 13088, 63 FR
32109, 3 CFR, 1998 Comp., p. 191; E.O. 13121 of April 30, 1999, 64
FR 24021 (May 5, 1999); Notice of August 10, 1999, 64 FR 44101, 3
CFR, 1999 Comp., p. 302.
9. The authority citation for part 758 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; Notice of August
10, 1999, 64 FR 44101, 3 CFR, 1999 Comp., p. 302.
10. 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); 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; E.O. 12924, 59 FR 43437, 3 CFR, 1994
Comp., p. 917; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228;
Notice of August 10, 1999, 64 FR 44101, 3 CFR, 1999 Comp., p. 302.
PART 730--[AMENDED]
11. Supplement No. 3 to Part 730 is amended by removing the next to
last entry entitled ``Prohibition of Movement of American Carriers and
Prohibition on Transportation of Goods Destined for North Korea''.
[[Page 38150]]
PART 732--[AMENDED]
12. Section 732.1 is amended:
a. By revising the phrase ``Libya, and North Korea.'' in the next
to last sentence of paragraph (d)(2) to read ``and Libya.''; and
b. By revising the phrase ``Libya, and North Korea'' in the last
sentence of paragraph (d)(3) to read ``and Libya''.
Sec. 732.2 [Amended]
13. Section 732.2 is amended by revising the phrase ``North Korea,
Libya,'' in paragraph (f)(1)(i) to read ``Libya,''.
Sec. 732.3 [Amended]
14. Section 732.3 is amended:
a. By revising the phrase ``Libya, and North Korea;'' in the first
sentence of paragraph (d)(4) to read ``and Libya;'';
b. By revising the phrase ``Libya, North Korea,'' in the first
sentence of paragraph (f)(1)(i) to read ``Libya,''; and
c. By revising the phrase ``Libya, North Korea,'' in the first
sentence of the introductory text of paragraph (i) to read ``Libya,''.
PART 736--[AMENDED]
15. Section 736.2 is amended by revising the phrase ``Cuba, North
Korea, Libya,'' in paragraph (b)(3)(i) to read ``Cuba, Libya,''.
PART 738--[AMENDED]
16. Section 738.3 is amended by revising the phrase ``ECCNs 0A988,
0A989, 0B986, 1C355, 1C995, 2A994, 2D994, and 2E994'' in paragraph
(a)(2)(ii) to read ``ECCNs 0A988, 0A989, 0A999, 0B986, 0B999, 0D999,
1A999, 1B999, 1C355, 1C995, 1C998, 1C999, 1D999, 2A994, 2A999, 2B999,
2D994, 2E994, 3A999, and 6A999''.
17. Supplement No. 1 to Part 738 is amended by revising the entry
for ``Korea, North'' to read as follows:
Supplement No. 1 to Part 738--COMMERCE COUNTRY CHART
* * * * *
Commerce Country Chart
[Reason for control]
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Chemical & biological Nuclear National Missile Regional Firearms Crime control Anti-terrorism
weapons nonproliferation security tech stability convention ---------------------------------------
Countries -----------------------------------------------------------------------------------------------
CB 1 CB 2 CB 3 NP 1 NP 2 NS 1 NS 2 MT 1 RS 1 RS 2 FC 1 CC 1 CC 2 CC 3 AT 1 AT 2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Korea, North............................................. X X X X X X X X X X .......... X X X X X
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
PART 740--[AMENDED]
Sec. 740.5 [Amended]
18. Section 740.5 is amended by revising the phrase ``Country Group
D:1.'' to read ``Country Group D:1, except North Korea.''.
Sec. 740.9 [Amended]
19. Section 740.9 is amended:
a. By revising the phrase ``Cuba or North Korea'' in the second
sentence of paragraph (b)(2)(i) to read ``Cuba'';
b. By revising the phrase ``Cuba, Libya, or North Korea.'' in the
last sentence of paragraph (b)(3) to read ``Cuba or Libya.''; and
c. By revising the phrase ``Cuba, Libya, or North Korea;'' in
paragraph (b)(4)(i) to read ``Cuba or Libya;''.
Sec. 740.10 [Amended]
20. Section 740.10 is amended:
a. By revising the phrase ``except the PRC'' in the heading of
paragraph (b)(2)(iii) to read ``except the PRC and North Korea''; and
b. By revising the phrase ``(except the People's Republic of China
(PRC))'' in paragraph (b)(2)(iii) to read ``(except the People's
Republic of China (PRC) and North Korea)''
Sec. 740.15 [Amended]
21. Section 740.15 is amended:
a. By revising the phrase ``Cuba, or North Korea,'' in the first
sentence of paragraph (b)(1) to read ``Cuba,'';
b. By revising the phrase ``Country Group D:1 or North Korea'' in
the second sentence of paragraph (b)(1) to read ``Country Group D:1'';
c. By revising the phrase ``Cuba, Libya, or North Korea,'' in
paragraph (b)(2) to read ``Cuba, or Libya,''; and
d. By revising the phrase ``Cuba, North Korea or'' in paragraphs
(c)(1), (c)(2) introductory text and (c)(2)(ii) to read ``Cuba or''.
Sec. 740.16 [Amended]
22. Section 740.16 is amended by revising the phrase ``Cambodia or
Laos'' in paragraph (a)(3)(ii) to read ``Cambodia, Laos, or North
Korea''.
23. Supplement No. 1 to part 740 is amended:
a. By revising the entry for ``Korea, North'' in Country Group D;
and
b. By revising Country Group E to read as follows:
Supplement No. 1 to Part 740
* * * * *
Country Group D
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[D:1] [D:3]
Country National [D:2] Nuclear Chemical & [D:4] Missile
security biological technology
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* * * * * *
*
Korea, North.................................... X X X X \1\
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* * * * *
[[Page 38151]]
Country Group E
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[E:2] Unilateral
Country [E:1] UN embargo embargo
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Angola............................................................ X
Cuba.............................................................. X
Iraq.............................................................. X
Libya............................................................. X X
Rwanda............................................................ X
Serbia and Montenegro............................................. X
----------------------------------------------------------------------------------------------------------------
PART 742--[AMENDED]
Sec. 742.1 [Amended]
24. Section 742.1 is amended:
a. By removing the third sentence of paragraph (a);
b. By removing the phrase ``North Korea,'' from the heading of
paragraph (c) and the first sentence of paragraph (c);
c. By revising the phrase ``Iran, Syria'' in the first sentence of
paragraph (d) to read ``Iran, North Korea, Syria''; and
d. By revising the phrase ``Iraq and North Korea,'' in the last
sentence of paragraph (d) to read ``and Iraq,'.
Sec. 740.12 [Amended]
25. Section 742.12 is amended by revising the phrase ``for North
Korea see Sec. 746.5.'' in paragraph (b)(4)(ii) to read ``for North
Korea see Sec. 742.19(b).''.
26. Part 742 is revised by adding new Sec. 742.19 to read as
follows:
Sec. 742.19 Anti-terrorism: North Korea
(a) License requirements. (1) All items on the Commerce Control
List (CCL) (i.e., with a designation other than EAR 99) require a
license for export or reexport to North Korea, except ECCNs 0A988 and
0A989. This includes all items controlled for AT reasons, including any
item on the CCL containing AT column 1 or AT column 2 in the Country
Chart column of the License Requirements section of an ECCN; and ECCNS
0A986, 0A999, 0B986, 0B999, 0D999, 1A999, 1B999, 1C995, 1C999, 1D999,
2A994, 2B994, 2C994, 2A999, 2B999, 3A999, and 6A999.
(2) The Secretary of State has designated North Korea as a country
whose Government has repeatedly provided support for acts of
international terrorism.
(3) In support of U.S. foreign policy on terrorism-supporting
countries, BXA maintains two types of anti-terrorism controls on the
export and reexport of items described in Supplement 2 to part 742.
(i) Items described in paragraphs (c)(1) through (c)(5) of
Supplement No. 2 to part 742 are controlled under section 6(j) of the
Export Administration Act, as amended (EAA), if destined to military,
police, intelligence or other sensitive end-users.
(ii) Items described in paragraphs (c)(1) through (c)(5) of
Supplement No. 2 to part 742 destined to non-sensitive end-users, as
well as items described in paragraph (c)(6) through (c)(44) to all end-
users, are controlled to North Korea under section 6(a) of the EAA.
(See Supplement No. 2 to part 742 for more information on items
controlled under sections 6(a) and 6(j) of the EAA and Sec. 750.6 of
the EAR for procedures for processing license applications for items
controlled under EAA section 6(j).)
(b) Licensing policy. (1) Applications for export and reexport to
all end-users in North Korea of the following items will generally be
denied:
(i) Items controlled for chemical and biological weapons
proliferation reasons to any destination. These items contain CB Column
1, CB Column 2, or CB Column 3 in the Country Chart column of the
``License Requirements'' section of an ECCN on the CCL.
(ii) Items controlled for missile proliferation reasons to any
destination. These items have an MT Column 1 in the Country Chart
column of the ``License Requirements'' section of an ECCN on the CCL.
(iii) Items controlled for nuclear weapons proliferation reasons to
any destination. These items contain NP Column 1 or NP Column 2 in the
Country Chart column of the ``License Requirements'' section of an ECCN
on the CCL.
(iv) Items controlled for national security reasons to any
destination. These items contain NS Column 1 or NS Column 2 in the
Country Chart column of the ``License Requirements'' section of an ECCN
on the CCL.
(v) Military-related items controlled for national security reasons
to any destination. These items contain NS Column 1 in the Country
Chart column of the ``License Requirements'' section in an ECCN on the
CCL and are controlled by equipment or material entries ending in the
number ``18.''
(vi) All aircraft (powered and unpowered), helicopters, engines,
and related spare parts and components. Such items contain an NS Column
1, NS Column 2, MT Column 1, or AT Column 1 in the Country Chart column
of the ``License Requirements'' section of an ECCN on the CCL.
(vii) Cryptographic, cryptoanalytic, and crypto-logic items
controlled any destination. These are items that contain an NS Column
1, NS Column 2, AT Column 1 or AT Column 2 in the Country Chart column
of the ``License Requirements'' section of an ECCN on the CCL.
(viii) Submersible systems controlled under ECCN 8A992.
(ix) Scuba gear and related equipment controlled under ECCN 8A992.
(x) Pressurized aircraft breathing equipment controlled under ECCN
9A991.
