POET Technologies Inc.

in response to oz4m2's message

Now try and follow this from oz4m2’s link. If nothing else it really gives you a sense of how important opto-electronics are to the military.

Category XII—Fire Control, Laser,

Imaging, and Guidance and Control

Equipment

* (a) Fire control and aiming systems,

as follows:

(1) Fire control systems;

(2) Weapon sights, weapon aiming

systems, and weapon imaging systems

(e.g., clip-on), with or without an

integrated viewer, display, or reticle,

specially designed for an article subject

to this subchapter and also

incorporating or specially designed to

incorporate any of the following:

(i) An infrared focal plane array

having a peak response at a wavelength

exceeding 1,000 nm;

(ii) Second generation or greater

image intensifier tubes;

(iii) A ballistic computer for adjusting

the aim point display; or

(iv) Infrared laser having a wavelength

exceeding 710 nm;

(3) Electronic or optical weapon

positioning, laying, or spotting systems;

(4) Laser spot trackers and laser spot

detection, location, or imaging systems,

with an operational wavelength shorter

than 400 nm or longer than 710 nm and

that are for laser target designators or

coded laser target markers controlled in

paragraph (b)(1);

Note to paragraph (a)(4): For controls

on LIDAR, see paragraph (b)(6) of this

category.

(5) Bomb sights or bombing

computers;

(6) Electro-optical missile or ordnance

tracking systems,

(7) Electro-optical ordnance guidance

systems;

(8) Electro-optical systems that

automatically detect and locate weapons

launch or fire;

(9) Remote wind-sensing systems

specially designed for ballistic-corrected

aiming; or

(10) Helmet mounted display (HMD)

systems or end items, incorporating

optical sights or slewing devices that

aim, launch, track, or manage

munitions, or control infrared imaging

systems or end items described in this

category, other than such items

controlled in Category VIII (e.g., Combat

Vehicle Crew HMD, Mounted Warrior

HMD, Integrated Helmet Assembly

Subsystem, Drivers Head Tracked

Vision System);

* (b) Laser systems and end items, as

follows:

(1) Laser target designators or coded

target markers that mediate the delivery

of ordnance to a target;

(2) Target illumination systems

having a variable beam divergence, and

a laser output wavelength exceeding 710

nm, to artificially light an area to search

for or locate a target;

(3) Laser rangefinders having any of

the following:

(i) Output wavelength of 1064 nm and

any Q-switched pulse output; or

(ii) Output wavelength exceeding

1064 nm and any of the following:

(A) Single shot ranging capability of 3

km or greater against a standard 2.3 m

x 2.3 m NATO target having 10%

reflectivity and 23 km visibility; or

(B) Multiple shot ranging capability at

3 Hz or greater of 1 km or greater against

a standard 2.3 m x 2.3 m NATO target

having 10% reflectivity and 23 km

visibility;

(4) Targeting systems and target

location systems, incorporating or

specially designed to incorporate a laser

rangefinder and incorporating or

specially designed to incorporate a

Global Navigation Satellite System

(GNSS), guidance, or navigation defense

article controlled in paragraph (d) of

this category (MT if designed or

modified for rockets, missiles, space

launch vehicles (SLVs), drones, or

unmanned aerial vehicle systems

capable of delivering at least a 500 kg

payload to a range of at least 300 km);

(5) Systems specially designed to use

laser energy with an output wavelength

exceeding 710 nm to exploit differential

target-background retroreflectance in

order to detect personnel or optical/

electro-optical equipment (e.g., optical

augmentation systems);

(6) Light detection and ranging

(LIDAR), laser detection and ranging

(LADAR), or range-gated systems

specially designed for a military end

user (MT if designed or modified for

rockets, missiles, SLVs, drones, or

unmanned aerial vehicle systems

capable of delivering at least a 500 kg

payload to a range of at least 300 km);

or

(7) Developmental lasers or laser

systems funded by the Department of

Defense via contract or other funding

authorization;

Note 1 to paragraph (b)(7): This paragraph

does not control lasers or laser systems: (a)

In production, (b) determined to be subject to

the EAR via a commodity jurisdiction

determination (see § 120.4 of this

subchapter), or (c) identified in the relevant

Department of Defense contract or other

funding authorization as being developed for

both civil and military applications.

