November 13, 2019 - Issue: Vol. 165, No. 181 — Daily Edition116th Congress (2019 - 2020) - 1st Session
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ARMS EXPORT CONTROL ACT NOTIFICATION; Congressional Record Vol. 165, No. 181
(Senate - November 13, 2019)
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[Pages S6546-S6549] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] ARMS EXPORT CONTROL ACT NOTIFICATION Mr. RISCH. Mr. President, in keeping with the committee's intention to see that relevant information is available to the full Senate, I ask unanimous consent to have printed in the Record at this point the notifications which have been received. There being no objection, the material was ordered to be printed in the Record, as follows: United States Department of State, Washington, DC. Hon. James E. Risch, Chairman, Committee on Foreign Relations, U.S. Senate, Washington, DC. Dear Mr. Chairman: Pursuant to Section 38(f)(1) of the Arms Export Control Act (22 U.S.C. 2778(f)(1)), the Department is transmitting herewith notification of the intention to transfer jurisdictional control of certain classes of item currently on the United States Munitions List (USML) to the Commerce Control List (CCL). Attached for your reference are the following documents: a summary of the revisions to the USML; the final regulatory text of Categories I, II and III; line-in/line-out comparison of the current and revised USML Categories I, II and III; the Department of Commerce's revised companion regulatory text; and a summary of the controls for major defense equipment. Sincerely, Mary Elizabeth Taylor, Assistant Secretary, Bureau of Legislative Affairs. Enclosures. Billing Code 4710-25 DEPARTMENT OF STATE 22 CFR Parts 121, 123, 124, 126, and 129 [Public Notice 10603] RIN 1400-AE30 International Traffic in Arms Regulations: U.S. Munitions List Categories I, II, and III AGENCY: Department of State. ACTION: Final rule. Sec. 121.1 The United States Munitions List. * * * * * Category I--Firearms and Related Articles * (a) Firearms using caseless ammunition. * (b) Fully automatic firearms to .50 caliber (12.7 mm) inclusive. * (c) Firearms specially designed to integrate fire control, automatic tracking, or automatic firing (e.g., Precision Guided Firearms). Note to paragraph (c): Integration does not include only attaching to the firearm or rail. * (d) Fully automatic shotguns regardless of gauge. * (e) Silencers, mufflers, and sound suppressors. (f) [Reserved] (g) Barrels, receivers (frames), bolts, bolt carriers, slides, or sears specially designed for the articles in paragraphs (a), (b), and (d) of this category. (h) Parts, components, accessories, and attachments, as follows: (1) Drum and other magazines for firearms to .50 caliber (12.7 mm) inclusive with a capacity greater than 50 rounds, regardless of jurisdiction of the firearm, and specially designed parts and components therefor; (2) Parts and components specially designed for conversion of a semiautomatic firearm to a fully automatic firearm; (3) Parts and components specially designed for defense articles described in paragraphs (c) and (e); or (4) Accessories or attachments specially designed to automatically stabilize aim (other than gun rests) or for automatic targeting, and specially designed parts and components therefor. (i) Technical data (see Sec. 120.10 of this subchapter) and defense services (see Sec. 120.9 of this subchapter) directly related to the defense articles described in this category and classified technical data directly related to items controlled in ECCNs 0A501, 0B501, 0D501, and 0E501 and defense services using the classified technical data. (See Sec. 125.4 of this subchapter for exemptions.) (j)-(w) [Reserved] (x) Commodities, software, and technology subject to the EAR (see Sec. 120.42 of this subchapter) used in or with defense articles. Note to paragraph (x): Use of this paragraph is limited to license applications for defense articles where the purchase documentation includes commodities, software, or technology subject to the EAR (see Sec. 123.1(b) of this subchapter). Note to Category I: The following interpretations explain and amplify the terms used in this category: (1) A firearm is a weapon not over .50 caliber (12.7 mm) which is designed to expel a projectile by the deflagration of propellant; (2) A fully automatic firearm or shotgun