``technology'' or source code may not be transferred to other foreign
persons without prior U.S. Government authorization.
    (4) Exclusions. (i) No ``technology'' or source code may be
released to a foreign national for purposes of establishing or
producing items subject to the EAR;
    (ii) No ``technology'' or source code may be released to a foreign
person subject to a part 744 end-use or end-user control or where the
release would otherwise be inconsistent with part 744; and
    (iii) No ``technology'' or source code controlled for ``EI''
(encryption) or ``MT'' (Missile Technology) reasons may be released
under this paragraph (f).
    (g) Copies of technology previously authorized for export to same
recipient. This paragraph authorizes the export, reexport, or transfer
(in-country) of copies of technology previously authorized for export,
reexport, or in-country transfer to the same recipient. This paragraph
also authorizes the export, reexport, or transfer (in-country) of
revised copies of such technology provided the following four
conditions are met:
    (1) The item that the technology pertains to is the identical item;
    (2) The revisions to the technology are solely editorial and do not
add to the content of technology previously exported, reexported, or
transferred (in-country) or authorized for export, reexport, or
transfer (in-country) to the same recipient;
    (3) The same recipient is not currently subject to an end-use
control under the EAR (e.g., being subject to a Denial Order or Listed
on the Entity List in Supplement No. 4 to part 744); and
    (4) The exporter, reexporter, or transferor has reason to believe
the same recipient has used the technology in accordance with the
original authorization.
    13. Section 740.20 is revised to read as follows:

Sec.  740.20  License Exception Strategic Trade Authorization (STA).

* * * * *
    (c) * * *

    Note 2 to paragraph (c). License Exception STA under Sec.
740.20(c)(1) may be used to authorize the export, reexport, or
transfer (in-country) of ``600 series'' items only if the purchaser,
intermediate consignee, ultimate consignee, and end user have
previously been approved on a license issued by BIS or the
Directorate of Defense Trade Controls (DDTC), U.S. Department of
State.

* * * * *
    (d) * * *
    (1) * * *
    (2) Prior consignee statement.
* * * * *
    (vi) For ``600 series items,'' confirms that the items are for
ultimate end use by a government of a country listed in Sec.
740.20(c)(1), the United States Government, or a person in the United
States, and agrees to permit an end-use check.

PART 742--[AMENDED]

    14. The authority citations paragraph for part 742 continues to
read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12058,
43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3
CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp.,
p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential
Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003;
Notice of August 12, 2011, 76 FR 50661 (August 16, 2011); Notice of
November 9, 2011, 76 FR 70319 (November 10, 2011).

    15. Section 742.6 is revised to read as follows:

Sec.  742.6  Regional stability.

    (a) * * *
* * * * *
    (b) Licensing policy. Applications for exports and reexports of
``600 series'' items will be reviewed on a case-by-case basis to
determine whether the transaction is contrary to the national security
or foreign policy interests of the United States. Other applications
for exports and reexports described in paragraph (a)(1), (a)(2), (a)(6)
or (a)(7) of this section will be reviewed on a case-by-case basis to
determine whether the export or reexport could contribute directly or
indirectly to any country's military capabilities in a manner that
would alter or destabilize a region's military balance contrary to the
foreign policy interests of the United States. Applications for
reexports of items described in paragraph (a)(3) of this section will
be reviewed applying the policies for similar commodities that are
subject to the ITAR. Applications for export or reexport of items
classified under any ``600 series'' ECCN listed in paragraph (a)(1) of
this section will also be reviewed in accordance with U.S. arms embargo
policies and generally will be denied if destined for a destination set
forth in Sec.  740.2(a)(12) of the EAR. Applications for export or
reexport of ``parts,'' ``components,'' ``accessories,''
``attachments,'' software, or technology ``specially designed'' or
otherwise required for the F-14 aircraft will generally be denied.

PART 743--[AMENDED]

    16. The authority citations paragraph for part 743 continues to
read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
12, 2011, 76 FR 50661 (August 16, 2011).

    17. Part 743 is amended by revising its title to read:

PART 743--SPECIAL REPORTING AND NOTIFICATION

    18. Section 743.1 is amended by revising paragraph (c) to read as
follows:

Sec.  743.1  Wassenaar Arrangement.

* * * * *
    (c) Items for which reports are required. You must submit reports
to BIS under the provisions of this section only for exports controlled
on the Sensitive List (see Supplement No. 6 to part 774).
* * * * *
    19. New Section 743.5 is added to read as follows:

Sec.  743.5  Prior notifications to Congress of Exports of Major
Defense Equipment and other transactions.

