2024-27648. Implementation of Additional Controls on Pakistan  

  • Supplement No. 1 to Part 738—Commerce Country Chart

    [Reason for control]

    Countries Chemical and biological weapons Nuclear non proliferation National security Missile tech Regional stability Firearms convention Crime control Anti- terrorism
    CB 1 CB 2 CB 3 NP 1 NP 2 NS 1 NS 2 MT 1 RS 1 RS 2 FC 1 CC 1 CC 2 CC 3 AT 1 AT 2
    *         *         *         *         *         *         *
    Pakistan 8 X X X X X X X X X X X X X
    *         *         *         *         *         *         *
    Ukraine 9 X X X X X X X X
    *         *         *         *         *         *         *
    8  See § 742.6(a)(12) for additional license requirements for exports, reexports, and transfers (in-country) of certain items to or within Pakistan.
    9  See § 746.6 of the EAR for additional license requirements for exports and reexports to the Crimea region of Ukraine and the so-called Donetsk People's Republic (DNR) and Luhansk People's Republic (LNR) regions of Ukraine and transfers (in-country) within the Crimea, DNR, and LNR regions of Ukraine for all items subject to the EAR, other than food and medicine designated as EAR99 and certain EAR99 or ECCN 5D992.c software for internet-based communications.

    PART 740—[AMENDED]

    3. The authority citation for 15 CFR part 740 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.;50 U.S.C. 1701 et seq.;22 U.S.C. 7201 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.

    4. Amend § 740.2 by adding paragraph (a)(25) to read as follows:

    Restrictions on all license exceptions.

    (a) * * *

    (25) No license exception is available for the export, reexport, or transfer (in-country) to or within Pakistan of items controlled under ECCNs 1B999, 2A992, 2B999 (except 2B999.h.2), 3A992, 3A999, or 6A996 (see § 742.6(a)(12) of the EAR), apart from TMP (limited to 740.9(a)(1), (a)(4), (a)(5), (a)(10), (b)(2), and (b)(3)), RPL (740.10), or GOV (740.11(a), (b), or (d)).

    * * * * *

    PART 742—[AMENDED]

    5. The authority citation for part 742 is revised to read as follows:

    Authority: 50 U.S.C. 4801-4852; 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, Pub. L. 108-11, 117 Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004 Comp., p. 320; Notice of November 7, 2024, 89 FR 88867 (November 8, 2024).

    6. Effective November 25, 2024, amend § 742.6 by adding reserved paragraphs (a)(11) and (b)(12) to read as follows:

    Regional stability.

    (a) * *-*

    (11) [Reserved]

    (b) * * *

    (12) [Reserved]

    * * * * *

    7. Amend § 742.6 by adding paragraphs (a)(12) and (b)(13) to read as follows:

    Regional stability.

    (a) * * *

    (12) RS requirements that apply to Pakistan. A license is required to export, reexport, or transfer (in-country) to or within Pakistan the following items: 1B999 (“Specific Processing Equipment, n.e.s.”); 2A992 (“Piping, fittings and valves made of, or lined with stainless, copper-nickel alloy or other alloy steel containing 10% or more nickel and/or chromium”); 2B999 (“Specific Processing Equipment, n.e.s.”), except 2B999.h.2; 3A992 (“General purpose electronic equipment not controlled by 3A002”); 3A999 (“Specific Processing Equipment, n.e.s.”); and 6A996 (“ `Magnetometers' not controlled by ECCN 6A006, `Superconductive' electromagnetic sensors, and `specially designed' `components' therefor”).

    (b) * * *

    (13) Applications for the export, reexport, or transfer (in-country) of any item that requires a license pursuant to paragraph (a)(12) of this section will be reviewed on a case-by-case basis to determine whether the proposed export, reexport, or transfer (in-country) presents an unacceptable risk of use in, or diversion to, an end use or end user of concern, as set forth in part 744 of the EAR. If it is determined that the proposed export, reexport, or transfer (in-country) poses an unacceptable risk of use in, or diversion to, an end use or end user of concern, the application will be denied.