(xi) Explosive device detectors controlled under ECCN 2A993.
(xii) Commercial charges and devices controlled under ECCN 1C992.
(xiii) Computer numerically controlled machine tools controlled
under ECCN 2B991.
(xiv) Aircraft skin and spar milling machines controlled under ECCN
2B991.
(xv) Semiconductor manufacturing equipment controlled under ECCN
3B991.
(xvi) Digital computers with a CTP above 2000.
(xvii) Microprocessors with a CTP of 550 or above.
(2) Applications for export and reexport to North Korea of all
other items described in paragraph (a) of this section, and not
described by paragraph (b)(1) of this section, will generally be denied
if the export or reexport is destined to a military end-user or for
military end-use. Applications for non-military end-users or for non-
military end-uses will be considered on a case-by-case basis.
(3) Applications for export and reexport to North Korea of items
described in paragraphs (c)(12), (c)(24), (c)(34), (c)(37), (c)(38),
and (c)(44) of Supplement No. 2 to part 742 will generally be denied if
the export or reexport is destined to nuclear end-
[[Page 38152]]
users or nuclear end-uses. Applications for non-nuclear end-users or
for non-nuclear end-uses, excluding items described in (c)(24)(iv)(A)
of Supplement No. 2 to part 742, will be considered on a case-by-case
basis.
(4) License applications for items reviewed under section 6(a)
controls will also be reviewed to determine the applicability of
section 6(j) controls to the transaction. When it is determined that an
export or reexport could make a significant contribution to the
military potential of North Korea, including its military logistics
capability, or could enhance North Korea's ability to support acts of
international terrorism, the Secretaries of State and Commerce will
notify the Congress 30 days prior to issuance of a license.
27. Supplement No. 2 to Part 742 is revised to read as follows:
Supplement No. 2 to Part 742--Anti-Terrorism Controls: Iran, North
Korea, Syria and Sudan Contract Sanctity Dates and Related Policies
Note: Exports and reexports of items in performance of contracts
entered into before the applicable contract sanctity date(s) will be
eligible for review on a case-by-case basis or other applicable
licensing policies that were in effect prior to the contract
sanctity date. The contract sanctity dates set forth in this
Supplement are for the guidance of exporters. Contract sanctity
dates are established in the course of the imposition of foreign
policy controls on specific items and are the relevant dates for the
purpose of licensing determinations involving such items. If you
believe that a specific contract sanctity date is applicable to your
transaction, you should include all relevant information with your
license application. BXA will determine any applicable contract
sanctity date at the time an application with relevant supporting
documents is submitted.
(a) Terrorist-supporting countries. The Secretary of State has
designated Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria as
countries whose governments have repeatedly provided support for acts
of international terrorism under section 6(j) of the Export
Administration Act (EAA).
(b) Items controlled under EAA sections 6(j) and 6(a). Whenever the
Secretary of State determines that an export or reexport to any of
these countries could make a significant contribution to the military
potential of such country, including its military logistics capability,
or could enhance the ability of such country to support acts of
international terrorism, the item is subject to mandatory control under
EAA section 6(j) and the Secretaries of Commerce and State are required
to notify appropriate Committees of the Congress 30 days before a
license for such an item may be issued.
(1) On December 28, 1993, the Secretary of State determined that
the export to Cuba, Libya, Iran, Iraq, North Korea, Sudan, or Syria of
items described in paragraphs (c)(1) through (c)(5) of this Supplement,
if destined to military, police, intelligence or other sensitive end-
users, are controlled under EAA section 6(j). Therefore, the 30-day
advance Congressional notification requirement applies to the export or
reexport of these items to sensitive end-users in any of these
countries.
(2) License applications for items controlled to designated
terrorist-supporting countries under EAA section 6(a) will also be
reviewed to determine whether the Congressional notification
requirements of EAA section 6(j) apply.
(3) Items controlled for anti-terrorism reasons under section 6(a)
to Iran, North Korea, Sudan, and Syria are:
(i) Items described in paragraphs (c)(1) through (c)(5) to non-
sensitive end-users, and
(ii) The following items to all end-users: for Iran, items in
paragraphs (c)(6) through (c)(42) of this Supplement; for North Korea,
items in paragraph (c)(6) through (c)(44) of this Supplement; for
Sudan, items in paragraphs (c)(6) through (c)(14), and (c)(16) through
(c)(42) of this Supplement; and for Syria, items in paragraphs (c)(6)
through (c)(8), (c)(10) through (c)(14), (c)(16) through (c)(19), and
(c)(22) through (c)(42) of this Supplement.
(c) The license requirements and licensing policies for items
controlled for anti-terrorism reasons to Iran, Syria, Sudan, and North
Korea are generally described in Secs. 742.8, 742.9, 742.10, and 742.19
of this part, respectively. This Supplement provides guidance on
licensing policies for Iran, North Korea, Syria, and Sudan and related
contract sanctity dates that may be available for transactions
benefitting from pre-existing contracts involving Iran, Syria, and
Sudan. Exporters are advised that the Treasury Department's Office of
Foreign Assets Control administers a comprehensive trade and investment
embargo against Iran (See Executive Orders 12957, 12959 and 13059 of
March 15, 1995, May 6, 1995 and August 19, 1997, respectively.)
Exporters are further advised that exports and reexports to Iran of
items that are listed on the CCL as requiring a license for national
security or foreign policy reasons are subject to a policy of denial
under the Iran-Iraq Arms Non-Proliferation Act of October 23, 1992 (50
U.S.C. 1701 note (1994)). Transactions involving Iran and benefitting
from a contract that pre-dates October 23, 1992 may be considered under
the applicable licensing policy in effect prior to that date.
(1) All items subject to national security controls.
(i) Iran. Applications for all end-users in Iran will generally be
denied.
(A) Contract sanctity date for military end-users or end-uses of
items valued at $7 million or more: January 23, 1984.
(B) Contract sanctity date for military end-users or end-uses of
all other national security controlled items: September 28, 1984.
(C) Contract sanctity date for non-military end-users or end-uses:
August 28, 1991, unless otherwise specified in paragraphs (c)(2)
through (c)(42) of this Supplement.
(ii) Syria. Applications for military end-users or military end-
uses in Syria will generally be denied. Applications for non-military
end-users or end-uses will be considered on a case-by-case basis,
unless otherwise specified in paragraphs (c)(2) through (c)(42) of this
Supplement. No contract sanctity date is available for items valued at
$7 million or more to military end-users or end-uses. The contract
sanctity date for all other items for all end-users: December 16, 1986.
(iii) Sudan. Applications for military end-users or military end-
uses in Sudan will generally be denied. Applications for non-military
end-users or end-uses will be considered on a case-by-case basis unless
otherwise specified in paragraphs (c)(2) through (c)(42) of this
Supplement. Contract sanctity date: January 19, 1996, unless a prior
contract sanctity date applies (e.g., items first controlled to Sudan
for foreign policy reasons under EAA section 6(j) have a contract
sanctity date of December 28, 1993).
(iv) North Korea. Applications for all end-users in North Korea of
such equipment will generally be denied.
(2) All items subject to chemical and biological weapons
proliferation controls. Applications for all end-users in Iran, North
Korea, Syria, or Sudan of these items will generally be denied. See
Supplement No. 1 to part 742 for contract sanctity dates for Iran and
Syria. Contract sanctity date for Sudan: January 19, 1996, unless a
prior contract sanctity date applies (e.g., items first controlled to
Sudan for foreign policy reasons under EAA section 6(j) have a contract
sanctity date of December 28, 1993), or unless an earlier date for any
item is listed in Supplement 1 to part 742.
(3) All items subject to missile proliferation controls (MTCR).
Applications for all end-users in Iran,
[[Page 38153]]
North Korea, Syria, or Sudan will generally be denied. Contract
sanctity provisions for Iran and Syria are not available. Contract
sanctity date for Sudan: January 19, 1996, unless a prior contract
sanctity date applies (e.g., items first controlled to Sudan for
foreign policy reasons under EAA section 6(j) have a contract sanctity
date of December 28, 1993).
(4) All items subject to nuclear weapons proliferation controls
(NRL).
(i) Iran. Applications for all end-users in Iran will generally be
denied. No contract sanctity date is available.
(ii) Syria. Applications for military end-users or end-uses to
Syria will generally be denied. Applications for non-military end-users
or end-uses will be considered on a case-by-case basis unless otherwise
specified in paragraphs (c)(2) through (c)(42) of this Supplement. No
contract sanctity date is available.
(iii) Sudan. Applications for military end-users or end-uses in
Sudan will generally be denied. Applications for export and reexport to
non-military end-users or end-uses will be considered on a case-by-case
basis unless otherwise specified in paragraphs (c)(2) through (c)(42)
of this Supplement. No contract sanctity date is available.
(iv) North Korea. Applications for all end-users in North Korea
will generally be denied.
(5) All military-related items, i.e., applications for export and
reexport of items controlled by CCL entries ending with the number
``18''.
(i) Iran. Applications for all end-users in Iran will generally be
denied. Contract sanctity date: see paragraph (c)(1)(i) of this
Supplement.
(ii) Syria. Applications for all end-users in Syria will generally
be denied. Contract sanctity date: see paragraph (c)(1)(ii) of this
Supplement.
(iii) Sudan. Applications for all end-users in Sudan will generally
be denied. Contract sanctity date for Sudan: January 19, 1996, unless a
prior contract sanctity date applies (e.g., items first controlled to
Sudan for foreign policy reasons under EAA section 6(j) have a contract
sanctity date of December 28, 1993).
(iv) North Korea. Applications for all end-users in North Korea
will generally be denied.
(6) All aircraft (powered and unpowered), helicopters, engines, and
related spare parts and components.
(i) Iran. Applications for all end-users in Iran will generally be
denied.
(A) Contract sanctity date for helicopters exceeding 10,000 lbs.
empty weight or fixed wing aircraft valued at $3 million or more:
January 23, 1984.
(B) Contract sanctity date for other helicopters and aircraft and
gas turbine engines therefor: September 28, 1984.
(C) Contract sanctity date for helicopter or aircraft parts and
components controlled by 9A991.d: October 22, 1987.
(ii) Syria. Applications for all end-users in Syria will generally
be denied.
(A) There is no contract sanctity for helicopters exceeding 10,000
lbs. empty weight or fixed wing aircraft valued at $3 million or more;
except that passenger aircraft, regardless of value, have a contract
sanctity date of December 16, 1986, if destined for a regularly
scheduled airline with assurance against military use.
