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12/01/05
70 FR 72073
Revisions to the Import Certificate Requirements in the Export Administration Regulations
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This final rule amends the Export Administration Regulations (EAR) by removing the requirement to obtain an Import Certificate in support of an export or reexport license when the ultimate consignee or purchaser is a foreign government or agency of Bulgaria, Czech Republic, Hungary, Poland, Romania, Slovakia, and India.

11/16/05
70 FR 69432
Establishment of New License Exception for the Export or Reexport to U.S. Persons in Libya of Certain Items Controlled for Anti-Terrorism Reasons Only on the Commerce Control List
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In this interim rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement changes to export and reexport controls with respect to Libya. Specifically, in this rule, BIS establishes a License Exception authorizing the export or reexport to U.S. persons in Libya of certain items listed on the Commerce Control List and controlled for anti-terrorism (AT) reasons only. This rule is consistent with the President's decision to modify United States' sanctions against Libya, in response to Libya's continuing efforts to dismantle its weapons of mass destruction (WMD) and missile programs and its renunciation of terrorism.

11/07/05
70 FR 67346
Revision of License Requirements and Licensing Policy, and Increased Availability of License Exceptions for Certain North Atlantic Treaty Organization (NATO) Member States
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This final rule amends certain provisions of the Export Administration Regulations (EAR) that affect Bulgaria, Czech Republic, Estonia, Hungary, Iceland, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia. These amendments provide consistent treatment to all NATO member states with respect to national security-based license requirements, national security licensing policy, availability of certain License Exceptions, and certain in-transit transactions.

10/31/05
70 FR 62237
Technical Correction
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This final rule corrects an inadvertent error in the final rule that was published by the Bureau of Industry and Security (BIS) on Friday, September 16, 2005 (70 FR 54626). This correction ensures that paragraphs in Supplement No. 2 to part 736 of the Export Administration Regulations are consistently designated.

9/16/05
70 FR 54626
Revisions and Clarifications to the Export Administration Regulations
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This final rule amends the Export Administration Regulations (EAR), by deleting a redundant paragraph and redesignating the remaining paragraphs in one section for clarity; inserting material inadvertently omitted from previous rules in three places in the EAR; clarifying instructions for applying for authorization to transfer items subject to the EAR in-country, adding an alias for a previously listed entity on the Entity List; and removing references to two ECCNs that do not exist.

8/30/05
70 FR 51251
Removal of License Requirements for Exports and Reexports to India of Items Controlled Unilaterally for Nuclear Nonproliferation Reasons and Removal of Certain Indian Entiites from the Entity List
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This final rule amends the Export Administration Regulations (EAR) by removing NP2 license requirements from India and by removing six Indian entities from the Entity List.Three of these entities are Department of Atomic Energy entities, "Tarapur (TAPS 1 & 2)," "Rajasthan (RAPS 1& 2)," and "Kudankulam (1 & 2)." TAPS 1 & 2 and RAPS 1 & 2 are under International Atomic Energy Agency (IAEA) safeguards. Kudankulam 1 & 2 is under construction. The Government of India and the IAEA have agreed that this facility will be subject to IAEA safeguards upon completion. The other three entities are Indian Space Research Organization (ISRO) subordinate entities, specifically, "ISRO Telemetry, Tracking and Command Network (ISTRAC)," "ISRO Inertial Systems Unit (IISU), Thiruvananthapuram," and "Space Applications Center (SAC), Ahmadabad." This final rule implements the final phase of the Next Steps in Strategic Partnership (NSSP) with India.