    (a) General requirement. Applications to export items on the
Commerce Control List that are Major Defense Equipment (MDE) and
certain other controlled transactions will be notified to Congress as
provided in this section before licenses for such items are issued.
`Major Defense Equipment' means any item having a nonrecurring research
and development cost of more than $50,000,000 or a total production
cost of more than $200,000,000. Exports to U.S. government end users
under License Exception GOV (Sec.  740.11(b)) do not require such
notification.
    (b) BIS will notify Congress prior to issuing a license authorizing
the export of items controlled to a country outside the countries
listed in Sec.  740.20(c)(1) (License Exception STA) that are:
    (1) Major Defense Equipment sold under a contract in the amount of
$14,000,000 or more;
    (2) Other ``600 series'' items sold under a contract in the amount
of $50,000,000 or more; or

    (3) Firearms controlled under ECCN 0A601 under a contract in the
amount of $1,000,000 or more.
    (c) BIS will notify Congress prior to issuing a license authorizing
the export of items controlled to a country listed in Sec.
740.20(c)(1) (License Exception STA) that are:
    (1) Major Defense Equipment sold under a contract in the amount of
$25,000,000 or more;
    (2) Other ``600 series'' items sold under a contract in the amount
of $100,000,000 or more; or
    (3) Firearms controlled under ECCN 0A601 under a contract in the
amount of $1,000,000 or more.
    (d) In addition to information required on the application, the
exporter must include a copy of the signed contract (including a
statement of the contract's value) for any proposed export described in
paragraphs (b) or (c).
    (e) Address. Munitions Control Division at
<EMAIL_ADDRESS>    (f) BIS will hold the case without action (HWA) until the
notification period has expired.

PART 744--[AMENDED]

    20. The authority citations paragraph for part 744 continues to
read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179;
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of August 12, 2011, 76 FR 50661
(August 16, 2011); Notice of September 21, 2011, 76 FR 59001
(September, 22, 2011); Notice of November 9, 2011, 76 FR 70319
(November 10, 2011); Notice of January 19, 2012, 77 FR 3067 (January
20, 2012).

    21. Section 744.21 is amended by redesignating paragraphs (a),
(a)(1) and (a)(2) as paragraphs (a)(1), (a)(1)(i) and (a)(1)(ii) and by
adding a new paragraph (a)(2) to read as follows:

Sec.  744.21  Restrictions on Certain Military End-Uses in the People's
Republic of China (PRC).

    (a)(1) * * *
    (a)(2) General prohibition. In addition to the license requirements
for ``600 series'' items specified on the Commerce Control List (CCL),
you may not export, reexport, or transfer any ``600 series'' item,
including .y items described in a ``600 series'' ECCN, to the PRC
without a license.

PART 750--[AMENDED]

    22. The authority citations paragraph for part 750 continues to
read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
Sec 1503, Public Law 108-11, 117 Stat. 559; E.O. 13026, 61 FR 58767,
3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Presidential Determination 2003-23 of May 7, 2003, 68
FR 26459, May 16, 2003; Notice of August 12, 2011, 76 FR 50661
(August 16, 2011).

    23. Section 750.4 is amended by adding paragraph (b)(7) to read as
follows:

Sec.  750.4  Procedures for processing license applications.

* * * * *
    (b) Actions not included in processing time calculations. * * *
    (7) Major Defense Equipment. Congressional notification, including
consultations prior to notification, prior to the issuance of an
authorization to export Major Defense Equipment (as defined inSec.
743.5 of the EAR).
    24. Section 750.7 is amended:
    (a) By adding a new paragraph (c)(1)(ix); and
    (b) By revising both the introductory text in paragraphs (g) and
paragraph (g)(1) to read as follows:

Sec.  750.7  Issuance of licenses.

