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12/10/03
68 FR 68975
December 2002 Wassenaar Arrangement Plenary Agreement Implementation: Categories
1, 2, 3, 4, 5, 6, and 7 of the Commerce Control List, and Reporting Requirements
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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 2002 meeting, to make necessary revisions to reporting requirements and License Exception GOV restrictions, and to add a statement of understanding for medical equipment.
12/01/03
Comments Due 12/22/03
68 FR 67147
Impact of Implementation of the Chemical Weapons Convention on Commercial Activities
Involving "Schedule 1" Chemicals through Calendar Year 2003
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On December 1, 2003, the Bureau of Industry and Security (BIS) published a notice of enquiry seeking public comments on the impact that implementation of the Chemical Weapons Convention has had on commercial activities involving "Schedule 1" chemicals through calendar year 2003. This notice is part of an effort to collect information to assist 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.
12/01/03
68 FR 67030
Revisions and Clarifications to the Export Administration Regulations -- Chemical and
Biological Weapons Controls: Australia Group; Chemical Weapons Convention; Correction
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On Tuesday, June 10, 2003 (68 FR 34526), the Bureau of Industry and Security (BIS) published a final rule that amended the Export Administration Regulations (EAR) to implement the understandings reached at the June 2002 plenary meeting of the Australia Group (AG). The June 10, 2003, final rule contained errors in the List of Items Controlled for Export Control Classification Numbers (ECCNs) 2E001 and 2E002 on the Commerce Control List (CCL), as well as an error in the licensing policy provisions of the EAR that apply to items identified on the AG lists. This document corrects those errors.
11/12/03
68 FR 64009
Mandatory Use of Simplified Network Application Processing System -- Proposed Rule
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This proposed rule would require that a new version of BIS's internet based Simplified Network Application Processing System (SNAP+) be used to submit all export and reexport license applications (except those for Special Comprehensive Licenses), encryption review requests, classification requests and License Exception AGR notifications. It would also require that documents that must be submitted with those filings be "attached" as PDF files that, if they contain text, are text searchable. The proposed rule would also set forth the procedures for implementing SNAP+ and the responsibilities of users of the system. The deadline for comment on this proposed rule is January 12, 2004.
10/24/03
68 FR 60891
Computer Technology and Software, and Microprocessor Technology Eligible for Export
or Reexport Under License Exception (Proposed Rule)
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The Bureau of Industry and Security (BIS) proposes to expand the availability of license exceptions for exports and reexports of computer technology and software, and microprocessor technology on the Commerce Control List (CCL) of the Export Administration Regulations (EAR) under Export Classification Control Numbers (ECCNs) 3E002, 4D001 and 4E001. These ECCNs control technology and software that can be used for the development, production, or use of computers, and development and production of microprocessors. The goal of this proposed rule is to solicit public comments to assist BIS in evaluating the effect of the proposed amendments. In addition, this proposed rule requests industry to suggest alternatives for a different method or parameter for controlling exports of computers and microprocessors, and the technology and software therefore. Comments must be received by November 24, 2003.
10/22/03
68 FR 60288
Addition of Kazakhstan to the Nuclear Suppliers Group (NSG), and other revisions.
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As a result of the admission of Kazakhstan to the Nuclear Suppliers Group (NSG), this rule amends the Export Administration Regulations (EAR) to add Kazakhstan to Country Group A, Column A:4, which identifies the member countries of the NSG, and to the definition of "Nuclear Suppliers Group." The NSG member countries have agreed to establish export licensing procedures for the transfer of items identified on the Annex to the "Nuclear-Related Dual-Use Equipment, Materials, and Related Technology List," which is published by the International Atomic Energy Agency.
09/22/03
68 FR 54655
Revisions to the Export Administration Regulations Based on the 2002 Missile Technology Control Regime Plenary Agreements
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SUMMARY: The Bureau of Industry and Security (BIS) is amending 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 September 2002 Plenary in Warsaw, Poland. BIS is also amending certain entries on the CCL to clarify the scope of and jurisdiction for controls on global navigation satellite receiving equipment.
09/17/03
68 FR 54402
Export Administration Regulations: Penalty Guidance in the Settlement of Administrative Enforcement Cases--PROPOSED RULE
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The Bureau of Industry and Security (BIS) proposes to amend the Export Administration Regulations by incorporating guidance on how BIS makes penalty determinations when settling administrative enforcement cases under part 766 of the Export Administration Regulations (EAR), 15 CFR §§ 730-799 (2003). This guidance also addresses related aspects of how BIS responds to violations of the EAR, such as charging decisions. This rule also proposes to amend parts 764 and 766 of the EAR to conform to this guidance.
