Rule2022-26134
International Traffic in Arms Regulations (ITAR): Notification of Temporary Suspension of a Regulatory Provision Related to Certain Capacitors Described on the U.S. Munitions List
Primary source
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Published
December 7, 2022
Effective
November 21, 2022
Issuing agencies
State Department
Abstract
The Department of State (the Department) is informing the public that on November 21, 2022, the Deputy Assistant Secretary of State for Defense Trade Controls temporarily suspended for a period of six (6) months the applicability of regulations for certain capacitors described in the U.S. Munitions List (USML) Category XI that have a voltage rating of one hundred twenty-five volts (125 V) or less.
Full Text
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<title>Federal Register, Volume 87 Issue 234 (Wednesday, December 7, 2022)</title>
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[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Rules and Regulations]
[Pages 74967-74968]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26134]
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DEPARTMENT OF STATE
22 CFR Part 120
[Public Notice: 11929]
International Traffic in Arms Regulations (ITAR): Notification of
Temporary Suspension of a Regulatory Provision Related to Certain
Capacitors Described on the U.S. Munitions List
ACTION: Temporary suspension.
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SUMMARY: The Department of State (the Department) is informing the
public that on November 21, 2022, the Deputy Assistant Secretary of
State for Defense Trade Controls temporarily suspended for a period of
six (6) months the applicability of regulations for certain capacitors
described in the U.S. Munitions List (USML) Category XI that have a
voltage rating of one hundred twenty-five volts (125 V) or less.
DATES: This temporary suspension went into effect on November 21, 2022
and will expire on May 22, 2023 or when terminated by the Department,
whichever occurs first.
FOR FURTHER INFORMATION CONTACT: Mr. Chris Weil, Office of Defense
Trade Controls Policy, Department of State, telephone (202) 571-7051;
email <a href="/cdn-cgi/l/email-protection#db9f9f8f988baeb9b7b2b898b4b6b6beb5afa89ba8afbaafbef5bcb4ad"><span class="__cf_email__" data-cfemail="e8acacbcabb89d8a84818bab8785858d869c9ba89b9c899c8dc68f879e">[email protected]</span></a> ATTN: Temporary Suspension Related
to Certain Capacitors
SUPPLEMENTARY INFORMATION: On July 1, 2014, the Department published a
final rule revising Category XI of the USML (79 FR 37536). That final
rule added USML Category XI(c)(5) to describe high-energy storage
capacitors with a repetition rate of 6 discharges or more per minute
and full energy life greater than or equal to 10,000 discharges, at
greater than 0.2 Amps per Joule peak current, that have any of the
following:
<bullet> Volumetric energy density greater than or equal to 1.5 J/
cc or
<bullet> Mass energy density greater than or equal to 1.3 kJ/kg.
The Department, in consultation with the Departments of Defense and
Commerce, and other U.S. Government agencies, assessed in the
rulemaking that the discharge rate and energy life criteria were
sufficient to differentiate those capacitors warranting ITAR control
from those that were in normal commercial use at the time of the
rulemaking.
It has come to the Department's attention that certain low-voltage
capacitors with foreign availability that are described in USML
Category XI(c)(5) are now extensively integrated into commercial
applications, such as Wi-Fi routers and civil aviation aircraft
transponders. Pursuant to ITAR Sec. 120.11(c), defense articles
described on the USML are controlled and remain subject to the ITAR
following integration into any item not described on the USML, unless
specifically provided otherwise. Thus, a license or other approval is
required prior to any export, reexport, retransfer, or temporary import
of an item containing such capacitors.
Section 126.2 of the ITAR provides that the Deputy Assistant
Secretary for Defense Trade Controls may order the temporary suspension
or modification of any or all provisions of the ITAR when in the
interest of the security and foreign policy of the United States.
The Department assessed that it is in the security and foreign
policy interests of the United States to facilitate commercial uses of
certain capacitors when integrated into any item not described on the
USML (for example, certain items used in energy exploration or in
commercial aircraft used for global travel and commerce). Accordingly,
on November 21, 2022, pursuant to ITAR Sec. 126.2, and the
Department's administration of the Arms Export Control Act (AECA) as a
foreign affairs function as stated in ITAR Sec. 120.20, the Deputy
Assistant Secretary of State for Defense Trade Controls ordered the
temporary suspension of ITAR Sec. 120.11(c) with respect to capacitors
described in USML Category XI(c)(5) that have a voltage rating of one
hundred twenty-five volts (125 V) or less and have been integrated
into, and included as an integral part of, an item not described on the
USML. Such articles are licensed by the Department of Commerce when
integrated into, and included as an integral part of, items subject to
the EAR. This temporary
[[Page 74968]]
suspension of ITAR Sec. 120.11(c), as described above, is valid for a
period of six months until May 21, 2023, or when terminated by notice,
whichever occurs first.
Capacitors described in USML Category XI(c)(5) remain subject to
the controls of the ITAR in all other circumstances, including as
stand-alone articles. The export, reexport, retransfer, or temporary
import of technical data and defense services directly related to all
defense articles described in USML Category XI(c)(5) remain subject to
the ITAR.
Any violation of the ITAR, including any violation of the terms and
conditions of any export license issued by the Department of State
prior to the temporary suspension announced herein, remains a violation
of the AECA. The public is reminded that the Department of State
strongly encourages industry to disclose, pursuant to ITAR Sec.
127.12, unauthorized exports, reexports, retransfers, or temporary
imports of defense articles, including the subject capacitors, that
occurred prior to the temporary suspension announced herein.
Authority: 22 CFR 126.2; 22 U.S.C. 2778.
Michael F. Miller,
Deputy Assistant Secretary, Defense Trade Controls, Department of
State.
[FR Doc. 2022-26134 Filed 12-6-22; 8:45 am]
BILLING CODE 4710-25-P
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