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12/03/08
73 FR 73547
Clarification of Export Control Jurisdiction for Civil Aircraft Equipment Under the Export Administration Regulations.
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This final rule amends the Export Administration Regulations (EAR) to clarify how Section 17(c) of the Export Administration Act of 1979 (EAA) is implemented in the EAR in accordance with the Department of Commerce’s authority under the EAA. On August 14, 2008, the Department of State published a final rule amending Part 121 of the International Traffic in Arms Regulations (ITAR) to clarify how Section 17(c) of the EAA is implemented in relation to the ITAR (73 FR 47523). This final rule provides guidance to assist the regulated public in determining what civil aircraft equipment (including parts, accessories, attachments, and components) is subject to the EAR based upon the statutory criteria of the EAA.
11/20/08
73 FR 70322
Request for Public Comments on the Prospect of Removing 7A Commodities from De Minimis Eligibility.
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The Bureau of Industry and Security (BIS) is seeking public comment on the prospect of removing from de minimis eligibility commodities controlled for missile technology (MT) reasons under Category 7 - Product Group A on the Commerce Control List except when the 7A commodities are incorporated as standard equipment in Federal Aviation Administration (FAA) (or national equivalent) certified civilian transport aircraft. If such a policy were implemented, foreign made items that incorporate U.S.-origin 7A commodities would be subject to the Export Administration Regulations, except when the 7A commodities are incorporated as standard equipment in FAA (or national equivalent) certified civilian transport aircraft. Specifically, BIS is seeking public input on the impact such a change would have on U.S. manufacturers of category 7A commodities, as well as the impact such a change would have on foreign manufacturers that incorporate U.S.-origin 7A commodities into their foreign-made products. Comments are due January 20, 2009.
11/18/08
73 FR 68321
Conforming Changes to Certain End-User/End-Use Based Controls in the EAR; Clarification of the Term “Transfer” and Related Terms as Used in the EAR
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This final rule amends the Export Administration Regulations (EAR) by making conforming changes in certain end-user/end-use controls in the EAR to ensure that the terminology used to describe each type of end-user/end-use control is consistent, to the fullest extent possible, with the terminology in other such controls in the EAR. The amendments in this rule clarify that a party cannot proceed with an export, reexport, or transfer (in-country) that is in transit at the time the party is informed by BIS that a license is required (in accordance with certain end-user/end-use controls in the EAR), unless that party first obtains a license from BIS authorizing the completion of the transaction. This rule also amends the EAR by revising the definition of the term “transfer” and certain related terms, to provide greater clarity regarding these provisions.
10/14/08
73 FR 60910
Wassenaar Arrangement Plenary Agreements Implementation: December 2007 Categories 1, 2, 3, 5 Parts I and II, 6, 7, and 9 of the Commerce Control List, Definitions; December 2006 Solar Cells
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The Bureau of Industry and Security (BIS) maintains the Commerce Control List (CCL), which identifies items subject to Department of Commerce export controls. This final rule revises the Export Administration Regulations (EAR) to implement changes made to the Wassenaar Arrangement's List of Dual Use Goods and Technologies (Wassenaar List) maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies (Wassenaar Arrangement, or WA). The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability. To harmonize with the changes to the Wassenaar List, this rule revises the EAR by amending certain entries that are controlled for national security reasons in Categories 1, 2, 3, 5 Part I (telecommunications), 5 Part II (information security), 6, 7, and 9; adding new entries to the Commerce Control List (CCL), and amending EAR Definitions, as well as adding definitions. This rule also implements the Wassenaar List provisions regarding solar cells agreed upon in the December 2006 plenary meeting.
10/06/08
73 FR 58033
Revisions to the Export Administration Regulations based upon a Systematic Review of the CCL
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This final rule amends the Export Administration Regulations (EAR) to make revisions to the EAR as a result of a systematic review of the Commerce Control List (CCL) that was conducted by the Bureau of Industry and Security (BIS). This rule is the second phase of the regulatory implementation of the results of a review of the CCL that was conducted by BIS starting in 2007. The BIS CCL review benefited from input received from BIS’s Technical Advisory Committees (TACs) and comments that were received from the interested public in response to the publication of a BIS notice of inquiry on July 17, 2007 (72 FR 39052). The revisions in this rule include clarifications to existing controls, eliminating redundant or outdated controls, establishing more focused and rationalized controls, and adding additional controls for clarity or for consistency with international regimes.
