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20 November 2006
[Federal Register: November 20, 2006 (Volume 71, Number 223)]
[Rules and Regulations]
[Page 67034-67037]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20no06-3]
=======================================================================
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 730, 738, 740, 742, 746, 750, 752, and 774
[Docket No. 050428118-5118-01]
RIN 0694-AC82
Imposition of Foreign Policy Controls on Surreptitious
Communications Intercepting Devices
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) by imposing new foreign policy
export and reexport controls on devices primarily useful for the
surreptitious interception of wire, oral, or electronic communications
classified under Export Control Classification Number (ECCN) 5A980. In
this rule, BIS also imposes controls on related software and technology
by creating ECCNs 5D980 and 5E980. BIS is taking this action in order
to prevent the unlawful interception of oral, wire, or electronic
communications by terrorists and others who may put the information
gained through intercepted communications to an unlawful use, to
promote the protection of privacy of oral, wire, or electronic
communications; and to protect against threats of terrorism around the
world.
DATES: This rule is effective November 20, 2006.
ADDRESSES: Although there is no formal comment period, public comments
on this regulation are welcome and should be sent to
publiccomments@bis.doc.gov, by fax (202) 482-3355 or by mail or hand
delivery to Sheila Quarterman, Office of Exporter Services, Regulatory
Policy Division, Bureau of Industry and Security, Department of
Commerce, 14th Street & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230. Please refer to regulatory identification number
(RIN) 0694-AC82 in all comments, and in the subject line of e-mail
comments. Comments on the collection of information should be sent to
David Rostker, Office of Management and Budget (OMB), by e-mail to
David_Roster@omb.eop.gov, or by fax to (202) 395-7285.
FOR FURTHER INFORMATION CONTACT: Joan Roberts, Director, Foreign Policy
Division, Office of Nonproliferation and Treaty Compliance, Bureau of
Industry and Security, Department of Commerce, P.O. Box 273,
Washington, DC 20044; Telephone (202) 482-4252, or E-mail:
jroberts@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
This rule amends the Export Administration Regulations (EAR) by
imposing new foreign policy controls (``SL'' for surreptitious
listening) on devices primarily useful for the surreptitious
interception of wire, oral, or electronic communications, as well as
related software and technology. The Bureau of Industry and Security
(BIS) is taking this action in order to prevent the unlawful
interception of oral, wire, or electronic communications by terrorists
and others who may put the information gained through intercepted
communications to an unlawful use; to promote the protection of privacy
of oral, wire, or electronic communications; and to protect against
threats of terrorism around the world. This rule amends the EAR by
imposing a license requirement for SL reasons to all destinations on
devices primarily useful for surreptitious interception of wire, oral
or electronic communications classified under Export Control
Classification Number (ECCN) 5A980. This rule also imposes controls on
related software and technology by creating ECCN 5D980 for software
primarily useful for the surreptitious interception of wire, oral, or
electronic communications, and software primarily useful for the
``development'', ``production'', or ``use'' of devices controlled under
ECCN 5A980; and by creating ECCN 5E980 for technology primarily useful
for the ``development'', ``production'', or ``use'' of devices
controlled under ECCN 5A980.
This rule also imposes a license requirement for AT reasons on
exports and reexports of items controlled under 5A980, 5D980, or 5E980
to Cuba, Iran, North Korea, Sudan, and Syria. BIS will generally deny
all applications involving terrorist supporting countries and those
involving a material contribution to certain proliferation activities
as set forth in part 744 of the EAR.
BIS will generally approve applications for the export and reexport
of items classified under 5A980, 5D980, or 5E980 to all other
destinations, except for destinations for which a license is required
for AT reasons, by providers of wire or electronic communication
service acting in the normal course of business; or officers, agents,
or employees of, or persons under contract with, the United States, a
State, or a political subdivision thereof in the normal course of
activities of any of the governmental entities listed. License
applications from other parties will generally be denied.
