b.2. Equipment employing a ``laser'' and having any of the
following:
    b.2.a. A transmission wavelength exceeding 1750 nm; or
    b.2.b. [Reserved]
    b.2.c. [Reserved]
    b.2.d. Employing analog techniques and having a bandwidth
exceeding 2.5 GHz; or

    Note: 5B001.b.2.d. does not include equipment ``specially
designed'' for the ``development'' of commercial TV systems.

    b.3. [Reserved]
    b.4. Radio equipment employing Quadrature-Amplitude-Modulation
(QAM) techniques above level 1,024.

0
36. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Part 1, ECCN 5E001 is revised to read as follows:

5E001 ``Technology'' as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, SL, AT

                                          Country chart (see Supp. No.1
               Control(s)                          to part 738)

NS applies to entire entry.............  NS Column 1
SL applies to ``technology'' for the     A license is required for all
 ``development'' or ``production'' of     destinations, as specified in
 equipment, functions or features         Sec.   742.13 of the EAR.
 controlled by 5A001.f.1, or for the      Accordingly, a column specific
 ``development'' or ``production'' of     to this control does not
 ``software'' controlled by ECCN          appear on the Commerce Country
 5D001.a (for 5A001.f.1).                 Chart (Supplement No. 1 to
                                          Part 738 of the EAR)
                                         Note to SL paragraph: This
                                          licensing requirement does not
                                          supersede, nor does it
                                          implement, construe or limit
                                          the scope of any criminal
                                          statute, including, but not
                                          limited to the Omnibus Safe
                                          Streets Act of 1968, as
                                          amended
AT applies to entire entry.............  AT Column 1

Reporting Requirements

See Sec.  743.1 of the EAR for reporting requirements for exports
under License Exceptions, and Validated End-User authorizations.

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

CIV: N/A
TSR: Yes, except for exports or reexports to destinations outside of
those countries listed in Country Group A:5 (See Supplement No. 1 to
part 740 of the EAR) of ``technology'' controlled by 5E001.a for the
``development'' or ``production'' of the following:
(1) Items controlled by 5A001.b.5 or 5A001.h; or
(2) ``Software'' controlled by 5D001.a that is ``specially
designed'' for the ``development'' or ``production'' of equipment,
functions or features controlled by 5A001.b.5 or 5A001.h.

Special Conditions for STA

STA: License Exception STA may not be used to ship or transmit
``technology'' according to the General Technology Note for the
``development'' or ``production'' of equipment, functions or
features specified by 5A001.b.3, .b.5 or .h; or for ``software'' in
5D001.a that is specified in the STA paragraph in the License
Exception section of ECCN 5D001 to any of the destinations listed in
Country Group A:6 (See Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: (1) See also 5E101, 5E980 and 5E991. (2)
``Technology'' for ``development'' or ``production'' of ``Monolithic
Microwave Integrated Circuit'' (``MMIC'') amplifiers that meet the
control criteria given at 3A001.b.2 is controlled in 3E001; 5E001.d
refers only to that additional ``technology'' ``required'' for
telecommunications.
Related Definitions: N/A
Items:

    a. ``Technology'' according to the General Technology Note for
the ``development'', ``production'' or ``use'' (excluding operation)
of equipment, functions or features, controlled by 5A001 or
``software'' controlled by 5D001.a..
    b. Specific ``technology'', as follows:
    b.1. ``Technology'' ``required'' for the ``development'' or
``production'' of telecommunications equipment ``specially
designed'' to be used on board satellites;
    b.2. ``Technology'' for the ``development'' or ``use'' of
``laser'' communication techniques with the capability of
automatically acquiring and tracking signals and maintaining
communications through exoatmosphere or sub-surface (water) media;
    b.3. ``Technology'' for the ``development'' of digital cellular
radio base station receiving equipment whose reception capabilities
that allow multi-band, multi-channel, multi-mode, multi-coding
algorithm or multi-protocol operation can be modified by changes in
``software'';
    b.4. ``Technology'' for the ``development'' of ``spread
spectrum'' techniques, including ``frequency hopping'' techniques.

    Note: 5E001.b.4 does not apply to ``technology'' for the
``development'' of any of the following:
    a. Civil cellular radio-communications systems; or
    b. Fixed or mobile satellite Earth stations for commercial civil
telecommunications.

    c. ``Technology'' according the General Technology Note for the
``development'' or ``production'' of any of the following:
    c.1. [Reserved]
    c.2. Equipment employing a ``laser'' and having any of the
following:
    c.2.a. A transmission wavelength exceeding 1,750 nm;
    c.2.b. [Reserved]
    c.2.c. [Reserved]
    c.2.d. Employing wavelength division multiplexing techniques of
optical carriers at less than 100 GHz spacing; or
    c.2.e. Employing analog techniques and having a bandwidth
exceeding 2.5 GHz;

    Note: 5E001.c.2.e does not control ``technology'' for commercial
TV systems.

    N.B.: For ``technology'' for the ``development'' or
``production'' of non-telecommunications equipment employing a
``laser'', see Product Group E of Category 6, e.g., 6E00x
    c.3. Equipment employing ``optical switching'' and having a
switching time less than 1 ms; or
    c.4. Radio equipment having any of the following:
    c.4.a. Quadrature-Amplitude-Modulation (QAM) techniques above
level 1,024; or
    c.4.b. Operating at input or output frequencies exceeding 31.8
GHz; or

    Note: 5E001.c.4.b does not control ``technology'' for equipment
designed or modified for operation in any frequency band which is
``allocated by the ITU'' for radio-communications services, but not
for radio-determination.

    c.4.c. Operating in the 1.5 MHz to 87.5 MHz band and
incorporating adaptive techniques providing more than 15 dB
suppression of an interfering signal; or
    c.5. [Reserved]
    c.6. Mobile equipment having all of the following:
    c.6.a. Operating at an optical wavelength greater than or equal
to 200nm and less than or equal to 400nm; and
    c.6.b. Operating as a ``local area network'';
    d. ``Technology'' according to the General Technology Note for
the ``development'' or ``production'' of ``Monolithic Microwave

Integrated Circuit'' (``MMIC'') amplifiers ``specially designed''
for telecommunications and that are any of the following:

    Technical Note:  For purposes of 5E001.d, the parameter peak
saturated power output may also be referred to on product data
sheets as output power, saturated power output, maximum power
output, peak power output, or peak envelope power output.

    d.1. Rated for operation at frequencies exceeding 2.7 GHz up to
and including 6.8 GHz with a ``fractional bandwidth'' greater than
15%, and having any of the following:
    d.1.a. A peak saturated power output greater than 75 W (48.75
dBm) at any frequency exceeding 2.7 GHz up to and including 2.9 GHz;
    d.1.b. A peak saturated power output greater than 55 W (47.4
dBm) at any frequency exceeding 2.9 GHz up to and including 3.2 GHz;
    d.1.c. A peak saturated power output greater than 40 W (46 dBm)
at any frequency exceeding 3.2 GHz up to and including 3.7 GHz; or
    d.1.d. A peak saturated power output greater than 20 W (43 dBm)
at any frequency exceeding 3.7 GHz up to and including 6.8 GHz;
    d.2. Rated for operation at frequencies exceeding 6.8 GHz up to
and including 16 GHz with a ``fractional bandwidth'' greater than
10%, and having any of the following:
    d.2.a. A peak saturated power output greater than 10W (40 dBm)
at any frequency exceeding 6.8 GHz up to and including 8.5 GHz; or
    d.2.b. A peak saturated power output greater than 5W (37 dBm) at
any frequency exceeding 8.5 GHz up to and including 16 GHz;
    d.3. Rated for operation with a peak saturated power output
greater than 3 W (34.77 dBm) at any frequency exceeding 16 GHz up to
and including 31.8 GHz, and with a ``fractional bandwidth'' of
greater than 10%;
    d.4. Rated for operation with a peak saturated power output
greater than 0.1n W (-70 dBm) at any frequency exceeding 31.8 GHz up
to and including 37 GHz;
    d.5. Rated for operation with a peak saturated power output
greater than 1 W (30 dBm) at any frequency exceeding 37 GHz up to
and including 43.5 GHz, and with a ``fractional bandwidth'' of
greater than 10%;
    d.6. Rated for operation with a peak saturated power output
greater than 31.62 mW (15 dBm) at any frequency exceeding 43.5 GHz
up to and including 75 GHz, and with a ``fractional bandwidth'' of
greater than 10%;
    d.7. Rated for operation with a peak saturated power output
greater than 10 mW (10 dBm) at any frequency exceeding 75 GHz up to
and including 90 GHz, and with a ``fractional bandwidth'' of greater
than 5%; or
    d.8. Rated for operation with a peak saturated power output
greater than 0.1 nW (-70 dBm) at any frequency exceeding 90 GHz;
    e. ``Technology'' according to the General Technology Note for
the ``development'' or ``production'' of electronic devices and
circuits, ``specially designed'' for telecommunications and
containing ``components'' manufactured from ``superconductive''
materials, ``specially designed'' for operation at temperatures
below the ``critical temperature'' of at least one of the
``superconductive'' constituents and having any of the following:
    e.1. Current switching for digital circuits using
``superconductive'' gates with a product of delay time per gate (in
seconds) and power dissipation per gate (in watts) of less than
10-14 J; or
    e.2. Frequency selection at all frequencies using resonant
circuits with Q-values exceeding 10,000.

0
37. In Supplement No. 1 to part 774 (the Commerce Control List),
Category5--Part 2 is amended by revising the Notes at the beginning of
Part 2 to read as follows:

Part 2--Information Security

    Note 1: [Reserved]

    Note 2: Category 5--Part 2, ``information security'' products,
when accompanying their user for the user's personal use or as tools
of trade, are eligible for License Exceptions TMP or BAG, subject to
the terms and conditions of these license exceptions.

    Note 3: Cryptography Note: ECCNs 5A002, 5D002.a.1, .b, and .c.1,
do not control items as follows:
    a. Items meeting all of the following:
    1. Generally available to the public by being sold, without
restriction, from stock at retail selling points by means of any of
the following:
    a. Over-the-counter transactions;
    b. Mail order transactions;
    c. Electronic transactions; or
    d. Telephone call transactions;
    2. The cryptographic functionality cannot be easily changed by
the user;
    3. Designed for installation by the user without further
substantial support by the supplier; and
    4. When necessary, details of the items are accessible and will
be provided, upon request, to the appropriate authority in the
exporter's country in order to ascertain compliance with conditions
described in paragraphs a.1 through a.3 of this Note;
    b. Hardware components or `executable software', of existing
items described in paragraph a. of this Note, that have been
designed for these existing items, and meeting all of the following:
    1. ``Information security'' is not the primary function or set
of functions of the component or `executable software';
    2. The component or `executable software' does not change any
cryptographic functionality of the existing items, or add new
cryptographic functionality to the existing items;
    3. The feature set of the component or `executable software' is
fixed and is not designed or modified to customer specification; and
    4. When necessary, as determined by the appropriate authority in
the exporter's country, details of the component or `executable
software', and details of relevant end-items are accessible and will
be provided to the authority upon request, in order to ascertain
compliance with conditions described above.

    Technical Note:  For the purpose of the Cryptography Note,
`executable software' means ``software'' in executable form, from an
existing hardware component excluded from 5A002, by the Cryptography
Note.

    Note: `Executable software' does not include complete binary
images of the ``software'' running on an end-item.

    Note to the Cryptography Note:
    1. To meet paragraph a. of Note 3, all of the following must
apply:
    a. The item is of potential interest to a wide range of
individuals and businesses; and
    b. The price and information about the main functionality of the
item are available before purchase without the need to consult the
vendor or supplier. A simple price inquiry is not considered to be a
consultation.
    2. In determining eligibility of paragraph a. of Note 3, BIS may
take into account relevant factors such as quantity, price, required
technical skill, existing sales channels, typical customers, typical
use or any exclusionary practices of the supplier.

    N.B. to Note 3 (Cryptography Note): You must submit a
classification request or self-classification report to BIS for mass
market encryption commodities and software eligible for the
Cryptography Note employing a key length greater than 64 bits for
the symmetric algorithm (or, for commodities and software not
implementing any symmetric algorithms, employing a key length
greater than 768 bits for asymmetric algorithms or greater than 128
bits for elliptic curve algorithms) in accordance with the
requirements of Sec.  740.17(b) of the EAR in order to be released
from the ``EI'' and ``NS'' controls of ECCN 5A002 or 5D002.

0
38. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Part 2, ECCN 5A002 is revised to read as follows:

5A002 ``Information security'' systems, equipment and
``components,'' as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, AT, EI

                                            Country chart (See Supp. No.
                Control(s)                         1 to part 738)

NS applies to entire entry................  NS Column 1
AT applies to entire entry................  AT Column 1
EI applies to entire entry................  Refer to Sec.   742.15 of
                                             the EAR

    License Requirements Note:  See Sec.  744.17 of the EAR for
additional license requirements for microprocessors having a
processing speed of 5 GFLOPS or more and an arithmetic logic unit
with an access width of 32 bit or more, including those
incorporating ``information security'' functionality, and associated
``software'' and

``technology'' for the ``production'' or ``development'' of such
microprocessors.

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

LVS: Yes: $500 for ``components''. N/A for systems and equipment.
GBS: N/A
CIV: N/A
ENC: Yes for certain EI controlled commodities, see Sec.  740.17 of
the EAR for eligibility.