is any firearm or shotgun that shoots, is designed to shoot, or can readily be restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger; and (3) Caseless ammunition is firearm ammunition without a cartridge case that holds the primer, propellant, and projectile together as a unit. Category II--Guns and Armament (a) Guns and armament greater than .50 caliber (12.7 mm), as follows: * (1) Guns, howitzers, artillery, and cannons; * (2) Mortars; * (3) Recoilless rifles; * (4) Grenade launchers; or (5) Developmental guns and armament greater than .50 caliber (12.7 mm) funded by the Department of Defense and specially designed parts and components therefor. Note 1 to paragraph (a)(5): This paragraph does not control guns and armament greater than .50 caliber (12.7 mm); (a) in production; (b) determined to be subject to the EAR via a commodity jurisdiction determination (see Sec. 120.4 of this subchapter); or (c) identified in the relevant Department of Defense contract or other funding authorization as being developed for both civil and military applications. Note 2 to paragraph (a)(5): Note 1 does not apply to defense articles enumerated on the U.S. Munitions List, whether in production or development. Note 3 to paragraph (a)(5): This provision is applicable to those contracts or other funding authorizations that are dated [INSERT DATE ONE YEAR AFTER PUBLICATION IN THE FEDERAL REGISTER], or later. Note 1 to paragraph (a): This paragraph does not include: Non-automatic and non-semi-automatic rifles, carbines, and pistols between .50 (12.7 mm) and .72 caliber (18.288 mm) that are controlled on the CCL under ECCN 0A501; shotguns controlled on the CCL under ECCN 0A502; black powder guns and armaments manufactured between 1890 and 1919 controlled on the CCL under ECCN 0A602; or black powder guns and armaments manufactured earlier than 1890. Note 2 to paragraph (a): Guns and armament when integrated into their carrier (e.g., surface vessels, ground vehicles, or aircraft) are controlled in the category associated with the carrier. Self-propelled guns and armament are controlled in USML Category VII. [[Page S6547]] Towed guns and armament and stand-alone guns and armament are controlled under this category. (b) Flamethrowers with an effective range greater than or equal to 20 meters. (c) [Reserved] * (d) Kinetic energy weapon systems specially designed for destruction or rendering mission-abort of a target. Note to paragraph (d): Kinetic energy weapons systems include but are not limited to launch systems and subsystems capable of accelerating masses larger than 0.1g to velocities in excess of 1.6 km/s, in single or rapid fire modes, using methods such as: Electromagnetic, electrothermal, plasma, light gas, or chemical. This does not include launch systems and subsystems used for research and testing facilities subject to the EAR, which are controlled on the CCL under ECCN 2B232. (e) Signature reduction devices specially designed for the guns and armament controlled in paragraphs (a), (b), and (d) of this category (e.g., muzzle flash suppression devices). (f)-(i) [Reserved] (j) Parts, components, accessories, and attachments, as follows: (1) Gun barrels, rails, tubes, and receivers specially designed for the weapons controlled in paragraphs (a) and (d) of this category; (2) Sights specially designed to orient indirect fire weapons; (3) Breech blocks for the weapons controlled in paragraphs (a) and (d) of this category; (4) Firing mechanisms for the weapons controlled in paragraphs (a) and (d) of this category and specially designed parts and components therefor; (5) Systems for firing superposed or stacked ammunition and specially designed parts and components therefor; (6) Servo-electronic and hydraulic elevation adjustment mechanisms; (7) Muzzle brakes; (8) Bore evacuators; (9) Independent ammunition handling systems for the guns and armament controlled in paragraphs (a), (b), and (d) of this category; (10) Components for independently powered ammunition handling systems and platform interface, as follows: (i) Mounts; (ii) Carriages; (iii) Gun pallets; (iv) Hydro-pneumatic equilibration cylinders; or (v) Hydro-pneumatic systems capable of scavenging recoil energy to power howitzer functions; Note to paragraph j(10): For weapons mounts specially designed for surface vessels and special naval equipment, see Category VI. For