[Federal Register Volume 71, Number 223 (Monday, November 20, 2006)]
[Rules and Regulations]
[Pages 67034-67037]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19509]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 730, 738, 740, 742, 746, 750, 752, and 774

[Docket No. 050428118-5118-01]
RIN 0694-AC82


Imposition of Foreign Policy Controls on Surreptitious 
Communications Intercepting Devices

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) is amending the 
Export Administration Regulations (EAR) by imposing new foreign policy 
export and reexport controls on devices primarily useful for the 
surreptitious interception of wire, oral, or electronic communications 
classified under Export Control Classification Number (ECCN) 5A980. In 
this rule, BIS also imposes controls on related software and technology 
by creating ECCNs 5D980 and 5E980. BIS is taking this action in order 
to prevent the unlawful interception of oral, wire, or electronic 
communications by terrorists and others who may put the information 
gained through intercepted communications to an unlawful use, to 
promote the protection of privacy of oral, wire, or electronic 
communications; and to protect against threats of terrorism around the 
world.

DATES: This rule is effective November 20, 2006.

ADDRESSES: Although there is no formal comment period, public comments 
on this regulation are welcome and should be sent to 
publiccomments@bis.doc.gov, by fax (202) 482-3355 or by mail or hand 
delivery to Sheila Quarterman, Office of Exporter Services, Regulatory 
Policy Division, Bureau of Industry and Security, Department of 
Commerce, 14th Street & Pennsylvania Avenue, NW., Room 2705, 
Washington, DC 20230. Please refer to regulatory identification number 
(RIN) 0694-AC82 in all comments, and in the subject line of e-mail 
comments. Comments on the collection of information should be sent to 
David Rostker, Office of Management and Budget (OMB), by e-mail to 
David--Roster@omb.eop.gov, or by fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Joan Roberts, Director, Foreign Policy 
Division, Office of Nonproliferation and Treaty Compliance, Bureau of 
Industry and Security, Department of Commerce, P.O. Box 273, 
Washington, DC 20044; Telephone (202) 482-4252, or E-mail: 
jroberts@bis.doc.gov.

SUPPLEMENTARY INFORMATION:

Background

    This rule amends the Export Administration Regulations (EAR) by 
imposing new foreign policy controls (``SL'' for surreptitious 
listening) on devices primarily useful for the surreptitious 
interception of wire, oral, or electronic communications, as well as 
related software and technology. The Bureau of Industry and Security 
(BIS) is taking this action in order to prevent the unlawful 
interception of oral, wire, or electronic communications by terrorists 
and others who may put the information gained through intercepted 
communications to an unlawful use; to promote the protection of privacy 
of oral, wire, or electronic communications; and to protect against 
threats of terrorism around the world. This rule amends the EAR by 
imposing a license requirement for SL reasons to all destinations on 
devices primarily useful for surreptitious interception of wire, oral 
or electronic communications classified under Export Control 
Classification Number (ECCN) 5A980. This rule also imposes controls on 
related software and technology by creating ECCN 5D980 for software 
primarily useful for the surreptitious interception of wire, oral, or 
electronic communications, and software primarily useful for the 
``development'', ``production'', or ``use'' of devices controlled under 
ECCN 5A980; and by creating ECCN 5E980 for technology primarily useful 
for the ``development'', ``production'', or ``use'' of devices 
controlled under ECCN 5A980.
    This rule also imposes a license requirement for AT reasons on 
exports and reexports of items controlled under 5A980, 5D980, or 5E980 
to Cuba, Iran, North Korea, Sudan, and Syria. BIS will generally deny 
all applications involving terrorist supporting countries and those 
involving a material contribution to certain proliferation activities 
as set forth in part 744 of the EAR.
    BIS will generally approve applications for the export and reexport 
of items classified under 5A980, 5D980, or 5E980 to all other 
destinations, except for destinations for which a license is required 
for AT reasons, by providers of wire or electronic communication 
service acting in the normal course of business; or officers, agents, 
or employees of, or persons under contract with, the United States, a 
State, or a political subdivision thereof in the normal course of 
activities of any of the governmental entities listed. License 
applications from other parties will generally be denied.
    The license requirement for 5A980, 5D980, and 5E980 items is not 
reflected on the Commerce Country Chart (Supplement No. 1 to Part 738 
of the EAR). The requirement is set forth at the entries for ECCNs 
5A980, 5D980, and 5E980 on the Commerce Control List (CCL) in part 774 
of the EAR and also in section 742.13(a) of the EAR. Section 742.13(b) 
of the EAR sets forth the licensing policy for surreptitious 
communications intercepting devices controlled under 5A980, as well as 
related software and technology controlled under newly created ECCNs 
5D980 and 5E980.
    The license requirements set forth in the EAR are independent of 
the requirements of section 2512 of the Omnibus Crime Control and Safe 
Streets Act of 1968, as amended (18 U.S.C. 2512). These controls do not 
supersede, nor do they implement, construe, or limit the scope of any 
of the statutory restrictions of section 2512 of the Omnibus Crime 
Control and Safe Streets Act of 1968, as amended, that are enforced by 
the U.S. Department of Justice.
    This rule maintains the restriction on License Exception 
availability for the export or reexport of items primarily useful for 
surreptitious interception of wire, oral, or electronic communications, 
or related software, controlled under ECCNs 5A980, as set forth in 
section 740.2(a), Restrictions on all License Exceptions, of the EAR. 
Only License Exception Governments, international organizations, and 
international inspections under the Chemical Weapons Convention (GOV) 
is available to export or reexport such items if consigned to and for 
the official use of an agency of the U.S. Government, as set forth in 
section 740.11(b)(2)(ii) of the EAR. This rule places the same 
restrictions on License Exception availability for software controlled 
under new ECCN 5D980. No License Exceptions are available for the 
export or reexport of technology useful for surreptitious interception 
of wire, oral, or electronic communications covered under new ECCN 
5E980.
    This action is taken after consultation with the Secretary of 
State. BIS submitted a foreign policy report to the

