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661 Part 774—The Commerce Control List

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661 Part 774—The Commerce Control List Bureau of Industry and Security, Commerce Pt. 774, Supp. 1 EDITORIAL NOTE: For FEDERAL REGISTER ci- § 774.2 [Reserved] tations affecting § 772.1, see the List of CFR Sections Affected, which appears in the SUPPLEMENT NO. 1 TO PART 774—THE Finding Aids section of the printed volume COMMERCE CONTROL LIST and at www.fdsys.gov. CATEGORY 0—NUCLEAR MATERIALS, FACILI- PART 774—THE COMMERCE TIES, AND EQUIPMENT [AND MISCELLANEOUS CONTROL LIST ITEMS] A. SYSTEMS, EQUIPMENT AND COMPONENTS Sec. 0A001 ‘‘Nuclear reactors’’, i.e., reactors capa- 774.1 Introduction. ble of operation so as to maintain a con- 774.2 [Reserved] trolled, self-sustaining fission chain reac- SUPPLEMENT NO. 1 TO PART 774—THE COM- tion, and equipment and components spe- MERCE CONTROL LIST cially designed or prepared for use in SUPPLEMENT NO. 2 TO PART 774—GENERAL connection with a ‘‘nuclear reactor’’, in- TECHNOLOGY AND SOFTWARE NOTES cluding (see List of Items Controlled). SUPPLEMENT NO. 3 TO PART 774—STATEMENT LICENSE REQUIREMENTS OF UNDERSTANDING Reason for Control: Control(s): Items described in 0A001 are sub- AUTHORITY: 50 U.S.C. app. 2401 et seq.; 50 ject to the export licensing authority of U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. the Nuclear Regulatory Commission (see 10 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et seq.; 22 CFR part 110) U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. LICENSE EXCEPTIONS 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. LVS: N/A 1824a; 50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; GBS: N/A 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, CIV: N/A 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 LIST OF ITEMS CONTROLLED CFR, 2001 Comp., p. 783; Notice of August 12, Unit: N/A 2011, 76 FR 50661 (August 16, 2011). Related Controls: N/A SOURCE: 61 FR 12937, Mar. 25, 1996, unless Related Definitions: N/A otherwise noted. Items: a. Pressure vessels, i.e. metal vessels as complete units or X parts therefor, which § 774.1 Introduction. are specially designed or prepared to contain the core of a ‘‘nuclear reactor’’ and are capa- In this part, references to the EAR ble of withstanding the operating pressure of are references to 15 CFR chapter VII, the primary coolant, including the top plate subchapter C. The Bureau of Industry for a reactor pressure vessel; and Security (BIS) maintains the Com- b. Fuel element handling equipment, in- merce Control List (CCL) that includes cluding reactor fuel charging and dis- items (commodities, software, and charging machines; technology) subject to the authority of c. Control rods specially designed or pre- BIS. The CCL does not include those pared for the control of the reaction rate in a ‘‘nuclear reactor’’, including the neutron items exclusively controlled for export absorbing part and the support or suspension by another department or agency of structures therefore, and control rod guide the U.S. Government. In instances tubes; where other agencies administer con- d. Electronic controls for controlling the trols over related items, entries in the power levels in ‘‘nuclear reactors’’, including CCL will contain a reference to these reactor control rod drive mechanisms and ra- controls. Those items subject to the diation detection and measuring instruments EAR but not specified on the CCL are to determine neutron flux levels; e. Pressure tubes specially designed or pre- identified by the designator ‘‘EAR99’’. pared to contain fuel elements and the pri- See § 734.2(a) of the EAR for items that mary coolant in a ‘‘nuclear reactor’’ at an are ‘‘subject to the EAR’’. You should operating pressure in excess of 5.1 MPa; consult part 738 of the EAR for an ex- f. Tubes or assemblies of tubes, made from planation of the organization of the zirconium metal or alloy in which the ratio CCL and its relationship to the Coun- of hafnium to zirconium is less than 1:500 try Chart. parts by weight, specially designed or pre- The CCL is contained in Supplement pared for use in a ‘‘nuclear reactor’’; g. Coolant pumps specially designed or pre- No. 1 to this part, and Supplement No. pared for circulating the primary coolant of 2 to this part contains the General ‘‘nuclear reactors’’; Technology and Software Notes rel- h. Internal components specially designed evant to entries contained in the CCL. or prepared for the operation of a ‘‘nuclear 661 Pt. 774, Supp. 1 15 CFR Ch. VII (1–1–12 Edition) reactor’’, including core support structures, fully automatic type, but see 0A984 con- thermal shields, baffles, core grid plates and cerning shotguns. diffuser plates; d. Military helmets, except: i. Heat exchangers. d.1. Conventional steel helmets other than 0A002 Power generating or propulsion those described by 0A018.d.2 of this entry. equipment specially designed for use d.2. Helmets, made of any material, with