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12/07/00
65 FR 76561
General Order Concerning Shaykh Hamad bin Ali bin Jaber Al-Thani, Gulf Falcon Group, Ltd., and related entities
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On November 16, 2000, Shaykh Hamad bin Ali bin Jaber Al-Thani delivered to Baghdad, Iraq, a Boeing 747 aircraft to Iraqi President Saddam Hussein as a gift. This action violated the United Nations Security Council resolution restricting trade with Iraq. To guard against further such diversions to Iraq, BXA published this rule which imposes a license requirement for exports and reexports of all items subject to the Export Administration Regulations (EAR) that are on the Commerce Control List destined to or for Shaykh Hamad bin Ali bin Jaber Al-Thani and entities related to or controlled by him, as follows: Gulf Falcon Group, Ltd. located in Doha, Qatar; Air Gulf Falcon located in Sharjah, United Arab Emirates; Falcon Aircraft Maintenance Center located in Sharjah, United Arab Emirates; and Falcon Air Leasing located in Sharjah, United Arab Emirates. This order also prohibits the use of License Exceptions for exports and reexports of all items subject to the EAR that are listed on the Commerce Control List to these entities. This rule amends the EAR to implement General Order No. 3.
11/06/00
65 FR 66514
Effects of Foreign Policy-Based Export Controls
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The Bureau of Export Administration (BXA) is reviewing the foreign policy-based export controls in the Export Administration Regulations to determine whether they should be modified, rescinded or extended. To help make these determinations, BXA is seeking comments on how existing foreign policy-based export controls have affected exporters and the general public.
11/03/00
65 FR 66169
Revisions to License Exception CTP; Corrections
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This rule corrects inadvertent errors or omissions in the October 13 final rule (65 FR 60852) revising License Exception CTP. This rule revises the regulations to show the correct effective date that Estonia becomes a Tier 2 country (December 28, 2000). This rule also revises the License Requirements section of Export Control Classification Number (ECCN) 4D002 consistent with previously agreed to changes in the Wassenaar List of Dual-Use Goods and Technologies. In addition, this rule corrects a typographical error that appeared in the regulations. Finally, this preamble clarifies that the preambular text in the October 13 rule incorrectly described changes to ECCNS 4D003 and 4E003. These changes were to ECCNS 4D001 and 4E001 and were correctly set forth in the regulatory text of the October 13 rule.
10/19/00
65 FR 62600
Revisions to Encryption Items
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This rule amends the Export Administration Regulations (EAR) and implements the July 17 White House announcement to streamline the export and reexport of encryption items to European Union (EU) member states, Australia, Czech Republic, Hungary, Japan, New Zealand, Norway, Poland and Switzerland under License Exception ENC. The 30-day waiting period and the previous distinction between government and non-government end-users are removed by this rule for these destinations. This rule makes further revisions and clarifications to the rule published on January 14, 2000 including changes in the treatment of products incorporating short-range wireless technologies, open cryptographic interfaces, beta test software, encryption source code, and U.S. content (de minimis) requirements. This rule also allows, for the first time, exporters to self-classify unilateral controlled encryption products (that fall under Export Control Classification Numbers (ECCNs) 5A992, 5D992 and 5E992) upon notification to the Bureau of Export Administration (BXA). Restrictions on exports by U.S. persons to terrorist-supporting states (Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria), their nationals and other sanctioned entities are not changed by this rule.
10/13/00
65 FR 60852
Revisions to License Exception CTP
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This rule amends the EAR by revising License Exception CTP to reflect continuing technological advancement in the computer industry. High Performance Computers (HPCs) with a composite theoretical performance (CTP) of up to 45,000 millions of theoretical operations per second (MTOPS) can be exported to Computer Tier 2 countries under License Exception CTP, and HPCs with a CTP up to 28,000 MTOPS can be exported Computer Tier 3 destinations under License Exception CTP. The civil-military distinction for computer Tier 3 end-users and end-uses is removed. Effective February 26, 2001, this rule also raises the advance notification level for HPC exports to Computer Tier 3 countries to 28,000 MTOPS. As required by the National Defense Authorization Act of 1998 (NDAA), changes in the advance notification level for HPC exports to Tier 3 destinations are only effective 180 days following the submission by the President of a report to Congress. The President sent the report to Congress on August 30, 2000. This rule moves Argentina from Computer Tier 2 to Computer Tier 1. This rule also moves Estonia from Computer Tier 3 to Computer Tier 2, effective December 28, 2000.
