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11/27/02
67 FR 70926
Impact of Implementation of the Chemical Weapons Convention on Commercial Activities Involving "Schedule 1" Chemicals Through Calendar Year 2002.
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The Bureau of Industry and Security (BIS) published this notice of inquiry as part of an effort by the Department of Commerce, in consultation with other Executive Branch agencies, to collect information concerning the impact that implementation of the Chemical Weapons Convention has had on commercial activities involving "Schedule 1" chemicals through calendar year 2002. The information collected in response to this notice will be used in the preparation of the annual Presidential certification required under Condition 9 of Senate Resolution 75, April 24, 1997, in which the Senate gave its advice and consent to the ratification of the Chemical Weapons Convention.

11/25/02
67 FR 70545
Exports and Reexports to the Federal Republic of Yugoslavia: Lifting of UN Arms Embargo-Based Controls; Clarification of UN Arms Embargo-Based Controls on Rwanda
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This rule amends the Export Administration Regulations (EAR) by removing the special controls on the export and reexport of arms-related items imposed on July 14, 1998 on the Federal Republic of Yugoslavia (Serbia and Montenegro) (FRY). Consequently, arms embargo- based licensing requirements for exports and reexports of certain items subject to the EAR (e.g., water cannon) to the FRY are removed, and a case-by-case license review policy is reinstated for the export and reexport of items controlled for regional stability and crime control reasons. This rule is consistent with United Nations Security Council (UNSC) Resolution 1367 of September 10, 2001, which terminated the international arms embargo against the FRY mandated by UNSC Resolution 1160 of March 3, 1998. This rule also makes a minor clarification to the arms embargo-based controls in place with respect to Rwanda pursuant to UNSC Resolution 918 of May 17, 1994.

11/21/02
67 FR 70209
Removal of Person from the Unverified List Guidance as to "Red Flags" under Supplement No. 3 to 15 CFR Part 732.
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This notice removes S.B. Submarine Systems Co., Ltd. (located in the People's Republic of China), from the "Unverified List." This action by the Bureau of Industry and Security (BIS) follows the completion of a post-shipment verification ("PSV") at the company's facilities. BIS established the "Unverified List" effective with the publication of a notice in the Federal Register on June 14, 2002 (67 FR 40910). The "Unverified List" consists of foreign end-users and consignees that have been involved in export transactions in which BIS officials (or other federal officials acting on BIS's behalf) have been unable to perform pre-license checks ("PLC") or post-shipment verifications ("PSV") for reasons outside the control of the U.S. Government. Participation of a person on the "Unverified List" in any proposed transaction is considered by BIS to raise a "red flag" for purposes of the "Know Your Customer" guidance set forth in Supplement No. 3 to Part 732 of the Export Administration Regulations (EAR). Under that guidance, the ''red flag'' requires heightened scrutiny by the exporter before proceeding with a transaction in which a listed person is a party.

11/21/02
67 FR 70157
Corrections to Rule Entitled: Missile Technology Production Equipment and Facilities.
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On September 18, 2002, the Bureau of Industry and Security (BIS) published a final rule clarifying that all production equipment and facilities for missile technology (MT) items described in ECCNs 1B115, 1B117, 9B115, and 9B116 are subject to the EAR and controlled on the Commerce Control List (CCL). This rule corrects errors in the List of Items Controlled for Export Control Classification Numbers (ECCNs) 9B115 and 9B116 on the Commerce Control List (CCL). The September 18, 2002, final rule inadvertently omitted from the List of Items Controlled for each ECCN the Related Definitions paragraph and a reference to ECCN 9A011 in the Related Controls paragraph.

