form, as an electronic file in comma separated values format (.csv)
adhering to the specifications set forth in paragraph (b) of Supplement
No. 8 to part 742.

Supplement No. 3 to Part 740 [Amended]

0
16. Supplement No. 3 to part 740 is amended by adding ``Croatia'' in
alphabetical order.

PART 742--[AMENDED]

0
17. The authority citation for part 742 continues to read as follows:

    Authority:  50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22
U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; Sec. 1503, Public Law 108-11, 117 Stat. 559; E.O.
12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR
33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR,
1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783;
Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004 Comp.,
p. 320; Notice of November 12, 2015, 80 FR 70667 (November 13,
2015); Notice of August 4, 2016, 81 FR 52587 (August 8, 2016).

Sec.  742.10   [Amended]

0
18. Section 742.10 is amended in paragraph (a)(2) by removing the
phrase ``.5A992, 5D992.b and .c'' and adding in its place ``5A992.c,
5D992.c''.
0
19. Section 742.15 is amended by revising paragraphs (a) and (b) and
removing paragraphs (c) and (d).
    The revisions read as follows:

Sec.  742.15  Encryption Items.

* * * * *

    (a) Licensing requirements and policy--(1) Licensing requirements.
A license is required to export or reexport encryption items (``EI'')
classified under ECCN 5A002, 5A004, 5D002.a, .c.1 or .d (for equipment
and ``software'' in ECCNs 5A002 or 5A004, 5D002.c.1); or 5E002 for
``technology'' for the ``development,'' ``production,'' or ``use'' of
commodities or ``software'' controlled for EI reasons in ECCNs 5A002,
5A004 or 5D002, and ``technology'' classified under 5E002.b to all
destinations, except Canada. Refer to part 740 of the EAR, for license
exceptions that apply to certain encryption items, and to Sec.  772.1
of the EAR for definitions of encryption items and terms. Most
encryption items may be exported under the provisions of License
Exception ENC set forth in Sec.  740.17 of the EAR. Following
classification or self-classification, items that meet the criteria of
Note 3 to Category 5--Part 2 of the Commerce Control List (the ``mass
market'' note), are classified ECCN 5A992.c or 5D992.c and are no
longer subject to this Section (see Sec.  740.17 of the EAR). Before
submitting a license application, please review License Exception ENC
to determine whether this license exception is available for your item
or transaction. For exports, reexports, or transfers (in-country) of
encryption items that are not eligible for a license exception, you
must submit an application to obtain authorization under a license or
an Encryption Licensing Arrangement.
    (2) Licensing policy. Applications will be reviewed on a case-by-
case basis by BIS, in conjunction with other agencies, to determine
whether the export, reexport, or transfer (in-country) is consistent
with U.S. national security and foreign policy interests. Encryption
Licensing Arrangements (ELAs) may be authorized for exports, reexports,
or transfers (in-country) of unlimited quantities of encryption
commodities and software described in Sec.  740.17 (b)(2)(i)(A) that
have been classified by BIS to ``more sensitive government end users,''
in all destinations, except countries listed in Country Groups E:1 or
E:2 of Supplement No. 1 to part 740. ELAs for ``more sensitive
government end users'' may be authorized for encryption commodities and
software described in Sec.  740.17(b)(2)(ii) through (iv) under certain
circumstances. ELAs are valid for four years and may require pre-
shipment notification. Applicants seeking authorization for Encryption
Licensing Arrangements must specify the sales territory on their
license applications.
    (b) Publicly available encryption source code--(1) Scope and
eligibility. Subject to the notification requirements of paragraph
(b)(2) of this section, publicly available (see Sec.  734.3(b)(3) of
the EAR) encryption source code classified under ECCN 5D002 is not
subject to the EAR. Such source code is publicly available even if it
is subject to an express agreement for the payment of a licensing fee
or royalty for commercial production or sale of any product developed
using the source code.
    (2) Notification requirement. You must notify BIS and the ENC
Encryption Request Coordinator via email of the Internet location
(e.g., URL or Internet address) of the publicly available encryption
source code classified under ECCN 5D002 or provide each of them a copy
of the publicly available encryption source code. If you update or
modify the source code, you must also provide additional copies to each
of them each time the cryptographic functionality of the source code is
updated or modified. In addition, if you posted the source code on the
Internet, you must notify BIS and the ENC Encryption Request
Coordinator each time the Internet location is changed, but you are not
required to notify them of updates or modifications made to the
encryption source code at the previously notified location. In all
instances, submit the notification or copy to<EMAIL_ADDRESS>and to
<EMAIL_ADDRESS>
Supplement No. 5 to Part 742 [Removed and Reserved]

0
20. Part 742 is amended by removing and reserving Supplement No. 5.
0
21. Supplement No. 6 is amended by:
0
a. Revising the heading of the Supplement;
0
b. Revising paragraphs (a) introductory text, (a)(2), (b) introductory
text, (b)(2) and (3), (b)(6) and (7), and (b)(9) through (12);
0
c. Adding paragraph (b)(13) and (14); and
0
d. Revising paragraph (d)(1).
    The revisions and additions read as follows:

Supplement No. 6 to Part 742--Technical Questionnaire for Encryption
and Other ``Information Security'' Items

    (a) For all items:
* * * * *
    (2) Indicate whether there have been any prior classifications
of the product(s), if they are applicable to the current submission.
For products with minor changes in encryption functionality, you
must include a cover sheet with complete reference to the previous
review (Commodity Classification Automated Tracking System (CCATS)
number, Export Control Classification Number (ECCN), authorization
paragraph) along with a clear description of the changes.
* * * * *
    (b) For classification requests and other submissions, provide
the following information:
* * * * *
    (2) Describe how encryption keys are generated or managed by
your product, including algorithms and modulus sizes supported.
    (3) Describe whether the products incorporate or use ``non-
standard cryptography'' defined as incorporating or using
proprietary, unpublished cryptographic functionality, including
encryption algorithms or protocols that have not been adopted or
approved by a duly recognized international standards body. Provide
a textual description and the source code of the algorithm.
* * * * *
    (6) State all communication protocols (e.g., X.25, Telnet, TCP,
IEEE 802.11, IEEE 802.16, SIP . . .) and cryptographic protocols and
methods (e.g., SSL, TLS, SSH, IPSEC, IKE, SRTP, ECC, MD5, SHA,
X.509, PKCS standards . . .), including application programming
interfaces (APIs), that are supported and describe how they are
used.
    (7) State how the product is written to preclude user
modification of the encryption algorithms, key management and key
space.
* * * * *
    (9) Identify the version(s) and type(s) of compilers, runtime
interpreters or code assemblers used, as applicable.
    (10) With respect to your company's encryption products, are any
of the products (or its encryption components) manufactured outside
the United States? If yes, provide manufacturing locations (city and
country).
    (11) See Sec.  740.17(b)(2) of the EAR. Describe whether the
item meets any of the Sec.  740.17(b)(2) criteria. Provide a
comparison of your item against the criteria listed in each
paragraph of Sec.  740.17(b)(2). Give specific data for each of the
parameters listed, as applicable (e.g., maximum aggregate encrypted
throughput, maximum number of encrypted endpoints, maximum satellite
or terrestrial wireless transmission rates, terrestrial wireless
operating range, customized cryptography, network penetration
capability, cryptanalytic capability and ``non-standard
cryptography'').
    (12) See Sec.  740.17(b)(3) of the EAR. Describe whether the
product meets any of the criteria described under each of the
paragraphs in Sec.  740.17(b)(3) (e.g., chip, chipset, electronic
assembly, programmable logic device, cryptographic library,
cryptographic development kit, ``non-standard cryptography,''
digital forensics, and ``cryptographic activation'').
    (13) See Sec.  740.17(b)(2)(iii) of the EAR. For products which
incorporate an ``open cryptographic interface'' as defined in part
772 of the EAR, describe the cryptographic interface.
    (14) For products with IPsec capabilities:
    (i) Please describe your product's implementation of IKE vendor
IDs, including vendor specific and capability IDs; and

    (ii) Please specify which version of IKE you use (IKEv1 or
IKEv2).
* * * * *
    (d) * * *
    (1) If applicable, reference the executable (object code)
product that was previously classified by BIS;
* * * * *

0
22. Supplement No. 8 to part 742 is amended by:
0
a. Revising the introductory text;
0
b. Revising paragraphs (a) introductory text, (a)(5) introductory text,
and (a)(6);
0
c. Adding paragraphs (a)(7) through (12);
0
d. Revising paragraphs (b)(2) and (3) and (c)(1); and
0
e. Adding paragraph (c)(4).
    The revisions and additions read as follows:

Supplement No. 8 to Part 742--Self-Classification Report for Encryption
Items

    This supplement provides certain instructions and requirements
for self-classification reporting to BIS and the ENC Encryption
Request Coordinator (Ft. Meade, MD) of encryption commodities,
software and components exported or reexported pursuant to Sec.
740.17(b)(1) of the EAR. See Sec.  740.17(e)(3) of the EAR for
additional instructions and requirements pertaining to this
supplement, including when to report and how to report.
    (a) Information to report. The following information is required
in the file format as described in paragraph (b) of this supplement,
for each encryption item subject to the requirements of this
supplement and Sec. Sec.  740.17(b)(1) and 740.17(e)(3) of the EAR:
* * * * *
    (5) Encryption authorization type identifier, selected from one
of the following, which denote eligibility under License Exception
ENC Sec.  740.17(b)(1):
* * * * *
    (6) Item type descriptor, selected from one of the following:
    (i) Access point;
    (ii) Cellular;
    (iii) Computer or computing platforms;
    (iv) Computer forensics;
    (v) Cryptographic accelerator;
    (vi) Data backup and recovery;
    (vii) Database;
    (viii) Disk/drive encryption;
    (ix) Distributed computing;
    (x) Email communications;
    (xi) Fax communications;
    (xii) File encryption;
    (xiii) Firewall;
    (xiv) Gateway;
    (xv) Intrusion detection;
    (xvi) Identity management;
    (xvii) Key exchange;
    (xviii) Key management;
    (xix) Key storage;
    (xx) Link encryption;
    (xxi) Local area networking (LAN);
    (xxii) Metropolitan area networking (MAN);
    (xxiii) Mobility and mobile applications n.e.s.;
    (xxiv) Modem;
    (xxv) Multimedia n.e.s.;
    (xxvi) Network convergence or infrastructure n.e.s.;
    (xxvii) Network forensics;
    (xxviii) Network intelligence;
    (xxix) Network or systems management (OAM/OAM&P);
    (xxx) Network security monitoring;
    (xxxi) Network vulnerability and penetration testing;
    (xxxii) Operating system;
    (xxxiii) Optical networking;
    (xxxiv) Radio communications;
    (xxxv) Router;
    (xxxvi) Satellite communications;
    (xxxvii) Short range wireless n.e.s.;
    (xxxviii) Storage Area Networking (SAN);
    (xxxix) 3G/4G/5G/LTE/WiMAX;
    (xl) Trusted computing;
    (xli) Videoconferencing;
    (xlii) Virtual private networking (VPN);
    (xliii) Voice communications n.e.s.;
    (xliv) Voice over Internet Protocol (VoIP);
    (xlv) Wide Area Networking (WAN);
    (xlvi) Wireless Local Area Networking (WLAN);
    (xlvii) Wireless Personal Area Networking (WPAN);
    (xlviii) Test equipment n.e.s.; or
    (xlix) Other (please specify).
    (7) Name of company or individual submitting the report (50
characters or less).
    (8) Telephone number (50 characters or less).
    (9) Email address (50 characters or less).
    (10) Mailing address (50 characters or less).
    (11) With respect to your company's encryption products, do they
incorporate encryption components produced or furnished by non-U.S.
sources or vendors? Enter `YES', `NO', or if necessary, `N/A' (250
characters or less).
    (12) With respect to your company's encryption products, are any
of them manufactured in non-U.S. locations?'' If yes, list the non-
U.S. manufacturing locations by city and country. If necessary,
enter `NONE' or `N/A' (250 characters or less).
    (b) * * *
    (2) Each line of your encryption self-classification report
(.csv file) must consist of twelve entries as further described in
this supplement.
    (3) The first line of the .csv file must consist of the
following twelve entries (i.e., match the following) without
alteration or variation: PRODUCT NAME, MODEL NUMBER, MANUFACTURER,
ECCN, AUTHORIZATION TYPE, ITEM TYPE, SUBMITTER NAME, TELEPHONE
NUMBER, E-MAIL ADDRESS, MAILING ADDRESS, NON-U.S. COMPONENTS, NON-
U.S. MANUFACTURING LOCATIONS.

