* Adding a new ECCN 7A611 that only refers readers to ECCN 3A611 for navigation and avionics, parts, components, accessories and attachments "specially designed" for military use that are not enumerated in any USML category or other "600 series" ECCN. ECCN 3A611 applies to military electronic avionic and navigation devices not enumerated on the USML or in another 600 series ECCN. Because CCL Category 7 applies to such devices not specially designed for military use, the cross-reference will be helpful to alerting readers to check ECCN 3A611.
This proposed rule did not adopt the following proposals of this commenter.
Comment: Indicate in the foregoing cross-reference ECCNs that ECCN 3A611 does not control radar, acoustic systems and equipment, computers, telecommunication equipment or navigation and avionics and related items if controlled by any other ECCN, including non-600 series ECCNs. Apply ECCN 3A611 to commodities that are specially designed for military use.
Response: Commodities in non-600 series ECCNs (other than ECCNs ending in "018" and ECCN 0A918) are not specially designed for military use, so there should be no overlap between ECCN 3A611 and non-600 series ECCNs. Moreover, the
Comment: Replace the term "specially designed" with "required" in several ECCNs covering software. The term "required" as a well-defined meaning in the EAR that is based on a Wassenaar Arrangement definition. That term is defined in relation to technology rather than software.
Response: BIS believes that the term "specially designed" as defined on the
Comment: Do not use the term "specially designed" in instances where the Missile Technology Control Regime uses the word "designed." Generally, the commenter recommended that no word replace the phrase "specially designed," on the ground that the specifications in the ECCN are sufficiently precise that no qualifier is needed.
Response: BIS believes that the term specially designed as defined in the
Comment: Replace the term "operation or maintenance" with the term "use" in several software ECCNs.
Response: BIS has adopted the phrase " `development,' `production,' operation or maintenance" as a standard practice in 600 series ECCNs. The commenter suggested no persuasive reason to change this policy.
Comment: Remove the term "directly related" and, in some instances, replace it with the word "required" in the several "Related controls" notes of software and technology ECCNs.
Response: The related control notes at issue refer readers to the USML for controls on "technical data" (which, on the USML, includes both software and technology) that is similar to the software or technology covered by that ECCN. The USML uses the term "related to" in describing the objects to which those technical data apply. In these cross-references to the USML, using the USML terminology is appropriate.
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