BIS Proposes to Add ECCN to Impose Export Controls on Certain Infrasound Sensors

June 30, 2010 by Kelly Sly|Other U.S.

The Bureau of Industry and Security has issued a proposed rule to amend the Export Administration Regulations to add Export Control Classification Number 6A981 to the Commerce Control List, which would impose new foreign policy export and reexport controls on certain infrasound sensors.

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Comments are due by August 30, 2010.

(Infrasound sensors are used by the oil exploration industry, meteorologists, seismologists, and the military to detect natural or man-made infrasound sources including earthquakes, volcanic eruptions, rocket launch, and/or nuclear explosions.

BIS notes that current sensors have enhanced capabilities and military and commercial applications.)

Proposed ECCN Would Subject Certain Infrasound Sensors to RS and AT Controls

BIS proposes to amend the CCL (Supplement No. 1 to 15 CFR Part 774), Category 6 (Sensors and Lasers) by adding ECCN 6A981, which would be controlled for RS and AT reasons and would have the following control parameters:

“Sensors designed to measure pressure whose 3 dB bandwidth intersects any part of the infrasound band of 0.01-16 Hz and have a sensor band-limited root mean squared (RMS) self-noise from 0.5-2Hz less than 0.15 milliPascals, which is equivalent to an average of -77 dB (relative to 1 Pa2/Hz) across the 0.5-2Hz band.”

(BIS proposes to require a license for the export and reexport of these sensors to countries with an X in the box under RS Column 2 and AT Column 1 on the Commerce Country Chart (Supplement No. 1 to 15 CFR Part 738).)

Proposed RS, AT Controls for ECCN 6A981 Technology and Software

BIS also proposes to revise the headings and license requirements sections of ECCNs 6D991 and 6E991 in order to add RS and AT controls for development, production or use technology and software for equipment under ECCN 6A981¹.

All Other EAR End-Use License Requirements Would Also Apply

All other license requirements of the EAR that are applicable to a transaction involving these sensors would also apply to items controlled by new ECCN 6A981 (e.g., end-user and end-use based license requirements set forth in 15 CFR Part 744).

License Exceptions Would be Available Under Certain Circumstances

BIS states that there may be license exceptions available for export of these items under certain circumstances (License Exceptions GOV, TMP, RPL, TSU, BAG, and APR).

BIS Requests Comments to Determine Scope, Impact of Proposed ECCN

BIS is requesting public comments to determine how many U.S. companies manufacture these sensors and would be impacted by this new control. Therefore, BIS is seeking specific information about the impact of this proposed rule, as follows:

Whether companies manufacture parts, software, or technology that would be controlled if this rule was to be promulgated.
What the end-use is for the sensors companies manufacture.
What the typical end-uses are for these sensors, other than those end-uses described in the proposed rule.
Whether the parameters set forth in the proposed rule are appropriate to control sensors that could be used to detect rocket launch and/or nuclear explosions, or whether the parameters are overly broad. If the controls are overly broad, could the parameters be narrowed to capture sensors that BIS is interested in controlling.
Whether there is foreign availability for these sensors. If foreign availability does exist, companies could provide BIS with the URLs referencing these sensors on foreign websites or other foreign marketing material.

¹BIS also proposes to revise the headings of ECCNs 6E001 and 6E002 to make clear that ECCN 6A981 is excluded from the scope of these entries.

BIS contact -- James Thompson (202) 482-4252

(FR Pub 06/30/10, D/N 080724907-91435-01)