[Federal Register: February 28, 2008 (Volume 73, Number 40)]
[Rules and Regulations]
[Page 10668-10670]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28fe08-11]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 740
[Docket No. 071129776-7777-01]
RIN 0694-AE20
Expanded Authorization for Temporary Exports and Reexports of
Tools of Trade to Sudan
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: This rule increases the number of end-uses for which certain
``tools of trade'' may be exported temporarily to Sudan 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.
DATES: Effective Date: This rule is effective February 28, 2008.
ADDRESSES: Comments may be submitted by e-mail to the Federal
eRulemaking site www.regulations.gov, by e-mail directly to BIS at
publiccomments@bis.doc.gov; by fax to (202) 482-3355; or on paper to--
Regulatory Policy Division, Office of Exporter Services, Bureau of
Industry and Security, Room H2705, U.S. Department of Commerce, 14th
Street and Pennsylvania Avenue, NW., Washington, DC 20230. Refer to
Regulatory Identification Number (RIN) 0694-AE20 in all comments.
Comments on the information collection contained in this rule should
also be sent to David Rostker, Office of Management and Budget Desk
Officer; by e-mail to david_rostker@omb.eop.gov; or by fax to (202)
395-7285. Refer to RIN 0694-AE20 in all comments.
FOR FURTHER INFORMATION CONTACT: Eric Longnecker, Office of
Nonproliferation and Treaty Compliance, tel. (202) 482-5537, e-mail
elongnec@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 740.9 of the Export Administration Regulations provides
inter alia an exception to export and reexport license requirements for
certain temporary exports and reexports. One category of such exports
and reexports is entitled ``tools of trade.'' In February 2005, BIS
revised Sec. 740.9 to allow temporary exports, but not reexports, to
Sudan of certain computers, communications devices, and global
satellite positioning devices by employees and staff of certain
organizations engaged in humanitarian work in Sudan (70 FR 8257,
February 18, 2005 and 70 FR 9703, February 28, 2005). The experiences
of the organizations using this provision, the increase in computer
performance levels since that rule was published, the implementation of
the Comprehensive Peace Agreement and the Darfur Peace Agreement, the
passage of the Darfur Peace and Accountability Act, the issuance of
Executive Order 13412, the implementation of that Act and that
Executive Order by the Department of the Treasury, and the changing
nature of the assistance being provided in Sudan by non-governmental
organizations have led BIS to conclude that changes to this provision
are warranted.
Specific Changes Made by This Rule
This rule modifies Sec. 740.9(a)(2)(i)(B) of the EAR, which sets
forth the provisions that apply specifically to Sudan for temporary
exports and reexports of tools of trade under License Exception TMP.
This rule breaks that paragraph into further subparagraphs to make the
provisions easier to follow and cite.
This rule adds reexports to the types of transactions authorized by
Sec. 740.9(a)(2)(i)(B).
This rule adds certain support activities to relieve human
suffering or to implement the Darfur Peace Agreement or the
Comprehensive Peace Agreement by an organization authorized by the
Department of the Treasury, and certain support activities to relieve
human suffering in Sudan in areas that are exempt from the Sudanese
Sanctions Regulations by virtue of the Darfur Peace and Accountability
Act and Executive Order 13412, to the purposes for which Sec.
740.9(a)(2)(1)(B) authorizes sending tools of trade under License
Exception TMP to Sudan.
This rule allows exports and reexports to an eligible user in Sudan
by a method reasonably calculated to assure delivery
[[Page 10669]]
to the permissible user. Prior to publication of this rule, Sec.
740.9(a)(2)(i)(B) required that shipments accompany a traveler to
Sudan.
This rule raises the adjusted peak performance (APP) of computers
controlled under Export Control Classification Number (ECCN) 4A994.b
eligible under Sec. 740.9(a)(2)(1)(B) from 0.0015 weighted teraFLOPS
(WT) to 0.008 WT.
This rule makes disk drives controlled under ECCN 4A991.d, input/
output control units controlled under ECCN 4A994.e (other than
industrial controllers for chemical processing), graphics accelerators
controlled under 4A994.g and color displays and monitors controlled
under 4A994.h eligible for export and reexport under Sec.
740.9(a)(2)(i)(B).
This rule authorizes export or reexport of software to be used
solely for servicing or in-kind replacement of software legally
exported or reexported pursuant to Sec. 740.9(a)(2)(i)(B). Prior to
this rule all such software had to be loaded on to the hardware prior
to sending the hardware to Sudan.