The license requirement for 5A980, 5D980, and 5E980 items is not
reflected on the Commerce Country Chart (Supplement No. 1 to Part 738
of the EAR). The requirement is set forth at the entries for ECCNs
5A980, 5D980, and 5E980 on the Commerce Control List (CCL) in part 774
of the EAR and also in section 742.13(a) of the EAR. Section 742.13(b)
of the EAR sets forth the licensing policy for surreptitious
communications intercepting devices controlled under 5A980, as well as
related software and technology controlled under newly created ECCNs
5D980 and 5E980.
The license requirements set forth in the EAR are independent of
the requirements of section 2512 of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended (18 U.S.C. 2512). These controls do not
supersede, nor do they implement, construe, or limit the scope of any
of the statutory restrictions of section 2512 of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended, that are enforced by
the U.S. Department of Justice.
This rule maintains the restriction on License Exception
availability for the export or reexport of items primarily useful for
surreptitious interception of wire, oral, or electronic communications,
or related software, controlled under ECCNs 5A980, as set forth in
section 740.2(a), Restrictions on all License Exceptions, of the EAR.
Only License Exception Governments, international organizations, and
international inspections under the Chemical Weapons Convention (GOV)
is available to export or reexport such items if consigned to and for
the official use of an agency of the U.S. Government, as set forth in
section 740.11(b)(2)(ii) of the EAR. This rule places the same
restrictions on License Exception availability for software controlled
under new ECCN 5D980. No License Exceptions are available for the
export or reexport of technology useful for surreptitious interception
of wire, oral, or electronic communications covered under new ECCN
5E980.
This action is taken after consultation with the Secretary of
State. BIS submitted a foreign policy report to the
[[Page 67035]]
Congress indicating the imposition of new foreign policy controls on
September 22, 2006.
Although the Export Administration Act expired on August 20, 2001,
Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp., p. 783
(2002)), as extended by the Notice of August 3, 2006 (71 FR 44551,
August 7, 2006), continues the Regulations in effect under the
International Emergency Economic Powers Act. BIS amends the EAR in this
rule under the provisions of the EAA as continued in effect under IEEPA
and Executive Order 13222.
Rulemaking Requirements
1. This final rule has been determined to be not significant for
the purposes of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748. Burden hours
associated with the Paperwork Reduction Act and Office and Management
and Budget control number 0694-0088 are not impacted by this
regulation. Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for
reducing the burden, to David Rostker, Office of Management and Budget
(OMB), by e-mail to David_Rostker@omb.eop.gov, or by fax to (202) 395-
7285.
3. This rule does not contain policies with Federalism implications
sufficient to warrant preparation of a Federalism assessment under
Executive Order 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military or foreign affairs function
of the United States (see 5 U.S.C. 553(a)(1)). Further, no other law
requires that a notice of proposed rulemaking and an opportunity for
public comment be given for this rule. Because a notice of proposed
rulemaking and an opportunity for public comment are not required to be
given for this rule by 5 U.S.C. 553, or by any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are not applicable.
Therefore, this regulation is issued in final form. Although there
is no formal comment period, public comments on this regulation are
welcome on a continuing basis. Comments should be submitted to Sheila
Quarterman, Office of Exporter Services, Regulatory Policy Division,
Bureau of Industry and Security, Department of Commerce, 14th Street &
Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230.
List of Subjects
15 CFR Part 730
Administrative practice and procedure, Advisory committees,
Exports, Reporting and recordkeeping requirements, Strategic and
critical materials.
15 CFR Part 738
Exports.
15 CFR Part 740, 750, 752
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 742
Exports, Terrorism.
15 CFR Part 746
Exports, Reporting and recordkeeping requirements.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
0
Accordingly, parts 730, 738, 740, 742, 746, 750, 752 and 774 of the
Export Administration Regulations (15 CFR parts 730-799) are amended as
follows:
PART 730--[AMENDED]
0
1. The authority citation for 15 CFR part 730 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151
note, Pub. L. 108-175; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30
U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C.
1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; Sec. 901-911, Pub. L.