space, marine or mobile ‘‘nuclear re- equipped with communications hardware, actors’’. (These items are subject to the optional sights, slewing devices or mecha- export licensing authority of the U.S. De- nisms to protect against thermal flash or la- partment of State, Directorate of Defense sers. Trade Controls. See 22 CFR part 121.) NOTE: Helmets described in 0A018.d.1 are controlled by 0A988. Helmets described in 0A018 Items on the Wassenaar Munitions 0A018.d.2 are controlled by the U.S. Depart- List. ment of State, Directorate of Defense Trade LICENSE REQUIREMENTS Controls (See 22 CFR part 121, Category X). Reason for Control: NS, AT, UN 0A918 Miscellaneous Military Equipment Control(s) Country chart Not on the Wassenaar Munitions List NS applies to entire entry .................. NS Column 1. LICENSE REQUIREMENTS AT applies to entire entry .................. AT Column 1. Reason for Control: RS, AT, UN UN applies to entire entry ................. Iraq, North Korea, and Rwanda. Control(s) Country chart LICENSE EXCEPTIONS RS applies to entire entry .................. RS Column 2. LVS: $5000 for 0A018.a AT applies to entire entry .................. AT Column 1. $3000 for 0A018.b UN applies to entire entry ................. Iraq, North Korea, and $1500 for 0A018.c and .d Rwanda. $0 for Rwanda GBS: N/A LICENSE EXCEPTIONS CIV: N/A LVS: $5000 for 0A918.a LIST OF ITEMS CONTROLLED $1500 for 0A918.b Unit: 0A018.a, and .b in $ value; 0A018.c and .d $0 for Rwanda in number. GBS: N/A Related Controls: (1) See § 746.8(b)(1) for addi- CIV: N/A tional BIS licensing requirements for LIST OF ITEMS CONTROLLED Rwanda concerning this entry. (2) See also 0A979, 0A988, and 22 CFR 121.1 Categories Unit: 0A918.a in $ value; 0A918.b in number. I(a), III(b-d), and X(a). Related Controls: N/A Related Definitions: N/A Related Definitions: N/A Items: a. Construction equipment built to Items: a. Power controlled searchlights and military specifications, including equip- control units therefor, designed for military ment specially designed for airborne trans- use, and equipment mounting such units; port; and specially designed parts and ac- and specially designed parts and accessories cessories for such construction equipment, therefor; including crew protection kits used as pro- b. Bayonets. tective cabs; b. Specially designed components and parts 0A919 ‘‘Military commodities’’ as follows for ammunition, except cartridge cases, pow- (see list of items controlled). der bags, bullets, jackets, cores, shells, pro- jectiles, boosters, fuses and components, License Requirements primers, and other detonating devices and Reasons for Control: RS, AT, UN. ammunition belting and linking machines (all of which are subject to the export licens- Control(s) Country chart ing authority of the U.S. Department of State, Directorate of Defense Trade Con- RS applies to entire entry ........ RS Column 1. trols). (See 22 CFR parts 120 through 130); AT applies to entire entry ........ AT Column 1. UN applies to entire entry ....... Rwanda § 746.7 of c. Muzzle loading (black powder) firearms the EAR. with a caliber less than 20 mm that were manufactured later than 1937 and that are License Exceptions not reproductions of firearms manufactured earlier than 1890; LVS: N/A. GBS: N/A. NOTE: 0A018.c does not control weapons used for hunting or sporting purposes that CIV: N/A. were not specifically designed for hunting or List of Items Controlled sporting purposes that were not specially de- signed for military use and are not of the Unit: $ value. 662 Bureau of Industry and Security, Commerce Pt. 774, Supp. 1 Related Controls: (1) Military commodities Items: The list of items controlled is con- are subject to the export licensing jurisdic- tained in the ECCN heading. tion of the Department of State if they in- corporate items that are subject to the 0A979 Police helmets and shields; and parts, International Traffic in Arms Regulations n.e.s. (ITAR) (22 CFR Parts 120–130). (2) Military LICENSE REQUIREMENTS commodities described in this paragraph are Reason for Control: CC subject to the export licensing jurisdiction Control(s) Country chart of the Department of State if such commod- ities are described on the United States Mu- CC applies to entire entry ................. CC Column 1 nitions List (22 CFR Part 121) and are in the United States. (3) The furnishing of assist- LICENSE EXCEPTIONS ance (including training) to foreign persons, LVS: N/A whether in the United States or abroad in GBS: N/A the design, development, engineering, manu- CIV: N/A facture, production, assembly, testing, re- LIST OF ITEMS CONTROLLED pair, maintenance, modification, operation, Unit: $ value demilitarization, destruction, processing, or Related Controls: N/A use of defense articles that are subject to the Related Definitions: N/A ITAR; or the furnishing to foreign persons of Items: The list of items controlled is con- any technical data controlled under 22 CFR tained in the ECCN heading.
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