    Note to paragraph (b)(3): These first twelve entries (i.e.,
first row) of an encryption self-classification report in .csv
format correspond to the twelve column headers of a spreadsheet data
file. The responses provided under column headers 7 through 12
(SUBMITTER NAME through NON-U.S. MANUFACTURING LOCATIONS) relate to
the company as a whole, and thus should be entered the same for each
product (i.e., only one point of contact, one `YES' or `NO' answer
to whether any of the reported products incorporate non-U.S. sourced
encryption components, and one list of non-U.S. manufacturing
locations, is required for the report). However, even though the
information is the same for each product, please duplicate this
information into each row of the spreadsheet, leaving no entry
blank, so each product has the same identifying company information.

* * * * *
    (c) Other instructions. (1) The information provided in
accordance with this supplement and Sec. Sec.  740.17(b)(1) and
740.17(e)(3) of the EAR must identify product offerings as they are
typically distinguished in inventory, catalogs, marketing brochures
and other promotional materials.
* * * * *
    (4) Only products self-classified by the exporter or reexporter
must be reported. Products submitted for classification by the
Bureau of Industry and Security for which a CCATS is issued do not
need to be reported.

PART 743--[AMENDED]

0
23. The authority citation for part 743 continues to read as follows:

    Authority:  50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13637, 78 FR
16129, 3 CFR, 2014 Comp., p. 223; 78 FR 16129; Notice of August 4,
2016, 81 FR 52587 (August 8, 2016).

0
24. Section 743.2 is amended by revising paragraph (b) to read as
follows:

Sec.  743.2  High performance computers: Post shipment verification
reporting.

* * * * *
    (b) Requirement. Exporters must file post-shipment reports and keep
records in accordance with recordkeeping requirements in part 762 of
the EAR for high performance computer exports to destinations in
Computer Tier 3, as well as, exports of commodities used to enhance
computers previously exported or reexported to Computer Tier 3
destinations, where the ``Adjusted Peak Performance'' (``APP'') is
greater than that listed in ECCN 4A003.b in the Commerce Control List,
Supplement No. 1 to part 774 of the EAR.
* * * * *

PART 744--[AMENDED]

0
25. The authority citation for part 744 continues to read as follows:

    Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22
U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179;
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 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 September 18,
2015, 80 FR 57281 (September 22, 2015); Notice of November 12, 2015,
80 FR 70667 (November 13, 2015); Notice of January 20, 2016, 81 FR
3937 (January 22, 2016); Notice of August 4, 2016, 81 FR 52587
(August 8, 2016).

Supplement No. 4 to Part 744 [Amended]

0
26. Supplement No. 4 to part 744 is amended by removing the reference
``5D002 or 5A002.'' and adding in its place ``5A002, 5A004 or 5D002.''
in the third column ``License Requirement,'' in the entry for Ecuador.

PART 748--[AMENDED]

0
27. The authority citation for part 748 continues to read as follows:

    Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; Notice of August 4, 2016, 81 FR
52587 (August 8, 2016).

0
28. Section 748.1 is amended by revising paragraphs (a) and (d)
introductory text to read as follows:

Sec.  748.1  General provisions.

    (a) Scope. In this part, references to the Export Administration
Regulations or EAR are references to 15 CFR chapter VII, subchapter C.
The provisions of this part involve requests for classifications and
advisory opinions, export license applications, reexport license
applications, and certain license exception notices subject to the EAR.
All terms, conditions, provisions, and instructions, including the
applicant and consignee certifications, contained in electronic or
paper form(s) are incorporated as part of the EAR. For the purposes of
this part, the term ``application'' refers to both electronic
applications and the Form BIS-748P: Multipurpose Application.
* * * * *
    (d) Electronic filing required. All export and reexport license
applications (other than Special Iraq Reconstruction License
applications), License Exception AGR notifications, requests to
authorize use of License Exception STA for ``600 series'' end items
(which are currently submitted as export license applications) and
classification requests and their accompanying documents must be filed
via BIS's Simplified Network Application Processing system (SNAP-R),
unless BIS authorizes submission via the paper forms BIS 748-P
(Multipurpose Application Form), BIS-748P-A (Item Appendix) and BIS-
748P-B, (End-User Appendix). Only original paper forms may be used.
Facsimiles or reproductions are not acceptable.

0
29. Section 748.3 is amended by revising the section heading, the last
sentence in paragraph (a), and paragraph (d) to read as follows:

Sec.  748.3  Classification requests and advisory opinions.

    (a) * * * The encryption provisions in the EAR require the
submission of a classification request in accordance with Sec.
740.17(d) of the EAR in order for certain items to be eligible for
export and reexport under License Exception ENC (see Sec.  740.17 of
the EAR) or to be released from ``EI'' controls (see Sec. Sec.
740.17(b)(2) and 740.17(b)(3) of the EAR).
    (d) Classification requests for encryption items. A classification
request associated with encryption items transferred from the U.S.
Munitions List consistent with Executive Order 13026 of November 15,
1996 (3 CFR, 1996 Comp., p. 228) and pursuant to the Presidential
Memorandum of that date may be required to determine eligibility under
License Exception ENC or for release from ``EI'' controls. Refer to
Supplement No. 6 to part 742 of the EAR for a complete list of
technical information that is required for encryption classification
requests. Refer to Sec.  740.17(e)(3) and Supplement No. 8 to part 742
of the EAR for information that is required to be submitted in a self-
classification report. Refer to Sec.  740.17(b) of the EAR for
instructions regarding mass market encryption commodities and software,
including self-classifications and classification requests. Refer to
Sec.  740.17 of the EAR for the provisions of License Exception ENC,
including encryption self-classifications, classification requests and
sales reporting. All classification requests, notifications and reports
submitted to BIS pursuant to Sec. Sec.  740.17 and 742.15(b) of the EAR
will be reviewed by the ENC Encryption Request Coordinator, Ft. Meade,
MD.
* * * * *

0
30. Section 748.7 is amended by revising paragraphs (a) and (d) to read
as follows:

Sec.  748.7  Registering for electronic submission of license
applications and related documents.

    (a) Scope. This section describes the procedures for registering to
submit electronic documents to BIS. The procedures in this section
apply to submission of export and reexport license applications (other
than Special Iraq Reconstruction Licenses), classification requests,
and License Exception AGR notifications.
* * * * *
    (d) Role of individual users. An individual user may submit to BIS
export and reexport license applications (other than Special Iraq
Reconstruction Licenses), classification requests, and License
Exception AGR notifications.
* * * * *

Sec.  748.8   [Amended]

0
31. Section 748.8 is amended in paragraph (r) by removing the phrase
``and encryption registrations'' and removing and reserving paragraphs
(s) and (t).
0
32. Section 748.9 is amended by revising paragraph (c)(1)(viii) to read
as follows:

Sec.  748.9  Support documents for evaluation of foreign parties in
license applications.

* * * * *
    (c) * * *
    (1) * * *
    (viii) The license application is submitted for encryption
commodities controlled under ECCN 5A002, 5A004 or 5B002.
* * * * *

0
33. Supplement No. 1 to Part 748 is amended by revising the Block 5
paragraph to read as follows:

Supplement No. 1 to Part 748--Bis-748P, Bis-748P-A: Item Appendix, and
Bis-748P-B: End-User Appendix; Multipurpose Application Instructions

* * * * *
    Block 5: Type of Application. Export. If the items are located
within the United States, and you wish to export those items, mark
the Box labeled ``Export'' with an (X). Reexport. If the items are
located outside the United States, mark the Box labeled ``Reexport''
with an (X).
    Classification. If you are requesting BIS to classify your item
against the Commerce Control List (CCL), mark the Box labeled
``Classification Request'' with an (X). If you are submitting a
License Exception STA eligibility request pursuant to Sec.
740.20(g), mark the box labeled ``Export'' with an (X) and then
proceed to Block 6 of this supplement for instructions specific to
such requests.
* * * * *

0
34. Supplement No. 2 to part 748 is amended by:
0
a. Revising paragraph (r) introductory text;
0
b. Removing and reserving paragraph (r)(1);
0
c. Revising paragraph (r)(2)(ii)(B)(2);
0
d. Removing paragraph (r)(2)(iii); and
0
e. Removing and reserving paragraphs (s) and (t).
    The revisions read as follows:

Supplement No. 2 to Part 748--Unique Application and Submission
Requirements

* * * * *
    (r) Encryption classification requests. Failure to follow the
instructions in this paragraph may delay consideration of your
encryption classification request.
* * * * *
    (2) * * *
    (ii) * * *
    (B) * * *
    (2) ``Mass market encryption'' if you are submitting an
encryption classification request for certain mass market encryption
items (Sec.  740.17(b) of the EAR).
* * * * *

Supplement No. 7 to Part 748 [Amended]

0
35. Supplement No. 7 to part 748 is amended by removing the reference
to 3B001.c in the third column ``Eligible items (by ECCN),'' in the
following entries under China (People's Republic of):
0
a. Advanced Micro-Fabrication Equipment, Inc., China (two places);
0
b. Applied Materials (China), Inc., in destinations identified by both
one asterisk (*) and two asterisks (**) (two places)
0
c. Lam Research Service Co., Ltd, in Destinations Identified by both a
single asterisk (*), (in two places) and by two asterisks (**), (two
places)
0
d. Samsung China Semiconductor Co. Ltd;
0
e. Semiconductor Manufacturing International Corporation;
0
f. Shanghai Huahong Grace Semiconductor Manufacturing Corporation;
0
g. SK hynix Semiconductor (China) Ltd; and
0
h. SK hynix Semiconductor (Wuxi) Ltd.
0
36. Supplement No. 7 to part 748 is further amended by removing the
phrase ``ECCN 5A002 that have been classified by BIS as eligible for
License Exception ENC under paragraph (b)(2) or (b)(3) of Section
740.17 of the EAR, or classified by BIS as a mass market item under
paragraph (b)(3) of Section 742.15 of the EAR).'' and adding in its
place ``ECCN 5A002 that have been classified by BIS as eligible for
License Exception ENC under paragraph (b)(2) or (3) of Sec.  740.17 of
the EAR).'' for ``Semiconductor Manufacturing International
Corporation'' under China (People's Republic of).
0
37. Supplement No. 7 to part 748 is further amended by removing
``(limited to production technology for integrated circuits controlled
by ECCNs 5A002 or 5A992 that have been successfully reviewed under the
encryption review process specified in Sections 740.17(b)(2) or
740.17(b)(3) and 742.15 of the EAR)'' and adding in its place
``(controlled by ECCNs 5A002, 5A004, or 5A992 that have been
successfully reviewed under the encryption review process specified in
Sections 740.17(b)(2) or 740.17(b)(3) of the EAR)'' in the third column
``Eligible items (by ECCN)'' for ``Shanghai Huahong Grace Semiconductor
Manufacturing Corporation'' under China (People's Republic of).

PART 770--[AMENDED]

0
38. The authority citation for part 770 continues to read as follows:

    Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 4,
2016, 81 FR 52587 (August 8, 2016).

0
39. Section 770.2 is amended by revising paragraphs (l) and (m) to read
as follows:

Sec.  770.2  Item interpretations.