    * * * * *

    PART 774—COMMERCE CONTROL LIST

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

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.;50 U.S.C. 1701 et seq.;10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et seq.;22 U.S.C. 6004; 42 U.S.C. 2139a; 15 U.S.C. 1824; 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.

    9. Supplement no. 1 to part 774 is amended by revising ECCNs 1B999, 2A992, 2B999, 3A992, 3A999, and 6A996 to read as follows:

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

    * * * * *

    1B999 Specific processing equipment, n.e.s., as follows (see List of Items Controlled).

    License Requirements

    Reason for Control: RS, AT

    Control(s) Country chart (see supp. no. 1 to part 738)
    RS applies to entire entry A license is required for items controlled by this entry for export or reexport to Iraq or Pakistan or transfer within Iraq or Pakistan for regional stability reasons. The Commerce Country Chart is not designed to determine RS license requirements for this entry. See §§ 742.6 and 746.3 of the EAR for additional information.
    ( print page 93168)
    AT applies to entire entry A license is required for items controlled by this entry to North Korea for anti-terrorism reasons. The Commerce Country Chart is not designed to determine AT license requirements for this entry. See § 742.19 of the EAR for additional information.

    List Based License Exceptions (See Part 740 for a Description of All License Exceptions)

    LVS: N/A

    GBS: N/A

    List of Items Controlled

    Related Controls: See also 1B001, 1B101, 1B201, 1B225, and 1D999

    Related Definitions: N/A

    Items:

    a. Electrolytic cells for fluorine production, n.e.s.

    b. Particle accelerators.

    c. Industrial process control hardware/systems designed for power industries, n.e.s.

    d. Freon and chilled water cooling systems capable of continuous cooling duties of 100,000 BTU/hr (29.3 kW) or greater.

    e. Equipment for the production of structural composites, fibers, prepregs and preforms, n.e.s.

    * * * * *

    2A992 Piping, fittings and valves made of, or lined with stainless, copper-nickel alloy or other alloy steel containing 10% or more nickel and/or chromium.

    License Requirements

    Reason for Control: RS, AT

    Control(s) Country chart (see supp. no. 1 to part 738)
    RS applies to entire entry A license is required for items controlled by this entry for export or reexport to Pakistan or transfer within Pakistan for regional stability reasons. The Commerce Country Chart is not designed to determine RS license requirements for this entry. See § 742.6(a)(12) of the EAR for additional information.
    AT applies to entire entry AT Column 1.

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

    LVS: N/A

    GBS: N/A

    List of Items Controlled

    Related Controls:

    (1) See ECCN 2D993 for software for items controlled under this entry.

    (2) See ECCNs 2E001 (“development”), 2E002 (“production”), and 2E993 (“use”) for technology for items controlled under this entry.

    (3) Also see ECCNs 2A226, 2B350 and 2B999. Related Definitions: N/A

    Items:

    a. Pressure tube, pipe, and fittings of 200 mm (8 in.) or more inside diameter, and suitable for operation at pressures of 3.4 MPa (500 psi) or greater;

    b. Pipe valves having all of the following characteristics that are not controlled by ECCN 2B350.g:

    b.1. A pipe size connection of 200 mm (8 in.) or more inside diameter; and

    b.2. Rated at 10.3 MPa (1,500 psi) or more.

    * * * * *

    2B999 Specific Processing Equipment, n.e.s., as Follows (See List of Items Controlled).

    License Requirements

    Reason for Control: RS, AT

    Control(s) Country chart (see supp. no. 1 to part 738)
    RS applies to entire entry except 2B999.h.2 A license is required for items controlled by this entry, other than 2B999.h.2, for export or reexport to Pakistan or transfer within Pakistan for regional stability reasons. The Commerce Country Chart is not designed to determine RS license requirements for this entry. See § 742.6(a)(12) of the EAR for additional information.
    AT applies to entire entry A license is required for items controlled by this entry to North Korea for anti-terrorism reasons. The Commerce Country Chart is not designed to determine AT licensing requirements for this entry. See § 742.19 of the EAR for additional information.