    (c) Changes to the license. * * *
* * * * *
    (ix) Direct exports or reexports to approved end users on an export
or reexport license, provided those end users are listed by name and
location on such export or reexport license and the license does not
contain any conditions that are specific to the ultimate consignee that
cannot be complied with by the end user, such as a reporting
requirement that must be made by the ultimate consignee.
    (A) Restriction. Export and reexport licenses where a class of
authorized end users is identified (e.g., by industry or by location),
but specific end users are not identified by name on the export or
reexport license are specifically excluded from this paragraph
(c)(1)(ix). Direct exports or reexports to these types of end users are
a material change to the export or reexport license. If exporters or
reexporters wish to make such direct exports, they will need to submit
an application for a new license in accordance with the instructions
contained in Supplement No. 1 to part 748 of the EAR.
    (B) [RESERVED].
* * * * *
    (g) License validity period. Licenses involving the export or
reexport of items will generally have a four-year validity period,
unless a different validity period has been requested and specifically
approved by BIS or is otherwise specified on the license at the time
that it is issued. Exceptions from the four-year validity period
include license applications reviewed and approved as an ``emergency''
(see Sec.  748.4(h) of the EAR) and license applications for items
controlled for short supply reasons, which will be limited to a 12-
month validity period. Emergency licenses will expire no later than the
last day of the calendar month following the month in which the
emergency license is issued. The expiration date will be clearly stated
on the face of the license. If the expiration date falls on a legal
holiday (Federal or State), the validity period is automatically
extended to midnight of the first day of business following the
expiration date.
    (1) Extended validity period. BIS will consider granting a validity
period exceeding 4 years on a case-by-case basis when extenuating
circumstances warrant such an extension. Requests for such extensions
may be made at the time of application or after the license has been
issued and it is still valid. BIS will not approve changes regarding
other aspects of the license, such as the parties to the transaction
and the countries of ultimate destination. An extended validity period
will generally be granted where, for example, the transaction is
related to a multi-year project; when the period corresponds to the
duration of a manufacturing license agreement, technical assistance
agreement, warehouse and distribution agreement, or license issued
under the International Traffic in Arms Regulations; when production
lead time will not permit an export or reexport during the original
validity period of the license; when an unforeseen emergency prevents
shipment within the 4-year validity of the license; or for other
similar circumstances.
    * * *
* * * * *

PART 758--[AMENDED]

    25. The authority citations paragraph for part 758 continues to
read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
12, 2011, 76 FR 50661 (August 16, 2011).

    26. Section 758.1 is amended by revising the section heading,
redesignating paragraphs (b)(3) through (b)(5) as (b)(5) through (b)(7)
and by

adding new paragraphs (b)(3) and (b)(4), to read as follows:

Sec.  758.1  The Automated Export System (AES) record.

* * * * *
    (b) * * *
    (1) * * *
    (2) * * *
    (3) For all exports of ``600 series'' items, regardless of value or
destination, including exports to Canada;
    (4) For all exports under License Exceptions Strategic Trade
Authorization (STA);
* * * * *
    27. Section 758.2(c) is revised by adding paragraph (c)(4) to read
as follows:

Sec.  758.2  Automated Export System (AES).

* * * * *
    (a) * * *
    (b) * * *
    (4) Exports are made under Strategic Trade Authorization; are made
under Authorization Validated End User (VEU); or are of ``600 series''
items.
    28. Section 758.6 is revised to read as follows:

Sec.  758.6  Destination control statement.

    (a) General requirement. The Destination Control Statement (DCS)
must be entered on the invoice and on the bill of lading, air waybill,
or other export control document that accompanies the shipment from its
point of origin in the United States to the ultimate consignee or end-
user abroad. The person responsible for preparation of those documents
is responsible for entry of the DCS. The DCS is required for all
exports from the United States of items on the Commerce Control List
that are not classified as EAR99, unless the export may be made under
License Exception BAG or GFT (see part 740 of the EAR). At a minimum,
and except as provided in paragraph (b), the DCS must state:
    ``These commodities, technology, or software were exported from the
United States in accordance with the Export Administration Regulations.
Diversion contrary to U.S. law is prohibited.''
    (b) ``600 series'' items. For exports of ``600 series'' items, at a
minimum, the DCS must state:
    ``These commodities, technology, or software controlled under
[INSERT ECCN(s)] were exported from the United States in accordance
with the Export Administration Regulations. Diversion contrary to U.S.
law is prohibited.''

PART 762--[AMENDED]

    29. The authority citations paragraph for part 762 continues to
read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
12, 2011, 76 FR 50661 (August 16, 2011).

    30. Section 762.2 is amended by adding paragraph (b)(48) to read as
follows:

Sec.  762.2  Records to be retained.

    (a) * * *
    (b) * * *
    (48) Sec.  740.11(b)(2)(iii) and (iv), License Exception GOV.

PART 764--[AMENDED]

    31. The authority citations paragraph for part 764 continues to
read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
12, 2011, 76 FR 50661 (August 16, 2011).

    32. Supplement No. 1 to part 764 is amended by removing the
penultimate paragraph: ``Fourth, that this order does not prohibit any
export, reexport, or other transaction subject to the EAR where the
only items involved that are subject to the EAR are the foreign-
produced direct product of U.S.-origin technology.''

PART 774--[AMENDED]

    33. The authority citations paragraph for part 774 continues to
read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 12, 2011, 76 FR 50661 (August 16, 2011).

