Bureau of Industry and Security, Commerce § 772.1 of Columbia, Puerto Rico, and all terri- NOTE: If an ECCN specifies one or more of tories, dependencies, and possessions of the six elements of ‘‘use’’ in the heading or the United States, including foreign control text, only those elements specified trade zones established pursuant to 19 are classified under that ECCN. U.S.C. 81A–81U, and also including the User-accessible programmability. (Cat 4, outer continental shelf, as defined in 5, and 6)—The facility allowing a user section 2(a) of the Outer Continental to insert, modify, or replace ‘‘pro- Shelf Lands Act (43 U.S.C. 1331(a)). grams’’ by means other than: United States airline. Any citizen of (a) A physical change in wiring or the United States who is authorized by interconnections; or the U.S. Government to engage in busi- (b) The setting of function controls ness as an airline. For purposes of this including entry of parameters. definition, a U.S. citizen is: Utilization facility. (a) As defined by 10 (a) An individual who is a citizen of CFR 110.2 of the Nuclear Regulatory the United States or one of its posses- Commission Regulations, utilization sions; or facility means a nuclear reactor, other (b) A partnership of which each mem- than one that is a production facility, ber is such an individual; or any of the following major components (c) A corporation or association cre- of a nuclear reactor: Pressure vessels ated or organized under the laws of the designed to contain the core of a nu- United States, or of any State, Terri- clear reactor, other than one that is a tory, or possession of the United production facility, and the following States, of which the president and two- major components of a nuclear reactor: thirds of the board of directors and (1) Primary coolant pumps; other managing officers thereof are (2) Fuel charging or discharging ma- such individuals and in which at least chines; and 75 percent of the voting interest is (3) Control rods. owned or controlled by persons who are (b) Utilization facility does not in- citizens of the United States or of one clude the steam turbine generator por- of its possessions. tion of a nuclear power plant. ‘‘Unmanned aerial vehicle’’ (‘‘UAV’’). Vacuum Atomization. (Cat 1)—A proc- (Cat 9) Any ‘‘aircraft’’ capable of initi- ess to reduce a molten stream of metal ating flight and sustaining controlled to droplets of a diameter of 500 mi- flight and navigation without any crometer or less by the rapid evolution human presence on board. of a dissolved gas upon exposure to a NOTE TO DEFINITION OF ‘‘UNMANNED AERIAL vacuum. VEHICLE’’ (‘‘UAV’’): For the purposes of § 744.3 Variable geometry airfoils. (Cat 7)—Use of the EAR, unmanned air vehicles, which trailing edge flaps or tabs, or leading are the same as ‘‘unmanned aerial vehicles,’’ edge slats or pivoted nose droop, the include, but are not limited to, cruise mis- siles, target drones and reconnaissance position of which can be controlled in drones. flight. Vector Rate. (Cat 4)—See: ‘‘Two di- Usable in’’, ‘‘usable for’’, ‘‘usable as’’ or mensional Vector Rate’’; ‘‘Three di- ‘‘Capable of’’. (MTCR context)—Equip- mensional Vector Rate’’. ment, parts, components, materials or You. Any person, including a natural ‘‘software’’ which are suitable for a person, including a citizen of the particular purpose. There is no need for United States or any foreign country; the equipment, parts, components, ma- any firm; any government, government terials or ‘‘software’’ to have been con- agency, government department, or figured, modified or specified for the government commission; any labor particular purpose. For example, any union; any fraternal or social organiza- military specification memory circuit tion; and any other association or or- would be ‘‘capable of’’ operation in a ganization whether or not organized guidance system. for profit. Use. (All categories and General Technology Note)—Operation, installa- [61 FR 12925, Mar. 25, 1996] tion (including on-site installation), EDITORIAL NOTE: For FEDERAL REGISTER ci- maintenance (checking), repair, over- tations affecting § 772.1, see the List of CFR haul and refurbishing. Sections Affected, which appears in the 759 VerDate Sep<11>2014 13:26 Feb 14, 2018 Jkt 244052 PO 00000 Frm 00769 Fmt 8010 Sfmt 8010 Q:\15\15V2.TXT 31 kpayne on DSK54DXVN1OFR with $$_JOB Pt. 774 15 CFR Ch. VII (1–1–18 Edition) Finding Aids section of the printed volume (b) ECCN cross-references for items sub- and at www.fdsys.gov. ject to exclusive jurisdiction of another agency. (1) Prior to October 15, 2013, the PART 774—THE COMMERCE CCL contained certain ECCNs that CONTROL LIST were only included as cross references to items subject to the export control Sec. regulations administered by the Nu- 774.1 Introduction. clear Regulatory Commission. 