[Federal Register: April 29, 2004 (Volume 69, Number 83)]
[Rules and Regulations]
[Page 23625-23639]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ap04-9]
[[Page 23625]]
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Part V
Department of Commerce
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Bureau of Industry and Security
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15 CFR Parts 732, 736, et al.
Revision of Export and Reexport Restrictions on Libya; Interim Rule
[[Page 23626]]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 732, 736, 740, 742, 744, 746, 762, and 772
[Docket No. 040422128-4128-01]
RIN 0694--AD14
Revision of Export and Reexport Restrictions on Libya
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Interim rule with request for comments.
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SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) to implement the
President's April 23, 2004, decision to revise United States sanctions
against Libya. This rule also implements the transfer to the Department
of Commerce from the Department of Treasury of the licensing
jurisdiction for exports to Libya of items subject to the EAR.
DATES: This rule is effective April 29, 2004. Comments must be received
on or before June 1, 2004.
ADDRESSES: Written comments should be sent to Sheila Quarterman,
Regulatory Policy Division, Bureau of Industry and Security, Department
of Commerce, P.O. Box 273, Washington, DC 20044, or to e-mail:
squarter@bis.doc.gov.
FOR FURTHER INFORMATION CONTACT: Joan Roberts, Director, Foreign Policy
Controls Division, Office of Nonproliferation and Treaty Compliance,
Bureau of Industry and Security, Department of Commerce, P.O. Box 273,
Washington, DC 20044; Telephone: (202) 482-4252, or e-mail:
jroberts@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
On April 23, 2004, in response to Libya's continued effort to
completely dismantle its weapons of mass destruction and missile
programs, and adhere to its renunciation of terrorism, the President
announced the termination of the application of the Iran and Libya
Sanctions Act with respect to Libya. Also, the Treasury Department
modified sanctions imposed on U.S. firms and individuals under the
authority of the International Emergency Economic Powers Act to allow
the resumption of most commercial activities, financial transactions,
and investments. This rule sets forth the new export control policy for
exports (and reexports) to Libya under the licensing responsibility of
the Department of Commerce, Bureau of Industry and Security (BIS).
Previous Licensing Regime
Since January 1986, in response to Libya's repeated use and support
of terrorism against the United States, other countries, and innocent
persons, the U.S. has maintained economic sanctions against Libya
through the Libyan Sanctions Regulations (31 CFR Part 550) and the
Export Administration Regulations (15 CFR Part 730 et seq.). The
Department of the Treasury and the Department of Commerce shared
licensing responsibility for proposed U.S. exports and reexports to
Libya. The Department of the Treasury's Office of Foreign Assets
Control (OFAC) had licensing jurisdiction for exports to Libya,
including transshipments via third countries. Authorization granted by
OFAC constituted authorization under the EAR. BIS had licensing
jurisdiction for reexports of U.S.-origin items to Libya.
Overview: New Licensing Policy for Exports and Reexports to Libya
License Requirements for Exports and Reexports to Libya
Under the new policy established by this Rule, BIS will require a
license for the export or reexport of most items on the Commerce
Control List (CCL) to Libya. This requirement applies to the export or
reexport of all items under the jurisdiction of the Department of
Commerce that are on the multilateral export control regime lists: the
Wassenaar Arrangement (reason for control: National Security--NS), the
Nuclear Suppliers' Group (reason for control: Nuclear
Nonproliferation--NP), the Australia Group (reasons for control:
Chemical and Biological Weapons--CB) and the Missile Technology Control
Regime (reason for control: Missile Technology--MT).
A license requirement also applies to items unilaterally controlled
for crime control (CC) or regional stability (RS) reasons.
In addition, a license requirement applies to most U.S.-origin
items unilaterally controlled for anti-terrorism (AT) reasons, as set
forth specifically in new Sec. 742.20 of the EAR.
The license requirements described above are reflected in the
relevant columns of the Country Chart in Supplement No. 1 to part 738
of the EAR. BIS also will require a license for certain categories of
items that are controlled for reasons not included on the Country
Chart: encryption (EI), short supply (SS), Chemical Weapons (CW),
Computers (XP), and Significant Items (SI).