[[Page 67035]]

Congress indicating the imposition of new foreign policy controls on 
September 22, 2006.
    Although the Export Administration Act expired on August 20, 2001, 
Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp., p. 783 
(2002)), as extended by the Notice of August 3, 2006 (71 FR 44551, 
August 7, 2006), continues the Regulations in effect under the 
International Emergency Economic Powers Act. BIS amends the EAR in this 
rule under the provisions of the EAA as continued in effect under IEEPA 
and Executive Order 13222.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for 
the purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to nor be subject to a penalty for failure to 
comply with a collection of information, subject to the requirements of 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), 
unless that collection of information displays a currently valid Office 
of Management and Budget (OMB) Control Number. This regulation involves 
collections previously approved by the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour 
estimate of 58 minutes to prepare and submit form BIS-748. Burden hours 
associated with the Paperwork Reduction Act and Office and Management 
and Budget control number 0694-0088 are not impacted by this 
regulation. Send comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing the burden, to David Rostker, Office of Management and Budget 
(OMB), by e-mail to David--Rostker@omb.eop.gov, or by fax to (202) 395-
7285.
    3. This rule does not contain policies with Federalism implications 
sufficient to warrant preparation of a Federalism assessment under 
Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring notice of proposed rulemaking, the opportunity for 
public participation, and a delay in effective date, are inapplicable 
because this regulation involves a military or foreign affairs function 
of the United States (see 5 U.S.C. 553(a)(1)). Further, no other law 
requires that a notice of proposed rulemaking and an opportunity for 
public comment be given for this rule. Because a notice of proposed 
rulemaking and an opportunity for public comment are not required to be 
given for this rule by 5 U.S.C. 553, or by any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are not applicable.
    Therefore, this regulation is issued in final form. Although there 
is no formal comment period, public comments on this regulation are 
welcome on a continuing basis. Comments should be submitted to Sheila 
Quarterman, Office of Exporter Services, Regulatory Policy Division, 
Bureau of Industry and Security, Department of Commerce, 14th Street & 
Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230.

List of Subjects

15 CFR Part 730

    Administrative practice and procedure, Advisory committees, 
Exports, Reporting and recordkeeping requirements, Strategic and 
critical materials.

15 CFR Part 738

    Exports.

15 CFR Part 740, 750, 752

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements.

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 746

    Exports, Reporting and recordkeeping requirements.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.