08/21/03
Effective Date 09/22/03
68 FR 50470
Export Clearance--Conformance of Export Administration Regulations with Foreign Trade Statistics Regulations
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This rule amends the Export Administration Regulations (EAR) to add references to the Automated Export System (AES) and to conform the EAR to certain provisions of the Foreign Trade Statistics Regulations (FTSR) including provisions related to AES promulgated at 68 FR 42534 on July 17, 2003. It does so by adding references to the AES at a number of places that references to SEDs appear in the EAR. This rule is needed because, without it, some sections of the EAR would appear to require that an SED be filed, when the FTSR specifically require that the filing be by AES. This rule amends the EAR to conform to the FTSR with respect to provisions that govern when a filing is required that evaluation of letters of intent to used option 4 (post departure filing). It also removes some obsolete references and makes some terminology in Part 758 to that used in other parts of the EAR. It also conforms some terminology in part 758 to that found elsewhere in the EAR and updates references to another government agency to reflect a name change.
06/30/03
68 FR 38599
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 (Final rule; correcting amendments)
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On November 25, 2002, the Bureau of Industry and Security (BIS) published a final rule (67 FR 70545) that amended 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). This rule corrects inadvertent errors in Category 6 - Sensors and Lasers - of the Commerce Control List made by the November 25, 2002 rule.
06/17/03
68 FR 35783
Export Administration Regulations: Encryption Clarifications and Revisions.
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This rule amends the Export Administration Regulations (EAR) to clarify when encryption commodities and software may be given de minimis treatment, when short-range wireless devices incorporating encryption may be given mass market or retail treatment, and to provide guidance on when exporters are required to submit encryption review requests. It also expands the authorizations according to which travelers departing the United States may take encryption for their personal use, and clarifies that specially designed medical equipment and software are not controlled as encryption or "information security" items under the EAR. Finally this rule implements changes to the Wassenaar Arrangement List of dual-use items (agreed upon in the September 2002 meeting and finalized in December 2002) that eliminate from Export Control Classification Number (ECCN) 5A002 certain types of "Personalized smart cards" and equipment specially designed and limited to controlling access to copyright protected data.
06/10/03
68 FR 34526
Implementation of the Understandings Reached at the June 2002 Australia Group (AG) Plenary Meeting and the AG Intersessional Decision on Cross Flow Filtration Equipment Chemical and Biological Weapons Controls in the Export Administration Regulations.
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This rule amends the Export Administration Regulations (EAR) to implement the understandings reached at the June 2002 plenary meeting of the Australia Group (AG). These AG-related changes to the EAR include: (1) revising the control threshold on fermenters described in Export Control Classification Number (ECCN) 2B352; (2) adding eight new toxins to the list of AG-controlled human and zoonotic pathogens and toxins described in ECCN 1C351; and (3) amending the AG-based licensing policy provisions in §742.2 of the EAR to conform with the policies outlined in the AG "Guidelines for Transfers of Sensitive Chemical or Biological Items."
This rule also implements an AG intersessional decision by revising the control threshold for cross (tangential) flow filtration equipment in ECCN 2B352. In addition, this rule amends several entries on the Commerce Control List (CCL) to make editorial corrections and to clarify the scope of certain AG controls. Finally, this rule updates the list of States Parties to the Chemical Weapons Convention (CWC) by adding Andorra, Guatemala, Palau, Saint Vincent and the Grenadines, Samoa, and Thailand.
06/06/03
68 FR 34192
Imposition and Expansion of Controls on Designated Terrorists
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This rule amends the Export Administration Regulations (EAR) by imposing a license requirement on the export and reexport of any item subject to the EAR by a U.S. person or non-U.S. person to persons designated in or pursuant to Executive Order 13224 of September 23, 2001. In response to grave acts of terrorism and threats of terrorism, Executive Order 13224 blocks the property and interests in property of persons listed in an Annex to the order and persons designated by the Secretary of State or the Secretary of the Treasury pursuant to criteria set forth in the order. Executive Order 13224 also prohibits U.S. persons from engaging in any transactions with such blocked persons. The Department of the Treasury's Office of Foreign Assets Control (OFAC) announces the names of persons designated pursuant to Executive Order 13224 in the Federal Register and includes such persons in a listing of persons subject to various sanctions programs administered by OFAC. The Department of State also announces the names of foreign persons designated pursuant to Executive Order 13224 in the Federal Register. All persons designated in or pursuant to Executive Order 13224 are identified by the bracketed initials [SDGT] in the Department of Treasury listing and are also known as Specially Designated Global Terrorists (SDGTs). This rule also amends the EAR by expanding reexport controls on Specially Designated Terrorists (SDTs) and Foreign Terrorist Organizations (FTOs). OFAC also includes SDTs and FTOs in the Department of Treasury listing and identifies them by the bracketed initials [SDT] and [FTO], respectively.
