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15 CFR Ch. VII (1–1–20 Edition) § 774.2

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15 CFR Ch. VII (1–1–20 Edition) § 774.2 § 774.2 15 CFR Ch. VII (1–1–20 Edition) for purposes of ECCNs, where a defini- mula (including hydrates) regardless of tion is provided in the ‘‘related defini- name or CAS number. CAS numbers tions’’ paragraph in the License Re- are shown to assist in identifying a quirements section of ECCNs or some- particular chemical or mixture, irre- times in Notes and Technical Notes for spective of nomenclature. CAS num- particular ECCNs and that definition is bers cannot be used as unique identi- specific to that particular ECCN. In fiers because some forms of the listed this sense the quotes are helpful both chemical have different CAS numbers, in the use of single and double quotes, and mixtures containing a listed chem- but a good compliance practice is to fa- ical may also have different CAS num- miliarize yourself with the defined bers. terms in part 772, and when reviewing a [78 FR 61903, Oct. 4, 2013, as amended at 79 FR control parameter on the CCL that 32627, June 5, 2014; 81 FR 64679, Sept. 20, 2016] uses a term that is not in quotes to be aware it may be defined in part 772. It § 774.2 [Reserved] is also a useful compliance practice to review the ‘‘Related Definitions’’ para- SUPPLEMENT NO. 1 TO PART 774—THE graph and Notes and Technical Notes COMMERCE CONTROL LIST to determine if the term is defined for CATEGORY 0—NUCLEAR MATERIALS, FACILI- purposes of a particular ECCN. TIES, AND EQUIPMENT [AND MISCELLANEOUS (1) Use of double quotes. If a term on ITEMS] the CCL uses double quotes it means there is a defined term in part 772. A. ‘‘END ITEMS,’’ ‘‘EQUIPMENT,’’ ‘‘ACCES- However, the absence of double quotes SORIES,’’ ‘‘ATTACHMENTS,’’ ‘‘PARTS,’’ ‘‘COM- PONENTS,’’ AND ‘‘SYSTEMS’’ does not mean that a term used on the CCL is not defined in part 772. Because 0A002 Power generating or propulsion the CCL includes many terms that are equipment ‘‘specially designed’’ for use defined in part 772, BIS’s practice is to with space, marine or mobile ‘‘nuclear re- actors’’. (These items are ‘‘subject to the use double quotes for certain key terms ITAR.’’ See 22 CFR parts 120 through and to use double quotes when needed 130.) for consistency with multilateral ex- port control regime based entries, such 0A018 Items on the Wassenaar Munitions as many derived from control lists, in List (see List of Items Controlled). LICENSE REQUIREMENTS particular for the Wassenaar Arrange- Reason for Control: NS, AT, UN ment that also uses the double quotes convention. However, because of the Control(s) Country Chart (See Supp. large number of defined terms used on No. 1 to part 738) the CCL and a desire to avoid hindering NS applies to entire entry ...... NS Column 1. readability by placing quotes around AT applies to entire entry ...... AT Column 1. too many words used in particular UN applies to entire entry ..... See § 746.1(b) for UN con- trols. ECCNs, BIS’s practice is to not add double quotes around certain terms, LIST BASED LICENSE EXCEPTIONS (SEE PART such as items and commodities. This 740 FOR A DESCRIPTION OF ALL LICENSE EX- convention also applies to the use of CEPTIONS) double quotes within the Definition of LVS: $3,000 for 0A018.b Terms section under part 772. $1,500 for 0A018.c and .d (2) Use of single quotes. The CCL also GBS: N/A CIV: N/A includes a convention regarding the LIST OF ITEMS CONTROLLED use of single quotes. Single quotes on Related Controls: (1) See also 0A979, 0A988, the CCL identify a term as a defined and 22 CFR 121.1 Categories I(a), III(b–d), term in the context of a particular and X(a). (2) See ECCN 0A617.y.1 and .y.2 ECCN. This convention also applies to for items formerly controlled by ECCN the use of single quotes within the Def- 0A018.a. (3) See ECCN 1A613.c for military inition of Terms section under part 772. helmets providing less than NIJ Type IV (e) Chemicals identified by Chemical protection and ECCN 1A613.y.1 for conven- tional military steel helmets that, imme- Abstracts Service (CAS) number. In some diately prior to July 1, 2014, were classified instances chemicals are listed by name under 0A018.d and 0A988. (4) See 22 CFR and CAS number. The list applies to 121.1 Category X(a)(5) and (a)(6) for con- chemicals of the same structural for- trols on other military helmets. 818 VerDate Sep<11>2014 12:31 Feb 20, 2020 Jkt 250052 PO 00000 Frm 00828 Fmt 8010 Sfmt 8002 Q:\15\15V2.