Military end-user rules for cameras and microprocessors

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1. Two military end-user rules

The Export Administration Regulations (EAR) list restrictions on certain cameras, systems and related components, and on certain microprocessors for military end uses and end users (15 CFR 744.1(a)(1)). Section 744.9 covers certain cameras, systems and related components. Section 744.17 covers certain microprocessors and the software and technology for their development or production. The general rules for this part are covered in how EAR end-use and end-user controls work. Both apply in addition to other license requirements in the EAR (15 CFR 744.9(a)(1), 15 CFR 744.17(a)).

2. Cameras and related items: the three triggers

A license is required under section 744.9 when, at the time of the transaction, the exporter, reexporter or transferor knows or is informed of one of three facts (15 CFR 744.9(a)(1)). The requirement is in addition to those for nuclear nonproliferation, national security, regional stability, anti-terrorism and United Nations embargo reasons.

The first trigger is that items under Export Control Classification Numbers (ECCNs) 6A003.a.3, 6A003.a.4 or 6A003.a.6 will be or are intended to be used by a military end user (15 CFR 744.9(a)(1)(i)). That applies in all destinations except Australia, Canada and the United Kingdom. The second covers more items: ECCNs 6A002, 6A003 (other than the three entries above) and 8A002.d, and 0A504 items incorporating 6A002 or 6A003 commodities (15 CFR 744.9(a)(1)(ii)). It also covers 6A993.a items with a maximum frame rate of 9 Hz or less, and 0A504 items incorporating them. It applies when such items will be or are intended to be used by a military end user in any destination outside Country Group A:1.

The third is that items in the same ECCNs, this time including all of 6A003, will be incorporated into a military commodity under ECCN 0A919 (15 CFR 744.9(a)(1)(iii)). It applies in all destinations except Australia, Canada and the United Kingdom.

3. Deployments, notices and review

The requirement does not apply to items reexported or transferred as part of a military deployment by a unit of the government of a Country Group A:1 country (15 CFR 744.9(a)(2)). The Bureau of Industry and Security (BIS) may also inform a party, by specific notice or by amending the EAR, that a license is required for specified end users (15 CFR 744.9(b)). It does so where it finds an unacceptable risk of diversion to those users or of unauthorized incorporation into military commodities.

Specific notice is given only by, or at the direction of, the Deputy Assistant Secretary for Export Administration (15 CFR 744.9(b)). An oral notice is followed within two working days by a written notice that official signs. Applications are reviewed under the policies that would apply under the International Traffic in Arms Regulations (ITAR) (15 CFR 744.9(c)).

4. Who is a military end user for cameras

For section 744.9, a military end user means the national armed services of a country, which the rule lists as its army, navy, marine, air force and coast guard (15 CFR 744.9(d)). It also includes the national guard and national police, and government intelligence or reconnaissance organizations. Any person or entity whose actions or functions are intended to support military end uses, as defined in section 744.17(d), is included too.

Shipments consigned to and for the official use of the U.S. Government, as authorized under section 740.11(b)(2)(ii), may be made under License Exception GOV (15 CFR 744.9(e)). No other license exception applies to these prohibitions.

5. Microprocessors: the general prohibition

Section 744.17 covers microprocessor, microcomputer and microcontroller microcircuits with a processing speed of 5 GFLOPS (billion floating-point operations per second) or more and an arithmetic logic unit access width of 32 bits or more (15 CFR 744.17(a)). That includes those incorporating information security functionality. It also covers associated software and technology for their production or development.

A license is required if, at the time of the transaction, the exporter knows, has reason to know or is informed by BIS of a military link in Country Group D:1 (15 CFR 744.17(a)). The link is that the item will be or is intended to be used for a military end use in a D:1 destination, or by a military end user there.

6. Notices and the presumption of denial

BIS may inform a party, individually by specific notice or by amending the EAR, that a license is required for specified end users (15 CFR 744.17(b)). It does so where it has found an unacceptable risk of diversion. The same notice procedure applies, through the Deputy Assistant Secretary for Export Administration, with written confirmation of an oral notice within two working days. The absence of a notice does not excuse compliance with the general prohibition.

Applications for items subject to section 744.17 face a presumption of denial (15 CFR 744.17(c)).

7. Military end use and end user for microprocessors

Military end use means incorporation into a military item on the U.S. Munitions List (USML) or the Wassenaar Arrangement Munitions List (15 CFR 744.17(d)). It also means incorporation into items under ECCNs ending in A018 or under 600 series ECCNs. It further covers any commodity designed for the use, development, production or deployment of such military items. Supplement no. 1 to part 744 lists examples.

Military end user is defined in the same words as under the camera rule (15 CFR 744.17(e)). It covers national armed services, the national guard and national police, government intelligence or reconnaissance organizations, and anyone whose actions or functions are intended to support military end uses.

8. Exceptions

The microprocessor prohibitions override any license exception or No License Required (NLR) designation that would otherwise apply (15 CFR 744.17(f)). The exception is items for, or on behalf of, the official use of U.S. Government personnel and agencies, or agencies of a cooperating government, under License Exception GOV. Section 740.11 defines an agency of the U.S. Government and an agency of a cooperating government. The country-based military end-use rules in section 744.21 are covered in the y paragraphs and military end-use rules.

Key terms

Military end user	National armed services, national guard and police, intelligence or reconnaissance bodies, and their supporters.
Military end use	Incorporation into USML, Wassenaar munitions, A018 or 600 series items, or into commodities designed for them.
Presumption of denial	The review standard for microprocessor applications under section 744.17.
License Exception GOV	The exception for official use by U.S. and cooperating government agencies.
Country Group D:1	The country group named in the microprocessor rule.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

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