Items subject to the EAR but not specifically listed on the CCL--
referred to as EAR99 items--do not require an export or reexport
license to Libya. This rule, however, does not relieve exporters and
others of their responsibility to comply with obligations under the
end-user and end-use controls maintained under the Enhanced
Proliferation Control Initiative (EPCI), as set forth in Part 744 of
the EAR.
Licensing Policy
As set forth in new Sec. 742.20 of the EAR, a general policy of
denial will apply to applications for exports or reexports of the
following items to Libya: items controlled for chemical and biological
weapons proliferation reasons; military-related items controlled for
national security reasons; items that are controlled for missile
proliferation reasons; cryptographic, cryptoanalytic, and cryptologic
items controlled for national security reasons; explosives detection
equipment controlled under Export Control Classification Number (ECCN)
2A983; ``Software'' (ECCN 2D983) specially designed or modified for the
``development'', ``production'' or ``use'' of explosives detection
equipment controlled by 2A983; ``Technology'' (ECCN 2E983) specially
designed or modified for the ``development'', ``production'' or ``use''
of explosives detection equipment controlled by 2A983; commercial
charges and devices controlled under ECCN 1C992; ammonium nitrate,
including certain fertilizers containing ammonium nitrate, controlled
under ECCN 1C997; and technology for the production of Chemical Weapons
Convention (CWC) Schedule 2 and 3 chemicals controlled under ECCN
1E355. All aircraft (powered and unpowered), helicopters, engines, and
related spare parts and components will generally be denied, except
that parts and components intended to ensure the safety of civil
aviation and the safe operation of commercial passenger aircraft will
be reviewed on a case-by-case basis, with a presumption of approval.
Also, BIS will generally deny all applications for export and
reexport to Libya of items controlled for AT (Column 1) reasons, and
not described above, if such items are destined to military, police or
intelligence end-users in Libya.
BIS will review, on a case-by-case basis, all other applications
for exports or reexports to Libya under the
[[Page 23627]]
applicable licensing policy described in Part 742 of the EAR.
License Exceptions
Libya is presently listed in Country Groups D:2, D:3, D:4, E:1 and
E:2, found in Supplement 1 to Part 740. This rule removes Libya from
Country Group E:2. As a result, the following License Exceptions may be
available, in whole or in part: TMP, RPL, GOV, GFT, TSU, BAG, and AVS.
A specific transaction is eligible for a license exception only if it
satisfies all of the terms and conditions of the relevant license
exception and is not excluded by any of the restrictions that apply to
all license exceptions, as set forth in the EAR (including,
specifically, Sec. 740.2 Restrictions on all License Exceptions).
Transition for Licenses Granted by OFAC
To facilitate a smooth transition of licensing responsibility from
OFAC to BIS, this rule extends the validity of licenses issued by OFAC
for exports to Libya. OFAC licenses in effect as of April 29, 2004, are
hereby continued in accordance with their terms, except as modified by
this Rule or by BIS, as if issued by the Department of Commerce. For
those licenses with specified expiration dates, such dates will
continue to apply. Licenses without specified expiration dates will be
valid through May 1, 2005. Items licensed by OFAC and subsequently
returned from Libya to the United States do not require further
authorization from BIS. However, persons returning items that were
previously exported to Libya under a specific license granted by OFAC
to the United States are subject to a recordkeeping requirement set
forth in Part 762 of the EAR.
In addition, items exported or reexported to Libya under a specific
OFAC license may not be transferred within Libya to a new end-user
without further authorization from BIS. Reexports of items to countries
other than the United States from Libya including those previously
authorized under OFAC licenses must conform with the relevant
provisions of the EAR for the country to which the items are being
reexported. In certain circumstances, such reexports may be eligible
for a License Exception or may not require a license. Such reexports
will also be subject to a recordkeeping requirement.
Although the Export Administration Act of 1979 (EAA), as amended,
expired on August 20, 2001, Executive Order 13222 of August 17, 2001 (3
CFR, 2001 Comp., p. 783) as extended by the Notice of August 7, 2003
(68 FR 47833, August 11, 2003), continues the EAR in effect under the
International Emergency Economic Powers Act. BIS amends the EAR in this
rule under the provisions of the EAA as continued in effect under IEEPA
and Executive Order 13222.
Rulemaking Requirements
1. This final rule has been determined to be significant for the
purposes of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748 .