    34. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities, and Equipment (and
Miscellaneous Items), ECCN 0A919 is amended by revising the ``Items''
paragraph to read as follows:

0A919 ``Military commodities'' as follows (see list of items
controlled).
* * * * *
Items: ``Military commodities'' with all of the following
characteristics:

    a. Described on either the United States Munitions List (22 CFR
Part 121) or the Munitions List that is published by the Wassenaar
Arrangement on Export Controls for Conventional Arms and Dual-Use
Goods and Technologies (as set out on its Web site at http://www.wassenaar.org), but not any item listed in any Export Control
Classification Number for which the last three characters are 018 or
any item in the ``600 series'';
    b. Produced outside the United States;
    c. Not subject to the International Traffic in Arms Regulations
(22 CFR Parts 120-130) for a reason other than presence in the
United States; and
    d. One or more of the following characteristics:
    d.1. Incorporate one or more cameras classified under ECCN
6A003.b.4.b;
    d.2. Incorporate more than a de minimis amount of ``600 series''
controlled content (see Sec.  734.4 of the EAR); or
    d.3. Are direct products of U.S.-origin ``600 series''
technology (see Sec.  736.2(b)(3) of the EAR).

    35. Part 774 is amended by adding new Supplement Nos. 6 and 7 to
read as follows:

Supplement No. 6 to Part 774--Sensitive List

    (Note to Supplement No. 6: If text accompanies an ECCN below,
then the Sensitive List is limited to a subset of items classified
under the ECCN.)

(1) Category 1

    (i) 1A002 (entire entry).
    (ii) 1C001 (entire entry).
    (iii) 1C007.c and .d.
    (iv) 1C010.c and .d.
    (v) 1C012 (entire entry).
    (vi) 1D002--``software'' for the ``development'' of organic
``matrix'', metal ``matrix'', or carbon ``matrix'' laminates or
composites controlled under 1A002, 1C007.c, 1C007.d, 1C010.c or
1C010.d.
    (vii) 1E001--``Technology'' according to the General Technology
Note for the ``development'' or ``production'' of equipment and
materials controlled under 1A002, 1C001, 1C007.c, 1C007.d, 1C010.c,
1C010.d, or 1C012.
    (viii) 1E002.e and .f.

(2) Category 2

    (i) 2D001--``software'', other than that controlled by 2D002,
specially designed for the ``development'' or ``production'' of
equipment as follows:
    (A) Machine tools for turning (ECCN 2B001.a) having all of the
following:
    (1) Positioning accuracy with ``all compensations available''
equal to or less (better) than 3.6 [mu]m according to ISO 230/2
(2006) or national equivalents along any linear axis; and
    (2) Two or more axes which can be coordinated simultaneously for
``contouring control'';
    (B) Machine tools for milling (ECCN 2B001.b) having any of the
following:
    (1) Positioning accuracy with ``all compensations available''
equal to or less (better) than 3.6 [mu]m according to ISO 230/2
(2006) or national equivalents along any linear axis, and three
linear axes plus one rotary axis which can be coordinated
simultaneously for ``contouring control'';
    (2) Five or more axes which can be coordinated simultaneously
for ``contouring control'' and have a positioning accuracy with
``all compensations available'' equal to or less (better) than 3.6
[mu]m according to ISO 230/2 (2006) or national equivalents along
any linear axis; or