* * * * *
    (l) Interpretation 12: Computers. (1) Digital computers or computer
systems classified under ECCN 4A003.b or .c, that qualify for ``No
License Required'' (NLR) must be evaluated on the basis of Adjusted
Peak Performance (APP) alone, to the exclusion of all other technical
parameters. Digital computers or computer systems classified under ECCN
4A003.b or .c that qualify for License Exception APP must be evaluated
on the basis of APP, to the exclusion of all other technical
parameters. Assemblies performing analog-to-digital conversions are
evaluated under Category 3--Electronics, ECCN 3A002.h.
    (2) Related equipment classified under ECCN 4A003.g may be exported
or reexported under License Exceptions GBS or CIV. When related
equipment is exported or reexported as part of a computer system, NLR
or License Exception APP is available for the computer system and the
related equipment, as appropriate.
* * * * *
    (m) Interpretation 13: Encryption commodities and software
controlled for EI reasons. Encryption commodities and software
controlled for EI reasons under ECCNs 5A002, 5A004 and 5D002 may be
pre-loaded on a laptop, handheld device or other computer or equipment
and exported under the tools of trade provision of License Exception
TMP or the personal use exemption under License Exception BAG, subject
to the terms and conditions of such License Exceptions. Neither License
Exception TMP nor License Exception BAG contains a reporting
requirement. Like other ``information security'' ``software,''
components, ``electronic assemblies'' or modules, the control status of
encryption commodities and software is determined in Category 5--Part 2
even if they are bundled, commingled or incorporated in a computer or
other equipment. However, commodities and software specially designed
for medical end use that incorporate an item in Category 5--Part 2 are
not controlled in Category 5--Part 2. See paragraph (a) of Supplement
No. 3 to part 774 (Statements of Understanding) of the EAR.

PART 772--[AMENDED]

0
40. The authority citation for part 772 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
4, 2016, 81 FR 52587 (August 8, 2016).

0
41. Section 772.1 is amended by:
0
a. Revising the terms ``Accuracy'' and ``Airship;''
0
b. Revising the terms ``Circular Error Probable,'' ``Cryptography,''
and ``FADEC;''
0
c. Removing the term ``Fixed;''
0
d. Revising the terms ``Frequency switching time'' and ``Full Authority
Digital Engine Control Systems;''
0
e. Revising the term ``Government end users (as applied to encryption
items);''
0
f. In the definition of ``Information security,'' removing ``(Cat 4,
5P1, 5P2, 8, GSN)'' and adding in its place ``(Cat 5P2, GSIN, GSN)'';
0
g. Revising the term ``Laser;''
0
h. Adding in alphabetical order the terms ``Less sensitive government
end users (applied to encryption items),'' ``Lighter-than-air
vehicles,'' and ``More sensitive government end users (applied to
encryption items);''
0
i. Removing the term ``Optical amplification;''
0
j. Revising the term ``Publicly available encryption software;''
0
k. Adding in alphabetical order the term ``Pyrotechnic(s);''
0
l. Revising the term ``Source code;'' and
0
m. Removing the term ``System tracks.''
    The revisions and additions read as follows:

Sec.  772.1  Definitions of terms as used in the Export Administration
Regulations (EAR).

* * * * *
    Accuracy. (Cat 2, 3, 6, 7 and 8)--``Accuracy'' is usually measured
in terms of inaccuracy. It is defined as the maximum deviation,
positive or

negative, of an indicated value from an accepted standard or true
value.
* * * * *
    Airship. (Cat 2 and 9) A power-driven airborne vehicle that is kept
buoyant by a body of gas (usually helium, formerly hydrogen) which is
lighter than air.
* * * * *
    Circular Error Probable. (``CEP'') (Cat 7) In a circular normal
distribution, the radius of the circle containing 50% of the individual
measurements being made, or the radius of the circle within which there
is a 50% probability of being located.
* * * * *
    Cryptography. (Cat 5P2)--The discipline that embodies principles,
means and methods for the transformation of data in order to hide its
information content, prevent its undetected modification or prevent its
unauthorized use. ``Cryptography'' is limited to the transformation of
information using one or more `secret parameters' (e.g., crypto
variables) and/or associated key management.

    Note: ``Cryptography'' does not include `fixed' data compression
or coding techniques.

    Technical Notes:
    1. `Secret parameter': a constant or key kept from the knowledge
of others or shared only within a group.
    2. `Fixed': the coding or compression algorithm cannot accept
externally supplied parameters (e.g., cryptographic or key
variables) and cannot be modified by the user.

* * * * *
    FADEC systems. See ``full authority digital engine control
systems.''
* * * * *
    Frequency switching time. (Cat 3) The time (i.e., delay) taken by a
signal when switched from an initial specified output frequency, to
arrive at or within any of the following:
    (1) 100 Hz of a final specified output frequency of
less than 1 GHz; or
    (2) 0.1 part per million of a final specified output
frequency equal to or greater than 1 GHz.
* * * * *
    Full Authority Digital Engine Control Systems. (``FADEC Systems'')
(Cat 9) A digital electronic control system for a gas turbine engine
that is able to autonomously control the engine throughout its whole
operating range from demanded engine start until demanded engine shut
down, in both normal and fault conditions.
* * * * *
    Government end user'' (as applied to encryption items). A
government end user is any foreign central, regional or local
government department, agency, or other entity performing governmental
functions; including governmental research institutions, governmental
corporations or their separate business units (as defined in part 772
of the EAR) which are engaged in the manufacture or distribution of
items or services controlled on the Wassenaar Munitions List, and
international governmental organizations. This term does not include:
Utilities (including telecommunications companies and Internet service
providers); banks and financial institutions; transportation; broadcast
or entertainment; educational organizations (except public schools and
universities); civil health and medical organizations (including public
civilian hospitals); retail or wholesale firms; and manufacturing or
industrial entities not engaged in the manufacture or distribution of
items or services controlled on the Wassenaar Munitions List.
* * * * *
    Laser. (Cat 1, 2, 3, 5P1, 6, 7, 8 and 9)--An item that produces
spatially and temporally coherent light through amplification by
stimulated emission of radiation. See also: ``Chemical laser;'' ``Super
High Power Laser;'' and ``Transfer laser.''
    Less sensitive government end users (as applied to encryption
items). The following ``government end users'' (as defined in this
Section of the EAR) are considered ``less sensitive'' for the purposes
of License Exception ENC (Sec.  740.17 of the EAR):
    (1) Local/state/provincial ``government end users'' (departments,
agencies and entities), including local/state/provincial executive,
legislative, judicial, police, fire, rescue and public safety agencies.
    (2) National/federal/royal ``government end users'' (departments,
agencies and entities) providing the following civil government
functions and services:
    (i) Census and statistics services;
    (ii) Civil public works infrastructure services (construction,
maintenance, repair, regulation and administration) as follows:
Buildings, public transportation, roads and highways, trucking;
    (iii) Civil service administration and regulation, including human
resources and personnel/labor management;
    (iv) Clean water infrastructure services (treatment, supply and
testing);
    (v) Economic (trade/commerce/investment), business and industrial
development, promotion, regulation and administration, excluding the
following end users/end uses:
    (A) Agencies, departments, boards and councils for science and
technology;
    (B) Research, development and national laboratories (other than as
specified in paragraphs (2)(xi) (measurements and standards services)
and (2)(xii) (meteorology/weather/atmospheric services) of this
definition (below);
    (C) National telecommunications and information technology
agencies, boards, councils and development authorities (including
national information center, and Information Communications Technology
(ICT)/telecommunications infrastructure/spectrum planning, policy,
regulation and testing);
    (vi) Elections, balloting and polling services;
    (vii) Energy regulation and administration, including oil, gas and
mining sectors;
    (viii) Environmental/natural resources regulation, administration
and protection, including wildlife, fisheries and national parks;
    (ix) Food/agriculture regulation and administration;
    (x) Labor/community/social services planning, regulation and
administration, including: housing and urban development, municipality
and rural affairs;
    (xi) Measurements and standards services;
    (xii) Meteorology (weather, atmospheric) services;
    (xiii) National archives/museums;
    (xiv) Patents;
    (xv) Pilgrimage and religious affairs;
    (xvi) Postal services;
    (xvii) Public and higher education (excluding government research
institutions and any agency, institution or affiliate engaged in the
manufacture or distribution of items or services controlled on the
Wassenaar Munitions List);
    (xviii) Public health and medicine/pharmaceutical regulation and
administration;
    (xix) Public libraries;
    (xx) Sports/culture (includes film, commercial broadcasting and the
arts) promotion, regulation and administration;
    (xxi) Travel/tourism promotion, regulation and administration.
* * * * *
    Lighter-than-air vehicles. (Cat 2 and 9) Balloons and ``airships''
that rely on hot air or on lighter-than-air gases such as helium or
hydrogen for their lift.
* * * * *
    More sensitive government end users (as applied to encryption
items). The

following national/federal/royal (departments, agencies and entities)
``government end users'' (as defined in this section of the EAR)
providing the following government functions and services, are
considered ``more sensitive:''
    (1) Agencies, departments, boards and councils for science and
technology (including research, development and state/national
laboratories, but not including measurements and standards);
    (2) Currency and monetary authorities (including departments and
offices of the national/federal/royal reserve);
    (3) Executive agents of state (including offices of president/vice
president/prime minister, royal courts, national security councils,
cabinet/council of ministers/supreme councils/executive councils, crown
princes and other deputies of the rulers, departments and offices of
political/constitutional/mainland affairs);
    (4) Legislative bodies responsible for the enactment of laws;
    (5) Import/export control, customs and immigration agencies and
entities;
    (6) Intelligence agencies and entities;
    (7) Judiciary (including supreme courts and other national/federal/
regional/royal high courts and tribunals);
    (8) Maritime, port, railway and airport authorities;
    (9) Military and armed services (including national guard, coast
guard, security bureaus and paramilitary);
    (10) Ministries, departments and garrisons of defense (including
defense technology agencies);
    (11) Ministries and departments of finance and taxation (including
national/federal/royal budget and revenue authorities);
    (12) Ministries and departments of foreign affairs/foreign
relations/consulates/embassies;
    (13) Ministries of interior, internal/home/mainland affairs, and
homeland security;
    (14) State/national telecommunications and information technology
agencies, boards, councils and development authorities (including
national information/critical infrastructure data centers, and
Information and Communications Technology (ICT)/telecommunications
infrastructure/spectrum planning, policy, regulation and testing);
    (15) Police, investigation and other law enforcement agencies and
entities (including digital crime/cybercrime/computer forensics,
counter narcotics/counter terrorism/counter proliferation agencies);
    (16) Prisons;
    (17) Public safety agencies and entities (including national/
federal/royal agencies and departments of civil defense, emergency
management, and first responders).
* * * * *
    Publicly available encryption software. See Sec.  742.15(b) of the
EAR.
* * * * *
    Pyrotechnic(s). (Cat 1) Mixtures of solid or liquid fuels and
oxidizers which, when ignited, undergo an energetic chemical reaction
at a controlled rate intended to produce specific time delays, or
quantities of heat, noise, smoke, visible light or infrared radiation.
Pyrophorics are a subclass of pyrotechnics, which contain no oxidizers
but ignite spontaneously on contact with air.
* * * * *
    Source code (or source language). (Cat 1, 4, 5P2, 6, 7, and 9)--A
convenient expression of one or more processes that may be turned by a
programming system into equipment executable form (``object code'' (or
object language)).
* * * * *

PART 774--[AMENDED]

0
42. The authority citation for part 774 continues to read as follows:

    Authority: 50 U.S.C. 4601 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; 43
U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. 4305; 22 U.S.C. 7201 et
seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of
August 4, 2016, 81 FR 52587 (August 8, 2016).

0
43. Section 774.1 is amended by adding paragraph (e) to read as
follows:

Sec.  774.1  Introduction.

* * * * *
    (e) Chemicals identified by Chemical Abstracts Service (CAS)
number. In some instances chemicals are listed by name and CAS number.
The list applies to chemicals of the same structural formula (including
hydrates) regardless of name or CAS number. CAS numbers are shown to
assist in identifying a particular chemical or mixture, irrespective of
nomenclature. CAS numbers cannot be used as unique identifiers because
some forms of the listed chemical have different CAS numbers, and
mixtures containing a listed chemical may also have different CAS
numbers.