Note 2 to paragraph (b)(7): Note 1 does not

apply to defense articles enumerated on the

U.S. Munitions List, whether in production

or development.

Note 3 to paragraph (b)(7): This provision

is applicable to those contracts or other

funding authorizations that are dated XXXX,

2017 or later.

* (c) Night vision, infrared, or

terahertz imaging systems or end items,

as follows:

(1) Night vision or infrared cameras

specially designed for articles in this

subchapter;

Note to paragraph (c)(1): The articles

controlled by this paragraph have sufficient

electronics to enable at a minimum the

output of an analog or digital signal once

power is applied.

(2) Binoculars, bioculars, monoculars,

goggles, or head or helmet-mounted

imaging systems (including video-based

articles having a separate near-to-eye

display), as follows:

(i) Incorporating an autogated third

generation image intensifier tube or a

higher generation image intensifier tube;

(ii) Fusing output of an image

intensifier tube and an infrared focal

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plane array having a peak response

greater than 1,000 nm; or

(iii) Having an infrared focal plane

array or imaging camera, and is

specially designed for a military end

user;

(3) Targeting systems specially

designed for articles in this subchapter;

(4) Infrared search and track (IRST)

systems, that:

(i) Incorporate or are specially

designed to incorporate an infrared focal

plane array or imaging camera, having a

peak response within the wavelength

range exceeding 3 microns or greater;

and

(ii) Maintain positional or angular

state of a target through time;

(5) Infrared imaging systems, as

follows:

(i) Mobile reconnaissance, scout, or

surveillance systems providing real-time

target location at ranges greater than 5

km (e.g., LRAS, CIV, HTI, SeeSpot,

MMS);

(ii) Airborne stabilized systems

specially designed for military

reconnaissance (e.g., DB–110, C–B4);

(iii) Multispectral imaging systems

that classify or identify military or

intelligence targets or characteristics;

(iv) Automated missile detection or

warning systems;

(v) Systems hardened to withstand

electromagnetic pulse (EMP) or

chemical, biological, or radiological

threats;

(vi) Systems incorporating

mechanism(s) to reduce signature;

(vii) Persistent surveillance systems

with a ground sample distance (GSD) of

0.5 m or better (smaller) at 10,000 ft

AGL and a simultaneous coverage area

of 3 km2 or greater;

(viii) Gimbaled infrared systems, as

follows:

(A) Having a stabilization better (less)

than 30 microradians RMS and a turret

with a ball diameter of 15 inches or

greater; or

(B) Specially designed for articles in

this subchapter; or

(ix) Systems specially designed for

military platforms controlled in this

subchapter (MT if for determining

bearings to specific electromagnetic

sources (direction finding equipment) or

terrain characteristics and designed or

modified for rockets, missiles, SLVs,

drones, or unmanned aerial vehicle

systems capable of delivering at least a

500 kg payload to a range of at least 300

km);

(6) Terahertz imaging systems having

a peak response in the frequency range

exceeding 30 GHz but not exceeding

3000 GHz, and having a resolution less

(better) than 0.1 milliradians at a

standoff range of 100 m;

(7) Systems or equipment,

incorporating an infrared (IR) beacon or

emitter, specially designed for Combat

Identification;

(8) Systems that project

radiometrically calibrated scenes at a

frame rate greater than 30 Hz directly

into the entrance aperture of an electrooptical

or infrared (EO/IR) sensor

controlled in this subchapter within

either the spectral band exceeding 10

nm but not exceeding 400 nm, or the

spectral band exceeding 900 nm but not

exceeding 30,000 nm;

(9) Developmental electro-optical,

infrared, or terahertz systems funded by

the Department of Defense.

Note 1 to paragraph (c)(9): This paragraph

does not control electro-optical, infrared, or

terahertz imaging systems: (a) In production,

(b) determined to be subject to the EAR via

a commodity jurisdiction determination (see

§ 120.4 of this subchapter, or (c) identified in

the relevant Department of Defense contract

or other funding authorization as being

developed for both civil and military

applications.