0
Accordingly, parts 730, 738, 740, 742, 746, 750, 752 and 774 of the 
Export Administration Regulations (15 CFR parts 730-799) are amended as 
follows:

PART 730--[AMENDED]

0
1. The authority citation for 15 CFR part 730 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151 
note, Pub. L. 108-175; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 
U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 
1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; Sec. 901-911, Pub. L. 
106-387; Sec. 221, Pub. L. 107-56; E.O. 11912, 41 FR 15825, 3 CFR, 
1976 Comp., p. 114; E.O. 12002, 42 FR 35623, 3 CFR, 1977 Comp., 
p.133; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 
12214, 45 FR 29783, 3 CFR, 1980 Comp., p. 256; E.O. 12851, 58 FR 
33181, 3 CFR, 1993 Comp., p. 608; E.O. 12854, 58 FR 36587, 3 CFR, 
1993 Comp., p. 179; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 
899; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 
60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 12981, 60 FR 62981, 3 
CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp. 
p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 
13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 
44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 
2001 Comp., p. 786; E.O. 13338, 69 FR 26751, May 13, 2004; Notice of 
October 25, 2005, 70 FR 62027 (October 27, 2005); Notice of August 
3, 2006, 71 FR 44551 (August 7, 2006).

PART 738--[AMENDED]

0
2. The authority citation for 15 CFR part 738 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et 
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; 
Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 13026, 
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 
CFR, 2001 Comp., p. 783; Notice of August 3, 2006, 71 FR 44551 
(August 7, 2006).

0
3. Section 738.2 is amended by amending paragraph (d)(2)(i)(A) to add 
an entry to the end of the list to read as follows:


Sec.  738.2  Commerce Control List (CCL) structure.

* * * * *
    (d) * * *
    (2) * * *
    (i) * * *
    (A) * * *
SL Surreptitious Listening
* * * * *

0
4. Section 738.3 is amended by adding paragraphs (a)(1) and (a)(2) to 
read as follows:


Sec.  738.3  Commerce Country Chart structure.

    (a) * * *
    (1) ECCNs 0A983, 5A980, 5D980, and 5E980. A license is required for 
all destinations for items controlled under these entries. For items 
controlled by 0A983 and 5E980, no License Exceptions apply. For items 
controlled by 5A980 and 5D980, License Exception GOV may apply if your 
item is consigned to and for the official use of an agency of the U.S. 
Government (see Sec.  740.2(a)(3)). If your item is controlled by 
0A983, 5A980, 5D980, or 5E980 you should proceed directly to part 748 
of the EAR for license application instructions and Sec.  742.11 or 
Sec.  742.13 of the EAR for information on the licensing policy 
relevant to these types of applications.

[[Page 67036]]

    (2) [Reserved]
* * * * *

PART 740--[AMENDED]

0
5. The authority citation for 15 CFR part 740 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
Sec. 901-911, Pub. L. 106-387; E.O. 13026, 61 FR 58767, 3 CFR, 1996 
Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; 
Notice of August 3, 2006, 71 FR 44551 (August 7, 2006).


0
6. Section 740.2 is amended by revising paragraph (a)(3) to read as 
follows:


Sec.  740.2  Restrictions on all license exceptions.

    (a) * * *
    (3) The item is primarily useful for surreptitious interception of 
wire, oral, or electronic communications, or related software, 
controlled under ECCNs 5A980 or 5D980, unless the item is consigned to 
and for the official use of an agency of the U.S. Government (see Sec.  
740.11(b)(2)(ii) of this part, Governments (GOV)).
* * * * *

PART 742--[AMENDED]

0
7. The authority citation for 15 CFR part 742 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; Sec. 901-911, Pub. L. 106-
387; Sec. 221, Pub. L. 107-56; Sec. 1503, Pub. L. 108-11,117 Stat. 
559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 
58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 
CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., 
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; 
Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May 
16, 2003; Notice of October 25, 2005, 70 FR 62027 (October 27, 
2005); Notice of August 3, 2006, 71 FR 44551 (August 7, 2006).


0
8. Section 742.13 is amended by revising paragraphs (a), (b) and (d) to 
read as follows:


Sec.  742.13  Communications intercepting devices; software and 
technology for communications intercepting devices.