weapons mounts specially designed for ground vehicles, see Category VII. (11) Ammunition containers/drums, ammunition chutes, ammunition conveyor elements, ammunition feeder systems, and ammunition container/drum entrance and exit units, specially designed for the guns and armament controlled in paragraphs (a), (b), and (d) of this category; (12) Systems and equipment for the guns and armament controlled in paragraphs (a) and (d) of this category for use in programming ammunition, and specially designed parts and components therefor; (13) Aircraft/gun interface units to support gun systems with a designed rate of fire greater than 100 rounds per minute and specially designed parts and components therefor; (14) Recoil systems specially designed to mitigate the shock associated with the firing process of guns integrated into air platforms and specially designed parts and components therefor; (15) Prime power generation, energy storage, thermal management, conditioning, switching, and fuel-handling equipment, and the electrical interfaces between the gun power supply and other turret electric drive components specially designed for kinetic weapons controlled in paragraph (d) of this category; (16) Kinetic energy weapon target acquisition, tracking fire control, and damage assessment systems and specially designed parts and components therefor; or * (17) Any part, component, accessory, attachment, equipment, or system that: (i) Is classified; (ii) Contains classified software; or (iii) Is being developed using classified information. ``Classified'' means classified pursuant to Executive Order 13526, or predecessor order, and a security classification guide developed pursuant thereto or equivalent, or to the corresponding classification rules of another government or intergovernmental organization. (k) Technical data (see Sec. 120.10 of this subchapter) and defense services (see Sec. 120.9 of this subchapter) directly related to the defense articles described in paragraphs (a), (b), (d), (e), and (j) of this category and classified technical data directly related to items controlled in ECCNs 0A602, 0B602, 0D602, and 0E602 and defense services using the classified technical data. (See Sec. 125.4 of this subchapter for exemptions.) (1)-(w) [Reserved] (x) Commodities, software, and technology subject to the EAR (see Sec. 120.42 of this subchapter) used in or with defense articles. Note to paragraph (x): Use of this paragraph is limited to license applications for defense articles where the purchase documentation includes commodities, software, or technology subject to the EAR (see Sec. 123.1(b) of this subchapter). Category III--Ammunition and Ordnance (a) Ammunition, as follows: *(1) Ammunition that incorporates a projectile controlled in paragraph (d)(1) or (3) of this category; *(2) Ammunition preassembled into links or belts; *(3) Shotgun ammunition that incorporates a projectile controlled in paragraph (d)(2) of this category; *(4) Caseless ammunition manufactured with smokeless powder; Note to paragraph (a)(4): Caseless ammunition is ammunition without a cartridge case that holds the primer, propellant, and projectile together as a unit. *(5) Ammunition, except shotgun ammunition, based on non- metallic cases, or non-metallic cases that have only a metallic base, which result in a total cartridge mass 80% or less than the mass of a brass- or steel-cased cartridge that provides comparable ballistic performance; *(6) Ammunition employing pyrotechnic material in the projectile base or any ammunition employing a projectile that incorporates tracer materials of any type having peak radiance above 710 nm and designed to be observed primarily with night vision optical systems; *(7) Ammunition for fully automatic firearms that fire superposed or stacked projectiles or for guns that fire superposed or stacked projectiles; *(8) Electromagnetic armament projectiles or billets for weapons with a design muzzle energy exceeding 5 MJ; *(9) Ammunition, not specified above, for the guns and armaments controlled in Category II; or (10) Developmental ammunition funded by the Department of Defense and specially designed parts and components therefor. Note 1 to paragraph (a)(10): This paragraph does not control ammunition: (a) in production; (b) determined to be subject to the EAR via a commodity jurisdiction determination (see Sec. 120.4 of