Rule2024-08446
Export Control Revisions for Australia, United Kingdom, United States (AUKUS) Enhanced Trilateral Security Partnership
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 19, 2024
Effective
April 19, 2024
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Abstract
With this interim final rule (IFR), the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to remove license requirements, expand the availability of license exceptions, and reduce the scope of end-use and end-user-based license requirements for exports, reexports, and transfers (in-country) to or within Australia and the United Kingdom (UK) to enhance technological innovation among the three countries and support the goals of the AUKUS Trilateral Security Partnership.
Full Text
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[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Rules and Regulations]
[Pages 28594-28603]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08446]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 734, 738, 740, 742, 743, 744, 754, 758, 772, 774
[Docket No. 240415-0109]
RIN 0694-AJ58
Export Control Revisions for Australia, United Kingdom, United
States (AUKUS) Enhanced Trilateral Security Partnership
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Interim final rule.
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SUMMARY: With this interim final rule (IFR), the Bureau of Industry and
Security (BIS) amends the Export Administration Regulations (EAR) to
remove license requirements, expand the availability of license
exceptions, and reduce the scope of end-use and end-user-based license
requirements for exports, reexports, and transfers (in-country) to or
within Australia and the United Kingdom (UK) to enhance technological
innovation among the three countries and support the goals of the AUKUS
Trilateral Security Partnership.
DATES: This rule is effective April 19, 2024. Comments must be received
by BIS no later than June 3, 2024.
ADDRESSES: Comments on this rule may be submitted to the Federal
rulemaking portal (<a href="http://www.regulations.gov">www.regulations.gov</a>). The <a href="http://regulations.gov">regulations.gov</a> ID for
this rule is: BIS-2024-0019. Please refer to RIN 0694-AJ58 in all
comments.
All filers using the portal should use the name of the person or
entity submitting the comments as the name of their files, in
accordance with the instructions below. Anyone submitting business
confidential information should clearly identify the business
confidential portion at the time of submission, file a statement
justifying nondisclosure and referring to the specific legal authority
claimed, and provide a non-confidential version of the submission.
For comments submitted electronically containing business
confidential information, the file name of the business confidential
version should begin with the characters ``BC.'' Any page containing
business confidential information must be clearly marked ``BUSINESS
CONFIDENTIAL'' on the top of that page. The corresponding non-
confidential version of those comments must be clearly marked
``PUBLIC.'' The file name of the non-confidential version should begin
with the character ``P.'' Any submissions with file names that do not
begin with either a ``BC'' or a ``P'' will be assumed to be public and
will be made publicly available through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Commenters submitting business confidential information are encouraged
to scan a hard copy of the non-confidential version to create an image
of the file, rather than submitting a digital copy with redactions
applied, to avoid inadvertent redaction errors which could enable the
public to read business confidential information.
FOR FURTHER INFORMATION CONTACT: For questions on this rule, contact
Philip Johnson at <a href="/cdn-cgi/l/email-protection#762426324436141f055812191558111900"><span class="__cf_email__" data-cfemail="99cbc9ddabd9fbf0eab7fdf6fab7fef6ef">[email protected]</span></a> or (202) 482-2440.
SUPPLEMENTARY INFORMATION:
Background
BIS is amending the EAR (15 CFR parts 730-774), by revising the
license requirements for items being exported, reexported, or
transferred (in-country) to or within Australia and the UK. Background
regarding these changes is detailed below.
AUKUS Trilateral Security Partnership
On September 15, 2021, the leaders of Australia, the UK, and the
United States
[[Page 28595]]
announced their ``resolve to deepen diplomatic, security, and defense
cooperation in the Indo-Pacific region, including by working with
partners, to meet the challenges of the twenty-first century'' by
creating AUKUS, an enhanced trilateral security partnership. Through
AUKUS, partner governments are strengthening each other's ability to
support their collective security and defense interests, building on
longstanding and ongoing bilateral ties. AUKUS implementation promotes
deeper information and technology sharing, while fostering integration
of security and defense-related science, technology, industrial bases,
and supply chains. In particular, AUKUS significantly enhances
cooperation on a range of security and defense capabilities, many of
which are detailed below. AUKUS is part of a broader U.S. Government
effort to fortify international alliances and partnerships in mutually
reinforcing ways across issues and continents. It is one of multiple
partnerships that the United States is pursuing, enhancing cooperation
on security issues in the Indo-Pacific region and around the world.
As it currently stands, AUKUS consists of two main pillars, Pillar
I and Pillar II. Pillar I focuses on trilateral submarine cooperation.
Pillar II has a wider scope than Pillar I because it focuses initial
partner collaboration efforts on advanced capabilities in the following
areas: (1) advanced cyber, artificial intelligence (AI), and autonomy;
(2) quantum technologies; (3) hypersonic and counter-hypersonic
capabilities; (4) electronic warfare; (5) innovation; (6) information
sharing; and (7) additional undersea capabilities. Recognizing the deep
defense ties built over decades, the three partner nations endeavor to
streamline their collective defense collaboration while strengthening
the ability to protect the sensitive technologies that underpin
national security on these topics. It should be noted that the AUKUS
partnership will continue to evolve. The technologies and areas of
cooperation highlighted above are illustrative, not exhaustive, and are
referenced here to highlight how license-free exports of certain items
facilitated by the changes in this rule directly support not only the
AUKUS partnership, but general defense trade and innovation between and
among the AUKUS nations.
Export Control Cooperation With the UK and Australia
On December 22, 2023, President Biden signed the National Defense
Authorization Act (NDAA) for Fiscal Year 2024, Public Law 118-31, which
enacted provisions related to streamlining defense trade between and
among the United States, UK, and Australia, provided certain conditions
are met. The Department of State has purview over the implementation of
the new authorities provided through the NDAA's revisions to the Arms
Export Control Act. Separately, to support the United States' broader
defense trade and technology cooperation with the AUKUS partners, BIS
is issuing this rule to remove certain license requirements under the
EAR.
The UK and Australia are two of the United States' closest allies,
with longstanding collective defense arrangements. They are also
members of all four multilateral export control regimes (i.e., the
Wassenaar Arrangement on Export Controls for Conventional Arms and
Related Dual-Use Goods and Technologies, Australia Group, Nuclear
Suppliers Group, and Missile Technology Control Regime (MTCR)) and are
also members of the Global Export Controls Coalition (GECC) of
governments that have substantially aligned on export control measures
in response to Russia's illegal war against Ukraine (see supplement no.
3 to part 746 of the EAR). The UK and Australia have robust export
control systems and have taken additional measures in recent months to
enhance technology protection and promote secure trade. Specifically,
in December 2023, the United Kingdom's National Security Act 2023 came
into force, providing for inter alia enhanced protections against the
unauthorized disclosure of certain defense-related information. In
March 2024, the Australian Parliament passed the Defence Trade Controls
Amendment Act 2024 and the Safeguarding Australia's Military Secrets
Act 2024, providing for inter alia controls on the reexport of items
originally exported from Australia, and disclosures of controlled
technology to certain foreign persons within Australia, as well as
controls on the provision of defense services. Following their passage
in their respective parliaments, the UK and Australian actions received
royal assent. These actions highlight the UK's and Australia's
commitment to implementing robust export controls and technology
protection measures. Accordingly, this rule significantly streamlines
many license requirements under the EAR for exports, reexports, and
transfers (in-country) to and within the UK and Australia.