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 or foreign affairs function
of the United States (see 5 U.S.C. 553(a)(1)). Further, no other law
requires that a notice of proposed rulemaking and an opportunity for
public comment be given for this rule. Because a notice of proposed
rulemaking and an opportunity for public comment are not required to be
given for this rule by 5 U.S.C. 553, or by any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are not applicable.
However, because of the importance of the issues raised by these
regulations, this rule is being issued in interim form and BIS will
consider comments in the development of the final regulations.
Accordingly, the Department of Commerce (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 June 1, 2004. 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 persons 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 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 available for public
inspection.
The public record concerning this regulation will be maintained in
the Bureau of Industry and Security 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 Industry and
Security Freedom of Information Officer, at the above address or by
calling (202) 482-0500.
List of Subjects
15 CFR Parts 732 and 740
Administrative practice and procedure, Exports, Foreign trade,
Reporting and recordkeeping requirements.
15 CFR Parts 736, 742, and 772
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.
[[Page 23628]]
15 CFR Part 762
Administrative practice and procedure, Business and industry,
Confidential business information, Exports, Foreign trade, Reporting
and recordkeeping requirements.
0
Accordingly, parts 732, 736, 740, 742, 744, 746, 762, and 772 of the
Export Administration Regulations (15 CFR parts 730-799) are amended as
follows:
PART 732--[AMENDED]
0
1. The authority citation for 15 CFR 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. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2003, 68 FR
47833, 3 CFR, 2003 Comp., p. 328.
Sec. 732.1 [Amended]
0
2. Section 732.1 is amended:
0
a. By revising the phrase ``Cuba, Iran, Iraq, and Libya.'' in the next
to last sentence of paragraph (d)(2) to read ``Cuba, Iran, and Iraq.'';
and
0
b. By revising the phrase ``embargoed countries (e.g., Cuba, Iran,
Iraq, and Libya),'' in (d)(3) to read ``countries subject to a
comprehensive embargo (e.g., Cuba, Iran, and Iraq),''.
Sec. 732.2 [Amended]
0
3. Section 732.2 is amended by revising the phrase ``Your export or
reexport destination for the direct product is Cuba, Libya,'' in
paragraph (f)(1)(i) to read ``Your export or reexport destination for
the direct product is Cuba''.
0
4. Section 732.3 is amended:
0
a. By revising the phrase ``Your export or reexport destination for the
direct product is Cuba, Libya,'' in paragraph (f)(1)(i) to read ``Your
export or reexport destination for the direct product is Cuba'';
0
b. By revising the phrase ``If your destination for any item is Cuba,
Iran, Iraq, Libya or Rwanda'' in paragraph (i) to read ``If your
destination for any item is Cuba, Iran, Iraq or Rwanda''; and
0
c. By revising paragraph (d)(4) to read as follows:
Sec. 732.3 Steps regarding the ten general prohibitions.
* * * * *
(d) * * *
(4) Destinations subject to embargo provisions. The Country Chart
does not apply to Cuba, Iran, and Iraq; and for those countries you
should review the embargo provisions at part 746 of the EAR and may
skip this step concerning the Country Chart. For Rwanda, the Country
Chart provides for certain license requirements, and part 746 of the
EAR provides additional requirements.
PART 736--[AMENDED]
0
5. The authority citation for 15 CFR 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. 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; Notice of August 7, 2003, 68 FR 47833, 3 CFR, 2003 Comp., p.
328; Notice of October 29, 2003, 68 FR 62209, 3 CFR, 2003 Comp., p.
347.
Sec. 736.2 [Amended]
0
6. Section 736.2 is amended by revising the phrase ``General
Prohibition Three to Cuba, Libya,'' in paragraph (b)(3)(i) to read
``General Prohibition Three to Cuba''.
PART 738--[AMENDED]
0
7. The authority citation for 15 CFR 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; Sec. 901-911, Pub. L. 106-387; Sec.
221, Pub. L. 107-56; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of
August 7, 2003, 68 FR 47833, 3 CFR, 2003 Comp., p. 328.
0
8. Supplement No. 1 to part 738 is amended by revising the entry for
``Libya'' to read as follows:
Supplement No. 1 to Part 738--Commerce Country Chart
[Reason for control]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Libya..................................... X X X X X X X X X X X X
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
PART 740--[AMENDED]
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9. The authority citation for 15 CFR part 740 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
Sec. 901-911, Pub. L. 106-387; E.O. 13026, 61 FR 58767, 3 CFR, 1996
Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783;
Notice of August 7, 2003, 68 FR 47833, 3 CFR, 2003 Comp., p. 328.