List of Items Controlled

Related Controls: (1) ECCN 5A002.a controls ``components'' providing
the means or functions necessary for ``information security.'' All
such ``components'' are presumptively ``specially designed'' and
controlled by 5A002.a. (2) See USML Categories XI (including XI(b))
and XIII(b) (including XIII(b)(2)) for controls on systems,
equipment, and components described in 5A002.d or .e that are
subject to the ITAR. (3) For Global Navigation Satellite Systems
(GNSS) receiving equipment containing or employing decryption see
7A005, and for related decryption ``software'' and ``technology''
see 7D005 and 7E001. (4) Noting that items may be controlled
elsewhere on the CCL, examples of items not controlled by ECCN
5A002.a.4 include the following: (a) An automobile where the only
`cryptography for data confidentiality' `in excess of 56 bits of
symmetric key length, or equivalent' is performed by a Category 5--
Part 2 Note 3 eligible mobile telephone that is built into the car.
In this case, secure phone communications support a non-primary
function of the automobile but the mobile telephone (equipment), as
a standalone item, is not controlled by ECCN 5A002 because it is
excluded by the Cryptography Note (Note 3) (See ECCN 5A992.c). (b)
An exercise bike with an embedded Category 5--Part 2 Note 3 eligible
web browser, where the only controlled cryptography is performed by
the web browser. In this case, secure web browsing supports a non-
primary function of the exercise bike but the web browser
(``software''), as a standalone item, is not controlled by ECCN
5D002 because it is excluded by the Cryptography Note (Note 3) (See
ECCN 5D992.c). (5) After classification or self-classification in
accordance with Sec.  740.17(b) of the EAR, mass market encryption
commodities that meet eligibility requirements are released from
``EI'' and ``NS'' controls. These commodities are designated
5A992.c.
Related Definitions: N/A
Items:

    a. Designed or modified to use `cryptography for data
confidentiality' having `in excess of 56 bits of symmetric key
length, or equivalent', where that cryptographic capability is
usable without ``cryptographic activation'' or has been activated,
as follows:
    a.1. Items having ``information security'' as a primary
function;
    a.2. Digital communication or networking systems, equipment or
components, not specified in paragraph 5A002.a.1;
    a.3. Computers, other items having information storage or
processing as a primary function, and components therefor, not
specified in paragraphs 5A002.a.1 or .a.2;
    N.B.: For operating systems see also 5D002.a.1 and .c.1.
    a.4. Items, not specified in paragraphs 5A002.a.1 to a.3, where
the `cryptography for data confidentiality' having `in excess of 56
bits of symmetric key length, or equivalent' meets all of the
following:
    a.4.a. It supports a non-primary function of the item; and
    a.4.b. It is performed by incorporated equipment or ``software''
that would, as a standalone item, be specified by ECCNs 5A002,
5A003, 5A004, 5B002 or 5D002.
    N.B. to paragraph a.4: See Related Control Paragraph (4) of this
ECCN 5A002 for examples of items not controlled by 5A002.a.4.

    Technical Notes: 1. For the purposes of 5A002.a, `cryptography
for data confidentiality' means ``cryptography'' that employs
digital techniques and performs any cryptographic function other
than any of the following:
    1.a. ``Authentication;''
    1.b. Digital signature;
    1.c. Data integrity;
    1.d. Non-repudiation;
    1.e. Digital rights management, including the execution of copy-
protected ``software;''
    1.f. Encryption or decryption in support of entertainment, mass
commercial broadcasts or medical records management; or
    1.g. Key management in support of any function described in
paragraphs 1.a to 1.f of this Technical Note paragraph 1.
    2. For the purposes of 5A002.a, `in excess of 56 bits of
symmetric key length, or equivalent' means any of the following:
    2.a. A ``symmetric algorithm'' employing a key length in excess
of 56 bits, not including parity bits; or
    2.b. An ``asymmetric algorithm'' where the security of the
algorithm is based on any of the following:
    2.b.1. Factorization of integers in excess of 512 bits (e.g.,
RSA);
    2.b.2. Computation of discrete logarithms in a multiplicative
group of a finite field of size greater than 512 bits (e.g., Diffie-
Hellman over Z/pZ); or
    2.b.3. Discrete logarithms in a group other than mentioned in
paragraph 2.b.2 of this Technical Note in excess of 112 bits (e.g.,
Diffie-Hellman over an elliptic curve).

    Note 1: Details of items must be accessible and provided upon
request, in order to establish any of the following:
    a. Whether the item meets the criteria of 5A002.a.1 to a.4; or
    b. Whether the cryptographic capability for data confidentiality
specified by 5A002.a is usable without ``cryptographic activation.''

    Note 2: 5A002.a does not control any of the following items, or
specially designed ``information security'' components therefor:
    a. Smart cards and smart card `readers/writers' as follows:
    a.1. A smart card or an electronically readable personal
document (e.g., token coin, e-passport) that meets any of the
following:
    a.1.a. The cryptographic capability meets all of the following:
    a.1.a.1. It is restricted for use in any of the following:
    a.1.a.1.a. Equipment or systems, not described by 5A002.a.1 to
a.4;
    a.1.a.1.b. Equipment or systems, not using `cryptography for
data confidentiality' having `in excess of 56 bits of symmetric key
length, or equivalent;' or
    a.1.a.1.c. Equipment or systems, excluded from 5A002.a by
entries b. to f. of this Note; and
    a.1.a.2. It cannot be reprogrammed for any other use; or
    a.1.b. Having all of the following:
    a.1.b.1. It is specially designed and limited to allow
protection of `personal data' stored within;
    a.1.b.2. Has been, or can only be, personalized for public or
commercial transactions or individual identification; and
    a.1.b.3. Where the cryptographic capability is not user-
accessible;

    Technical Note to paragraph a.1.b of Note 2: `Personal data'
includes any data specific to a particular person or entity, such as
the amount of money stored and data necessary for
``authentication.''
    a.2. `Readers/writers' specially designed or modified, and
limited, for items specified by paragraph a.1 of this Note;

    Technical Note to paragraph a.2 of Note 2: `Readers/writers'
include equipment that communicates with smart cards or
electronically readable documents through a network.
    b. Cryptographic equipment specially designed and limited for
banking use or `money transactions';

    Technical Note to paragraph b. of Note 2: `Money transactions'
in 5A002 Note 2 paragraph b. includes the collection and settlement
of fares or credit functions.
    c. Portable or mobile radiotelephones for civil use (e.g., for
use with commercial civil cellular radio communication systems) that
are not capable of transmitting encrypted data directly to another
radiotelephone or equipment (other than Radio Access Network (RAN)
equipment), nor of passing encrypted data through RAN equipment
(e.g., Radio Network Controller (RNC) or Base Station Controller
(BSC));
    d. Cordless telephone equipment not capable of end-to-end
encryption where the maximum effective range of unboosted cordless
operation (i.e., a single, unrelayed hop between terminal and home
base station) is less than 400 meters according to the
manufacturer's specifications;
    e. Portable or mobile radiotelephones and similar client
wireless devices for civil use, that implement only published or
commercial cryptographic standards (except for anti-piracy
functions, which may be non-published) and also meet the provisions
of paragraphs a.2 to a.4 of the Cryptography Note (Note 3 in
Category 5--Part 2), that have been customized for a specific civil
industry application with features that do not affect the
cryptographic functionality of these original non-customized
devices;
    f. Items, where the ``information security'' functionality is
limited to wireless ``personal area network'' functionality, meeting
all of the following:

    f.1. Implement only published or commercial cryptographic
standards; and
    f.2. The cryptographic capability is limited to a nominal
operating range not exceeding 30 meters according to the
manufacturer's specifications, or not exceeding 100 meters according
to the manufacturer's specifications for equipment that cannot
interconnect with more than seven devices;
    g. Mobile telecommunications Radio Access Network (RAN)
equipment designed for civil use, which also meet the provisions of
paragraphs a.2 to a.4 of the Cryptography Note (Note 3 in Category
5--Part 2), having an RF output power limited to 0.1W (20 dBm) or
less, and supporting 16 or fewer concurrent users;
    h. Routers, switches or relays, where the ``information
security'' functionality is limited to the tasks of ``Operations,
Administration or Maintenance'' (``OAM'') implementing only
published or commercial cryptographic standards; or
    i. General purpose computing equipment or servers, where the
``information security'' functionality meets all of the following:
    i.1. Uses only published or commercial cryptographic standards;
and
    i.2. Is any of the following:
    i.2.a. Integral to a CPU that meets the provisions of Note 3 in
Category 5--Part 2;
    i.2.b. Integral to an operating system that is not specified by
5D002; or
    i.2.c. Limited to ``OAM'' of the equipment.

    b. Designed or modified to enable, by means of ``cryptographic
activation,'' an item to achieve or exceed the controlled
performance levels for functionality specified by 5A002.a that would
not otherwise be enabled;
    c. Designed or modified to use or perform ``quantum
cryptography;''

    Technical Note: ``Quantum cryptography'' is also known as
Quantum Key Distribution (QKD).

    d. Designed or modified to use cryptographic techniques to
generate channelizing codes, scrambling codes or network
identification codes, for systems using ultra-wideband modulation
techniques and having any of the following:
    d.1. A bandwidth exceeding 500 MHz; or
    d.2. A ``fractional bandwidth'' of 20% or more;
    e. Designed or modified to use cryptographic techniques to
generate the spreading code for ``spread spectrum'' systems, not
specified by 5A002.d, including the hopping code for ``frequency
hopping'' systems.

0
39. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Part 2, ECCN 5A003 is revised to read as follows:

5A003 ``Systems,'' ``equipment'' and ``components,'' for non-
cryptographic ``information security,'' as follows (see List of
Items Controlled).

License Requirements

Reason for Control: NS, AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

NS applies to entire entry................  NS Column 2
AT applies to entire entry................  AT Column 1

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

LVS: Yes: $500 for ``components.''
N/A for systems and equipment.
GBS: N/A
CIV: N/A

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items:

    a. Communications cable systems designed or modified using
mechanical, electrical or electronic means to detect surreptitious
intrusion;

    Note: 5A003.a applies only to physical layer security. For the
purpose of 5A003.a, the physical layer includes Layer 1 of the
Reference Model of Open Systems Interconnection (OSI) (ISO/IEC 7498-
1).

    b. ``Specially designed'' or modified to reduce the compromising
emanations of information-bearing signals beyond what is necessary
for health, safety or electromagnetic interference standards.

0
40. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Part 2, ECCN 5D002 is revised to read as follows:

5D002 ``Software'' as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, AT, EI

                                          Country chart (see Supp. No. 1
               Control(s)                          to part 738)

NS applies to entire entry.............  NS Column 1
AT applies to entire entry.............  AT Column 1
EI applies to ``software'' in            Refer to Sec.   742.15 of the
 5D002.a.1, a.3, .b, c.1 and c.3, for     EAR
 commodities or ``software'' controlled  Note: Encryption software is
 for EI reasons in ECCNs 5A002, 5A004     controlled because of its
 or 5D002.                                functional capacity, and not
                                          because of any informational
                                          value of such software; such
                                          software is not accorded the
                                          same treatment under the EAR
                                          as other ``software'; and for
                                          export licensing purposes,
                                          encryption software is treated
                                          under the EAR in the same
                                          manner as a commodity included
                                          in ECCN 5A002

    License Requirements Note: See Sec.  744.17 of the EAR for
additional license requirements for microprocessors having a
processing speed of 5 GFLOPS or more and an arithmetic logic unit
with an access width of 32 bit or more, including those
incorporating ``information security'' functionality, and associated
``software'' and ``technology'' for the ``production'' or
``development'' of such microprocessors.

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

CIV: N/A
TSR: N/A
ENC: Yes for certain EI controlled software, see Sec.  740.17 of the
EAR for eligibility.

List of Items Controlled

Related Controls: After classification or self-classification in
accordance with Sec.  740.17(b) of the EAR, mass market encryption
software that meet eligibility requirements are released from ``EI''
and ``NS'' controls. This software is designated as 5D992.c.
Related Definitions: 5D002.a controls ``software'' designed or
modified to use ``cryptography'' employing digital or analog
techniques to ensure ``information security.''
Items:

    a. ``Software'' ``specially designed'' or modified for the
``development,'' ``production'' or ``use'' of any of the following:
    a.1. Equipment specified by 5A002 or ``software'' specified by
5D002.c.1;
    a.2. Equipment specified by 5A003 or ``software'' specified by
5D002.c.2; or
    a.3. Equipment specified by 5A004 or ``software'' specified by
5D002.c.3;
    b. ``Software'' designed or modified to enable, by means of
``cryptographic activation,'' an item to meet the criteria for
functionality specified by 5A002.a, that would not otherwise be met;
    c. ``Software'' having the characteristics of, or performing or
simulating the functions of, any of the following:
    c.1. Equipment specified by 5A002.a, .c, .d or .e;

    Note: 5D002.c.1 does not apply to ``software'' limited to the
tasks of ``OAM'' implementing only published or commercial
cryptographic standards.

    c.2. Equipment specified by 5A003; or

    c.3. Equipment specified by 5A004.
    d. [Reserved]
    N.B.: See 5D002.b for items formerly specified in 5D002.d.

0
41. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Part 2, ECCN 5E002 is revised to read as follows:

5E002 ``Technology'' as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, AT, EI

                                            Country chart (See Supp. No.
                Control(s)                         1 to part 738)

NS applies to entire entry................  NS Column 1
AT applies to entire entry................  AT Column 1
EI applies to ``technology'' in 5E002.a     Refer to Sec.   742.15 of
 for commodities or ``software''             the EAR
 controlled for EI reasons in ECCNs 5A002,
 5A004 or 5D002, and to ``technology'' in
 5E002.b.

    License Requirements Notes:
    (1) See Sec.  744.17 of the EAR for additional license
requirements for microprocessors having a processing speed of 5
GFLOPS or more and an arithmetic logic unit with an access width of
32 bit or more, including those incorporating ``information
security'' functionality, and associated ``software'' and
``technology'' for the ``production'' or ``development'' of such
microprocessors.
    (2) When a person performs or provides technical assistance that
incorporates, or otherwise draws upon, ``technology'' that was
either obtained in the United States or is of US-origin, then a
release of the ``technology'' takes place. Such technical
assistance, when rendered with the intent to aid in the
``development'' or ``production'' of encryption commodities or
software that would be controlled for ``EI'' reasons under ECCN
5A002, 5A004 or 5D002, may require authorization under the EAR even
if the underlying encryption algorithm to be implemented is from the
public domain or is not of U.S.-origin.

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

CIV: N/A
TSR: N/A
ENC: Yes for certain EI controlled technology, see Sec.  740.17 of
the EAR for eligibility.

List of Items Controlled

Related Controls: See also 5E992. This entry does not control
``technology'' ``required'' for the ``use'' of equipment excluded
from control under the Related Controls paragraph or the Technical
Notes in ECCN 5A002 or ``technology'' related to equipment excluded
from control under ECCN 5A002.
Related Definitions: N/A
Items:

    a. ``Technology'' according to the General Technology Note for
the ``development,'' ``production'' or ``use'' of equipment
controlled by 5A002, 5A003, 5A004 or 5B002, or of ``software''
controlled by 5D002.a or 5D002.c.
    b. ``Technology'' to enable, by means of ``cryptographic
activation,'' an item to meet the criteria for functionality
specified by 5A002.a, that would not otherwise be met.

    Note: 5E002 includes ``information security'' technical data
resulting from procedures carried out to evaluate or determine the
implementation of functions, features or techniques specified in
Category 5--Part 2.

0
42. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6, ECCN 6A001 is revised to read as follows:

6A001 Acoustic systems, equipment and ``components,'' as follows
(see List of Items Controlled).