Regulatory Changes
With this rule, Australia and the UK will have nearly the same
licensing treatment under the EAR as Canada. The liberal licensing
treatment of items destined to Canada was made possible in part because
Canada is included in the National Technology and Industrial Base
(NTIB) (as defined in 10 U.S.C. 4801(1)). In 2017, this definition was
broadened to include the UK and Australia. Accordingly, the regulatory
changes in this rule not only advance the goals of the AUKUS Enhanced
Trilateral Security Partnership, but also further align treatment of
the UK and Australia under the EAR with fellow NTIB member Canada. This
rule makes six primary export control policy changes as well as several
minor conforming changes to further align the treatment of Australia,
Canada, and the UK under the EAR.
The first three changes involve the removal of list-based license
requirements for exports, reexports, and transfers (in-country) to
Australia and the UK. Specifically, BIS is removing license
requirements for national security column 1 (NS1), regional stability
column 1 (RS1), and missile technology column 1 (MT1) reasons for
control for the destinations of Australia and the UK. As Australia and
the UK are not currently subject to NS2 or RS2 controls, with this rule
all Commerce Country Chart-based NS and RS controls are removed for
these countries. As detailed above, the AUKUS partners are among the
closest allies of the United States and have similar export control and
technology protection systems in place, mitigating the risk of misuse
or diversion of license-free exports, reexports, and transfers of NS1,
RS1, and MT1 items to and within these destinations. To facilitate this
change, the Xs are being removed from the Country Chart (supplement no.
1 to part 738) for NS1, RS1, and MT1 for Australia and the UK.
Corresponding to the Commerce Country Chart, provisions in part 742 of
the EAR that specify the license requirements for NS, MT, and RS
reasons (Sec. Sec. 742.4(a), .5(a), and .6(a), respectively) are
revised in order to fully remove the license for Australia and the UK.
With these changes, ``600 series'' items, which are generally items
on the Wassenaar Arrangement Munitions List, will no longer require a
license to Australia or the UK. In addition, items controlled under the
EAR for missile technology reasons consistent with the MTCR Annex will
also no longer require a license to Australia or the UK. Finally,
except for those items requiring a license to all destinations
worldwide pursuant to Sec. 742.6(a)(9), many 9x515 satellite-related
items will no longer require a license to Australia or the UK.
[[Page 28596]]
These changes will significantly reduce the volume of BIS licenses for
exports, reexports, and transfers to and within Australia and the UK,
as BIS previously issued over 1,800 licenses per year for such items to
Australia and the UK.
The fourth policy change is consistent with the general RS1
removal. BIS maintains a special RS Column 1 license requirement in
Sec. 742.6(a)(3) applicable to military commodities described under
ECCN 0A919. Specifically, the special RS1 control required a license
for reexports to all destinations except Canada for items classified
under ECCN 0A919 except when such items are being reexported as part of
a military deployment by a unit of the government of a country in
Country Group A:1 (see supplement no. 1 to part 740 of the EAR) or the
United States. This final rule will remove license requirements for
0A919 items to Australia and the UK, further aligning their treatment
with Canada. As licenses for ECCN 0A919 items will no longer be
required to the two countries under Sec. 744.9(a)(1)(iii), this rule
also removes footnote 3 on the Country Chart from Australia and the UK,
which highlighted that a license was required for these items to those
destinations.
Fifth, BIS is removing military end-use and end-user-based license
requirements for exports, reexports, and transfers (in-country) of
certain cameras, systems, or related components detailed under Sec.
744.9(a)(1)(i) and (a)(1)(iii) of the EAR. Paragraph (a)(1)(i) of Sec.
744.9 pertains to commodities described in ECCN 6A003.a.3, 6A003.a.4,
or 6A003.a.6 that will be or are intended to be used by a `military
end-user,' as defined in Sec. 744.9(d); paragraph (a)(1)(iii) pertains
to commodities described in ECCNs 0A504 (incorporating commodities
controlled by ECCNs 6A002 or 6A003, or commodities controlled by
6A993.a that meet the criterion of Note 3.a to 6A003.b.4), 6A002,
6A003, or 6A993.a (having a maximum frame rate equal to or less than 9
Hz and thus meeting the criteria of Note 3.a to 6A003.b.4), or 8A002.d
that will be or are intended to be incorporated into a ``military
commodity'' controlled by ECCN 0A919. Prior to this rule, the only
exception to the requirements under these paragraphs was to Canada.
With the publication of this rule, the exception now applies to
Australia, Canada, and the UK.
Finally, BIS is revising its treatment of significant items (SI)
(i.e., hot section technology for the development, production or
overhaul of commercial aircraft engines, components, and systems)
controlled under ECCN 9E003.a.1 through a.6, a.8, .h, .i, and .l, and
related controls to allow these items to be exported, reexported, or
transferred (in-country) to or within Australia and the UK without a
license, consistent with the current exception for Canada. This
provision is in Sec. 742.14(a).
In addition to the major policy changes discussed above, the
broader alignment of controls on Australia, Canada, and the UK under
the EAR requires additional minor policy changes. These changes are as
follows:
1. Under Sec. 734.17(c)(1), precautions for internet transfers of
products eligible for export under Sec. 740.17(b)(2) shall include
such measures as an access control system that, either through
automated means or human intervention, checks the address of every
system outside of the U.S. or Canada to check against transfers to
foreign government end users, is edited to include Australia and the UK
within the list of countries exempted from the required measures;
2. Under Sec. Sec. 740.15, 740.16, and 740.17 (License Exceptions
Aircraft, Vessels and Spacecraft (AVS), Additional Permissive Reexports
(APR), and Encryption Commodities, Software, and Technology (ENC),
respectively), BIS is expanding the explicit applicability of these
License Exceptions for use to Australia, Canada, and the UK;
3. Under Sec. 742.2(a)(1), a license was required to all
destinations, including Canada, for CB Column 1 items; with the
publication of this rule the countries exempt from the license
requirement is expanded to include Australia and the UK in the list for
clarity, although the revision does not change existing license
requirements;
4. Under Sec. 742.7(a)(4), Canada remains exempted from certain
crime control related license requirements for non-firearms items, but
the text has been edited to read ``Canada only'' as these items are not
available without a license to Australia and the UK;
5. Under Sec. 742.13(a)(1), Canada is mentioned as requiring a
license for certain communications intercepting devices, with the
publication of this rule, this phrase now includes Australia and the UK
for clarity, although the revision does not change existing license
requirements;
6. Under Sec. 742.18(a)(1), Canada is mentioned as requiring a
license under the Chemical Weapons Convention; with the publication of
this rule, this phrase now includes Australia and the UK for clarity
although the revision does not change existing license requirements;
7. Under Sec. 743.3(b), BIS is exempting Australia and the UK
alongside Canada from unilateral reporting requirements for thermal
imaging camera transactions;
8. Under Sec. Sec. 754.3(a), .4(a), and .5(a), a license is
required for short supply reasons for control for certain items,
including to Canada; these phrases now include Australia and the UK for
clarity without changing existing license requirements;
9. Under Sec. 758.1(b)(3), (6), and (9), BIS requires certain
transactions involving Canada to be reported in Electronic Export
Information (EEI) filings, and these paragraphs now include Australia
and the UK for clarity without changing existing EEI filing
requirements; and
10. Under Sec. 758.11(a), which covers the scope of export
clearance requirements for firearms and related items, BIS now includes
Australia and the UK alongside Canada for clarity as destinations to
which certain clearance requirements continue to pertain.