8/05/05
70 FR 45276
Implementation of the Understandings Reached at the April 2005 Australia Group (AG) Plenary Meeting
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This rule amends the Export Administration Regulations (EAR) to implement the understandings reached at the April 2005 plenary meeting of the Australia Group (AG) and update the list of States Parties to the Chemical Weapons Convention (CWC). This rule implements the April 2005 AG understandings by: revising the Technical Note in ECCN 1C353 to clarify the scope of the chemical/biological (CB) controls that apply to certain genetic elements and genetically modified organisms; amending ECCN 2B350 to clarify controls on pumps usable for making chemical weapons and AG-controlled precursor chemicals; amending ECCN 2B352 to control certain spraying or fogging systems, spray booms or arrays of aerosol generating units and components therefor; and amending the Commerce Country Chart and Country Groups A:3 and D:3 to reflect the addition of Ukraine as the newest participating country in the AG. This rule updates the list of States Parties to the CWC (Supplement No. 2 to Part 745 of the EAR) by: adding Niue, which recently became a State Party; adding a footnote to the entry for the Netherlands to indicate that, for CWC purposes only, the Netherlands includes Aruba and the Netherlands Antilles; and removing the entry for "Yugoslavia (Federal Republic of)" and replacing it with "Serbia and Montenegro."

7/26/05
70 FR 43041
December 2004 Wassenaar Arrangement Plenary Agreement Implementation: Categories 1, 2, 3, 4, 5 Part I (telecommunications), 6, 7, 8, and 9 of the Commerce Control List; Wassenaar Reporting Requirements; Definitions; and Certain New or Expanded Export Controls; Final rule; correction
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On Friday, July 15, 2005, 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 2004 plenary meeting of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies. The July 15 final rule contained an inadvertent typographical error in the amendatory language for Export Control Classification Number 3A002, which controls general purpose electronic equipment. This document corrects that error. This rule also corrects a statement of the license requirements for deemed export license applications found in the Background section of the July 15 final rule.

7/21/05
70 FR 41952
Exports of Nuclear Grade Graphite: Change in Licensing Jurisdiction
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This final rule revises Export Control Classification Number (ECCN) 0C005 on the Commerce Control List, which describes graphite that is subject to NRC jurisdiction, by removing the density parameter for nuclear grade graphite, so that nuclear grade graphite is defined only on the basis of its purity, consistent with the NRC definition in its corresponding rule; revises ECCN 0C005 to reflect the NRC scope of jurisdiction for graphite intended for use in a nuclear reactor; adds a new ECCN 1C298 to control the export of nuclear grade graphite with a purity level of less than 5 parts per million "boron equivalent" and a density greater than 1.5 grams per cubic centimeter to countries indicated under NP column 2 on the Commerce Country Chart; and adds "related controls" notes to ECCNs 0C005, 1C107 and 1C298 to provide cross-references among all ECCNS that control any type of graphite.

7/15/05
70 FR 41094
December 2004 Wassenaar Arrangement Plenary Agreement Implementation: Categories 1, 2, 3, 4, 5 Part I (telecommunications), 6, 7, 8, and 9 of the Commerce Control List; Wassenaar Reporting Requirements; Definitions; and Certain New or Expanded Export Controls
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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 certain entries controlled for national security reasons in Categories 1, 2, 3, 4, 5 Part I (telecommunications), 6, 7, 8, and 9, and Definitions to conform with changes in the Wassenaar Arrangement's List of Dual-Use Goods and Technologies and Statements of Understanding 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 focuses on implementation of effective export controls on 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 CCL, definitions of terms used in the Export Administration Regulations (EAR), and Wassenaar reporting requirements to implement Wassenaar List revisions that were agreed upon in the December 2004 Wassenaar Arrangement Plenary Meeting. In addition, this rule adds Slovenia to the list of Wassenaar member countries in the EAR. This rule also adds or expands unilateral U.S. controls on certain items consistent with the amendments made to implement the Wassenaar Arrangement's decisions.

6/09/05
70 FR 33693
Final Rule: Licensing Policy for Entities Sanctioned under Specified Statutes; License Requirement for Certain Sanctioned Entities; and Imposition of License Requirement for Tula Instrument Design Bureau
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This rule adopts an interim final rule that was published on March 7, 2005 without change as a final rule. It states BIS's licensing policy regarding transactions involving entities sanctioned by the State Department under three specified statutes, imposes a new license requirement for certain entities sanctioned by the State Department, and identifies one specific entity subject to this new license requirement, Tula Instrument Design Bureau of Russia.

5/27/05
70 FR 30655
Advance Notice of Proposed Rulemaking: Revision and Clarification of Deemed Export Related Regulatory Requirements
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This notice extends the comment period on an advance notice of proposed rulemaking addressing potential regulatory and policy changes that would effect existing BIS deemed export licensing practices. BIS is continuing to seek comments on how these revisions would impact industry, the academic community, and U.S. government agencies involved in research. The new comment period deadline is June 27, 2005.

