The Bureau of Industry and Security has issued a final rule that, effective March 8, will add and revise license requirements for exports of certain cameras, systems, and related components.
This rule adds export controls on certain cameras not already controlled by either ECCN 6A003 or 6A203 that have (1) a minimum exposure time of one microsecond or faster and (2) a throughput of 13.43 gigapixels per second or greater when taken at 205,000 frames per second. These controls are detailed under new ECCN 6A293, which is a classification for temporary controls for which BIS is seeking multilateral agreement. This ECCN is controlled for nuclear non-proliferation and anti-terrorism reasons, and license exception STA (strategic trade authorization) is not available.
Separately, this rule eliminates the requirement for a license for the export, reexport, and transfer (in-country) of cameras, systems, and related components described in (with certain exceptions and specifications) ECCNs 0A504, 6A002, 6A003, 6A993.a, or 8A002.d when these items are intended to be used by a military end-user in Country Group A:1 countries. Previously a license was required for such transactions to all destinations except Canada.
BIS explains that it has approved thousands of license applications for these items destined to these countries over the last decade and has therefore determined that they do not pose a national security risk to the U.S. Moreover, the global commercial market for these items has continued to expand and they are now manufactured and widely available outside the U.S., including in China, so continued restrictions on exports of U.S.-origin goods unnecessarily harms U.S. companies.
BIS states that under this rule exports of focal plane arrays will continue to require a license to Country Group A:1 countries under other provisions of the Export Administration Regulations because these items are controlled for regional stability reasons to countries specified in RS Column 1 on the Commerce Country Chart in supplement no. 1 to part 738 of the EAR, as well as other parts of the EAR (e.g., other sections in part 744 or sanctions provisions in part 746). In addition, BIS does not allow the use of license exception STA for these items.
For more information on how these actions may affect your business, please contact Kristine Pirnia at (202) 730-4964 or via email.
Click here to register for ST&R’s Feb. 28 webinar on the basics of U.S. export controls.
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