106-387; Sec. 221, Pub. L. 107-56; E.O. 11912, 41 FR 15825, 3 CFR,
1976 Comp., p. 114; E.O. 12002, 42 FR 35623, 3 CFR, 1977 Comp.,
p.133; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
12214, 45 FR 29783, 3 CFR, 1980 Comp., p. 256; E.O. 12851, 58 FR
33181, 3 CFR, 1993 Comp., p. 608; E.O. 12854, 58 FR 36587, 3 CFR,
1993 Comp., p. 179; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p.
899; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947,
60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 12981, 60 FR 62981, 3
CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp.
p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR,
2001 Comp., p. 786; E.O. 13338, 69 FR 26751, May 13, 2004; Notice of
October 25, 2005, 70 FR 62027 (October 27, 2005); Notice of August
3, 2006, 71 FR 44551 (August 7, 2006).
PART 738--[AMENDED]
0
2. The authority citation for 15 CFR part 738 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5;
Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; Notice of August 3, 2006, 71 FR 44551
(August 7, 2006).
0
3. Section 738.2 is amended by amending paragraph (d)(2)(i)(A) to add
an entry to the end of the list to read as follows:
Sec. 738.2 Commerce Control List (CCL) structure.
* * * * *
(d) * * *
(2) * * *
(i) * * *
(A) * * *
SL Surreptitious Listening
* * * * *
0
4. Section 738.3 is amended by adding paragraphs (a)(1) and (a)(2) to
read as follows:
Sec. 738.3 Commerce Country Chart structure.
(a) * * *
(1) ECCNs 0A983, 5A980, 5D980, and 5E980. A license is required for
all destinations for items controlled under these entries. For items
controlled by 0A983 and 5E980, no License Exceptions apply. For items
controlled by 5A980 and 5D980, License Exception GOV may apply if your
item is consigned to and for the official use of an agency of the U.S.
Government (see Sec. 740.2(a)(3)). If your item is controlled by
0A983, 5A980, 5D980, or 5E980 you should proceed directly to part 748
of the EAR for license application instructions and Sec. 742.11 or
Sec. 742.13 of the EAR for information on the licensing policy
relevant to these types of applications.
[[Page 67036]]
(2) [Reserved]
* * * * *
PART 740--[AMENDED]
0
5. The authority citation for 15 CFR part 740 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
Sec. 901-911, Pub. L. 106-387; E.O. 13026, 61 FR 58767, 3 CFR, 1996
Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783;
Notice of August 3, 2006, 71 FR 44551 (August 7, 2006).
0
6. Section 740.2 is amended by revising paragraph (a)(3) to read as
follows:
Sec. 740.2 Restrictions on all license exceptions.
(a) * * *
(3) The item is primarily useful for surreptitious interception of
wire, oral, or electronic communications, or related software,
controlled under ECCNs 5A980 or 5D980, unless the item is consigned to
and for the official use of an agency of the U.S. Government (see Sec.
740.11(b)(2)(ii) of this part, Governments (GOV)).
* * * * *
PART 742--[AMENDED]
0
7. The authority citation for 15 CFR part 742 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; Sec. 901-911, Pub. L. 106-
387; Sec. 221, Pub. L. 107-56; 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 of May 7, 2003, 68 FR 26459, May
16, 2003; Notice of October 25, 2005, 70 FR 62027 (October 27,
2005); Notice of August 3, 2006, 71 FR 44551 (August 7, 2006).
0
8. Section 742.13 is amended by revising paragraphs (a), (b) and (d) to
read as follows:
Sec. 742.13 Communications intercepting devices; software and
technology for communications intercepting devices.
(a) License requirement. (1) In support of U.S. foreign policy to
prohibit the export of items that may be used for the surreptitious
interception of wire, oral, or electronic communications, a license is
required for all destinations, including Canada, for ECCNs having an
``SL'' under the ``Reason for Control'' paragraph. These items include
any electronic, mechanical, or other device primarily useful for the
surreptitious interception of wire, oral, or electronic communications
(ECCN 5A980); and for related software primarily useful for the
surreptitious interception of wire, oral, or electronic communications,
and software primarily useful for the ``development'', ``production'',
or ``use'' of devices controlled under ECCN 5A980 (ECCN 5D980); and
technology primarily useful for the ``development'', ``production'', or
``use'' of devices controlled under ECCN 5A980 (ECCN 5E980). These
licensing requirements do not supersede the requirements contained in
the Omnibus Crime Control and Safe Streets Act of 1968, as amended (18
U.S.C. Section 2512). This license requirement is not reflected on the
Commerce Country Chart (Supplement No. 1 to Part 738 of the EAR).