10/03/00
65 FR 58911
Revisions and Clarifications to the Commerce Control List; Chemical and Biological Weapons Controls; Australia Group
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This rule amends the EAR to implement an Australia Group (AG) agreement to clarify the scope of controls on saxitoxin, toxic gas monitoring systems, and cross-flow filtration equipment, as well as clarifying the application of the rule for mixtures containing AG chemicals that are also identified as Schedule 1 chemicals under the Chemical Weapons Convention. The final rule also amends the CCL to authorize, without a license, exports of certain medical products containing botulinum toxin, and certain diagnostic and food testing kits that contain AG-controlled toxins. Finally, this final rule amends the CCL to add titanium carbide and silicon carbide to the list of construction materials for heat exchangers. Restrictions on chemicals and toxins that are also controlled for CW (Chemical Weapons Convention) purposes continue to apply. This rule will result in an overall decreased licensing burden on U.S. industry.
09/13/00
65 FR 55177
Crime Control Items: Revisions to the Commerce Control List
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This rule amends the EAR to expand controls on restraint devices, such as handcuffs, and on discharge type arms, such as stun guns or shock batons and imposes controls on technology for the development or production of those items. This rule also makes changes to control list entries to better distinguish between restraint devices and other police equipment, which will result in more transparent licensing statistics on items controlled for crime control reasons. It also improves the control list grouping for fingerprinting powders, dyes, and inks. In addition, this rule modifies the license review policy to include consideration of whether there is civil disorder in the country or region or whether there is evidence that the government of the importing country may have violated internationally recognized human rights.
07/27/00
65 FR 46091
Reexports to Serbia of Foreign Registered Aircraft Subject to the Export Administration Regulations
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The Bureau of Export Administration (BXA) is amending the Export Administration Regulations (EAR) by reinstating provisions of License Exception AVS for temporary reexports to Serbia of foreign registered aircraft subject to the EAR. This limited action is taken in support of the European Union's six month suspension of its ban on flights to Serbia.
07/26/00
65 FR 45842
Export Administration Regulations Entity List: Revisions to the Entity List
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On November 19, 1998, the Bureau of Export Administration (BXA) published a rule in the Federal Register (63 FR 64322) that added certain Indian and Pakistani entities to the Entity List in the Export Administration Regulations (EAR). Further revisions were made to the list of Indian entities on March 17, 2000 (65 FR 14444). This rule removes two Indian entities: the Nuclear Science Centre located in New Delhi and the Uranium Recovery Plant located in Cochin; and adds one Indian entity: Indian Space Research Organization (ISRO), Telemetry, Tracking and Command Network (ISTRAC) to the Entity List.
07/12/00
65 FR 43130
Revisions to the Export Administration Regulations: Implementation of the Wassenaar Arrangement List of Dual-Use Items: Revisions to Categories 1, 2, 3, 4, 5, 6 and 9 of the Commerce Control List
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The Bureau of Export Administration is amending the Export Administration Regulations (EAR) by revising certain entries controlled for national security reasons in Categories 1, 2, 3, 4, 5, 6 and 9 to conform with changes in the Wassenaar Arrangement's List of Dual-Use Goods and Technologies 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). The Wassenaar Arrangement controls strategic items with the objective of improving regional and international security and stability. The purpose of this final rule is to make the necessary changes to the Commerce Control List to implement recently agreed revisions to the Wassenaar List of Dual-Use Goods and Technologies.
07/10/00
65 FR 42565
Parties to a Transaction and their Responsibilities, Routed Export Transactions, Shipper's Export Declarations, the Automated Export System (AES), and Export Clearance
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The Bureau of Export Administration is revising the Export Administration Regulations (EAR) to clarify the responsibilities of parties to export and reexport transactions, the filing and use of Shipper's Export Declarations, Destination Control Statement requirements, and other export clearance issues. In addition, this rule adds information about the scope and requirements for the Automated Export System (AES) Option 4 provision.
