Voglio sapere a riguardo di…

2252

Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations
DEPARTMENT OF COMMERCE
Bureau of Industry and Security 15 CFR Part 742
Docket No. 2012140341
RIN 0694AI13

Change to the License Review Policy for Unmanned Aerial Systems UAS
To Reflect Revised United States UAS
Export Policy Bureau of Industry and Security, Commerce.
ACTION: Final rule.
AGENCY:

Consistent with President Donald J. Trumps July 24, 2020
announcement of a change in U.S.
policy regarding the export of Unmanned Aerial Systems UAS, the Bureau of Industry and Security BIS is amending the Export Administration Regulations EAR licensing review policy with respect to certain UAS that are controlled for Missile Technology MT reasons. UAS that have a range and payload capability equal to or greater than 300 kilometers km/500
kilograms kg are identified on the Missile Technology Control Regime MTCR Annex as Category I items.
Pursuant to this amendment, BIS will review export and reexport license applications involving UAS that fall within these parameters and a maximum true airspeed of less than 800
km/hour hr for export licensing review purposes on a case-by-case basis under the more flexible review policy generally applied to MTCR Category II
items under the EAR. BIS will also review MT items for the design, development, production, or use in such UAS on a case-by-case basis. This policy change reflects a reasonable approach to technological change and the protection of the national security and economic interests of the United States, while simultaneously remaining committed to the MTCR and its core nonproliferation objectives.
DATES: This rule is effective January 12, 2021.
FOR FURTHER INFORMATION CONTACT:
Sharon Bragonje, Nuclear and Missile Technology Controls Division, Bureau of Industry and Security, Phone: 202
4820434; Email: sharon.bragonje@
bis.doc.gov.
SUPPLEMENTARY INFORMATION:

khammond on DSKJM1Z7X2PROD with RULES

SUMMARY:

Background The Missile Technology Control Regime MTCR or Regime is an export control arrangement among 35 nations, including most of the worlds suppliers
VerDate Sep<11>2014

16:05 Jan 11, 2021

Jkt 253001

of advanced missiles and missile-related equipment, materials, software and technology. The Regime establishes a common list of controlled items and a common export control policy that member countries implement in accordance with their national export controls. The MTCR seeks to limit the risk of proliferation of weapons of mass destruction WMD by controlling exports of goods and technologies that could make a contribution to delivery systems other than manned aircraft for such weapons. The United States became a member at the Regimes founding in 1987.
In 1993, the MTCRs original focus on missiles for nuclear weapons delivery was expanded to include the proliferation of missiles for the delivery of all types of WMD, i.e., nuclear, chemical, and biological weapons. Such proliferation has been identified as a threat to international peace and security. One way to address this threat is to maintain vigilance over the transfer of missile equipment, material, and related technologies usable for systems capable of delivering WMD. MTCR
members voluntarily pledge to adopt the Regimes Guidelines for Sensitive Missile-Relevant Transfers MTCR
Guidelines and to restrict the transfer of items contained in the Regimes Equipment, Software, and Technology Annex. The Annex consists of Category I and Category II items, with Category I
including items of greatest sensitivity.
Category I items include rocket systems and unmanned aerial vehicle systems with a range capability of 300 km and greater and a payload capability of 500
kg and greater, and production facilities and major sub-systems for such items.
Category II items include rocket systems and unmanned aerial vehicle systems with a range of 300 km or greater but below a payload capability of 500 kg.
Category II also includes a wide range of equipment, material, and technologies, most of which have uses other than for systems capable of delivering WMD.
Pursuant to the MTCR Guidelines, transfers including exports and reexports of Category I items are subject to a strong presumption of denial. See MTCR Guidelines, Paragraph 2.
Transfers of Category II Items are subject to a more flexible case-by-case review policy.
The MTCR Guidelines are implemented through the national export control laws, regulations and policies of Regime members. The United States has implemented in 742.5 of the EAR missile technology controls and policies that are consistent with the MTCR Guidelines, including by
PO 00000

Frm 00010

Fmt 4700

Sfmt 4700

imposing licensing requirements that apply to MTCR Category I and Category II items. As a Regime member, the United States exercises sovereign national discretion in making implementing decisions.
Background on the Revised U.S. UAS
Policy The U.S. Government remains committed to the goals of the MTCR, including the objective of limiting the proliferation of unmanned delivery systems for WMD. At the same time, the U.S. Government is cognizant of rapid advances in the uses of Unmanned Aerial Systems UAS, including growing commercial uses for UAS that meet the MTCR Category I control criteria, as well as the need to protect U.S. national security and economic security interests. An inflexible approach to implementing the MTCRs strong presumption of denial that applies to Category I items creates a competitive disadvantage for the United States and other MTCR partners by restraining industry globally from fully participating in the expanding commercial UAS market, which increasingly includes suppliers outside of the MTCR. Additionally, the U.S.
Government recognizes the need to enhance security relationships with countries that wish to collaborate on counter-terrorism, border control, and other mutual security interests.
Accordingly, the U.S. Government has recognized the need to update its treatment of UAS that meet the 300 km/
500 kg threshold as MTCR Category I
items for the implementation of the MTCRs strong presumption of denial and export licensing review purposes to ensure U.S. economic, national security, and foreign policy interests are appropriately addressed.
The United States has been working with its MTCR partners on this issue since 2017, in the interest of updating UAS controls to address the ongoing revolution in both UAS technology and its applications. At the MTCR October 2019 Plenary in Auckland, New Zealand the United States put forward a revised proposal to increase flexibility for export control purposes on a certain subset of MTCR Category I UAS, based primarily on a speed value, and thus not subject their transfer to the Regimes strong presumption of denial. However, the MTCR partners have not achieved consensus on this proposal.
Unilateral Modification to U.S.
Licensing Policy for UAS
To address the national security and economic security concerns described above, on July 24, 2020, President
E:FRFM12JAR1.SGM

12JAR1