Among other things, license exception Aircraft, Vessels, and
Spacecraft (AVS) treats exports to Canadian airlines in most
destinations as an export to Canada. Since MT1 items do not require a
license for export to Canada, the primary impact of this AVS
eligibility is that Canadian airlines in most destinations may receive
MT1 items as spare parts. Consistent with the removal in this rule of
MT1 license requirements for the UK and Australia, and as discussed
above, BIS is adding AVS eligibility for Australian and United Kingdom
airlines to receive such items in most destinations. As a conforming
change, BIS is creating two new definitions for what constitutes an
``Australian airline'' and ``United Kingdom (or UK) airline.'' These
two definitions are added to Sec. 772.1 and mirror the definition of
``Canadian airline.'' Both definitions state that an Australian or UK
airline is a citizen of that destination who is authorized by their
respective government to engage in business as an airline. The
definitions then define, for purposes of these defined terms only, what
it means to be a citizen of these countries, including firms
incorporated or otherwise organized in a state or territory for
Australia and a country or territory for the UK. To ensure alignment
across these definitions, BIS is adding the term territory under the
existing definition for a ``Canadian airline,'' which will now include
firms incorporated or otherwise organized in Canadian provinces or
territories.
Furthermore, BIS notes one particular license requirement that will
remain unchanged as a result of this rule. Under
[[Page 28597]]
the EAR, firearms-related items and other CC controlled items in ECCNs
0A501 (except 0A501.y), 0A502, 0A503, 0A504, 0A505. a, .b, and .x,
0A981, 0A982, 0A983, 0D501, 0D505, 0E501, 0E502, 0E504, 0E505, and
0E982 will continue to require a license when destined to and among the
UK and Australia. This license requirement mirrors the license
requirement for firearms-related items in ECCNs 0A501 (except 0A501.y),
0A502, 0A504 (except 0A504.f), and 0A505 (except 0A505.d) destined to
Canada. Prior to this IFR, license requirements for these items to the
UK and Australia were implemented through NS1/RS1 reasons for control.
Since these license requirements are removed for the UK and Australia
in this rule, BIS is adding a footnote to the Commerce Country Chart
for the UK and Australia, which indicates that a license is still
required for these 0x5zz firearms-related items to those two countries.
This does not change the scope of the license requirements for these
items to the UK and Australia that applied prior to the effective date
of this rule.
Request for Public Comments
To ensure that the export control revisions implemented in this
rule advance AUKUS objectives, BIS requests comments on the impacts of
these changes. BIS also requests comments on additional revisions to
the EAR that would further enhance defense industrial base cooperation
and technology innovation with Australia and the United Kingdom. In
particular, BIS is not removing license requirements to Australia and
the UK in this IFR for encryption items (EI) in Sec. 742.15(a)(1) of
the EAR. BIS notes that license exceptions such as encryption
commodities, software, and technology (ENC) and authorized
cybersecurity exports (ACE) are currently available for exports,
reexports, and transfers (in-country) of such items to and within
Australia and the UK, subject to certain conditions. BIS welcomes
comments on the potential impact of removing EI licensing requirements
for Australia and the UK.
Export Control Reform Act of 2018
On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA), 50 U.S.C. 4801-
4852. ECRA, as amended, provides the legal basis for BIS's principal
authorities and serves as the authority under which BIS issues this
rule.
Rulemaking Requirements
1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This final rule has been designated a ``significant
regulatory action'' under Executive Order 12866.
2. Notwithstanding any other provision of law, no person may be
required to respond to, or be subject to a penalty for failure to
comply with, a collection of information, subject to the requirements
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
a collection currently approved by OMB under control number 0694-0088,
Simplified Network Application Processing System. This collection
includes, among other things, license applications and commodity
classification, and carries a burden estimate of 29.4 minutes for a
manual or electronic submission for a total burden estimate of 38,826
hours. BIS expects license application submissions to decrease by
approximately 1,800 applications annually, for a total decrease in
burden estimate under this collection of approximately 882 hours.
3. This rule does not contain policies with federalism implications
as that term is defined under Executive Order 13132.
4. Pursuant to Section 1762 of ECRA (50 U.S.C. 4821), this action
is exempt from the Administrative Procedure Act (APA) (5 U.S.C. 553)
requirements for notice of proposed rulemaking, opportunity for public
participation and delay in effective date. Additionally, this rule is
exempt from the ordinary rulemaking requirements of the APA pursuant to
5 U.S.C. 553(a)(1) as a military or foreign affairs function of the
United States Government.
5. Because neither the APA nor any other law requires that notice
of proposed rulemaking and an opportunity for public comment be given
for this rule, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly,
no Final Regulatory Flexibility Analysis is required and none has been
prepared.
List of Subjects
15 CFR Part 734
Administrative practice and procedure, Exports, Inventions and
patents, Research, Science and technology.
15 CFR Part 738
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 740
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 742
Exports and Terrorism.
15 CFR Part 743
Administrative practice and procedure, Reporting and recordkeeping
requirements.
15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
15 CFR Part 754
Agricultural commodities, Exports, Forests and forest products,
Horses, Petroleum, Reporting and recordkeeping requirements.
15 CFR Part 758
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 772
Exports.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
Accordingly, parts 734, 738, 740, 742, 743, 744, 754, 758, 772, and
774 of the Export Administration Regulations (15 CFR parts 730-774) are
amended as follows:
PART 734--SCOPE OF THE EXPORT ADMINISTRATION REGULATIONS
0
1. The authority citation for 15 CFR part 734 continues to read as
follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp.,
p. 223; Notice of November 8, 2022, 87 FR 68015 (November 10, 2022).
[[Page 28598]]
0
2. Revise Sec. 734.17(c)(1) to read as follows:
Sec. 734.17 Export of encryption source code and object code
software.
(c) * * *
(1) The access control system, either through automated means or
human intervention, checks the address of every system outside of the
U.S., Australia, Canada, or the United Kingdom requesting or receiving
a transfer and verifies such systems do not have a domain name or
internet address of a foreign government end-user (e.g., ``.gov,''
``.gouv,'' ``.mil'' or similar addresses);
* * * * *
PART 738--COMMERCE CONTROL LIST OVERVIEW AND THE COUNTRY CHART
0
3. The authority citation for 15 CFR part 738 continues to read as
follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C.
287c; 22 U.S.C. 2151 note; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004;
42 U.S.C. 2139a; 15 U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et
seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783.
