[Federal Register: June 6, 2003 (Volume 68, Number 109)]
[Rules and Regulations]
[Page 34191-34196]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jn03-18]
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Part IV
Department of Commerce
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Bureau of Industry and Security
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15 CFR Parts 744 and 772
Department of the Treasury
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Office of Foreign Assets Control
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31 CFR Part 594
Imposition and Expansion of Controls on Designated Terrorists; Global
Terrorism Sanctions Regulation; Final Rules
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 744 and 772
[Docket No. 020912210-2210-01]
RIN 0694-AC60
Imposition and Expansion of Controls on Designated Terrorists
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Interim final rule with request for comments.
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SUMMARY: This rule amends the Export Administration Regulations (EAR)
by imposing a license requirement on the export and reexport of any
item subject to the EAR by a U.S. person or non-U.S. person to persons
designated in or pursuant to Executive Order 13224 of September 23,
2001. In response to grave acts of terrorism and threats of terrorism,
Executive Order 13224 blocks the property and interests in property of
persons listed in an Annex to the order and persons designated by the
Secretary of State or the Secretary of the Treasury pursuant to
criteria set forth in the order. Executive Order 13224 also prohibits
U.S. persons from engaging in any transactions with such blocked
persons. The Department of the Treasury's Office of Foreign Assets
Control (OFAC) announces the names of persons designated pursuant to
Executive Order 13224 in the Federal Register and includes such persons
in a listing of persons subject to various sanctions programs
administered by OFAC. The Department of State also announces the names
of foreign persons designated pursuant to Executive Order 13224 in the
Federal Register. All persons designated in or pursuant to Executive
Order 13224 are identified by the bracketed initials [SDGT] in the
Department of Treasury listing and are also known as Specially
Designated Global Terrorists (SDGTs). This rule also amends the EAR by
expanding reexport controls on Specially Designated Terrorists (SDTs)
and Foreign Terrorist Organizations (FTOs). OFAC also includes SDTs and
FTOs in the Department of Treasury listing and identifies them by the
bracketed initials [SDT] and [FTO], respectively.
DATES: This rule is effective June 6, 2003.
Comment Dates: Comments on this rule must be received on or before
July 21, 2003.
ADDRESSES: Written comments on this rule should be sent to Sheila
Quarterman, Regulatory Policy Division, Bureau of Industry and
Security, Department of Commerce, P.O. Box 273, Washington, DC 20044,
or to E-mail address squarter@bis.doc.gov.
FOR FURTHER INFORMATION CONTACT: Joan Roberts, Director, Foreign Policy
Controls Division, Office of Strategic Trade and Foreign Policy
Controls, Bureau of Industry and Security, Department of Commerce.
Telephone: (202) 482-0171, E-mail jroberts@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
Imposition of Controls on Specially Designated Global Terrorists
(SDGTs)
President Bush issued Executive Order 13224 (E.O. 13224) (Blocking
Property and Prohibiting Transactions with Persons Who Commit, Threaten
to Commit, or Support Terrorism) on September 23, 2001, in response to
grave acts of terrorism and threats of terrorism. On September 28,
2001, the United Nations Security Council (UNSC) adopted Resolution
1373, requiring all member states, among other things, to refrain from
providing any form of support to persons involved in terrorist acts and
to prohibit their nationals from making economic resources available to
persons who commit, attempt to commit, facilitate or participate in the
commission of terrorist acts. In addition, on January 28, 2002, the
UNSC adopted Resolution 1390, which requires all member states to
freeze funds and other financial assets or economic resources of Usama
bin Laden, members of the Al-Qaida organization and the Taliban and
other individuals, groups, undertakings and entities associated with
them, as referred to in the list created pursuant to UNSC Resolutions
1267 (October 15, 1999) and 1333 (December 19, 2000). UNSC Resolution
1455 (January 17, 2003) continued and improved the measures provided in
UNSC Resolution 1390. The Bureau of Industry and Security (BIS) is
taking action consistent with E.O. 13224 and UNSC Resolutions 1267,
1390, 1452 (December 20, 2002), and 1455, as well as 1373, by imposing
a license requirement on all exports and reexports to persons
designated in or pursuant to E.O. 13224. Persons designated pursuant to
criteria set forth in E.O. 13224 by the Secretary of State or the
Secretary of the Treasury are announced in the Federal Register and
listed in Appendix A to 31 CFR chapter V, which lists persons subject
to various sanctions programs administered by OFAC (``Blocked Persons
list''). Persons designated in or pursuant to E.O. 13224 are identified
in Appendix A by the bracketed initials [SDGT] and are also known as
Specially Designated Global Terrorists (SDGTs). Provisions that
implement BIS controls on SDGTs are included in new section 744.12 of
the EAR.