License Requirements

Reason for Control: NS, AT

                                              Country chart  (see Supp.
                Control(s)                       No. 1 to  part 738)

NS applies to entire entry................  NS Column 2
AT applies to entire entry................  AT Column 1

Reporting Requirements

See Sec.  743.1 of the EAR for reporting requirements for exports
under License Exceptions, and Validated End-User authorizations

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

LVS: $3000; N/A for 6A001.a.1.b.1 object detection and location
systems having a transmitting frequency below 5 kHz or a sound
pressure level exceeding 210 dB (reference 1 [mu]Pa at 1 m) for
equipment with an operating frequency in the band from 30 kHz to 2
kHz inclusive; 6A001.a.1.e, 6A001.a.2.a.1, a.2.a.2, 6A001.a.2.a.3,
a.2.a.5, a.2.a.6, 6A001.a.2.b; processing equipment controlled by
6A001.a.2.c, and ``specially designed'' for real-time application
with towed acoustic hydrophone arrays; a.2.e.1, a.2.e.2; and bottom
or bay cable systems controlled by 6A001.a.2.f and having processing
equipment ``specially designed'' for real-time application with
bottom or bay cable systems.
GBS: Yes for 6A001.a.1.b.4.
CIV: Yes for 6A001.a.1.b.4.

Special Conditions for STA

STA: License Exception STA may not be used to ship commodities in
6A001.a.1.b, 6A001.a.1.e or 6A001.a.2 (except .a.2.a.4) to any of
the destinations listed in Country Group A:6 (See Supplement No.1 to
part 740 of the EAR).

List of Items Controlled

Related Controls: See also 6A991
Related Definitions: N/A
Items:

    a. Marine acoustic systems, equipment and ``specially designed''
``components'' therefor, as follows:
    a.1. Active (transmitting or transmitting-and-receiving)
systems, equipment and ``specially designed'' ``components''
therefor, as follows:

    Note: 6A001.a.1 does not control equipment as follows:
    a. Depth sounders operating vertically below the apparatus, not
including a scanning function exceeding  20[deg], and
limited to measuring the depth of water, the distance of submerged
or buried objects or fish finding;
    b. Acoustic beacons, as follows:
    1. Acoustic emergency beacons;
    2. Pingers ``specially designed'' for relocating or returning to
an underwater position.
    a.1.a. Acoustic seabed survey equipment as follows:
    a.1.a.1. Surface vessel survey equipment designed for sea bed
topographic mapping and having all of the following:
    a.1.a.1.a. Designed to take measurements at an angle exceeding
20[deg] from the vertical;
    a.1.a.1.b. Designed to measure seabed topography at seabed
depths exceeding 600 m;
    a.1.a.1.c.`Sounding resolution' less than 2; and
    a.1.a.1.d. `Enhancement' of the depth ``accuracy'' through
compensation for all the following:
    a.1.a.1.d.1. Motion of the acoustic sensor;
    a.1.a.1.d.2. In-water propagation from sensor to the seabed and
back; and
    a.1.a.1.d.3. Sound speed at the sensor;

    Technical Notes:
    1. `Sounding resolution' is the swath width (degrees) divided by
the maximum number of soundings per swath.
    2. `Enhancement' includes the ability to compensate by external
means.

    a.1.a.2. Underwater survey equipment designed for seabed
topographic mapping and having any of the following:

    Technical Note: The acoustic sensor pressure rating determines
the depth rating of the equipment specified by 6A001.a.1.a.2.
    a.1.a.2.a. Having all of the following:
    a.1.a.2.a.1. Designed or modified to operate at depths exceeding
300 m; and
    a.1.a.2.a.2. `Sounding rate' greater than 3,800 m/s; or

    Technical Note: `Sounding rate' is the product of the maximum
speed (m/s) at which the sensor can operate and the maximum number
of soundings per swath assuming 100% coverage. For systems that
produce soundings in two directions (3D sonars), the maximum of the
`sounding rate' in either direction should be used.

    a.1.a.2.b. Survey equipment, not specified by 6A001.a.1.a.2.a,
having all of the following:
    a.1.a.2.b.1. Designed or modified to operate at depths exceeding
100 m;
    a.1.a.2.b.2. Designed to take measurements at an angle exceeding
20[deg] from the vertical;

    a.1.a.2.b.3. Having any of the following:
    a.1.a.2.b.3.a. Operating frequency below 350 kHz; or
    a.1.a.2.b.3.b. Designed to measure seabed topography at a range
exceeding 200 m from the acoustic sensor; and
    a.1.a.2.b.4. `Enhancement' of the depth ``accuracy'' through
compensation of all of the following:
    a.1.a.2.b.4.a. Motion of the acoustic sensor;
    a.1.a.2.b.4.b. In-water propagation from sensor to the seabed
and back; and
    a.1.a.2.b.4.c. Sound speed at the sensor.
    a.1.a.3. Side Scan Sonar (SSS) or Synthetic Aperture Sonar
(SAS), designed for seabed imaging and having all of the following,
and specially designed transmitting and receiving acoustic arrays
therefor:
    a.1.a.3.a. Designed or modified to operate at depths exceeding
500 m; and
    a.1.a.3.b. An `area coverage rate' of greater than 570 m\2\/s
while operating at the maximum range that it can operate with an
`along track resolution' of less than 15 cm; and
    a.1.a.3.c. An `across track resolution' of less than 15 cm;

    Technical Notes:
    1. `Area coverage rate' (m\2\/s) is twice the product of the
sonar range (m) and the maximum speed (m/s) at which the sensor can
operate at that range.
    2. `Along track resolution' (cm), for SSS only, is the product
of azimuth (horizontal) beamwidth (degrees) and sonar range (m) and
0.873.
    3. `Across track resolution' (cm) is 75 divided by the signal
bandwidth (kHz).

    a.1.b Systems or transmitting and receiving arrays, designed for
object detection or location, having any of the following:
    a.1.b.1. A transmitting frequency below 10 kHz;
    a.1.b.2. Sound pressure level exceeding 224dB (reference 1
[micro]Pa at 1 m) for equipment with an operating frequency in the
band from 10 kHz to 24 kHz inclusive;
    a.1.b.3. Sound pressure level exceeding 235 dB (reference 1
[micro]Pa at 1 m) for equipment with an operating frequency in the
band between 24 kHz and 30 kHz;
    a.1.b.4. Forming beams of less than 1[deg] on any axis and
having an operating frequency of less than 100 kHz;
    a.1.b.5. Designed to operate with an unambiguous display range
exceeding 5,120 m; or
    a.1.b.6. Designed to withstand pressure during normal operation
at depths exceeding 1,000 m and having transducers with any of the
following:
    a.1.b.6.a. Dynamic compensation for pressure; or
    a.1.b.6.b. Incorporating other than lead zirconate titanate as
the transduction element;
    a.1.c. Acoustic projectors, including transducers, incorporating
piezoelectric, magnetostrictive, electrostrictive, electrodynamic or
hydraulic elements operating individually or in a designed
combination and having any of the following:

    Notes:
    1. The control status of acoustic projectors, including
transducers, ``specially designed'' for other equipment is
determined by the control status of the other equipment.
    2. 6A001.a.1.c does not control electronic sources that direct
the sound vertically only, or mechanical (e.g., air gun or vapor-
shock gun) or chemical (e.g., explosive) sources.
    3. Piezoelectric elements specified in 6A001.a.1.c include those
made from lead-magnesium-niobate/lead-titanate
(Pb(Mg1/3Nb2/3)O3-
PbTiO3, or PMN-PT) single crystals grown from solid
solution or lead-indium-niobate/lead-magnesium niobate/lead-titanate
(Pb(In1/2Nb1/2)O3-
Pb(Mg1/3Nb2/3)O3-PbTiO3,
or PIN-PMN-PT) single crystals grown from solid solution.

    a.1.c.1. Operating at frequencies below 10 kHz and having any of
the following:
    a.1.c.1.a. Not designed for continuous operation at 100% duty
cycle and having a radiated `free-field Source Level (SLRMS)'
exceeding (10log(f) + 169.77)dB (reference 1 [mu]Pa at 1 m) where f
is the frequency in Hertz of maximum Transmitting Voltage Response
(TVR) below 10 kHz; or
    a.1.c.1.b. Designed for continuous operation at 100% duty cycle
and having a continuously radiated `free-field Source Level (SLRMS)'
at 100% duty cycle exceeding (10log(f) + 159.77)dB (reference 1
[mu]Pa at 1 m) where f is the frequency in Hertz of maximum
Transmitting Voltage Response (TVR) below 10 kHz; or

    Technical Note: The `free-field Source Level (SLRMS)'
is defined along the maximum response axis and in the far field of
the acoustic projector. It can be obtained from the Transmitting
Voltage Response using the following equation: SLRMS =
(TVR + 20log VRMS) dB (ref 1[mu]Pa at 1 m), where
SLRMS is the source level, TVR is the Transmitting
Voltage Response and VRMS is the Driving Voltage of the
Projector.

    a.1.c.2. [Reserved]
    N.B. See 6A001.a.1.c.1 for items previously specified in
6A001.a.1.c.2.
    a.1.c.3. Side-lobe suppression exceeding 22 dB;
    a.1.d. Acoustic systems and equipment, designed to determine the
position of surface vessels or underwater vehicles and having all of
the following, and ``specially designed'' ``components'' therefor:
    a.1.d.1. Detection range exceeding 1,000 m; and
    a.1.d.2. Determined position error of less than 10 m rms (root
mean square) when measured at a range of 1,000 m;

    Note: 6A001.a.1.d includes:
    a. Equipment using coherent ``signal processing'' between two or
more beacons and the hydrophone unit carried by the surface vessel
or underwater vehicle;
    b. Equipment capable of automatically correcting speed-of-sound
propagation errors for calculation of a point.

    a.1.e. Active individual sonars, ``specially designed'' or
modified to detect, locate and automatically classify swimmers or
divers, having all of the following, and ``specially designed''
transmitting and receiving acoustic arrays therefor:
    a.1.e.1. Detection range exceeding 530 m;
    a.1.e.2. Determined position error of less than 15 m rms (root
mean square) when measured at a range of 530 m; and
    a.1.e.3. Transmitted pulse signal bandwidth exceeding 3 kHz;
    N.B.: For diver detection systems ``specially designed'' or
modified for military use, see the U.S. Munitions List in the
International Traffic in Arms Regulations (ITAR) (22 CFR part 121).

    Note: For 6A001.a.1.e, where multiple detection ranges are
specified for various environments, the greatest detection range is
used.

    a.2. Passive systems, equipment and ``specially designed''
``components'' therefor, as follows:
    a.2.a. Hydrophones having any of the following:

    Note: The control status of hydrophones ``specially designed''
for other equipment is determined by the control status of the other
equipment.

    Technical Note: Hydrophones consist of one or more sensing
elements producing a single acoustic output channel. Those that
contain multiple elements can be referred to as a hydrophone group.

    a.2.a.1. Incorporating continuous flexible sensing elements;
    a.2.a.2. Incorporating flexible assemblies of discrete sensing
elements with either a diameter or length less than 20 mm and with a
separation between elements of less than 20 mm;
    a.2.a.3. Having any of the following sensing elements:
    a.2.a.3.a. Optical fibers;
    a.2.a.3.b. `Piezoelectric polymer films' other than
polyvinylidene-fluoride (PVDF) and its co-polymers {P(VDF-TrFE) and
P(VDF-TFE){time} ;
    a.2.a.3.c. `Flexible piezoelectric composites';
    a.2.a.3.d. Lead-magnesium- niobate/lead-titanate (i.e.,
Pb(Mg1/3Nb2/3)O3-PbTiO3,
or PMN-PT) piezoelectric single crystals grown from solid solution;
or
    a.2.a.3.e. Lead-indium-niobate/lead-magnesium niobate/lead-
titanate (i.e., Pb(In1/2Nb1/2)O3-
Pb(Mg1/3Nb2/3)O3-PbTiO3,
or PIN-PMN-PT) piezoelectric single crystals grown from solid
solution;
    a.2.a.4. A `hydrophone sensitivity' better than -180dB at any
depth with no acceleration compensation;
    a.2.a.5. Designed to operate at depths exceeding 35 m with
acceleration compensation; or
    a.2.a.6. Designed for operation at depths exceeding 1,000 m;

    Technical Notes:
    1. `Piezoelectric polymer film' sensing elements consist of
polarized polymer film that is stretched over and attached to a
supporting frame or spool (mandrel).
    2. `Flexible piezoelectric composite' sensing elements consist
of piezoelectric ceramic particles or fibers combined with an
electrically insulating, acoustically transparent rubber, polymer or
epoxy compound, where the compound is an integral part of the
sensing elements.
    3. `Hydrophone sensitivity' is defined as twenty times the
logarithm to the base 10 of the ratio of rms output voltage to a 1 V
rms

reference, when the hydrophone sensor, without a pre-amplifier, is
placed in a plane wave acoustic field with an rms pressure of 1
[mu]Pa. For example, a hydrophone of -160 dB (reference 1 V per
[mu]Pa) would yield an output voltage of 10-8 V in such a
field, while one of -180 dB sensitivity would yield only
10-9 V output. Thus, -160 dB is better than -180 dB.

    a.2.b. Towed acoustic hydrophone arrays having any of the
following:

    Technical Note: Hydrophones arrays consist of a number of
hydrophones providing multiple acoustic output channels.

    a.2.b.1. Hydrophone group spacing of less than 12.5 m or `able
to be modified' to have hydrophone group spacing of less than 12.5
m;
    a.2.b.2. Designed or `able to be modified' to operate at depths
exceeding 35m;

    Technical Note: `Able to be modified' in 6A001.a.2.b means
having provisions to allow a change of the wiring or
interconnections to alter hydrophone group spacing or operating
depth limits. These provisions are: Spare wiring exceeding 10% of
the number of wires, hydrophone group spacing adjustment blocks or
internal depth limiting devices that are adjustable or that control
more than one hydrophone group.

    a.2.b.3. Heading sensors controlled by 6A001.a.2.d;
    a.2.b.4. Longitudinally reinforced array hoses;
    a.2.b.5. An assembled array of less than 40 mm in diameter;
    a.2.b.6. [Reserved];
    a.2.b.7. Hydrophone characteristics controlled by 6A001.a.2.a;
or
    a.2.b.8. Accelerometer-based hydro-acoustic sensors specified by
6A001.a.2.g;
    a.2.c. Processing equipment, ``specially designed'' for towed
acoustic hydrophone arrays, having ``user-accessible
programmability'' and time or frequency domain processing and
correlation, including spectral analysis, digital filtering and
beamforming using Fast Fourier or other transforms or processes;
    a.2.d. Heading sensors having all of the following:
    a.2.d.1. An ``accuracy'' of better than  0.5[deg];
and
    a.2.d.2. Designed to operate at depths exceeding 35 m or having
an adjustable or removable depth sensing device in order to operate
at depths exceeding 35 m;
    N.B.: For inertial heading systems, see 7A003.c.
    a.2.e. Bottom or bay-cable hydrophone arrays having any of the
following:
    a.2.e.1. Incorporating hydrophones controlled by 6A001.a.2.a;
    a.2.e.2. Incorporating multiplexed hydrophone group signal
modules having all of the following characteristics:
    a.2.e.2.a. Designed to operate at depths exceeding 35 m or
having an adjustable or removal depth sensing device in order to
operate at depths exceeding 35 m; and
    a.2.e.2.b. Capable of being operationally interchanged with
towed acoustic hydrophone array modules; or
    a.2.e.3. Incorporating accelerometer-based hydro-acoustic
sensors specified by 6A001.a.2.g;
    a.2.f. Processing equipment, ``specially designed'' for bottom
or bay cable systems, having ``user-accessible programmability'' and
time or frequency domain processing and correlation, including
spectral analysis, digital filtering and beamforming using Fast
Fourier or other transforms or processes;
    a.2.g. Accelerometer-based hydro-acoustic sensors having all of
the following:
    a.2.g.1. Composed of three accelerometers arranged along three
distinct axes;
    a.2.g.2. Having an overall `acceleration sensitivity' better
than 48 dB (reference 1,000 mV rms per 1g);
    a.2.g.3. Designed to operate at depths greater than 35 meters;
and
    a.2.g.4. Operating frequency below 20 kHz;

    Note: 6A001.a.2.g does not apply to particle velocity sensors or
geophones.