0
4. In supplement no. 1 to part 738, revise the entries for Australia
and the United Kingdom and add footnote 9 as follows:
Supplement No. 1 to Part 738--Commerce Country Chart
* * * * *
Commerce Country Chart
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Chemical & biological Nuclear National Missile Regional Firearms Crime control Anti-
weapons nonproliferation security tech stability convention --------------------- terrorism
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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Australia \9\.............................................. X
* * * * * * *
United Kingdom \9\......................................... X
* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
\9\ A license is required to these destinations for items in the
following ECCNs: 0A501 (except 0A501.y), 0A502, 0A503, 0A504,
0A505.a, .b, and .x, 0D501, 0D505, 0E501, 0E502, 0E504, and 0E505.
PART 740--LICENSE EXCEPTIONS
0
5. The authority citation for 15 CFR part 740 continues to read as
follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783.
0
6. Amend Sec. 740.15 by revising the introductory text and paragraph
(c)(1) introductory text, and revising and republishing paragraph
(c)(2) to read as follows:
Sec. 740.15 Aircraft, vessels and spacecraft (AVS).
This License Exception authorizes departure from the United States
of foreign registry civil aircraft on temporary sojourn in the United
States and of U.S. civil aircraft for temporary sojourn abroad; the
export of equipment and spare parts for permanent use on a vessel or
aircraft; exports to vessels or planes of U.S., Australian, Canadian,
or UK (the United Kingdom) registry and U.S., Australian, Canadian, or
UK Airlines' installations or agents; the export or reexport of cargo
that will transit Cuba on an aircraft or vessel on temporary sojourn;
and the export of spacecraft and components for fundamental research.
Generally, no License Exception symbol is necessary for export
clearance purposes; however, when necessary, the symbol ``AVS'' may be
used.
* * * * *
(c) Shipments to U.S., Australian, Canadian, or UK vessels, planes
and airline installations or agents--(1) Exports to vessels or planes
of U.S., Australian, Canadian, or UK registry. Export may be made of
the commodities set forth in paragraph (c)(3) of this section, for use
by or on a specific vessel or plane of U.S., Australian, Canadian, or
UK registry located at any seaport or airport outside the United
States, Australia, Canada, or the UK except a port in Cuba or Country
Group D:1 (excluding the PRC), (see supplement no. 1 to part 740)
provided that such commodities are all of the following: \3\
* * * * *
(2) Exports to U.S., Australian, Canadian, or UK airline's
installation or agent. Exports of the commodities set forth in
paragraph (c)(3) of this section, except fuel, may be made to a U.S.,
Australian, Canadian, or UK airline's \4\ installation or agent in any
foreign destination except Cuba or Country Group D:1 (excluding the
PRC), (see supplement no. 1 to part 740) provided such commodities are
all of the following:
(i) Ordered by a U.S., Australian, Canadian, or UK airline and
consigned to its own installation or agent abroad;
(ii) Intended for maintenance, repair, or operation of aircraft
registered in either the U.S., Australia, Canada, or UK and necessary
for the aircraft's proper operation, except where such aircraft is
located in, or owned, operated or controlled by, or leased or chartered
to, Cuba or Country Group D:1 (excluding the PRC) (see supplement no. 1
to part 740) or a national of such country;
(iii) In usual and reasonable kinds and quantities; and
(iv) Shipped as cargo for which Electronic Export Information (EEI)
is filed to the Automated Export System (AES) in accordance with the
requirements of the Foreign Trade Regulations (FTR) (15 CFR part 30),
except EEI is not required to be filed when any of these commodities is
exported by U.S. airlines to their own installations and agents abroad
for use in their aircraft operations, see 15 CFR 30.37(o) of the FTR.
* * * * *
\3\ Where a license is required, see Sec. Sec. 748.1, 748.4 and
748.6 of the EAR.
\4\ See part 772 of the EAR for definitions of United States,
Australia, Canadian, and UK airlines.
0
7. Revise Sec. 740.16(d) and (f) to read as follows:
Sec. 740.16 Additional permissive reexports (APR).
* * * * *
(d) Reexports of any item from Australia, Canada, or the United
Kingdom that, at the time of reexport,
[[Page 28599]]
may be exported directly from the United States to the new country of
destination under any License Exception.
* * * * *
(f) Reexports from a foreign destination to Australia, Canada, or
the United Kingdom of any item if the item could be exported to
Australia, Canada, or the United Kingdom without a license.
* * * * *
0
8. Amend Sec. 740.17 by revising paragraphs (e)(1) introductory text,
(e)(1)(i) and (e)(iii)(C) to read as follows:
Sec. 740.17 Encryption commodities, software, and technology (ENC).
* * * * *
(e) Reporting requirements--(1) Semiannual reporting requirement.
Semiannual reporting is required for exports to all destinations other
than Australia, Canada, or the United Kingdom, and for reexports from
Australia, Canada, or the United Kingdom for items described under
paragraphs (b)(2) and (b)(3)(iii) of this section. Certain encryption
items and transactions are excluded from this reporting requirement
(see paragraph (e)(1)(iii) of this section). For information about what
must be included in the report and submission requirements, see
paragraphs (e)(1)(i) and (ii) of this section, respectively.
(i) Information required. Exporters must include, for each item,
the Commodity Classification Automated Tracking System (CCATS) number
and the name of the item(s) exported (or reexported from Australia,
Canada, or the United Kingdom), and the following information in their
reports:
(A) Distributors or resellers. For items exported (or reexported
from Australia, Canada, or the United Kingdom) to a distributor or
other reseller, including subsidiaries of U.S. firms, the name and
address of the distributor or reseller, the item and the quantity
exported or reexported and, if collected by the exporter as part of the
distribution process, the end user's name and address;
(B) Direct sales. For items exported (or reexported from Australia,
Canada, or the United Kingdom) through direct sale, the name and
address of the recipient, the item, and the quantity exported; or
(C) Foreign manufacturers and products that use encryption items.
For exports (i.e., from the United States) or direct transfers (e.g.,
by a ``U.S. subsidiary'' located outside the United States) of
encryption components, source code, general purpose toolkits, equipment
controlled under ECCN 5B002, technology, or items that provide an
``open cryptographic interface,'' to a foreign developer or
manufacturer headquartered in a country not listed in supplement no. 3
to this part when intended for use in foreign products developed for
commercial sale, the names and addresses of the manufacturers using
these encryption items and, if known, when the product is made
available for commercial sale, a non-proprietary technical description
of the foreign products for which these encryption items are being used
(e.g., brochures, other documentation, descriptions or other
identifiers of the final foreign product; the algorithm and key lengths
used; general programming interfaces to the product, if known; any
standards or protocols that the foreign product adheres to; and source
code, if available).
* * * * *
(iii) * * *
(C) Encryption items exported (or reexported from Australia,
Canada, or the United Kingdom) via free and anonymous download;
* * * * *
PART 742--CONTROL POLICY--CCL BASED CONTROLS
0
5. The authority citation for 15 CFR part 742 continues to read as
follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR
59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004
Comp., p. 320; Notice of November 8, 2022, 87 FR 68015 (November 10,
2022).
0
6. Amend Sec. 742.2 by revising paragraph (a)(1) introductory text to
read as follows:
Sec. 742.2 Proliferation of chemical and biological weapons.
(a) * * *
(1) If CB Column 1 of the Country Chart (supplement no. 1 to part
738 of the EAR) is indicated in the appropriate ECCN, a license is
required to all destinations, including Australia, Canada, and the
United Kingdom, for the following:
* * * * *
0
6. Revise Sec. 742.4(a)(1) to read as follows:
Sec. 742.4 National security.