Expansion of Reexport Controls on SDTs and FTOs
Specially Designated Terrorists (SDTs) are designated in or
pursuant to Executive Order 12947 issued on January 23, 1995
(Prohibiting Transactions with Terrorists Who Threaten to Disrupt the
Middle East Peace Process), as amended by Executive Order 13099 of
August 20, 1998. Foreign Terrorist Organizations (FTOs) are designated
pursuant to the 1996 Anti-Terrorism and Effective Death Penalty Act
(Pub. L. 104-132). SDTs and FTOs are included on the Blocked Persons
list maintained by OFAC in Appendix A to 31 CFR chapter V and
identified by the bracketed initials [SDT] and [FTO], respectively.
On January 8, 1999, BIS issued a rule imposing foreign policy
controls on exports and certain reexports of items subject to the EAR
to individuals and groups designated as SDTs and groups designated as
FTOs. The January 1999 rule imposed a license requirement on the
following exports and reexports to a designated SDT or FTO:
(1) The export from the United States of any item subject to the
EAR;
(2) The export or reexport by a U.S. person, wherever located, of
any item subject to the EAR; and
(3) The export from abroad or reexport by a non-U.S. person of any
item subject to the EAR on the Commerce Control List.
The January 1999 rule did not impose a license requirement on the
export from abroad or reexport by a non-U.S. person of EAR99 items. The
action BIS is now taking, effective June 6, 2003, expands current
controls by requiring a license for the export from abroad or reexport
to a designated SDT or FTO by a non-U.S. person of any item subject to
the EAR, whether such item is on the Commerce Control List or is
classified as EAR99. Provisions that expand BIS controls on SDTs and
FTOs are found in revised sections 744.13 and 744.14 of the EAR,
respectively.
Note that certain persons designated in or pursuant to E.O. 13224
also have been designated as SDTs or FTOs or both, and are
appropriately identified by more than one of the bracketed acronyms in
Appendix A to 31 CFR chapter V. As such, section 744.1 is also revised
to add a new subsection (a)(2), which provides that when controls set
forth under more than one section of
[[Page 34193]]
part 744 apply to a person, the license requirements for such a person
will be determined based on the requirements of all applicable
sections, and license applications will be reviewed under all
applicable licensing policies. For example, if an entity on the Entity
List in Supplement No. 4 to part 744 is also designated in or pursuant
to E.O. 13224, the provisions set forth in Supplement No. 4 to part 744
as well as the provisions set forth in section 744.12 will apply, and
the denial policy for the export or reexport of all items subject to
the EAR will be the operative policy. Also note that paragraph 744.1(a)
is updated to reflect the controls in sections 744.9-744.16.
Allocation of Agency Licensing Responsibility To Avoid Dual Licensing
Requirements
Exports by U.S. Persons
OFAC requires a license for all exports from the United States and
all exports and reexports by a U.S. person to any SDT or SDGT. To avoid
duplication, if OFAC authorizes a transaction involving an export from
the United States or an export or reexport by a U.S. person of an item
subject to the EAR to a designated SDT or SDGT, no separate
authorization from BIS is necessary, even if the SDT or SDGT is also an
FTO. However, authorization from BIS is required for an export from the
United States or an export from abroad or reexport of an item subject
to the EAR by a U.S. person to an FTO that is not also an SDT or SDGT.
Exports From Abroad and Reexports by Non-U.S. Persons
Authorization from BIS is required for exports from abroad and
reexports by non-U.S. persons of items subject to the EAR to SDGTs,
SDTs, or FTOs.
Licensing Policy
License applications for exports or reexports to SDGTs, SDTs, or
FTOs are subject to a policy of denial.