    Note: 6A001.a.2 also applies to receiving equipment, whether or
not related in normal application to separate active equipment, and
``specially designed'' ``components'' therefor.

    Technical Notes:
    1. Accelerometer-based hydro-acoustic sensors are also known as
vector sensors.
    2. `Acceleration sensitivity' is defined as twenty times the
logarithm to the base 10 of the ratio of rms output voltage to a 1 V
rms reference, when the hydro-acoustic sensor, without a
preamplifier, is placed in a plane wave acoustic field with an rms
acceleration of 1 g (i.e., 9.81 m/s\2\).

    b. Correlation-velocity and Doppler-velocity sonar log equipment
designed to measure the horizontal speed of the equipment carrier
relative to the sea bed, as follows:
    b.1. Correlation-velocity sonar log equipment having any of the
following characteristics:
    b.1.a. Designed to operate at distances between the carrier and
the sea bed exceeding 500 m; or
    b.1.b. Having speed ``accuracy'' better than 1% of speed;
    b.2. Doppler-velocity sonar log equipment having speed
``accuracy'' better than 1% of speed;

    Note 1: 6A001.b does not apply to depth sounders limited to any
of the following:
    a. Measuring the depth of water;
    b. Measuring the distance of submerged or buried objects; or
    c. Fish finding.

    Note 2:  6A001.b does not apply to equipment ``specially
designed'' for installation on surface vessels.

    c. [Reserved]
    N.B.: For diver deterrent acoustic systems, see 8A002.r.

0
43. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6, ECCN 6A003 is revised to read as follows:

6A003 Cameras, systems or equipment, and ``components'' therefor, as
follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, NP, RS, AT, UN

                                         Country chart  (See Supp. No. 1
               Control(s)                          to part 738)

NS applies to entire entry.............  NS Column 2
NP applies to cameras controlled by      NP Column 1
 6A003.a.2, a.3 or a.4 and to plug-ins
 in 6A003.a.6 for cameras controlled by
 6A003.a.3 or a.4.
RS applies to 6A003.b.3, 6A003.b.4.a,    RS Column 1
 6A003.b.4.c and to items controlled in
 6A003.b.4.b that have a frame rate
 greater than 60 Hz or that incorporate
 a focal plane array with more than
 111,000 elements, or to items in
 6A003.b.4.b when being exported or
 reexported to be embedded in a civil
 product. (But see Sec.
 742.6(a)(2)(iii) and (v) for certain
 exemptions).
RS applies to items controlled in        RS Column 2
 6A003.b.4.b that have a frame rate of
 60 Hz or less and that incorporate a
 focal plane array with not more than
 111,000 elements if not being exported
 or reexported to be embedded in a
 civil product.
AT applies to entire entry.............  AT Column 1
UN applies to 6A003.b.3 and b.4........  See Sec.   746.1(b) for UN
                                          controls.

    License Requirement Note: Commodities that are not subject to
the ITAR but are of the type described in USML Category XII(c) are
controlled as cameras in ECCN 6A003 when they incorporate a camera
controlled in this ECCN.

Reporting Requirements

See Sec.  743.3 of the EAR for thermal camera reporting for exports
that are not

authorized by an individually validated license of thermal imaging
cameras controlled by ECCN 6A003.b.4.b to destinations in Country
Group A:1 (see Supplement No. 1 to part 740), must be reported to
BIS.

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

LVS: $1500, except N/A for 6A003.a.2 through a.6, b.1, b.3 and b.4
GBS: Yes for 6A003.a.1
CIV: Yes for 6A003.a.1

Special Conditions for STA

STA: License Exception STA may not be used to ship any commodity in
6A003.b.3 or b.4 to any of the destinations listed in Country Group
A:6 (See Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: (1) See ECCNs 6E001 (``development''), 6E002
(``production''), and 6E201 (``use'') for technology for items
controlled under this entry. (2) Also see ECCN 6A203. (3) See ECCN
0A919 for foreign made military commodities that incorporate cameras
described in 6A003. (4) Section 744.9 imposes a license requirement
on cameras described in 6A003 if being exported, reexported, or
transferred (in-country) for use by a military end-user or for
incorporation into a commodity controlled by ECCN 0A919. (5) See
USML Category XII(c) and (e) for cameras subject to the ITAR.
Related Definitions: N/A
Items:

    a. Instrumentation cameras and ``specially designed''
``components'' therefor, as follows:

    Note: Instrumentation cameras, controlled by 6A003.a.3 to
6A003.a.5, with modular structures should be evaluated by their
maximum capability, using plug-ins available according to the camera
manufacturer's specifications.

    a.1. High-speed cinema recording cameras using any film format
from 8 mm to 16 mm inclusive, in which the film is continuously
advanced throughout the recording period, and that are capable of
recording at framing rates exceeding 13,150 frames/s;

    Note: 6A003.a.1 does not control cinema recording cameras
designed for civil purposes.

    a.2. Mechanical high speed cameras, in which the film does not
move, capable of recording at rates exceeding 1,000,000 frames/s for
the full framing height of 35 mm film, or at proportionately higher
rates for lesser frame heights, or at proportionately lower rates
for greater frame heights;
    a.3. Mechanical or electronic streak cameras as follows:
    a.3.a. Mechanical streak cameras having writing speeds exceeding
10 mm/[micro]s;
    a.3.b. Electronic streak cameras having temporal resolution
better than 50 ns;
    a.4. Electronic framing cameras having a speed exceeding
1,000,000 frames/s;
    a.5. Electronic cameras having all of the following:
    a.5.a. An electronic shutter speed (gating capability) of less
than 1[mu]s per full frame; and
    a.5.b. A read out time allowing a framing rate of more than 125
full frames per second;
    a.6. Plug-ins having all of the following characteristics:
    a.6.a. ``Specially designed'' for instrumentation cameras which
have modular structures and that are controlled by 6A003.a; and
    a.6.b. Enabling these cameras to meet the characteristics
specified by 6A003.a.3, 6A003.a.4 or 6A003.a.5, according to the
manufacturer's specifications;
    b. Imaging cameras as follows:

    Note: 6A003.b does not control television or video cameras
``specially designed'' for television broadcasting.

    b.1. Video cameras incorporating solid state sensors, having a
peak response in the wavelength range exceeding 10 nm, but not
exceeding 30,000 nm and having all of the following:
    b.1.a. Having any of the following:
    b.1.a.1. More than 4 x 10\6\ ``active pixels'' per solid state
array for monochrome (black and white) cameras;
    b.1.a.2. More than 4 x 10\6\ ``active pixels'' per solid state
array for color cameras incorporating three solid state arrays; or
    b.1.a.3. More than 12 x 10\6\ ``active pixels'' for solid state
array color cameras incorporating one solid state array; and
    b.1.b. Having any of the following:
    b.1.b.1. Optical mirrors controlled by 6A004.a.;
    b.1.b.2. Optical control equipment controlled by 6A004.d.; or
    b.1.b.3. The capability for annotating internally generated
`camera tracking data';

    Technical Notes:
    1. For the purposes of this entry, digital video cameras should
be evaluated by the maximum number of ``active pixels'' used for
capturing moving images.
    2. For the purpose of this entry, `camera tracking data' is the
information necessary to define camera line of sight orientation
with respect to the earth. This includes: (1) The horizontal angle
the camera line of sight makes with respect to the earth's magnetic
field direction and; (2) the vertical angle between the camera line
of sight and the earth's horizon.

    b.2. Scanning cameras and scanning camera systems, having all of
the following:
    b.2.a. A peak response in the wavelength range exceeding 10 nm,
but not exceeding 30,000 nm;
    b.2.b. Linear detector arrays with more than 8,192 elements per
array; and
    b.2.c. Mechanical scanning in one direction;

    Note: 6A003.b.2 does not apply to scanning cameras and scanning
camera systems, ``specially designed'' for any of the following:
    a. Industrial or civilian photocopiers;
    b. Image scanners ``specially designed'' for civil, stationary,
close proximity scanning applications (e.g., reproduction of images
or print contained in documents, artwork or photographs); or
    c. Medical equipment.

    b.3. Imaging cameras incorporating image intensifier tubes
having the characteristics listed in 6A002.a.2.a or 6A002.a.2.b;
    b.4. Imaging cameras incorporating ``focal plane arrays'' having
any of the following:
    b.4.a. Incorporating ``focal plane arrays'' controlled by
6A002.a.3.a to 6A002.a.3.e;
    b.4.b. Incorporating ``focal plane arrays'' controlled by
6A002.a.3.f; or
    b.4.c. Incorporating ``focal plane arrays'' controlled by
6A002.a.3.g;

    Note 1: Imaging cameras described in 6A003.b.4 include ``focal
plane arrays'' combined with sufficient ``signal processing''
electronics, beyond the read out integrated circuit, to enable as a
minimum the output of an analog or digital signal once power is
supplied.

    Note 2: 6A003.b.4.a does not control imaging cameras
incorporating linear ``focal plane arrays'' with 12 elements or
fewer, not employing time-delay-and-integration within the element
and designed for any of the following:
    a. Industrial or civilian intrusion alarm, traffic or industrial
movement control or counting systems;
    b. Industrial equipment used for inspection or monitoring of
heat flows in buildings, equipment or industrial processes;
    c. Industrial equipment used for inspection, sorting or analysis
of the properties of materials;
    d. Equipment ``specially designed'' for laboratory use; or
    e. Medical equipment.

    Note 3:  6A003.b.4.b does not control imaging cameras having any
of the following:
    a. A maximum frame rate equal to or less than 9 Hz;
    b. Having all of the following:
    1. Having a minimum horizontal or vertical `Instantaneous-Field-
of-View (IFOV)' of at least 10 mrad (milliradians);
    2. Incorporating a fixed focal-length lens that is not designed
to be removed;
    3. Not incorporating a `direct view' display; and

    Technical Note: `Direct view' refers to an imaging camera
operating in the infrared spectrum that presents a visual image to a
human observer using a near-to-eye micro display incorporating any
light-security mechanism.
    4. Having any of the following:
    a. No facility to obtain a viewable image of the detected field-
of-view; or
    b. The camera is designed for a single kind of application and
designed not to be user modified; or

    Technical Note:
    `Instantaneous Field of View (IFOV)' specified in Note 3.b is
the lesser figure of the `Horizontal FOV' or the `Vertical FOV'.
    `Horizontal IFOV' = horizontal Field of View (FOV)/number of
horizontal detector elements
    `Vertical IFOV'= vertical Field of View (FOV)/number of vertical
detector elements.
    c. The camera is ``specially designed'' for installation into a
civilian passenger land vehicle and having all of the following:

    1. The placement and configuration of the camera within the
vehicle are solely to assist the driver in the safe operation of the
vehicle;
    2. Is operable only when installed in any of the following:
    a. The civilian passenger land vehicle for which it was intended
and the vehicle weighs less than 4,500 kg (gross vehicle weight); or
    b. A ``specially designed'', authorized maintenance test
facility; and
    3. Incorporates an active mechanism that forces the camera not
to function when it is removed from the vehicle for which it was
intended.

    Note:  When necessary, details of the items will be provided,
upon request, to the Bureau of Industry and Security in order to
ascertain compliance with the conditions described in Note 3.b.4 and
Note 3.c in this Note to 6A003.b.4.b.

    Note 4:  6A003.b.4.c does not apply to `imaging cameras' having
any of the following characteristics:
    a. Having all of the following:
    1. Where the camera is ``specially designed'' for installation
as an integrated component into indoor and wall-plug-operated
systems or equipment, limited by design for a single kind of
application, as follows:
    a. Industrial process monitoring, quality control, or analysis
of the properties of materials;
    b. Laboratory equipment ``specially designed'' for scientific
research;
    c. Medical equipment;
    d. Financial fraud detection equipment; and
    2. Is only operable when installed in any of the following:
    a. The system(s) or equipment for which it was intended; or
    b. A ``specially designed,'' authorized maintenance facility;
and
    3. Incorporates an active mechanism that forces the camera not
to function when it is removed from the system(s) or equipment for
which it was intended;
    b. Where the camera is ``specially designed'' for installation
into a civilian passenger land vehicle or passenger and vehicle
ferries and having all of the following:
    1. The placement and configuration of the camera within the
vehicle or ferry are solely to assist the driver or operator in the
safe operation of the vehicle or ferry;
    2. Is only operable when installed in any of the following:
    a. The civilian passenger land vehicle for which it was intended
and the vehicle weighs less than 4,500 kg (gross vehicle weight);
    b. The passenger and vehicle ferry for which it was intended and
having a length overall (LOA) 65 m or greater; or
    c. A ``specially designed'', authorized maintenance test
facility; and
    3. Incorporates an active mechanism that forces the camera not
to function when it is removed from the vehicle for which it was
intended;
    c. Limited by design to have a maximum ``radiant sensitivity''
of 10 mA/W or less for wavelengths exceeding 760 nm, having all of
the following:
    1. Incorporating a response limiting mechanism designed not to
be removed or modified; and
    2. Incorporates an active mechanism that forces the camera not
to function when the response limiting mechanism is removed; and
    3. Not ``specially designed'' or modified for underwater use; or
    d. Having all of the following:
    1. Not incorporating a `direct view' or electronic image
display;
    2. Has no facility to output a viewable image of the detected
field of view;
    3. The ``focal plane array'' is only operable when installed in
the camera for which it was intended; and
    4. The ``focal plane array'' incorporates an active mechanism
that forces it to be permanently inoperable when removed from the
camera for which it was intended.