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Bureau of Industry and Security, Commerce Pt. 774, Supp. No. 1 Related Definitions: N/A LIST BASED LICENSE EXCEPTIONS (SEE PART Items: a. [Reserved] 740 FOR A DESCRIPTION OF ALL LICENSE EX- b. ‘‘Specially designed’’ components and CEPTIONS) parts for ammunition, except cartridge LVS: N/A cases, powder bags, bullets, jackets, cores, GBS: N/A shells, projectiles, boosters, fuses and com- CIV: N/A ponents, primers, and other detonating de- SPECIAL CONDITIONS FOR STA vices and ammunition belting and linking STA: Paragraph (c)(2) of License Exception machines (all of which are ‘‘subject to the STA (§ 740.20(c)(2) of the EAR) may not be ITAR.’’ (See 22 CFR parts 120 through 130); used for any item in this ECCN 0A604. Note: 0A018.b does not apply to ‘‘components’’ LIST OF ITEMS CONTROLLED ‘‘specially designed’’ for blank or dummy ammu- Related Controls: (1) Torpedoes, bombs, and nition as follows: mines are ‘‘subject to the ITAR’’ (see 22 a. Ammunition crimped without a projectile CFR § 121.1, USML Category IV). (2) Smoke (blank star); bombs, non-irritant smoke flares, can- b. Dummy ammunition with a pierced powder isters, grenades and charges, and other chamber; pyrotechnical articles having both mili- c. Other blank and dummy ammunition, not tary and commercial applications are con- incorporating components designed for live am- trolled by ECCN 1A984. (3) Certain explo- munition. sive detonator firing sets, electrically driv- c. Muzzle loading (black powder) firearms en explosive detonators, and detonators with a caliber less than 20 mm that were and multipoint initiation systems are con- manufactured later than 1937 and that are trolled by ECCN 1A007 or ECCN 3A232. (4) not reproductions of firearms manufactured See ECCN 0A919 for foreign-made ‘‘mili- earlier than 1890; tary commodities’’ that incorporate more Note: 0A018.c does not control weapons used than a de minimis amount of U.S.-origin for hunting or sporting purposes that were not ‘‘600 series’’ controlled content. ‘‘specially designed’’ for military use and are Related Definitions: N/A not of the fully automatic type, but see ECCN Items: a. Demolition blocks, and detonators 0A984 concerning shotguns. designed, modified, or adapted therefor. b. Military explosive excavating devices. d. [Reserved] Note to 0A604.a and .b: This entry does not 0A521 Any commodity subject to the EAR control the detonators and other items described that is not listed elsewhere in the CCL, in ECCN 1A007 or ECCN 3A232. but which is controlled for export be- c. Smoke hand grenades and stun hand gre- cause it provides at least a significant nades (e.g., ‘‘flashbangs’’) not controlled by military or intelligence advantage to the ECCN 1A984. United States or for foreign policy rea- d. through w. [Reserved] sons. x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ 0A521 commodities are subject to RS1 con- and ‘‘attachments’’ that are ‘‘specially de- trols with no license exception eligibility signed’’ for a commodity subject to control other than License Exception GOV for U.S. in paragraphs .a through .c of this ECCN, or Government personnel and agencies under for a defense article controlled under USML § 740.11(b)(2)(ii) of the EAR, or an item-spe- Category IV, and not specified elsewhere on cific license exception identified in Supple- the USML. ment No. 5 to part 774 particular to an item Note to 0A604.x: ‘‘Parts,’’ ‘‘components,’’ covered under ECCN 0A521. The list of com- ‘‘accessories,’’ and ‘‘attachments’’ specified in modities determined to be classified under USML Category IV(h) are subject to the con- ECCN 0A521 controls is published in Supple- trols of that paragraph ment No. 5 to part 774. The license require- 0A606 Ground vehicles and related commod- ments and licensing policy relating to ECCN ities, as follows (see List of Items Con- 0A521 are set forth in § 742.6(a)(7) of the EAR. trolled). 0A604 Commodities related to military ex- LICENSE REQUIREMENTS plosive devices and charges (see List of Reason for Control: NS, RS, AT, UN Items Controlled). Country Chart (See Supp. LICENSE REQUIREMENTS Control(s) No. 1 to part 738) Reason for Control: NS, RS, AT, UN NS applies to entire entry, ex- NS Column 1 cept 0A606.b and .y. Control(s) Country Chart (See Supp. No. 1 to part 738) NS applies to 0A606.b .......... NS Column 2 RS applies to entire entry, ex- RS Column 1 NS applies to entire entry ...... NS Column 1 cept 0A606.b and .y. RS applies to entire entry ...... RS Column 1 RS applies to 0A606.b .......... RS Column 2 AT applies to entire entry ...... AT Column 1 AT applies to entire entry ...... AT Column 1 UN applies to entire entry ..... See § 746.1(b) for UN con- UN applies to entire entry, See § 746.1(b) for UN con- trols except 0A606.y. trols 819 VerDate Sep<11>2014 12:31 Feb 20, 2020 Jkt 250052 PO 00000 Frm 00829 Fmt 8010 Sfmt 8002 Q:\15\15V2.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Pt.
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