Commerce Revises Commerce Control List – Sept 2003

Sep 18, 2003 | Aerospace, CCL, Commerce Dept, Defense Trade Controls, EAR, Export License, Federal Register, MTCR, USA Regulations

2003/09/18

By: John Black

In the September 18, 2003 Federal Register the Commerce Department revised several Export Control Classification Numbers (ECCNs) in the Commerce Control List (CCL). These revisions potentially impact licensing requirements in these ECCNs:

ECCN 1C111: Commerce added new controls on mixed Oxides of Nitrogen

ECCN 7A103: Commerce adds new controls on “integrated navigation systems.” Specifically, the new 7A103 controls are: Integrated Navigation Systems, designed or modified for use in “missiles” and capable of providing a navigational accuracy of 200m Circular Error Probable (CEP) or less.

Technical Note: An “integrated navigation system” typically incorporates the following components:

  1. An inertial measurement device (e.g., an attitude and heading reference system, inertial reference unit, or inertial navigation system);
  2. One or more external sensors used to update the position and/or velocity, either periodically or continuously throughout the flight (e.g., satellite navigation receiver, radar altimeter, and/or Doppler radar);
  3. Integration hardware and software.

Now, as a practical matter, the majority (maybe even all) of integrated navigation systems designed or modified for use in missiles fall under the jurisdiction of the US Munitions List (USML), not the new controls in 7A103. The inclusion of these controls in the CCL may confuse exporters. Instead on speculating on situations where items specially designed or modified for missile might fall under the jurisdiction of the CCL, I will offer practical advice: You can avoid such confusion when you are classifying an item by asking the correct questions in the correct order: First, always determine whether an item is on the USML or the CCL by reading the USML and the International Traffic in Arms Regulations. If determine that your missile navigation system is controlled by the US Munitions List, then you never would take the second step of reading the CCL and running into the perhaps confusing CCL controls on missile integrated navigation systems.

ECCN 9A106: Commerce added new controls on flight control servo valves. Specifically, 9A106 controls:

Flight control servo valves designed or modified for use in “missiles” and designed or modified to operate in a vibration environment of more than 10g RMS over the entire range between 20Hz and 2KHz.

Once again, you may wonder why the CCL controls servo valves designed or modified for use in missiles. Use the same approach to classification discussed above for integrated navigation systems and you may never have to really face this apparent confusing situation.

Commerce also revised these ECCNs to add cross-references and clarifications:

7A005: Cross-reference to 7A105 and 7A994 added.
7A105: Clarification and cross-reference to 7A005 and 7A994 added.
7A994: Clarification.

Commerce also added new definitions of “payload” and “range to Part 772 of the EAR.

Some of the changes are based on the September 2002 agreement by the Missile Technology Control Regime (MTCR) to change the MTCR Annex. The MTCR is a group of many technologically advanced countries and the MTCR Annex is the list of items for which each member country agrees to impose export controls.