(a) * * *
(1) National Security column 1 (NS:1). A license is required for
exports and reexports to all destinations, except Australia, Canada, or
the United Kingdom, for all items in ECCNs on the CCL that include NS
Column 1 in the Country Chart column of the ``License Requirements''
section.
* * * * *
0
7. Revise Sec. 742.5(a)(1) to read as follows:
Sec. 742.5 Missile technology.
(a) * * *
(1) In support of U.S. foreign policy to limit the proliferation of
missiles, a license is required to export and reexport items related to
the design, development, production, or use of missiles. These items
are identified in ECCNs on the CCL as MT Column No. 1 in the Country
Chart column of the ``License Requirements'' section. Licenses for
these items are required to all destinations, except Australia, Canada,
or the United Kingdom, as indicated by MT Column 1 of the Country Chart
(see supplement no. 1 to part 738 of the EAR).
* * * * *
0
8. Amend Sec. 742.6 by revising paragraphs (a)(1), (a)(2)(i), (ii),
(iv), (3), and (9) to read as follows:
Sec. 742.6 Regional stability.
(a) * * *
(1) RS Column 1 license requirements in general. A license is
required for exports and reexports to all destinations, except
Australia, Canada, or the United Kingdom, for all items in ECCNs on the
CCL that include RS Column 1 in the Country Chart column of the
``License Requirements'' section. Transactions described in paragraph
(a)(2), (3), or (9) of this section are subject to the RS Column 1
license requirements set forth in those paragraphs rather than the
license requirements set forth in this paragraph (a)(1).
(2) * * *
(i) As indicated in the CCL and in RS Column 1 of the Commerce
Country Chart, cameras described in 6A003.b.4.b require a license to
all destinations other than Australia, Canada, or the United Kingdom if
such cameras have a frame rate greater than 60 Hz.
(ii) Except as noted in paragraph (a)(2)(iii) of this section, as
indicated in the CCL and in RS Column 1 of the Commerce Country Chart,
cameras described in 6A003.b.4.b require a license to all destinations
other than Australia, Canada, or the United
[[Page 28600]]
Kingdom if such cameras incorporate a focal plane array with more than
111,000 elements and a frame rate of 60 Hz or less, or cameras
described in 6A003.b.4.b that are being exported or reexported to be
embedded in a civil product.
* * * * *
(iv) Except as noted in paragraph (a)(2)(v) of this section, as
indicated in the CCL and in RS Column 1 of the Commerce Country Chart,
cameras described in 6A003 b.4.b require a license to all destinations
other than Australia, Canada, or the United Kingdom if such cameras
incorporate a focal plane array with 111,000 elements or less and a
frame rate of 60 Hz or less and are being exported or reexported to be
embedded in a civil product.
* * * * *
(3) Special RS Column 1 license requirement applicable to military
commodities. A license is required for reexports to all destinations
except Australia, Canada, or the United Kingdom for items classified
under ECCN 0A919 except when such items are being reexported as part of
a military deployment by a unit of the government of a country in
Country Group A:1 (see supplement no. 1 to part 740 of the EAR) or the
United States.
* * * * *
(9) Special RS Column 1 license requirement applicable to certain
spacecraft and related items. A license is required for all
destinations, including Australia, Canada, and the United Kingdom, for
spacecraft and related items classified under ECCN 9A515.a.1, .a.2.,
.a.3., .a.4., .g, and ECCN 9E515.f.
* * * * *
0
9. Amend Sec. 742.7 by revising paragraphs (a)(4) through (6) to read
as follows:
Sec. 742.7 Crime control and detection.
(a) * * *
(4) Certain crime control items require a license to all
destinations, except Canada only. These items are identified under
ECCNs 0A982, 0A503, and 0E982. Controls for these items appear in each
ECCN; a column specific to these controls does not appear in the
Country Chart (supplement no. 1 to part 738 of the EAR).
(5) Items designed for the execution of human beings as identified
in ECCN 0A981 require a license to all destinations including
Australia, Canada, and the United Kingdom.
(6) See Sec. 742.11 of the EAR for further information on items
controlled under ECCN 0A983, which require a license to all
destinations, including Australia, Canada, and the United Kingdom.
* * * * *
0
10. Revise Sec. 742.11(a) to read as follows:
Sec. 742.11 Specially designed implements of torture, including
thumbscrews, thumbcuffs, fingercuffs, spiked batons, and parts and
accessories, n.e.s.
(a) License Requirements. In support of U.S. foreign policy to
promote the observance of human rights throughout the world, a license
is required to export any commodity controlled by ECCN 0A983 to all
destinations including Australia, Canada, and the United Kingdom.
* * * * *
0
11. Revise Sec. 742.13(a)(1) to read as follows:
Sec. 742.13 Communications intercepting devices; software and
technology for communications intercepting devices.
(a) * * *
(1) In support of U.S. foreign policy to prohibit the export of
items that may be used for the surreptitious interception of wire,
oral, or electronic communications, a license is required for all
destinations, including Australia, Canada, and the United Kingdom, for
ECCNs having an ``SL'' under the ``Reason for Control'' paragraph.
These items include any electronic, mechanical, or other device
primarily useful for the surreptitious interception of wire, oral, or
electronic communications (ECCNs 5A001.f.1 and 5A980); and for related
``software'' primarily useful for the surreptitious interception of
wire, oral, or electronic communications (ECCN 5D001.c and 5D980.a);
and ``software'' primarily useful for the ``development'',
``production'', or ``use'' of devices controlled under ECCNs 5A001.f.1
and 5A980 (ECCNs 5D001.a and 5D980.b); and for ``technology'' primarily
useful for the ``development'', ``production'', or ``use'' of items
controlled by ECCNs 5A001.f.1, 5D001.a (for 5A001.f.1), 5A980 and 5D980
(ECCNs 5E001.a and 5E980); and for ``software'' primarily useful to
support such ECCN 5E001.a ``development'', ``production'', or ``use''
``technology'' for 5A001.f.1 equipment and certain 5D001.a ``software''
(ECCN 5D001.b). These licensing requirements do not supersede the
requirements contained in the Omnibus Crime Control and Safe Streets
Act of 1968, as amended (18 U.S.C. 2512). This license requirement is
not reflected on the Commerce Country Chart (supplement no. 1 to part
738 of the EAR).
* * * * *
0
12. Revise Sec. 742.14(a) to read as follows:
Sec. 742.14 Significant items: hot section technology for the
development, production or overhaul of commercial aircraft engines,
components, and systems.
(a) License requirement. Licenses are required for all
destinations, except Australia, Canada, and the United Kingdom, for
ECCNs having an ``SI'' under the ``Reason for Control'' paragraph.
These items include hot section technology for the development,
production or overhaul of commercial aircraft engines controlled under
ECCN 9E003.a.1 through a.6, a.8, .h, .i, and .l, and related controls.
* * * * *
0
14. Revise Sec. 742.18(a)(1) to read as follows:
Sec. 742.18 Chemical Weapons Convention (CWC or Convention).
* * * * *
(a) * * *
(1) Schedule 1 chemicals and mixtures controlled under ECCN 1C351.