    List Based License Exceptions (See Part 740 for a Description of All License Exceptions)

    LVS: N/A

    GBS: N/A

    List of Items Controlled

    Related Controls: (1) See also 1B233, 2A992, 2A993, 2B001.f, 2B004, 2B009, 2B104, 2B109, 2B204, 2B209, 2B228, 2B229, 2B231, and 2B350. (2) Certain nuclear related processing equipment is subject to the export licensing authority of the Nuclear Regulatory Commission (see 10 CFR part 110).

    Related Definitions: N/A

    Items:

    a. Isostatic presses, n.e.s.

    b. Bellows manufacturing equipment, including hydraulic forming equipment and bellows forming dies.

    c. Laser welding machines.

    d. MIG welders.

    e. E-beam welders.

    f. Monel equipment, including valves, piping, tanks and vessels.

    g. 304 and 316 stainless steel valves, piping, tanks and vessels.

    Note:

    Fittings are considered part of “piping” for purposes of 2B999.g.

    h. Mining and drilling equipment, as follows:

    h.1. Large boring equipment capable of drilling holes greater than two feet in diameter.

    h.2. Large earth-moving equipment used in the mining industry.

    i. Electroplating equipment designed for coating parts with nickel or aluminum.

    j. Pumps designed for industrial service and for use with an electrical motor of 5 HP or greater.

    k. Vacuum valves, piping, flanges, gaskets and related equipment “specially designed” for use in high-vacuum service, n.e.s.

    l. Spin forming and flow forming machines, n.e.s.

    m. Centrifugal multiplane balancing machines, n.e.s.

    n. Austenitic stainless-steel plate, valves, piping, tanks and vessels.

    * * * * *

    3A992 General purpose electronic equipment, not controlled by 3A002, as Follows (See List of Items Controlled).

    License Requirements

    Reason for Control: RS, AT

    Control(s) Country chart (see supp. no. 1 to part 738)
    RS applies to entire entry. A license is required for items controlled by this entry for export or reexport to Pakistan or transfer within Pakistan for regional stability reasons. The Commerce Country Chart is not designed to determine RS license requirements for this entry. See § 742.6(a)(12) of the EAR for additional information.
    AT applies to entire entry AT Column 1.

    List Based License Exceptions (See Part 740 for a Description of All License Exceptions)

    LVS: N/A

    GBS: N/A

    List of Items Controlled

    Related Controls: N/A

    Related Definitions: N/A

    Items:

    a. Electronic test equipment, n.e.s.

    b. Digital instrumentation magnetic tape data recorders having any of the following characteristics;

    b.1. A maximum digital interface transfer rate exceeding 60 Mbit/s and employing helical scan techniques;

    b.2. A maximum digital interface transfer rate exceeding 120 Mbit/s and employing fixed head techniques; or

    b.3. “Space qualified”.

    c. Equipment, with a maximum digital interface transfer rate exceeding 60 Mbit/s, designed to convert digital video magnetic tape recorders for use as digital instrumentation data recorders. ( print page 93169)

    d. Non-modular analog oscilloscopes having a bandwidth of 1 GHz or greater.

    e. Modular analog oscilloscope systems having either of the following characteristics:

    e.1. A mainframe with a bandwidth of 1 GHz or greater; or

    e.2. Plug-in modules with an individual bandwidth of 4 GHz or greater.

    f. Analog sampling oscilloscopes for the analysis of recurring phenomena with an effective bandwidth greater than 4 GHz.

    g. Digital oscilloscopes and transient recorders, using analog-to-digital conversion techniques, capable of storing transients by sequentially sampling single-shot inputs at successive intervals of less than 1 ns (greater than 1 gigasample per second), digitizing to 8 bits or greater resolution and storing 256 or more samples.