774.2 [Reserved] (2) ECCNs formerly listed on the CCL SUPPLEMENT NO. 1 TO PART 774—THE COM- that, as of October 15, 2013 were subject MERCE CONTROL LIST to the export licensing authority of the SUPPLEMENT NO. 2 TO PART 774—GENERAL Nuclear Regulatory Commission at 10 TECHNOLOGY AND SOFTWARE NOTES CFR part 110 are: 0A001, 0B001, 0B002, SUPPLEMENT NO. 3 TO PART 774—STATEMENT 0B003, 0B004, 0B005, 0B006, 0C001, 0C002, OF UNDERSTANDING 0C004, 0C005, 0C006, 0C201 and 1C012. SUPPLEMENT NO. 4 TO PART 774—COMMERCE CONTROL LIST ORDER OF REVIEW (3) The following multilateral export SUPPLEMENT NO. 5 TO PART 774—ITEMS CLAS- control regime reference is provided, as SIFIED UNDER ECCNS 0A521, 0B521, 0C521, an additional point of historical ref- 0D521 AND 0E521 erence: 0C201—INFCIRC 254 Part 1, SUPPLEMENT NO. 6 TO PART 774—SENSITIVE 5.3.1(b). LIST SUPPLEMENT NO. 7 TO PART 774—VERY SEN- NOTE TO PARAGRAPH (b): ECCNs 0D001 and SITIVE LIST 0E001 are ‘‘subject to the ITAR’’ (see 22 CFR parts 120 through 130). These ECCNs are re- AUTHORITY: 50 U.S.C. 4601 et seq.; 50 U.S.C. tained on the CCL as cross references to the 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 ITAR, although the former cross references U.S.C. 287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. to export licensing authority of the Nuclear 6004; 42 U.S.C. 2139a; 15 U.S.C. 1824a; 50 U.S.C. Regulatory Commission (see 10 CFR part 110) 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. for ECCN 0D001, and to the Department of 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; Energy (see 10 CFR part 810) for 0E001 were E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. removed from the Control(s) paragraph in 783; Notice of August 15, 2017, 82 FR 39005 the License Requirements section of these (August 16, 2017). two ECCNs and added as a more general ju- SOURCE: 61 FR 12937, Mar. 25, 1996, unless risdictional cross reference in a heading note otherwise noted. added to these two ECCNs as of June 5, 2014. (c) Where to find the CCL? The CCL is § 774.1 Introduction. contained in supplement no. 1 to this (a) Scope of the control list. In this part, and supplement no. 2 to this part part, references to the EAR are ref- contains the General Technology and erences to 15 CFR chapter VII, sub- Software Notes relevant to entries con- chapter C. The Bureau of Industry and tained in the CCL. Security (BIS) maintains the Com- (d) Conventions related to the use of merce Control List (CCL) that includes quotation marks on the CCL. The use of ‘‘items’’—i.e., ‘‘commodities,’’ ‘‘soft- double quotation marks on the CCL is ware,’’ and ‘‘technology’’—subject to intended to be an aid to alert you to the authority of BIS. The CCL does not terms used on the CCL that are defined include items exclusively controlled in part 772 (Definitions of Terms), or for export by another department or for purposes of ECCNs, where a defini- agency of the U.S. Government, though tion is provided in the ‘‘related defini- in instances where other agencies ad- tions’’ paragraph in the License Re- minister controls over related items, quirements section of ECCNs or some- entries in the CCL may contain a ref- times in Notes and Technical Notes for erence to such controls. In addition, particular ECCNs and that definition is those items ‘‘subject to the EAR’’ but specific to that particular ECCN. In not identified on the CCL are identified this sense the quotes are helpful both by the designator ‘‘EAR99.’’ See in the use of single and double quotes, § 734.2(a) of the EAR for items that are but a good compliance practice is to fa- ‘‘subject to the EAR.’’ EAR Part 738 miliarize yourself with the defined contains an explanation of the organi- terms in part 772, and when reviewing a zation of the CCL and its relationship control parameter on the CCL that to the Country Chart. uses a term that is not in quotes to be 760 VerDate Sep<11>2014 13:26 Feb 14, 2018 Jkt 244052 PO 00000 Frm 00770 Fmt 8010 Sfmt 8010 Q:\15\15V2.TXT 31 kpayne on DSK54DXVN1OFR with $$_JOB Bureau of Industry and Security, Commerce Pt. 774, Supp. No. 1 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.