A license is required for CW reasons to export or reexport Schedule 1
chemicals controlled under ECCN 1C351.d.14 or .d.15 to all destinations
including Australia, Canada, and the United Kingdom. CW applies to
1C351.d.14 for ricin in the form of Ricinus Communis AgglutininII
(RCA<INF>II</INF>), which is also known as ricin D or Ricinus Communis
LectinIII (RCL<INF>III</INF>), and Ricinus Communis LectinIV
(RCL<INF>IV</INF>), which is also known as ricin E. CW applies to
1C351.d.15 for saxitoxin identified by C.A.S. #35523-89-8. (Note that
the advance notification procedures and annual reporting requirements
described in Sec. 745.1 of the EAR also apply to exports of Schedule 1
chemicals.)
* * * * *
PART 743--SPECIAL REPORTING AND NOTIFICATION
0
15. The authority citation for 15 CFR part 743 continues to read as
follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp., p. 223; 78 FR 16129
(January 23, 2020).
0
16. Revise Sec. 743.3(b) to read as follows:
Sec. 743.3 Thermal imaging camera reporting.
* * * * *
(b) Transactions to be reported. Exports that are not authorized by
an individually validated license of more than 100 thermal imaging
cameras in a
[[Page 28601]]
monocular, biocular, or binocular configuration controlled by ECCN
6A003.b.4.b to a destination in Country Group A:1 (see supplement no. 1
to part 740 of the EAR), except Australia, Canada, or the United
Kingdom, must be reported to BIS.
* * * * *
PART 744--CONTROL POLICY: END-USER AND END-USE BASED
0
17. The authority citation for 15 CFR part 744 continues to read as
follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of September 19, 2022, 87 FR 57569 (September 21, 202); Notice of
November 8, 2022, 87 FR 68015, 3 CFR, 2022 Comp., p. 563; Notice of
September 7, 2023, 88 FR 62439 (September 11, 2023).
0
18. Revise Sec. 744.9(a)(1)(i) and (iii) to read as follows:
Sec. 744.9 Restrictions on exports, reexports, and transfers (in-
country) of certain cameras, systems, or related components.
(a) * * *
(1) * * *
(i) Commodities controlled by ECCN 6A003.a.3, 6A003.a.4, or
6A003.a.6 will be or are intended to be used by a `military end-user,'
as defined in paragraph (d) of this section in all destinations except
Australia, Canada, or the United Kingdom.
* * * * *
(iii) Commodities described in ECCNs 0A504 (incorporating
commodities controlled by ECCNs 6A002 or 6A003, or commodities
controlled by 6A993.a that meet the criterion of Note 3.a to
6A003.b.4), 6A002, 6A003, or 6A993.a (having a maximum frame rate equal
to or less than 9 Hz and thus meeting the criteria of Note 3.a to
6A003.b.4), or 8A002.d will be or are intended to be incorporated into
a ``military commodity'' controlled by ECCN 0A919 in all destinations
except Australia, Canada, or the United Kingdom.
* * * * *
PART 754--SHORT SUPPLY CONTROLS
0
19. The authority citation for 15 CFR part 754 is revised to read as
follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 15 U.S.C.
1824; E.O. 11912, 41 FR 15825, 3 CFR, 1976 Comp., p. 114; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783.
0
20. Revise Sec. 754.3(a) to read as follows:
Sec. 754.3 Petroleum products not including crude oil.
(a) License requirement. As indicated by the letters ``SS'' in the
``Reason for Control'' paragraph in the ``License Requirements''
section of ECCNs 1C980, 1C982, 1C983, and 1C984 on the CCL (supplement
no. 1 to part 774 of the EAR), a license is required to all
destinations, including Australia, Canada, and the United Kingdom, for
the export of petroleum products, excluding crude oil, listed in
supplement no. 1 to this part, that were produced or derived from the
Naval Petroleum Reserves (NPR) or became available for export as a
result of an exchange of any NPR produced or derived commodities.
* * * * *
0
21. Revise Sec. 754.4(a) to read as follows:
Sec. 754.4 Unprocessed western red cedar.
(a) License requirement. As indicated by the letters ``SS'' in the
``Reason for Control'' paragraph in the ``License Requirements''
section of ECCN 1C988 on the CCL (supplement no. 1 to part 774 of the
EAR), a license is required to all destinations, including Australia,
Canada, and the United Kingdom, for the export of unprocessed western
red cedar covered by ECCN 1C988 (Western red cedar (thuja plicata) logs
and timber, and rough, dressed and worked lumber containing wane). For
a non-exhaustive list of 10-digit Harmonized System-based Schedule B
commodity numbers that may apply to unprocessed western red cedar
products subject to the license requirements of this section, see
supplement no. 2 to part 754 of the EAR. See paragraph (c) of this
section for license exceptions for timber harvested from public lands
in the State of Alaska, private lands, or Indian lands, and see
paragraph (d) of this section for relevant definitions.
* * * * *
0
22. Revise Sec. 754.5(a) to read as follows:
Sec. 754.5 Horses for export by sea.
(a) License requirement. As indicated by the letters ``SS'' in the
``Reason for Control'' paragraph of the ``License Requirements''
section of ECCN 0A980 on the CCL (supplement no. 1 to part 774 of the
EAR) a license is required for the export of horses exported by sea to
all destinations, including Australia, Canada, and the United Kingdom.
* * * * *
PART 758--EXPORT CLEARANCE REQUIREMENTS AND AUTHORITIES
0
23. The authority citation for 15 CFR part 758 continues to read as
follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783.
0
24. Amend Sec. 758.1 by revising paragraphs (b)(3), (6), and (9) to
read as follows:
Sec. 758.1 The Electronic Export Information (EEI) filing to the
Automated Export System (AES).
* * * * *
(b) * * *
(3) For all exports of 9x515 or ``600 series'' items enumerated or
otherwise described in paragraphs .a through .x of a 9x515 or ``600
series'' ECCN regardless of value or destination, including exports to
Australia, Canada, and the United Kingdom;
* * * * *
(6) For all exports of items subject to the EAR that will be
transshipped through Australia, Canada, or the United Kingdom to a
third destination, where the export would require EEI or license if
shipped directly to the final destination from the United States (see
15 CFR 30.36(b)(2) of the FTR);
* * * * *
(9) For all exports, except for exports authorized under License
Exception BAG, as set forth in Sec. 740.14 of the EAR, of items
controlled under ECCNs 0A501.a or .b, shotguns with a barrel length
less than 18 inches controlled under ECCN 0A502, or ammunition
controlled under ECCN 0A505 except for .c, regardless of value or
destination, including exports to Australia, Canada, and the United
Kingdom. * * *
* * * * *
0
25. Revise Sec. 758.11(a) to read as follows:
Sec. 758.11 Export clearance requirements for firearms and related
items.
(a) Scope. The export clearance requirements of this section apply
to all exports of commodities controlled under ECCNs 0A501.a or .b,
shotguns with a barrel length less than 18 inches controlled under ECCN
0A502, or ammunition controlled under ECCN 0A505 except for .c,
regardless of value or destination, including exports to Australia,
Canada, and the United Kingdom, that are authorized under
[[Page 28602]]
License Exception BAG, as set forth in Sec. 740.14 of the EAR.
