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5 June 2009
BIS Tightens Export Controls on Certain Thermal Imaging Cameras

The DOC's Bureau of Industry and Security has issued a final rule that revises the export licensing requirements for certain thermal imaging cameras and foreign military commodities incorporating such cameras. This rule makes several changes to U.S. export control regulations, summarised below.

  • Imposes a licensing requirement on certain exports and re-exports of military commodities manufactured outside the United States that are not subject to the International Traffic in Arms Regulations, regardless of the level of U.S. origin content, if those military commodities incorporate certain thermal imaging cameras that are subject to the Export Administration Regulations under Export Control Classification Number 6A003.b.4.b.
  • Adds cameras controlled under ECCN 6A993 to the military end-use licensing restrictions in place for mainland China.
  • Removes Commerce Control List-based export and re-export licence requirements with respect to 36 destinations for certain thermal imaging cameras when they are not incorporated into military commodities and if they are not being exported or re-exported to be embedded in a civil product, and imposes a semi-annual reporting requirement on transactions involving such items (these destinations are mostly European countries and do not include Hong Kong or mainland China).
  • Limits the use of licence exception APR for re-exports of certain cameras controlled by ECCN 6A003.b.4.b and certain foreign-made military commodities incorporating such cameras.
  • Imposes a licence requirement for software used to increase the frame rate of certain cameras, namely software capable of increasing to more than 9 Hz the frame rate of cameras that incorporate focal plan arrays controlled by ECCN 6A002.a.3.f.

The BIS notes that it is making these changes in recognition of the emerging availability of these cameras around the world, the export licensing practices of other governments and the potential use of these cameras in military applications.