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Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Rules and Regulations
DEPARTMENT OF COMMERCE
Bureau of Industry and Security 15 CFR Parts 734, 740, 742, 772, and 774
Docket No. 2103100051
RIN 0694AI00

Export Administration Regulations:
Implementation of Wassenaar Arrangement 2019 Plenary Decisions;
Elimination of Reporting Requirements for Certain Encryption Items Bureau of Industry and Security, Commerce.
ACTION: Final rule.
AGENCY:

The Bureau of Industry and Security BIS maintains, as part of its Export Administration Regulations EAR, the Commerce Control List CCL, which identifies certain items subject to Department of Commerce jurisdiction. This final rule revises the CCL, as well as corresponding parts of the EAR, to implement changes to the Wassenaar Arrangement List of DualUse Goods and Technologies WA List that were decided upon by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies Wassenaar Arrangement, or WA at the December 2019 WA Plenary meeting. The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability. This rule harmonizes the CCL with the decisions reached at the 2019 Plenary meeting by revising Export Control Classification Numbers ECCNs controlled for national security reasons in each category of the CCL. This rule also makes associated changes to the EAR as well as corrections. This rule also makes changes to various provisions related to Category 5Part 2
of the CCL in the EAR, including provisions on License Exception Encryption commodities, software, and technology ENC. These changes, which include the elimination of reporting requirements for certain encryption items, are designed to reduce the regulatory burden for exporters while still fulfilling U.S. national security and foreign policy objectives.
DATES: This rule is effective March 29, 2021.
FOR FURTHER INFORMATION CONTACT: For general questions, contact Sharron Cook, Office of Exporter Services, Bureau of Industry and Security, U.S.
SUMMARY:

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Department of Commerce at 202482
2440 or by email: Sharron.Cook@
bis.doc.gov.
For technical questions contact:
Categories 0, 1 & 2: Joseph Giunta at 2024823127 or Joseph.Giunta@
bis.doc.gov Category 3: Carlos Monroy at 202482
3246 or Carlos.Monroy@bis.doc.gov Categories 4 & 5: Aaron Amundson or Anita Zinzuvadia 2024820707 or Aaron.Amundson@bis.doc.gov or Anita.Zinzuvadia@bis.doc.gov Category 6 optics: John Varesi at 202
4821114 or John.Varesi@bis.doc.gov Category 6 lasers and radar: Michael Rithmire 2024826105 or Michael.Rithmire@bis.doc.gov Category 6 sensors and cameras: John Varesi 2024821114 or John.Varesi@
bis.doc.gov Categories 7: David Rosenberg at 202
4825987, Michael Tu at 202482
6462 or John Varesi at 2024821114
or David.Rosenberg@bis.doc.gov, Michael.Tu@bis.doc.gov or John.Varesi@bis.doc.gov Category 8: Michael Tu 2026462 or Michael.Tu@bis.doc.gov Category 9: David Rosenberg at 202
4825987 or Michael Tu at 2026462
or David.Rosenberg@bis.doc.gov or Michael.Tu@bis.doc.gov Category 9x515 satellites: Michael Tu 2024826462 or Michael.Tu@
bis.doc.gov Category 600 Series munitions items: Jeffrey Leitz at 2024827417
or Jeffrey.Leitz@bis.doc.gov SUPPLEMENTARY INFORMATION:
Background The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies Wassenaar Arrangement or WA http
www.wassenaar.org/ is a group of 42
like-minded states committed to promoting responsibility and transparency in the global arms trade and preventing destabilizing accumulations of arms. As a Participating State of the WA
Participating State, the United States has committed to controlling for export all items on the WA control lists. The lists were first established in 1996 and have been revised annually thereafter.
Proposals for changes to the WA control lists that achieve consensus are approved by Participating States at annual plenary meetings. Participating States are charged with implementing the list changes as soon as possible after approval. The United States implementation of WA control list changes ensures that U.S. companies have a level playing field with their
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competitors in other WA Participating States.
BIS published a final rule on October 25, 2020 85 FR 62583 implementing certain new controls on emerging technologies, as approved at the December 2019 WA Plenary meeting.
The changes in this rule, which represent the remaining approved changes to the WA control lists, update the corresponding items listed in the EAR and reflect recent technical advancements and clarifications. Unless explicitly discussed below, the revisions made by this rule will not impact the number of license applications submitted to BIS.
Revisions to the Commerce Control List Related to WA 2019 Plenary Decisions Revises 22 ECCNs: 0A502, 0A503, 0A606, 1A002, 1A005, 1A006, 1A613, 1B002, 1C001, 1C002, 1C006, 1C010, 2A001, 3B001, 3E002, 5A002, 6A004, 6A005, 6A008, 9A011, 9D515, 9E003.
Category 0Nuclear Materials, Facilities, and Equipment and Miscellaneous Items 0A502

Shotguns . . .

The Header of ECCN 0A502 is amended by adding the phrase to slaughter domestic animals to the exclusion text. This phrase is added because shotguns are often used in the humane slaughter of domestic animals such as cattle, sheep, or horses.
0A503 Discharge Type Arms and Devices To Administer Electric Shock . . .
The header of ECCN 0A503 is amended by adding the phrase to slaughter domestic animals to the exclusion text. This phrase is added because discharge type arms are often used in the humane slaughter of domestic animals such as cattle, sheep, or horses.
0A606 Ground Vehicles and Related Commodities Paragraphs 0A606.b.1 unarmed vehicles that are derived from civilian vehicles and 0A606.b.2 Parts and components are amended by revising the parameters in Items paragraphs b.1.a and b.2.b to add the defined term equivalent standards as an alternative to the U.S. standard of level III
National Institute of Justice standard 0108.01, September 1985. This revision is made to allow WA
Participating States to be able to use comparable national or international standards recognized by one or more Wassenaar Arrangement Participating States and applicable to the relevant
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