this subchapter); or (c) identified in the relevant Department of Defense contract or other funding authorization as being developed for both civil and military applications. Note 2 to paragraph (a)(10): Note 1 does not apply to defense articles enumerated on the U.S. Munitions List, whether in production or development. Note 3 to paragraph (a)(10): This provision is applicable to those contracts or other funding authorizations that are dated [INSERT DATE ONE YEAR AFTER PUBLICATION IN THE FEDERAL REGISTER], or later. (b) Ammunition/ordnance handling equipment specially designed for the articles controlled in this category, as follows: (1) Belting, linking, and de-linking equipment; or (2) Fuze setting devices. (c) [Reserved] (d) Parts and components for the articles in this category, as follows: (1) Projectiles that use pyrotechnic tracer materials that incorporate any material having peak radiance above 710 nm or are incendiary or explosive; (2) Shotgun projectiles that are flechettes, incendiary, tracer, or explosive; Note to paragraph (d)(2): This paragraph does not include explosive projectiles specially designed to produce noise for scaring birds or other pests (e.g., bird bombs, whistlers, crackers). (3) Projectiles of any caliber produced from depleted uranium; (4) Projectiles not specified above, guided or unguided, for the items controlled in USML Category II, and specially designed parts and components therefor (e.g., fuzes, rotating bands, cases, liners, fins, boosters); (5) Canisters or sub-munitions (e.g., bomblets or minelets), and specially designed parts and components therefor, for the guns or armament controlled in USML Category II; (6) Projectiles that employ tips (e.g., M855A1 Enhanced Performance Round (EPR)) or cores regardless of caliber, produced from one or a combination of the following: tungsten, steel, or beryllium copper alloy; (7) Cartridge cases, powder bags, or combustible cases specially designed for the items controlled in USML Category II; (8) Non-metallic cases, including cases that have only a metallic base, for the ammunition controlled in paragraph (a)(5) of this category; (9) Cartridge links and belts for fully automatic firearms and guns controlled in USML Categories I or II; (10) Primers other than Boxer, Berdan, or shotshell types; Note to paragraph (d)(10): This paragraph does not control caps or primers of any type in use prior to 1890. (11) Safing, arming, and fuzing components (to include target detection and proximity sensing devices) for the ammunition in this category and specially designed parts therefor; (12) Guidance and control components for the ammunition in this category and specially designed parts therefor; (13) Terminal seeker assemblies for the ammunition in this category and specially designed parts and components therefor; (14) Illuminating flares or target practice projectiles for the ammunition controlled in paragraph (a)(9) of this category; or [[Page S6548]] * (15) Any part, component, accessory, attachment, equipment, or system that: (i) Is classified; (ii) Contains classified software; or (iii) Is being developed using classified information. ``Classified'' means classified pursuant to Executive Order 13526, or predecessor order, and a security classification guide developed pursuant thereto or equivalent, or to the corresponding classification rules of another government or intergovernmental organization. (e) Technical data (see Sec. 120.10 of this subchapter) and defense services (see Sec. 120.9 of this subchapter) directly related to the defense articles enumerated in paragraphs (a), (b), and (d) of this category and classified technical data directly related to items controlled in ECCNs 0A505, 0B505, 0D505, and 0E505 and defense services using the classified technical data. (See Sec. 125.4 of this subchapter for exemptions.) (f)-(w) [Reserved] (x) Commodities, software, and technology subject to the EAR (see Sec. 120.42 of this subchapter) used in or with defense articles. Note to paragraph (x): Use of this paragraph is limited to license applications for defense articles where the purchase documentation includes commodities, software, or technology subject to the EAR (see Sec. 123.1(b) of this subchapter). Note 1 to Category III: This category does not control ammunition crimped without a projectile (blank star) and dummy ammunition with a pierced