    (3) A positioning accuracy for jig boring machines, with ``all
compensations available'', equal to or less (better) than 3 [mu]m
according to ISO 230/2 (2006) or national equivalents along any
linear axis;
    (C) Electrical discharge machines (EDM) controlled under
2B001.d;
    (D) Deep-hole-drilling machines controlled under 2B001.f;
    (E) ``Numerically controlled'' or manual machine tools
controlled under 2B003.
    (ii) 2E001--``technology'' according to the General Technology
Note for the ``development'' of ``software'' controlled within the
specific provisions of 2D001 described in this Supplement or for the
``development'' of equipment as follows:
    (A) Machine tools for turning (ECCN 2B001.a) having all of the
following:
    (1) Positioning accuracy with ``all compensations available''
equal to or less (better) than 3.6 [mu]m according to ISO 230/2
(2006) or national equivalents along any linear axis; and
    (2) Two or more axes which can be coordinated simultaneously for
``contouring control'';
    (B) Machine tools for milling (ECCN 2B001.b) having any of the
following:
    (1) Positioning accuracy with ``all compensations available''
equal to or less (better) than 3.6 [mu]m according to ISO 230/2
(2006) or national equivalents along any linear axis, and three
linear axes plus one rotary axis which can be coordinated
simultaneously for ``contouring control'';
    (2) Five or more axes which can be coordinated simultaneously
for ``contouring control'' and have a positioning accuracy with
``all compensations available'' equal to or less (better) than 3.6
[mu]m according to ISO 230/2 (2006) or national equivalents along
any linear axis; or
    (3) A positioning accuracy for jig boring machines, with ``all
compensations available'', equal to or less (better) than 3 [mu]m
according to ISO 230/2 (2006) or national equivalents along any
linear axis;
    (C) Electrical discharge machines (EDM) controlled under
2B001.d;
    (D) Deep-hole-drilling machines controlled under 2B001.f;
    (E) ``Numerically controlled'' or manual machine tools
controlled under 2B003.
    (iii) 2E002--``technology'' according to the General Technology
Note for the ``production'' of equipment as follows:
    (A) Machine tools for turning (ECCN 2B001.a) having all of the
following:
    (1) Positioning accuracy with ``all compensations available''
equal to or less (better) than 3.6 [micro]m according to ISO 230/2
(2006) or national equivalents along any linear axis; and
    (2) Two or more axes which can be coordinated simultaneously for
``contouring control'';
    (B) Machine tools for milling (ECCN 2B001.b) having any of the
following:
    (1) Positioning accuracy with ``all compensations available''
equal to or less (better) than 3.6 [micro]m according to ISO 230/2
(2006) or national equivalents along any linear axis, and three
linear axes plus one rotary axis which can be coordinated
simultaneously for ``contouring control'';
    (2) Five or more axes which can be coordinated simultaneously
for ``contouring control'' and have a positioning accuracy with
``all compensations available'' equal to or less (better) than 3.6
[micro]m according to ISO 230/2 (2006) or national equivalents along
any linear axis; or
    (3) A positioning accuracy for jig boring machines, with ``all
compensations available'', equal to or less (better) than 3 [micro]m
according to ISO 230/2 (2006) or national equivalents along any
linear axis;
    (C) Electrical discharge machines (EDM) controlled under
2B001.d;
    (D) Deep-hole-drilling machines controlled under 2B001.f;
    (E) ``Numerically controlled'' or manual machine tools
controlled under 2B003.

(3) Category 3

    (i) 3A002.g.1.
    (ii) 3D001--``software'' specially designed for the
``development'' or ``production'' of equipment controlled under
3A002.g.1.
    (iii) 3E001--``technology'' according to the General Technology
Note for the ``development'' or ``production'' of equipment
controlled under 3A002.g.1.

(4) Category 4

    (i) 4A001.a.2.
    (ii) 4D001--``software'' specially designed for the
``development'' or ``production'' of equipment controlled under ECCN
4A001.a.2 or for the ``development'' or ``production'' of ``digital
computers'' having an `Adjusted Peak Performance' (`APP') exceeding
0.5 Weighted TeraFLOPS (WT).
    (iii) 4E001--``technology'' according to the General Technology
Note for the ``development'' or ``production'' of any of the
following equipment or ``software'': equipment controlled under ECCN
4A001.a.2, ``digital computers'' having an `Adjusted Peak
Performance' (`APP') exceeding 0.5 Weighted TeraFLOPS (WT), or
``software'' controlled under the specific provisions of 4D001
described in this Supplement.

(5) Category 5--Part 1

    (i) 5A001.b.3, .b.5, and .h.
    (ii) 5B001.a--equipment and specially designed components or
accessories therefor, specially designed for the ``development'',
``production'' or ``use'' of equipment, functions or features
controlled under 5A001.b.3, b.5, or .h.
    (iii) 5D001.a--``software'' specially designed for the
``development'' or ``production'' of equipment, functions or
features controlled under 5A001.b.3, b.5, or .h.
    (iv) 5D001.b--``software'' specially designed or modified to
support ``technology'' controlled by this Supplement's description
of 5E001.a.
    (v) 5E001.a--``technology'' according to the General Technology
Note for the ``development'' or ``production'' of equipment,
functions or features controlled under 5A001.b.3, b.5, or .h or
``software'' described in this Supplement's description of 5D001.a.