Sec. 740.2 [Amended]
0
10. Section 740.2 is amended by revising the phrase ``The export or
reexport is to an embargoed destination (Cuba, Iran, Iraq, and
Libya),'' in paragraph (a)(6) to read ``The export or reexport is to an
embargoed destination (Cuba, Iran, and Iraq),'';
Sec. 740.9 [Amended]
0
11. Section 740.9 is amended:
0
a. By revising the sentence ``No foreign-origin items may be returned
to Cuba or Libya.'' in paragraph (b)(3) to read ``No foreign-origin
items may be returned to Cuba.'';
0
b. By revising the phrase ``A destination in Cuba or Libya;'' in
paragraph (b)(4)(i) to read ``A destination in Cuba;''; and
0
c. By revising the phrase ``except Cuba, Iran, Iraq, Libya, and Sudan''
in paragraph (c)(2) to read ``except Cuba, Iran, Iraq, and Sudan''.
Sec. 740.15 [Amended]
0
12. Section 740.15 is amended by revising the phrase ``to a country
included in Country Group D:1, Cuba, or Libya,'' in paragraph (b)(2) to
read ``to a country included in Country Group D:1, Cuba,''.
Supplement No. 1 to Part 740 [Amended]
0
13. Supplement No. 1 to part 740 is amended:
0
a. By removing Libya from Country Group E:2; and
0
b. By revising footnote 1(a) to Country Group E to read ``A
comprehensive embargo against Cuba, Iran, Iraq, and Sudan; and''.
[[Page 23629]]
PART 742--[AMENDED]
0
14. The authority citation for 15 CFR part 742 is revised 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;
Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; 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; Notice of November 9,
2001, 66 FR 56965, 3 CFR, 2001 Comp., p. 917; Notice of August 7,
2003, 68 FR 47833, 3 CFR, 2003 Comp., p. 328.
0
15. Section 742.1 is amended:
0
a. By revising the heading ``Exports and reexports involving Cuba,
Libya, Iraq, Iran, and the Bosnian Serb-controlled areas of Bosnia-
Herzegovina'' of paragraph (c) to read ``Exports and reexports
involving Cuba, Iran, and Iraq'';
0
b. By revising the parenthetical phrase ``(Cuba, Libya, Iraq, Iran and
the Bosnian Serb-controlled areas of Bosnia-Herzegovina).'' in
paragraph (c) to read ``(Cuba, Iran, and Iraq).'';
0
c. By revising paragraph (d) to read as set forth below; and
0
d. By revising the phrase ``certain exports to and for the use of
certain foreign vessels or aircraft; and certain exports to all
countries for Libya aircraft.'' in paragraph (e) to read ``and certain
exports to and for the use of certain foreign vessels and aircraft.''
Sec. 742.1 Introduction
* * * * *
(d) Anti-terrorism Controls on Cuba, Iran, Iraq, Libya, North
Korea, Sudan and Syria. Commerce maintains anti-terrorism controls on
Cuba, Iran, Libya, North Korea, Syria and Sudan under section 6(a) of
the Export Administration Act. Items controlled under section 6(a) to
Iran, Syria, Sudan, North Korea and Libya are described in Sec. Sec.
742.8, 742.9, 742.10, 742.19 and 742.20, respectively, and in
Supplement No. 2 to part 742. Commerce also maintains controls under
section 6(j) of the EAA to Cuba, Libya, Iran, Iraq, North Korea, Sudan
and Syria. Items controlled to these countries under EAA section 6(j)
are also described in Supplement 2 to part 742. The Secretaries of
Commerce and State are required to notify appropriate Committees of the
Congress 30 days before issuing a license for an item controlled under
section 6(j) to Cuba, Libya, North Korea, Iran, Iraq, Sudan or Syria.
As noted in paragraph (c) of this section, if you are exporting or
reexporting to Cuba, Iran, or Iraq you should review part 746 of the
EAR, Embargoes and Other Special Controls.
* * * * *
0
16. Part 742 is amended by adding a new Sec. 742.20 to read as
follows:
Sec. 742.20 Anti-terrorism: Libya.