* * * * *
PART 772--DEFINITIONS OF TERMS
0
26. The authority citation for 15 CFR part 772 continues to read as
follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783.
0
25. Revise Sec. 772.1 by:
0
a. Adding the definitions of ``Australian airline'';
0
b. Revising the definition for ``Canadian airline''; and
0
c. Adding and ``United Kingdom (or UK) airline''.
The additions and revisions read as follows:
Sec. 772.1 Definitions of terms as used in the Export Administration
Regulations (EAR).
* * * * *
Australian airline. Any citizen of Australia who is authorized by
the Australian Government to engage in business as an airline. For
purposes of this definition, an Australian citizen is:
(1) A natural person who is a citizen of Australia; or
(2) A partnership of which each member is such an individual; or
(3) An Australian firm incorporated or otherwise organized under
the laws of Australia or any Australian state or territory, having a
total foreign stock interest not greater than 40 percent, and having
the Chairman or Acting Chairman and at least two-thirds of the
Directors thereof Australian citizens.
* * * * *
Canadian airline. Any citizen of Canada who is authorized by the
Canadian Government to engage in business as an airline. For purposes
of this definition, a Canadian citizen is:
(1) A natural person who is a citizen of Canada; or
(2) A partnership of which each member is such an individual; or
(3) A Canadian firm incorporated or otherwise organized under the
laws of Canada or any Canadian province or territory, having a total
foreign stock interest not greater than 40 percent, and having the
Chairman or Acting Chairman and at least two-thirds of the Directors
thereof Canadian citizens.
* * * * *
United Kingdom (or UK) airline. Any citizen of the United Kingdom
who is authorized by the Government of the United Kingdom to engage in
business as an airline. For purposes of this definition, a United
Kingdom citizen is:
(1) A natural person who is a citizen of the United Kingdom; or
(2) A partnership of which each member is such an individual; or
(3) A United Kingdom firm incorporated or otherwise organized under
the laws of the United Kingdom or any country or territory that
comprises the United Kingdom, having a total foreign stock interest not
greater than 40 percent, and having the Chairman or Acting Chairman and
at least two-thirds of the Directors thereof United Kingdom citizens.
* * * * *
PART 774--THE COMMERCE CONTROL LIST
0
27. The authority citation for 15 CFR part 774 continues to read as
follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C.
287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15
U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783.
0
28. Revise ECCN 1C351 in supplement no. 1 to part 774 to read as
follows:
Supplement No. 1 to Part 774--The Commerce Control List
* * * * *
1C351 Human and animal pathogens and ``toxins,'' as follows (see
List of Items Controlled).
License Requirements
Reason for Control: CB, CW, AT
Country chart (see Supp.
Control(s) No. 1 to part 738)
CB applies to items controlled by CB Column 1.
1C351.d.14 and .15.
CB applies to entire entry................ CB Column 2.
CW applies to 1C351.d.14 and .d.15 and a license is required for
CW reasons for all destinations, including Australia, Canada, and
the United Kingdom, as follows: CW applies to 1C351.d.14 for ricin
in the form of (1) Ricinus communis AgglutininII (RCA<INF>II</INF>),
also known as ricin D or Ricinus Communis LectinIII
(RCL<INF>III</INF>) and (2) Ricinus communis LectinIV
(RCL<INF>IV</INF>), also known as ricin E. CW applies to 1C351.d.15
for saxitoxin identified by C.A.S. #35523-89-8. See Sec. 742.18 of
the EAR for licensing information pertaining to chemicals subject to
restriction pursuant to the Chemical Weapons Convention (CWC). The
Commerce Country Chart is not designed to determine licensing
requirements for items controlled for CW reasons.
Country chart (see Supp.
Control(s) No. 1 to part 738)
AT applies to entire entry................ AT Column 1.
License Requirement Notes:
1. All vaccines and 'immunotoxins' are excluded from the scope
of this entry. Certain medical products and diagnostic and food
testing kits that contain biological toxins controlled under
1C351.d, with the exception of toxins controlled for CW reasons
under 1C351.d.14 or .d.15, are excluded from the scope of this
entry. Vaccines, 'immunotoxins', certain medical products, and
diagnostic and food testing kits excluded from the scope of this
entry are controlled under ECCN 1C991.
2. For the purposes of this entry, only saxitoxin is controlled
under 1C351.d.15; other members of the paralytic shellfish poison
family (e.g., neosaxitoxin) are designated EAR99.
3. Clostridium perfringens strains, other than the epsilon
toxin-producing strains of Clostridium perfringens described in
1C351.c.12, are excluded from the scope of this entry, since they
may be used as positive control cultures for food testing and
quality control.
4. Unless specified elsewhere in this ECCN 1C351 (e.g., in
License Requirement Notes 1-3), this ECCN controls all biological
agents and ``toxins,'' regardless of quantity or attenuation, that
are identified in the List of Items Controlled for this ECCN,
including small quantities or attenuated strains of select
biological agents or ``toxins'' that are excluded from the lists of
select biological agents or ``toxins'' by the Animal and Plant
Health Inspection Service (APHIS), U.S. Department of Agriculture
(USDA), or the Centers for Disease Control and Prevention (CDC),
U.S. Department of Health and Human Services (HHS), in accordance
with their regulations in 9 CFR part 121 and 42 CFR part 73,
respectively.
5. Biological agents and pathogens are controlled under this
ECCN 1C351 when they are an isolated live culture of a pathogen
agent, or a preparation of a toxin agent that has been isolated or
extracted from any source or material, including living material
that has been deliberately inoculated or contaminated with the
agent. Isolated live cultures of a pathogen agent include live
cultures in dormant form or in dried preparations, whether the agent
is natural, enhanced or modified.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: N/A
GBS: N/A
List of Items Controlled
Related Controls: (1) Certain forms of ricin and saxitoxin in
1C351.d.14 and .d.15 are CWC Schedule 1 chemicals (see Sec. 742.18
of the EAR). The U.S. Government must provide advance notification
and annual reports to the OPCW of all exports of Schedule 1
chemicals. See Sec. 745.1 of the EAR for notification procedures.
See 22 CFR part 121, Category XIV and Sec. 121.7 for
[[Page 28603]]
CWC Schedule 1 chemicals that are ``subject to the ITAR.'' (2) The
Animal and Plant Health Inspection Service (APHIS), U.S. Department
of Agriculture, and the Centers for Disease Control and Prevention
(CDC), U.S. Department of Health and Human Services, maintain
controls on the possession, use, and transfer within the United
States of certain items controlled by this ECCN (for APHIS, see 7
CFR 331.3(b), 9 CFR 121.3(b), and 9 CFR 121.4(b); for CDC, see 42
CFR 73.3(b) and 42 CFR 73.4(b)). (3) See 22 CFR part 121, Category
XIV(b), for modified biological agents and biologically derived
substances that are ``subject to the ITAR.''
Related Definitions: For the purposes of this entry, 'immunotoxins'
are monoclonal antibodies linked to a toxin with the intention of
destroying a specific target cell while leaving adjacent cells
intact.