(6) Category 6

    (i) 6A001.a.1.b--systems or transmitting and receiving arrays,
designed for object detection or location, having any of the
following:
    (A) A transmitting frequency below 5 kHz or a sound pressure
level exceeding 224 dB (reference 1 [micro]Pa at 1 m) for equipment
with an operating frequency in the band from 5 kHz to 10 kHz
inclusive;
    (B) Sound pressure level exceeding 224 dB (reference 1 [micro]Pa
at 1 m) for equipment with an operating frequency in the band from
10 kHz to 24 kHz inclusive;
    (C) 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;
    (D) Forming beams of less than 1[deg] on any axis and having an
operating frequency of less than 100 kHz;
    (E) Designed to operate with an unambiguous display range
exceeding 5,120 m; or
    (F) Designed to withstand pressure during normal operation at
depths exceeding 1,000 m and having transducers with any of the
following:
    (1) Dynamic compensation for pressure; or
    (2) Incorporating other than lead zirconate titanate as the
transduction element;
    (ii) 6A001.a.1.e.
    (iii) 6A001.a.2.a.1, a.2.a.2, a.2.a.3, a.2.a.5, and a.2.a.6.
    (iv) 6A001.a.2.b.
    (v) 6A001.a.2.c--processing equipment, specially designed for
real time application with 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.
    (vi) 6A001.a.2.d.
    (vii) 6A001.a.2.e.
    (viii) 6A001.a.2.f--processing equipment, specially designed for
real time application with 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.
    (ix) 6A002.a.1.a, a.1.b, and a.1.c.
    (x) 6A002.a.1.d.
    (xi) 6A002.a.2.a--image intensifier tubes having all of the
following:
    (A) A peak response in the wavelength range exceeding 400 nm but
not exceeding 1,050 nm;
    (B) Electron image amplification using any of the following:
    (1) A microchannel plate for electron image amplification with a
hole pitch (center-to-center spacing) of 12 [mu]m or less; or
    (2) An electron sensing device with a non-binned pixel pitch of
500 [mu]m or less, specially designed or modified to achieve `charge
multiplication' other than by a microchannel plate; and
    (C) Any of the following photocathodes:
    (1) Multialkali photocathodes (e.g., S-20 and S-25) having a
luminous sensitivity exceeding 700 [mu]A/lm;
    (2) GaAs or GaInAs photocathodes; or
    (3) Other ``III-V compound'' semiconductor photocathodes having
a

maximum ``radiant sensitivity'' exceeding 10 mA/W.
    (xii) 6A002.a.2.b.
    (xiii) 6A002.a.3--subject to the following additional notes:

    Note 1: 6A002.a.3 does not apply to the following ``focal plane
arrays'' in this Supplement:
    a. Platinum Silicide (PtSi) ``focal plane arrays'' having less
than 10,000 elements;
    b. Iridium Silicide (IrSi) ``focal plane arrays''.

    Note 2:  6A002.a.3 does not apply to the following ``focal plane
arrays'' in this Supplement:
    a. Indium Antimonide (InSb) or Lead Selenide (PbSe) ``focal
plane arrays'' having less than 256 elements;
    b. Indium Arsenide (InAs) ``focal plane arrays'';
    c. Lead Sulphide (PbS) ``focal plane arrays'';
    d. Indium Gallium Arsenide (InGaAs) ``focal plane arrays''.

    Note 3:  6A002.a.3 does not apply to Mercury Cadmium Telluride
(HgCdTe) ``focal plane arrays'' as follows in this Supplement:
    a. `Scanning Arrays' having any of the following:
    1. 30 elements or less; or
    2. Incorporating time delay-and-integration within the element
and having 2 elements or less;
    b. `Staring Arrays' having less than 256 elements.

    Technical Notes: a. `Scanning Arrays' are defined as ``focal
plane arrays'' designed for use with a scanning optical system that
images a scene in a sequential manner to produce an image;
    b. `Staring Arrays' are defined as ``focal plane arrays''
designed for use with a non-scanning optical system that images a
scene.

    Note 6: 6A002.a.3 does not apply to the following ``focal plane
arrays'' in this List:
    a. Gallium Arsenide (GaAs) or Gallium Aluminum Arsenide (GaAlAs)
quantum well ``focal plane arrays'' having less than 256 elements;
    b. Microbolometer ``focal plane arrays'' having less than 8,000
elements.

    Note 7:  6A002.a.3.g does not apply to the linear (1-
dimensional) ``focal plane arrays'' specially designed or modified
to achieve `charge multiplication' having 4,096 elements or less.

    Note 8:  6A002.a.3.g. does not apply to the non-linear (2-
dimensional) ``focal plane arrays'' specially designed or modified
to achieve `charge multiplication' having a maximum linear dimension
of 4,096 elements and a total of 250,000 elements or less.

    (xiv) 6A002.b.
    (xv) 6A002.c--`direct view' imaging equipment incorporating any
of the following:
    (A) Image intensifier tubes having the characteristics listed in
this Supplement's description of 6A002.a.2.a or 6A002.a.2.b;
    (B) ``Focal plane arrays'' having the characteristics listed in
this Supplement's description of 6A002.a.3; or
    (C) Solid-state detectors having the characteristics listed in
6A002.a.1.
    (xvi) 6A003.b.3--imaging cameras incorporating image intensifier
tubes having the characteristics listed in this Supplement's
description of 6A002.a.2.a or 6A002.a.2.b.