(2) ``Communications intercepting devices'' are electronic,
mechanical, or other devices that can be used for interception of wire,
oral, or electronic communications if their design renders them
primarily useful for surreptitious listening even though they may also
have innocent uses. A device is not restricted merely because it is
small or may be adapted to wiretapping or eavesdropping. Some examples
of devices to which these restrictions apply are: the martini olive
transmitter; the infinity transmitter; the spike mike; and the
disguised microphone appearing as a wristwatch, cufflink, or cigarette
pack; etc. The restrictions do not apply to devices such as the
parabolic microphone or other directional microphones ordinarily used
by broadcasters at sports events, since these devices are not primarily
useful for surreptitious listening.
(b) Licensing policy. (1) License applications, except for those
applications for which a license is required for both SL and AT
reasons, will generally be approved for exports or reexports requiring
a license for SL reasons when the exporter or reexporter is:
(i) A provider of wire or electronic communication services or an
officer, agent, or employee of, or person under contract with such a
provider, in the normal course of the business of providing that wire
or electronic communication service; or
(ii) An officer, agent, or employee of, or a person under contract
with, the United States, one of the 50 States, or a political
subdivision thereof, when engaged in the normal course of government
activities.
Note to Paragraph (b)(1): For SL reasons, license applications
will generally be denied to countries that are subject to controls
for AT reasons.
Note to Paragraph (b)(1)(i): The normal course of the business
of providing a wire or electronic communications service includes
any activity which is a necessary incident to the rendition of the
service or to the protection of the rights and property of the
provider of that service.
(2) Other license applications will generally be denied for exports
or reexports requiring a license for SL reasons.
* * * * *
(d) U.S. controls. Controls on items classified under ECCNs 5A980,
5D980, and 5E980 are maintained by the United States government for
foreign policy purposes.
PART 746--[AMENDED]
0
9. The authority citation for 15 CFR part 746 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 287c; Sec. 1503, Pub. L. 108-11,117 Stat. 559; 22 U.S.C.
6004; Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O.
12854, 58 FR 36587, 3 CFR 1993 Comp., p. 614; E.O. 12918, 59 FR
28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222, 3 CFR, 2001 Comp., p.
783; Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459,
May 16, 2003; Notice of August 3, 2006, 71 FR 44551 (August 7,
2006).
Sec. 746.3 [Amended]
0
10. Section 746.3 is amended by revising the phrase ``for NS, MT, NP,
CW, CB, RS, CC, EI, or SI reasons.'' in paragraph (a)(1) to read ``for
NS, MT, NP, CW, CB, RS, CC, EI, SI, or SL reasons.''
Sec. 746.7 [Amended]
0
11. Section 746.7 is amended in paragraph (a)(2)(i) by adding the
phrase ``5D980, 5E980,'' after ``5A980,''.
Sec. 746.8 [Amended]
0
12. Section 746.8 is amended in paragraph (b)(1)(ii) by adding the
phrase ``5D980; 5E980;'' after ``5A980;''.
PART 750--[AMENDED]
0
13. The authority citation for 15 CFR part 750 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
Sec 1503, Pub. L. 108-11,117 Stat. 559; 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 of May 7, 2003, 68 FR
26459, May 16, 2003; Notice of August 3, 2006, 71 FR 44551 (August
7, 2006).
0
14. Section 750.3 is amended by revising paragraph (b)(2)(v) to read as
follows:
[[Page 67037]]
Sec. 750.3 Review of license applications by BIS and other government
agencies and departments.
* * * * *
(b) * * *
(2) * * *
(v) The Department of Justice is concerned with controls relating
to encryption items and items primarily useful for the surreptitious
interception of wire, oral, or electronic communications.
