Avionics News January 2014 - 61

Certain articles are specifically enumerated in their own paragraph. Examples of such articles, which remain subject to ITAR
control, include inertial navigation systems, inertial measurement
units, and attitude heading and reference systems (but only to the
extent those units are specially designed for aircraft controlled
by the USML or aircraft controlled in ECCN 9A610). Parts for
Department of Defense-funded developmental aircraft also are
subject to ITAR control.
The bulk of the change to USML Category VIII has been
made to VIII(h). Paragraph (h) formerly controlled "components,
parts, accessories, attachments and associated equipment . . .
specifically designed or modified for" aircraft controlled under
Category VIII; an expansive and not particularly helpful "list."
This definition was the cause of considerable confusion for those
seeking to export aircraft parts. The revised paragraph (h) now
takes the shape of a largely, though not exclusively, positive list.
Among the articles called out for control under the ITARs in
the new paragraph VIII(h) are:
* Damage or failure-adaptive flight control systems specially designed for aircraft controlled by Category VIII or
ECCN 9A610.
* Threat-adaptive autonomous flight control systems.
* Radar altimeters with output power management or signal
modulation LPI capabilities.
* UAV flight control systems and vehicle management systems with swarming capability.
* Lithium-ion batteries that provide greater than 28 VDC
nominal.
* Integrated helmets incorporating optical sights or slewing
devices, which include the ability to aim, launch, track or
manage munitions.
* Fire control computers, stores management systems,
armaments control processors, aircraft-weapon interface
units and computers.
* Mission computers, vehicle management computers and
integrated core processors specially designed for aircraft
controlled by Category VIII or ECCN 9A610.
* Any part, component, accessory, attachment, equipment
or system that is classified, contains classified software or
is being developed using classified information.
* Printed circuit boards or patterned multichip modules for
which the layout is specially designed for defense articles
in Category VIII.
* Certain radomes or electromagnetic antenna windows.
Although paragraph (h) now specifically identifies a substantial number of articles that are subject to ITAR control, it still
relies to a lesser extent on a generic list for certain low-observable
aircraft. Specifically, paragraph (h) also controls parts, compo-

nents, accessories, attachments and equipment for the B-1B, B-2,
F-15SE, F/A-18E/F/G, F-22, F-35 and F-117. Companies exporting parts that find a use on these aircraft will want to be especially
careful in reviewing the changes to the regulations.
The articles that remain on the USML and, therefore, subject to
the ITARs are those parts that have transitioned to the CCL and
BIS control. Parts that were previously described on the USML
and were thus subject to DDTC/ITAR export jurisdiction but
have moved to BIS/EAR jurisdiction have mostly been moved to
the new "600 Series" ECCNs. These are ECCNs, such as 9A610
mentioned above, with the number "6" in the middle spot of the
five-character ECCN. The 600-series is designated for Wassenaar
Arrangement Munitions List articles and for former USML articles. This new series was created in recognition of the fact that,
although these articles are transitioning from ITAR control to
EAR control, they still merit control due to their defense purpose.
Many aircraft parts that are no longer regulated under the
DDTC ITARs are moved to ECCN 9A610. If an article remains
on the USML, like an attitude and heading reference system,
then its unclassified software may have moved to a BIS/EAR
600 series ECCN; the unclassified software and technology
indirectly related to such USML articles move to new ECCNs
9D610/9E610 (aircraft software/technology) or 9D619/9E619
(engine software/technology). There also is a new ECCN for
military commodities outside the U.S. that are derived from "600
series" controlled content (ECCN 0A919 - Category 0 includes
miscellaneous items).
In some cases, the precise placement of an article may depend
on whether it is "specially designed" for 600-series articles or
for non-600 series articles. BIS has provided an online decision
tree-based tool to help with the "specially designed" determination and is available at www.bis.doc.gov/index.php/speciallydesigned-tool.
Licenses from BIS will still be required to export and re-export
most 600 series items worldwide (except to Canada), unless an
EAR license exception is available. If you have an article that
was subject to the DDTC/ITAR jurisdiction and has been moved
to BIS/EAR jurisdiction, then your existing ITAR licenses may
remain valid.
Because the ITAR is generally more restrictive than the EAR,
BIS has largely deferred to the transition plan established by the
DDTC in its final rule. The DDTC transition plan contemplates
the two possible scenarios in which articles covered by a DDTC
export license transition to the 600 Series ECCNs such that they
will be regulated by the EAR in the future.
The first scenario considers a DDTC-issued export license in
Continued on page 65

avionics news

january

2014

http://www.bis.doc.gov/index.php/specially-designed-tool http://www.bis.doc.gov/index.php/specially-designed-tool

Avionics News January 2014

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