10/03/08
73 FR 57554
Export Administration Regulations: Establishment of License Exception Intra-Company Transfer (ICT)
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This proposed rule would amend the Export Administration Regulations (EAR) to establish a new license exception entitled “Intra-Company Transfer (ICT).” This license exception would allow an approved parent company and its approved wholly-owned or controlled in fact entities to export, reexport, or transfer (in-country) many items on the Commerce Control List (CCL) among themselves for internal company use. Prior authorization from the Bureau of Industry and Security (BIS) would be required to use this license exception. This rule describes the criteria pursuant to which entities would be eligible to use License Exception ICT and the procedure by which they must apply for such authorization. This proposed rule is one of the initiatives in the export control directive announced by the President on January 22, 2008.
10/03/08
73 FR 57495
Encryption Simplification
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This interim final rule amends the Export Administration Regulations (EAR) to make the treatment of encryption items more consistent with the treatment of other items subject to the EAR, as well as to simplify and clarify regulations pertaining to encryption items. The Departments of Commerce, State and Defense will continue to review export control, license review policies, and license exceptions for encryption items in the EAR. Comments on this rule may be sent to publiccomments@bis.doc.gov, subject line “Encryption 0694-AE18”.
10/01/08
73 FR 56964
De Minimis U.S. Content in Foreign Made Items
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The Department of Commerce is revising the provisions of the Export Administration Regulations (EAR) that pertain to foreign-made items that incorporate controlled U.S.-origin items, i.e., the EAR’s de minimis rules. This rule amends the EAR to change the de minimis calculation for foreign produced hardware that is bundled with U.S.-origin software. This rule also clarifies the definition of ‘incorporate’ as it is applied to the de minimis rules and to the medical statement of understanding. This rule also removes the requirement to submit a one-time report to the Bureau of Industry and Security for foreign-made software that incorporates U.S.-origin software. In addition, this rule revises the “Steps for Using the EAR” and General Prohibition Two with regard to the de minimis rules in order to reduce redundancies in the EAR and harmonize the provisions with other revisions made by this rule. Comments may be sent to RPD2@bis.doc.gov up until COB December 1, 2008 (subject line “0694-AC17”).
09/22/08
73 FR 54499
Addition of Certain Persons to the Entity List; Removal of General Order from the Export Administration Regulations (EAR)
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This rule amends the Export Administration Regulations (EAR) by adding 108 additional persons to the Entity List (Supplement No. 4 to Part 744) on the basis of Section 744.11 of the EAR. These additional persons being added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. The Entity List provides notice to the public that certain exports and reexports to parties identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of License Exceptions in such transactions is limited.
09/02/08
73 FR 51718
Clarification of the Classification of Crew Protection Kits on the Commerce Control List
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The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to clarify that crew protection kits used as protective cabs on construction equipment are on the Wassenaar Arrangement Munitions List and are correctly classified on the Commerce Control List in the entry that applies to construction equipment built to military specifications.
09/02/08
73 FR 51217
Addition of Kosovo in the Export Administration Regulations
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This final rule adds Kosovo to the EAR for export licensing purposes to reflect the United States February 18, 2008 recognition of Kosovo’s sovereignty. The amendments to this rule include adding Kosovo to Supplement No. 1 to Part 738 (the Commerce Country Chart), to Part 740.7(d)(1) (Computer Tier 3 Destinations), and to Supplement No. 1 to Part 740 (Country Group B).
08/22/08
73 FR 49645
Reopening of Request for Public Comments on Deemed Export Advisory Committee Recommendations: Narrowing the Scope of Technologies on the Commerce Control List Subject to Deemed Export Licensing Requirements and Implementing a More Comprehensive Set of Criteria for Assessing Probable Country Affiliation for Foreign Nationals
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This notice reopens the comment period on the notice of inquiry (73 FR 28795) that sought comments regarding two specific recommendations made by the Deemed Export Advisory Committee (DEAC) with respect to the Bureau of Industry and Security's (BIS's) deemed export licensing policy. The new comment period deadline is September 22, 2008.
08/21/08
73 FR 49331
Authorization to Impose License Requirements for Exports or Reexports to Entities Acting Contrary to the National Security or Foreign Policy Interests of the United States
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The Entity List (Supplement No. 4 to Part 744 of the Export Administration Regulations (EAR)) provides notice to the public that certain exports and reexplores to parties identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of License Exceptions in such transactions is limited. This rule expands the scope of reasons for adding parties to the Entity List. This rule also amends the EAR to state explicitly that a party listed on the Entity List has a right to request that its listing be removed or modified and sets procedures for addressing such requests.