Note 2 to paragraph (c)(9): Note 1 does not

apply to defense articles enumerated on the

U.S. Munitions List, whether in production

or development.

Note 3 to paragraph (c)(9): This provision

is applicable to those contracts or other

funding authorizations that are dated XXXX,

2017 or later.

(d) Guidance, navigation, and control

systems or end items, as follows:

(1) Guidance or navigation systems

(e.g., inertial navigation systems, inertial

reference units, attitude and heading

reference systems) as follows (MT if

designed or modified for rockets,

missiles, SLVs, drones, or unmanned

aerial vehicle systems capable of a range

greater than or equal to 300 km);

(i) Having a circle of equal probability

(CEP) of position error rate less (better)

than 0.28 nautical miles per hour,

without the use of positional aiding

references;

(ii) Having a heading error or true

north determination of less (better) than

0.28 mrad secant (latitude) (0.016043

degrees secant (latitude));

(iii) Having a CEP of position error

rate less than 0.2 nautical miles in an 8

hour period, without the use of

positional aiding references; or

(iv) Specified to function at linear

acceleration levels exceeding 25 g;

Note 1 to paragraph (d)(1): For rocket,

SLV, or missile flight control and guidance

systems (including guidance sets), see

Category IV(h).

Note 2 to paragraph (d)(1): Inertial

measurement units are described in

paragraph (e) of this category.

(2) Global Navigation Satellite System

(GNSS) receiving equipment, as follows:

(i) GNSS receiving equipment

specially designed for military

applications (MT if designed or

modified for airborne applications and

capable of providing navigation

information at speeds in excess of 600

m/s);

(ii) Global Positioning System (GPS)

receiving equipment specially designed

for encryption or decryption (e.g., YCode,

M-Code) of GPS precise

positioning service (PPS) signals (MT if

designed or modified for airborne

applications);

(iii) GPS receiving equipment

specially designed for use with an

antenna described in Category XI(c)(10)

(MT if designed or modified for airborne

applications); or

(iv) GPS receiving equipment

specially designed for use with rockets,

missiles, SLVs, drones, or unmanned air

vehicle systems capable of delivering at

least a 500 kg payload to a range of at

least 300 km (MT);

Note to paragraph (d)(2)(iv): ‘‘Payload’’ is

the total mass that can be carried or delivered

by the specified rocket, missile, SLV, drone

or unmanned aerial vehicle that is not used

to maintain flight. For definition of ‘‘range’’

as it pertains to rocket systems, see note 1 to

paragraph (a) of USML Category IV. For

definition of ‘‘range’’ as it pertains to aircraft

systems, see note to paragraph (a) of USML

Category VIII.

(3) GNSS anti-jam systems specially

designed for use with an antenna

described in Category XI(c)(10);

(4) Mobile relative gravimeters having

automatic motion compensation, with

an in-service accuracy of less (better)

than 0.4 mGal (MT if designed or

modified for airborne or marine use and

having a time to steady-state registration

of two minutes or less);

(5) Mobile gravity gradiometers

having an accuracy of less (better) than

10 Eotvos squared per radian per second

for any component of the gravity

gradient tensor, and having a spatial

gravity wavelength resolution of 50 m or

less (MT if designed or modified for

airborne or marine use);

Note to paragraph (d)(5): ‘‘Eotvos’’ is a unit

of acceleration divided by distance that was

used in conjunction with the older

centimeter-gram-second system of units. The

Eotvos is defined as 1/1,000,000,000 Galileo

(Gal) per centimeter.

(6) Developmental guidance,

navigation, or control systems funded

by the Department of Defense (MT if

designed or modified for rockets,

missiles, SLVs, drones, or unmanned

aerial vehicle systems capable of a range

equal to or greater than 300 km);

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Note 1 to paragraph (d)(6): This paragraph

does not control guidance, navigation, or

control systems: (a) In production, (b)

determined to be subject to the EAR via a

commodity jurisdiction determination (see

§ 120.4 of this subchapter), or (c) identified

in the relevant Department of Defense

contract or other funding authorization as

being developed for both civil and military

applications.

