Billing Code: 3510-33-P

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR parts 738 and 740

[Docket No. 990318078-9078-01]

RIN: 0694-AB89

Addition of Macau to the Export Administration Regulations.

AGENCY: Bureau of Export Administration, Commerce

ACTION: Final rule.

SUMMARY: The Bureau of Export Administration (BXA) is amending the Export

Administration Regulations (EAR) in preparation of the return of the Portuguese Colony of

Macau (Macau) to the sovereignty of the People's Republic of China (PRC) on December 20,

1999. This final rule adds Macau as a separate destination on the Commerce Country Chart for

export licensing purposes.

DATES: This rule is effective DATE OF PUBLICATION.

FOR FURTHER INFORMATION CONTACT: James A. Lewis, Office of Strategic Trade and

Foreign Policy Controls, Bureau of Export Administration, Telephone: (202) 482-4196.

SUPPLEMENTARY INFORMATION:

This final rule adds Macau as a distinct destination on the Commerce Country Chart for export

licensing purposes. Specifically, this rule amends the EAR in the following ways:

1. In Supplement No. 1 to part 738 of the EAR, Macau is added to the Commerce

Country Chart. As noted on the Chart, licensing requirements for exports and reexports to

Macau are imposed on items subject to the EAR controlled for the following reasons: chemical

and biological weapons, nuclear nonproliferation, national security, missile technology, regional

stability, and crime control.

2. In §740.7 of the EAR, Macau is listed under Computer Tier 3 for License Exception

CTP purposes. Exporters are reminded to consult §742.12 regarding license requirements on

high performance computers for Computer Tier 3 destinations.

3. In Supplement No. 1 to part 740, Macau is added to Country Groups D:1, D:3, and

D:4.

Note that a Statement of Ultimate Consignee and Purchaser (Form BXA 711) may be required

for exports of items under a license. See part 748 of the EAR for end-use certificate

requirements.

This action is taken consistent with the provisions of the Export Administration Act (EAA) and

after consultation the Secretary of State. BXA submitted a foreign policy report to the Congress

indicating the imposition of new foreign policy controls on May 20, 1999.

Although the Export Administration Act (EAA) expired on August 20, 1994, the President

invoked the International Emergency Economic Powers Act and continued in effect the EAR,

and to the extent permitted by law, the provisions of the EAA, as amended, in Executive Order

12924 of August 19, 1994, as extended by the President's notices of August 15, 1995 (60 FR

42767), August 14, 1996 (61 FR 42527) August 13, 1997 (62 FR 43629) and August 13, 1998

(63 FR 44121).

Savings Clause

Shipments of items no longer eligible for NLR authorization, or items which now require NDAA

notification, as a result of this regulatory action that were on deck for loading, on lighter, laden

aboard an exporting carrier, or en route aboard a carrier to a port of export before INSERT TWO

WEEKS FROM DATE OF PUBLICATION, may be exported up to and including INSERT

FOUR WEEKS FROM DATE OF PUBLICATION. Any such items not exported before

midnight INSERT FOUR WEEKS FROM DATE OF PUBLICATION, will require an export

license or NDAA notification in accordance with this regulation.

Rule Making Requirements

1.	This final rule has been determined to be significant for purposes of E.O. 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, unless that collection of information displays a

current valid OMB Control Number. This regulation involves collections previously approved

by the Office of Management and Budget under control numbers 0694-0088, "Multi-Purpose

Application," which carries a burden hour estimate of 45 minutes per manual submission and 40

minutes per electronic submission. Miscellaneous and recordkeeping activities account for 12

minutes per submission. In addition, information is also collected under OMB control number

0694-0107, "National Defense Authorization Act," Advance Notifications and Post-Shipment

Verification reports.

3.	This rule does not contain policies with Federalism implications sufficient to

warrant preparation of a Federalism assessment under Executive Order 12612.

4.	The provisions of the Administrative Procedure Act requiring notice of proposed

rule making, 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 rule

making and an opportunity for public comment be given for this rule. Because a notice of

proposed rule making and opportunities 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 inapplicable.

Therefore, this regulation is issued in final form. Although there is no formal comment period,

public comments on this regulation are welcome on a continuing basis. Comments should be

submitted to Frank J. Ruggiero, Office of Exporter Services, Bureau of Export Administration,

Department of Commerce, P.O. Box 273, Washington, D.C. 20044.

List of Subjects

15 CFR parts 738

Administrative practice and procedure, Exports, Foreign trade.

15 CFR parts 740

Administrative practice and procedure, Exports, Foreign trade, Reporting and record

keeping requirements.

Accordingly, parts 738 and 740 of the Export Administration Regulations (15 CFR Parts

730-774) are amended as follows:

1.	The authority citation for 15 CFR Part 738 continues to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10

U.S.C. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. 287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004;

Sec. 201, Pub. L. 104-58, 109 Stat. 557 (30 U.S.C. 185(s)); 30 U.S.C. 185(u); 42 U.S.C. 2139a;

42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; E.O. 12924, 3 CFR,

1994 Comp., p. 917; E.O. 13026, 3 CFR, 1996 Comp., p. 228; Notice of August 13, 1997, 3

CFR, 1997 Comp., p. 306; Notice of August 13, 1998 (63 FR 44121, August 17, 1998).

2.	The authority citation for 15 CFR Part 740 continues to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 12924, 3 CFR, 1994

Comp., p. 917; E.O. 13020, 3 CFR, 1996 Comp. p. 219; E.O. 13026, 3 CFR, 1996 Comp., p.

228; Notice of August 13, 1997, 3 CFR, 1997 Comp., p. 306; Notice of August 13, 1998 (63 FR

44121, August 17, 1998).

PART 738 - [AMENDED]

3. Supplement No. 1 to Section 738 is amended by adding "Macau" in alphabetical order.

Supplement No. 1 to Part 738 - (COMMERCE COUNTRY CHART)

*	*	*	*	*

*	*	*
Commerce Country Chart
Reason for Control
Countries	Chemical & Biological

Weapons	Nuclear

Nonproliferation	National

Security	Missile

Tech	Regional

Stability	Firearms

Convention	Crime

Control	Anti-

Terrorism
CB

1	CB

2	CB

3	NP

1	NP

2	NS

1	NS

2	MT

1	RS

1	RS

2	FC

1	CC

1	CC

2	CC

3	AT

1	AT

2
Macau	X	X	X	X	X	X	X	X	X	X	X

*	*	*

*	*	*	*	*

PART 740 - [AMENDED]

4. Section 740.7 is amended by revising the phrase "Macedonia (The Former

Yugoslav Republic of), Mauritania," in paragraph (d)(1) to read "Macedonia (The Former Yugoslav

Republic of), Macau, Mauritania,";

5. Supplement No. 1 to part 740 is amended by adding, in alphabetical order,

"Macau" to Country Group D to read as follows:

Supplement No. 1 to Part 740 - (COUNTRY GROUP D)

*	*	*	*	*

*	*	*

Country Group D

[D: 1]	[D: 2]	[D: 3]	[D: 4]
Country	National	Nuclear	Chemical &	Missile
Security	Biological	Technology
Macau	X	X	X

*	*	*

*	*	*	*	*

Dated:

R. Roger Majak

Assistant Secretary for

Export Administration