    (a) License requirement. (1) In support of U.S. foreign policy to 
prohibit the export of items that may be used for the surreptitious 
interception of wire, oral, or electronic communications, a license is 
required for all destinations, including Canada, for ECCNs having an 
``SL'' under the ``Reason for Control'' paragraph. These items include 
any electronic, mechanical, or other device primarily useful for the 
surreptitious interception of wire, oral, or electronic communications 
(ECCN 5A980); and for related software primarily useful for the 
surreptitious interception of wire, oral, or electronic communications, 
and software primarily useful for the ``development'', ``production'', 
or ``use'' of devices controlled under ECCN 5A980 (ECCN 5D980); and 
technology primarily useful for the ``development'', ``production'', or 
``use'' of devices controlled under ECCN 5A980 (ECCN 5E980). These 
licensing requirements do not supersede the requirements contained in 
the Omnibus Crime Control and Safe Streets Act of 1968, as amended (18 
U.S.C. Section 2512). This license requirement is not reflected on the 
Commerce Country Chart (Supplement No. 1 to Part 738 of the EAR).
    (2) ``Communications intercepting devices'' are electronic, 
mechanical, or other devices that can be used for interception of wire, 
oral, or electronic communications if their design renders them 
primarily useful for surreptitious listening even though they may also 
have innocent uses. A device is not restricted merely because it is 
small or may be adapted to wiretapping or eavesdropping. Some examples 
of devices to which these restrictions apply are: the martini olive 
transmitter; the infinity transmitter; the spike mike; and the 
disguised microphone appearing as a wristwatch, cufflink, or cigarette 
pack; etc. The restrictions do not apply to devices such as the 
parabolic microphone or other directional microphones ordinarily used 
by broadcasters at sports events, since these devices are not primarily 
useful for surreptitious listening.
    (b) Licensing policy. (1) License applications, except for those 
applications for which a license is required for both SL and AT 
reasons, will generally be approved for exports or reexports requiring 
a license for SL reasons when the exporter or reexporter is:
    (i) A provider of wire or electronic communication services or an 
officer, agent, or employee of, or person under contract with such a 
provider, in the normal course of the business of providing that wire 
or electronic communication service; or
    (ii) An officer, agent, or employee of, or a person under contract 
with, the United States, one of the 50 States, or a political 
subdivision thereof, when engaged in the normal course of government 
activities.


    Note to Paragraph (b)(1): For SL reasons, license applications 
will generally be denied to countries that are subject to controls 
for AT reasons.


    Note to Paragraph (b)(1)(i): The normal course of the business 
of providing a wire or electronic communications service includes 
any activity which is a necessary incident to the rendition of the 
service or to the protection of the rights and property of the 
provider of that service.


    (2) Other license applications will generally be denied for exports 
or reexports requiring a license for SL reasons.
* * * * *
    (d) U.S. controls. Controls on items classified under ECCNs 5A980, 
5D980, and 5E980 are maintained by the United States government for 
foreign policy purposes.

PART 746--[AMENDED]

0
9. The authority citation for 15 CFR part 746 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 287c; Sec. 1503, Pub. L. 108-11,117 Stat. 559; 22 U.S.C. 
6004; Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 
12854, 58 FR 36587, 3 CFR 1993 Comp., p. 614; E.O. 12918, 59 FR 
28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222, 3 CFR, 2001 Comp., p. 
783; Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, 
May 16, 2003; Notice of August 3, 2006, 71 FR 44551 (August 7, 
2006).


Sec.  746.3  [Amended]

0
10. Section 746.3 is amended by revising the phrase ``for NS, MT, NP, 
CW, CB, RS, CC, EI, or SI reasons.'' in paragraph (a)(1) to read ``for 
NS, MT, NP, CW, CB, RS, CC, EI, SI, or SL reasons.''


Sec.  746.7  [Amended]

0
11. Section 746.7 is amended in paragraph (a)(2)(i) by adding the 
phrase ``5D980, 5E980,'' after ``5A980,''.


Sec.  746.8  [Amended]

0
12. Section 746.8 is amended in paragraph (b)(1)(ii) by adding the 
phrase ``5D980; 5E980;'' after ``5A980;''.

PART 750--[AMENDED]

0
13. The authority citation for 15 CFR part 750 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
Sec 1503, Pub. L. 108-11,117 Stat. 559; E.O. 13026, 61 FR 58767, 3 
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., 
p. 783; Presidential Determination 2003-23 of May 7, 2003, 68 FR 
26459, May 16, 2003; Notice of August 3, 2006, 71 FR 44551 (August 
7, 2006).


0
14. Section 750.3 is amended by revising paragraph (b)(2)(v) to read as 
follows:

[[Page 67037]]

Sec.  750.3  Review of license applications by BIS and other government 
agencies and departments.

* * * * *
    (b) * * *
    (2) * * *
    (v) The Department of Justice is concerned with controls relating 
to encryption items and items primarily useful for the surreptitious 
interception of wire, oral, or electronic communications.