08/21/08
73 FR 49323
Mandatory Electronic Filing of Export and Reexport License Applications, Classification Requests, Encryption Review Requests, and License Exception AGR notifications
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This rule requires that export and reexport license applications, classification requests, encryption review requests, License Exception AGR notifications and related documents be submitted to the Bureau of Industry and Security (BIS) via its Simplified Network Application Process (SNAP-R) system. This requirement does not apply to applications for Special Comprehensive Licenses or in certain situations in which BIS authorizes paper submissions.
07/08/08
73 FR 38908
Implementation of the Understandings Reached at the April 2008 Australia Group (AG) Plenary Meeting; Additions to the List of States Parties to the Chemical Weapons Convention (CWC)
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This rule amends the Export Administration Regulations (EAR) to implement the understandings reached at the April 2008 AG plenary meeting by revising the listing for avian influenza viruses in Export Control Classification Number (ECCN) 1C352.a.2 to replace the description of highly pathogenic avian influenza (HPAI) with language that is based on the definition currently used by the World Organization for Animal Health (OIE). In addition, this rule amends the Chemical Weapons Convention (CWC) reporting requirements in Sections 745.1(a)(2) and (b)(3) and 745.2(a)(2) of the EAR by updating the fax number and address for submitting the advance notifications and annual reports required for exports of CWC Schedule 1 chemicals and the End-Use Certificates required for certain exports of CWC Schedule 3 chemicals. Finally, this rule amends the list of CWC States Parties in Supplement No. 2 to part 745 of the EAR by adding the “Republic of the Congo” and “Guinea-Bissau,” which recently became State Parties.
06/16/08
73 FR 33882
Revisions to the Export Administration Regulations based on the 2007 Missile Technology Control Regime Plenary Agreements
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This final rule amends the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the November 2007 Plenary in Athens, Greece. The amendments in this rule include revising the technical notes to the definition of the term "payload" in section 772.1 to include munitions supporting structures and deployment mechanisms under paragraphs (e)(5) and (e)(7). The amendments in this rule to the Commerce Control List (CCL)(Supplement No. 1 to Part 774) include revisions to Export Control Classification Numbers (ECCNs) 1C111, 1C116, 2B116 and 9B106.
06/13/08
73 FR 33671
Expansion of the Gift Parcel License Exception Regarding Cuba to Authorize Mobile Phones and Related Software and Equipment
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This final rule revises a license exception in the Export Administration Regulations (EAR) to allow the export of mobile phones as gifts sent by individuals to eligible recipients in Cuba. The Bureau of Industry and Security (BIS) is taking this action to provide support for individuals to support democracy-building efforts for Cuba by enabling the free exchange of information among Cuban citizens and with persons in other countries.
05/19/08
73 FR 28795
Notice of Inquiry
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The Bureau of Industry and Security (BIS) is publishing a notice of inquiry in order to elicit comments regarding two specific recommendations made by the Deemed Export Advisory Committee (DEAC) with respect to BIS's deemed export licensing policy. BIS is requesting comments on whether the scope of technologies on the Commerce Control List that are subject to deemed export licensing requirements should be narrowed, and if so, which technologies should be subject to deemed export licensing requirements. Additionally, BIS is seeking comments on whether a more comprehensive set of criteria should be used to assess country affiliation for foreign nationals with respect to deemed exports.
04/18/08
73 FR 26000
Technical Corrections to the Export Administration Regulations based upon a Systematic Review of the CCL; Correction.
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The Bureau of Industry and Security published a final rule in the Federal Register on April 18, 2008 (73 FR 21035), that amended the Export Administration Regulations (EAR) to make various technical corrections and clarifications to the EAR as a result of a systematic review of the CCL. The amendments in that final rule included a revision to the "Unit" paragraph in the List of Items Controlled section of Export Control Classification Number (ECCN) 9A004. However, because of an inadvertent formatting error in a rule published on March 18, 1999 (64 FR 13338), the "Related Controls" paragraph in that CCL entry appeared to be part of the "Unit" paragraph. This resulted in the inadvertent removal of the of the "Related Controls" paragraph in the List of Items Controlled section of that ECCN entry when the "Unit" paragraph was revised with the publication of the April 18, 2008, rule. Today’s rule corrects that inadvertent removal by adding the "Related Controls" paragraph back into that ECCN entry.
04/18/08
73 FR 21076
Conforming Changes to Certain End-User/End-Use Based Controls in the EAR; Clarification of the Term "Transfer" and Related Terms as Used in the EAR.
