[Federal Register Volume 61, Number 215 (Tuesday, November 5, 1996)]
[Rules and Regulations]
[Pages 56894-56896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28401]
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DEPARTMENT OF STATE
22 CFR Part 121
[Public Notice 2465]
Removal of Commercial Communications Satellites and Hot Section
Technology From State's USML for Transfer to Commerce's CCL
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: This rule amends the International Traffic in Arms Regulations
(ITAR) by removing from the U.S. Munitions List (USML), for transfer to
the Department of Commerce's Commerce Control List, hot-section
technologies associated with commercial aircraft engines and commercial
communications satellites.
EFFECTIVE DATE: November 5, 1996.
FOR FURTHER INFORMATION CONTACT:
William Lowell, Director, Office of Defense Trade Controls, Department
of State, Telephone (703) 812-2567 or FAX (703) 875-6647 ATTN:
Regulatory Change, Commercial Communications Satellites and Commercial
Hot Section Technologies.
SUPPLEMENTARY INFORMATION: On March 14, 1996, the Administration
announced a decision concerning commercial aircraft engine hot section
technologies and commercial communications satellites. The decision has
several key features. First, commercial aircraft engine hot section
technologies will be controlled on the Commerce Control List (CCL) of
dual-use items that are licensed by Commerce. Commercial
[[Page 56895]]
communications satellites will be controlled on the dual-use list, as
well, even if they include individual munitions list components or
technologies; in all other cases, munitions list components or
technologies, themselves, will continue to be controlled on the U.S.
Munitions List, subject to State Department licensing. Second, new
control procedures and regulations have been developed for the Commerce
control list that will provide for strong national security and foreign
policy controls to all destinations and end users worldwide for these
items. Enhanced Interagency review of CCL licenses for these items has
been established. This decision does not result in the decontrol of any
of these items. The Administration's decision only serves to provide
clarification from which agency exporters must obtain licenses for
exports of commercial aircraft engine hot section technology and
commercial communications satellites by removing these items from the
U.S. Munitions List for transfer to the Commerce Control List.
In carrying out this directive, Categories VIII, XIII and XV of the
U.S. Munitions List are amended.
This amendment involves a foreign affairs function of the United
States. It is exempt from review under Executive Order 12866 but has
been reviewed internally by the Department to ensure consistency with
the purposes thereof. It is also not subject to 5 U.S.C. 553 and 554,
and does not require analysis under the Regulatory Flexibility Act or
the Unfunded Mandates Reform Act. However, interested parties are
invited to submit written comments to the Department of State, Office
of Defense Trade Controls, ATTN: Regulatory Change, Commercial
Communications Satellites and Commercial Hot Section Technologies, Room
200, SA-6, Washington, D.C. 2052-0602.
List of Subjects in 22 CFR Part 121
Arms and munitions, Exports.
Accordingly, for the reasons set forth above, Title 22, Chapter 1,
subchapter M, is amended as follows:
PART 121--THE UNITED STATES MUNITIONS LIST
1. The authority citation for part 121 continues to read as
follows:
Authority: Sec. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22
U.S.C. 2752, 2778, 2797); E.O. 11958, 42 FR 4311; 3 CFR 1977 Comp.
P. 79; 22 U.S.C. 2658.
2. In Sec. 121.1 Category VIII is amended by revising paragraphs
(f) and (i); Category XIII is amended by adding immediately before the
Note, a new paragraph (b)(1)(x); and Category XV is amended by revising
paragraphs (a), (c), (e) and (f) and by adding a paragraph (g) to read
as follows:
Sec. 121.1 General. The United States Munitions List.
Category VIII--Aircraft and Associated Equipment
* * * * *
(f) Developmental aircraft, engines, and components thereof
specifically designed, modified, or equipped for military uses or
purposes, or developed principally with U.S. Department of Defense
funding, excluding such aircraft, engines, and components subject to
the jurisdiction of the Department of Commerce.
Note: Developmental aircraft, engines, and components thereof,
having no commercial application at the time of this amendment and
which have been specifically designed for military uses or purposes,
or developed principally with U.S. Department of Defense funding,
will be considered eligible for a CCL license when actually applied
to a commercial aircraft or commercial aircraft engine program.
Exporters may seek to establish commercial application either on a
case-by-case basis through submission of documentation demonstrating
application to a commercial program in requesting an export license
application from Commerce in respect of a specific export or, in the
case of use for broad categories of aircraft, engines, or
components, a commodity jurisdiction from State.
(g) * * *
(h) * * *
(i) Technical data (as defined in Sec. 120.10) and defense services
(as defined in Sec. 120.9) directly related to the defense articles
enumerated in paragraphs (a) through (h) of this category (see
Sec. 125.4 for exemptions), except for hot section technical data
associated with commercial aircraft engines. Technical data directly
related to the manufacture or production of any defense articles
enumerated elsewhere in this category that are designated as
Significant Military Equipment (SME) shall itself be designated SME.
Category XIII--Auxiliary Military Equipment
* * * * *
(b) * * *
(1) * * *
(x) Tracking, telemetry and control (TT&C) encryption/decryption
when embedded in a commercial communications satellite identified in
ECCN 9A004a of the Export Administration Regulations; embedded means
that the device or system cannot feasibly be removed from the satellite
and that it cannot be used for other purposes.
* * * * *
Category XV--Spacecraft Systems and Associated Equipment
* (a) Spacecraft, including satellites, specifically designed or
modified for military use.