Items:
a. Viruses identified on the Australia Group (AG) ``List of
Human and Animal Pathogens and Toxins for Export Control,'' as
follows:
a.1. African horse sickness virus;
a.2. African swine fever virus;
a.3. Andes virus;
a.4. Avian influenza (AI) viruses identified as having high
pathogenicity (HP), as follows:
a.4.a. AI viruses that have an intravenous pathogenicity index
(IVPI) in 6-week-old chickens greater than 1.2; or
a.4.b. AI viruses that cause at least 75% mortality in 4- to 8-
week-old chickens infected intravenously.
Note: Avian influenza (AI) viruses of the H5 or H7 subtype that
do not have either of the characteristics described in 1C351.a.4
(specifically, 1C351.a.4.a or .a.4.b) should be sequenced to
determine whether multiple basic amino acids are present at the
cleavage site of the haemagglutinin molecule (HA0). If the amino
acid motif is similar to that observed for other HPAI isolates, then
the isolate being tested should be considered as HPAI and the virus
is controlled under 1C351.a.4.
a.5. Bluetongue virus;
a.6. Chapare virus;
a.7. Chikungunya virus;
a.8. Choclo virus;
a.9. Classical swine fever virus (Hog cholera virus);
a.10. Crimean-Congo hemorrhagic fever virus;
a.11. Dobrava-Belgrade virus;
a.12. Eastern equine encephalitis virus;
a.13. Ebolavirus (includes all members of the Ebolavirus genus);
a.14. Foot-and-mouth disease virus;
a.15. Goatpox virus;
a.16. Guanarito virus;
a.17. Hantaan virus;
a.18. Hendra virus (Equine morbillivirus);
a.19. Japanese encephalitis virus;
a.20. Junin virus;
a.21. Kyasanur Forest disease virus;
a.22. Laguna Negra virus;
a.23. Lassa virus;
a.24. Louping ill virus;
a.25. Lujo virus;
a.26. Lumpy skin disease virus;
a.27. Lymphocytic choriomeningitis virus;
a.28. Machupo virus;
a.29. Marburgvirus (includes all members of the Marburgvirus
genus);
a.30. Middle East respiratory syndrome-related coronavirus
(MERS-related coronavirus);
a.31. Monkeypox virus;
a.32. Murray Valley encephalitis virus;
a.33. Newcastle disease virus;
a.34. Nipah virus;
a.35. Omsk hemorrhagic fever virus;
a.36. Oropouche virus;
a.37. Peste-des-petits ruminants virus;
a.38. Porcine Teschovirus;
a.39. Powassan virus;
a.40. Rabies virus and all other members of the Lyssavirus
genus;
a.41. Reconstructed 1918 influenza virus;
Technical Note: 1C351.a.41 includes reconstructed replication
competent forms of the 1918 pandemic influenza virus containing any
portion of the coding regions of all eight gene segments.
a.42. Rift Valley fever virus;
a.43. Rinderpest virus;
a.44. Rocio virus;
a.45. Sabia virus;
a.46. Seoul virus;
a.47. Severe acute respiratory syndrome-related coronavirus
(SARS-related coronavirus);
a.48. Sheeppox virus;
a.49. Sin Nombre virus;
a.50. St. Louis encephalitis virus;
a.51. Suid herpesvirus 1 (Pseudorabies virus; Aujeszky's
disease);
a.52. Swine vesicular disease virus;
a.53. Tick-borne encephalitis virus (Far Eastern subtype,
formerly known as Russian Spring-Summer encephalitis virus--see
1C351.b.3 for Siberian subtype);
a.54. Variola virus;
a.55. Venezuelan equine encephalitis virus;
a.56. Vesicular stomatitis virus;
a.57. Western equine encephalitis virus; or
a.58. Yellow fever virus.
b. Viruses identified on the APHIS/CDC ``select agents'' lists
(see Related Controls paragraph #2 for this ECCN), but not
identified on the Australia Group (AG) ``List of Human and Animal
Pathogens and Toxins for Export Control,'' as follows:
b.1. [Reserved];
b.2. [Reserved]; or
b.3. Tick-borne encephalitis virus (Siberian subtype, formerly
West Siberian virus--see 1C351.a.53 for Far Eastern subtype).
c. Bacteria identified on the Australia Group (AG) ``List of
Human and Animal Pathogens and Toxins for Export Control,'' as
follows:
c.1. Bacillus anthracis;
c.2. Brucella abortus;
c.3. Brucella melitensis;
c.4. Brucella suis;
c.5. Burkholderia mallei (Pseudomonas mallei);
c.6. Burkholderia pseudomallei (Pseudomonas pseudomallei);
c.7. Chlamydia psittaci (Chlamydophila psittaci);
c.8. Clostriduim argentinense (formerly known as Clostridium
botulinum Type G), botulinum neurotoxin producing strains;
c.9. Clostridium baratii, botulinum neurotoxin producing
strains;
c.10. Clostridium botulinum;
c.11. Clostridium butyricum, botulinum neurotoxin producing
strains;
c.12. Clostridium perfringens, epsilon toxin producing types;
c.13. Coxiella burnetii;
c.14. Francisella tularensis;
c.15. Mycoplasma capricolum subspecies capripneumoniae (``strain
F38'');
c.16. Mycoplasma mycoides subspecies mycoides SC (small colony)
(a.k.a. contagious bovine pleuropneumonia);
c.17. Rickettsia prowazekii;
c.18. Salmonella enterica subspecies enterica serovar Typhi
(Salmonella typhi);
c.19. Shiga toxin producing Escherichia coli (STEC) of
serogroups O26, O45, O103, O104, O111, O121, O145, O157, and other
shiga toxin producing serogroups;
Note: Shiga toxin producing Escherichia coli (STEC) includes,
inter alia, enterohaemorrhagic E. coli (EHEC), verotoxin producing
E. coli (VTEC) or verocytotoxin producing E. coli (VTEC).
c.20. Shigella dysenteriae;
c.21. Vibrio cholerae; or
c.22. Yersinia pestis.
d. ``Toxins'' identified on the Australia Group (AG) ``List of
Human and Animal Pathogens and Toxins for Export Control,'' as
follows, or their subunits:
d.1. Abrin;
d.2. Aflatoxins;
d.3. Botulinum toxins;
d.4. Brevetoxins;
d.5. Clostridium perfringens alpha, beta 1, beta 2, epsilon and
iota toxins;
d.6. Conotoxins;
d.7. Diacetoxyscirpenol;
d.8. Gonyautoxins;
d.9. HT-2 toxin;
d.10. Microcystins (Cyanginosins);
d.11. Modeccin;
d.12. Nodularins;
d.13. Palytoxin;
d.14. Ricin;
d.15. Saxitoxin;
d.16. Shiga toxins (shiga-like toxins, verotoxins, and
verocytotoxins);
d.17. Staphylococcus aureus enterotoxins, hemolysin alpha toxin,
and toxic shock syndrome toxin (formerly known as Staphylococcus
enterotoxin F);
d.18. T-2 toxin;
d.19. Tetrodotoxin;
d.20. Viscumin (Viscum album lectin 1); or
d.21. Volkensin.
e. ``Fungi'', as follows:
e.1. Coccidioides immitis; or
e.2. Coccidioides posadasii.
* * * * *
Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2024-08446 Filed 4-18-24; 8:45 am]
BILLING CODE 3510-33-P
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