(B) Contract sanctity date for helicopters with 10,000 lbs. empty
weight or less: April 28, 1986.
(C) Contract sanctity date for other aircraft and gas turbine
engines therefor: December 16, 1986.
(D) Contract sanctity date for helicopter or aircraft parts and
components controlled by ECCN 9A991.d: August 28, 1991.
(iii) Sudan. Applications for all end-users in Sudan will generally
be denied. Contract sanctity date: January 19, 1996.
(iv) North Korea. Applications for all end-users in North Korea
will generally be denied.
(7) Heavy duty, on-highway tractors.
(i) Iran. Applications for all end-users in Iran will generally be
denied. Contract sanctity date: August 28, 1991.
(ii) Syria. Applications for military end-users or for military
end-uses in Syria will generally be denied. Applications for non-
military end-users or for non-military end-uses in Syria will be
considered on a case-by-case basis. Contract sanctity date: August 28,
1991.
(iii) Sudan. Applications for military end-users or for military
end-uses in Sudan will generally be denied. Applications for non-
military end-users or for non-military end-uses in Sudan will be
considered on a case-by-case basis. Contract sanctity date: January 19,
1996.
(iv) North Korea. Applications for military end-users or for
military end-uses in North Korea will generally be denied. Applications
for non-military end-users or for non-military end-uses in North Korea
will be considered on a case-by-case basis.
(8) Off-highway wheel tractors of carriage capacity 9t (10 tons) or
more.
(i) Iran. Applications for all end-users in Iran will generally be
denied. Contract sanctity date: October 22, 1987.
(ii) Syria. Applications for military end-users or for military
end-uses in Syria will generally be denied. Applications for non-
military end-users or for non-military end-uses in Syria will be
considered on a case-by-case basis. Contract sanctity date: August 28,
1991.
(iii) Sudan. Applications for military end-users or for military
end-uses in Sudan will generally be denied. Applications for non-
military end-users or for non-military end-uses in Sudan will be
considered on a case-by-case basis. Contract sanctity date: January 19,
1996.
(iv) North Korea. Applications for military end-users or for
military end-uses in North Korea will generally be denied. Applications
for non-military end-users or for non-military end-uses in North Korea
will be considered on a case-by-case basis.
(9) Large diesel engines (greater than 400 horsepower) and parts to
power tank transporters.
(i) Iran. Applications for all end-users in Iran will generally be
denied. Contract sanctity date: October 22, 1987.
(ii) Sudan. Applications for military end-users or for military
end-uses in Sudan will generally be denied. Applications for non-
military end-users or for non-military end-uses in Sudan will be
considered on a case-by-case basis. Contract sanctity date: January 19,
1996.
(iii) North Korea. Applications for military end-users or for
military end-uses in North Korea will generally be denied. Applications
for non-military end-users or for non-military end-uses in North Korea
will be considered on a case-by-case basis.
(10) Cryptographic, cryptoanalytic, and cryptologic equipment.
(i) Iran. Applications for all end-users in Iran will generally be
denied.
(A) Contract sanctity date for military end-users or end-uses of
cryptographic, cryptoanalytic, and cryptologic equipment that was
subject to national security controls on October 22, 1987: see
paragraph (c)(1)(i) of this Supplement.
(B) Contract sanctity date for all other cryptographic,
cryptoanalytic, and cryptologic equipment for all end-users: October
22, 1987.
(ii) Syria. A license is required for all national security-
controlled cryptographic, cryptoanalytic, and cryptologic equipment to
all end-users. Applications for all end-users in Syria will generally
be denied. Contract sanctity date for cryptographic, cryptoanalytic,
and cryptologic equipment that was subject to national security
controls on August 28, 1991: see paragraph (c)(1)(ii) of this
Supplement.
[[Page 38154]]
(iii) Sudan. Applications for all end-users in Sudan of any such
equipment will generally be denied. Contract sanctity date for Sudan:
January 19, 1996, unless a prior contract sanctity date applies (e.g.,
items first controlled to Sudan for foreign policy reasons under EAA
section 6(j) have a contract sanctity date of December 28, 1993).
(iv) North Korea. Applications for all end-users in North Korea of
any such equipment will generally be denied.
(11) Navigation, direction finding, and radar equipment.
(i) Iran. Applications for all end-users in Iran will generally be
denied.
(A) Contract sanctity date for military end-users or end-uses of
navigation, direction finding, and radar equipment that was subject to
national security controls on August 28, 1991: see paragraph (c)(1)(i)
of this Supplement.
(B) Contract sanctity date for all other navigation, direction
finding, and radar equipment for all end-users: October 22, 1987.
(ii) Syria. Applications for military end-users or for military
end-uses in Syria of such equipment will generally be denied.
Applications for non-military end-users or for non-military end-uses in
Syria will be considered on a case-by-case basis.
(A) Contract sanctity date for exports of navigation, direction
finding, and radar equipment that was subject to national security
controls on August 28, 1991: see paragraph (c)(1)(ii) of this
Supplement.
(B) Contract sanctity date for all other navigation, direction
finding, and radar equipment: August 28, 1991.
(iii) Sudan. Applications for military end-users or for military
end-uses in Sudan of such equipment will generally be denied.
Applications for non-military end-users or for non-military end-uses in
Sudan of such equipment will be considered on a case-by-case basis.
Contract sanctity date for Sudan: January 19, 1996, unless a prior
contract sanctity date applies (e.g., items first controlled to Sudan
for foreign policy reasons under EAA section 6(j) have a contract
sanctity date of December 28, 1993).
(iv) North Korea. Applications for military end-users or for
military end-uses in North Korea of such equipment will generally be
denied. Applications for non-military end-users or for non-military
end-uses in North Korea will be considered on a case-by-case basis.
(12) Electronic test equipment.
(i) Iran. Applications for all end-users in Iran will generally be
denied.
(A) Contract sanctity date for military end-users or end-uses of
electronic test equipment that was subject to national security
controls on October 22, 1987: see paragraph (c)(1)(i) of this
Supplement.
(B) Contract sanctity date for all other electronic test equipment
for all end-users: October 22, 1987.
(ii) Syria. Applications for military end-users or for military
end-uses in Syria of such equipment will generally be denied.
Applications for non-military end-users or for non-military end-uses in
Syria will be considered on a case-by-case basis.
(A) Contract sanctity date for electronic test equipment that was
subject to national security controls on August 28, 1991: see paragraph
(c)(1)(ii) of this Supplement.
(B) Contract sanctity date for all other electronic test equipment:
August 28, 1991.
(iii) Sudan. Applications for military end-users or for military
end-uses in Sudan of such equipment will generally be denied.
Applications for non-military end-users or for non-military end-uses in
Sudan will be considered on a case-by-case basis. Contract sanctity
date for Sudan: January 19, 1996, unless a prior contract sanctity date
applies (e.g., items first controlled to Sudan for foreign policy
reasons under EAA section 6(j) have a contract sanctity date of
December 28, 1993).
(iv) North Korea. Applications for military end-users or for
military end-uses, or for nuclear end-users or nuclear end-uses, in
North Korea of such equipment will generally be denied. Applications
for non-military end-users or for non-military end-uses, or for non-
nuclear end-users or non-nuclear end-uses, in North Korea will be
considered on a case-by-case basis.
(13) Mobile communications equipment.
(i) Iran. Applications for all end-users in Iran of such equipment
will generally be denied.
(A) Contract sanctity date for military end-users or end-uses of
mobile communications equipment that was subject to national security
controls on October 22, 1987: see paragraph (c)(1)(i) of this
Supplement.
(B) Contract sanctity date for all end-users of all other mobile
communications equipment: October 22, 1987.
(ii) Syria. Applications for military end-users or for military
end-uses in Syria of such equipment will generally be denied.
Applications for non-military end-users or for non-military end-uses in
Syria will be considered on a case-by-case basis.
(A) Contract sanctity date for mobile communications equipment that
was subject to national security controls on August 28, 1991: see
paragraph (c)(1)(ii) of this Supplement.
(B) Contract sanctity date for exports of all other mobile
communications equipment: August 28, 1991.
(iii) Sudan. Applications for military end-users or for military
end-uses in Sudan of such equipment will generally be denied.
Applications for non-military end-users or for non-military end-uses in
Sudan of such equipment will be considered on a case-by-case basis.
Contract sanctity date for Sudan: January 19, 1996, unless a prior
contract sanctity date applies (e.g., items first controlled to Sudan
for foreign policy reasons under EAA section 6(j) have a contract
sanctity date of December 28, 1993).
(iv) North Korea. Applications for military end-users or for
military end-uses in North Korea of such equipment will generally be
denied. Applications for non-military end-users or for non-military
end-uses in North Korea will be considered on a case-by-case basis.
(14) Acoustic underwater detection equipment.
(i) Iran. Applications for all end-users in Iran of such equipment
will generally be denied.
(A) Contract sanctity date for military end-users or end-uses of
acoustic underwater detection equipment that was subject to national
security controls on October 22, 1987: see paragraph (c)(1)(i) of this
Supplement.
(B) Contract sanctity date for all other acoustic underwater
detection equipment for all end-users: October 22, 1987.
(ii) Syria. A license is required for acoustic underwater detection
equipment that was subject to national security controls on August 28,
1991, to all end-users. Applications for military end-users or for
military end-uses in Syria will generally be denied. Applications for
non-military end-users or for non-military end-uses in Syria will be
considered on a case-by-case basis. Contract sanctity date for acoustic
underwater detection equipment that was subject to national security
controls on August 28, 1991: see paragraph (c)(1)(ii) of this
Supplement.
(iii) Sudan. Applications for military end-users or for military
end-uses to Sudan of such equipment will generally be denied.
Applications for non-military end-users or for non-military end-uses in
Sudan will be considered on a case-by-case basis. Contract sanctity
date for Sudan: January 19, 1996, unless a prior contract sanctity date
applies (e.g., items first controlled to Sudan for foreign policy
reasons under EAA section 6(j) have a contract sanctity date of
December 28, 1993).
[[Page 38155]]
(iv) North Korea. Applications for military end-users or for
military end-uses in North Korea of such equipment of these items will
generally be denied. Applications for non-military end-users or for
non-military end-uses in North Korea of such equipment will be
considered on a case-by-case basis.
(15) Portable electric power generators.