Supplement No. 1 to Part 774 [Amended]

0
44. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 0, ECCN 0A617 is amended by adding double quotes around the
term ``laser'' in paragraph (8) of the Related Controls paragraph in
the List of Items Controlled section.
0
45. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1A001 is amended by removing and reserving paragraph b
and removing paragraph c from the Items paragraph of the List of Items
Controlled section.
0
46. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1A002 is amended by adding double quotes around the
term ``composite'' in the introductory text of Note 1 following Items
paragraph b.2 of the List of Items Controlled section.
0
47. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1A004, Items paragraph of the List of Items controlled
is amended by revising paragraphs a.1, b.1, and c.1 and the Technical
Notes at the end of the Items paragraph to read as follows:

Supplement No. 1 to Part 774--The Commerce Control List

* * * * *
1A004 Protective and detection equipment and ``components,'' not
``specially designed'' for military use, as follows (see List of
Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:

    a. * * *
    a.1. `Biological agents';
* * * * *
    b. * * *
    b.1. `Biological agents';
* * * * *
    c. * * *
    c.1. `Biological agents';
* * * * *
    Technical Notes:
    1. 1A004 includes equipment, ``components'' that have been
`identified,' successfully tested to national standards or otherwise
proven effective, for the detection of or defense against
radioactive materials ``adapted for use in war,'' `biological
agents,' chemical warfare agents, `simulants' or ``riot control
agents,'' even if such equipment or ``components'' are used in civil
industries such as mining, quarrying, agriculture, pharmaceuticals,
medical, veterinary, environmental, waste management, or the food
industry.
    2. `Simulant': A substance or material that is used in place of
toxic agent (chemical or biological) in training, research, testing
or evaluation.
    3. For the purposes of 1A004, `biological agents' are pathogens
or toxins, selected or modified (such as altering purity, shelf
life, virulence, dissemination characteristics, or resistance to UV
radiation) to produce casualties in humans or animals, degrade
equipment or damage crops or the environment.

0
48. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1A613, Items paragraph of the List of Items controlled
is amended by revising paragraph c and adding a Nota Bene after
paragraph y.1 to read as follows:

1A613 Armored and protective ``equipment'' and related commodities,
as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    c. Military helmets (other than helmets controlled under
1A613.y.1) providing less than NIJ Type IV protection and
``specially designed'' helmet shells, liners, or comfort pads
therefor.

    Note 1: See ECCN 0A979 for controls on police helmets.

    Note 2: See USML Category X(a)(5) and (a)(6) for controls on
other military helmets.

* * * * *
    y. * * *
    y.1 * * *

    N.B. to paragraph y.1: For other military helmet ``components''
or ``accessories,'' see the relevant ECCN in the CCL or USML Entry.

* * * * *
0
49. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1C001, the List of Items Controlled section, the Items
paragraph is amended by adding double quotes around the term ``laser''
in paragraphs (a) and (b) of the Note to 1C001.b.
0
50. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1C002, the List of Items Controlled section is amended
by revising the Note at the beginning of the Items paragraph to read as
follows:

1C002 Metal alloys, metal alloy powder and alloyed materials, as
follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:

    Note: 1C002 does not control metal alloys, metal alloy powder
and alloyed materials, specially formulated for coating purposes.

* * * * *
0
51. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1C006, the List of Items Controlled section, the Items
paragraph is amended by removing and reserving paragraph .a (including
the subparagraphs through a.2.e and the Technical Note for 1C006.a.2).
0
52. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1C008, the List of Items Controlled section is amended
by revising the Technical Notes at the end of the Items paragraph to
read as follows:

1C008 Non-fluorinated polymeric substances as follows (see List of
Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    Technical Notes:
    1. The `glass transition temperature (Tg)' for 1C008.a.2
thermoplastic materials, 1C008.a.4 materials and 1C008.f materials
is determined using the method described in ISO 11357-2 (1999) or
national equivalents.
    2. The `glass transition temperature (Tg)' for 1C008.a.2
thermosetting materials and 1C008.a.3 materials is determined using
the 3-point bend method described in ASTM D 7028-07 or equivalent
national standard. The test is to be performed using a dry test
specimen which has attained a minimum of 90% degree of cure as
specified by ASTM E 2160-04 or equivalent national standard, and was
cured using the combination of standard- and post-cure processes
that yield the highest Tg.

0
53. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1C009, List of Items Controlled section, the Items
paragraph is amended by removing and reserving paragraph a.
0
54. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1C608 is amended by:
0
a. Revising the Related Definitions paragraph in the List of Items
Controlled section; and
0
b. Revising the Items paragraph of the List of Items Controlled
section.
    The revisions read as follows:

1C608 Energetic materials and related commodities (see List of Items
Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Definitions: (1) For purposes of this entry, the term
`controlled materials' means controlled energetic materials
enumerated in ECCNs 1C011, 1C111, 1C239, 1C608, or USML Category V.
(2) For the purposes of this entry, the term `propellants' means
substances or mixtures that react chemically to produce large
volumes of hot gases at controlled rates to perform mechanical work.
Items:

    a. `Single base,' `double base,' and `triple base' `propellants'
having nitrocellulose with nitrogen content greater than 12.6% in
the form of either:
    a.1. `Sheetstock' or `carpet rolls;' or
    a.2. Grains with diameter greater than 0.10 inches.

    Note: This entry does not control `propellant' grains used in
shotgun shells, small arms cartridges, or rifle cartridges.

    Technical Notes:
    1. `Sheetstock' is `propellant' that has been manufactured in
the form of a sheet suitable for further processing.
    2. A `carpet roll' is `propellant' that has been manufactured as
a sheet, often cut to a desired width, and subsequently rolled up
(like a carpet).
    3. `Single base' is `propellant' which consists mostly of
nitrocellulose.
    4.'Double base' `propellant' consist mostly of nitrocellulose
and nitroglycerine.
    5. `Triple base' consists mostly of nitrocellulose,
nitroglycerine, and nitroguanidine. Such `propellants' contain other
materials, such as resins or stabilizers, that could include carbon,
salts, burn rate modifiers, nitrodiphenylamine, wax, polyethylene
glycol (PEG), polyglycol adipate (PGA).
    b. Shock tubes containing greater than 0.064 kg per meter (300
grains per foot), but not more than 0.1 kg per meter (470 grains per
foot) of `controlled materials.'
    c. Cartridge power devices containing greater than 0.70 kg, but
not more than 1.0 kg of `controlled materials.'
    d. Detonators (electric or nonelectric) and ``specially
designed'' assemblies therefor containing greater than 0.01 kg, but
not more than 0.1 kg of `controlled materials.'
    e. Igniters not controlled by USML Categories III or IV that
contain greater than 0.01 kg, but not more than 0.1 kg of
`controlled materials.'
    f. Oil well cartridges containing greater than 0.015 kg, but not
more than 0.1 kg of `controlled materials.'
    g. Commercial cast or pressed boosters containing greater than
1.0 kg, but not more than 5.0 kg of `controlled materials.'
    h. Commercial prefabricated slurries and emulsions containing
greater than 10 kg and less than or equal to thirty-five percent by
weight of USML `controlled materials.'
    i. [Reserved]
    j. ``Pyrotechnic'' devices ``specially designed'' for commercial
purposes (e.g., theatrical stages, motion picture special effects,
and fireworks displays), and containing greater than 3.0 kg, but not
more than 5.0 kg of `controlled materials.'
    k. Other commercial explosive devices or charges ``specially
designed'' for commercial applications, not controlled by 1C608.c
through .g above, containing greater than 1.0 kg, but not more than
5.0 kg of `controlled materials.'
    l. Propyleneimine (2 methylaziridine) (C.A.S. #75-55-8).
    m. Any oxidizer or `mixture' thereof that is a compound composed
of fluorine and any of the following: Other halogens, oxygen, or
nitrogen.

    Note 1 to 1C608.m: Nitrogen trifluoride (NF3)(CAS 7783-54-2) in
a gaseous state is controlled under ECCN 1C992 and not under ECCN
1C608.m.

    Note 2 to 1C608.m: Chlorine trifluoride (ClF3)(CAS 7790-91-2) is
controlled under ECCN 1C111.a.3.f and not under ECCN 1C608.m.

    Note 3 to 1C608.m: Oxygen difluoride (OF2) is controlled under
USML Category V.d.10 (see 22 CFR 121.1) and not under ECCN 1C608.m.

    Note to 1C608.l and m: If a chemical in ECCN 1C608.l or .m is
incorporated into a commercial charge or device described in ECCN
1C608.c through .k or in ECCN 1C992, the classification of the
commercial charge or device applies to the item.

    Technical Note to 1C608.m: `Mixture' refers to a composition of
two or more substances with at least one substance being enumerated
in 1C011, 1C111, 1C239, 1C608, USML Category V, or elsewhere on the
USML.

    n. Any explosives, `propellants,' oxidizers, ``pyrotechnics,''
fuels, binders, or additives that are ``specially designed'' for
military application and not enumerated or otherwise described in
USML Category V or elsewhere on the USML.

0
55. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1E001 is amended by revising the Heading and the first
NS paragraph in the table of the License Requirements section to read
as follows:

1E001 ``Technology'' according to the General Technology Note for
the ``development'' or ``production'' of items controlled by 1A002,
1A003, 1A004, 1A005, 1A006.b, 1A007, 1A008 1A101, 1B (except 1B608,
1B613 or 1B999), or 1C (except 1C355, 1C608, 1C980 to 1C984, 1C988,
1C990, 1C991, 1C995 to 1C999).

License Requirements

* * * * *

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

NS applies to ``technology'' for items      NS Column 1
 controlled by 1A002, 1A003, 1A005,
 1A006.b, 1A007, 1B001 to 1B003, 1B018,
 1C001 to 1C011, or 1C018.

                                * * * * *

* * * * *
0
56. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1E002 is amended by removing the phrase ``contained in
aircraft manufacturers' manuals'' and adding in its place ``contained
in ``aircraft'' manufacturers' manuals'' in the Note to 1E002.f.
0
57. In Supplement No. 1 to Part 774 (the Commerce Control List), the
Annex to Category 1 is amended by revising paragraph 48 and adding
paragraph 49 to read as follows:

ANNEX to Category 1

List of Explosives (See ECCNs 1A004 and 1A008)

* * * * *
    48. Energetic ionic materials melting between 343 K (70[deg]C)
and 373 K (100[deg]C) and with detonation velocity exceeding 6,800
m/s or detonation pressure exceeding 18 GPa (180 kbar);
    49. BTNEN (Bis(2,2,2-trinitroethyl)-nitramine) (CAS 19836-28-3).

0
58. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2, ECCN 2B001 is amended by revising paragraphs a, b.1 and
b.2.a in the Items paragraph of the List of Items Controlled section,
to read as follows:

2B001 Machine tools and any combination thereof, for removing (or
cutting) metals, ceramics or ``composites,'' which, according to the
manufacturer's technical specifications, can be equipped with
electronic devices for ``numerical control;'' as follows (see List
of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    a. Machine tools for turning having two or more axes which can
be coordinated simultaneously for ``contouring control'' having any
of the following:
    a.1. ``Unidirectional positioning repeatability'' equal to or
less (better) than 0.9 [micro]m along one or more linear axis with a
travel length less than 1.0 m; or
    a.2. ``Unidirectional positioning repeatability'' equal to or
less (better) than 1.1 [micro]m along one or more linear axis with a
travel length equal to or greater than 1.0 m;

    Note 1: 2B001.a does not control turning machines ``specially
designed'' for producing contact lenses, having all of the
following:
    a. Machine controller limited to using ophthalmic based
``software'' for part programming data input; and
    b. No vacuum chucking.