OFAC announces in the Federal Register and incorporates into the
Blocked Persons list on an on-going basis the frequent changes or
additions to the three lists of persons subject to sanctions who are
identified by the bracketed initials [SDGT], [SDT] or [FTO] in Appendix
A to 31 CFR chapter V. To obtain additional information regarding the
Blocked Persons list maintained by OFAC, contact OFAC at telephone
number 202/622-2520. Additional information also may be found at OFAC's
Web site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=www.treas.gov/ofac.
A foreign policy report on the new and expanded controls imposed by
this rule on designated terrorist entities and individuals was
submitted to the Congress on March 18, 2003.
Rulemaking Requirements
1. This interim rule has been determined not to be significant for
purposes of E.O. 12866.
2. Notwithstanding any other provision of law, no person is
required to, nor shall any person be subject to a penalty for failure
to comply with a collection of information, subject to the Paperwork
Reduction Act (PRA), unless that collection of information displays a
currently valid Office of Management and Budget (OMB) Control Number.
This rule involves a collection of information approved by the OMB
under control number 0694-0088, ``Multi-Purpose Application,'' which
carries a burden hour estimate of 40 minutes per electronic submission
and 45 minutes for a manual submission. Send comments regarding this
burden estimate or any other aspect of these collections of
information, including suggestions for reducing the burden, to OMB Desk
Officer, New Executive Office Building, Washington, DC 20503; and to
the Regulatory Policy Division, Bureau of Industry and Security,
Department of Commerce, P.O. Box 273, Washington, DC 20044.
3. This rule does not contain policies with federalism implications
as this term is defined under Executive Order 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (see 5 U.S.C. 553(a)(1)). Further, no
other law requires that a notice of proposed rulemaking and an
opportunity for public comment be given for this interim rule. Because
a notice of proposed rulemaking and an opportunity for public comment
are not required to be given for this rule under title 5 U.S.C. 553 or
by any other law, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable.
However, because of the importance of the issues raised by these
regulations, this rule is being issued in interim form and BIS will
consider comments in the development of the final regulations.
Accordingly, the Department of Commerce (the Department) encourages
interested persons who wish to comment to do so at the earliest
possible time to permit the fullest consideration of their views.
The period for submission of comments will close July 21, 2003. The
Department will consider all comments received before the close of the
comment period in developing final regulations. Comments received after
the end of the comment period will be considered if possible, but their
consideration cannot be assured. The Department will not accept public
comments accompanied by a request that a part or all of the material be
treated confidentially because of its business proprietary nature or
for any other reason. The Department will return such comments and
materials to the persons submitting the comments and will not consider
them in the development of final regulations. All public comments on
these regulations will be a matter of public record and will be
available for public inspection and copying. In the interest of
accuracy and completeness, the Department requires comments in written
form.
Oral comments must be followed by written memoranda, which will
also be a matter of public record and will be available for public
review and copying. Communications from agencies of the United States
Government or foreign governments will not be available for public
inspection.
The Office of Administration, Bureau of Industry and Security, U.S.
Department of Commerce, displays these public comments on BIS's Freedom
of Information Act (FOIA) Web site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.bis.doc.gov/foia. This
office does not maintain a separate public inspection facility. If you
have technical difficulties accessing this Web site, please call BIS's
Office of Administration, at (202) 482-0637, for assistance.
List of Subjects
15 CFR Part 744
Exports, Foreign trade, Reporting and recordkeeping requirements.
15 CFR Part 772
Exports, Foreign trade.
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Accordingly, parts 744 and 772 of the Export Administrations
Regulations (15 CFR parts 730-799) are amended as follows:
PART 744--[AMENDED]
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1. The authority citation for part 744 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; Sec. 901-911, Pub. L. 106-
387; Sec. 221, Pub. L. 107-56; E.O. 12058, 43 FR 20947, 3 CFR, 1978
Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608;
E.O. 12938, 59 FR 59099, 3 CFR, 1994
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Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63
FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p.
786; notice of November 9, 2001, 66 FR 56965, 3 CFR, 2001 Comp., p.
917; notice of August 14, 2002, 67 FR 53721, August 16, 2002.
0
2. Section 744.1 is amended by revising paragraph (a) to read as
follows:
Sec. 744.1 General Provisions.