(i) Iran. Applications for all end-users in Iran of such equipment
will generally be denied. Contract sanctity date: October 22, 1987.
(ii) North Korea. Applications for military end-users or for
military end-uses in North Korea of such equipment will generally be
denied. Applications for non-military end-users or for non-military
end-uses in North Korea of such equipment will be considered on a case-
by-case basis.
(16) Vessels and boats, including inflatable boats.
(i) Iran. Applications for all end-users in Iran of these items
will generally be denied.
(A) Contract sanctity date for military end-users or end-uses of
vessels and boats that were subject to national security controls on
October 22, 1987: see paragraph (c)(1)(i) of this Supplement.
(B) Contract sanctity date for all other vessels and boats for all
end-users: October 22, 1987.
(ii) Syria. A license is required for national security-controlled
vessels and boats. Applications for military end-users or for military
end-uses in Syria of these items will generally be denied. Applications
for non-military end-users or for non-military end-uses in Syria will
be considered on a case-by-case basis. Contract sanctity date for
vessels and boats that were subject to national security controls on
August 28, 1991: see paragraph (c)(1)(ii) of this Supplement.
(iii) Sudan. Applications for military end-users or for military
end-uses in Sudan of these items will generally be denied. Applications
for non-military end-users or for non-military end-uses in Sudan will
be considered on a case-by-case basis. Contract sanctity date for
Sudan: January 19, 1996, unless a prior contract sanctity date applies
(e.g., items first controlled to Sudan for foreign policy reasons under
EAA section 6(j) have a contract sanctity date of December 28, 1993).
(iv) North Korea. Applications for military end-users or for
military end-uses in North Korea of these items will generally be
denied. Applications for non-military end-users or for non-military
end-uses in North Korea of these items will be considered on a case-by-
case basis.
(17) Marine and submarine engines (outboard/inboard, regardless of
horsepower).
(i) Iran. Applications for all end-users in Iran of these items
will generally be denied.
(A) Contract sanctity date for military end-users or end-uses of
marine and submarine engines that were subject to national security
controls on October 22, 1987: see paragraph (c)(1)(i) of this
Supplement.
(B) Contract sanctity date for outboard engines of 45 HP or more
for all end-users: September 28, 1984.
(C) Contract sanctity date for all other marine and submarine
engines for all end-users: October 22, 1987.
(ii) Syria. A license is required for all marine and submarine
engines subject to national security controls to all end-users.
Applications for military end-users or for military end-uses in Syria
of these items will generally be denied. Applications for non-military
end-users or for non-military end-uses in Syria will be considered on a
case-by-case basis. Contract sanctity date for marine and submarine
engines that were subject to national security controls on August 28,
1991: see paragraph (c)(1)(ii) of this Supplement.
(iii) Sudan. Applications for military end-users or for military
end-uses in Sudan of these items will generally be denied. Applications
for non-military end-users or for non-military end-uses in Sudan will
be considered on a case-by-case basis. Contract sanctity date for
Sudan: January 19, 1996, unless a prior contract sanctity date applies
(e.g., items first controlled to Sudan for foreign policy reasons under
EAA section 6(j) have a contract sanctity date of December 28, 1993).
(iv) North Korea. Applications for military end-users or for
military end-uses in North Korea of these items will generally be
denied. Applications for non-military end-users or for non-military
end-uses in North Korea of these items will be considered on a case-by-
case basis.
(18) Underwater photographic equipment.
(i) Iran. Applications for all end-users in Iran of such equipment
will generally be denied.
(A) Contract sanctity date for military end-users or end-uses of
underwater photographic equipment that was subject to national security
controls on October 22, 1987: see paragraph (c)(1)(i) of this
Supplement.
(B) Contract sanctity date for all other underwater photographic
equipment for all end-users: October 22, 1987.
(ii) Syria. Applications for military end-users or for military
end-uses in Syria of such equipment will generally be denied.
Applications for non-military end-users or for non-military end-uses in
Syria will be considered on a case-by-case basis.
(A) Contract sanctity date for underwater photographic equipment
that was subject to national security controls on August 28, 1991: see
paragraph (c)(1)(ii) of this Supplement.
(B) Contract sanctity date for all other underwater photographic
equipment: August 28, 1991.
(iii) Sudan. Applications for military end-users or for military
end-uses in Sudan of such equipment will generally be denied.
Applications for non-military end-users or for non-military end-uses in
Sudan will be considered on a case-by-case basis. Contract sanctity
date for Sudan: January 19, 1996, unless a prior contract sanctity date
applies (e.g., items first controlled to Sudan for foreign policy
reasons under EAA section 6(j) have a contract sanctity date of
December 28, 1993).
(iv) North Korea. Applications for all end-users in North Korea of
such equipment will generally be denied.
(19) Submersible systems.
(i) Iran. Applications for all end-users in Iran of such systems
will generally be denied.
(A) Contract sanctity date for military end-users or end-uses of
submersible systems that were subject to national security controls on
October 22, 1987: see paragraph (c)(1)(i) of this Supplement.
(B) Contract sanctity date for all other submersible systems for
all end-users: October 22, 1987.
(ii) Syria. Applications for military end-users or for military
end-uses in Syria of such systems will generally be denied.
Applications for non-military end-users or for non-military end-uses in
Syria will be considered on a case-by-case basis.
(A) Contract sanctity date for submersible systems that were
subject to national security controls on August 28, 1991: see paragraph
(c)(1)(ii) of this Supplement.
(B) Contract sanctity date for all other submersible systems:
August 28, 1991.
(iii) Sudan. Applications for military end-users or for military
end-uses in Sudan of such systems will generally be denied.
Applications for non-military end-users or for non-military end-uses in
Sudan will be considered on a case-by-case basis. Contract sanctity
date for Sudan: January 19, 1996, unless a prior contract sanctity date
applies(e.g., items first controlled to Sudan for foreign policy
reasons under EAA section 6(j)
[[Page 38156]]
have a contract sanctity date of December 28, 1993).
(iv) North Korea. Applications for all end-users in North Korea of
such equipment will generally be denied.
(20) Scuba gear and related equipment.
(i) Iran. Applications for all end-users in Iran of such equipment
will generally be denied. No contract sanctity is available for such
items to Iran.
(ii) Sudan. Applications for military end-users and end-uses in
Sudan of these items will generally be denied. Applications for non-
military end-users or for non-military end-uses in Sudan will be
considered on a case-by-case basis. Contract sanctity date: January 19,
1996.
(iii) North Korea. Applications for all end-users in North Korea of
such equipment will generally be denied.
(21) Pressurized aircraft breathing equipment.
(i) Iran. Applications for all end-users in Iran of such equipment
will generally be denied. Contract sanctity date: October 22, 1987.
(ii) Sudan. Applications for military end-users or for military
end-uses in Sudan of these items will generally be denied. Applications
for non-military end-users or for non-military end-uses in Sudan will
be considered on a case-by-case basis. Contract sanctity date: January
19, 1996.
(iii) North Korea. Applications for all end-users in North Korea of
such equipment will generally be denied.
(22) Computer numerically controlled machine tools.
(i) Iran. Applications for all end-users in Iran of these items
will generally be denied.
(A) Contract sanctity date for military end-users and end-uses of
computer numerically controlled machine tools that were subject to
national security controls on August 28, 1991: see paragraph (c)(1)(i)
of this Supplement.
(B) Contract sanctity dates for all other computer numerically
controlled machine tools for all end-users: August 28, 1991.
(ii) Syria. Applications for military end-users or for military
end-uses in Syria of these items will generally be denied. Applications
for non-military end-users or for non-military end-uses will be
considered on a case-by-case basis.
(A) Contract sanctity date for computer numerically controlled
machine tools that were subject to national security controls on August
28, 1991: see paragraph (c)(1)(ii) of this Supplement.
(B) Contract sanctity date for exports of all other computer
numerically controlled machine tools: August 28, 1991.
(iii) Sudan. Applications for military end-users or for military
end-uses in Sudan of these items will generally be denied. Applications
for non-military end-users or for non-military end-uses in Sudan will
be considered on a case-by-case basis. Contract sanctity date for
Sudan: January 19, 1996, unless a prior contract sanctity date applies
(e.g., items first controlled to Sudan for foreign policy reasons under
EAA section 6(j) have a contract sanctity date of December 28, 1993).
(iv) North Korea. Applications for all end-users in North Korea of
such equipment will generally be denied.
(23) Vibration test equipment.
(i) Iran. Applications for all end-users in Iran of such equipment
will generally be denied.
(A) Contract sanctity date for military end-users and end-uses of
vibration test equipment that was subject to national security controls
on August 28, 1991: see paragraph (c)(1)(i) of this Supplement.
(B) Contract sanctity dates for all other vibration test equipment
for all end-users: August 28, 1991.
(ii) Syria. Applications for military end-users or for military
end-uses in Syria of such equipment will generally be denied.
Applications for non-military end-users or for non-military end-uses
will be considered on a case-by-case basis.
(A) Contract sanctity date for vibration test equipment that was
subject to national security controls on August 28, 1991: see paragraph
(c)(1)(ii) of this Supplement.
(B) Contract sanctity date for exports of all other vibration test
equipment: August 28, 1991.
(iii) Sudan. Applications for military end-users or for military
end-uses in Sudan of such equipment will generally be denied.
Applications for non-military end-users or for non-military end-uses in
Sudan will be considered on a case-by-case basis. Contract sanctity
date for Sudan: January 19, 1996, unless a prior contract sanctity date
applies (e.g., items first controlled to Sudan for foreign policy
reasons under EAA section 6(j) have a contract sanctity date of
December 28, 1993).
(iv) North Korea. Applications for military end-users or for
military end-uses in North Korea of these items will generally be
denied. Applications for non-military end-users or for non-military
end-uses will be considered on a case-by-case basis.
(24) Digital computers with a CTP of 6 or above, assemblies,
related equipment, equipment for development or production of magnetic
and optical storage equipment, and materials for fabrication of head/
disk assemblies.
(i) Iran. Applications for all end-users in Iran of these items
will generally be denied.
(A) Contract sanctity dates for military end-users and end-uses of
items that were subject to national security controls on August 28,
1991: see paragraph (c)(1)(i) of this Supplement.
(B) Contract sanctity date for all other items for all end-users:
August 28, 1991.
(ii) Syria. Applications for military end-users or for military
end-uses in Syria of these items will generally be denied. Applications
for non-military end-users or for non-military end-uses will be
considered on a case-by-case basis.