    Note: This ECCN controls the following “specially designed” “parts” and “components” for analog oscilloscopes:

    1. Plug-in units;

    2. External amplifiers;

    3. Pre-amplifiers;

    4. Sampling devices;

    5. Cathode ray tubes.

    * * * * *

    3A999 Specific Processing Equipment, n.e.s., as Follows (See List of Items Controlled).

    License Requirements

    Reason for Control: RS, AT

    Control(s) Country Chart (See Supp. No. 1 to part 738)
    RS applies to entire entry. A license is required for items controlled by this entry for export or reexport to Iraq or Pakistan or transfer within Iraq or Pakistan for regional stability reasons. The Commerce Country Chart is not designed to determine RS license requirements for this entry. See §§ 742.6 and 746.3 of the EAR for additional information.
    AT applies to entire entry A license is required for items controlled by this entry to North Korea for anti-terrorism reasons. The Commerce Country Chart is not designed to determine AT license requirements for this entry. See § 742.19 of the EAR for additional information.

    List Based License Exceptions (See Part 740 for a Description of All License Exceptions)

    LVS: N/A

    GBS: N/A

    List of Items Controlled

    Related Controls: (1) See also 3A225 (for frequency changers capable of operating in the frequency range of 600 Hz and above), and 3A233. (2) Certain auxiliary systems, equipment, “parts” and “components” for isotope separation plants, made of or protected by UF6 resistant materials are subject to the export licensing authority of the Nuclear Regulatory Commission (see 10 CFR part 110).

    Related Definitions: N/A

    Items:

    a. Frequency changers capable of operating in the frequency range from 300 up to 600 Hz, n.e.s.

    b. Mass spectrometers n.e.s.

    c. All flash x-ray machines, and “parts” or “components” of pulsed power systems designed thereof, including Marx generators, high power pulse shaping networks, high voltage capacitors, and triggers.

    d. Pulse amplifiers, n.e.s.

    e. Electronic equipment for time delay generation or time interval measurement, as follows:

    e.1. Digital time delay generators with a resolution of 50 nanoseconds or less over time intervals of 1 microsecond or greater.

    e.2. Multi-channel (three or more) or modular time interval meter and chronometry equipment with resolution of 50 nanoseconds or less over time intervals of 1 microsecond or greater.

    f. Chromatography and spectrometry analytical instruments.

    * * * * *

    6A996 “Magnetometers” not controlled by ECCN 6A006, “Superconductive” electromagnetic sensors, and “specially designed” “components” therefor, as follows (see List of Items Controlled).

    License Requirements

    Reason for Control: RS, AT

    Control(s) Country chart (see supp. no. 1 to part 738)
    RS applies to entire entry. A license is required for items controlled by this entry for export or reexport to Pakistan or transfer within Pakistan for regional stability reasons. The Commerce Country Chart is not designed to determine RS license requirements for this entry. See § 742.6(a)(12) of the EAR for additional information.
    AT applies to entire entry AT Column 1.

Document Information

Effective Date:
12/26/2024
Published:
11/26/2024
Department:
Industry and Security Bureau
Entry Type:
Rule
Action:
Final rule.
Document Number:
2024-27648
Dates:
This rule is effective November 25, 2024, except for amendatory instruction 6, which is effective November 25, 2024.
Pages:
93164-93169 (6 pages)
Docket Numbers:
Docket No. 241113-0293
RINs:
0694-AJ63: Implementation of Supplemental Controls on Pakistan
RIN Links:
https://www.federalregister.gov/regulations/0694-AJ63/implementation-of-supplemental-controls-on-pakistan
Topics:
Administrative practice and procedure, Exports, Reporting and recordkeeping requirements, Terrorism
PDF File:
2024-27648.pdf
CFR: (4)
15 CFR 738
15 CFR 740
15 CFR 742
15 CFR 774