Note 2 to paragraph (d)(6): Note 1 does not

apply to defense articles enumerated on the

U.S. Munitions List, whether in production

or development.

Note 3 to paragraph (d)(6): This provision

is applicable to those contracts or other

funding authorizations that are dated XXXX,

2017, or later.

Note 4 to paragraph (d)(6): For definition

of ‘‘range’’ as it pertains to rocket systems,

see note 1 to paragraph (a) of USML Category

IV. For definition of ‘‘range’’ as it pertains to

aircraft systems, see note to paragraph (a) of

USML Category VIII.

(e) Parts, components, accessories, or

attachments, as follows:

(1) Parts and components specially

designed for articles described in

paragraph (a)(1) or (a)(8) of this section;

(2) Lasers specially designed for

articles in this subchapter;

(3) Laser stacked arrays specially

designed for articles in this category;

(4) Infrared focal plane arrays

(IRFPAs) specially designed for articles

in this subchapter;

(5) Charge multiplication focal plane

arrays exceeding 50 mA/W for any

wavelength exceeding 760 nm and

specially designed for articles described

in this subchapter;

(6) Second generation and greater

image intensifier tubes specially

designed for articles in this subchapter,

and specially designed parts and

components therefore;

Note to paragraph (e)(6): Second and third

generation image intensifier tubes are defined

as having a peak response within the 0.4 to

1.05 micron wavelength range and

incorporating a microchannel plate for

electron image amplification having a hole

pitch (center-to-center spacing) of less than

25 microns and having either: (a) An S–20,

S–25, or multialkali photo cathode; or (b) a

GaAs, GaInAs, or other III–V compound

semiconductor photocathode.

(7) Parts and components specially

designed for articles described in

paragraph (c)(3), (c)(4), or (c)(5)(vi)–(vii);

(8) Inertial measurement units

specially designed for articles in this

subchapter (MT for systems

incorporating accelerometers specified

in (e)(10) or gyroscopes or angular rate

sensors specified in (e)(11) that are

designated MT);

(9) GNSS security devices (e.g.,

Selective Availability Anti-Spoofing

Modules (SAASM), Security Modules

(SM), and Auxiliary Output Chips

(AOC);

(10) Accelerometers having a bias

repeatability of less (better) than 10 mg

and a scale factor repeatability of less

(better) than 10 parts per million, or

capable of measuring greater than

100,000 g (MT);

Note 1 to paragraph (e)(10): For weapon

fuze accelerometers, see Category III(d) or

IV(h).

Note 2 to paragraph (e)(10): MT

designation does not include accelerometers

that are designed to measure vibration or

shock.

(11) Gyroscopes or angular rate

sensors as follows (MT if having a rated

drift stability of less than 0.5 degrees (1

sigma or rms) per hour in a 1 g

environment or specified to function at

acceleration levels greater than 100 g):

(i) Having an angle random walk of

less (better) than 0.001 degrees per

square root hour; or

(ii) Mechanical gyroscopes or rate

sensors having a bias repeatability less

(better) than 0.0015 degrees per hour;

Note to paragraphs (e)(10) and (e)(11):

‘‘Repeatability’’ is the closeness of agreement

among repeated measurements of the same

variable under the same operating conditions

when changes in conditions or non-operating

periods occur between measurements.

‘‘Bias’’ is the accelerometer output when

no acceleration is applied.

‘‘Scale factor’’ is the ratio of change in

output to a change in the input.

The measurement of ‘‘bias’’ and ‘‘scale

factor’’ refers to one sigma standard deviation

with respect to a fixed calibration over a

period of one year.

‘‘Drift Rate’’ is the component of gyro

output that is functionally independent of

input rotation and is expressed as an angular

rate.

‘‘Stability’’ is a measure of the ability of a

specific mechanism or performance

coefficient to remain invariant when

continuously exposed to a fixed operating

condition. (This definition does not refer to

dynamic or servo stability.)