(a)(1) Introduction. In this part, references to the EAR are
references to 15 CFR chapter VII, subchapter C. This part contains
prohibitions against exports, reexports, and selected transfers to
certain end-users and end-uses as introduced under General Prohibition
Five (End-use/End-users) and Nine (Orders, Terms, and Conditions),
unless authorized by BIS. Sections 744.2, 744.3, 744.4 and 744.5
prohibit exports and reexports of items subject to the EAR to defined
nuclear, missile, chemical and biological activities and nuclear
maritime end-uses. Section 744.6 prohibits certain activities by U.S.
persons in support of certain nuclear, missile, chemical, or biological
end-uses regardless of whether that support involves the export or
reexport of items subject to the EAR. Sections 744.7 and 744.8 prohibit
exports and reexports of certain items for certain aircraft and
vessels. Section 744.9 prohibits U.S. persons from providing technical
assistance to certain foreign persons seeking to develop or manufacture
certain encryption commodities or software. Section 744.10 prohibits
exports and reexports of any item subject to the EAR to Russian
entities, included in Supplement No. 4 of this part. Sections 744.12,
744.13 and 744.14 prohibit exports and reexports of any item subject to
the EAR to persons designated as Specially Designated Global
Terrorists, Specially Designated Terrorists, or Foreign Terrorist
Organizations, respectively. Section 744.15 describes restrictions on
exports and reexports to persons named in general orders. Section
744.16 prohibits exports and reexports by U.S. persons of items subject
to the EAR to persons designated pursuant to Executive Order 13088, as
amended by Executive Order 13192, including Slobodan Milosevic, his
close associates, and persons determined to be under open indictment by
the International Criminal Tribunal for the former Yugoslavia. In
addition, these sections include license review standards for export
license applications submitted as required by these sections. It should
also be noted that part 764 of the EAR prohibits exports, reexports and
certain in-country transfers of items subject to the EAR to denied
parties.
(2) If controls set forth under more than one section of part 744
apply to a person, the license requirements for such a person will be
determined based on the requirements of all applicable sections of part
744, and license applications will be reviewed under all applicable
licensing policies.
* * * * *
0
3. Section 744.12 is added to read as follows:
Sec. 744.12 Restrictions on exports and reexports to persons
designated in or pursuant to Executive Order 13224 (Specially
Designated Global Terrorist) (SDGT).
BIS maintains restrictions on exports and reexports to persons
designated in or pursuant to Executive Order 13224 of September 23,
2001 (Blocking Property and Prohibiting Transactions with Persons Who
Commit, Threaten to Commit, or Support Terrorism). These persons
include individuals and entities listed in the Annex to Executive Order
13224, as well as persons subsequently designated by the Secretary of
State or Secretary of the Treasury pursuant to criteria set forth in
the Order. Pursuant to Executive Order 13224, the Department of the
Treasury's Office of Foreign Assets Control (OFAC) maintains 31 CFR
part 594, the Global Terrorism Sanctions Regulations. OFAC announces
the names of persons designated pursuant to Executive Order 13224 in
the Federal Register and includes such persons in Appendix A to 31 CFR
Chapter V, which lists persons subject to various sanctions programs
administered by OFAC. The Department of State also announces the names
of foreign persons designated pursuant to Executive Order 13224 in the
Federal Register. All persons designated in or pursuant to Executive
Order 13224 are identified in Appendix A to 31 CFR Chapter V by the
bracketed initials [SDGT] and are also known as Specially Designated
Global Terrorists (SDGTs).
(a) License requirement(s). (1) A license requirement applies to
the export or reexport to an SDGT of any item subject to the EAR.
(2) To avoid duplication, U.S. persons are not required to seek
separate authorization for an export or reexport to an SDGT of an item
subject to both the EAR and OFAC's regulatory authority pursuant to
Executive Order 13224. Therefore, if OFAC authorizes an export from the
United States or an export or reexport by a U.S. person to an SDGT, no
separate authorization from BIS is necessary.
(3) U.S. persons must seek authorization from BIS for the export or
reexport to an SDGT of any item subject to the EAR that is not subject
to OFAC's Global Terrorism Sanctions Regulations in 31 CFR part 594.
(4) Non-U.S. persons must seek authorization from BIS for any
export from abroad or reexport to an SDGT of any item subject to the
EAR.
(5) Any export or reexport to an SDGT of any item subject to both
the EAR and OFAC's regulatory authority pursuant to Executive Order
13224 and not authorized by OFAC is a violation of the EAR.