(A) Contract sanctity dates for items that were subject to national
security controls on August 28, 1991: see paragraph (c)(1)(ii) of this
Supplement.
(B) Contract sanctity date for all other items: August 28, 1991.
(iii) Sudan. Applications for military end-users or for military
end-uses in Sudan of these items will generally be denied. Applications
for non-military end-users or for non-military end-uses in Sudan will
be considered on a case-by-case basis. Contract sanctity date for
Sudan: January 19, 1996, unless a prior contract sanctity date applies
(e.g., items first controlled to Sudan for foreign policy reasons under
EAA section 6(j) have a contract sanctity date of December 28, 1993).
(iv) North Korea.
(A) Computers with a CTP above 2000 MTOPS: Applications for all
end-users will generally be denied.
(B) Computers with a CTP at or below 2000 MTOPS: Applications for
military end-users or for military end-uses, or for nuclear end-users
or nuclear end-uses, will generally be denied. Applications for non-
military end-users or for non-military end-uses, or for non-nuclear
end-users or non-nuclear end-uses, will be considered on a case-by-case
basis.
(25) Telecommunications equipment.
(i) A license is required for the following telecommunications
equipment:
(A) Radio relay systems or equipment operating at a frequency equal
to or greater than 19.7 GHz or ``spectral efficiency'' greater than 3
bit/s/Hz;
(B) Fiber optic systems or equipment operating at a wavelength
greater than 1000 nm;
(C) ``Telecommunications transmission systems'' or equipment with a
``digital transfer rate'' at the highest multiplex level exceeding 45
Mb/s.
[[Page 38157]]
(ii) Iran. Applications for all end-users in Iran of such equipment
will generally be denied.
(A) Contract sanctity date for military end-users and end-uses of
telecommunications equipment that was subject to national security
controls on August 28, 1991: see paragraph (c)(1)(i) of this
Supplement.
(B) Contract sanctity dates for all other vibration test equipment
for all end-users: August 28, 1991.
(iii) Syria. Applications for military end-users or for military
end-uses in Syria of such equipment will generally be denied.
Applications for non-military end-users or for non-military end-uses
will be considered on a case-by-case basis.
(A) Contract sanctity date for exports of telecommunications
equipment that was subject to national security controls on August 28,
1991: see paragraph (c)(1)(ii) of this Supplement.
(B) Contract sanctity date for exports of all other
telecommunications equipment: August 28, 1991.
(iv) Sudan. Applications for military end-users or for military
end-uses in Sudan of such equipment will generally be denied.
Applications for non-military end-users or for non-military end-uses in
Sudan will be considered on a case-by-case basis. Contract sanctity
date for Sudan: January 19, 1996, unless a prior contract sanctity date
applies (e.g., items first controlled to Sudan for foreign policy
reasons under EAA section 6(j) have a contract sanctity date of
December 28, 1993).
(v) North Korea. Applications for military end-users or for
military end-uses in North Korea of such equipment will generally be
denied. Applications for non-military end-users or for non-military
end-uses will be considered on a case-by-case basis.
(26) Microprocessors.
(i) Operating at a clock speed over 25 MHz.
(A) Iran. Applications for all end-users in Iran of these items
will generally be denied.
(1) Contract sanctity date for military end-users and end-uses of
microprocessors that were subject to national security controls on
August 28, 1991: see paragraph (c)(1)(i) of this Supplement.
(2) Contract sanctity dates for all other microprocessors for all
end-users: August 28, 1991.
(B) Syria. Applications for military end-users or for military end-
uses in Syria of these items will generally be denied. Applications for
non-military end-users or for non-military end-uses will be considered
on a case-by-case basis.
(1) Contract sanctity date for microprocessors that were subject to
national security controls on August 28, 1991: see paragraph (c)(1)(ii)
of this Supplement.
(2) Contract sanctity date for all other microprocessors: August
28, 1991.
(C) Sudan. Applications for military end-users or for military end-
uses in Sudan of these items will generally be denied. Applications for
non-military end-users or for non-military end-uses in Sudan will be
considered on a case-by-case basis. Contract sanctity date for Sudan:
January 19, 1996, unless a prior contract sanctity date applies (e.g.,
items first controlled to Sudan for foreign policy reasons under EAA
section 6(j) have a contract sanctity date of December 28, 1993).
(ii) With a CTP of 550 MTOPS or above.
(A) North Korea. Applications for all end-users in North Korea of
these items will generally be denied.
(B) [Reserved]
(27) Semiconductor manufacturing equipment. For Iran, Syria, Sudan,
or North Korea a license is required for all such equipment described
in ECCNs 3B001 and 3B991.
(i) Iran. Applications for all end-users in Iran of such equipment
will generally be denied.
(A) Contract sanctity date for military end-users and end-uses of
semiconductor manufacturing equipment that was subject to national
security controls on August 28, 1991: see paragraph (c)(1)(i) of this
Supplement.
(B) Contract sanctity dates for all other microprocessors for all
end-users: August 28, 1991.
(ii) Syria. Applications for military end-users or for military
end-uses in Syria of such equipment will generally be denied.
Applications for non-military end-users or for non-military end-uses
will be considered on a case-by-case basis.
(A) Contract sanctity date for semiconductor manufacturing
equipment that was subject to national security controls on August 28,
1991: see paragraph (c)(1)(ii) of this Supplement.
(B) Contract sanctity date for all other semiconductor
manufacturing equipment: August 28, 1991.
(iii) Sudan. Applications for military end-users or for military
end-uses in Sudan of such equipment will generally be denied.
Applications for non-military end-users or for non-military end-uses in
Sudan will be considered on a case-by-case basis. Contract sanctity
date for Sudan: January 19, 1996, unless a prior contract sanctity date
applies (e.g., items first controlled to Sudan for foreign policy
reasons under EAA section 6(j) have a contract sanctity date of
December 28, 1993).
(iv) North Korea. Applications for all end-users in North Korea of
such equipment will generally be denied.
(28) Software specially designed for the computer-aided design and
manufacture of integrated circuits.
(i) Iran. Applications for all end-users in Iran of such software
will generally be denied.
(A) Contract sanctity date for military end-users and end-uses of
such software that was subject to national security controls on August
28, 1991: see paragraph (c)(1)(i) of this Supplement.
(B) Contract sanctity dates for all other such software for all
end-users: August 28, 1991.
(ii) Syria. Applications for military end-users or for military
end-uses in Syria of such software will generally be denied.
Applications for non-military end-users or for non-military end-uses
will be considered on a case-by-case basis.
(A) Contract sanctity date for such software that was subject to
national security controls on August 28, 1991: see paragraph (c)(1)(ii)
of this Supplement.
(B) Contract sanctity date for all other such software: August 28,
1991.
(iii) Sudan. Applications for military end-users or for military
end-uses in Sudan of such software will generally be denied.
Applications for non-military end-users or for non-military end-uses in
Sudan will be considered on a case-by-case basis. Contract sanctity
date for Sudan: January 19, 1996, unless a prior contract sanctity date
applies (e.g., items first controlled to Sudan for foreign policy
reasons under EAA section 6(j) have a contract sanctity date of
December 28, 1993).
(iv) North Korea. Applications for military end-users or for
military end-uses in North Korea of such software will generally be
denied. Applications for non-military end-users or for non-military
end-uses will be considered on a case-by-case basis.
(29) Packet switches. Equipment described in ECCN 5A991.c.
(i) Iran. Applications for all end-users in Iran of such equipment
will generally be denied.
(A) Contract sanctity date for military end-users and end-uses in
Iran of packet switches that were subject to national security controls
on August 28, 1991: see paragraph (c)(1)(i) of this Supplement.
(B) Contract sanctity dates for all other packet switches for all
end-users: August 28, 1991.
[[Page 38158]]
(ii) Syria. Applications for military end-users or for military
end-uses in Syria of such equipment will generally be denied.
Applications for non-military end-users or for non-military end-uses
will be considered on a case-by-case basis.
(A) Contract sanctity date for packet switches that were subject to
national security controls on August 28, 1991: see paragraph (c)(1)(ii)
of this Supplement.
(B) Contract sanctity date for all other packet switches: August
28, 1991.
(iii) Sudan. Applications for military end-users or for military
end-uses in Sudan of such equipment will generally be denied.
Applications for non-military end-users or for non-military end-uses in
Sudan will be considered on a case-by-case basis. Contract sanctity
date for Sudan: January 19, 1996, unless a prior contract sanctity date
applies (e.g., items first controlled to Sudan for foreign policy
reasons under EAA section 6(j) have a contract sanctity date of
December 28, 1993).
(iv) North Korea. Applications for military end-users or for
military end-uses in North Korea of these items will generally be
denied. Applications for non-military end-users or for non-military
end-uses will be considered on a case-by-case basis.
(30) Specially designed software for air traffic control
applications that uses any digital signal processing techniques for
automatic target tracking or that has a facility for electronic
tracking.
(i) Iran. Applications for all end-users in Iran of such software
will generally be denied.
(A) Contract sanctity date for military end-users and end-uses of
such software that was subject to national security controls on August
28, 1991: see paragraph (c)(1)(i) of this Supplement.
(B) Contract sanctity dates for all other such software for all
end-users: August 28, 1991.
(ii) Syria. Applications for military end-users or for military
end-uses in Syria of such software will generally be denied.
Applications for non-military end-users or for non-military end-uses
will be considered on a case-by-case basis.
(A) Contract sanctity date for such software that was subject to
national security controls on August 28, 1991: see paragraph (c)(1)(ii)
of this Supplement.
(B) Contract sanctity date for exports of all other such software:
August 28, 1991.
(iii) Sudan. Applications for military end-users or for military
end-uses in Sudan of such software will generally be denied.
Applications for non-military end-users or for non-military end-uses in
Sudan will be considered on a case-by-case basis. Contract sanctity
date for Sudan: January 19, 1996, unless a prior contract sanctity date
applies (e.g., items first controlled to Sudan for foreign policy
reasons under EAA section 6(j) have a contract sanctity date of
December 28, 1993).
(iv) North Korea. Applications for military end-users or for
military end-uses in North Korea of such software will generally be
denied. Applications for non-military end-users or for non-military
end-uses will be considered on a case-by-case basis.
(31) Gravity meters having static accuracy of less (better) than
100 microgal, or gravity meters of the quartz element (worden) type.
(i) Iran. Applications for all end-users in Iran of these items
will generally be denied.