5/24/05
70 FR 29660
Proposed Rule: Imposition of License Requirement for Exports and Reexports of Missile Technology-Controlled Items Destined to Canada
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This proposed rule would amend the Export Administration Regulations (EAR) by imposing a license requirement for exports and reexports of items controlled for missile technology (MT) reasons to Canada. To date, the EAR have required a license for MT-controlled items to all destinations except Canada, and generally no license exceptions are available for MT-controlled items. This rule is consistent with a recommendation made by the General Accounting Office (GAO (renamed the Government Accountability Office)) in a 2001 report that BIS either impose a license requirement for exports and reexports of MT-controlled items to Canada, based on section 6(l) of the Export Administration Act of 1979, as amended, or seek a statutory change. In the event of final publication, the effect of this rule is that all exports and reexports of MT-controlled items to any destination require a license and will be subject to prior review.

4/29/05
70 FR 22247
Revised contact information, nomenclature change and correction of citation error
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This rule revises the delivery address for the ENC Encryption Request Coordinator and the office within BIS that receives encryption review requests and reports. The rule also revises the facsimile number for the Office of Exporter Services, corrects the name of the Outreach and Educational Services Division, revises the office to which a voluntary self-disclosure may be sent, revises the title and address of the official to whom a voluntary self-disclosure may be sent, and corrects a citation error.

4/14/05
70 FR 19688
Expansion of the Country Scope of the License Requirements that Apply to Chemical/Biological (CB) Equipment and Related Technology; Amendments to CB-Related End-User/End-Use and U.S. Person Controls
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This rule amends the Export Administration Regulations (EAR) by increasing the country scope of chemical/biological (CB) controls in those Commerce Control List (CCL) entries that contain chemical/biological equipment and related technology included on the Australia Group (AG) Common Control Lists from certain countries of concern for chemical and biological weapons reasons to all destinations, worldwide, except for those countries that participate in the Australia Group (AG). This rule also amends the chemical and biological weapons end-user/end-use based controls in Section 744.4 of the EAR by expanding these controls to include transfers (in-country), as well as exports and reexports. In addition, this rule amends Section 744.6 of the EAR by expanding the country scope of the CB-related restrictions on certain activities of U.S. persons to apply to any country or destination, worldwide, including countries that participate in the Australia Group.

3/30/05
70 FR 16110
Amendments Affecting the Country Scope of the Chemical/Biological End-User/End-Use Controls
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This rule amends the Export Administration Regulations (EAR) by revising the chemical and biological weapons end-user/end-use controls in Section 744.4(a) to conform with the country scope of the "catch-all" provisions in the Australia Group (AG) "Guidelines for Transfers of Sensitive Chemical or Biological Items." Specifically, this rule expands the number of countries subject to the end-user/end-use license requirements in Section 744.4(a) of the EAR to include all destinations, worldwide, including the countries identified in Country Group A:3 (i.e., the AG-participating countries). Prior to the publication of this rule, Section 744.4(a) of the EAR required a license only to countries of concern for chemical and/or biological weapons reasons (i.e., Country D:3 in Supplement No. 1 to Part 740 of the EAR).

3/28/05
70 FR 15607
Advance Notice of Proposed Rulemaking: Revision and Clarification of Deemed Export Related Regulatory Requirements
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The Bureau of Industry and Security (BIS) is reviewing the recommendations contained in the U.S. Department of Commerce Office of Inspector General Report entitled "Deemed Export Controls May Not Stop the Transfer of Sensitive Technology to Foreign Nationals in the U.S." (Final Inspection Report No. IPE-16176-March 2004). Certain of these recommendations would require regulatory changes that would affect existing requirements and policies for deemed export licenses. BIS is seeking comments on how these revisions would affect industry, the academic community, and U.S. government agencies involved in research. Comments are due May 27, 2005.

