2002/05/30

By: John Black

In the May 20, 2002 Federal Register the Commerce Department revised two entries in the Commerce Control List to reflect an agreement reached at the September 2001 meeting of the multilateral Missile Technology Control Regime. The first change is to ECCN 1C107 and clarifies that recrystalized bulk graphite is “usable in missiles” and controlled only when it is in specified cylinder, tube or block forms of specified sizes. The second change is to ECCN 9A101 and changes two control criteria lightweight turbojet and turbofan engines usable in missiles (other than engines controlled in 9A001): The maximum thrust value goes from 1000 N to 400N and the specific fuel consumption goes from 0.13 kg/N/hr to 0.15 kg/N/hr.

The new regulation did not address the fact that the United States continues to violate the MTCR agreement by not requiring licenses for exports of dual-use and commercial MTCR items to Canada.