    Note:  When necessary, details of the item will be provided,
upon request, to the Bureau of Industry and Security in order to
ascertain compliance with the conditions described in Note 4 above.

    b.5. Imaging cameras incorporating solid-state detectors
specified by 6A002.a.1.

0
44. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6, ECCN 6A005 is revised to read as follows:

6A005 ``Lasers,'' ``components'' and optical equipment, as follows
(see List of Items Controlled), excluding items that are subject to
the export licensing authority of the Nuclear Regulatory Commission
(see 10 CFR part 110).

License Requirements

Reason for Control: NS, NP, AT

                                              Country chart  (See Supp.
                Control(s)                       No. 1 to  part 738)

NS applies to entire entry................  NS Column 2
NP applies to lasers controlled by          NP Column 1
 6A005.a.2, a.3, a.4, b.2.b, b.3, b.4,
 b.6.c, c.1.b, c.2.b, d.2, d.3.c, or d.4.c
 that meet or exceed the technical
 parameters described in 6A205.
AT applies to entire entry................  AT Column 1

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

LVS: N/A for NP items; $3,000 for all other item
GBS: Neodymium-doped (other than glass) ``lasers'' controlled by
6A005.b.6.d.2 (except 6A005.b.6.d.2.b) that have an output
wavelength exceeding 1,000 nm, but not exceeding 1,100 nm, and an
average or CW output power not exceeding 2kW, and operate in a
pulse-excited, non- ``Q-switched'' multiple-transverse mode, or in a
continuously excited, multiple-transverse mode; Dye and Liquid
Lasers controlled by 6A005.c.1, c.2 and c.3, except for a pulsed
single longitudinal mode oscillator having an average output power
exceeding 1 W and a repetition rate exceeding 1 kHz if the ``pulse
duration'' is less than 100 ns; CO ``lasers'' controlled by
6A005.d.2 having a CW maximum rated single or multimode output power
not exceeding 10 kW; CO2 or CO/CO2 ``lasers''
controlled by 6A005.d.3 having an output wavelength in the range
from 9,000 to 11,000 nm and having a pulsed output not exceeding 2 J
per pulse and a maximum rated average single or multimode output
power not exceeding 5 kW; CO2 ``lasers'' controlled by
6A005.d.3 that operate in CW multiple-transverse mode, and having a
CW output power not exceeding 15kW; and 6A005.f.1.
CIV: Neodymium-doped (other than glass) ``lasers'' controlled by
6A005.b.6.d.2 (except 6A005.b.6.d.2.b) that have an output
wavelength exceeding 1,000 nm, but not exceeding 1,100 nm, and an
average or CW output power not exceeding 2kW, and operate in a
pulse-excited, non- ``Q-switched'' multiple-transverse mode, or in a
continuously excited, multiple-transverse mode; Dye and Liquid
Lasers controlled by 6A005.c.1, c.2 and c.3, except for a pulsed
single longitudinal mode oscillator having an average output power
exceeding 1 W and a repetition rate exceeding 1 kHz if the ``pulse
duration'' is less than 100 ns; CO ``lasers'' controlled by
6A005.d.2 having a CW maximum rated single or multimode output power
not exceeding 10 kW; CO2 or CO/CO2 ``lasers''
controlled by 6A005.d.3 having an output wavelength in the range
from 9,000 to 11,000 nm and having a pulsed output not exceeding 2 J
per pulse and a maximum rated average single or multimode output
power not exceeding 5 kW; CO2 ``lasers'' controlled by
6A005.d.3 that operate in CW multiple-transverse mode, and having a
CW output power not exceeding 15kW; and 6A005.f.1.

List of Items Controlled

Related Controls: (1) See ECCN 6D001 for ``software'' for items
controlled under this entry. (2) See ECCNs 6E001 (``development''),
6E002 (``production''), and 6E201 (``use'') for technology for items
controlled under this entry. (3) Also see ECCNs 6A205 and 6A995. (4)
See ECCN 3B001 for excimer ``lasers'' ``specially designed'' for
lithography equipment. (5) ``Lasers'' ``specially designed'' or
prepared for use in isotope separation are subject to the export
licensing authority of the Nuclear Regulatory Commission (see 10 CFR
part 110). (6) See USML Category XII(b) and (e) for laser systems or
lasers subject to the ITAR. (7) See USML Category XVIII for certain
laser-based directed energy weapon systems, equipment, and
components subject to the ITAR.
Related Definitions: (1) `Wall-plug efficiency' is defined as the
ratio of ``laser'' output power (or ``average output power'') to
total electrical input power required to operate

the ``laser'', including the power supply/conditioning and thermal
conditioning/heat exchanger, see 6A005.a.6.b.1 and 6A005.b.6; (2)
`Non-repetitive pulsed' refers to ``lasers'' that produce either a
single output pulse or that have a time interval between pulses
exceeding one minute, see Note 2 of 6A005 and 6A005.d.6.
Items:

    Note:
    1. Pulsed ``lasers'' include those that run in a continuous wave
(CW) mode with pulses superimposed.
    2. Excimer, semiconductor, chemical, CO, CO2, and
`non-repetitive pulsed' Nd:glass ``lasers'' are only specified by
6A005.d.

    Technical Note: `Non-repetitive pulsed' refers to ``lasers''
that produce either a single output pulse or that have a time
interval between pulses exceeding one minute.
    3. 6A005 includes fiber ``lasers''.
    4. The control status of ``lasers'' incorporating frequency
conversion (i.e., wavelength change) by means other than one
``laser'' pumping another ``laser'' is determined by applying the
control parameters for both the output of the source ``laser'' and
the frequency-converted optical output.
    5. 6A005 does not control ``lasers'' as follows:
    a. Ruby with output energy below 20 J;
    b. Nitrogen;
    c. Krypton.

    a. Non-``tunable'' continuous wave ``(CW) lasers'' having any of
the following:
    a.1. Output wavelength less than 150 nm and output power
exceeding 1W;
    a.2. Output wavelength of 150 nm or more but not exceeding 510
nm and output power exceeding 30 W;

    Note: 6A005.a.2 does not control Argon ``lasers'' having an
output power equal to or less than 50 W.

    a.3. Output wavelength exceeding 510 nm but not exceeding 540 nm
and any of the following:
    a.3.a. Single transverse mode output and output power exceeding
50 W; or
    a.3.b. Multiple transverse mode output and output power
exceeding 150 W;
    a.4. Output wavelength exceeding 540 nm but not exceeding 800 nm
and output power exceeding 30 W;
    a.5. Output wavelength exceeding 800 nm but not exceeding 975 nm
and any of the following:
    a.5.a. Single transverse mode output and output power exceeding
50 W; or
    a.5.b. Multiple transverse mode output and output power
exceeding 80 W;
    a.6. Output wavelength exceeding 975 nm but not exceeding 1,150
nm and any of the following;
    a.6.a. Single transverse mode output and output power exceeding
500 W; or
    a.6.b. Multiple transverse mode output and any of the following:
    a.6.b.1. `Wall-plug efficiency' exceeding 18% and output power
exceeding 500 W; or
    a.6.b.2. Output power exceeding 2 kW;

    Note 1:  6A005.a.6.b does not control multiple transverse mode,
industrial ``lasers'' with output power exceeding 2kW and not
exceeding 6 kW with a total mass greater than 1,200 kg. For the
purpose of this note, total mass includes all ``components''
required to operate the ``laser,'' e.g., ``laser,'' power supply,
heat exchanger, but excludes external optics for beam conditioning
and/or delivery.

    Note 2:  6A005.a.6.b does not apply to multiple transverse mode,
industrial ``lasers'' having any of the following:
    a. Output power exceeding 500 W but not exceeding 1 kW and
having all of the following:
    1. Beam Parameter Product (BPP) exceeding 0.7 mmmrad;
and
    2. `Brightness' not exceeding 1024 W/(mmmrad)\2\;
    b. Output power exceeding 1 kW but not exceeding 1.6 kW and
having a BPP exceeding 1.25 mmmrad;
    c. Output power exceeding 1.6 kW but not exceeding 2.5 kW and
having a BPP exceeding 1.7 mmmrad;
    d. Output power exceeding 2.5 kW but not exceeding 3.3 kW and
having a BPP exceeding 2.5 mmmrad;
    e. Output power exceeding 3.3 kW but not exceeding 4 kW and
having a BPP exceeding 3.5 mmmrad;
    f. Output power exceeding 4 kW but not exceeding 5 kW and having
a BPP exceeding 5 mmmrad;
    g. Output power exceeding 5 kW but not exceeding 6 kW and having
a BPP exceeding 7.2 mmmrad;
    h. Output power exceeding 6 kW but not exceeding 8 kW and having
a BPP exceeding 12 mmmrad; or
    i. Output power exceeding 8 kW but not exceeding 10 kW and
having a BPP exceeding 24 mmmrad;

    Technical Note:  For the purpose of 6A005.a.6.b, Note 2 (a)(2),
`brightness' is defined as the output power of the ``laser'' divided
by the squared Beam Parameter Product (BPP), i.e., (output power)/
BPP\2\.

    a.7. Output wavelength exceeding 1,150 nm but not exceeding
1,555 nm and any of the following:
    a.7.a. Single transverse mode and output power exceeding 50 W;
or
    a.7.b. Multiple transverse mode and output power exceeding 80 W;
    a.8. Output wavelength exceeding 1,555 nm but not exceeding
1,850 nm and output power exceeding 1 W;
    a.9. Output wavelength exceeding 1,850 nm but not exceeding
2,100 nm, and any of the following:
    a.9.a. Single transverse mode and output power exceeding 1 W; or
    a.9. b. Multiple transverse mode output and output power
exceeding 120 W; or
    a.10. Output wavelength exceeding 2,100 nm and output power
exceeding 1 W;
    b. Non-``tunable'' ``pulsed lasers'' having any of the
following:
    b.1. Output wavelength less than 150 nm and any of the
following:
    b.1.a. Output energy exceeding 50 mJ per pulse and ``peak
power'' exceeding 1 W; or
    b.1.b. ``Average output power'' exceeding 1 W;
    b.2. Output wavelength of 150 nm or more but not exceeding 510
nm and any of the following:
    b.2.a. Output energy exceeding 1.5 J per pulse and ``peak
power'' exceeding 30 W; or
    b.2.b. ``Average output power'' exceeding 30 W;

    Note: 6A005.b.2.b does not control Argon ``lasers'' having an
``average output power'' equal to or less than 50 W.

    b.3. Output wavelength exceeding 510 nm, but not exceeding 540
nm and any of the following:
    b.3.a. Single transverse mode output and any of the following:
    b.3.a.1. Output energy exceeding 1.5 J per pulse and ``peak
power'' exceeding 50 W; or
    b.3.a.2. ``Average output power'' exceeding 50 W; or
    b.3.b. Multiple transverse mode output and any of the following:
    b.3.b.1. Output energy exceeding 1.5 J per pulse and ``peak
power'' exceeding 150 W; or
    b.3.b.2. ``Average output power'' exceeding 150 W;
    b.4. Output wavelength exceeding 540 nm but not exceeding 800 nm
and any of the following:
    b.4.a. ``Pulse duration'' less than 1 ps and any of the
following:
    b.4.a.1. Output energy exceeding 0.005 J per pulse and ``peak
power'' exceeding 5 GW; or
    b.4.a.2. ``Average output power'' exceeding 20 W; or
    b.4.b. ``Pulse duration'' equal to or exceeding 1 ps and any of
the following:
    b.4.b.1. Output energy exceeding 1.5 J per pulse and ``peak
power'' exceeding 30 W; or
    b.4.b.2. ``Average output power'' exceeding 30 W;
    b.5. Output wavelength exceeding 800 nm but not exceeding 975 nm
and any of the following:
    b.5.a. ``Pulse duration'' less than 1ps and any of the
following:
    b.5.a.1. Output energy exceeding 0.005 J per pulse and ``peak
power'' exceeding 5 GW; or
    b.5.a.2. Single transverse mode output and ``average output
power'' exceeding 20 W;
    b.5.b. ``Pulse duration'' equal to or exceeding 1 ps and not
exceeding 1 [mu]s and any of the following:
    b.5.b.1. Output energy exceeding 0.5 J per pulse and ``peak
power'' exceeding 50 W;
    b.5.b.2. Single transverse mode output and ``average output
power'' exceeding 20 W; or
    b.5.b.3. Multiple transverse mode output and ``average output
power'' exceeding 50 W; or
    b.5.c. ``Pulse duration'' exceeding 1 [mu]s and any of the
following:
    b.5.c.1. Output energy exceeding 2 J per pulse and ``peak
power'' exceeding 50 W;
    b.5.c.2. Single transverse mode output and ``average output
power'' exceeding 50 W; or
    b.5.c.3. Multiple transverse mode output and ``average output
power'' exceeding 80 W.
    b.6. Output wavelength exceeding 975 nm but not exceeding 1,150
nm and any of the following:
    b.6.a. ``Pulse duration'' of less than 1 ps, and any of the
following:
    b.6.a.1. Output ``peak power'' exceeding 2 GW per pulse;