    Note 2: 2B001.a does not apply to bar machines (Swissturn),
limited to machining only bar feed thru, if maximum bar diameter is
equal to or less than 42 mm and there is no capability of mounting
chucks. Machines may have drilling and/or milling capabilities for
machining parts with diameters less than 42 mm.
    b. * * *
    b.1. Three linear axes plus one rotary axis which can be
coordinated simultaneously for ``contouring control'' having any of
the following:
    b.1.a. ``Unidirectional positioning repeatability'' equal to or
less (better) than 0.9 [micro]m along one or more linear axis with a
travel length less than 1.0 m; or
    b.1.b. ``Unidirectional positioning repeatability'' equal to or
less (better) than 1.1 [micro]m along one or more linear axis with a
travel length equal to or greater than 1.0 m;
    b.2. * * *
    b.2.a. ``Unidirectional positioning repeatability'' equal to or
less (better) than 0.9 [micro]m along one or more linear axis with a
travel length less than 1.0 m;

* * * * *
0
59. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2, ECCN 2B006 is amended by:
0
a. Revising the NP Column 1 paragraph in the License Requirements
table;
0
b. Revising the Note following the introductory Items paragraph b.1;
0
c. Revising Items paragraph b.1.c in the List of Items Controlled
section; and
0
d. Adding double quotes around the term ``laser'' in the Note to Items
paragraph b.2 in the List of Items Controlled section.
    The revisions read as follows:

2B006 Dimensional inspection or measuring systems, equipment, and
``electronic assemblies,'' as follows (see List of Items
Controlled).

License Requirements

* * * * *

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

                                * * * * *
NP applies to those items in 2B006.a and    NP Column 1
 .b that meet or exceed the technical
 parameters in 2B206.

                                * * * * *

* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    b. * * *
    b.1. * * *
    Note: Interferometer and optical-encoder displacement measuring
systems containing a ``laser'' are only specified by 2B006.b.1.c.
* * * * *
    b.1.c. Measuring systems having all of the following:
    b.1.c.1. Containing a ``laser;''
    b.1.c.2. A ``resolution'' over their full scale of 0.200 nm or
less (better); and
    b.1.c.3. Capable of achieving a ``measurement uncertainty''
equal to or less (better) than (1.6 + L/2,000) nm (L is the measured
length in mm) at any point within a measuring range, when
compensated for the refractive index of air and measured over a
period of 30 seconds at a temperature of 200.01[deg]C;
or
* * * * *
    b.2. * * *
    Note: 2B006.b.2 does not control optical instruments, such as
autocollimators, using

collimated light (e.g., ``laser'' light) to detect angular
displacement of a mirror.
* * * * *
0
60. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3, ECCN 3A001 is amended by:
0
a. Revising the Heading;
0
b. Revising Items paragraph a.5.a.2 through a.5.a.5, not including the
Technical Note, in the List of Items Controlled section;
0
c. Revising Items introductory paragraph b, not including the Technical
Note, and Items paragraph e.1.b, in the List of Items Controlled
section; and
0
d. Adding double quotes to the term ``accuracy'' in Items paragraph f.
    The revisions read as follows:

3A001 Electronic items as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:

    a. * * *
    a.5. * * *
* * * * *
    a.5.a.2. A resolution of 10 bit or more, but less than 12 bit,
with an output rate greater than 500 million words per second;
    a.5.a.3. A resolution of 12 bit or more, but less than 14 bit,
with an output rate greater than 200 million words per second;
    a.5.a.4. A resolution of 14 bit or more, but less than 16 bit,
with an output rate greater than 250 million words per second; or
    a.5.a.5. A resolution of 16 bit or more with an output rate
greater than 65 million words per second;
* * * * *
    b. Microwave or millimeter wave items, as follows:
* * * * *
    e. * * *
    e.1. * * *
    e.1.b. `Secondary cells' having an `energy density' exceeding
350 Wh/kg at 293 K (20 [deg]C);
* * * * *
0
61. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3, ECCN 3A002 is amended by:
0
a. Revising the Heading;
0
b. Revising the License Requirements and List Based License Exceptions
sections;
0
c. Revising the Related Controls paragraph in the List of Items
Controlled section;
0
d. Removing and reserving Items paragraph a.5 of the List of Items
Controlled section;
0
e. Adding a Nota Bene (N.B.) under the reserved Items paragraphs a.1 to
a.5 of the List of Items Controlled section;
0
f. Revising Items paragraph a.6 of the List of Items Controlled
section; and
0
g. Adding Items paragraph h to the List of Items Controlled section.
    The additions and revisions read as follows:

3A002 General purpose ``electronic assemblies,'' modules and
equipment, as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, MT, AT

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

NS applies to entire entry................  NS Column 2
MT applies to 3A002.h when the parameters   MT Column 1
 in 3A101.a.2.b are met or exceeded.
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: 3A002.a, .e, .f, and .g
    $5000: 3A002.c to .d, and .h (unless controlled for MT);
GBS: Yes, for 3A002.h (unless controlled for MT)
CIV: Yes, for 3A002.h (unless controlled for MT)
* * * * *

List of Items Controlled

    Related Controls: See Category XV(e)(9) of the USML for certain
``space-qualified'' atomic frequency standards ``subject to the
ITAR'' (see 22 CFR parts 120 through 130). See also 3A101, 3A292,
3A992 and 9A515.x.
* * * * *
Items:

    a. * * *
    a.1. to a.5. [RESERVED]
    N.B.: For waveform digitizers and transient recorders, see
3A002.h.
    a.6. Digital data recorders having all of the following:
    a.6.a. A sustained `continuous throughput' of more than 6.4
Gbit/s to disk or solid-state drive memory; and
    a.6.b. A processor that performs analysis of radio frequency
signal data while it is being recorded;
    Technical Notes:
    1. For recorders with a parallel bus architecture, the
`continuous throughput' rate is the highest word rate multiplied by
the number of bits in a word.
    2. `Continuous throughput' is the fastest data rate the
instrument can record to disk or solid-state drive memory without
the loss of any information while sustaining the input digital data
rate or digitizer conversion rate.
* * * * *
    h. ``Electronic assemblies,'' modules or equipment, specified to
perform all of the following:
    h.1. Analog-to-digital conversions meeting any of the following:
    h.1.a. A resolution of 8 bit or more, but less than 10 bit, with
an input sample rate greater than 1.3 billion samples per second;
    h.1.b. A resolution of 10 bit or more, but less than 12 bit,
with an input sample rate greater than 1.0 billion samples per
second;
    h.1.c. A resolution of 12 bit or more, but less than 14 bit,
with an input sample rate greater than 1.0 billion samples per
second;
    h.1.d. A resolution of 14 bit or more but less than 16 bit, with
an input sample rate greater than 400 million samples per second; or
    h.1.e. A resolution of 16 bit or more with an input sample rate
greater than 180 million samples per second; and
    h.2. Any of the following:
    h.2.a. Output of digitized data;
    h.2.b. Storage of digitized data; or
    h.2.c. Processing of digitized data;
    N.B.: Digital data recorders, oscilloscopes, ``signal
analyzers,'' signal generators, network analyzers and microwave test
receivers, are specified by 3A002.a.6, 3A002.a.7, 3A002.c, 3A002.d,
3A002.e and 3A002.f, respectively.

    Technical Note: For multiple-channel ``electronic assemblies''
or modules, control status is determined by the highest single-
channel specified performance.

    Note: 3A002.h includes ADC cards, waveform digitizers, data
acquisition cards, signal acquisition boards and transient
recorders.

0
62. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3, ECCN 3A101 is amended by revising the Related Controls
paragraph in the List of Items Controlled section to read as follows:

3A101 Electronic equipment, devices, ``parts'' and ``components,''
other than those controlled by 3A001, as follows (see List of Items
Controlled).
* * * * *

List of Items Controlled

Related Controls: See also ECCN 3A002.h for controls on analog-to-
digital ``electronic assemblies,'' modules or equipment.
* * * * *
0
63. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3, ECCN 3A292 is amended by revising the Heading to read as
follows:

3A292 Oscilloscopes and transient recorders other than those
controlled by 3A002.h, and ``specially designed'' ``parts'' and
``components'' therefor.
* * * * *
0
64. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3, ECCN 3B001 is amended by:
0
a. Revising the CIV paragraph in the List Based License Exceptions
section;
0
b. Removing and reserving Items paragraph c in the List of Items
Controlled section;
0
c. Revising Items paragraph e.1 in the List of Items Controlled
section;

0
d. Removing the word ``etch,'' in Technical Note 1 after Items
paragraph e.2;
0
e. Adding a Note to Items paragraph f.2;
0
f. Revising Items paragraph f.3 in the List of Items Controlled
section; and
0
g. Adding Items paragraph f.4 in the List of Items Controlled section.
    The revisions and additions read as follows:

3B001 Equipment for the manufacturing of semiconductor devices or
materials, as follows (see List of Items Controlled) and ``specially
designed'' ``components'' and ``accessories'' therefor.
* * * * *

List Based License Exceptions (See Part 740 for a description of all
license exceptions)

* * * * *
CIV: Yes for equipment controlled by 3B001.a.1 and a.2.

List of Items Controlled

* * * * *
Items:
* * * * *
    e. * * *
    e.1. Interfaces for wafer input and output, to which more than
two functionally different `semiconductor process tools' controlled
by 3B001.a.1, 3B001.a.2, 3B001.a.3 or 3B001.b are designed to be
connected; and
* * * * *
    f. * * *
    f.2. * * *
    Note: 3B001.f.2 includes:
--Micro contact printing tools
--Hot embossing tools
--Nano-imprint lithography tools
--Step and flash imprint lithography (S-FIL) tools

    f.3. Equipment ``specially designed'' for mask making having all
of the following:
    f.3.a. A deflected focused electron beam, ion beam or ``laser''
beam; and
    f.3.b. Having any of the following:
    f.3.b.1. A Full-Width Half-Maximum (FWHM) spot size smaller than
65 nm and an image placement less than 17 nm (mean + 3 sigma); or
    f.3.b.2. [Reserved]
    f.3.b.3. A second-layer overlay error of less than 23 nm (mean +
3 sigma) on the mask;
    f.4. Equipment designed for device processing using direct
writing methods, having all of the following:
    f.4.a. A deflected focused electron beam; and
    f.4.b. Having any of the following:
    f.4.b.1. A minimum beam size equal to or smaller than 15 nm; or
    f.4.b.2. An overlay error less than 27 nm (mean + 3 sigma);
* * * * *
0
65. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3, ECCN 3D001 is amended by:
0
a. Revising the Heading;
0
b. Revising the NS paragraph in the License Requirements table; and
0
c. Revising the CIV paragraph in the List Based License Exceptions
section, to read as follows:

3D001 ``Software'' ``specially designed'' for the ``development'' or
``production'' of equipment controlled by 3A001.b to 3A002.h or 3B
(except 3B991 and 3B992).

License Requirements

* * * * *

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

NS applies to ``software'' for equipment    NS Column 1
 controlled by 3A001.b to 3A001.h, 3A002,
 and 3B.

                                * * * * *

* * * * *

List Based License Exceptions (See Part 740 for a description of all
license exceptions)

CIV: N/A
* * * * *
0
66. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3, ECCN 3E002 is amended by:
0
a. Revising the CIV paragraph in the List Based License Exception
section;
0
b. Revising the Technical Note after Items paragraph a in the List of
Items Controlled section; and
0
c. Revising Items paragraph c, including Notes that follow, to read as
follows:

3E002 ``Technology'' according to the General Technology Note other
than that controlled in 3E001 for the ``development'' or
``production'' of a ``microprocessor microcircuit,'' ``micro-
computer microcircuit'' and microcontroller microcircuit core,
having an arithmetic logic unit with an access width of 32 bits or
more and any of the following features or characteristics (see List
of Items Controlled).

License Requirements

* * * * *

List Based License Exceptions (See Part 740 for a description of all
license exceptions)

CIV: Yes, for deemed exports, as described in Sec.  734.13(a)(2) of
the EAR, of ``technology'' for the ``development'' or ``production''
of general purpose microprocessor cores with a vector processor unit
with operand length of 64-bit or less, 64-bit floating operations
not exceeding 50 GFLOPS, or 16-bit or more floating-point operations
not exceeding 50 GMACS (billions of 16-bit fixed-point multiply-
accumulate operations per second). License Exception CIV does not
apply to ECCN 3E002 technology also required for the development or
production of items controlled under ECCNs beginning with 3A, 3B, or
3C, or to ECCN 3E002 technology also controlled under ECCN 3E003.
* * * * *

List of Items Controlled

* * * * *
Items:
    a. * * *
    Technical Note: A `vector processor unit' is a processor element
with built-in instructions that perform multiple calculations on
floating-point vectors (one-dimensional arrays of 32-bit or larger
numbers) simultaneously, having at least one vector arithmetic logic
unit and vector registers of at least 32 elements each.
* * * * *
    c. Designed to perform more than eight 16-bit fixed-point
multiply-accumulate results per cycle (e.g., digital manipulation of
analog information that has been previously converted into digital
form, also known as digital ``signal processing'').