11/20/02
67 FR 70049
Protocol Additional to the Agreement Between the United States of America and the International Atomic Energy Agency Concerning the Application of Safeguards in the United States of America (short title "U.S. Additional Protocol")
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The Bureau of Industry and Security (BIS) published this notice of inquiry as part of an effort by the Department of Commerce, in consultation with other Executive Branch agencies, to collect information concerning the potential impact that implementation of the U.S. Additional Protocol could have on U.S. industry. The term "U.S. Additional Protocol" refers to the "Protocol Additional to the Agreement Between the United States of America and the International Atomic Energy Agency (IAEA) Concerning the Application of Safeguards in the United States of America." This protocol was signed by the United States in 1998 and was transmitted by the President to the Senate, on May 9, 2002, for its advice and consent to ratification. The requirements of the U.S. Additional Protocol would supplement the existing "Agreement Between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States" (U.S.-IAEA Safeguards Agreement) by expanding the declaration, reporting, and on-site access requirements of the U.S.-IAEA Safeguards Agreement to capture elements of the domestic nuclear fuel-cycle in addition to those currently covered by the Agreement.

09/23/02
67 FR 59722
Licensing Jurisdiction for "Space Qualified" Items and Telecommunications Items for Use on Board Satellites.
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This rule amends the Export Administration Regulations (EAR) by revising the Commerce Control List (CCL) (Supplement No. 1 to part 774 of the EAR) to clarify which "space qualified" items identified under certain Export Control Classification Numbers (ECCNs) on the CCL are subject to the EAR (i.e., subject to the licensing jurisdiction of the Bureau of Industry and Security, U.S. Department of Commerce). A separate rule published concurrently by the U.S. Department of State clarifies which "space qualified" items are on the U.S. Munitions List and, therefore, subject to the International Traffic in Arms Regulations (i.e., subject to the licensing jurisdiction of the Office of Defense Trade Controls, U.S. Department of State). This rule also amends the EAR by removing certain "space qualified" items, as defined in part 772 of the EAR, from License Exception eligibility in part 740 and under various ECCNs on the CCL. Finally, this rule adds "regional stability" as a reason for control for certain items in Category 6 of the CCL.

09/18/02
67 FR 58691
Missile Technology Production Equipment and Facilities
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This rule amends the Export Administration Regulations (EAR) by clarifying that all production equipment and facilities described in ECCNs 1B115, 1B117, 9B115, and 9B116 are subject to the EAR and controlled on the Commerce Control List (CCL). Commerce, State and Defense are currently reviewing control jurisdiction for specific items of equipment specially designed for the production of certain missile technology (MT) items subject to the International Traffic in Arms Regulations (ITAR). This review may result in future revisions to the EAR and the ITAR regarding specific items of specially designed MT production equipment and facilities.

08/29/02
67 FR 55594
Revisions and Clarifications to the Export Administration Regulations Nuclear Nonproliferation Controls: Nuclear Suppliers Group.
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This rule amends the Export Administration Regulations by reformatting approximately fifty Export Control Classification Numbers (ECCNs) on the Commerce Control List (CCL) to make them conform more closely with the language used to identify such items on the European Union (EU) and Nuclear Suppliers Group (NSG) dual-use lists. In addition, this rule: (1) amends the "Related Controls" paragraphs in a number of ECCNs by adding references to related items that are either controlled under other ECCNs on the CCL or controlled by other U.S. Government agencies, (2) adds "ECCN Controls" paragraphs to a number of ECCNs in order to clarify the types of items that are controlled under these ECCNs, and (3) revises the types of controls and the scope of the controls that apply to a number of ECCNs on the CCL (most of these revisions involve clarifications concerning the scope of NP controls). Finally, this rule adds Belarus, Cyprus, Slovenia, and Turkey to Country Group A:4 (Nuclear Suppliers Group), in Supplement No. 1 to Part 740 of the EAR, and revises Supplement No. 1 to Part 738 (Commerce Country Chart) to remove the licensing requirements for Belarus, Cyprus, Slovenia, and Turkey under NP Column 1 in conformance with the licensing policy that applies to other NSG member countries.

08/27/02
67 FR 54952
Revisions to the Export Administration Regulations: Denied Persons List.
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This rule amends the Export Administration Regulations (EAR) by removing references to the "Denied Persons List" maintained by the Bureau of Industry and Security (BIS). These references are removed because the list is described, but not published, in the Code of Federal Regulations. Instead, BIS maintains unofficial compilations of persons denied export privileges on a Web site and as a supplement to the unofficial edition of the EAR available by subscription from the Government Printing Office. Orders denying export privileges are published in the Federal Register when they are issued and are the legally controlling documents in accordance with their terms. This rule does not change the scope of any order denying export privileges, nor does it change the rights or duties of any person with respect to the EAR.

08/02/02
67 FR 50348
Corrections to Rule Entitled: Revisions and Clarifications to the Export Administration Regulations Chemical and Biological Weapons Controls: Australia Group; Chemical Weapons Convention.
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On May 31, 2002, the Bureau of Industry and Security (BIS) published a final rule that amended the Export Administration Regulations to implement the understandings reached at the October 2001 plenary meeting of the Australia Group (AG). This rule corrects two errors in the List of Items Controlled for Export Control Classification Number (ECCN) 2B350 on the Commerce Control List (CCL). The May 31, 2002, final rule inadvertently omitted critical components of AG-controlled chemical manufacturing equipment described in 2B350.g.

07/10/02
67 FR 45632
Industry and Security Programs
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This rule amends the Export Administration Regulations to make certain conforming changes. On April 18, 2002, the Bureau of Export Administration changed its name to the Bureau of Industry and Security, and made conforming changes in its regulations (67 FR 20630, April 26, 2002). Consistent with that change, effective May 17, 2002, the names of the "Office of Chief Counsel for Export Administration" and the "Chief Counsel for Export Administration" were changed to the "Office of Chief Counsel for Industry and Security" and the "Chief Counsel for Industry and Security," respectively. This rule makes appropriate conforming changes in the EAR.

06/14/02
67 FR 40910
List of Unverified Persons in Foreign Countries, Guidance to Exporters as to ''Red Flags''
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As part of its preventive enforcement efforts, the Bureau of Industry and Security (''BIS'') conducts pre-license checks (''PLC'') and post-shipment verifications (''PSV'') on certain export transactions. This notice sets forth a list of persons in foreign countries who were parties in past transactions where PLCs or PSVs could not be conducted for reasons outside the control of the U.S. Government. This notice also advises exporters that the involvement of a listed person as a party to a proposed transaction constitutes a ''red flag'' as described in the guidance set forth in Supplement No. 3 to 15 CFR part 732. Under that guidance, the ''red flag'' requires heightened scrutiny by the exporter before proceeding with a transaction in which a listed person is a party.

06/10/02
67 FR 39675
Notice of Inquiry: Computer Technology and Software Eligible for Export or Reexport Under License Exception TSR
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The Bureau of Industry and Security (BIS) is reviewing the current limit for use of License Exception TSR for exports and reexports of technology and software on the Commerce Control List (CCL) of the Export Administration Regulations (EAR) under Export Classification Control Numbers (ECCNs) 4D001 and 4E001. These ECCNs control technology and software that can be used for the development, production, or use of computers. The goal of this notice of inquiry is to collect information from industry that will assist BIS in evaluating whether the current TSR eligibility level of 33,000 Millions of Theoretical Operations per Second (MTOPS) for exports and reexports to most countries should be adjusted, taking into consideration the control level for the export of computer equipment and the control policies of other member countries of the Wassenaar Arrangement. Comments due by Wednesday, July 10, 2002.

06/06/02
67 FR 38855
Revisions and Clarifications to Encryption Controls in the Export Administration Regulations - Implementation of Changes in Category 5, Part 2 ("Information Security"), of the Wassenaar Arrangement List of Dual-Use Goods and Other Technologies
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This rule amends the Export Administration Regulations to reflect changes that were made in the Wassenaar Arrangement List of dual- use items. As a result of the revisions made by this rule, mass market encryption commodities and software with symmetric key lengths exceeding 64 bits may, for the first time, be exported and reexported to most destinations without a license, following a 30-day review by BIS. In addition, this rule expands License Exception ENC eligibility to authorize, for the first time, exports and reexports of information security test, inspection, and production equipment controlled under ECCN 5B002. Finally, this rule updates and clarifies the notification, review, licensing, and post-export reporting requirements that apply to certain encryption items.

05/31/02
67 FR 37977
Revisions and Clarifications to the Export Administration Regulations Chemical and Biological Weapons Controls: Australia Group; Chemical Weapons Convention
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This rule amends the Export Administration Regulations to: (1) implement the understandings reached at the October 2001 plenary meeting of the Australia Group (AG) and three AG intersessional decisions made subsequent to the 2001 plenary meeting; (2) add Bulgaria to Country Group A:3 (AG participating countries); (3) restructure several entries on the Commerce Control List (CCL) to clarify which chemical mixtures are controlled for CB (chemical/biological) or CW (chemical weapons) reasons; (4) harmonize AT (anti-terrorism) controls affecting a number of CCL entries that describe chemicals controlled for CB or CW reasons and mixtures containing these chemicals; (5) establish a worldwide licensing requirement for certain AG-controlled biological agents and related technology; (6) update the list of States Parties to the CWC; and (7) clarify the license requirements and policies that apply to reexports of CWC Schedule 3 chemicals.

05/20/02
67 FR 35428
Revisions to the Export Administration Regulations as a Result of the September 2001 Missile Technology Control Regime (MTCR) Plenary Meeting
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On May 20, 2002, the Bureau of Industry and Security (BIS), formerly the Bureau of Export Administration, published in the Federal Register a rule entitled "Revisions to the Export Administration Regulations as a Result of the September 2001 Missile Technology Control Regime (MTCR) Plenary Meeting September 2001 Missile Technology Control Regime (MTCR) Plenary Meeting." This rule amends the Export Administration Regulations (EAR) to reflect changes that were negotiated during the September 2001 MTCR Plenary held in Ottawa, Canada. These revisions include several changes to CCL entries ECCN 1C107 and ECCN 9A101. Revisions to ECCN 1C107 clarify what shapes and sizes are usable for rocket nozzles and reentry vehicle nose tips. The revisions to ECCN 9A101 expand the scope of items controlled. These revisions will have a minimal effect on the number of license applications submitted to BIS.

04/26/02
67 FR 20630
Industry and Security Programs; Change of Agency Name
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This rule implements the decision by the Department of Commerce, through an internal organizational order, to change the name of the Bureau of Export Administration to the "Bureau of Industry and Security." The new name more accurately reflects the breadth of the bureau's activities in the spheres of national, homeland, economic, and cyber security. Consistent with this name change, this rule makes a number of changes in chapter VII of title 15 of the Code of Federal Regulations. Specifically, this rule changes all references to "Bureau of Export Administration" and "BXA," wherever they appear in chapter VII, to "Bureau of Industry and Security" and "BIS," respectively. In addition, this rule changes the appropriate definitions sections to conform to the new name of the bureau, and to reflect that the Under Secretary for Export Administration concurrently holds the title of Under Secretary for Industry and Security.

03/25/02
67 FR 13566
Corrections to Rule Entitled: Revisions to License Exception CTP: Implementation of Presidential Announcement of January 2, 2002.
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On March 8, 2002 the Bureau of Export Administration (BXA) published a final rule revising License Exception CTP. This rule corrects errors in instruction 9. In rule FR Doc. 02-5562 published on March 8, 2002, (67 FR 10608), BXA makes the following corrections: on page 10610, in the third column, under part 742, in instruction 9, revise the phrase "in paragraph (b)(3)(iv)(A)" to read "in paragraph (b)(3)(iv)(A), and by revising the phrase "with a CTP greater than 85,000 MTOPS" to read "with a CTP greater than 190,000 MTOPS" in paragraph (b)(3)(i)(B)."

03/21/02
67 FR 13091
License Exception CIV Eligibility for Certain "Microprocessors" Controlled by ECCN 3A001
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This rule amends ECCN 3A001 to provide that microprocessors in subsection a.3.a. with a composite theoretical performance up to 12,000 MTOPS are eligible for License Exception CIV (section 740.5 of the EAR). License Exception CIV authorizes exports and reexports to civil end-users for civil end-uses in Country Group D:1 (see Supplement No. 1 to part 740), except North Korea. CIV may not be used for exports or reexports to military end-users or end-uses. This rule implements the announcement made by President Bush on January 2, 2002.