(A) Contract sanctity date for military end-users and end-uses of
gravity meters that were subject to national security controls on
August 28, 1991: see paragraph (c)(1)(i) of this Supplement.
(B) Contract sanctity dates for all other such gravity meters for
all end-users: August 28, 1991.
(ii) Syria. Applications for military end-users or for military
end-uses in Syria of these items will generally be denied. Applications
for non-military end-users or for non-military end-uses will be
considered on a case-by-case basis.
(A) Contract sanctity date for gravity meters that were subject to
national security controls on August 28, 1991: see paragraph (c)(1)(ii)
of this Supplement.
(B) Contract sanctity date for exports of all other such gravity
meters: August 28, 1991.
(iii) Sudan. Applications for military end-users or for military
end-uses in Sudan of these items will generally be denied. Applications
for non-military end-users or for non-military end-uses in Sudan will
be considered on a case-by-case basis. Contract sanctity date for
Sudan: January 19, 1996, unless a prior contract sanctity date applies
(e.g., items first controlled to Sudan for foreign policy reasons under
EAA section 6(j) have a contract sanctity date of December 28, 1993).
(iv) North Korea. Applications for military end-users or for
military end-uses in North Korea of these items will generally be
denied. Applications for non-military end-users or for non-military
end-uses will be considered on a case-by-case basis.
(32) Magnetometers with a sensitivity lower (better) than 1.0 nt
rms per square root Hertz.
(i) Iran. Applications for all end-users in Iran of these items
will generally be denied.
(A) Contract sanctity date for military end-users and end-uses of
such magnetometers that were subject to national security controls on
August 28, 1991: see paragraph (c)(1)(i) of this Supplement.
(B) Contract sanctity dates for all other such magnetometers for
all end-users: August 28, 1991.
(ii) Syria. Applications for military end-users or for military
end-uses in Syria of these items will generally be denied. Applications
for non-military end-users or for non-military end-uses will be
considered on a case-by-case basis.
(A) Contract sanctity date for such magnetometers that were subject
to national security controls on August 28, 1991: see paragraph
(c)(1)(ii) of this Supplement.
(B) Contract sanctity date for all other such magnetometers: August
28, 1991.
(iii) Sudan. Applications for military end-users or for military
end-uses in Sudan of these items will generally be denied. Applications
for non-military end-users or for non-military end-uses in Sudan will
be considered on a case-by-case basis. Contract sanctity date for
Sudan: January 19, 1996, unless a prior contract sanctity date applies
(e.g., items first controlled to Sudan for foreign policy reasons under
EAA section 6(j) have a contract sanctity date of December 28, 1993).
(iv) North Korea. Applications for military end-users or for
military end-uses in North Korea of these items will generally be
denied. Applications for non-military end-users or for non-military
end-uses will be considered on a case-by-case basis.
(33) Fluorocarbon compounds described in ECCN 1C006.d for cooling
fluids for radar.
(i) Iran. Applications for all end-users in Iran of such compounds
will generally be denied.
(A) Contract sanctity date for military end-users and end-uses of
such fluorocarbon compounds that were subject to national security
controls on August 28, 1991: see paragraph (c)(1)(i) of this
Supplement.
(B) Contract sanctity dates for all other such fluorocarbon
compounds for all end-users: August 28, 1991.
(ii) Syria. Applications for military end-users or for military
end-uses in Syria of such compounds will generally be denied.
Applications for non-military end-users or for non-military end-uses
[[Page 38159]]
will be considered on a case-by-case basis.
(A) Contract sanctity date for such fluorocarbon compounds that
were subject to national security controls on August 28, 1991: see
paragraph (c)(1)(ii) of this Supplement.
(B) Contract sanctity date for all other such fluorocarbon
compounds: August 28, 1991.
(iii) Sudan. Applications for military end-users or for military
end-uses in Sudan of such compounds will generally be denied.
Applications for non-military end-users or for non-military end-uses in
Sudan will be considered on a case-by-case basis. Contract sanctity
date for Sudan: January 19, 1996, unless a prior contract sanctity date
applies (e.g., items first controlled to Sudan for foreign policy
reasons under EAA section 6(j) have a contract sanctity date of
December 28, 1993).
(iv) North Korea. Applications for military end-users or for
military end-uses in North Korea of these items will generally be
denied. Applications for non-military end-users or for non-military
end-uses will be considered on a case-by-case basis.
(34) High strength organic and inorganic fibers (kevlar) described
in ECCN 1C210.
(i) Iran. Applications for all end-users in Iran of such fibers
will generally be denied.
(A) Contract sanctity date for military end-users and end-uses of
high strength organic and inorganic fibers (kevlar) described in ECCN
1C210 that were subject to national security controls on August 28,
1991: see paragraph (c)(1)(i) of this Supplement.
(B) Contract sanctity dates for all other high strength organic and
inorganic fibers (kevlar) described in ECCN 1C210 for all end-users:
August 28, 1991.
(ii) Syria. Applications for military end-users or for military
end-uses in Syria of such fibers will generally be denied. Applications
for non-military end-users or for non-military end-uses will be
considered on a case-by-case basis.
(A) Contract sanctity date for high strength organic and inorganic
fibers (kevlar) described in ECCN 1C210 that were subject to national
security controls on August 28, 1991: see paragraph (c)(1)(ii) of this
Supplement.
(B) Contract sanctity date for all other high strength organic and
inorganic fibers (kevlar) described in ECCN 1C210: August 28, 1991.
(iii) Sudan. Applications for military end-users or for military
end-uses in Sudan of such fibers will generally be denied. Applications
for non-military end-users or for non-military end-uses in Sudan will
be considered on a case-by-case basis. Contract sanctity date for
Sudan: January 19, 1996, unless a prior contract sanctity date applies
(e.g., items first controlled to Sudan for foreign policy reasons under
EAA section 6(j) have a contract sanctity date of December 28, 1993).
(iv) North Korea. Applications for military end-users or for
military end-uses, or for nuclear end-users or nuclear end-uses, in
North Korea of such equipment will generally be denied. Applications
for non-military end-users or for non-military end-uses, or for non-
nuclear end-users or non-nuclear end-uses, in North Korea will be
considered on a case-by-case basis.
(35) Machines described in ECCNs 2B003 and 2B993 for cutting gears
up to 1.25 meters in diameter.
(i) Iran. Applications for all end-users in Iran of these items
will generally be denied.
(A) Contract sanctity date for military end-users and end-uses of
such machines that were subject to national security controls on August
28, 1991: see paragraph (c)(1)(i) of this Supplement.
(B) Contract sanctity dates for all other such machines for all
end-users: August 28, 1991.
(ii) Syria. Applications for military end-users or for military
end-uses in Syria of these items will generally be denied. Applications
for non-military end-users or for non-military end-uses will be
considered on a case-by-case basis.
(A) Contract sanctity date for machines that were subject to
national security controls on August 28, 1991: see paragraph (c)(1)(ii)
of this Supplement.
(B) Contract sanctity date for all other machines: August 28, 1991.
(iii) Sudan. Applications for military end-users or for military
end-uses in Sudan of these items will generally be denied. Applications
for non-military end-users or for non-military end-uses in Sudan will
be considered on a case-by-case basis. Contract sanctity date for
Sudan: January 19, 1996, unless a prior contract sanctity date applies
(e.g., items first controlled to Sudan for foreign policy reasons under
EAA section 6(j) have a contract sanctity date of December 28, 1993).
(iv) North Korea. Applications for military end-users or for
military end-uses in North Korea of these items will generally be
denied. Applications for non-military end-users or for non-military
end-uses will be considered on a case-by-case basis.
(36) Aircraft skin and spar milling machines.
(i) Iran. Applications for all end-users in Iran of these items
will generally be denied.
(A) Contract sanctity date for military end-users and end-uses of
aircraft skin and spar milling machines that were subject to national
security controls on August 28, 1991: see paragraph (c)(1)(i) of this
Supplement.
(B) Contract sanctity dates for all other aircraft skin and spar
milling machines to all end-users: August 28, 1991.
(ii) Syria. Applications for military end-users or for military
end-uses in Syria of these items will generally be denied. Applications
for non-military end-users or for non-military end-uses will be
considered on a case-by-case basis.
(A) Contract sanctity date for aircraft skin and spar milling
machines that were subject to national security controls on August 28,
1991: see paragraph (c)(1)(ii) of this Supplement.
(B) Contract sanctity date for all other aircraft skin and spar
milling machines: August 28, 1991.
(iii) Sudan. Applications for military end-users or for military
end-uses in Sudan of these items will generally be denied. Applications
for non-military end-users or for non-military end-uses in Sudan will
be considered on a case-by-case basis. Contract sanctity date for
Sudan: January 19, 1996, unless a prior contract sanctity date applies
(e.g., items first controlled to Sudan for foreign policy reasons under
EAA section 6(j) have a contract sanctity date of December 28, 1993).
(iv) North Korea. Applications for all end-users in North Korea of
such equipment will generally be denied.
(37) Manual dimensional inspection machines described in ECCN
2B996.
(i) Iran. Applications for all end-users in Iran of these items
will generally be denied.
(A) Contract sanctity date for military end-users or end-uses of
manual dimensional inspection machines that were subject to national
security controls on August 28, 1991: see paragraph (c)(1)(i) of this
Supplement.
(B) Contract sanctity date for all other manual dimensional
inspection machines for all end-users: August 28, 1991.
(ii) Syria. Applications for military end-users or for military
end-uses in Syria of these items will generally be denied. Applications
for non-military end-users or for non-military end-uses in Syria will
be considered on a case-by-case basis.
[[Page 38160]]
(A) Contract sanctity date for such manual dimensional inspection
machines that were subject to national security controls on August 28,
1991: see paragraph (c)(1)(ii) of this Supplement.
(B) Contract sanctity date for all other such manual dimensional
inspection machines: August 28, 1991.
(iii) Sudan. Applications for military end-users or for military
end-uses in Sudan of these items will generally be denied. Applications
for non-military end-users or for non-military end-uses in Sudan will
be considered on a case-by-case basis. Contract sanctity date for
Sudan: January 19, 1996, unless a prior contract sanctity date applies
(e.g., items first controlled to Sudan for foreign policy reasons under
EAA section 6(j) have a contract sanctity date of December 28, 1993).