(a) License requirements. (1) If AT Column 1 of the Country Chart
(Supplement No. 1 to part 738 of the EAR) is indicated in the
appropriate ECCN, BIS requires a license for export and reexport to
Libya for anti-terrorism purposes.
(2) The Secretary of State has designated Libya as a country whose
government has repeatedly provided support for acts of international
terrorism.
(3) In support of U.S. foreign policy against terrorism, BIS
maintains two types of anti-terrorism controls on the export and
reexport to Libya of items described in Supplement No. 2 to part 742.
(i) Items described in paragraphs (c)(1) through (c)(5) of
Supplement No. 2 to part 742, if destined to military, police,
intelligence or other end-users in Libya, are controlled under section
6(j) of the Export Administration Act, as amended (EAA).
(ii) Items listed in paragraphs (c)(1) through (c)(5) of Supplement
No. 2 to part 742 destined to other end-users in Libya, as well as
items to all end-users listed in (c)(6) through (c)(8), (c)(10) through
(c)(14), (c)(16) through (c)(19), and (c)(22) through (c)(44) of
Supplement No. 2 to part 742, are controlled to Libya under section
6(a) of the EAA.
(b) Licensing policy. (1) Applications for export and reexport to
all end-users in Libya of the following items will generally be denied:
(i) Items controlled for chemical and biological weapons
proliferation reasons to any destination. These are items that 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) Military-related items controlled for national security
reasons to any destination. These are items that contain NS Column 1 or
RS Column 2 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.''
(iii) Items controlled for missile proliferation reasons to any
destination. These are items that have an MT Column 1 in the Country
Chart column of the ``License Requirements'' section of an ECCN on the
CCL.
(iv) All aircraft (powered and unpowered), helicopters, engines,
and related spare parts and components, except that parts and
components intended to ensure the safety of civil aviation and the safe
operation of commercial passenger aircraft will be reviewed on a case-
by-case basis, with a presumption of approval. These are items
controlled to any destination for national security and missile
technology reasons and items controlled to Libya for anti-terrorism
purposes. 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. Note that, consistent
with the general rule that applies to computing U.S. parts and
components content incorporated into foreign made products, all
aircraft-related items that require a license to Libya will be
controlled U.S. content, except for ECCNs 6A998, 7A994, and 9A991.d,
for purposes of such licensing requirements.
(v) Cryptographic, cryptoanalytic, and crypto-logic items
controlled to any destination for national security reasons. Such items
contain an AT Column 1 and an NS Column 1 or NS Column 2 in the Country
Chart column of the ``License Requirements'' section of an ECCN on the
CCL.
(vi) Explosives detection equipment controlled under ECCN 2A983.
(vii) ``Software'' (ECCN 2D983) specially designed or modified for
the ``development'', ``production'' or ``use'' of explosives detection
equipment controlled by 2A983.
(viii) ``Technology'' (ECCN 2E983) specially designed or modified
for the ``development'', ``production'' or ``use'' of explosives
detection equipment controlled by 2A983.
(ix) Commercial charges and devices controlled under ECCN 1C992.
(x) Ammonium nitrate, including certain fertilizers containing
ammonium nitrate, controlled under ECCN 1C997.
(xi) Technology for the production of Chemical Weapons Convention
(CWC) Schedule 2 and 3 chemicals controlled under ECCN 1E355.
(2) Applications for export and reexport to Libya 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) Notwithstanding the provisions of paragraphs (b)(1) and (b)(2),
of this
[[Page 23630]]
section, applications for Libya will be considered on a case-by-case
basis if:
(i) The U.S. content of foreign-produced commodities is 20% or less
by value; or
(ii) The commodities are medical items.
Note to paragraph (b) of this section: Applicants who wish any
of the factors described in paragraph (b) of this section to be
considered in reviewing their license applications must submit
adequate documentation demonstrating the value of the U.S. content
or the specifications and medical use of the equipment.
(4) License applications for items reviewed under 6(a) controls
will also be reviewed to determine the applicability of 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
Libya, including its military logistics capability, or could enhance
Libya'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.