06/19/00
65 FR 38148
Easing of Export Restrictions on North Korea
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The Bureau of Export Administration is amending the Export Administration Regulations (EAR) to implement the President's statement of September 17, 1999 easing sanctions against North Korea. Under this new policy, most items subject to the EAR designated as EAR99 may be exported or reexported to North Korea without a license. In addition, BXA is changing the licensing policy for certain items on the Commerce Control List (CCL) destined to North Korean civil end-users from a policy of denial to case-by-case review. This regulation also adds certain categories of items to the CCL for which a license will be required to North Korea.
06/13/00
65 FR 37039
Expansion of License Exception CIV Eligibility for "Microprocessors" Controlled by ECCN 3A001 and Graphics Accelerators Controlled by ECCN 4A003
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The Bureau of Export Administration is amending the Export Administration Regulations (EAR) by adjusting the License Exception CIV eligibility level for microprocessors controlled by Export Control Classification Number (ECCN) 3A001 from a composite theoretical performance (CTP) of equal to or less than 3500 million theoretical operations per second (MTOPS) to a CTP of equal to or less than 4500 MTOPS. This rule also adjusts the License Exception CIV eligibility level for graphics accelerators controlled by Export Control Classification Number (ECCN) 4A003 from 75 million vectors per second to 100 million vectors per second. License Exception CIV authorizes exports and reexports to civil end-users for civil end-uses in Country Group D:1. CIV may not be used for exports or reexports to military end-users or end-uses.
06/01/00
65 FR 34942
Restrictive Trade Practices or Boycotts
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The Bureau of Export Administration is amending the Export Administration Regulations (EAR) to make certain editorial revisions and clarifications to the antiboycott provisions of the EAR. The antiboycott provisions of the EAR became effective on January 18, 1978 and provided for a six-month grace period ending June 21, 1978, when enforcement of certain of the sections of the regulations commenced. This rule removes all references to the 1978 grace period, including deletions of language in the text of the regulations and the interpretative examples that no longer apply. In some cases, new text has been added to preserve the substantive meaning of the regulation or example. The rule also removes the phrase "effective date of this part" and replaces it with the January 18, 1978 date of publication of the original rule. In addition, this rule corrects paragraph references, particularly in the interpretative Supplements. It also provides clarifying language in instances where the original text was unclear, as well as making typographical corrections, as appropriate. This rule also addresses issues raised by a proposed rule published by the Department on September 26, 1989 (54 FR 39415).
05/26/00
65 FR 34073
Revisions and Clarifications to the Export Administration Regulations; Commerce Control List
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On July 23, 1999, the Bureau of Export Administration (BXA) published a final rule (64 FR 40106) that revised the Commerce Control List (CCL) based on Wassenaar Arrangement review. The final rule revised certain entries controlled for national security reasons in Categories 1,2,3,4,5,6,7, and 9 to conform with changes in the Wassenaar Arrangement's List of Dual-Use Goods and Technologies. This final rule amends the CCL by making certain revisions and clarifications and, in some cases, inserts material inadvertently omitted from the July 23 final rule. This rule also makes corresponding changes to parts 742, 743, 746 and 772 of the Export Administration Regulations.
03/20/00
65 FR 14862
Revisions to the Export Administration Regulations; Administrative Enforcement Proceedings
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The Bureau of Export Administration (BXA) is amending the Export Administration Regulations (EAR) by amending its regulations on administrative enforcement proceedings. Specifically, this rule amends the EAR by providing that, notwithstanding certain circumstances, when determining whether to deny the export privileges of a person convicted of violating certain laws, BXA will give prior notice of this administrative action and an opportunity for that person to make written comments to BXA stating why a denial is not appropriate. This rule further clarifies the scope of the export privileges which may be denied. In addition, it clarifies in part 756 of the EAR that these administrative procedures are subject to the appeals procedures described in that part.