    b.6.a.2. ``Average output power'' exceeding 30 W; or
    b.6.a.3. Output energy exceeding 0.002 J per pulse;
    b.6.b. ``Pulse duration'' equal to or exceeding 1 ps and less
than 1 ns, and any of the following:
    b.6.b.1. Output ``peak power'' exceeding 5 GW per pulse;
    b.6.b.2. ``Average output power'' exceeding 50 W; or
    b.6.b.3. Output energy exceeding 0.1 J per pulse;
    b.6.c. ``Pulse duration'' equal to or exceeding 1 ns but not
exceeding 1 [mu]s and any of the following:
    b.6.c.1. Single transverse mode output and any of the following:
    b.6.c.1.a. ``Peak power'' exceeding 100 MW;
    b.6.c.1.b. ``Average output power'' exceeding 20 W limited by
design to a maximum pulse repetition frequency less than or equal to
1 kHz;
    b.6.c.1.c. `Wall-plug efficiency' exceeding 12%, ``average
output power'' exceeding 100 W and capable of operating at a pulse
repetition frequency greater than 1 kHz;
    b.6.c.1.d. ``Average output power'' exceeding 150 W and capable
of operating at a pulse repetition frequency greater than 1 kHz; or
    b.6.c.1.e. Output energy exceeding 2 J per pulse; or
    b.6.c.2. Multiple transverse mode output and any of the
following:
    b.6.c.2.a. ``Peak power'' exceeding 400 MW;
    b.6.c.2.b. `Wall-plug efficiency' exceeding 18% and ``average
output power'' exceeding 500 W;
    b.6.c.2.c. ``Average output power'' exceeding 2 kW; or
    b.6.c.2.d. Output energy exceeding 4 J per pulse; or
    b.6.d. ``Pulse duration'' exceeding 1 [mu]s and any of the
following:
    b.6.d.1. Single transverse mode output and any of the following:
    b.6.d.1.a. ``Peak power'' exceeding 500 kW;
    b.6.d.1.b. `Wall-plug efficiency' exceeding 12% and ``average
output power'' exceeding 100 W; or
    b.6.d.1.c. ``Average output power'' exceeding 150 W; or
    b.6.d.2. Multiple transverse mode output and any of the
following:
    b.6.d.2.a. ``Peak power'' exceeding 1 MW;
    b.6.d.2.b. `Wall-plug efficiency' exceeding 18% and ``average
output power'' exceeding 500 W; or
    b.6.d.2.c. ``Average output power'' exceeding 2 kW;
    b.7. Output wavelength exceeding 1,150 nm but not exceeding
1,555 nm and any of the following:
    b.7.a. ``Pulse duration'' not exceeding 1 [mu]s and any of the
following:
    b.7.a.1. Output energy exceeding 0.5 J per pulse and ``peak
power'' exceeding 50 W;
    b.7.a.2. Single transverse mode output and ``average output
power'' exceeding 20 W; or
    b.7.a.3. Multiple transverse mode output and ``average output
power'' exceeding 50 W; or
    b.7.b. ``Pulse duration'' exceeding 1 [mu]s and any of the
following:
    b.7.b.1. Output energy exceeding 2 J per pulse and ``peak
power'' exceeding 50 W;
    b.7.b.2. Single transverse mode output and ``average output
power'' exceeding 50 W; or
    b.7.b.3. Multiple transverse mode output and ``average output
power'' exceeding 80 W;
    b.8. Output wavelength exceeding 1,555 nm but not exceeding
1,850 nm, and any of the following:
    b.8.a. Output energy exceeding 100 mJ per pulse and ``peak
power'' exceeding 1 W; or
    b.8.b. ``Average output power'' exceeding 1 W;
    b.9. Output wavelength exceeding 1,850 nm but not exceeding
2,100 nm, and any of the following:
    b.9.a. Single transverse mode and any of the following:
    b.9.a.1. Output energy exceeding 100 mJ per pulse and ``peak
power'' exceeding 1 W; or
    b.9.a.2. ``Average output power'' exceeding 1 W;
    b.9.b. Multiple transverse mode and any of the following:
    b.9.b.1. Output energy exceeding 100 mJ per pulse and ``peak
power'' exceeding 10 kW; or
    b.9.b.2. ``Average output power'' exceeding 120 W; or
    b.10. Output wavelength exceeding 2,100 nm and any of the
following:
    b.10.a. Output energy exceeding 100 mJ per pulse and ``peak
power'' exceeding 1 W; or
    b.10.b. ``Average output power'' exceeding 1 W;
    c. ``Tunable'' lasers having any of the following:
    c.1. Output wavelength less than 600 nm and any of the
following:
    c.1.a. Output energy exceeding 50 mJ per pulse and ``peak
power'' exceeding 1 W; or
    c.1.b. Average or CW output power exceeding 1W;

    Note:  6A005.c.1 does not apply to dye ``lasers'' or other
liquid ``lasers,'' having a multimode output and a wavelength of 150
nm or more but not exceeding 600 nm and all of the following:
    1. Output energy less than 1.5 J per pulse or a ``peak power''
less than 20 W; and
    2. Average or CW output power less than 20 W.

    c.2. Output wavelength of 600 nm or more but not exceeding 1,400
nm, and any of the following:
    c.2.a. Output energy exceeding 1 J per pulse and ``peak power''
exceeding 20 W; or
    c.2.b. Average or CW output power exceeding 20 W; or
    c.3. Output wavelength exceeding 1,400 nm and any of the
following:
    c.3.a. Output energy exceeding 50 mJ per pulse and ``peak
power'' exceeding 1 W; or
    c.3.b. Average or CW output power exceeding 1 W;
    d. Other ``lasers'', not controlled by 6A005.a, 6A005.b, or
6A005.c as follows:
    d.1. Semiconductor ``lasers'' as follows:

    Note:
    1. 6A005.d.1 includes semiconductor ``lasers'' having optical
output connectors (e.g., fiber optic pigtails).
    2. The control status of semiconductor ``lasers'' ``specially
designed'' for other equipment is determined by the control status
of the other equipment.

    d.1.a. Individual single transverse mode semiconductor
``lasers'' having any of the following:
    d.1.a.1. Wavelength equal to or less than 1,510 nm and average
or CW output power, exceeding 1.5 W; or
    d.1.a.2. Wavelength greater than 1,510 nm and average or CW
output power, exceeding 500 mW;
    d.1.b. Individual, multiple-transverse mode semiconductor
``lasers'' having any of the following:
    d.1.b.1. Wavelength of less than 1,400 nm and average or CW
output power, exceeding 15 W;
    d.1.b.2. Wavelength equal to or greater than 1,400 nm and less
than 1,900 nm and average or CW output power, exceeding 2.5 W; or
    d.1.b.3. Wavelength equal to or greater than 1,900 nm and
average or CW output power, exceeding 1 W;
    d.1.c. Individual semiconductor ``laser'' `bars' having any of
the following:
    d.1.c.1. Wavelength of less than 1,400 nm and average or CW
output power, exceeding 100 W;
    d.1.c.2. Wavelength equal to or greater than 1,400 nm and less
than 1,900 nm and average or CW output power, exceeding 25 W; or
    d.1.c.3. Wavelength equal to or greater than 1,900 nm and
average or CW output power, exceeding 10 W;
    d.1.d. Semiconductor ``laser'' `stacked arrays' (two dimensional
arrays) having any of the following:
    d.1.d.1. Wavelength less than 1,400 nm and having any of the
following:
    d.1.d.1.a. Average or CW total output power less than 3 kW and
having average or CW output `power density' greater than 500 W/
cm\2\;
    d.1.d.1.b. Average or CW total output power equal to or
exceeding 3 kW but less than or equal to 5 kW, and having average or
CW output `power density' greater than 350W/cm\2\;
    d.1.d.1.c. Average or CW total output power exceeding 5 kW;
    d.1.d.1.d. Peak pulsed `power density' exceeding 2,500 W/cm\2\;
or

    Note:  6A005.d.1.d.1.d does not apply to epitaxially-fabricated
monolithic devices.

    d.1.d.1.e. Spatially coherent average or CW total output power,
greater than 150 W;
    d.1.d.2. Wavelength greater than or equal to 1,400 nm but less
than 1,900 nm, and having any of the following:
    d.1.d.2.a. Average or CW total output power less than 250 W and
average or CW output `power density' greater than 150 W/cm2;
    d.1.d.2.b. Average or CW total output power equal to or
exceeding 250 W but less than or equal to 500 W, and having average
or CW output `power density' greater than 50W/cm\2\;
    d.1.d.2.c. Average or CW total output power exceeding 500 W;
    d.1.d.2.d. Peak pulsed `power density' exceeding 500 W/cm\2\; or

    Note:  6A005.d.1.d.2.d does not apply to epitaxially-fabricated
monolithic devices.

    d.1.d.2.e. Spatially coherent average or CW total output power,
exceeding 15 W;
    d.1.d.3. Wavelength greater than or equal to 1,900 nm and having
any of the following:
    d.1.d.3.a. Average or CW output `power density' greater than 50
W/cm\2\;
    d.1.d.3.b. Average or CW output power greater than 10 W; or
    d.1.d.3.c. Spatially coherent average or CW total output power,
exceeding 1.5 W; or
    d.1.d.4. At least one ``laser'' `bar' specified by 6A005.d.1.c;

    Technical Note:  For the purposes of 6A005.d.1.d, `power
density' means the total ``laser'' output power divided by the
emitter surface area of the `stacked array'.

    d.1.e. Semiconductor ``laser'' `stacked arrays', other than
those specified by 6.A005.d.1.d., having all of the following:
    d.1.e.1. ``Specially designed'' or modified to be combined with
other `stacked arrays' to form a larger `stacked array'; and
    d.1.e.2. Integrated connections, common for both electronics and
cooling;

    Note 1:  `Stacked arrays', formed by combining semiconductor
``laser'' `stacked arrays' specified by 6A005.d.1.e, that are not
designed to be further combined or modified are specified by
6A005.d.1.d.

    Note 2:  `Stacked arrays', formed by combining semiconductor
``laser'' `stacked arrays' specified by 6A005.d.1.e, that are
designed to be further combined or modified are specified by
6A005.d.1.e.

    Note 3:  6A005.d.1.e does not apply to modular assemblies of
single `bars' designed to be fabricated into end to end stacked
linear arrays.

    Technical Notes:
    1. Semiconductor ``lasers'' are commonly called ``laser''
diodes.
    2. A `bar' (also called a semiconductor ``laser'' `bar', a
``laser'' diode `bar' or diode `bar') consists of multiple
semiconductor ``lasers'' in a one dimensional array.
    3. A `stacked array' consists of multiple `bars' forming a two
dimensional array of semiconductor ``lasers''.

    d.2. Carbon monoxide (CO) ``lasers'' having any of the
following:
    d.2.a. Output energy exceeding 2 J per pulse and ``peak power''
exceeding 5 kW; or
    d.2.b. Average or CW output power, exceeding 5 kW;
    d.3. Carbon dioxide (CO2) ``lasers'' having any of
the following:
    d.3.a. CW output power exceeding 15 kW;
    d.3.b. Pulsed output with ``pulse duration'' exceeding 10 [mu]s
and any of the following:
    d.3.b.1. ``Average output power'' exceeding 10 kW; or
    d.3.b.2. ``Peak power'' exceeding 100 kW; or
    d.3.c. Pulsed output with a ``pulse duration'' equal to or less
than 10 [mu]s and any of the following:
    d.3.c.1. Pulse energy exceeding 5 J per pulse; or
    d.3.c.2. ``Average output power'' exceeding 2.5 kW;
    d.4. Excimer ``lasers'' having any of the following:
    d.4.a. Output wavelength not exceeding 150 nm and any of the
following:
    d.4.a.1. Output energy exceeding 50 mJ per pulse; or
    d.4.a.2. ``Average output power'' exceeding 1 W;
    d.4.b. Output wavelength exceeding 150 nm but not exceeding 190
nm and any of the following:
    d.4.b.1. Output energy exceeding 1.5 J per pulse; or
    d.4.b.2. ``Average output power'' exceeding 120 W;
    d.4.c. Output wavelength exceeding 190 nm but not exceeding 360
nm and any of the following:
    d.4.c.1. Output energy exceeding 10 J per pulse; or
    d.4.c.2. ``Average output power'' exceeding 500 W; or
    d.4.d. Output wavelength exceeding 360 nm and any of the
following:
    d.4.d.1. Output energy exceeding 1.5 J per pulse; or
    d.4.d.2. ``Average output power'' exceeding 30 W;

    Note:  For excimer ``lasers'' ``specially designed'' for
lithography equipment, see 3B001.

    d.5. ``Chemical lasers'' as follows:
    d.5.a. Hydrogen Fluoride (HF) ``lasers';
    d.5.b. Deuterium Fluoride (DF) ``lasers'';
    d.5.c. ``Transfer lasers'' as follows:
    d.5.c.1. Oxygen Iodine (O2-I) ``lasers'';
    d.5.c.2. Deuterium Fluoride-Carbon dioxide (DF-CO2)
``lasers'';
    d.6. `Non-repetitive pulsed' Neodymium (Nd) glass ``lasers''
having any of the following:
    d.6.a. A ``pulse duration'' not exceeding 1 [mu]s and output
energy exceeding 50 J per pulse; or
    d.6.b. A ``pulse duration'' exceeding 1 [mu]s and output energy
exceeding 100 J per pulse;
    e. ``Components'' as follows:
    e.1. Mirrors cooled either by `active cooling' or by heat pipe
cooling;

    Technical Note:  `Active cooling' is a cooling technique for
optical ``components'' using flowing fluids within the subsurface
(nominally less than 1 mm below the optical surface) of the optical
component to remove heat from the optic.

    e.2. Optical mirrors or transmissive or partially transmissive
optical or electro-optical-''components,'' other than fused tapered
fiber combiners and Multi-Layer Dielectric gratings (MLDs),
``specially designed'' for use with controlled ``lasers'';

    Note to 6A005.e.2:  Fiber combiners and MLDs are specified by
6A005.e.3.
    e.3. Fiber ``laser'' ``components'' as follows:
    e.3.a. Multimode to multimode fused tapered fiber combiners
having all of the following:
    e.3.a.1. An insertion loss better (less) than or equal to 0.3 dB
maintained at a rated total average or CW output power (excluding
output power transmitted through the single mode core if present)
exceeding 1,000 W; and
    e.3.a.2. Number of input fibers equal to or greater than 3;
    e.3.b. Single mode to multimode fused tapered fiber combiners
having all of the following:
    e.3.b.1. An insertion loss better (less) than 0.5 dB maintained
at a rated total average or CW output power exceeding 4,600 W;
    e.3.b.2. Number of input fibers equal to or greater than 3; and
    e.3.b.3. Having any of the following:
    e.3.b.3.a. A Beam Parameter Product (BPP) measured at the output
not exceeding 1.5 mm mrad for a number of input fibers less than or
equal to 5; or
    e.3.b.3.b. A BPP measured at the output not exceeding 2.5 mm
mrad for a number of input fibers greater than 5;
    e.3.c. MLDs having all of the following:
    e.3.c.1. Designed for spectral or coherent beam combination of 5
or more fiber ``lasers;'' and
    e.3.c.2. CW ``Laser'' Induced Damage Threshold (LIDT) greater
than or equal to 10 kW/cm\2\;
    f. Optical equipment as follows:
    N.B.: For shared aperture optical elements, capable of operating
in ``Super-High Power Laser'' (``SHPL'') applications, see the U.S.
Munitions List (22 CFR part 121).
    f.1. Dynamic wavefront (phase) measuring equipment capable of
mapping at least 50 positions on a beam wavefront having any the
following:
    f.1.a. Frame rates equal to or more than 100 Hz and phase
discrimination of at least 5% of the beam's wavelength; or
    f.1.b. Frame rates equal to or more than 1,000 Hz and phase
discrimination of at least 20% of the beam's wavelength;
    f.2. ``Laser'' diagnostic equipment capable of measuring
``SHPL'' system angular beam steering errors of equal to or less
than 10 [mu]rad;
    f.3. Optical equipment and ``components,'' ``specially
designed'' for a phased-array ``SHPL'' system for coherent beam
combination to an ``accuracy'' of [lambda]/10 at the designed
wavelength, or 0.1 [mu]m, whichever is the smaller;
    f.4. Projection telescopes ``specially designed'' for use with
``SHPL'' systems;
    g. `Laser acoustic detection equipment' having all of the
following:
    g.1. CW ``laser'' output power greater than or equal to 20 mW;
    g.2. ``Laser'' frequency stability equal to or better (less)
than 10 MHz;
    g.3. ``Laser'' wavelengths equal to or exceeding 1,000 nm but
not exceeding 2,000 nm;
    g.4. Optical system resolution better (less) than 1 nm; and
    g.5. Optical Signal to Noise ratio equal or exceeding to 10\3\.