Reasons for the Changes Made by This Rule
BIS is making these changes for several reasons. The increase in
the performance level of the computers authorized by this rule is
needed because few, if any, computers with an APP of 0.0015 WT level
are easily available at retail outlets. The additional commodities are
peripheral equipment to computers that are used for routine business
tasks such as word processing, spreadsheets and Web browsing. Allowing
reexports of such items and removing the requirements that the items
accompany a traveler to Sudan and that software be loaded prior to
arrival of the hardware in Sudan will allow persons working for non-
governmental organizations engaged in humanitarian or development
efforts in Sudan to procure items subject to the EAR outside the United
States and send them to Sudan more easily. Since 2005, when BIS last
amended Sec. 740.9(a)(2)(1)(B), the nature of the activities of U.S.-
supported NGOs in Sudan has evolved from humanitarian assistance and
efforts to relieve human suffering to include not only those goals but
some development assistance as well. This rule allows support of that
broader scope of activities consistent with the Darfur Peace Agreement,
the Comprehensive Peace Agreement, the Darfur Peace and Accountability
Act and Executive Order 13412.
Rulemaking Requirements
1. This rule has been determined to be not significant for purposes
of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation contains
a collection previously approved by the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748.
Miscellaneous and recordkeeping activities account for 12 minutes per
submission. BIS believes that this rule will have no material effect on
the burden imposed by that collection.
3. This rule does not contain policies with Federalism implications
as that term is defined in 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 or 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 rule. Because a notice of proposed
rulemaking and an opportunity for public comment are not required to be
given for this rule by 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.
List of Subjects in 15 CFR Part 740
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
0
For the reasons set forth in the preamble, the Export Administration
Regulations (15 CFR 730-799) are amended as follows:
PART 740--AMENDED
1. The authority citation for part 740 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
Sec. 901-911, Pub. L. 106-387; E.O. 13026, 61 FR 58767, 3 CFR, 1996
Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783;
Notice of August 3, 2006, 71 FR 44551 (August 7, 2006); Notice of
August 15, 2007, 72 FR 46137 (August 16, 2007).
0
2. Revise Sec. 740.9(a)(2)(i)(B) to read as follows:
Sec. 740.9 Temporary imports, exports, and reexports (TMP).
* * * * *
(a) * * *
(B) Sudan. Exports or reexports of tools of trade may be made to
Sudan as authorized by this paragraph.
(1) Permissible users of this provision. A non-governmental
organization or an individual staff member, employee or contractor of
such organization traveling to Sudan at the direction or with the
knowledge of such organization may export or reexport under this
paragraph.
(2) Authorized purposes. Any tools of trade exported or reexported
under this paragraph must be used to support activities to implement
the Darfur Peace Agreement or the Comprehensive Peace Agreement, to
provide humanitarian or development assistance in Sudan to support
activities to relieve human suffering in Sudan by an organization
registered by the Department of the Treasury, Office of Foreign Assets
Control (OFAC) pursuant to 31 CFR 538.521, to support the actions in
Sudan for humanitarian or development purposes by an organization
authorized by OFAC to take such actions that would otherwise would be
prohibited by the Sudanese Sanctions Regulations (31 CFR part 538), or
to support the activities to relieve human suffering in Sudan in areas
that are exempt from the Sudanese Sanctions Regulations by virtue of
the Darfur Peace and Accountability Act and Executive Order 13412.
(3) Method of export and maintenance of control. The tools of trade
must accompany (either hand carried or as checked baggage) a traveler
who is a permissible user of this provision or be shipped or
transmitted to an eligible user of this provision by a method
reasonably calculated to assure delivery to the permissible user of
this provision. The permissible user of this provision must maintain
``effective control'' (See Sec. 772.1 of the EAR) of the tools of
trade while in Sudan.
(4) The only tools of trade that may be exported to Sudan under
this paragraph (a)(2)(i)(B) are:
(i) Commodities controlled under ECCNs 4A994.b (not exceeding an
adjusted peak performance of 0.008 weighted teraFLOPS), 4A994.d,
4A994.e (other than industrial controllers for chemical processing),
4A994.g and 4A994.h and ``software'' controlled
[[Page 10670]]
under ECCNs 4D994 or 5D992 to be used on such commodities. Software
must be loaded onto such commodities prior to export or reexport or be
exported or reexported solely for servicing or in-kind replacement of
legally exported or reexported software. All such software must remain
loaded on such commodities while in Sudan;
(ii) Telecommunications equipment controlled under ECCN 5A991 and
``software'' controlled under ECCN 5D992 to be used in the operation of
such equipment. Software must be loaded onto such equipment prior to
export or be exported or reexported solely for servicing or in-kind
replacement of legally exported or reexported software. All such
software must remain loaded on such equipment while in Sudan;
(iii) Global positioning systems (GPS) or similar satellite
receivers controlled under ECCN 7A994; and
(iv) Parts and components that are controlled under ECCN 5A992,
that are installed with, or contained in, commodities in paragraphs
(a)(2)(i)(B)(4) (i) and (ii) of this section and that remain installed
with or contained in such commodities while in Sudan.
* * * * *
Dated: February 21, 2008.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. E8-3808 Filed 2-27-08; 8:45 am]
BILLING CODE 3510-33-P