    Note 1: 3E002 does not control ``technology'' for multimedia
extensions.

    Note 2: 3E002 does not control ``technology'' for the
``development'' or ``production'' of microprocessor cores, having
all of the following:

    a. Using ``technology'' at or above 0.130 [micro]m; and
    b. Incorporating multi-layer structures with five or fewer metal
layers.

    Note 3: 3E002 includes ``technology'' for digital signal
processors and digital array processors.

0
67. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 4 is amended by removing Note 3 at the beginning of Category
4.
0
68. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 4, ECCN 4A001 is amended by revising the Related Controls
paragraph in the List of Items Controlled section to read as follows:

4A001 Electronic computers and related equipment, having any of the
following (see List of Items Controlled), and ``electronic
assemblies'' and ``specially designed'' ``components'' therefor.
* * * * *

List of Items Controlled

Related Controls: See also 4A101 and 4A994. Equipment designed or
rated for transient ionizing radiation is ``subject to the ITAR''
(see 22 CFR parts 120 through 130).
* * * * *
0
69. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 4, ECCN 4A003 is amended by:
0
a. Removing MT from the Reason for Control paragraph in the License
Requirements section;
0
b. Removing the MT paragraph from the License Requirements table;
0
c. Revising the AT paragraph in the License Requirements table;

0
d. Revising the Note in the License Requirements section;
0
e. Revising the List Based License Exceptions sections;
0
f. Removing the last listed item in Note 1 located at the beginning of
the Items paragraph in the List of Items Controlled section;
0
g. Revising Items paragraph b in the List of Items Controlled section;
0
h. Revising Note 1 to 4A003.c;
0
i. Removing Items paragraph e and revising the citation of the reserved
paragraphs to read ``.d to f. [Reserved]'';
0
j. Adding a Nota Bene below the reserved paragraphs d to f.
    The revisions and additions read as follows:

4A003 ``Digital computers,'' ``electronic assemblies,'' and related
equipment therefor, as follows (see List of Items Controlled) and
``specially designed'' ``components'' therefor.

License Requirements

* * * * *

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

                                * * * * *   ............................
AT applies to entire entry (refer to 4A994  AT Column 1
 for controls on ``digital computers''
 with a APP > 0.0128 but <= 12.5 WT).

    Note: For all destinations, except those countries in Country
Group E:1 or E:2 of Supplement No. 1 to part 740 of the EAR, no
license is required (NLR) for computers with an ``Adjusted Peak
Performance'' (``APP'') not exceeding 12.5 Weighted TeraFLOPS (WT)
and for ``electronic assemblies'' described in 4A003.c that are not
capable of exceeding an ``Adjusted Peak Performance'' (``APP'')
exceeding 12.5 Weighted TeraFLOPS (WT) in aggregation, except
certain transfers as set forth in Sec.  746.3 (Iraq).

* * * * *

List Based License Exceptions (See Part 740 for a description of all
license exceptions)

LVS: $5000; N/A for 4A003.b and .c.
GBS: Yes, for 4A003.g and ``specially designed'' ``parts'' and
``components'' therefor, exported separately or as part of a system.
APP: Yes, for computers controlled by 4A003.b, and ``electronic
assemblies'' controlled by 4A003.c, to the exclusion of other
technical parameters. See Sec.  740.7 of the EAR.
CIV: Yes, for 4A003.g.

List of Items Controlled

* * * * *
Items:

    Note 1: 4A003 includes the following:

--`Vector processors' (as defined in Note 7 of the ``Technical Note
on ``Adjusted Peak Performance'' (``APP'')'');
--Array processors;
--Digital signal processors;
--Logic processors;
--Equipment designed for ``image enhancement.''
* * * * *
    b. ``Digital computers'' having an ``Adjusted Peak Performance''
(``APP'') exceeding 12.5 weighted TeraFLOPS (WT);
    c. * * *

    Note 1: 4A003.c applies only to ``electronic assemblies'' and
programmable interconnections not exceeding the limit in 4A003.b
when shipped as unintegrated ``electronic assemblies.''

* * * * *
    d. to f. [Reserved]
    N.B.: For ``electronic assemblies,'' modules or equipment,
performing analog-to-digital conversions, see 3A002.h.
* * * * *
0
70. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 4, ECCN 4D001 is amended by:
0
a. Removing NP from the Reason for Control paragraph in the License
Requirements section;
0
b. Removing the sentence directly below the License Requirements table;
0
c. Revising the TSR paragraph in the List Based License Exceptions
section;
0
d. Revising the STA paragraph in the Special Conditions for STA
section;
0
e. Revising Items paragraph b.1 in the List of Items Controlled
section.
    The revisions are set forth below:

4D001 ``Software'' as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, CC, AT

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

NS applies to entire entry................  NS Column 1
CC applies to ``software'' for              CC Column 1
 computerized finger-print equipment
 controlled by 4A003 for CC reasons.
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)

* * * * *
TSR: Yes, except for ``software'' for the ``development'' or
``production'' of commodities with an ``Adjusted Peak Performance''
(``APP'') exceeding 12.5 WT.
* * * * *

Special Conditions for STA

STA: License Exception STA may not be used to ship or transmit
``software'' ``specially designed'' for the ``development'' or
``production'' of equipment specified by ECCN 4A001.a.2 or for the
``development'' or ``production'' of ``digital computers'' having an
`Adjusted Peak Performance' (`APP') exceeding 12.5Weighted TeraFLOPS
(WT) 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

* * * * *
Items:
* * * * *
    b. * * *
    b.1. ``Digital computers'' having an ``Adjusted Peak
Performance'' (``APP'') exceeding 6.0 Weighted TeraFLOPS (WT);
* * * * *
0
71. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 4, ECCN 4E001, is amended by:
0
a. Removing NP from the Reason for Control paragraph in the License
Requirements section;
0
b. Removing the sentence directly below the License Requirements table;
0
c. Revising the TSR paragraph in the List Based License Exceptions
section;
0
d. Revising the STA paragraph in the Special Conditions for STA
section;
0
e. Revising Items paragraph b.1 in the List of Items Controlled
section.
    The revisions read as follows:

4E001 ``Technology'' as follows (see List of Items Controlled).

License Requirements

    Reason for Control: NS, MT, CC, 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 items      MT Column 1
 controlled by 4A001.a and 4A101 for MT
 reasons.
CC applies to ``technology'' for            CC Column 1
 computerized fingerprint equipment
 controlled by 4A003 for CC reasons.
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)

* * * * *
TSR: Yes, except for ``technology'' for the ``development'' or
``production'' of

commodities with an ``Adjusted Peak Performance'' (``APP'')
exceeding 12.5 WT.
* * * * *

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 any of the following equipment
or ``software'': a. Equipment specified by ECCN 4A001.a.2; b.
``Digital computers'' having an `Adjusted Peak Performance' (`APP')
exceeding 12.5 Weighted TeraFLOPS (WT); or c. ``software'' specified
in the License Exception STA paragraph found in the License
Exception section of ECCN 4D001 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

* * * * *
Items:
* * * * *
    b. * * *
    b.1. ``Digital computers'' having an ``Adjusted Peak
Performance'' (``APP'') exceeding 6.0 Weighted TeraFLOPS (WT);
* * * * *

0
72. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Part 1 is amended by removing Nota Bene 2 (N.B.2) from Note
1 at the beginning of Category 5--Part 1 and changing ``N.B.1'' to read
``N.B''.

Category 5--Telecommunications and ``Information Security''

Part 1--Telecommunications

    Notes:

    1. * * *
    N.B.: For ``lasers'' ``specially designed'' for
telecommunications equipment or systems, see ECCN 6A005.
* * * * *
0
73. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Part 1, ECCN 5A001 is amended by revising paragraph d in
the Items paragraph of the List of Items Controlled section to read as
follows:

5A001 Telecommunications systems, equipment, ``components'' and
``accessories,'' as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    d. ``Electronically steerable phased array antennas'' as
follows:
    d.1. Rated for operation above 31.8 GHz, but not exceeding 57
GHz, and having an Effective Radiated Power (ERP) equal to or
greater than +20 dBm (22.15 dBm Effective Isotropic Radiated Power
(EIRP));
    d.2. Rated for operation above 57 GHz, but not exceeding 66 GHz,
and having an ERP equal to or greater than +24 dBm (26.15 dBm EIRP);
    d.3. Rated for operation above 66 GHz, but not exceeding 90 GHz,
and having an ERP equal to or greater than +20 dBm (22.15 dBm EIRP);
    d.4. Rated for operation above 90 GHz;

    Note:  5A001.d does not control ``electronically steerable
phased array antennas'' for landing systems with instruments meeting
ICAO standards covering Microwave Landing Systems (MLS).

* * * * *
0
74. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Part 1, ECCN 5B001 is amended by removing and reserving
paragraph b.2.b and revising paragraph b.4 in the Items paragraph of
the List of Items Controlled section to read as follows:

5B001 Telecommunication test, inspection and production equipment,
``components'' and ``accessories,'' as follows (see List of Items
Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    b. * * *
    b.4. Radio equipment employing Quadrature-Amplitude-Modulation
(QAM) techniques above level 1,024.

0
75. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Part 1, ECCN 5D001 is amended by revising paragraph d.4 in
the Items paragraph of the List of Items Controlled section to read as
follows:

5D001 ``Software'' as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    d. * * *
    d.4. Radio equipment employing Quadrature-Amplitude-Modulation
(QAM) techniques above level 1,024.

0
76. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Part 1, ECCN 5E001 is amended by:
0
a. Removing and reserving Items paragraph c.2.b of the List of Items
Controlled section;
0
b. Revising the Note to Items paragraph c.2.c;
0
c. Revising Items paragraph c.4.a of the List of Items Controlled
section to read as follows:

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

List of Items Controlled

* * * * *
Items:
* * * * *
    c. * * *
    c.2. * * *
    c.2.c. * * *
    Note: 5E001.c.2.c applies to ``technology'' for the
``development'' or ``production'' of systems using an optical local
oscillator in the receiving side to synchronize with a carrier
``laser.''
* * * * *
    c.4. * * *
    c.4.a. Quadrature-Amplitude-Modulation (QAM) techniques above
level 1,024; or
* * * * *
0
77. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Part 2 is amended by:
0
a. Removing and reserving Note 1, including the Nota bene, at the
beginning of the Category;
0
b. Revising Note 2;
0
c. Revising the introductory text to Note 3;
0
d. Revising the Technical Note below paragraph b.4 in Note 3;
0
e. Revising paragraph 1.b in the Note to the Cryptography Note;
0
f. Revising the Nota Bene to Note 3 (Cryptography Note);
0
g. Revising the introductory text to Note 4; and
0
h. Adding the heading ``I. CRYPTOGRAPHIC ``INFORMATION SECURITY''
following the heading that reads ``A. ``END ITEMS,'' ``EQUIPMENT,''
``ACCESSORIES,'' ``ATTACHMENTS,'' ``PARTS,'' ``COMPONENTS,'' AND
``SYSTEMS''.
    The revisions and additions read as follows:

CATEGORY 5--TELECOMMUNICATIONS AND ``INFORMATION SECURITY''

Part 2--``INFORMATION SECURITY''

* * * * *
    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, 5A003, 5A004 and 5D002,
do not control items as follows:
* * * * *
    b. * * *
    4. * * *
    Technical Note: For the purpose of the Cryptography Note,
`executable software' means ``software'' in executable form, from an
existing hardware component excluded from 5A002, 5A003 or 5A004 by
the Cryptography Note.
    Note: * * *
    Note to the Cryptography Note:
    1. * * *
    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. * * *
    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.