0
17. Supplement No. 2 to part 742 is revised to read as follows:
SUPPLEMENT NO. 2 TO PART 742--ANTI-TERRORISM CONTROLS: IRAN, LIBYA,
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. BIS 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, Libya, 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)(44) of this Supplement; for North
Korea, items in paragraph (c)(6) through (c)(45) of this Supplement;
for Sudan, items in paragraphs (c)(6) through (c)(14), and (c)(16)
through (c)(44) of this Supplement; for Libya and Syria, items in
paragraphs (c)(6) through (c)(8), (c)(10) through (c)(14), (c)(16)
through (c)(19), and (c)(22) through (c)(44) of this Supplement.
(c) The license requirements and licensing policies for items
controlled for anti-terrorism reasons to Iran, Syria, Sudan, North
Korea, and Libya are generally described in Sec. Sec. 742.8, 742.9,
742.10, 742.19, and 742.20 of this part, respectively. This
Supplement provides guidance on licensing policies for Iran, Libya,
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.
(v) Libya. Applications for military end-users or military end-
uses in Libya 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.
(2) All items subject to chemical and biological weapons
proliferation controls. Applications for all end-users in Iran,
Libya, 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, Libya, 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
[[Page 23631]]
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.
(v) Libya. Applications for military end-users or end-uses to
Libya 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.
(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.
(v) Libya. Applications for all end-users in Libya 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.
(v) Libya. Applications for all end-users in Libya 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.
(v) Libya. Applications for military end-users or for military
end-uses in Libya will generally be denied. Applications for non-
military end-users or for non-military end-uses in Libya 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.
(v) Libya. Applications for military end-users or for military
end-uses in Libya will generally be denied. Applications for non-
military end-users or for non-military end-uses in Libya 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.
(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.
(v) Libya. A license is required for all national security-
controlled cryptographic, cryptoanalytic, and cryptologic equipment
to all end-users. Applications for all end-users in Libya 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.
[[Page 23632]]
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.
(v) Libya. Applications for military end-users or for military
end-uses in Libya of such equipment will generally be denied.
Applications for non-military end-users or for non-military end-uses
in Libya 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.
(v) Libya. Applications for military end-users or for military
end-uses in Libya of such equipment will generally be denied.
Applications for non-military end-users or for non-military end-uses
in Libya 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.
(v) Libya. Applications for military end-users or for military
end-uses in Libya of such equipment will generally be denied.
Applications for non-military end-users or for non-military end-uses
in Libya 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).
(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.
(v) Libya. Applications for military end-users or for military
end-uses in Libya will generally be denied. Applications for non-
military end-users or for non-military end-uses in Libya will be
considered on a case-by-case basis.
(15) Portable electric power generator.
(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.
[[Page 23633]]
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 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.
(v) Libya. A license is required for national security-
controlled vessels and boats. Applications for military end-users or
for military end-uses in Libya of these items will generally be
denied. Applications for non-military end-users or for non-military
end-uses in Libya 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.
(v) Libya. 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
Libya of these items will generally be denied. Applications for non-
military end-users or for non-military end-uses in Libya 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.
(v) Libya. Applications for military end-users or for military
end-uses in Libya of such equipment will generally be denied.
Applications for non-military end-users or for non-military end-uses
in Libya will be considered on a case-by-case basis.
(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) 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.
(v) Libya. Applications for military end-users or for military
end-uses in Libya of such systems will generally be denied.
Applications for non-military end-users or for non-military end-uses
in Libya will be considered on a case-by-case basis.
(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.
[[Page 23634]]
(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.
(v) Libya. Applications for military end-users or for military
end-uses in Libya 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.
(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.
(v) Libya. Applications for military end-users or for military
end-uses in Libya 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.
(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.
(v) Libya. Applications for military end-users or for military
end-uses in Libya 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.
(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.
(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.
(vi) Libya. Applications for military end-users or for military
end-uses in Libya 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).
(D) Libya. Applications for military end-users or for military
end-uses in Libya of
[[Page 23635]]
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.
(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, North Korea, or Libya 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.
(v) Libya. Applications for military end-users or for military
end-uses in Libya 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.
(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.
(v) Libya. Applications for military end-users or for military
end-uses in Libya 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.
(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.
(v) Libya. Applications for military end-users or for military
end-uses in Libya 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.
(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.
(v) Libya. Applications for military end-users or for military
end-uses in Libya 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.
[[Page 23636]]
(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.
(v) Libya. Applications for military end-users or for military
end-uses in Libya 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.
(v) Libya. Applications for military end-users or for military
end-uses in Libya 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
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.
(v) Libya. Applications for military end-users or for military
end-uses in Libya of such compounds 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.
(v) Libya.Applications for military end-users or for military
end-uses in Libya 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.
(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.
(v) Libya. Applications for military end-users or for military
end-uses in Libya of
[[Page 23637]]
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.
(v) Libya. Applications for military end-users or for military
end-uses in Libya 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.
(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.
(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.
(v) Libya. Applications for military end-users or for military
end-uses in Libya of these items will generally be denied.
Applications for non-military end-users or for non-military end-uses
in Libya 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.
(v) Libya. Applications for military end-users or for military
end-uses in Libya of these items will generally be denied.
Applications for non-military end-users or for non-military end-uses
in Libya will be considered on a case-by case basis.
(39) Explosives detection equipment described in ECCN 2A983.
(i) Explosives detection equipment described in ECCN 2A983,
controlled prior to April 3, 2003 under ECCN 2A993.
(A) Iran. Applications for all end-users in Iran of these items
will generally be denied. Contract sanctity date: January 19, 1996.
(B) Syria. Applications for all end-users in Syria of these
items will generally be denied. Contract sanctity date: January 19,
1996.
(C) Sudan. Applications for all end-users in Sudan of these
items will generally be denied. Contract sanctity date: January 19,
1996.
(D) North Korea. Applications for all end-users in North Korea
of these items will generally be denied.
(E) Libya. Applications for all end-users in Libya of these
items will generally be denied.
(ii) Explosives detection equipment described in ECCN 2A983, not
controlled prior to April 3, 2003 under ECCN 2A993.
(A) Iran. Applications for all end-users in Iran of these items
will generally be denied. Contract sanctity date for reexports by
non-U.S. persons: March 21, 2003.
(B) Syria. Applications for all end-users in Syria of these
items will generally be denied. Contract sanctity date: March 21,
2003.
(C) Sudan. Applications for all end-users in Sudan of these
items will generally be denied. Contract sanctity date for reexports
by non-U.S. persons: March 21, 2003.
(D) North Korea. Applications for all end-users in North Korea
of these items will generally be denied. Contract sanctity date:
March 21, 2003.
(E) Libya. Applications for all end-users in Libya of these
items will generally be denied.
(40) ``Software'' described in ECCN 2D983 specially designed or
modified for the ``development'', ``production'' or ``use'' of
explosives detection equipment.
(i) Iran. Applications for all end-users in Iran of these items
will generally be denied. Contract sanctity date for reexports by
non-U.S. persons: March 21, 2003.
(ii) Syria. Applications for all end-users in Syria of these
items will generally be denied. Contract sanctity date: March 21,
2003.
(iii) Sudan. Applications for all end-users in Sudan of these
items will generally be denied. Contract sanctity date for reexports
by non-U.S. persons: March 21, 2003.
(iv) North Korea. Applications for all end-users in North Korea
of these items will generally be denied. Contract sanctity date:
March 21, 2003.
(v) Libya. Applications for all end-users in Libya of these
items will generally be denied.
(41) ``Technology'' described in ECCN 2E983 specially designed
or modified for the ``development'', ``production'' or ``use'' of
explosives detection equipment.
(i) Iran. Applications for all end-users in Iran of these items
will generally be denied. Contract sanctity date for reexports by
non-U.S. persons: March 21, 2003.
(ii) Syria. Applications for all end-users in Syria of these
items will generally be denied. Contract sanctity date: March 21,
2003.
[[Page 23638]]
(iii) Sudan. Applications for all end-users in Sudan of these
items will generally be denied. Contract sanctity date for reexports
by non-U.S. persons: March 21, 2003.
(iv) North Korea. Applications for all end-users in North Korea
of these items will generally be denied. Contract sanctity date:
March 21, 2003.
(v) Libya. Applications for all end-users in Libya of these
items will generally be denied.
(42) 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.
(v) Libya. Applications for military end-users or for military
end-uses in Libya of these items will generally be denied.
Applications for non-military end-users or for non-military end-uses
in Libya will be considered on a case-by-case basis.
(43) 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.
(v) Libya. Applications for all end-users in Libya of these
items will generally be denied.