04/03/03
68 FR 16208
Exports and Reexports of Explosives Detection Equipment and Related Software and
Technology; Imposition and Expansion of Foreign Policy Controls
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The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations to expand the scope of explosives detection equipment controlled under Export Classification Control Number (ECCN) 2A983, previously 2A993, to include equipment that detects the presence of explosives, explosive residue, or detonators. BIS is also expanding controls on the export and reexport of such explosives detection equipment by imposing regional stability (RS) controls and clarifying the previously-existing anti-terrorism (AT) controls on this equipment. BIS is also imposing RS and AT controls on related software and technology, previously EAR99, but now classified under newly created ECCNs 2D983 and 2E983. This rule makes available for most destinations the use of License Exception Servicing and Replacement of Parts and Equipment (RPL) for one-for-one replacement of parts, and servicing and replacement of explosives detection equipment controlled under ECCN 2A983 that was legally exported or reexported and related software controlled under ECCN 2D983. License Exception Technology and Software - Unrestricted (TSU) may also be used to export or reexport certain operation technology and software controlled under ECCNs 2D983 and 2E983. Special records must be maintained when utilizing such License Exceptions. License Exception Governments, International Organizations, and International Inspections Under the Chemical Weapons Convention (GOV) also is available to export and reexport items controlled under ECCNs 2A983, 2D983 and 2E983 for official use by personnel and agencies of the U.S. Government.
04/02/03
68 FR 16144
Revisions to the Export Administration Regulations Related to the Missile Technology
Control Regime (MTCR)
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The Bureau of Industry and Security (BIS) has amended the Commerce Control List (CCL) to reflect the reformatted Missile Technology Control Regime (MTCR) Annex of October 14, 1999. This final rule also amends Country Group A:2, MTCR, to add the Czech Republic, Korea (Republic of), Poland, Turkey, and Ukraine to reflect their membership in the MTCR. This revision also corrected the control text in 9B106 that erroneously captured standalone altitude chambers, and corrected the MT/NP reason for control of spin forming and flow forming machines described in 2B009.
03/28/03
68 FR 15151
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 adds Brilliant Intervest (located in Malaysia) to the Unverified List and removes Xian XR Aerocomponents Co., Ltd. (located in the People's Republic of China) from the "Unverified List." BIS established the "Unverified List" 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.
03/05/03
68 FR 10586
Implementation of the 2002 Wassenaar Arrangement List of Dual-Use Items: Revisions to Categories 2, 3, 4, 5, 6, 7, 8, and 9 of the Commerce Control List, General Software Note, and Reporting Requirements
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The purpose of this final rule is to make the necessary changes to the Commerce Control List (specifically, certain entries controlled for national security reasons in Categories 2, 3, 4, 5 Part I (telecommunications), 5 Part II (information security), 6, 7, 8, and 9) to implement revisions to the Wassenaar List that were agreed upon in the February 2002 meeting (and finalized in May 2002) and to make necessary revisions to License Exception GOV, reporting requirements, definitions, and the General Technology and Software Notes. The changes that affected microprocessors were published in a separate rule on January 14, 2003 (68 FR 1796).
01/14/03
68 FR 1796
Revision of Export Controls for General Purpose Microprocessors
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The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to implement revisions to national security controls for microprocessors that were agreed upon in the February 2002 meeting of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement). This final rule removes license requirements for exports and reexports of general purpose microprocessors to most destinations to conform with changes in the List of Dual-Use Goods and Technologies maintained and agreed to by governments participating in the Wassenaar Arrangement. This rule retains license requirements for exports and reexports to designated terrorist-supporting countries. In addition, this rule establishes a new license requirement for the export or reexport of general purpose microprocessors if, at the time of the export or reexport, the exporter or reexporter knows, has reason to know, or is informed by BIS that the item will be or is intended to be used for a `military end-use' in a country that is of concern for national security reasons or by a `military end-user' in such a country. This license requirement does not apply to items for the official use by personnel and agencies of the U.S. Government or agencies of a cooperating government in a country of concern for national security reasons. The license review standard for applications to export or reexport general purpose microprocessors subject to this license requirement is a presumption of denial. No license exceptions are available for this license requirement.
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