3/22/05
70 FR 14387
Revision of Export and Reexport Restrictions on Libya
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In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement further changes to export and reexport controls with respect to Libya. The majority of changes are based on comments submitted to BIS as requested in an earlier interim rule. This rule also corrects an inadvertent error in that interim rule.

3/22/05
70 FR 14385
Editorial Corrections to Part 730 of the Export Administration Regulations
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This rule amends section 730.8 of the EAR by correcting the fax number of the Outreach & Exporter Services Division of the Bureau of Industry and Security to (202) 482-2927. In addition, this rule updates the Paperwork Collections List to delete information collections that are no longer in effect and to add new information collections that have been approved.

3/10/05
70 FR 11858
Revisions to the Export Administration Regulations based on the 2004 Missile Technology Control Regime Plenary Agreements; Additions to the Entity List; Revisions to the Missile Catch-All Controls
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This final rule amends the Export Administration Regulations (EAR), including various entries on the Commerce Control List (CCL), to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the October 2004 Plenary in Seoul, South Korea, as well as the plenary decision to allow Bulgaria to become a member of the MTCR. In addition, this rule adds four Syrian entities to the Entity List. Lastly, this rule revises the missile catch-all controls for Restrictions on Certain Rocket Systems.

3/07/05
70 FR 10865
Licensing Policy for Entities Sanctioned under Specified Statutes; License Requirement for Certain Sanctioned Entities; and Imposition of License Requirement for Tula Instrument Design Bureau
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This rule states BIS's licensing policy regarding transactions involving entities sanctioned by the State Department under three specified statutes, imposes a new license requirement for certain entities sanctioned by the State Department, and identifies one specific entity subject to this new license requirement, Tula Instrument Design Bureau of Russia. This is an interim final rule with a request for comments. The deadline for comments is May 6, 2005

2/28/05
70 FR 9703
Revision of License Exception TMP for Activities of Organizations Working to Relieve Human Suffering in Sudan--Correction
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This notice corrects two topographical errors that appeared in the captioned rule published on February 18, 2005 (70 FR 8251). The eference in the preamble to �0.2 in the preamble to that rule should have read �0.2 and the reference to "Country Group D:2" in �0.9(a)(2)(i)(a) should have read "Country Group E:2." This notice corrects both errors.

2/23/05
70 FR 8718
Denied Persons and Specially Designated Nationals
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This rule removes all references of the supplement containing a list of denied persons from the Export Administration Regulations (EAR) because that supplement has never appeared in the Code of Federal Regulations and because BIS is discontinuing publication of it in the loose leaf unofficial publication of the EAR. BIS also is discontinuing publication of a copy of the Treasury Department's "List of Specially Designated Nationals and Blocked Persons." Both lists will continue to be available via the Internet from their issuing agencies.

2/18/05
70 FR 8251
Revision of License Exception TMP for Activities by Organizations Working to Relieve Human Suffering in Sudan
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This rule revises the Export Administration Regulations to allow staff and employees of certain organizations to use License Exception TMP to export basic communications equipment such as cell phones, personal computers, personal digital assistants, global positioning systems or similar satellite receivers and related software to Sudan for up to one year to be used in the activities of those organizations to relieve human suffering.

2/18/05
70 FR 8245
Technical Corrections to the Export Administration Regulations
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This rule makes technical corrections to the Export Administration Regulations (EAR) by updating internal agency process matters, clarifying license exceptions, correcting citation errors and clarifying paperwork requirements. None of these technical corrections change the current interpretations or licensing requirements of the EAR.

1/13/05
70 FR 2348
Implementation of the Understandings Reached at the June 2004 Australia Group (AG) Plenary Meeting and Through a Subsequent AG Intersessional Decision; Correction
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This rule amends the Export Administration Regulations (EAR) to make two corrections in the June 2004 Australia Group (AG) final rule that the Bureau of Industry and Security (BIS) published in the Federal Register on December 29, 2004 (69 FR 77890). Specifically, this rule corrects a typographical error in Section 742.2(a)(3)(i), which describes certain AG-related license requirements in the EAR, and corrects Export Control Classification Number (ECCN) 2B351 on the Commerce Control List (CCL) by revising the heading of the ECCN to exclude systems and detectors controlled by ECCN 1A004.c.

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