    Note:  6A003.b.3 does not apply to imaging cameras specially
designed or modified for underwater use.

    (xvii) 6A003.b.4--imaging cameras incorporating ``focal plane
arrays'' having any of the following:
    (A) Incorporating ``focal plane arrays'' specified by this
Supplement's description of 6A002.a.3.a to 6A002.a.3.e;
    (B) Incorporating ``focal plane arrays'' specified by this
Supplement's description of 6A002.a.3.f; or
    (C) Incorporating ``focal plane arrays'' specified by this
Supplement's description of 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 characteristics:
    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/pixel (milliradians/pixel);
    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. Where the camera is specially designed for installation into
a civilian passenger land vehicle of less than 3 tonnes three tons
(gross vehicle weight) and having all of the following:
    1. Is operable only when installed in any of the following:
    a. The civilian passenger land vehicle for which it was
intended; or
    b. A specially designed, authorized maintenance test facility;
and
    2. 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 of less than 3 tonnes (gross
vehicle weight), or passenger and vehicle ferries having a length
overall (LOA) 65 m or greater, and having all of the following:
    1. Is only operable when installed in any of the following:
    a. The civilian passenger land vehicle or passenger and vehicle
ferry for which it was intended; or
    b. A specially designed, authorized maintenance test facility;
and
    2. 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.

    Note 5: 6A003.b.4.c does not apply to imaging cameras specially
designed or modified for underwater use.

    (xviii) 6A003.b.5.
    (xix) 6A004.c.
    (xx) 6A004.d.
    (xxi) 6A006.a.1.
    (xxii) 6A006.a.2--``magnetometers'' using optically pumped or
nuclear precession (proton/Overhauser) ``technology'' having a
`sensitivity' lower (better) than 2 pT (rms) per square root Hz.
    (xxiii) 6A006.c.1--``magnetic gradiometers'' using multiple
``magnetometers'' specified by 6A006.a.1 or this Supplement's
description of 6A006.a.2.
    (xxiv) 6A006.d--``compensation systems'' for the following:
    (A) Magnetic sensors specified by 6A006.a.2 and using optically
pumped or nuclear precession (proton/Overhauser) ``technology'' that
will permit these sensors to realize a 'sensitivity' lower (better)
than 2 pT rms per square root Hz.
    (B) Underwater electric field sensors specified by 6A006.b.
    (C) Magnetic gradiometers specified by 6A006.c. that will permit
these sensors to realize a `sensitivity' lower (better) than 3 pT/m
rms per square root Hz.
    (xxv) 6A006.e--underwater electromagnetic receivers
incorporating magnetometers specified by 6A006.a.1 or this
Supplement's description of 6A006.a.2.
    (xxvi) 6A008.d, .h, and .k.
    (xxvii) 6B008.
    (xxviii) 6D001--``software'' specially designed for the
``development'' or ``production'' of equipment specified by 6A004.c,
6A004.d, 6A008.d, 6A008.h, 6A008.k, or 6B008.
    (xxix) 6D003.a.
    (xxx) 6E001.
    (xxxi) 6E002--``technology'' according to the General Technology
Note for the ``production'' of equipment specified by the 6A or 6B
provisions described in this Supplement.

(7) Category 7

    (i) 7D002.
    (ii) 7D003.a.
    (iii) 7D003.b.
    (iv) 7D003.c.
    (v) 7D003.d.1 to d.4, d.7.
    (vi) 7E001.
    (vii) 7E002.

(8) Category 8

    (i) 8A001.b to .d.
    (ii) 8A002.b--systems specially designed or modified for the
automated control of the motion of submersible vehicles specified by
8A001.b through .d using navigation data having closed loop servo-
controls and having any of the following:
    (A) Enabling a vehicle to move within 10 m of a predetermined
point in the water column;
    (B) Maintaining the position of the vehicle within 10 m of a
predetermined point in the water column; or
    (C) Maintaining the position of the vehicle within 10 m while
following a cable on or under the seabed.
    (iii) 8A002.h and .j.
    (iv) 8A002.o.3.
    (v) 8A002.p.
    (vi) 8D001--``software'' specially designed for the
``development'' or ``production'' of equipment in 8A001.b to .d,
8A002.b (as described in this Supplement), 8A002.h, 8A002.j,
8A002.o.3, or 8A002.p.
    (vii) 8D002.
    (viii) 8E001--``technology'' according to the General Technology
Note for the ``development'' or ``production'' of equipment
specified by 8A001.b to .d, 8A002.b (as described in this
Supplement), 8A002.h, 8A002.j, 8A002.o.3, or 8A002.p.
    (ix) 8E002.a.