(44) Ammonium nitrate, including certain fertilizers containing
ammonium nitrate, under ECCN 1C997 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. Contract sanctity date: June 15,
2001.
(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. Contract sanctity date:
June 15, 2001.
(v) Libya. Applications for all end-users in Libya of these
items will generally be denied.
(45) 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]
0
18. The authority citation for 15 CFR 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; Sec. 901-911, Pub. L. 106-
387; Sec. 221, Pub. L. 107-56; 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. 12947, 60
FR 5079, 3 CFR, 1995 Comp., p. 356; 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 November 9,
2001, 66 FR 56965, 3 CFR, 2001 Comp., p. 917; Notice of August 7,
2003, 68 FR 47833, 3 CFR, 2003 Comp., p. 328.
Sec. 744.8 [Removed and reserved]
0
19. Part 744 is amended by removing and reserving Sec. 744.8.
PART 746--[AMENDED]
0
20. The authority citation for 15 CFR part 746 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. 287c; 22 U.S.C. 6004; Sec. 901-911, Pub. L. 106-387; Sec.
221, Pub. L. 107-56; 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. 13222,
3 CFR, 2001 Comp., p. 783; Notice of August 7, 2003, 68 FR 47833, 3
CFR, 2003 Comp., p. 328.
Sec. 746.1 [Amended]
0
21. Section 746.1 is amended:
0
a. By revising the phrase ``currently Cuba, Libya, Iran, and Iraq.'' in
paragraph (a) to read ``currently Cuba, Iran, and Iraq.''; and
0
b. By revising the header ``Cuba and Libya.'' for paragraph (a)(1) to
read ``Cuba.''; and
0
c. By revising the phrase ``require a license to Cuba or Libya.'' in
paragraph (a)(1) to read ``require a license to Cuba.''
Sec. 746.4 [Removed and reserved]
0
22. Part 746 is amended by removing and reserving Sec. 746.4.
PART 762--[AMENDED]
0
23. The authority citation for 15 CFR part 762 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
7, 2003, 68 FR 47833, 3 CFR, 2003 Comp., p. 328.
0
24. Section 762.2 is amended by adding new paragraph (c) to read as
follows:
Sec. 762.2 Records to be retained.
* * * * *
(c) Special recordkeeping requirement.
(1) Libya. Persons in receipt of a specific license granted by the
Department of the Treasury's Office of Foreign Assets Control (OFAC)
for the export to Libya of any item subject to the EAR must maintain a
record of those items transferred to Libya pursuant to such specific
license and record when the items are consumed or destroyed in the
normal course of their use in Libya, reexported to a third country not
requiring further authorization from BIS, or returned to the United
States. This requirement applies only to items subject to a license
requirement under the EAR for export to Libya as of April 29, 2004.
These records must include the following information:
(i) Date of export or reexport and related details (including means
of transport);
(ii) Description of items (including ECCN) and value of items in
U.S. Dollars;
(iii) Description of proposed end-use and locations in Libya where
items are intended to be used;
(iv) Parties other than specific OFAC licensee who may be given
temporary access to the items; and
(v) Date of consumption or destruction, if the items are consumed
or destroyed in the normal course of their use in Libya, or the date of
reexport to a third country not requiring further authorization from
BIS, or return to the United States.
(2) [Reserved]
PART 772--[AMENDED]
0
25. The authority citation for 15 CFR part 772 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
7, 2003, 68 FR 47833, 3 CFR, 2003 Comp., p. 328.
Sec. 772.1 [Amended]
0
26. Section 772.1 is amended:
0
a. By revising the phrase ``export license applications to Iran, Sudan
and Libya'' in Note 3 following the definition of Agricultural
commodities to read ``export license applications to Iran and Sudan'';
0
b. By revising the phrase ``for export to Iran, Libya and Sudan'' in
the paragraph entitled Medical devices to read ``for export to Iran and
Sudan''; and
[[Page 23639]]
0
c. By revising the phrase ``for export to Iran, Libya and Sudan'' in
the paragraph entitled Medicines to read ``for export to Iran and
Sudan''.
Dated: April 23, 2004.
Peter Lichtenbaum,
Assistant Secretary for Export Administration.
[FR Doc. 04-9717 Filed 4-27-04; 1:21 pm]
BILLING CODE 3510-33-P