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12/30/96
61 FR 68572
Encryption Items Transferred From the U.S. Munitions List to the Commerce Control List
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This interim rule amends the Export Administration Regulations (EAR) by exercising jurisdiction over, and imposing new combined national security and foreign policy controls on, certain encryption items that were on the United States Munitions List, consistent with Executive Order 13026 and pursuant to the Presidential Memorandum of that date, both issued by President Clinton on November 15, 1996.
On October 1, 1996, the Administration announced a plan to make it easier for Americans to use stronger encryption products to protect their privacy, intellectual property and other valuable information. The plan envisions a worldwide key management infrastructure with the use of key escrow and key recovery encryption items to promote electronic commerce and secure communications while protecting national security and public safety. To provide for a transition period for the development of this key management infrastructure, this rule permits the export and reexport of 56-bit key length DES or equivalent strength encryption items under the authority of a License Exception, if an exporter makes satisfactory commitments to build and/or market recoverable encryption items and to help build the supporting international infrastructure. This policy will apply to hardware and software.
12/23/96
61 FR 67448
Revisions to the Export Administration Regulations: Computer Revisions
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On March 25, 1996, the Bureau of Export Administration (BXA) published an interim rule (61 FR 12714) that restructured and reorganized the Export Administration Regulations (EAR). The interim rule clarified the language of the EAR and simplified the application and made the export control regulatory regime more user friendly. This rule amends the EAR by making certain revisions and clarifications and in some cases, inserts material inadvertently omitted from the March 25 interim rule for the export and reexport of computers as described in the Commerce Control List and described by License Exception CTP. Among other revisions, this rule provides that "No License Required" (NLR) is available for the export and reexport of digital computers (other than those controlled for MT reasons) with a CTP of 2,000 Mtops or less, except to embargoed or terrorist-supporting destinations.
12/13/96
61 FR 65462
Licensing of Key Escrow Encryption Equipment and Software
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This interim final rule amends the Export Administration Regulations (EAR) by imposing national security controls on key escrow information security (encryption) equipment and software transferred from the U.S. Munitions List to the Commerce Control List following a commodity jurisdiction determination by the Department of State.
This interim final rule also amends the EAR to exclude key escrow items from the de minimis provisions for items exported from abroad and to exclude key escrow encryption software from mass market eligibility. Further, key escrow encryption software is subject to the EAR even when made publicly available.
12/04/96
61 FR 64272
Revisions to the Export Administration Regulations: License Exceptions
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This final rule revises the Export Administration Regulations (EAR) by reorganizing those License Exceptions that are referenced on the Commerce Control List. These License Exceptions had been bundled together in a single section, bearing a group symbol to be used for export clearance purposes. This rule splits the list-based License Exceptions into separate sections, each with its own clearance symbol. This rule makes conforming changes throughout the EAR. Finally, this rule makes corrections and clarifications to certain sections of the EAR affected by the changes to the License Exceptions.
11/05/96
61 FR 56942
Notice of General Order Prohibiting Exports of Unprocessed Timber from Certain Prohibited Lands
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Section 319 of Title III of Section 101(d) of Title I of Public Law 104-208 requires the Secretary of Commerce to issue an Order concerning the export of timber originating from non-Federal public lands in the western continental United States pursuant to the Forest Resources Conservation and Shortage Relief Act of 1990, as amended (16 U.S.C. 620 et seq. (1994) This notice announces the Department's Order and publishes that Order as an appendix to this notice.
10/29/96
61 FR 55740
Extension of Effective and Compliance Dates for Export Administration Simplification
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The Bureau of Export Administration (BXA) is providing notice that it is extending the validity period of the provisions of 15 CFR parts 768A through 779A, 785A through 791A, and 799A (the existing Export Administration Regulations) until December 30, 1996, and the mandatory compliance date of the interim rule published in the Federal Register on March 25, 1996 (61 FR 12714), until December 31, 1996. This is in response to industry's concerns about implementing the provisions of the interim rule (new regulations) by the original mandatory compliance date of November 1, 1996. These concerns arose mainly due to Commerce's determination to change the export clearance symbols for reporting exports of certain License Exceptions on the Shipper's Export Declaration.
10/21/96
61 FR 54540
Licensing of commercial communications satellites transferred from the U.S. Munitions List to the Commerce Control List; Expansion of national security and foreign policy controls on commercial communications satellites and hot section technology for the development, production or overhaul of commercial aircraft engines; Clarification of jurisdiction for developmental aircraft designed for civil use.
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This interim final rule amends parts 774 and 799A of the Export Administration Regulations (the Commerce Control List) by revising Export Control Classification Numbers (ECCNs) 9A04A and 9A004 to control all commercial communications satellites. This interim final rule also amends the Export Administration Regulations (EAR) by imposing enhanced national security and foreign policy controls on all commercial communications satellites controlled under ECCNs 9A04.a. and 9A004.a. and hot section technology for the development, production or overhaul of commercial aircraft engines controlled under ECCNs 9E03.a.1 through a.12, .f and related controls, and 9E003.a.1 through a.12., .f and related controls, to supplement the national security controls on those items. The provisions of this interim final rule apply for items transferred from the USML to the CCL and to license applications for those items received after the effective date of this rule.