03/20/00
65 FR 14858
Editorial Clarifications and Revisions to the Export Administration Regulations
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The Bureau of Export Administration is amending the Export Administration Regulations to make certain editorial revisions and clarifications.
03/17/00
65 FR 14444
Export Administration Regulations Entity List: Removal of Entities, Revision in License Policy, and Reformat of List
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On November 18, 1998, the Bureau of Export Administration (BXA) published a rule in the Federal Register (63 FR 64322) that added certain Indian and Pakistani entities to the Entity List in the Export Administration Regulations (EAR). This rule removes 51 Indian entities and modifies one entity's listing. In addition, this rule will revise the license review policy for items classified as EAR99 (items that are subject to the EAR, but are not listed on the Commerce Control List) to Indian and Pakistani government, private and parastatal entities from a presumption of denial to a presumption of approval. Also, to correct two inadvertent errors in the publication of the Entity List, this rule: re-designates one existing Pakistani entry on the list as a government entity instead of a military facility; and re-designates one existing Indian entry on the list as a government entity instead of a private or parastatal entity, while also correcting the organization with which it was previously identified. Finally, after consultation between BXA and the Department of State, the subordinates of Indian and Pakistani organizations that are on the Entity List will be moved to appendix A and appendix B of the Entity List, respectively. BXA anticipates this change in policy will increase the number of license applications submitted to BXA.
03/15/00
65 FR 13879
Correction to Revisions to the Export Administration Regulations
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On March 10, 2000 the Bureau of Export Administration published a final rule (65 FR 12919) revising License Exception CTP and revising the Commerce Control List to liberalize the national security thresholds for digital computers to conform with recently agreed changes in the Wassenaar List of Dual-Use Goods and Technologies. This rule corrects an inadvertent error that appeared in the March 10 rule by inserting the word "not" which was inadvertently omitted from the note to the License Requirements section of Export Control Classification Number 4A003.
03/10/00
65 FR 12919
Revisions to License Exception CTP
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The Bureau of Export Administration (BXA) is amending the Export Administration Regulations (EAR) by revising License Exception CTP to reflect continuing technological advancement in the computer industry. Accordingly, High Performance Computers (HPCs) with a composite theoretical performance (CTP) of up to 33,000 millions of theoretical operations per second (MTOPS) can be exported to Computer Tier 2 countries, and HPCs with a CTP up to 20,000 MTOPS can be exported to civilian end-users and end-uses in Computer Tier 3 destinations under License Exception CTP. For military end-users and end-uses in Computer Tier 3 countries, the CTP limit remains at 6,500 MTOPS until August 14, 2000, when it is raised to 12,500 MTOPS. This coincides with the date this rule raises the advance notification level for HPC exports to Computer Tier 3 countries to 12,500 MTOPS. As required by the National Defense Authorization Act of 1998 (NDAA), changes in the advance notification level for HPC exports to Tier 3 destinations are only effective 180 days following the submission of a report to Congress. This report was sent to Congress on February 16, 2000. This rule also moves Romania from Computer Tier 3 to Computer Tier 2, effective June 15, 2000, and links the level of HPCs requiring post-shipment verification reporting to the advance notification level for HPC exports to Computer Tier 3 destinations. This rule also revises the Commerce Control List (CCL) to liberalize the national security thresholds for digital computers to conform with recently agreed changes in the Wassenaar List of Dual-Use Goods and Technologies, and corrects/updates the mailing address for submission of post-shipment reports.
01/14/00
65 FR 2492
Revisions to Encryption Items
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On January 14, 2000, the Bureau of Export Administration published an interim final rule (63 FR 2452) implementing the Administration's new approach to encryption export controls, as announced on September 16, 1999. Under this new policy, exports and reexports of any encryption commodity or software are allowed to individuals, commercial firms, and other non-government end-users in all destinations. Exports and reexports of retail encryption commodities and software are allowed to all end-users in all destinations. Post-export reporting requirements are streamlined, and changes are made to reflect amendments to the Wassenaar Arrangement. Restrictions on terrorist supporting states (Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria), their nationals and other sanctioned entities are not changed by this rule.
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