    Technical Note:  `Laser acoustic detection equipment' is
sometimes referred to as a ``Laser'' Microphone or Particle Flow
Detection Microphone.

0
45. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6, ECCN 6A008 is revised to read as follows:

6A008 Radar systems, equipment and assemblies, having any of the
following (see List of Items Controlled), and ``specially designed''
``components'' therefor.

License Requirements

Reason for Control: NS, MT, RS, AT

                                              Country chart (See Supp.
                Control(s)                        No.1 to part 738)

NS applies to entire entry................  NS Column 2
MT applies to items that are designed for   MT Column 1
 airborne applications and that are usable
 in systems controlled for MT reasons.
RS applies to 6A008.j.1...................  RS Column 1
AT applies to entire entry................  AT Column 1

Reporting Requirements

See Sec.  743.1 of the EAR for reporting requirements for exports
under License Exceptions, and Validated End-User authorizations

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

LVS: $5000; N/A for MT and for 6A008.j.1.
GBS: Yes, for 6A008.b, .c, and l.1 only
CIV: Yes, for 6A008.b, .c, and l.1 only

Special Conditions for STA

STA: License Exception STA may not be used to ship any commodity in
6A008.d, 6A008.h or 6A008.k to any of the destinations listed in
Country Group A:6 (See Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: (1) See also ECCNs 6A108 and 6A998. ECCN 6A998
controls, inter alia, the Light Detection and Ranging (LIDAR)
equipment excluded by the note to paragraph j of this ECCN (6A008).
(2) See USML Category XII(b) for certain LIDAR, Laser Detection and
Ranging (LADAR), or range-gated systems subject to the ITAR.
Related Definitions: N/A
Items:

    Note:  6A008 does not control:
    --Secondary surveillance radar (SSR);
    --Civil Automotive Radar;
    --Displays or monitors used for air traffic control (ATC);
    --Meteorological (weather) radar;
    --Precision Approach Radar (PAR) equipment conforming to ICAO
standards and employing electronically steerable linear (1-
dimensional) arrays or mechanically positioned passive antennas.

    a. Operating at frequencies from 40 GHz to 230 GHz and having
any of the following:
    a.1. An ``average output power'' exceeding 100 mW; or
    a.2. Locating ``accuracy'' of 1 m or less (better) in range and
0.2 degree or less (better) in azimuth;
    b. A tunable bandwidth exceeding 6.25% of the
`center operating frequency';

    Technical Note:  The `center operating frequency' equals one
half of the sum of the highest plus the lowest specified operating
frequencies.

    c. Capable of operating simultaneously on more than two carrier
frequencies;
    d. Capable of operating in synthetic aperture (SAR), inverse
synthetic aperture (ISAR) radar mode, or sidelooking airborne (SLAR)
radar mode;
    e. Incorporating electronically steerable array antennas;
    f. Capable of heightfinding non-cooperative targets;
    g. ``Specially designed'' for airborne (balloon or airframe
mounted) operation and having Doppler ``signal processing'' for the
detection of moving targets;
    h. Employing processing of radar signals and using any of the
following:
    h.1. ``Radar spread spectrum'' techniques; or
    h.2. ``Radar frequency agility'' techniques;
    i. Providing ground-based operation with a maximum
``instrumented range'' exceeding 185 km;

    Note:  6A008.i does not control:
    a. Fishing ground surveillance radar;
    b. Ground radar equipment ``specially designed'' for en route
air traffic control, and having all of the following:
    1. A maximum ``instrumented range'' of 500 km or less;
    2. Configured so that radar target data can be transmitted only
one way from the radar site to one or more civil ATC centers;
    3. Contains no provisions for remote control of the radar scan
rate from the en route ATC center; and
    4. Permanently installed;
    c. Weather balloon tracking radars.

    j. Being ``laser'' radar or Light Detection and Ranging (LIDAR)
equipment and having any of the following:
    j.1. ``Space-qualified'';
    j.2. Employing coherent heterodyne or homodyne detection
techniques and having an angular resolution of less (better) than 20
[mu]rad (microradians); or
    j.3. Designed for carrying out airborne bathymetric littoral
surveys to International Hydrographic Organization (IHO) Order 1a
Standard (5th Edition February 2008) for Hydrographic Surveys or
better, and using one or more ``lasers'' with a wavelength exceeding
400 nm but not exceeding 600 nm;

    Note 1:  LIDAR equipment ``specially designed'' for surveying is
only specified by 6A008.j.3.

    Note 2:  6A008.j does not apply to LIDAR equipment ``specially
designed'' for meteorological observation.

    Note 3:  Parameters in the IHO Order 1a Standard 5th Edition
February 2008 are summarized as follows:
    Horizontal Accuracy (95% Confidence Level) = 5 m + 5% of depth.
    Depth Accuracy for Reduced Depths (95% confidence level) =
[radic](a\2\+(b*d)\2\) where:
    a = 0.5 m = constant depth error, i.e. the sum of all constant
depth errors
    b = 0.013 = factor of depth dependant error
    b*d = depth dependant error, i.e. the sum of all depth dependant
errors
    d = depth
    Feature Detection = Cubic features > 2 m in depths up to 40 m;
10% of depth beyond 40 m.

    k. Having ``signal processing'' sub-systems using ``pulse
compression'' and having any of the following:
    k.1. A ``pulse compression'' ratio exceeding 150; or
    k.2. A compressed pulse width of less than 200 ns; or

    Note:  6A008.k.2 does not apply to two dimensional `marine
radar' or `vessel traffic service' radar, having all of the
following:
    a. ``Pulse compression'' ratio not exceeding 150;
    b. Compressed pulse width of greater than 30 ns;
    c. Single and rotating mechanically scanned antenna;
    d. Peak output power not exceeding 250 W; and
    e. Not capable of ``frequency hopping''.

    l. Having data processing sub-systems and having any of the
following:
    l.1. ``Automatic target tracking'' providing, at any antenna
rotation, the predicted target position beyond the time of the next
antenna beam passage; or

    Note:  6A008.l.1 does not control conflict alert capability in
ATC systems, or `marine radar'.

    l.2. [Reserved]
    l.3. [Reserved]
    l.4. Configured to provide superposition and correlation, or
fusion, of target data within six seconds from two or more
``geographically dispersed'' radar sensors to improve the aggregate
performance beyond that of any single sensor specified by 6A008.f,
or 6A008.i.
    N.B.: See also the U.S. Munitions List (22 CFR part 121).

    Note:  6A008.l does not apply to systems, equipment and
assemblies designed for `vessel traffic services'.

    Technical Notes:
    1. For the purposes of 6A008, `marine radar' is a radar that is
used to navigate safely at sea, inland waterways or near-shore
environments.
    2. For the purposes of 6A008, `vessel traffic service' is a
vessel traffic monitoring and control service similar to air traffic
control for ``aircraft.''

0
46. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6, ECCN 6D003 is revised to read as follows:

6D003 Other ``software'' as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT

                                              Country chart (See Supp.
                Control(s)                        No.1 to part 738)

NS applies to entire entry................  NS Column 1
RS applies to paragraph c.................  RS Column 1
AT applies to entire entry................  AT Column 1

Reporting Requirements

See Sec.  743.1 of the EAR for reporting requirements for exports
under License Exceptions, and Validated End-User authorizations

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

CIV: Yes for 6D003.h.1
TSR: Yes, except for 6D003.c and exports or reexports to
destinations outside of those countries listed in Country Group A:5
(See Supplement No. 1 to part 740 of the EAR) of ``software'' for
items controlled by 6D003.a.

Special Conditions for STA

STA: License Exception STA may not be used to ship or transmit
software in 6D003.a to any of the destinations listed in Country
Group A:6 (See Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: See also ECCNs 6D103, 6D991, and 6D993.
Related Definitions: N/A
Items:

Acoustics

    a. ``Software'' as follows:
    a.1. ``Software'' ``specially designed'' for acoustic beam
forming for the ``real-time processing'' of acoustic data for
passive reception using towed hydrophone arrays;
    a.2. ``Source code'' for the ``real-time processing'' of
acoustic data for passive reception using towed hydrophone arrays;
    a.3. ``Software'' ``specially designed'' for acoustic beam
forming for the ``real-time processing'' of acoustic data for
passive reception using bottom or bay cable systems;
    a.4. ``Source code'' for the ``real-time processing'' of
acoustic data for passive reception using bottom or bay cable
systems;
    a.5. ``Software'' or ``source code'', ``specially designed'' for
all of the following:
    a.5.a. ``Real-time processing'' of acoustic data from sonar
systems controlled by 6A001.a.1.e; and
    a.5.b. Automatically detecting, classifying and determining the
location of divers or swimmers;
    N.B.: For diver detection ``software'' or ``source code'',
``specially designed'' or modified for military use, see the U.S.
Munitions List of the International Traffic in Arms Regulations
(ITAR) (22 CFR part 121).
    b. Optical sensors. None.

Cameras

    c. ``Software'' designed or modified for cameras incorporating
``focal plane arrays'' specified by 6A002.a.3.f and designed or
modified to remove a frame rate restriction and allow the camera to
exceed the frame rate specified in 6A003.b.4 Note 3.a;

Optics

    d. ``Software'' specially designed to maintain the alignment and
phasing of segmented mirror systems consisting of mirror segments
having a diameter or major axis length equal to or larger than 1 m;
    e. Lasers. None.

Magnetic and Electric Field Sensors

    f. ``Software'' as follows:
    f.1. ``Software'' ``specially designed'' for magnetic and
electric field ``compensation systems'' for magnetic sensors
designed to operate on mobile platforms;
    f.2. ``Software'' ``specially designed'' for magnetic and
electric field anomaly detection on mobile platforms;
    f.3. ``Software'' ``specially designed'' for ``real-time
processing'' of electromagnetic data using underwater
electromagnetic receivers specified by 6A006.e;
    f.4. ``Source code'' for ``real-time processing'' of
electromagnetic data using underwater electromagnetic receivers
specified by 6A006.e;

Gravimeters

    g. ``Software'' ``specially designed'' to correct motional
influences of gravity meters or gravity gradiometers;

Radar

    h. ``Software'' as follows:
    h.1. Air Traffic Control (ATC) ``software'' application
``programs'' designed to be hosted on general purpose computers
located at Air Traffic Control centers and capable of accepting
radar target data from more than four primary radars;
    h.2. ``Software'' for the design or ``production'' of radomes
and having all of the following:
    h.2.a. ``Specially designed'' to protect the ``electronically
steerable phased array antennae'' controlled by 6A008.e.; and
    h.2.b. Resulting in an antenna pattern having an `average side
lobe level' more than 40 dB below the peak of the main beam level.

    Technical Note:  `Average side lobe level' in 6D003.h.2.b is
measured over the entire array excluding the angular extent of the
main beam and the first two side lobes on either side of the main
beam.

0
47. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6, ECCN 6E003 is revised to read as follows:

6E003 Other ``technology'' as follows (see List of Items
Controlled).

License Requirements

Reason for Control: NS, AT

                                              Country chart (See Supp.
                Control(s)                        No.1 to part 738)

NS applies to entire entry................  NS Column 1
AT applies to entire entry................  AT Column 1

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

CIV: N/A
TSR: Yes

List of Items Controlled

Related Controls: See also 6E993
Related Definitions: N/A
Items:

Acoustics

    a. [Reserved]

Optical Sensors

    b. [Reserved]

Cameras

    c. [Reserved]

Optics

    d. ``Technology'' as follows:
    d.1. ``Technology'' ``required'' for the coating and treatment
of optical surfaces to achieve an `optical thickness' uniformity of
99.5% or better for optical coatings 500 mm or more in diameter or
major axis length and with a total loss (absorption and scatter) of
less than 5 x 10-3;
    N.B.: See also 2E003.f.

    Technical Note:  `Optical thickness' is the mathematical product
of the index of refraction and the physical thickness of the
coating.

    d.2. ``Technology'' for the fabrication of optics using single
point diamond turning techniques to produce surface finish
``accuracies'' of better than 10 nm rms on non-planar surfaces
exceeding 0.5 m\2\;

Lasers

    e. ``Technology'' ``required'' for the ``development,''
``production'' or ``use'' of ``specially designed'' diagnostic
instruments or targets in test facilities for ``SHPL'' testing or
testing or evaluation of materials irradiated by ``SHPL'' beams;

Magnetic and Electric Field Sensors

    f. [Reserved]

Gravimeters

    g. [Reserved]

Radar

    h. [Reserved]

0
48. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7, ECCN 7D003 is revised to read as follows:

7D003 Other ``software'' as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, MT, AT

                                              Country chart (See Supp.
                Control(s)                        No.1 to part 738)

NS applies to entire entry................  NS Column 1
MT applies to ``software'' for equipment    MT Column 1
 controlled for MT reasons. MT does not
 apply to ``software'' for equipment
 controlled by 7A008.
AT applies to entire entry................  AT Column 1

Reporting Requirements

See Sec.  743.1 of the EAR for reporting requirements for exports
under License

Exceptions, and Validated End-User authorizations.

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

    CIV: N/A
    TSR: N/A

Special Conditions for STA

STA: License Exception STA may not be used to ship or transmit
software in 7D003.a or .b to any of the destinations listed in
Country Group A:6 (See Supplement No. 1 to part 740 of the EAR).

List of Items Controlled

Related Controls: See also 7D103 and 7D994.
Related Definitions: `Data-Based Referenced Navigation' (`DBRN')
systems are systems which use various sources of previously measured
geo-mapping data integrated to provide accurate navigation
information under dynamic conditions. Data sources include
bathymetric maps, stellar maps, gravity maps, magnetic maps or 3-D
digital terrain maps.
Items:

    a. ``Software'' ``specially designed'' or modified to improve
the operational performance or reduce the navigational error of
systems to the levels controlled by 7A003, 7A004 or 7A008;
    b. ``Source code'' for hybrid integrated systems which improves
the operational performance or reduces the navigational error of
systems to the level controlled by 7A003 or 7A008 by continuously
combining heading data with any of the following:
    b.1. Doppler radar or sonar velocity data;
    b.2. Global Navigation Satellite Systems (GNSS) reference data;
or
    b.3. Data from `Data-Based Referenced Navigation' (`DBRN'')
systems;
    c. [Reserved]
    d. [Reserved]
    N.B. For flight control ``source code,'' see 7D004.
    e. Computer-Aided-Design (CAD) ``software'' ``specially
designed'' for the ``development'' of ``active flight control
systems'', helicopter multi-axis fly-by-wire or fly-by-light
controllers or helicopter ``circulation controlled anti-torque or
circulation-controlled direction control systems'', whose
``technology'' is controlled by 7E004.b.1, 7E004.b.3 to b.5,
7E004.b.7 to b.8, 7E004.c.1 or 7E004.c.2.