This interim final rule also amends the EAR to exclude commercial communications satellites and hot section technology from the de minimis provisions for items and commingled technology exported from abroad, from the mandatory foreign availability decontrol or export licensing provisions of the EAR, and from Special Comprehensive License eligibility. Finally, this interim final rule also amends the licensing policy provisions of parts 742 and 776A of the EAR to reflect these new national security and foreign policy controls, providing for case-by-case review of applications for export and reexport to all destinations to determine if the export or reexport is consistent with U.S. national security and foreign policy interests.
Exporters are advised that license applications for commercial communications satellites controlled under ECCN 9A04.a. and 9A004.a., and hot section technology controlled under ECCN 9E03.a.1. through a.12 and .f, and related controls, and 9E003.a.1. through a.12 and .f, and related controls, will be subject to full interagency review in accordance with Executive Order 12981 of December 5, 1995 (60 FR 62981), as amended.
The EAR have been totally amended by an interim rule published on March 25, 1996 (61 FR 12714) that provides for a transition period within which exporters can take advantage of both the old rules and the new rules until November 1, 1996. Therefore, this interim final rule and all other amendments to the EAR during the transition period will amend both the new EAR and the old EAR, which are now designated with the letter "A" following the part number.
10/02/96
61 FR 51395
Request for Comments on 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.
08/08/96
61 FR 41326
Biological Warfare Experts Group Mtg: Implementing changes to Export Administration Regulations; ECCNs 1C991, 1C61B, 1B71E, and 1C91F.
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The Bureau of Export Administration (BXA) maintains the Commerce Control List (CCL) as part of the Export Administration Regulations (EAR). This rule amends the CCL by revising Export Control Classification Numbers (ECCNs) 1C991, 1C61B, 1B71E, and 1C91F. The changes made by this rule are based on discussions in the Biological Warfare Experts Group (a subgroup of the Australia Group (AG)).
The consultations resulted in changes to the list of controlled items, including the following revisions to the names of certain microorganisms: changing Rickettsia quintana to Bartonella quintana (Rochalimea quintana, Rickettsia quintana), Pseudomonas mallei to Burkholderia mallei (Pseudomonas mallei), and Pseudomonas pseudomallei to Burkholderia pseudomallei (Pseudomonas pseudomallei). It was also agreed to place the former name in parentheses following the new name on the list in order to assist in appropriate identification for export control purposes.
This rule revises the note in the requirement section of ECCN 1C61B to exclude immunotoxins. A technical note added to ECCN 1C61B provides the definitions of "immunotoxin" and "subunit". Immunotoxins are therapeutics with no biological warfare application. Immunotoxins have been added to ECCN 1C91F and are eligible for export under the provisions of General License G-DEST to all destinations but those listed in Country Groups S, Z, and Iran. In addition, a technical note that adds the definition of "immunotoxin" has been added to ECCN 1C91F. This rule makes parallel changes to ECCN 1C991.
This rule also implements changes in the area of dual-use biological equipment. In ECCN 1B71E, "Equipment that can be used in the production of biological weapons", the capacity parameter for fermenters, within paragraph (b), is decreased from "equal to or greater than 300 liters" to "equal to or greater than 100 liters". This is done to expand export controls to capture smaller fermenters that can be used for biological warfare purposes.
Prior to this final rule, fermenters of the designated size were controlled only if they either contained "double or multiple sealing joints within the steam containment area" or were "capable of in-situ sterilization in a closed state." These two modifiers or limiting descriptors have been removed by this final rule.
This rule also makes a clarification to cross-flow filtration equipment (ECCN 1B71E paragraph (d)). Where the control language formerly stated "cross-flow filtration equipment designed for continuous separation...", this final rule controls "Cross-flow filtration equipment capable of continuous separation...".
Lastly, this rule expands controls on aerosol chambers within ECCN 1B71E paragraph (g). Where the control language used to state "Chambers designed for aerosol challenge testing with pathogenic microorganisms ...", it will now state "Chambers designed for aerosol challenge testing with microorganisms ...". The word "pathogenic" is removed to expand export controls to aerosol chambers not specifically designed for pathogenic microorganisms.
05/31/96
61 FR 27255
ANS crude, License Exception TAPS
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The Bureau of Export Administration is amending the short supply provisions of the Export Administration Regulations to modify the restrictions on exports of Alaskan North Slope crude oil and establish License Exception TAPS authorizing such exports, with certain conditions. License Exception TAPS is based on: 1) Public Law 104-58, which allows for the export of crude oil transported by pipeline over right-of-way granted pursuant to section 203 of the Trans-Alaska Pipeline Authorization Act(TAPS); 2) the President's April 28, 1996 determination that exports are in the national interest; and 3) the President's direction to the Secretary of Commerce to issue a License Exception with conditions for export of TAPS crude oil.
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