(iv) North Korea. Applications for military end-users or for
military end-uses, or for nuclear end-users or nuclear end-uses, in
North Korea of such equipment will generally be denied. Applications
for non-military end-users or for non-military end-uses, or for non-
nuclear end-users or non-nuclear end-uses, in North Korea will be
considered on a case-by-case basis.
(38) Robots capable of employing feedback information in real time
processing to generate or modify programs.
(i) Iran. Applications for all end-users in Iran of these items
will generally be denied.
(A) Contract sanctity date for military end-users or end-uses of
such robots that were subject to national security controls on August
28, 1991: see paragraphs (c)(1)(i) of this Supplement.
(B) Contract sanctity date for all other such robots: August 28,
1991.
(ii) Syria. Applications for military end-users or for military
end-uses in Syria of these items will generally be denied. Applications
for non-military end-users or for non-military end-uses in Syria will
be considered on a case-by case basis.
(A) Contract sanctity date for such robots that were subject to
national security controls on August 28, 1991: see paragraph (c)(1)(ii)
of this Supplement.
(B) Contract sanctity date for all other such robots: August 28,
1991.
(iii) Sudan. Applications for military end-users or for military
end-uses in Sudan of these items will generally be denied. Applications
for non-military end-users or for non-military end-uses in Sudan will
be considered on a case-by-case basis. Contract sanctity date for
Sudan: January 19, 1996, unless a prior contract sanctity date applies
(e.g., items first controlled to Sudan for foreign policy reasons under
EAA section 6(j) have a contract sanctity date of December 28, 1993).
(iv) North Korea. Applications for military end-users or for
military end-uses, or for nuclear end-users or nuclear end-uses, in
North Korea of such equipment will generally be denied. Applications
for non-military end-users or for non-military end-uses, or for non-
nuclear end-users or non-nuclear end-uses, in North Korea will be
considered on a case-by-case basis.
(39) Explosive device detectors described in ECCN 2A993.
(i) Iran. Applications for all end-users in Iran of these items
will generally be denied. Contract sanctity date: January 19, 1996.
(ii) Syria. Applications for all end-users in Syria of these items
will generally be denied. Contract sanctity date: January 19, 1996.
(iii) Sudan. Applications for all end-users in Sudan of these items
will generally be denied. Contract sanctity date: January 19, 1996.
(iv) North Korea. Applications for all end-users in North Korea of
these items will generally be denied.
(40) [Reserved]
(41) Production technology controlled under ECCN 1C355 on the CCL.
(i) Iran. Applications for all end-users in Iran of these items
will generally be denied.
(ii) Syria. Applications for military end-users or for military
end-uses in Syria of these items will generally be denied. Applications
for non-military end-users or for non-military end-uses in Syria will
be considered on a case-by-case basis.
(iii) Sudan. Applications for all end-users in Sudan of these items
will generally be denied.
(iv) North Korea. Applications for military end-users or for
military end-uses in North Korea of these items will generally be
denied. Applications for non-military end-users or for non-military
end-uses will be considered on a case-by-case basis.
(42) Commercial Charges and devices controlled under ECCN 1C992 on
the CCL.
(i) Iran. Applications for all end-users in Iran of these items
will generally be denied.
(ii) Syria. Applications for all end-users in Syria of these items
will generally be denied.
(iii) Sudan. Applications for all end-users in Sudan of these items
will generally be denied.
(iv) North Korea. Applications for all end-users in North Korea of
these items will generally be denied.
(43) [Reserved]
(44) Specific processing equipment, materials and software
controlled under ECCNs 0A999, 0B999, 0D999, 1A999, 1C999, 1D999, 2A999,
2B999, 3A999, and 6A999 on the CCL.
(i) North Korea. Applications for military end-users or for
military end-uses, or for nuclear end-users or nuclear end-uses, in
North Korea of such equipment will generally be denied. Applications
for non-military end-users or for non-military end-uses, or for non-
nuclear end-users or non-nuclear end-uses, in North Korea will be
considered on a case-by-case basis.
(ii) [Reserved]
PART 744--[AMENDED]
28. Section 744.7 is amended by revising the phrase ``North Korea
or Country Group D:1'' in paragraphs (b)(1), (b)(2) introductory text,
and (b)(2)(ii) to read ``Country Group D:1''.
PART 746--[AMENDED]
Sec. 746.1 [Amended]
29. Section 746.1 is amended:
a. By revising the phrase ``Libya, North Korea,'' in the
introductory text of paragraph (a) to read ``Libya,'';
b. By revising the heading of paragraph (a)(1) to read ``Cuba and
Libya''; and
c. By revising the phrase ``Cuba, Libya, or North Korea.'' in the
first sentence of paragraph (a)(1) to read ``Cuba or Libya.'' and
revising the phrase ``Cuba, Libya, and North Korea'' in the second
sentence of paragraph (a)(1) to read ``Cuba or Libya.''.
30. Part 746 is amended by removing and reserving Sec. 746.5.
PART 758--[AMENDED]
Sec. 758.3 [Amended]
31. Section 758.3 is amended by revising the phrase ``Cuba, or
North Korea.'' in paragraph (i)(2) to read ``or Cuba.''.
PART 774--[AMENDED]
32. In Supplement No. 1 to part 774 (the Commerce Control List)
Category 0--Nuclear Materials, Facilities, and Equipment (And Misc.
Items), Export Control Classification Numbers (ECCNs) are amended:
a. By revising the ``License Requirements'' section in ECCN 0A986;
b. By adding a new ECCN 0A999;
c. By revising the ``License Requirements'' section in ECCN 0B986;
d. By adding a new ECCN 0B999; and
e. By adding a new ECCN 0D999 to read as follows:
[[Page 38161]]
0A986 Shotgun Shells, Except Buckshot Shotgun Shells, and Parts
License Requirements
Reason for Control: AT, FC, UN.
Control(s).
Country Chart.
AT applies to entire entry. A license is required for items
controlled by this entry to North Korea for anti-terrorism reasons. The
Commerce Country Chart is not designed to determine AT licensing
requirements for this entry. See Sec. 742.19 of the EAR for additional
information.
FC applies to entire entry.
FC Column 1.
UN applies to entire entry. A license is required for items
controlled by this entry to Rwanda and the Federal Republic of
Yugoslavia (Serbia and Montenegro). The Commerce Country Chart is not
designed to determine licensing requirements for this entry. See part
746 of the EAR for additional information.
* * * * *
0A999 Specific Processing Equipment, as Follows (See List of Items
Controlled)
License Requirements
Reason for Control: AT.
Control(s).
Country Chart.
AT applies to entire entry. A license is required for items
controlled by this entry to North Korea for anti-terrorism reasons. The
Commerce Country Chart is not designed to determine AT licensing
requirements for this entry. See Sec. 742.19 of the EAR for additional
information.
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. Ring Magnets;
b. Reserved.
* * * * *
0B986 Equipment Specially Designed for Manufacturing Shotgun
Shells; and Ammunition Hand-Loading Equipment for Both Cartridges
and Shotgun Shells
License Requirements
Reason for Control: AT, UN.
Control(s).
Country Chart.
AT applies to entire entry. A license is required for items
controlled by this entry to North Korea for anti-terrorism reasons. The
Commerce Country Chart is not designed to determine AT licensing
requirements for this entry. See Sec. 742.19 of the EAR for additional
information.
UN applies to entire entry. A license is required for items
controlled by this entry to Rwanda and the Federal Republic of
Yugoslavia (Serbia and Montenegro). The Commerce Country Chart is not
designed to determine licensing requirements for this entry. See part
746 of the EAR for additional information.
* * * * *
0B999 Specific Processing Equipment, as Follows (See List of Items
Controlled)
License Requirements
Reason for Control: AT.
Control(s).
Country Chart.
AT applies to entire entry. A license is required for items
controlled by this entry to North Korea for anti-terrorism reasons. The
Commerce Country Chart is not designed to determine AT licensing
requirements for this entry. See Sec. 742.19 of the EAR for additional
information.
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. Hot cells;
b. Glove boxes suitable for use with radioactive materials.
* * * * *
0D999 Specific Software, as Follows (See List of Items
Controlled).
License Requirements
Reason for Control: AT.
Control(s).
Country Chart.
AT applies to entire entry. A license is required for items
controlled by this entry to North Korea for anti-terrorism reasons. The
Commerce Country Chart is not designed to determine AT licensing
requirements for this entry. See Sec. 742.19 of the EAR for additional
information.
License Exceptions
CIV: N/A
TSR: N/A
List of Items Controlled
Unit: $ value.
Related Controls: N/A.
Related Definitions: N/A.
Items:
a. Software for neutronic calculations/modeling;
b. Software for radiation transport calculations/modeling;
c. Software for hydrodynamic calculations/modeling.
* * * * *
33. In Supplement No. 1 to part 774 (the Commerce Control List)
Category 1--Materials, Chemicals, Microorganisms, and Toxins, ECCNs are
amended:
a. By adding ECCNs 1A999, 1B999, 1C999, and 1D999; and
b. By revising the ``License Requirements'' section in ECCN 1C995,
to read as follows:
1A999 Specific Processing Equipment, n.e.s., as Follows (See List
of Items Controlled)
License Requirements
Reason for Control: AT.
Control(s).
Country Chart.
AT applies to entire entry. A license is required for items
controlled by this entry to North Korea for anti-terrorism reasons. The
Commerce Country Chart is not designed to determine AT licensing
requirements for this entry. See Sec. 742.19 of the EAR for additional
information.
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. Radiation detection, monitoring and measurement equipment,
n.e.s.;
b. Radiographic detection equipment such as x-ray converters, and
storage phosphor image plates.
* * * * *
1B999 Specific Processing Equipment, n.e.s., as Follows (See List
of Items Controlled)
License Requirements
Reason for Control: AT.
Control(s).
Country Chart.
AT applies to entire entry. A license is required for items
controlled by this entry to North Korea for anti-terrorism reasons. The
Commerce Country Chart is not designed to determine AT licensing
requirements for this entry. See Sec. 742.19 of the EAR for additional
information.
[[Page 38162]]
License Exceptions
LVS: N/A
GBS: N/A
CIV: N/A
List of Items Controlled
Unit: $ value.
Related Controls: See also 1B001, 1B101, 1B201, 1B225 and 1D999.
Related Definitions: N/A.