(9) Category 9

    (i) 9A011.
    (ii) 9B001.b.
    (iii) 9D001--``software'' specially designed or modified for the
``development'' of equipment or ``technology'', specified by 9A011,
9B001.b. 9E003.a.1, 9E003.a.2 to a.5 or 9E003.a.8 or 9E003.h.
    (iv) 9D002--``software'' specially designed or modified for the
``production'' of equipment specified by 9A011 or 9B001.b.
    (v) 9D004.a and .c.
    (vi) 9E001.
    (vii) 9E002.
    (viii) 9E003.a.1.
    (ix) 9E003.a.2 to a.5, a.8, .h.

Supplement No. 7 to Part 774--Very Sensitive List

    (Note to Supplement No. 7: If text accompanies an ECCN below,
then the Very Sensitive List is limited to a subset of items
classified under the ECCN).

(1) Category 1

    (i) 1A002.a.
    (ii) 1C001 (entire entry).
    (iii) 1C012 (entire entry).
    (iv) 1E001--``technology'' according to the General Technology
Note for the ``development'' or ``production'' of equipment and
materials specified by 1A002.a, 1C001, or 1C012.

(2) Category 5--Part 1

    (i) 5A001.b.5.
    (ii) 5A001.h.
    (iii) 5D001.a--``software'' specially designed for the
``development'' or ``production'' of equipment, functions or
features specified by 5A001.b.5 or 5A001.h.
    (iv) 5E001.a--``technology'' according to the General Technology
Note for the ``development'' or ``production'' of equipment,
functions, features or ``software'' specified by 5A001.b.5, 5A001.h,
or 5D001.a.

(3) Category 6

    (i) 6A001.a.1.b.1--systems or transmitting and receiving arrays,
designed for object detection or location, having a sound pressure
level exceeding 210 dB (reference 1 [mu]Pa at 1 m) and an operating
frequency in the band from 30 Hz to 2 kHz.
    (ii) 6A001.a.2.a.1 to a.2.a.3, a.2.a.5, or a.2.a.6.
    (iii) 6A001.a.2.b.
    (iv) 6A001.a.2.c--processing equipment, specially designed for
real time application with 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.
    (v) 6A001.a.2.e.
    (vi) 6A001.a.2.f--processing equipment, specially designed for
real time application with 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.
    (vii) 6A002.a.1.c.
    (viii) 6B008.
    (ix) 6D001--``software'' specially designed for the
``development'' or ``production'' of equipment specified by 6B008.
    (x) 6D003.a.
    (xi) 6E001--``technology'' according to the General Technology
Note for the ``development'' of equipment or ``software'' specified
by the 6A, 6B, or 6D provisions described in this Supplement.
    (xii) 6E002--``technology'' according to the General Technology
Note for the ``production'' of equipment specified by the 6A or 6B
provisions described in this Supplement.

(4) Category 7

    (i) 7D003.a.
    (ii) 7D003.b.

(5) Category 8

    (i) 8A001.b.
    (ii) 8A001.d.
    (iii) 8A002.o.3.b.
    (iv) 8D001--``software'' specially designed for the
``development'' or ``production'' of equipment specified by 8A001.b,
8A001.d, or 8A002.o.3.b.
    (v) 8E001--``technology'' according to the General Technology
Note for the ``development'' or ``production'' of equipment
specified by 8A001.b, 8A001.d, or 8A002.o.3.b.

(6) Category 9

    (i) 9A011.

    (ii) 9D001--``software'' specially designed or modified for the
``development'' of equipment or ``technology'' specified by 9A011,
9E003.a.1, or 9E003.a.3.a.
    (iii) 9D002--``software'' specially designed or modified for the
``production'' of equipment specified by 9A011.
    (iv) 9E001--``technology'' according to the General Technology
note for the ``development'' of equipment or ``software'' specified
by 9A011 or this Supplement's description of 9D001 or 9D002.
    (v) 9E002--``technology'' according to the General Technology
Note for the ``production'' of equipment specified by 9A011.
    (vi) 9E003.a.1.
    (vii) 9E003.a.3.a.

    Dated: June 15, 2012.
Kevin J. Wolf,
Assistant Secretary of Commerce for Export Administration.
[FR Doc. 2012-15074 Filed 6-20-12; 8:45 am]
BILLING CODE 3510-33-P