PART 752--[AMENDED]

0
15. The authority citation for 15 CFR part 752 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp. p. 219; E.O. 13222, 66 FR 
44025, 3 CFR, 2001 Comp., p. 783; Notice of August 3, 2006, 71 FR 
44551 (August 7, 2006).

0
16. Section 752.3 is amended by revising paragraph (a)(7) to read as 
follows:


Sec.  752.3  Eligible items.

    (a) * * *
    (7) Communications intercepting devices and related software and 
technology controlled by ECCN 5A980, 5D980, or 5E980 on the CCL;
* * * * *

PART 774--[AMENDED]

0
17. The authority citation for 15 CFR part 774 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; 
Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 13026, 
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 
CFR, 2001 Comp., p. 783; Notice of August 3, 2006, 71 FR 44551 
(August 7, 2006).


0
18. In Supplement No. 1 to Part 774, the Commerce Control List, 
Category 5 (Telecommunications), is amended by revising the ``License 
Requirements'' section for Export Control Classification Number (ECCN) 
5A980 to read as follows:

    5A980 Devices primarily useful for the surreptitious 
interception of wire, oral, or electronic communications; and parts 
and accessories therefor.

License Requirements

    Reason for Control: SL, AT.
    Control(s): SL and AT apply to entire entry. A license is required 
for all destinations, as specified in Sec.  742.13 of the EAR. 
Accordingly, a column specific to this control does not appear on the 
Commerce Country Chart (Supplement No. 1 to Part 738 of the EAR).


    Note: This licensing requirement does not supersede, nor does it 
implement, construe or limit the scope of any criminal statute, 
including, but not limited to the Omnibus Safe Streets Act of 1968, 
as amended.


    Note: These items are subject to the United Nations Security 
Council arms embargo against Rwanda described in Sec.  746.8 of the 
EAR.

* * * * *

0
19. In Supplement No. 1 to Part 774, the Commerce Control List, 
Category 5 (Telecommunications), is amended by adding new Export 
Control Classification Number (ECCN) 5D980 to read as follows:

    5D980 Other ``software'', as follows (see List of Items 
Controlled).

License Requirements

    Reason for Control: SL, AT.
    Controls: SL and AT apply to entire entry. A license is required 
for all destinations, as specified in Sec.  742.13 of the EAR. 
Accordingly, a column specific to this control does not appear on 
the Commerce Country Chart (Supplement No. 1 to Part 738 of the 
EAR).


    Note: This licensing requirement does not supersede, nor does it 
implement, construe or limit the scope of any criminal statute, 
including, but not limited to the Omnibus Safe Streets Act of 1968, 
as amended.


    Note: These items are subject to the United Nations Security 
Council arms embargo against Rwanda described in Sec.  746.8 of the 
EAR.

License Exceptions

    CIV: N/A.
    TSR: N/A.

List of Items Controlled

    Unit: $ value.
    Related Controls: N/A.
    Related Definitions: N/A.
    Items:
    a. ``Software'' primarily useful for the surreptitious 
interception of wire, oral, and electronic communications.
    b. ``Software'' primarily useful for the ``development'', 
``production'', or ``use'' of equipment controlled by 5A980.


0
20. In Supplement No. 1 to Part 774, the Commerce Control List, 
Category 5 (Telecommunications), is amended by adding new Export 
Control Classification Number (ECCN) 5E980 to read as follows:

    5E980 ``Technology'' primarily useful for the ``development'', 
``production'', or ``use'' of equipment controlled by 5A980.

License Requirements

    Reason for Control: SL, AT.
    Controls: SL and AT apply to entire entry. A license is required 
for all destinations, as specified in Sec.  742.13 of the EAR. 
Accordingly, a column specific to this control does not appear on 
the Commerce Country Chart (Supplement No. 1 to Part 738 of the 
EAR).


    Note: These items are subject to the United Nations Security 
Council arms embargo against Rwanda described in Sec.  746.8 of the 
EAR.

License Exceptions

    CIV: N/A.
    TSR: N/A.

List of Items Controlled

    Unit: $ value.
    Related Controls: N/A.
    Related Definitions: N/A.
    Items:
    The list of items controlled is contained in the ECCN heading.
* * * * *

    Dated: November 13, 2006.
Christopher A. Padilla,
Assistant Secretary for Export Administration.
 [FR Doc. E6-19509 Filed 11-17-06; 8:45 am]
BILLING CODE 3510-33-P