    Note 4: Category 5--Part 2 does not apply to items incorporating
or using ``cryptography'' and meeting all of the following:

* * * * *

A. ``END ITEMS,'' ``EQUIPMENT,'' ``ACCESSORIES,'' ``ATTACHMENTS,''
``PARTS,'' ``COMPONENTS,'' AND ``SYSTEMS''

I. Cryptographic ``Information Security''

0
78. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Part 2, ECCN 5A002 is amended by:
0
a. Revising the Heading;
0
b. Revising the License Requirements section;
0
c. Revising the Related Controls paragraph in the List of Items
Controlled section; and
0
d. Revising Items paragraph in the List of Items Controlled section.
    The revisions 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.
                Control(s)                       No. 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 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) 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.
* * * * *
Items:
    a. Systems, equipment and components, for cryptographic
``information security,'' as follows:
    N.B.: For the control of Global Navigation Satellite Systems
(GNSS) receiving equipment containing or employing decryption, see
ECCN 7A005, and for related decryption ``software'' and
``technology'' see 7D005 and 7E001.
    a.1. Designed or modified to use ``cryptography'' employing
digital techniques performing any cryptographic function other than
authentication, digital signature, or execution of copy-protected
``software,'' and having any of the following:
    Technical Notes:
    1. Functions for authentication, digital signature and the
execution of copy-protected ``software'' include their associated
key management function.
    2. Authentication includes all aspects of access control where
there is no encryption of files or text except as directly related
to the protection of passwords, Personal Identification Numbers
(PINs) or similar data to prevent unauthorized access.
    a.1.a. A ``symmetric algorithm'' employing a key length in
excess of 56-bits; or
    Technical Note: In Category 5--Part 2, parity bits are not
included in the key length.
    a.1.b. An ``asymmetric algorithm'' where the security of the
algorithm is based on any of the following:
    a.1.b.1. Factorization of integers in excess of 512 bits (e.g.,
RSA);
    a.1.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
    a.1.b.3. Discrete logarithms in a group other than mentioned in
5A002.a.1.b.2 in excess of 112 bits (e.g., Diffie-Hellman over an
elliptic curve);
    a.2. [Reserved]
    N.B.: See 5A004.a for items formerly specified in 5A002.a.2.

    Note: 5A002.a does not control any of the following:
    (a) Smart cards and smart card `readers/writers' as follows:
    (1) A smart card or an electronically readable personal document
(e.g., token coin, e-passport) that meets any of the following:
    a. The cryptographic capability is restricted for use in
equipment or systems, excluded from 5A002, 5A003 or 5A004 by Note 4
in Category 5--Part 2 or entries (b) to (i) of this Note, and cannot
be reprogrammed for any other use; or
    b. Having all of the following:
    1. It is specially designed and limited to allow protection of
`personal data' stored within;
    2. Has been, or can only be, personalized for public or
commercial transactions or individual identification; and
    3. Where the cryptographic capability is not user-accessible;

    Technical Note: `Personal data' includes any data specific to a
particular person or entity, such as the amount of money stored and
data necessary for authentication.
    (2). `Readers/writers' specially designed or modified, and
limited, for items specified by (a)(1) of this Note;
    Technical Note: `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: `Money transactions' in 5A002 Note (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.5. 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) Wireless ``personal area network'' equipment that implement
only published or commercial cryptographic standards and where 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) Equipment meeting all of the following:
    1. All cryptographic capability specified by 5A002.a meets any
of the following:
    a. It cannot be used; or
    b. It can only be made useable by means of ``cryptographic
activation;'' and
    2. When necessary as determined by the appropriate authority in
the exporter's country, details of the equipment are accessible and
will be provided to the authority upon request, in order to
ascertain compliance with conditions described above;

    N.B.1: See 5A002.a for equipment that has undergone
``cryptographic activation.''
    N.B.2: See also 5A002.b, 5D002.d and 5E002.b.
    (h) Mobile telecommunications Radio Access Network (RAN)
equipment designed for civil use, which also meet the provisions 2.
to 5. of part a. 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;
    (i) 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
    (j) General purpose computing equipment or servers, where the
``information security'' functionality meets all of the following:
    1. Uses only published or commercial cryptographic standards;
and
    2. Is any of the following:
    a. Integral to a CPU that meets the provisions of Note 3 in
Category 5--Part 2;
    b. Integral to an operating system that is not specified by
5D002; or
    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
controlled in 5A002.d., including the hopping code for ``frequency
hopping'' systems.

0
79. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Part 2, ECCN 5A992 is amended by removing and reserving
Items paragraphs a and b and revising Items paragraph c in the List of
Items Controlled section.
    The revisions read as follows:

5A992 Equipment not controlled by 5A002 (see List of Items
Controlled).
* * * * *

List of Items Controlled

* * * * *
Items: * * *

    c. Commodities classified as mass market encryption commodities
in accordance with Sec.  740.17(b) of the EAR.

0
80. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Part 2 is amended by:
0
a. Adding after ECCN 5A992 the heading ``II. NON-CRYPTOGRAPHIC
``INFORMATION SECURITY'' '' and adding ECCN 5A003; and
0
b. Adding after ECCN 5A003 the heading ``III. DEFEATING, WEAKENING, OR
BYPASSING ``INFORMATION SECURITY'' '' and adding ECCN 5A004.
    The additions read as follows:

II. NON-CRYPTOGRAPHIC ``INFORMATION SECURITY''

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.
                Control(s)                       No. 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.
    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.

II. DEFEATING, WEAKENING, OR BYPASSING ``INFORMATION SECURITY''

5A004 ``Systems,'' ``equipment'' and ``components'' for defeating,
weakening or bypassing ``information security,'' as follows (see
List of Items Controlled).

License Requirements

Reason for Control: NS, AT, EI

                                              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
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: ECCN 5A004.a controls ``components'' providing the
means or functions necessary for ``information security.'' All such
``components'' are presumptively ``specially designed'' and
controlled by 5A004.a.
Related Definitions: N/A
Items:
    a. Designed or modified to perform `cryptanalytic functions.'

    Note: 5A004.a includes systems or equipment, designed or
modified to perform `cryptanalytic functions' by means of reverse
engineering.

    Technical Note: `Cryptanalytic functions' are functions designed
to defeat cryptographic mechanisms in order to derive confidential
variables or sensitive data, including clear text, passwords or
cryptographic keys.
    b. [Reserved]

0
81. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Part 2, ECCN 5B002 is amended by revising the Items
paragraph in the List of Items Controlled section to read as follows:

5B002 ``Information Security'' test, inspection and ``production''
equipment, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
    a. Equipment ``specially designed'' for the ``development'' or
``production'' of equipment controlled by 5A002, 5A003, 5A004 or
5B002.b;
    b. Measuring equipment ``specially designed'' to evaluate and
validate the ``information security'' functions of equipment
controlled by 5A002, 5A003 or 5A004, or of ``software'' controlled
by 5D002.a or 5D002.c.

0
82. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Part 2, ECCN 5D002 is amended by:
0
a. Adding, as well as revising, EI controls to the License Requirement
table in the License Requirements section;

0
b. Removing the EI sentence, including the two Notes, under the License
Requirements Note;
0
c. Revising the Related Controls paragraph in the List of Items
Controlled Section; and
0
d. Revising Items paragraphs a. and c.1.
    The revisions and additions read as follows:

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

License Requirements

Reason for Control: * * *

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

                                * * * * *
EI applies to ``software'' in 5D002.a, c.1  See Sec.   742.15 of the EAR
 and .d, for commodities or ``software''    Note: Encryption software is
 controlled for EI reasons in ECCNs 5A002,   controlled because of its
 5A004 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 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.
* * * * *
Items:

    a. ``Software'' ``specially designed'' or modified for the
``development,'' ``production'' or ``use'' of equipment controlled
by 5A002, 5A003 or 5A004, or of ``software'' controlled by 5D002.c;
* * * * *
    c. * * *
    c.1. ``Software'' having the characteristics, or performing or
simulating the functions of the equipment, controlled by 5A002,
5A003 or 5A004;
* * * * *
0
83. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Part 2, ECCN 5D992 is amended by removing and reserving
Items paragraphs a and b, and revising Items paragraph c in the Items
paragraph of the List of Items Controlled section to read as follows:

5D992 ``Information Security'' ``software'' not controlled by 5D002
as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:

    a. [Reserved]
    b. [Reserved]
    c. ``Software'' classified as mass market encryption software in
accordance with Sec.  740.17(b) of the EAR.

0
84. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Part 2, ECCN 5E002 is amended by:
0
a. Adding an EI control row to the License Requirements table in the
License Requirements section;
0
b. Removing the EI sentence after the License Requirements table in the
License Requirements section;
0
c. Revising Note 2 in the License Requirements Notes in the License
Requirements section;
0
d. Revising the Related Controls paragraph of the List of Items
Controlled section;
0
e. Revising Items paragraph a in the List of Items Controlled section.
    The revisions and additions read as follows:

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

License Requirements

Reason for Control: * * *

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

                                * * * * *
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: * * * (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 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.
* * * * *
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.
* * * * *
0
85. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Part 2, ECCN 5E992 is amended by removing and reserving
Items paragraph a.
0
86. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6, ECCN 6A001 is amended by:
0
a. Adding double quotes around the term ``components'' in the Heading,
introductory text of Items paragraph a, a.1, a.1.d, a.2 and the Note to
6A001.a.2 in the List of Items Controlled section;
0
b. Revising Items paragraphs a.1.d.2 and a.1.e.2 in the List of Items
Controlled section, as set forth below; and
0
c. Adding double quotes around the term ``accuracy'' in Items
paragraphs a.2.d.1, b.1.b, and b.2 in the List of Items Controlled
section.
    The additions and revisions read as follows:

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

List of Items Controlled

* * * * *
Items:

    a. * * *
    a.1. * * *
    a.1.d. * * *
    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: * * *
    a.1.e. * * *

    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
* * * * *
0
87. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6, ECCN 6A002 is amended by adding paragraph d. to Note 2 to
6A002.a.3 in the Items paragraph of the List of Items Controlled
section, to read as follows:

6A002 Optical sensors and equipment, and ``components'' therefor, as
follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:

    a. * * *
    a.3. * * *
* * * * *
    Note 2: * * *
    d. Thermopile arrays having less than 5,130 elements;
* * * * *
0
88. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6, ECCN 6A003 is amended by revising the Related Controls
paragraph in the List of Items Controlled section to read as follows:

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

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.b.3, 6A003.b.4.b, or 6A003.b.4.c. (4) Section
744.9 imposes license requirements on cameras described in
6A003.b.3, 6A003.b.4.b, or 6A003.b.4.c if being exported for
incorporation into an item controlled by ECCN 0A919 or for a
military end user.
* * * * *
0
89. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6, ECCN 6A004 is amended by:
0
a. Adding a Note to Items paragraph a.3 in the List of Items Controlled
section; and
0
b. Revising Items paragraphs d.2.a.3 and d.2.b, to read as follows:
    The addition and revisions read as follows:

6A004 Optical equipment and ``components,'' as follows (see List of
Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:

    a. * * *
    a.3. * * *
    Note: 6A004.a.2 and 6A004.a.3 do not apply to mirrors
``specially designed'' to direct solar radiation for terrestrial
heliostat installations.
* * * * *
    d. * * *
    d.2. * * *
    d.2.a. * * *
    d.2.a.3. An angular ``accuracy'' of 10 [mu]rad (microradians) or
less (better);
    d.2.b. Resonator alignment equipment having bandwidths equal to
or more than 100 Hz and an ``accuracy'' of 10 [mu]rad or less
(better);
* * * * *
0
90. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6, ECCN 6A005 is amended by:
0
a. Revising the introductory text to Note 2 located after Items
paragraph a.6.b.2 and the Technical Note located after Note 2 in the
List of Items Controlled section;
0
b. Revising Items paragraphs b.6.a.2 and b.6.b.2 in the List of Items
Controlled section;
0
c. Removing the Note to 6A005.c.1 in the Items paragraph of the List of
Items Controlled section;
0
d. Adding a Note to 6A005.c.1 after Items paragraph c.1.b in the List
of Items Controlled section;
0
e. Adding a Note to 6A005.d.1.d.1.d in the Items paragraph d.1.d.1.d of
the List of Items Controlled section;
0
f. Adding a Note to 6A005.d.1.d.2.d after the Items paragraph d.1.d.2.d
of the List of Items Controlled section;
0
g. Revising Items paragraph e.3 introductory text, e.3.c.1, e.3.c.2,
f.3, and g.1 through g.3 of the List of Items Controlled section;
0
h. Revising the Technical Note at the end of the Items paragraph in the
List of Items Controlled section.
    The revisions and additions 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).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    a. * * *
    a.6. * * *
    a.6.b. * * *
    a.6.b.2. * * *
    Note 2: 6A005.a.6.b does not apply to multiple transverse mode,
industrial ``lasers'' having any of the following:
* * * * *
    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\.
* * * * *
    b. * * *
    b.6. * * *
    b.6.a. * * *
    b.6.a.2. ``Average output power'' exceeding 30 W; or
* * * * *
    b.6.b. * * *
    b.6.b.2. ``Average output power'' exceeding 50 W; or
* * * * *
    c. * * *
    c.1. * * *
    c.1.b. * * *
    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.
* * * * *
    d. * * *
    d.1. * * *
    d.1.d. * * *
    d.1.d.1. * * *
    d.1.d.1.d. * * *
    Note: 6A005.d.1.d.1.d does not apply to epitaxially-fabricated
monolithic devices.
* * * * *
    d.1.d.2.d. * * *
    Note: 6A005.d.1.d.2.d does not apply to epitaxially-fabricated
monolithic devices.
* * * * *
    e. * * *
    e.3. Fiber ``laser'' ``components'' as follows:
* * * * *
    e.3.c. * * *
    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. * * *
    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;
* * * * *
    g. * * *
    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;
* * * * *
    Technical Note: `Laser acoustic detection equipment' is
sometimes referred to as a ``Laser'' Microphone or Particle Flow
Detection Microphone.

0
91. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6, ECCN 6A007 is amended by adding

double quotes around the term ``accuracy'' in Items paragraphs .a, b.1
and b.2 in the List of Items Controlled section.
0
92. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6, ECCN 6A008 is amended by:
0
a. Adding double quotes around the term ``accuracy'' in Items paragraph
a.2 in the List of Items Controlled section;
0
b. Adding double quotes around the term ``lasers'' in Items paragraph
j.3 in the List of Items Controlled section;
0
c. Adding double quotes around the term ``aircraft'' in Note 2 of the
Technical Notes at the end of the Items paragraph in the List of Items
Controlled section.
0
93. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6, ECCN 6B004 is amended by revising Items paragraph a in the
List of Items Controlled section to read as follows:

6B004 Optical equipment as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:

    a. Equipment for measuring absolute reflectance to an
``accuracy'' of equal to or better than 0.1% of the reflectance
value;
* * * * *
0
94. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6, ECCN 6B007 is amended by adding double quotes around the
term ``accuracy'' in the Heading.
0
95. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6, ECCN 6C005 is amended by adding double quotes around the
term ``laser'' in Items paragraphs b.1 and b.2 in the List of Items
Controlled section.
0
96. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6, ECCN 6E003 is amended by revising the Items paragraph in
the List of Items Controlled section to read as follows:

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

List of Items Controlled

* * * * *
Items:

ACOUSTICS

    a. [Reserved]

OPTICAL SENSORS

    b. [Reserved]

CAMERAS

    c. [Reserved]

OPTICS

    d. ``Technology'' as follows:
    d.1. Optical surface coating and treatment ``technology,''
``required'' 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. Optical fabrication ``technology'' using single point
diamond turning techniques to produce surface finish ``accuracies''
of better than 10 nm rms on non-planar surfaces exceeding 0.5 m2;

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
97. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7, ECCN 7A003 is amended by:
0
a. Revising the Technical Note at the beginning of the Items paragraph
of the List of Items Controlled section;
0
b. Adding double quotes around the term ``accuracies'' in the
introductory paragraph in the Items paragraph .a, and the term
``accuracy'' in the Items paragraphs b, c.1, and c.2 in the List of
Items Controlled section;
0
c. Removing single quotes and adding double quotes around the term
``Circular Error Probable'' in the Items paragraph a.1 in the List of
Items Controlled section; and
0
d. Removing single quotes and adding double quotes around the term
``CEP'' in Items paragraphs a.1, a.2, a.3, and .b in the List of Items
Controlled section.
    The revision reads as follows:

7A003 `Inertial measurement equipment or systems', having any of the
following (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    Technical note:
    `Positional aiding references' independently provide position,
and include:
    a. Global Navigation Satellite Systems (GNSS);
    b. ``Data-Based Referenced Navigation'' (``DBRN'').
* * * * *

0
98. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7, ECCN 7A004 is amended by adding double quotes around the
term ``accuracy'' in the Items paragraph a in the List of Items
Controlled section.
0
99. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7, ECCN 7A008 is amended by adding double quotes around the
term ``accuracy'' in the Heading.
0
100. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7, ECCN 7B001 is amended by adding double quotes around the
term ``aircraft'' in paragraph (1) of the Related Definitions paragraph
in the List of Items Controlled section.
0
101. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7, ECCN 7B002 is amended by adding double quotes around the
term ``accuracies'' in Items paragraphs .a and .b of the List of Items
Controlled section.
0
102. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7, ECCN 7E004 is amended by:
0
a. Adding double quotes around the term ``accuracy'' in Items paragraph
a.7 of the List of Items Controlled section;
0
b. Adding double quotes around the term ``aircraft'' in the Items
paragraphs b.1, b.7.b.4, b.8.a and b.8.b of the List of Items
Controlled section; and
0
c. Removing the word ``directional'' and adding in its place
``direction'' in the Items paragraph c.2 of the List of Items
Controlled section.
0
103. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 8, ECCN 8A001 is amended by:
0
a. Revising the Related Controls paragraph in the List of Items
Controlled section, as set forth below;
0
b. Adding double quotes around the term ``accuracies'' in Items
paragraph e.2 of the List of Items Controlled section.
    The revision reads as follows:

8A001 Submersible vehicles and surface vessels, as follows (see List
of Items Controlled).
* * * * *

List of Items Controlled

Related Controls: For the control status of equipment for
submersible vehicles, see: Category 6 for sensors; Categories 7 and
8 for navigation equipment; Category 8A for underwater equipment.
* * * * *
0
104. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 8, ECCN 8A002 is amended by:
0
a. Revising the GBS and CIV paragraphs in the List Based License
Exception section;
0
b. Revising Items paragraph d of the List of Items Controlled section;
0
c. Removing and reserving Items paragraph e in the List of Items

Controlled section. The revisions read as follows:

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

List Based License Exceptions (see Part 740 for a description of all
license exceptions)

* * * * *
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.
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    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;
* * * * *
0
105. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9, ECCN 9A001 is amended by:
0
a. Adding double quotes around the term ``aircraft'' in paragraph b. of
Note 1 to Items 9A001.a in the List of Items Controlled section; and
0
b. Adding double quotes around the term ``aircraft'' in Items paragraph
b introductory text in the List of Items Controlled section.
0
106. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9, ECCN 9A004 is amended by removing the reference to
``5A002.a.5, 5A002.a.9'' and adding in its place ``5A002.c, 5A002.e''
in Items paragraph d in the List of Items Controlled section.
0
107. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9, ECCN 9A012 is amended by removing the Note at the end of
the Items paragraph in the List of Items Controlled section.
0
108. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9, ECCN 9B001 is amended by revising Items paragraph b in the
List of Items Controlled section to read as follows:

9B001 Equipment, tooling or fixtures, ``specially designed'' for
manufacturing gas turbine engine blades, vanes or ``tip shrouds,''
as follows (See List of Items Controlled).
* * * * *
Items:
* * * * *
    b. Casting tooling, manufactured from refractory metals or
ceramics, as follows:
    b.1. Cores;
    b.2. Shells (moulds);
    b.3. Combined core and shell (mould) units.
* * * * *
0
109. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9, ECCN 9E003 is amended by:
0
a. Adding double quotes around the term ``aircraft'' in two places in
Related Controls paragraph (2) in the List of Items Controlled section;
0
b. Adding double quotes around the term ``aircraft'' in the Note to
9E003.h in the List of Items Controlled section;
0
c. Adding double quotes around the term ``aircraft'' in Items paragraph
j and the Nota Bene that follows in the List of Items Controlled
section.

Supplement No. 2 to Part 774 [Amended]

0
110. Supplement No. 2 to part 774 ``General Technology And Software
Notes'' is amended by adding paragraph 3 to read as follows:

Supplement No. 2 To Part 774--General Technology and Software Notes

* * * * *
    3. General ``Information Security'' Note. ``Information
security'' items or functions should be considered against the
provisions in Category 5-Part 2, even if they are components,
``software'' or functions of other items.
* * * * *

0
111. Supplement No. 6 to part 774 ``Sensitive List'' is amended by
revising paragraphs (2)(i) ``2D001,'' (2)(ii) ``2E001,'' (2)(iii)
``2E002,'' (4)(ii) ``4D001,'' (4)(iii) ``4E001,'' to read as follows:

Supplement No. 6 to Part 774--Sensitive List

* * * * *
(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 two or more
axes which can be coordinated simultaneously for ``contouring
control'' having any of the following:
    (1) ``Unidirectional positioning repeatability'' equal to or
less (better) than 0.9 [micro]m along one or more linear axis with a
travel length less than 1.0 m; or
    (2) ``Unidirectional positioning repeatability'' equal to or
less (better) than 1.1 [micro]m along one or more linear axis with a
travel length equal to or greater than 1.0 m;
    (B) Machine tools for milling (ECCN 2B001.b) having any of the
following:
    (1) Three linear axes plus one rotary axis which can be
coordinated simultaneously for ``contouring control'' having any of
the following:
    (a) ``Unidirectional positioning repeatability'' equal to or
less (better) than 0.9 [micro]m along one or more linear axis with a
travel length less than 1.0 m; or
    (b) ``Unidirectional positioning repeatability'' equal to or
less (better) than 1.1 [micro]m along one or more linear axis with a
travel length equal to or greater than 1.0 m;
    (2) Specified by 2B001.b.2.a, 2B001.b.2.b or 2B001.b.2.c and
having a ``unidirectional positioning repeatability'' equal to or
less (better) than 1.1 [micro]m along one or more linear axis; or
    (3) A ``unidirectional positioning repeatability'' for jig
boring machines equal to or less (better) than 1.1 [micro]m along
one or more 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'' specified by 2D001
described in this Supplement or for the ``development'' of equipment
as follows:
    (A) Machine tools for turning (ECCN 2B001.a) having two or more
axes which can be coordinated simultaneously for ``contouring
control'' having any of the following:
    (1) ``Unidirectional positioning repeatability'' equal to or
less (better) than 0.9 [micro]m along one or more linear axis with a
travel length less than 1.0 m; or
    (2) ``Unidirectional positioning repeatability'' equal to or
less (better) than 1.1 [micro]m along one or more linear axis with a
travel length equal to or greater than 1.0 m
    (B) Machine tools for milling (ECCN 2B001.b) having any of the
following:
    (1) Three linear axes plus one rotary axis which can be
coordinated simultaneously for ``contouring control'' having any of
the following:
    (a) ``Unidirectional positioning repeatability'' equal to or
less (better) than 0.9 [micro]m along one or more linear axis with a
travel length less than 1.0 m; or
    (b) ``Unidirectional positioning repeatability'' equal to or
less (better) than 1.1 [micro]m along one or more linear axis with a
travel length equal to or greater than 1.0 m;
    (2) Specified by 2B001.b.2.a, 2B001.b.2.b or 2B001.b.2.c and
having a ``unidirectional positioning repeatability'' equal to or
less (better) than 1.1 [micro]m along one or more linear axis; or
    (3) A ``unidirectional positioning repeatability'' for jig
boring machines equal to or less (better) than 1.1 [micro]m along
one or more 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: