[Federal Register: February 18, 2005 (Volume 70, Number 33)]
[Rules and Regulations]
[Page 8251-8253]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18fe05-8]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 740
[Docket No. 050209030-5030-01]
RIN 0694-AD38
Revision of License Exception TMP for Activities by Organizations
Working To Relieve Human Suffering in Sudan
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: 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.
DATES: This rule is effective on February 18, 2005.
FOR FURTHER INFORMATION CONTACT: Eric Longnecker, Foreign Policy
Division, Office of Nonproliferation and Treaty Compliance, 202-482-
5537, elongnec@bis.doc.gov.
SUPPLEMENTARY INFORMATION: This rule revises License Exception TMP (15
CFR 740.9) to authorize certain exports, but not reexports, to Sudan of
certain commodities and software that otherwise would require a license
pursuant to Sec. 742.10 or Sec. 742.15 of the EAR. This rule makes
the tools of trade provisions of License Exception TMP available to (1)
non-governmental organizations that are engaged in activities to
relieve human suffering in Sudan and that are registered by the
Department of the Treasury, Office of Foreign Assets Control (OFAC)
pursuant to 31 CFR 538.521, or (2) organizations that are authorized by
OFAC to take actions, for humanitarian purposes, that otherwise would
be prohibited by the Sudanese Sanctions Regulations (31 CFR part 538),
or (3) staff or employees of either such type of organization. Under
this rule, those parties are authorized, under section 740.9(a)(i) of
the EAR, to export to Sudan certain basic telecommunications equipment
controlled under Export control Classification Number (ECCN) 5A991 such
as cell phones, personal digital assistants and other wireless handheld
devices, personal computers (including laptops) controlled under ECCN
4A994 that do not exceed a composite theoretical performance of 6,500
millions of theoretical operations per second (MTOPS), and global
positioning system (GPS) or similar satellite receivers controlled
under ECCN 7A994. These revisions to License Exception TMP also allow
the export of related software controlled under ECCNs 4D994 and 5D992
for the use of such telecommunications equipment or computers. The
software must be loaded onto the commodity prior to being exported and
remain loaded on the commodity while in Sudan. This rule also
authorizes parts and components of those ECCN 5A991 and 4A994 devices
that are controlled under ECCN 5A992 and that are installed with, or
contained in, such computers or equipment to be exported under License
Exception TMP. The parts and components must remain installed with, or
contained in, such computers or equipment while in Sudan. The tools of
trade must accompany (either hand carried or as checked baggage) a
member of the staff or an employee of such an organization to Sudan.
In connection with the temporary tools of trade exports that it
authorizes pursuant to License Exception TMP, this rule employs the
term ``staff and employees'' rather than the term ``employees'' that
applies to other temporary tools of trade exports under License
Exception TMP. The broader term will allow the use of License Exception
TMP for temporary tools of trade exports by persons traveling to Sudan
at the direction of, or with the knowledge of, an organization
registered pursuant to 31 CFR 538.521 or an organization authorized by
OFAC to take actions, for humanitarian purposes, that otherwise would
be prohibited by the Sudanese Sanctions Regulation (31 CFR part 538) to
assist in the work of such organization in Sudan, even if such person
is not an employee of such organization. For example, a health care
worker traveling from the United States to Sudan, at the direction of,
or with the knowledge of, an eligible organization to act as a
volunteer providing medical care as part of the activities of that
organization would be considered ``staff'' under this rule, even if
that person is not an employee of the eligible organization. This rule
makes no such expansion of eligibility for use of License Exception TMP
for temporary tools of trade exports to destinations other than Sudan.
Exports made pursuant to this rule must also meet the general
requirements for temporary exports under License Exception TMP set
forth in Sec. 740.9(a) of the EAR and the specific requirements
applying to tools of trade set forth in Sec. 740.9(a)(2)(i). Such
exports are also subject to the restrictions on the use of all License
Exceptions found in Sec. 730.2 of the EAR.
BIS is publishing this rule to facilitate the activities of
organizations working to relieve human suffering in Sudan by reducing
the need for export licenses faced by such organizations, their staffs
and employees. The commodities and software being made eligible for
export under License Exception TMP by this rule do not require a
license for export or reexport to most destinations, but do require a
license for export or reexport to Sudan because that country has been
designated by the Secretary of State as a state sponsor of terrorism.
Although the Export Administration Act of 1979 (EAA), as amended,
expired on August 20, 2001, Executive Order 13222 of August 17, 2001 (3
CFR, 2001 Comp., p. 783 (2002)) as extended by the Notice of August 6,
2004, 69 FR 48763 (August 10, 2004), continues the EAR in effect under
the International Emergency Economic Powers Act (IEEPA).
Rulemaking Requirements:
[[Page 8252]]
1. This 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 shall any person 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 rule
involves a collection of information subject to the PRA that has been
approved by OMB under control number 0694-0088, ``Multi-Purpose
Application, which carries a burden hour estimate of 58 minutes to
prepare and submit form BIS-748. Send comments regarding these burden
estimates or any other aspect of these collections of information,
including suggestions for reducing the burden, to David Rostker, OMB
Desk Officer, by e-mail at david_rostker@omb.eop.gov or by fax to 202-
395-285; and to the Regulatory Policy Division, Bureau of Industry and
Security, Department of Commerce, P.O. Box 273, Washington, DC 20044.
3. This rule does not contain policies with federalism implications
as this 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 and foreign affairs
function of the United States 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 under 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. Therefore, this rule is being issued in
final form.
List of Subjects in 15 CFR Part 740
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
0
Accordingly, part 740 of the Export Administration Regulations (15 CFR
parts 730-799) is amended as follows:
PART 740--LICENSE EXCEPTIONS
0
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 6, 2004, 69 FR 48763 (August 10, 2004).
0
2. In Sec. 740.9, revise paragraph (a)(2)(i), and paragraph (a)(5) to
read as follows:
Sec. 740.9 Temporary imports, exports, and reexports (TMP).
* * * * *
(a) * * *
(2) * * *
(i) Tools of trade. Usual and reasonable kinds and quantities of
tools of trade (commodities and software) for use in a lawful
enterprise or undertaking of the exporter. The transaction must meet
the requirements of paragraph (a)(2)(i)(A) or paragraph (a)(2)(i)(B) of
this section. For exports under this License Exception of laptops,
handheld devices and other computers and equipment loaded with
encryption commodities or software, refer to interpretation 13 in Sec.
770.2 of the EAR.
(A) Destinations other than Country Group D:2 or Sudan. Exports and
reexports of tools of trade for use by the exporter or employees of the
exporter may be made to destinations other than Country Group E:2 or
Sudan. The tools of trade must remain under the ``effective control''
(see Sec. 772.1 of the EAR) of the exporter or the exporter's
employee. Eligible tools of trade may include, but are not limited to,
equipment and software as is necessary to commission or service goods,
provided that the equipment or software is appropriate for this purpose
and that all goods to be commissioned or serviced are of foreign
origin, or if subject to the EAR, have been legally exported or
reexported. Tools of trade may accompany the individual departing from
the United States or may be shipped unaccompanied within one month
before the individual's departure from the United States, or at any
time after departure.
(B) Sudan. Exports, but not reexports, of tools of trade may be
made to Sudan by: A non-governmental organization engaged in activities
to relieve human suffering in Sudan and registered by the Department of
the Treasury, Office of Foreign Assets Control (OFAC) pursuant to 31
CFR 538.521; or by an organization authorized by OFAC to take actions,
for humanitarian purposes, that otherwise would be prohibited by the
Sudanese Sanctions Regulations (31 CFR part 538); or by staff or
employees of either such type of organization. The tools of trade must
remain under the ``effective control'' (see Sec. 772.1 of the EAR) of
the exporter or its employee or staff. The tools of trade must be used
in activities to relieve human suffering and, when exported, must
accompany (either hand carried or as checked baggage) a member of the
staff or an employee of such an organization to Sudan. In this
paragraph (a)(2)(i)(B), the term ``staff'' means a person traveling to
Sudan, at the direction of, or with the knowledge of an organization
registered pursuant to 31 CFR 538.521 or an organization authorized by
OFAC to take actions, for humanitarian purposes, that otherwise would
be prohibited by the Sudanese Sanctions Regulations (31 CFR part 538),
to assist in the work of such organization in Sudan even if such person
is not an employee of such organization. The only tools of trade that
may be exported to Sudan under this paragraph (a)(2)(i) are:
(1) Personal computers (including laptops) controlled under ECCN
4A994 that do not exceed a composite theoretical performance of 6,500
millions of theoretical operations per second and ``software''
controlled under ECCNs 4D994 or 5D992 that is for the ``use'' of such
computers and that was loaded onto such computers prior to export an
remains loaded on such computers while in Sudan;
(2) Telecommunications equipment controlled under ECCN 5A991 and
``software'' controlled under ECCN 5D992 that is for the ``use'' of
such equipment and that was loaded onto that equipment prior to export
and that remains loaded on such equipment while in Sudan;
(3) Global positioning system (GPS) or similar satellite receivers
controlled under ECCN 7A994; and
(4) Parts and components that are controlled under ECCN 5A992, that
are installed with, or contained in, computers or telecommunications
equipment listed in paragraphs (a)(2)(i)(B)(1) and (2) of this section
and that remain installed with or contained in such computers or
equipment while in Sudan.
* * * * *
(5) Reexports. Commodities and software legally exported from the
United States may be reexported to a new country(ies) of destination
other than Sudan or Country Group E:2 under provisions of this
paragraph (a) provided its terms and conditions are met and the
commodities and software are returned to the country from which the
reexport occurred.
* * * * *
[[Page 8253]]
Dated: February 14, 2005.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 05-3215 Filed 2- 17-05; 8:45 am]
BILLING CODE 3510-33-M