Commerce Requests Comments on Promoting Human Rights Controls for Crime Control

On July 17, 2020, the Department of Commerce, Bureau of Industry and Security (BIS) published a request for comments (85 FR 43532) on Commerce Control List (CCL) items controlled for crime control and detection (CC) reasons.  CC controls are intended to promote human rights throughout the world by restricting the export of products that can be used to facilitate the abuse of human rights.

The notice is a part of periodic review of CCL controls and may be used to add or remove CC licensing requirements for CCL items.

Specifically, BIS requests comments on the following items, both CCL-controlled and EAR99:

  1. Facial recognition software and other biometric systems
  2. Non-lethal visual disruption lasers (“dazzlers”)
  3. Long-range acoustic devices and related components, software, and technologies for the above items.
  4. Police helmets—0A979
  5. Fingerprint readers—3A981, and components—(3A981, 4A980), software (3D980, 4D980), and technology (3E980, 4A980) thereof
  6. Fingerprint powders, dyes, and inks (1A985)
  7. Voice print identification systems (3A980) and components (3A980), software (3D980), and technology (3E980) thereof
  8. Polygraphs and psychological stress analysis equipment (3A981) and components (3A981), software (3D980), and technology (3E980) thereof
  9. Nonmilitary mobile crime science laboratories (9A980)
  10. Miscellaneous CC controls in ECCNs and sub-paragraphs of ECCNs 4A003, 4A980, 4D001, 4D980, 4E001, 4E980, 6A002, 6E001, and 6E002.

Additional information on these items is included in the notice.  Helpful comments would address the following:

  1. Information (including performance criteria) that may distinguish purely or predominantly consumer or commercial applications from applications purely or predominantly for use by law enforcement or security services and/or used in mass surveillance, censorship, privacy violations or otherwise useful in committing human rights abuses;
  2. The impact of adding to, modifying, or removing items from the CCL on U.S. support of human rights throughout the world; and
  3. The impact that changes of controls would have upon the competitiveness of U.S. business and industry.

Country-specific licensing requirements are determined by the Commerce Country Chart.  Items controlled under CC Column 1 or 3 require licenses for most countries, while items controlled under CC Column 2 require licenses for much of the former Soviet Union and a handful of other countries.

Please refer to the Federal Register Notice for more information and submit your  comments  by September 15, 2020.