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The Bureau of Industry and Security (BIS) proposes to amend the Export Administration Regulations (EAR) by making conforming changes in certain end-user/end-use controls in the EAR to ensure that the terminology used to describe each type of end-user/end-use control is consistent, to the fullest extent possible, with the terminology in other such controls in the EAR. The proposed amendments would clarify that a party cannot proceed with an export, reexport, or transfer (in-country) that is in transit at the time the party is informed by BIS that a license is required (in accordance with certain end-user/end-use controls in the EAR), unless that party first obtains a license from BIS authorizing the completion of the transaction. This rule also proposes to amend the EAR by revising the definition of the term "transfer" and certain related terms, to provide greater clarity regarding these provisions. Comments must be received by June 17, 2008.
04/18/08
73 FR 21035
Technical Corrections to the Export Administration Regulations based upon a Systematic Review of the CCL.
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This final rule amends the Export Administration Regulations (EAR) to make various technical corrections and clarifications to the EAR as a result of a systematic review of the Commerce Control List (CCL) that was conducted by the Bureau of Industry and Security (BIS). This rule is the first phase of the regulatory implementation of the results of a review of the CCL that was conducted by BIS starting in 2007. The BIS CCL review benefited from input received from BIS’s Technical Advisory Committees (TACs) and comments that were received from the interested public in response to the publication of a BIS notice of inquiry on July 17, 2007 (72 FR 39052).
02/28/08
73 FR 10668
Expanded Authorization for Temporary Exports and Reexports of Tools of Trade to Sudan.
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This rule increases the number of end-uses for which certain computers and relate equipment and telecommunicates devices may be exported temporarily to Sudan "tools of trade" for persons doing humanitarian and development work in that country under a license exception. It also makes more types of commodities eligible under the category "tools of trade" for purposes of this license exception and authorizes reexports under this provision to the same extent as exports are authorized.
02/05/08
73 FR 6603
On November 5, 2007, the Bureau of Industry and Security published a final rule that amended the Export Administration Regulations (EAR) to implement the agreement reached at the December 2006 plenary meeting of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies. This rule corrects errors from the November 5th rule in Parts 742 and 744, and Categories 1, 3, 6 and 7 on the Commerce Control List. In particular, this rule corrects the exception language for License Exceptions GBS and CIV under ECCN 6A005 (Lasers). In addition, this rule replaces the listing of "3B001.f.2" with "3B001.f.3" for the Validated End-User (VEU) Applied Materials China, Ltd in Supplement No 7 to Part 748, which is necessary because of the redesignation of 3B001.f.2 as 3B001.f.3 in the November 5th rule.
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This rule amends the Export Administration Regulations (EAR) by making the following changes: removing the post office box address for the Bureau of Industry and Security (BIS), updating the contact information for the San Jose field office, reinserting missing footnotes in sections describing License Exceptions, removing certain non-Country Group D countries from Country Group D, correcting formatting in the supplement listing items subject to the military end-use license requirement for the People's Republic of China (PRC), correcting the Code of Federal Regulations legal authority citation for part 745 of the EAR, removing a reference to Libya under embargoed destinations, adding fax information for submitting a request for approval to submit applications electronically, clarifying the requirements for obtaining an Import Certificate or an End-User Statement, changing Validated End-User report requirements, amending the contact information for the Ministry of Commerce of the PRC, making a technical correction to shipping tolerances, and removing references to certain entries on the Commerce Control List. In addition, this rule amends the Defense Priorities and Allocations System (DPAS) Regulation by updating an office name and by removing a reference to a form.
01/02/08
73 FR 32
Revisions and Technical Corrections to the Export Administration Regulations and the Defense Priorities and Allocations System Regulation.
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This rule amends the Export Administration Regulations (EAR) by making the following changes: removing the post office box address for the Bureau of Industry and Security (BIS), updating the contact information for the San Jose field office, reinserting missing footnotes in sections describing License Exceptions, removing certain non-Country Group D countries from Country Group D, correcting formatting in the supplement listing items subject to the military end-use license requirement for the People's Republic of China (PRC), correcting the Code of Federal Regulations legal authority citation for part 745 of the EAR, removing a reference to Libya under embargoed destinations, adding fax information for submitting a request for approval to submit applications electronically, clarifying the requirements for obtaining an Import Certificate or an End-User Statement, changing Validated End-User report requirements, amending the contact information for the Ministry of Commerce of the PRC, making a technical correction to shipping tolerances, and removing references to certain entries on the Commerce Control List. In addition, this rule amends the Defense Priorities and Allocations System (DPAS) Regulation by updating an office name and by removing a reference to a form.
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