Items:
a. Electrolytic cells for flourine production, n.e.s.;
b. Particle accelerators;
c. Industrial process control hardware/systems designed for power
industries, n.e.s.;
d. Freon and chilled water cooling systems capable of continuous
cooling duties of 100,000 BTU/hr (29.3 kW) or greater;
e. Equipment for the production of structural composites, fibers,
prepregs and preforms, n.e.s.
* * * * *
1C995 Mixtures Containing Precursor and Intermediate Chemicals
Used in the ``Production'' of Chemical Warfare Agents That Are Not
Controlled by ECCN 1C350
License Requirements
Reason for Control: AT.
AT applies to entire entry. A license is required for items
controlled by this entry to Cuba, Iran, Libya, and North Korea for
anti-terrorism reasons. The Commerce Country Chart is not designed to
determine licensing requirements for this entry. See part 746 of the
EAR for additional information on Cuba, Iran, and Libya. See
Sec. 742.19 of the EAR for additional information on North Korea.
* * * * *
1C999 Specific Materials, n.e.s., as Follows (See List of Items
Controlled)
License Requirements
Reason for Control: AT.
Control(s).
Country Chart.
AT applies to entire entry. A license is required for items
controlled by this entry to North Korea for anti-terrorism reasons. The
Commerce Country Chart is not designed to determine AT licensing
requirements for this entry. See Sec. 742.19 of the EAR for additional
information.
License Exceptions
LVS: N/A
GBS: N/A
CIV: N/A
List of Items Controlled
Unit: $ value.
Related Controls: See also 1C236.
Related Definitions: N/A.
Items:
a. Hardened steel and tungsten carbide precision ball bearings (3mm
or greater diameter);
b. 304 and 316 stainless steel plate, n.e.s.;
c. Monel plate;
d. Tributyl phosphate;
e. Nitric acid in concentrations of 20 weight percent or greater;
f. Flourine;
g. Alpha-emitting radionuclides, n.e.s.
* * * * *
1D999 Specific Software, n.e.s., as Follows (See List of Items
Controlled)
License Requirements
Reason for Control: AT.
Control(s).
Country Chart.
AT applies to entire entry. A license is required for items
controlled by this entry to North Korea for anti-terrorism reasons. The
Commerce Country Chart is not designed to determine AT licensing
requirements for this entry. See Sec. 742.19 of the EAR for additional
information.
License Exceptions
CIV: N/A
TSR: N/A
List of Items Controlled
Unit: $ value.
Related Controls: See also 1B999.
Related Definitions: N/A.
Items:
a. Software specially designed for industrial process control
hardware/systems controlled by 1B999, n.e.s.;
b. Software specially designed for equipment for the production of
structural composites, fibers, prepregs and preforms controlled by
1B999, n.e.s.
34. In Supplement No. 1 to part 774 (the Commerce Control List)
Category 2, Materials Processing, of the Commerce Control List, ECCNs
are amended:
a. By revising the ``License Requirements'' section in ECCNs 2A994;
b. By adding ECCNs 2A999 and 2B999; and
b. By revising the ``License Requirements'' section in ECCN 2D994,
to read as follows:
2A994 Portable Electric Generators and Specially Designed Parts
License Requirements
Reason for Control: AT.
Control(s).
AT applies to entire entry. A license is required for items
controlled by this entry to Cuba, Iran, Libya, and North Korea for
anti-terrorism reasons. The Commerce Country Chart is not designed to
determine licensing requirements for this entry. See part 746 of the
EAR for additional information on Cuba, Iran, and Libya. See
Sec. 742.19 of the EAR for additional information on North Korea.
* * * * *
2A999 Specific Processing Equipment, n.e.s., as Follows (See List
of Items Controlled).
License Requirements
Reason for Control: AT.
Control(s).
Country Chart.
AT applies to entire entry. A license is required for items
controlled by this entry to North Korea for anti-terrorism reasons. The
Commerce Country Chart is not designed to determine AT licensing
requirements for this entry. See Sec. 742.19 of the EAR for additional
information.
License Exceptions
LVS: N/A
GBS: N/A
CIV: N/A
List of Items Controlled
Unit: $ value.
Related Controls: See also 2A226, 2B350.
Related Definitions: N/A.
Items:
a. Bellows sealed valves;
b. Reserved.
* * * * *
2B999 Specific Processing Equipment, n.e.s., as Follows (See List
of Items Controlled).
License Requirements
Reason for Control: AT.
Control(s).
Country Chart.
AT applies to entire entry. A license is required for items
controlled by this entry to North Korea for anti-terrorism reasons. The
Commerce Country Chart is not designed to determine AT licensing
requirements for this entry. See Sec. 742.19 of the EAR for additional
information.
License Exceptions
LVS: N/A
GBS: N/A
CIV: N/A
List of Items Controlled
Unit: $ value.
Related Controls: See also 0B001, 0B002, 0B004, 1B233, 2A293,
2B001.f, 2B004, 2B009, 2B104, 1B109, 2B204, 2B209, 2B228, 2B229, 2B231,
2B350.
Related Definitions: N/A.
[[Page 38163]]
Items:
a. Isostatic presses, n.e.s.;
b. Bellows manufacturing equipment, including hydraulic forming
equipment and bellows forming dies;
c. Laser welding machines;
d. MIG welders;
e. E-beam welders;
f. Monel equipment, including valves, piping, tanks and vessels;
g. 304 and 316 stainless steel valves, piping, tanks and vessels;
h. Mining and drilling equipment, as follows:
h.1. Large boring equipment capable of drilling holes greater than
two feet in diameter;
h.2. Large earth-moving equipment used in the mining industry;
i. Electroplating equipment designed for coating parts with nickel
or aluminum;
j. Pumps designed for industrial service and for use with an
electrical motor of 5 HP or greater;
k. Vacuum valves, piping, flanges, gaskets and related equipment
specially designed for use in high-vacuum service, n.e.s.;
l. Spin forming and flow forming machines, n.e.s.;
m. Centrifugal multiplane balancing machines, n.e.s.;
n. Austenitic stainless steel plate, valves, piping, tanks and
vessels.
* * * * *
2D994 ``Software'' Specially Designed for the ``Development'' or
``Production'' of Portable Electric Generators Controlled by 2A994
* * * * *
License Requirements
Reason for Control: AT.
Control(s).
AT applies to entire entry. A license is required for items
controlled by this entry to Cuba, Iran, Libya, and North Korea for
anti-terrorism reasons. The Commerce Country Chart is not designed to
determine licensing requirements for this entry. See part 746 of the
EAR for additional information on Cuba, Iran, and Libya. See
Sec. 742.19 of the EAR for additional information on North Korea.
* * * * *
35. Category 2, Materials Processing, of the Commerce Control List,
is amended by revising the ``License Requirements'' section in ECCN
2E994 to read as follows:
2E994 ``Technology'' for the ``Use'' of Portable Electric
Generators Controlled by 2A994
* * * * *
License Requirements
Reason for Control: AT.
Control(s).
AT applies to entire entry. A license is required for items
controlled by this entry to Cuba, Iran, Libya, and North Korea for
anti-terrorism reasons. The Commerce Country Chart is not designed to
determine licensing requirements for this entry. See part 746 of the
EAR for additional information on Cuba, Iran, and Libya. See
Sec. 742.19 of the EAR for additional information on North Korea.
* * * * *
36. In Supplement No. 1 to part 774 (the Commerce Control List)--
Category 3, Electronics, Export Control Classification Numbers (ECCNs)
are amended:
a. By revising the ``License Requirements'' section in ECCN 3A991;
and
b. By adding ECCN 3A999, as follows:
3A991 Electronic Devices and Components Not Controlled by 3A001
* * * * *
License Requirements
Reason for Control: AT.
Control(s): AT applies to entire entry.
Country Chart: AT Column 1.
License Requirements Notes:
1. Microprocessors with a CTP below 550 MTOPS listed in paragraph
(a) of this entry may be shipped NLR (No License Required) when
destined to North Korea, provided restrictions set forth in other
sections of the EAR (e.g., end-use restrictions), do not apply.
* * * * *
3A999 Specific Processing Equipment, n.e.s., as Follows (See List
of Items Controlled)
License Requirements
Reason for Control: AT.
Control(s).
Country Chart.
AT applies to entire entry. A license is required for items
controlled by this entry to North Korea for anti-terrorism reasons. The
Commerce Country Chart is not designed to determine AT licensing
requirements for this entry. See Sec. 742.19 of the EAR for additional
information.
License Exceptions
LVS: N/A
GBS: N/A
CIV: N/A
List of Items Controlled
Unit: $ value.
Related Controls: See also 0B002, 3A225 (for frequency changes
capable of operating in the frequency range of 600 Hz and above),
3A233.
Related Definitions: N/A.
Items:
a. Frequency changers capable of operating in the frequency range
from 300 up to 600 Hz, n.e.s;
b. Mass spectrometers n.e.s;
c. All flash x-ray machines, and components of pulsed power systems
designed thereof, including Marx generators, high power pulse shaping
networks, high voltage capacitors, and triggers;
d. Pulse amplifiers, n.e.s.;
e. Electronic equipment for time delay generation or time interval
measurement, as follows:
e.1. Digital time delay generators with a resolution of 50
nanoseconds or less over time intervals of 1 microsecond or greater; or
e.2. Multi-channel (three or more) or modular time interval meter
and chronometry equipment with resolution of 50 nanoseconds or less
over time intervals of 1 microsecond or greater;
f. Chromatography and spectrometry analytical instruments.
* * * * *
37. In Supplement No. 1 to part 774 (the Commerce Control List)--
Category 6, Sensors and Lasers is amended by adding ECCN 6A999, as
follows:
6A999 Specific Processing Equipment, as Follows (See List of Items
Controlled)
License Requirements
Reason for Control: AT.
Control(s).
Country Chart.
AT applies to entire entry. A license is required for items
controlled by this entry to North Korea for anti-terrorism reasons. The
Commerce Country Chart is not designed to determine AT licensing
requirements for this entry. See Sec. 742.19 of the EAR for additional
information.
License Exceptions
LVS: N/A
GBS: N/A
CIV: N/A
List of Items Controlled
Unit: $ value.
Related Controls: See also 6A203.
Related Definitions: N/A.
Items:
a. Seismic detection equipment;
b. Radiation hardened TV cameras, n.e.s.
* * * * *
[[Page 38164]]
Dated: June 12, 2000.
R. Roger Majak,
Assistant Secretary for Export Administration.
[FR Doc. 00-15168 Filed 6-16-00; 8:45 am]
BILLING CODE 3510-33-P