03/18/02
67 FR 11896
Revisions and Clarifications to the Export Administration Regulations: Czech Republic, Hungary and Poland.
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The Bureau of Export Administration maintains the Export Administration Regulations (EAR). This rule amends the EAR by removing the license requirements for certain regional stability items and for certain crime control items destined to the Czech Republic, Hungary and Poland to correctly reflect the status of those countries as NATO members.

03/18/02
67 FR 11896
Corrections to Rule Entitled: Revisions to License Exception CTP: Implementation of Presidential Announcement of January 2, 2002.
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On March 8, 2002 the Bureau of Export Administration (BXA) published a final rule revising License Exception CTP. This rule corrects errors in the rulemaking requirements section (to indicate that this rule was determined by the Office of Management and Budget to be significant for purposes of Executive Order 12866), authorities section, list of subjects, part listings, and instruction 9 (to add a missing paragraph reference).

03/18/02
67 FR 11896
Correction to Rule Entitled: Implementation of the Wassenaar Arrangement List of Dual-Use Items Revisions: Computers; and Revisions to License Exception CTP.
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On March 8, 2002 the Bureau of Export Administration (BXA) published a final rule revising the Commerce Control List to implement certain agreed changes in Category 4 (Computers) of the Wassenaar List of Dual-Use Goods and Technologies, specifically in the area of computers. This rule corrects an error in the rulemaking requirements section to indicate that this rule was determined by the Office of Management and Budget to be significant for purposes of Executive Order 12866.

03/08/02
67 FR 10608
Revisions to License Exception CTP: Implementation of Presidential Announcement of January 2, 2002.
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Although this rule was published in the Federal Register on March 8, 2002, it became effective on March 6, 2002. This rule implements the President's decision to revise U.S. export controls on high performance computers (HPCs), announced January 2, 2002. HPCs controlled by Export Control Classification Number (ECCN) 4A003 with a CTP up to 190,000 Millions of Theoretical Operations per Second (MTOPS) can be exported to Computer Tier 3 countries under License Exception CTP without advance notification. This revision also applies to electronic assemblies and specially designed components controlled by ECCN 4A003. This rule also moves Latvia from Computer Tier 3 to Computer Tier 1, effective May 2, 2002. Finally, this rule adds Australia, New Zealand, Norway, Switzerland, and Turkey to the list of countries eligible for exports and reexports of software and technology for computers with unlimited CTP under License Exception TSR.

03/08/02
67 FR 10611
Implementation of the Wassenaar Arrangement List of Dual-Use Items Revisions: Computers; and Revisions to License Exception CTP.
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Although this rule was published in the Federal Register on March 8, 2002, it became effective on March 5, 2002. On December 1, 2000, the Wassenaar Arrangement agreed to implement several changes in its List of Dual-Use Goods and Technologies. The Bureau of Export Administration has issued a final rule that revises the national security control parameters for computers[Composite Theoretical Performance (CTP) from 6,500 Millions of Theoretical Operations per Second (MTOPS) to 28,000 MTOPS] to implement recently agreed changes in Category 4 (Computers) of the Wassenaar List of Dual-Use Goods and Technologies. This rule also revises other provisions of the EAR to ensure that all regulations reflect the changes made by Wassenaar Arrangement Agreement.

1/03/02
67 FR 458
Implementation of the Wassenaar Arrangement List of Dual-Use Items: Revisions to Categories 1, 2, 3, 4, 5, 6, 7 and 9 of the Commerce Control List and Revisions to Reporting Requirements
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The Bureau of Export Administration (BXA) 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 and 9 to conform with changes in the List of Dual-Use Goods and Technologies 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 controls 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 Commerce Control List to implement revisions to the Wassenaar List that were agreed upon in the December 1, 2000 meeting and to make necessary revisions to reporting requirements. The majority of the changes that affected Category 4 items will be published in a separate rule.

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