PART 752--[AMENDED]
0
15. The authority citation for 15 CFR part 752 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp. p. 219; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; Notice of August 3, 2006, 71 FR
44551 (August 7, 2006).
0
16. Section 752.3 is amended by revising paragraph (a)(7) to read as
follows:
Sec. 752.3 Eligible items.
(a) * * *
(7) Communications intercepting devices and related software and
technology controlled by ECCN 5A980, 5D980, or 5E980 on the CCL;
* * * * *
PART 774--[AMENDED]
0
17. The authority citation for 15 CFR part 774 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5;
Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; Notice of August 3, 2006, 71 FR 44551
(August 7, 2006).
0
18. In Supplement No. 1 to Part 774, the Commerce Control List,
Category 5 (Telecommunications), is amended by revising the ``License
Requirements'' section for Export Control Classification Number (ECCN)
5A980 to read as follows:
5A980 Devices primarily useful for the surreptitious
interception of wire, oral, or electronic communications; and parts
and accessories therefor.
License Requirements
Reason for Control: SL, AT.
Control(s): SL and AT apply to entire entry. A license is required
for all destinations, as specified in Sec. 742.13 of the EAR.
Accordingly, a column specific to this control does not appear on the
Commerce Country Chart (Supplement No. 1 to Part 738 of the EAR).
Note: This licensing requirement does not supersede, nor does it
implement, construe or limit the scope of any criminal statute,
including, but not limited to the Omnibus Safe Streets Act of 1968,
as amended.
Note: These items are subject to the United Nations Security
Council arms embargo against Rwanda described in Sec. 746.8 of the
EAR.
* * * * *
0
19. In Supplement No. 1 to Part 774, the Commerce Control List,
Category 5 (Telecommunications), is amended by adding new Export
Control Classification Number (ECCN) 5D980 to read as follows:
5D980 Other ``software'', as follows (see List of Items
Controlled).
License Requirements
Reason for Control: SL, AT.
Controls: SL and AT apply to entire entry. A license is required
for all destinations, as specified in Sec. 742.13 of the EAR.
Accordingly, a column specific to this control does not appear on
the Commerce Country Chart (Supplement No. 1 to Part 738 of the
EAR).
Note: This licensing requirement does not supersede, nor does it
implement, construe or limit the scope of any criminal statute,
including, but not limited to the Omnibus Safe Streets Act of 1968,
as amended.
Note: These items are subject to the United Nations Security
Council arms embargo against Rwanda described in Sec. 746.8 of the
EAR.
License Exceptions
CIV: N/A.
TSR: N/A.
List of Items Controlled
Unit: $ value.
Related Controls: N/A.
Related Definitions: N/A.
Items:
a. ``Software'' primarily useful for the surreptitious
interception of wire, oral, and electronic communications.
b. ``Software'' primarily useful for the ``development'',
``production'', or ``use'' of equipment controlled by 5A980.
0
20. In Supplement No. 1 to Part 774, the Commerce Control List,
Category 5 (Telecommunications), is amended by adding new Export
Control Classification Number (ECCN) 5E980 to read as follows:
5E980 ``Technology'' primarily useful for the ``development'',
``production'', or ``use'' of equipment controlled by 5A980.
License Requirements
Reason for Control: SL, AT.
Controls: SL and AT apply to entire entry. A license is required
for all destinations, as specified in Sec. 742.13 of the EAR.
Accordingly, a column specific to this control does not appear on
the Commerce Country Chart (Supplement No. 1 to Part 738 of the
EAR).
Note: These items are subject to the United Nations Security
Council arms embargo against Rwanda described in Sec. 746.8 of the
EAR.
License Exceptions
CIV: N/A.
TSR: N/A.
List of Items Controlled
Unit: $ value.
Related Controls: N/A.
Related Definitions: N/A.
Items:
The list of items controlled is contained in the ECCN heading.
* * * * *
Dated: November 13, 2006.
Christopher A. Padilla,
Assistant Secretary for Export Administration.
[FR Doc. E6-19509 Filed 11-17-06; 8:45 am]
BILLING CODE 3510-33-P