(6) Any export or reexport by a U.S. person to an SDGT of any item
subject to the EAR that is not subject to regulation by OFAC and not
authorized by BIS is a violation of the EAR. Any export from abroad or
reexport by a non-U.S. person to an SDGT of any item subject to the EAR
and not authorized by BIS is a violation of the EAR.
(7) These licensing requirements supplement any other requirements
set forth elsewhere in the EAR.
(b) Exceptions. No License Exceptions or other BIS authorization
are available for any export or reexport to an SDGT of any item subject
to the EAR.
(c) Licensing policy. Applications for licenses for the export or
reexport to an SDGT of any item subject to the EAR generally will be
denied. You should consult with OFAC concerning transactions subject to
OFAC licensing requirements.
(d) Contract sanctity. Contract sanctity provisions are not
available for license applications reviewed under this section.
Note to Sec. 744.12: This section does not implement, construe,
or limit the scope of any criminal statute, including (but not
limited to) 18 U.S.C. 2339B(a)(1) and 2339A, and does not excuse any
person from complying with any criminal statute, including (but not
limited to) 18 U.S.C. 2339B(a)(1) and 18 U.S.C. 2339A.
0
4. Section 744.13 is revised to read as follows:
Sec. 744.13 Restrictions on exports and reexports to persons
designated pursuant to Executive Order 12947 (Specially Designated
Terrorist) (SDT).
Consistent with the purpose of Executive Order 12947 of January 23,
1995, BIS maintains restrictions on exports and reexports to Specially
Designated Terrorists (SDTs). Executive Order 12947 prohibits
transactions by U.S. persons with terrorists who threaten to disrupt
the Middle East peace process. Pursuant to the Executive Order, the
Department of the Treasury, Office of Foreign Assets Control
[[Page 34195]]
(OFAC), maintains 31 CFR part 595, the Terrorism Sanctions Regulations.
In Appendix A to 31 CFR Chapter V, pursuant to 31 CFR part 595, these
Specially Designated Terrorists are identified by the bracketed suffix
initials [SDT]. The requirements set forth below further the objectives
of Executive Order 12947.
(a) License requirement(s). (1) A license requirement applies to
the export or reexport to an SDT of any item subject to the EAR.
(2) To avoid duplication, U.S. persons are not required to seek
separate authorization for an export or reexport to an SDT of an item
subject both to the EAR and to OFAC's Terrorism Sanctions Regulations
in 31 CFR part 595. Therefore, if OFAC authorizes an export or reexport
of an item by a U.S. person to a SDT, no separate authorization from
BIS is necessary.
(3) U.S. persons must seek authorization from BIS for the export or
reexport to an SDT of an item subject to the EAR but not subject to
OFAC's Terrorism Sanctions Regulations in 31 CFR part 595.
(4) Non-U.S. persons must seek authorization from BIS for the
export from abroad or reexport to an SDT of any item subject to the
EAR.
(5) Any export or reexport to an SDT by a U.S. person of any item
subject both to the EAR and OFAC's Terrorism Sanctions Regulations in
31 CFR part 595 and not authorized by OFAC is a violation of the EAR.
(6) Any export or reexport by a U.S. person to an SDT of any item
subject to the EAR that is not subject to OFAC's Terrorism Sanctions
Regulations in 31 CFR part 595 and not authorized by BIS is a violation
of the EAR. Any export from abroad or reexport by a non-U.S. person to
an SDT of any item subject to the EAR and not authorized by BIS is a
violation of the EAR.
(7) These licensing requirements supplement any other requirements
set forth elsewhere in the EAR.
(b) Exceptions. No License Exceptions or other BIS authorization
are available for export or reexport to an SDT of any item subject to
the EAR.
(c) Licensing policy. Applications for licenses for the export or
reexport to an SDT of any item subject to the EAR generally will be
denied. You should consult with OFAC concerning transactions subject to
OFAC licensing requirements.
(d) Contract sanctity. Contract sanctity provisions are not
available for license applications reviewed under this section.
Note to Sec. 744.13: This section does not implement, construe,
or limit the scope of any criminal statute, including (but not
limited to) 18 U.S.C. 2339B(a)(1) and 2339A, and does not excuse any
person from complying with any criminal statute, including (but not
limited to) 18 U.S.C. 2339B(a)(1) and 18 U.S.C. 2339A.