0
49. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7, ECCN 7D004 is revised to read as follows:

7D004 ``Source code'' incorporating ``development'' ``technology''
specified by 7E004.a.2, a.3, a.5, a.6 or 7E004.b, for any of the
following: (see List of Items Controlled).

License Requirements

Reason for Control: NS, AT

                                              Country chart (See Supp.
                Control(s)                        No.1 to part 738)

NS applies to entire entry................  NS Column 1
AT applies to entire entry................  AT Column 1

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

CIV: N/A
TSR: N/A

Special Conditions for STA

STA: License Exception STA may not be used to ship or transmit
``software'' in 7D004.a to .d and .g to any of the destinations
listed in Country Group A:6 (See Supplement No. 1 to part 740 of the
EAR).

List of Items Controlled

Related Controls: See 7D103 and 7D994
Related Definitions: N/A
Items:

    a. Digital flight management systems for ``total control of
flight'';
    b. Integrated propulsion and flight control systems;
    c. ``Fly-by-wire systems'' or ``fly-by-light systems``;
    d. Fault-tolerant or self-reconfiguring ``active flight control
systems'';
    e. [Reserved];
    f. Air data systems based on surface static data; or
    g. Three dimensional displays.

    Note: 7D004 does not apply to ``source code'' associated with
common computer elements and utilities (e.g., input signal
acquisition, output signal transmission, computer program and data
loading, built-in test, task scheduling mechanisms) not providing a
specific flight control system function.

0
50. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7, ECCN 7E001 is revised to read as follows:

7E001 ``Technology'' according to the General Technology Note for
the ``development'' of equipment or ``software,'' specified by 7A.
(except 7A994), 7B. (except 7B994), 7D001, 7D002, 7D003 or 7D005.

License Requirements

Reason for Control: NS, MT, RS, AT

                                              Country chart (See Supp.
                Control(s)                        No.1 to part 738)

NS applies to ``technology'' for items      NS Column 1
 controlled by 7A001 to 7A004, 7A006,
 7A008, 7B001 to 7B003, 7D001 to 7D005.
MT applies to technology for equipment      MT Column 1
 controlled for MT reasons. MT does not
 apply to ``technology'' for equipment
 controlled by 7A008. MT does apply to
 ``technology'' for equipment specified in
 7A001, 7A002 or 7A003.d that meets or
 exceeds parameters of 7A101, 7A102 or
 7A103.
RS applies to ``technology'' for inertial   RS Column 1
 navigation systems or inertial equipment,
 and ``components'' therefor, for 9A991.b
 aircraft.
AT applies to entire entry................  AT Column 1

Reporting Requirements

See Sec.  743.1 of the EAR for reporting requirements for exports
under License Exceptions, and Validated End-User authorizations.

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

CIV: N/A
TSR: N/A

Special Conditions for STA

STA: License Exception STA may not be used to ship or transmit any
technology in this entry to any of the destinations listed in
Country Group A:6 (See Supplement No. 1 to part 740 of the EAR).

List of Items Controlled

Related Controls: (1) See also 7E101 and 7E994. (2) The
``technology'' related to 7A003.b, 7A005, 7A103.b, 7A105, 7A106,
7A115, 7A116, 7A117, 7B103, software in 7D101 specified in the
Related Controls paragraph of ECCN 7D101, 7D102.a, or 7D103 is
``subject to the ITAR'' (see 22 CFR parts 120 through 130).
Related Definitions: N/A
Items:

    The list of items controlled is contained in the ECCN heading.

    Note: 7E001 includes key management ``technology'' exclusively
for equipment specified in 7A005.a.

0
51. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7, ECCN 7E003 is revised to read as follows:

7E003 ``Technology'' according to the General Technology Note for
the repair, refurbishing or overhaul of equipment controlled by
7A001 to 7A004.

License Requirements

Reason for Control: NS, MT, AT

                                              Country chart (See Supp.
                Control(s)                        No.1 to part 738)

NS applies to entire entry................  NS Column 1
MT applies to entire entry................  MT Column 1
AT applies to entire entry................  AT Column 1

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

CIV: N/A
TSR: N/A

List of Items Controlled

Related Controls: See also 7E994. This entry does not control
``technology'' for maintenance directly associated with calibration,
removal or replacement of damaged or unserviceable LRUs and SRAs of
a ``civil aircraft'' as described in `Maintenance Level I' or
`Maintenance Level II'.
Related Definition: Refer to the Related Definitions for 7B001 for
`Maintenance Level I' or `Maintenance Level II'.
Items:

    The list of items controlled is contained in the ECCN heading.

0
52. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7, ECCN 7E004 is revised to read as follows:

7E004 Other ``technology'' as follows (see List of Items
Controlled).

License Requirements

Reason for Control: NS, MT, AT

                                              Country chart (See Supp.
                Control(s)                        No.1 to part 738)

NS applies to entire entry................  NS Column 1
MT applies to ``technology'' for equipment  MT Column 1
 or systems controlled for MT reasons.
AT applies to entire entry................  AT Column 1

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

CIV: N/A
TSR: N/A

Special Conditions for STA

STA: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for 7E004, except for
7E004.a.7. (2) Paragraph (c)(2) of License Exception STA (Sec.
740.20(c)(2) of the EAR) may not be used for 7E004, except for
7E004.a.7.

List of Items Controlled

Related Controls: (1) See also 7E001, 7E002, 7E101, and 7E994. (2)
In addition to the Related Controls in 7E001, 7E002, and 7E101 that
include MT controls, also see the MT controls in 7E104 for design
``technology'' for the integration of the flight control, guidance,
and propulsion data into a flight management system, designed or
modified for rockets or missiles capable of achieving a ``range''
equal to or greater than 300 km, for optimization of rocket system
trajectory; and also see 9E101 for design ``technology'' for
integration of air vehicle fuselage, propulsion system and lifting
control surfaces, designed or modified for unmanned aerial vehicles
capable of achieving a ``range'' equal to or greater than 300 km, to
optimize aerodynamic performance throughout the flight regime of an
unmanned aerial vehicle.
Related Definitions: ``Primary flight control'' means an
``aircraft'' stability or maneuvering control using force/moment
generators, i.e., aerodynamic control surfaces or propulsive thrust
vectoring.
Items:

    a. ``Technology'' for the ``development'' or ``production'' of
any of the following:
    a.1. [Reserved]
    a.2. Air data systems based on surface static data only, i.e.,
which dispense with conventional air data probes;
    a.3. Three dimensional displays for ``aircraft'';
    a.4. [Reserved]
    a.5. Electric actuators (i.e., electromechanical,
electrohydrostatic and integrated actuator package) ``specially
designed'' for ``primary flight control'';
    a.6. ``Flight control optical sensor array'' ``specially
designed'' for implementing ``active flight control systems''; or
    a.7. ``DBRN'' systems designed to navigate underwater, using
sonar or gravity databases, that provide a positioning ``accuracy''
equal to or less (better) than 0.4 nautical miles;
    b. ``Development'' ``technology'', as follows, for ``active
flight control systems'' (including ``fly-by-wire systems'' or
``fly-by-light systems''):
    b.1. Photonic-based ``technology'' for sensing ``aircraft'' or
flight control component state, transferring flight control data, or
commanding actuator movement, ``required'' for ``fly-by-light
systems'' ``active flight control systems'';
    b.2. [Reserved]
    b.3. Real-time algorithms to analyze component sensor
information to predict and preemptively mitigate impending
degradation and failures of components within an ``active flight
control system'';

    Note: 7E004.b.3 does not include algorithms for purpose of off-
line maintenance.

    b.4. Real-time algorithms to identify component failures and
reconfigure force and moment controls to mitigate ``active flight
control system'' degradations and failures;

    Note: 7E004.b.4 does not include algorithms for the elimination
of fault effects through comparison of redundant data sources, or
off-line pre-planned responses to anticipated failures.

    b.5. Integration of digital flight control, navigation and
propulsion control data, into a digital flight management system for
``total control of flight'';

    Note: 7E004.b.5 does not apply to:
    1. ``Technology'' for integration of digital flight control,
navigation and propulsion control data, into a digital flight
management system for ``flight path optimization'';
    2. ``Technology'' for ``aircraft'' flight instrument systems
integrated solely for VOR, DME, ILS or MLS navigation or approaches.

    b.6. [Reserved]
    b.7. ``Technology'' ``required'' for deriving the functional
requirements for ``fly-by-wire systems'' having all of the
following:
    b.7.a. `Inner-loop' airframe stability controls requiring loop
closure rates of 40 Hz or greater; and

    Technical Note: `Inner-loop' refers to functions of ``active
flight control systems'' that automate airframe stability controls.

    b.7.b. Having any of the following:
    b.7.b.1. Corrects an aerodynamically unstable airframe, measured
at any point in the design flight envelope, that would lose
recoverable control if not corrected within 0.5 seconds;
    b.7.b.2. Couples controls in two or more axes while compensating
for `abnormal changes in aircraft state';

    Technical Note: `Abnormal changes in aircraft state' include in-
flight structural damage, loss of engine thrust, disabled control
surface, or destabilizing shifts in cargo load.

    b.7.b.3. Performs the functions specified in 7E004.b.5; or

    Note: 7E004.b.7.b.3 does not apply to autopilots.

    b.7.b.4. Enables ''aircraft'' to have stable controlled flight,
other than during take-off or landing, at greater than 18 degrees
angle of attack, 15 degrees side slip, 15 degrees/second pitch or
yaw rate, or 90 degrees/second roll rate;
    b.8. ``Technology'' ``required'' for deriving the functional
requirements of ``fly-by-wire systems'' to achieve all of the
following:
    b.8.a. No loss of control of the ''aircraft'' in the event of a
consecutive sequence of any two individual faults within the ``fly-
by-wire system''; and
    b.8.b. Probability of loss of control of the ''aircraft'' being
less (better) than 1 x 10-9 failures per flight hour;

    Note: 7E004.b does not apply to ``technology'' associated with
common computer elements and utilities (e.g., input signal
acquisition, output signal transmission, computer program and data
loading, built-in test, task scheduling mechanisms) not providing a
specific flight control system function.

    c. ``Technology'' for the ``development'' of helicopter systems,
as follows:
    c.1. Multi-axis fly-by-wire or fly-by-light controllers, which
combine the functions of at least two of the following into one
controlling element:
    c.1.a. Collective controls;
    c.1.b. Cyclic controls;
    c.1.c. Yaw controls;
    c.2. ``Circulation-controlled anti-torque or circulation-
controlled direction control systems'';

    c.3. Rotor blades incorporating ``variable geometry airfoils'',
for use in systems using individual blade control.

0
53. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 8, ECCN 8A002 is revised to read as follows:

8A002 Marine systems, equipment, ``parts'' and ``components,'' as
follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, AT

                                              Country chart  (see Supp.
                Control(s)                       No. 1 to  part 738)

NS applies to entire entry................  NS Column 2
AT applies to entire entry................  AT Column 1

Reporting Requirements

See Sec.  743.1 of the EAR for reporting requirements for exports
under License Exceptions, and Validated End-User authorizations

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

LVS: $5000; N/A for 8A002.o.3.b
GBS: Yes for manipulators for civil end uses (e.g., underwater oil,
gas or mining operations) controlled by 8A002.i.2 and having 5
degrees of freedom of movement; and 8A002.r.
CIV: Yes for manipulators for civil end uses (e.g., underwater oil,
gas or mining operations) controlled by 8A002.i.2 and having 5
degrees of freedom of movement; and 8A002.r.

Special Conditions for STA

STA: License Exception STA may not be used to ship any commodity in
8A002.b, h, j, o.3, or p to any of the destinations listed in
Country Group A:6 (See Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: (1) See also 8A992 and for underwater
communications systems, see Category 5, Part I--Telecommunications.
(2) See also 8A992 for self-contained underwater breathing apparatus
that is not controlled by 8A002 or released for control by the
8A002.q Note. (3) For electronic imaging systems ``specially
designed'' or modified for underwater use incorporating image
intensifier tubes specified by 6A002.a.2.a or 6A002.a.2.b, see
6A003.b.3. (4) For electronic imaging systems ``specially designed''
or modified for underwater use incorporating ``focal plane arrays''
specified by 6A002.a.3.g, see 6A003.b.4.c. (5) Section 744.9 imposes
a license requirement on commodities described in 8A002.d if being
exported, reexported, or transferred (in-country) for use by a
military end-user or for incorporation into an item controlled by
ECCN 0A919.
Related Definitions: N/A
Items:

    a. Systems, equipment, ``parts'' and ``components,'' ``specially
designed'' or modified for submersible vehicles and designed to
operate at depths exceeding 1,000 m, as follows:
    a.1. Pressure housings or pressure hulls with a maximum inside
chamber diameter exceeding 1.5 m;
    a.2. Direct current propulsion motors or thrusters;
    a.3. Umbilical cables, and connectors therefor, using optical
fiber and having synthetic strength members;
    a.4. ``Parts'' and ``components'' manufactured from material
specified by ECCN 8C001;

    Technical Note: The objective of 8A002.a.4 should not be
defeated by the export of `syntactic foam' controlled by 8C001 when
an intermediate stage of manufacture has been performed and it is
not yet in its final component form.

    b. Systems ``specially designed'' or modified for the automated
control of the motion of submersible vehicles controlled by 8A001,
using navigation data, having closed loop servo-controls and having
any of the following:
    b.1. Enabling a vehicle to move within 10 m of a predetermined
point in the water column;
    b.2. Maintaining the position of the vehicle within 10 m of a
predetermined point in the water column; or
    b.3. Maintaining the position of the vehicle within 10 m while
following a cable on or under the seabed;
    c. Fiber optic pressure hull penetrators;
    d. Underwater vision systems ``specially designed'' or modified
for remote operation with an underwater vehicle, employing
techniques to minimize the effects of back scatter and including
range-gated illuminators or ``laser'' systems;
    e. [Reserved]
    f. [Reserved]
    g. Light systems ``specially designed'' or modified for
underwater use, as follows:
    g.1. Stroboscopic light systems capable of a light output energy
of more than 300 J per flash and a flash rate of more than 5 flashes
per second;
    g.2. Argon arc light systems ``specially designed'' for use