(b) * * *
*(c) Military communications satellites or multi-mission satellites
(including commercial communications satellites having additional, non-
communication mission(s) or payload(s) controlled under this subchapter
but not including ground stations and their associated equipment and
technical data not enumerated elsewhere in Sec. 121.1 of this
subchapter; for controls on such ground stations see the Commerce
Control List).
(d) * * *
(e) Systems, components, parts, accessories, attachments, and
associated equipment (including ground support equipment) specifically
designed, modified or configured for the articles in paragraphs (a)
through (d) of this category, except as provided in paragraph (c).
(f) The following individual systems, components or parts (except
when included in a commercial communications satellite licensed under
ECCN 9A004a of the Export Administration Regulations):
(1) Anti-jam systems with the ability to respond to incoming
interference by adaptively reducing antenna gain (nulling) in the
direction of the interference.
(2) Antennas:
(i) With aperture (overall dimension of the radiating portions of
the antenna) greater than 30 feet; or
(ii) With all sidelobes less than or equal to -35dB, relative to
the peak of the main beam; or
(iii) Designed, modified, or configured to provide coverage area on
the surface of the earth less than 200 nautical miles in diameter,
where ``coverage area'' is defined as that area on the surface of the
earth that is illuminated by the main beam width of the antenna (which
is the angular distance between half power points of the beam).
(3) Intersatellite data relay links that do not involve a ground
relay terminal (``cross-links'').
(4) Spaceborne regenerative baseband processing equipment.
(5) Radiation-hardened microelectronic circuits that are
specifically designed or rated to meet or exceed all five of the
following characteristics:
(i) A total dose of 5 x 105 Rads (SI);
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(ii) A dose rate upset of 5 x 108 Rads (SI)/Sec;
(iii) A neutron dose of 1 x 1014 N/cm2;
(iv) A single event upset of 1 x 10-7 or less error/bit/day;
(v) Single event latch-up free and having a dose rate latch-up of
5 x 108 Rads(SI)/sec or greater.
(6) Propulsion systems which permit acceleration of the satellite
on-orbit (i.e., after mission orbit injection) at rates greater than
0.1g.
(7) Attitude control and determination systems designed to provide
spacecraft pointing determination and control or payload pointing
system control better than 0.02 degrees per axis.
(8) Orbit transfer engines (``kick-motors'') which are embedded in
the spacecraft. Orbit transfer engines which are not embedded in the
spacecraft are controlled under Category IV of this subchapter (except
as noted in the note for this paragraph (f)). Here ``embedded'' means
that the device or system cannot feasibly be removed from the
spacecraft and cannot be used for other purposes.
(9) Cryptographic items described in Category XIII(b)(1)(x) of this
subchapter.
Note: Commercial communications satellites are subject to
Commerce Licensing jurisdiction even if they include the individual
munitions list systems, components or parts identified in paragraph
(f) of this category. In all other cases, these systems, components
or parts remain on the USML except non-embedded, solid propellant
orbit transfer engines (``kick motors'') are subject to Commerce
licensing jurisdiction (and not controlled under this subchapter)
when they are to be utilized for a specific commercial
communications satellite launch, provided the solid propellant
``kick motor'' being utilized is not specifically designed or
modified for military use or capable of being restarted after
achievement of mission orbit (such orbit transfer engines are always
controlled under Category IV of this subchapter). Technical data (as
defined in Sec. 120.10 of this subchapter) and defense services (as
defined in Sec. 120.9 of this subchapter) related to the systems,
components, or parts referred to in paragraph (f) of this cateory
are always controlled under this subchapter, even when the satellite
itself is licensed by the Department of Commerce.
(g) Technical data (as defined in Sec. 120.10 of this subchapter)
and defense services (as defined in Sec. 120.9 of this subchapter)
directly related to paragraphs (a) through (f) of this category. (See
Sec. 125.4 for exemptions.) Technical data directly related to the
manufacture or production of any defense articles enumerated elsewhere
in this category that are designated as Significant Military Equipment
(SME) shall itself be designated SME. In addition, detailed design,
development, production or manufacturing data for all spacecraft
systems and for specifically designed or modified components for all
spacecraft systems, regardless of which U.S. Government agency has
jurisdiction for export of the spacecraft. (See Sec. 125.4 for
exemptions.) This coverage by the U.S. Munitions List of detailed
design, development, manufacturing or production information directly
related to satellites which are not otherwise under the control of this
section does not include that level of technical data (including
marketing data) necessary and reasonable for a purchaser to have
assurance that a U.S.-built item intended to operate in space has been
designed, manufactured and tested in conformance with specified
contract requirements (e.g., operational performance, reliability,
lifetime, product quality, or delivery expectations), as well as data
necessary to evaluate in-orbit anomalies and to operate and maintain
associated ground equipment.
Note 1: All defense services and technical assistance for
satellites and/or launch vehicles, including compatibility,
integration, or processing data, is controlled under this
subchapter. Technical data provided to the launch provider (form,
fit, function, mass, electrical, mechanical, dynamic/environmental,
telemetry, safety, facility, launch pad access, and launch
parameters) for commercial communications satellites that describe
the interfaces for mating and parameters for launch (e.g., orbit,
timing) of the satellite is under Commerce jurisdiction.
Note 2: The international space station, being developed,
launched and operated under the supervision of the National
Aeronautics and Space Administration, is controlled for export
purposes under the Export Administration Regulations.
Dated: October 25, 1996.
Lynn E. Davis,
Under Secretary for Arms Control and International Security Affairs.
[FR Doc. 96-28401 Filed 11-4-96; 8:45 am]
BILLING CODE 4710-25-M