powder chamber. Note 2 to Category III: This category does not control cartridge and shell casings that, prior to export, have been rendered useless beyond the possibility of restoration for use as a cartridge or shell casing by means of heating, flame treatment, mangling, crushing, cutting, or popping. Note 3 to Category III: Grenades containing non-lethal or less lethal projectiles are under the jurisdiction of the Department of Commerce. Billing Code 4710-25 DEPARTMENT OF STATE 22 CFR Parts 121, 123, 124, 126, and 129 [Public Notice 10603] RIN 1400-AE30 International Traffic in Arms Regulations: U.S. Munitions List Categories I, II, and III AGENCY: Department of State. ACTION: Final rule. Sec. 121.1 The United States Munitions List. * * * * * Category I--Firearms and Related Articles[, Close Assault Weapons and Combat Shotguns] * (a) Firearms using caseless ammunition [Nonautomatic and semi-automatic firearms to caliber .50 inclusive (12.7 mm).] * (b) Fully automatic firearms to .50 caliber [inclusive] (12.7 mm) inclusive. * (c) Firearms specially designed to integrate fire control, automatic tracking, or automatic firing (e.g., Precision Guided Firearms) [or other weapons (e.g. insurgency counterinsurgency, close assault weapons systems) having a special military application regardless of caliber]. Note to paragraph (c): Integration does not include only attaching to the firearm or rail. * (d) Fully automatic shotguns regardless of gauge. [Combat shotguns. This includes any shotgun with a barrel length less than 18 inches.] * (e) Silencers, mufflers, and sound [and flash] suppressors [for the articles in (a) through (d) of this category and their specifically designed, modified or adapted components and parts.] (f) [Reserved] [Riflescopes manufactured to military specifications (See category XII(c) for controls on night sighting devices.)] * (g) Barrels, [cylinders,] receivers (frames), bolts, bolt carriers, slides, or sears [or complete breech mechanisms] specially designed for the articles in paragraphs (a), (b), and [through] (d) of this category. (h) [Components, p] Parts, components, accessories, and attachments[ ], as follows: [for the articles in paragraphs (a) through (g) of this category.] (1) Drum and other magazines for firearms to .50 caliber (12.7 mm) inclusive with a capacity greater than 50 rounds, regardless of jurisdiction of the firearm, and specially designed parts and components therefor; (2) Parts and components specially designed for conversion of a semiautomatic firearm to a fully automatic firearm; (3) Parts and components specially designed for defense articles described in paragraphs (c) and (e); or (4) Accessories or attachments specially designed to automatically stabilize aim (other than gun rests) or for automatic targeting, and specially designed parts and components therefor. (i) Technical data ([as defined in] see Sec. 120.10 of this subchapter) and defense services [as defined in] (see Sec. 120.9 of this subchapter) directly related to the defense articles described in [paragraphs (a) through (h) of] this category and classified technical data directly related to items controlled in ECCNs 0A501, 0B501, 0D501, and 0E501 and defense services using the classified technical data. (See Sec. 125.4 of this subchapter for exemptions.) [Technical data directly related to the manufacture or production of any defense articles described elsewhere in this category that are designated as Significant Military Equipment (SME) shall itself be designated SME.] (j)--(w) [Reserved] [The following interpretations explain and amplify the terms used in this category and throughout this subchapter: [(1) A firearm is a weapon not over .50 caliber (12.7 mm) which is designed to expel a projectile by the action of an explosive or which may be readily converted to do so. [(2) A rifle is a shoulder firearm which can discharge a bullet through a rifled barrel 16 inches or longer. [(3) A carbine is a lightweight shoulder firearm with a barrel under 16 inches in length. [(4) A pistol is a hand operated firearm having a chamber integral with or permanently aligned with the bore. [(5) A revolver is a hand operated firearm with a revolving cylinder containing chambers for individual cartridges. [(6) A submachine gun, ``machine pistol'' or ``machine gun'' is a firearm originally designed to fire, or capable of being