(12) Optical sensors having a spectral

filter specially designed for systems or

equipment controlled in USML Category

XI(a)(4), or optical sensor assemblies

that provide threat warning or tracking

for systems or equipment controlled in

Category XI(a)(4);

(13) Read-out integrated circuits

(ROICs) specially designed for articles

in this subchapter;

(14) Integrated IRFPA dewar cooler

assemblies (IDCAs), with or without an

IRFPA, specially designed for articles in

this subchapter other than Category XV,

and specially designed parts and

components therefore;

(15) Gimbals specially designed for

articles in this category;

(16) IRFPA Joule-Thomson (JT) selfregulating

cryostats specially designed

for articles controlled in this

subchapter;

(17) Infrared lenses, mirrors, beam

splitters or combiners, filters, and

treatments and coatings, specially

designed for articles controlled in this

category;

(18) Drive, control, signal, or image

processing electronics, specially

designed for articles controlled in this

category;

(19) Near-to-eye displays specially

designed for articles controlled in this

category;

(20) Resonators, receivers,

transmitters, modulators, gain media,

drive electronics, and frequency

converters specially designed for laser

systems controlled in this category;

(21) Two-dimensional infrared scene

projector emitter arrays (i.e., resistive

arrays) specially designed for infrared

scene generators controlled in USML

Category IX(a)(10);

* (22) Any part, component,

accessory, attachment, or associated

equipment, that:

(i) Is classified;

(ii) Contains classified software;

(iii) Is manufactured using classified

production data; or

(iv) Is being developed using

classified information.

Note to paragraph (e)(22): ‘‘Classified’’

means classified pursuant to Executive Order

13526, or predecessor order, and a security

classification guide developed pursuant

thereto or equivalent, or to the corresponding

classification rules of another government.

(23) Developmental image

intensification tubes, focal plane arrays,

read-out-integrated circuits,

accelerometers, gyroscopes, angular rate

sensors and inertial measurement units

funded by the Department of Defense

(MT if designed or modified for rockets,

missiles, SLVs, drones, or unmanned

aerial vehicle systems capable of a range

equal to or greater than 300 km);

Note 1 to paragraph (e)(23): This

paragraph does not control items: (a) In

production, (b) determined to be subject to

the EAR via a commodity jurisdiction

determination (see § 120.4 of this

subchapter), or (c) identified in the relevant

Department of Defense contract or other

funding authorization as being developed for

both civil and military applications.

Note 2 to paragraph (e)(23): Note 1 does

not apply to defense articles enumerated on

the U.S. Munitions List, whether in

production or development.

Note 3 to paragraph (e)(23): This provision

is applicable to those contracts or other

funding authorizations that are dated XXXX,

2017, or later.

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(f) Technical data (see § 120.10) and

defense services (see § 120.9) directly

related to the defense articles

enumerated in paragraphs (a) through

(e) of this category and classified

technical data directly related to items

controlled in ECCNs 7A611, 7B611, and

7D611. (See § 125.4 for exemptions.)

(MT for technical data and defense

services related to articles designated as

such.) Technical data directly related to

manufacture or production of any

defense articles enumerated elsewhere

in this category that are designated as

Significant Military Equipment (SME)

shall itself be designated as SME.

(g)–(w) [Reserved]

(x) Commodities, software, and

technology subject to the EAR (see

§ 120.42 of this subchapter) used in or

with defense articles controlled in this

category.

Note to paragraph (x): Use of this

paragraph is limited to license applications

for defense articles controlled in this category

where the purchase documentation includes

commodities, software, or technology subject

to the EAR (see § 123.1(b) of this subchapter).

Note to Category XII: For purposes of

determining whether an item (i.e., system,

end item, part, component, accessory,

attachment, or software) is specially designed

for a military end user, a ‘‘military end user’’

means the national armed services (army,

navy, marine, air force, or coast guard),

national guard, national police, government

intelligence or reconnaissance organizations,

or any person or entity whose actions or

functions are intended to support military

end uses. A system or end item is not

specially designed for a military end user if

the item was developed with knowledge that

it is or would be for use by both military end

users and non-military end users, or if the

item was or is being developed with no

knowledge for use by a particular end user.

In such instances, documents

contemporaneous with the development

must establish such knowledge.

* * * * *

Rose E. Gottemoeller,

Under Secretary, Arms Control and

International Security, Department of State.

[FR Doc. 2016–03197 Filed 2–18–16; 8:45 am]

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