0
5. Section 744.14 is revised to read as follows:
Sec. 744.14 Restrictions on exports and reexports to designated
Foreign Terrorist Organizations (FTOs).
Consistent with the objectives of section 219 of the Immigration
and Nationality Act, as amended (INA) (8 U.S.C. 1189), and section 303
of the Antiterrorism and Effective Death Penalty Act 1996, as amended
(Anti-Terrorism Act) (18 U.S.C. 2339B) (Public Law 104-132. 110 Stat.
1214-1319), BIS maintains restrictions on exports and reexports to
organizations designated as Foreign Terrorist Organizations (FTOs)
pursuant to section 219 of the INA. The Department of the Treasury,
Office of Foreign Assets Control, maintains 31 CFR part 597, the
Foreign Terrorist Organizations Sanctions Regulations, requiring U.S.
financial institutions to block all financial transactions involving
assets of designated FTOs within the possession or control of such U.S.
financial institutions. Section 303 of the Anti-Terrorism Act prohibits
persons within the United States or subject to U.S. jurisdiction from
knowingly providing material support or resources to a designated FTO
and makes violations punishable by criminal penalties under title 18,
United States Code. These designated FTOs are listed in Appendix A to
31 CFR Chapter V and identified by the bracketed initials [FTO]. A
designation of a foreign organization determined to meet the criteria
of section 219 of the INA takes effect upon publication in the Federal
Register by the Secretary of State, or the Secretary's designee.
(a) License requirement(s). (1) A license requirement applies to
the export or reexport to an FTO of any item subject to the EAR.
(2) U.S. persons must seek authorization from BIS for the export or
reexport to an FTO of any item subject to the EAR.
(3) Non-U.S. persons must seek authorization from BIS for the
export from abroad or reexport to an FTO of any item subject to the
EAR.
(4) Any export or reexport to an FTO by any person of any item
subject to the EAR and not authorized by BIS is a violation of the EAR.
(5) These licensing requirements supplement any other requirements
set forth elsewhere in the EAR.
(b) Exceptions. No License Exceptions or other BIS authorization
for items described by paragraph (a) of this section are available for
exports or reexports to FTOs.
(c) Licensing policy. Applications for exports and reexports to
FTOs of all items identified by paragraph (a) of this section will
generally be denied, to the extent they constitute material support or
resources, as defined in 18 U.S.C. 2339A(b).
(d) Contract sanctity. Contract sanctity provisions are not
available for license applications reviewed under this section.
(e) FTOs also designated as SDTs or SDGTs. In cases in which an FTO
is also an SDT, as described in Sec. 744.13, or an SDGT, as described
in Sec. 744.12, the license requirements and licensing policy set
forth in Sec. 744.13 or Sec. 744.12 will apply.
Note to Sec. 744.14: This section does not implement, construe,
or limit the scope of any criminal statute, including (but not
limited to) 18 U.S.C. 2339B(a)(1) and 2339A, and does not excuse any
person from complying with any criminal statute, including (but not
limited to) 18 U.S.C. 2339B(a)(1) and 18 U.S.C. 2339A.
PART 772--[AMENDED]
0
6. The authority citation for part 772 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; notice of August
14, 2002, 67 FR 53721, August 16, 2002.
0
7. Section 772.1 is amended by revising the definition of ``U.S.
Person'' to read as follows:
Sec. 772.1 Definitions of terms as used in the Export Administration
Regulations.
* * * * *
U.S. Person. (a) For purposes of Sec. Sec. 744.6, 744.10, 744.11,
744.12, 744.13 and 744.14 of the EAR, the term U.S. person includes:
(1) Any individual who is a citizen of the United States, a
permanent resident alien of the United States, or a protected
individual as defined by 8 U.S.C. 1324b(a)(3);
(2) Any juridical person organized under the laws of the United
States or any jurisdiction within the United States, including foreign
branches; and
(3) Any person in the United States.
(b) See also Sec. 740.9 and parts 746 and 760 of the EAR for
definitions of ``U.S. person'' that are specific to those parts.
* * * * *
[[Page 34196]]
Dated: May 28, 2003.
James J. Jochum,
Assistant Secretary for Export Administration.
[FR Doc. 03-14253 Filed 6-3-03; 8:50 am]
BILLING CODE 3510-33-P