fired, fully automatically by a single pull of the trigger.] (x) Commodities, software, and technology subject to the EAR (see Sec. 120.42 of this subchapter) used in or with defense articles. Note to paragraph (x): Use of this paragraph is limited to license applications for defense articles where the purchase documentation includes commodities, software, or technology subject to the EAR (see Sec. 123.1(b) of this subchapter). Note to Category I: The following interpretations explain and amplify the terms used in this category: (1) A firearm is a weapon not over .50 caliber (12.7 mm) which is designed to expel a projectile by the deflagration of propellant; (2) A fully automatic firearm or shotgun is any firearm or shotgun that shoots, is designed to shoot, or can readily be restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger; and (3) Caseless ammunition is firearm ammunition without a cartridge case that holds the primer, propellant, and projectile together as a unit. [This coverage by the U.S. Munitions List in paragraphs (a) through (i) of this category excludes any non-combat shotgun with a barrel length of 18 inches or longer, BB, pellet, and muzzle loading (black powder) firearms. This category does not cover riflescopes and sighting devices that are not manufactured to military specifications. It also excludes accessories and attachments (e.g., belts, slings, after market rubber grips, cleaning kits) for firearms that do not enhance the usefulness, effectiveness, or capabilities of the firearm, components and parts. The Department of Commerce regulates the export of such items. See the Export Administration Regulations (15 CFR parts 730-799). In addition, license exemptions for the items in this category are available in various parts of this subchapter (e.g., Sec. Sec. 123.17, 123.18 and 125.4).] Category II--Guns and Armament * (a) Guns and armament greater than [over] caliber .50 ([i.e.,] (12.7 mm), as follows: * (1) Guns, howitzers, artillery, and cannons; * (2) Mortars; * (3) Recoilless rifles; * (4) Grenade launchers; or [whether towed, airborne, self- propelled, or fixed, including but not limited to, howitzers, mortars, cannons, recoilless rifles, and grenade launchers] (5) Developmental guns and armament greater than .50 caliber (12.7 mm) funded by the Department of Defense and specially designed parts and components therefor. Note 1 to paragraph (a)(5): This paragraph does not control guns and armament greater than .50 caliber (12.7 mm); (a) in production; (b) determined to be subject to the EAR via a commodity jurisdiction determination (see Sec. 120.4 of this subchapter); or (c) identified in the relevant Department of Defense contract or other funding authorization as being developed for both civil and military applications. Note 2 to paragraph (a)(5): Note 1 does not apply to defense articles enumerated on the U.S. Munitions List, whether in production or development. Note 3 to paragraph (a)(5): This provision is applicable to those contracts or other funding authorizations that are dated [INSERT DATE ONE YEAR AFTER PUBLICATION IN THE FEDERAL REGISTER], or later. Note 1 to paragraph (a): This paragraph does not include: Non-automatic and non-semi-automatic rifles, carbines, and pistols between .50 (12.7 mm) and .72 caliber (18.288 mm) that are controlled on the CCL under ECCN 0A501; shotguns controlled on the CCL under ECCN 0A502; black powder guns and armaments manufactured between 1890 and 1919 controlled on the CCL under ECCN 0A602; or black powder guns and armaments manufactured earlier than 1890. Note 2 to paragraph (a): Guns and armament when integrated into their carrier (e.g., surface vessels, ground vehicles, or aircraft) are controlled in the category associated with the carrier. Self-propelled guns and armament are controlled in USML Category VII. Towed guns and armament and stand-alone guns and armament are controlled under this category. (b) Flame[ ]throwers with an effective range greater than or equal to 20 meters. [specifically designed or modified for military application.] (c) [Reserved] [Apparatus and devices for launching or delivering ordnance, other than those articles controlled in Category IV.] * (d) Kinetic energy weapon systems specially [specifically] designed [or modified] [[Page S6549]] ____________________
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