Rules Affecting the EAR

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 Decorative Rule

Publication
Date
Federal Register
Citation
Title of Federal Register
12/29/04 69 FR 77890 Implementation of the Understandings Reached at the June 2004 Australia Group (AG) Plenary Meeting and Through a Subsequent AG Intersessional Decision; Clarifications to the Scope of ECCNs 1A004, 1A995, and 2B351; Corrections to Country Group D and ECCNs 1C355, 1C395, and 1C995; Additions to the List of States Parties to the Chemical Weapons Convention
12/23/04 69 FR 76842 Revision of Export Control Classification Number (ECCN) 2B351 to Conform with the Australia Group (AG) "Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology"
12/09/04 69 FR 71356 Encryption Export and Reexport Controls Revisions
12/01/04 69 FR 69814 Correction to Revision of Licensee's Responsibility To Communicate License Conditions
11/23/04 69 FR 68076 Revision of Licensee's Responsibility to Communicate License Conditions
11/15/04 69 FR 65555 Revised "Knowledge" Definition, Revision of "Red Flags" Guidance and Safe Harbor-Comment Period Reopened until December 15
11/15/04 69 FR 65539 Entity List: Removal of Four Russian Entities
11/12/04 69 FR 65368 Termination of Certain Emergencies with Respect to Yugoslavia and Related Removal of Restrictions on Transactions with Persons Identified by the Bracketed Initials [FRYM] Under the Export Administration Regulations
11/08/04 69 FR 64657 Revisions to the Export Administration Regulations: Removal of the List of Missile Projects and Expansion of Missile-related End-Use and End-User Controls
11/05/04 69 FR 64490 Microprocessor Technology Eligible for Export under License Exception
11/05/04 69 FR 64483 Computer Technology and Software Eligible for Export under License Exception; and Establishment of "Foreign National Review" Requirement and Procedure
10/13/04 69 FR 60829 Revised "Knowledge" Definition, Revision of "Red Flags" Guidance and Safe Harbor
10/12/04 69 FR 60545 Nomenclature Change: References to Another Agency
10/04/04 69 FR 59303 India: removal of Indian Entity and Revision in License Review Policy for Certain Indian Entities; and a Clarification; Correction
09/29/04 69 FR 58049 India: Removal of Indian Entity and Revision in License Review Policy for Certain Indian Entities; and a Clarification; Correction
09/22/04 69 FR 56693 India: Removal of Indian Entity and Revision in License Review Policy for Certain Indian Entities; and a Clarification
08/31/04 69 FR 52991 Clarification of Export Controls on Military Vehicles and Parts
07/30/04 69 FR 46069 Export and Reexport Controls for Iraq
07/19/04 69 FR 42862 Revisions of Export Licensing Jurisdiction of Certain Types of Energetic Material and Other Chemicals Based on Review of the United States Munitions List
07/15/04 69 FR 42332 Revocation of General Order No. 3 which imposed license requirements on Shaykh Hamad bin ali bin Jaber Al-Thani and entities related to or controlled by him
07/12/04 69 FR 41879 Revisions to the Export Administration Regulations To Remove Certain Regional Stability and Crime Control License Requirements to New North Atlantic Treaty Organization (NATO) Member Countries (CORRECTION)
06/28/04 69 FR 36009 Revisions to the Export Administration Regulations to Remove Certain Regional Stability and Crime Control License Requirements to New North Atlantic Treaty Organization (NATO) Member Countries
06/22/04 69 FR 34565 Revision of Export and Reexport Restrictions on Cuba
05/14/04 69 FR 26766 General Order Implementing Syria Accountability
05/06/04 69 FR 25314 December 2003 Wassenaar Arrangement Plenary Agreement Implementation: Categories 1, 2, 3, 4, 5, 6, and 7 of the Commerce Control List, and Reporting Requirements; and Interpretation Regarding NUMA Technology; Correction
05/06/04 69 FR 25312 Protective Equipment Export License Jurisdiction
05/04/04 69 FR 24508 Revisions to the Export Administration Regulations Based on the 2003 Missile Technology Control Regime Plenary Agreements
05/04/04 69 FR 24507 Amendment to the Export Administration Regulations: Correction to ECCN 1C355 on the Commerce Control List
04/29/04 69 FR 23626 Revision of Export and Reexport Restrictions on Libya
04/29/04 69 FR 23598 December 2003 Wassenaar Arrangement Plenary Agreement Implementation: Categories 1, 2, 3, 4, 5, 6, and 7 of the Commerce Control List, and Reporting Requirements; and Interpretation Regarding NUMA Technology
04/20/04 69 FR 21055 Addition of Aruba, Netherlands Antilles, East Timor, and Democratic Republic of the Congo, and Update of Country Names, in the Export Administration Regulations
04/06/04 69 FR 17926 Removal of "National Security" controls from, and imposition of "Regional Stability" controls on, certain items on the Commerce Control List; Correction
03/30/04 69 FR 16478 Removal of "National Security" Controls From, and Imposition of "Regional Stability" Controls on, Certain Items on the Commerce Control List
03/18/04 69 FR 12789 Amendments to the Export Administration Regulations (EAR) Implementing the Understandings Reached at the June 2003 Australia Group (AG) Plenary Meeting and a Subsequent AG Intersessional Decision on Certain Animal Pathogens
02/20/04 69 FR 7867 Export Administration Regulations: Penalty Guidance in the Settlement of Administrative Enforcement Cases
02/09/04 69 FR 5928 Licensing Jurisdiction for QRS11 Micromachined Angular Rate Sensors
02/06/04 69 FR 5686 Revisions and Clarifications to the Export Administration Regulations
01/22/04 69 FR 3004 Lifting of U.N. Sanctions Against UNITA - Final Rule
01/12/04 69 FR 1685 Mandatory Use of Simplified Network Application Processing System - Proposed Rule - Extension of Comment Period until February 12, 2004


12/29/04
69 FR 77890
Implementation of the Understandings Reached at the June 2004 Australia Group (AG) Plenary Meeting and Through a Subsequent AG Intersessional Decision; Clarifications to the Scope of ECCNs 1A004, 1A995, and 2B351; Corrections to Country Group D and ECCNs 1C355, 1C395, and 1C995; Additions to the List of States Parties to the Chemical Weapons Convention

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This rule amends the Export Administration Regulations (EAR) to: implement the understandings reached at the June 2004 plenary meeting of the Australia Group (AG) and through a subsequent AG intersessional decision; clarify the scope of controls on chemical detection equipment in ECCNs 1A004, 1A995, and 2B351; remove Bulgaria from Country Group D:3; and update the list in the EAR that identifies countries that are States Parties to the Chemical Weapons Convention (CWC). This rule implements the June 2004 AG understandings by: adding three bacteria and two viruses to the list of AG-controlled plant pathogens in ECCN 1C354; adding a new licensing factor to the list of factors in �2.2(b)(2) that BIS will consider when determining what action should be taken on license applications to export or reexport AG-listed items on the CCL; and removing the chemical/biological (CB) licensing requirement in ECCN 1C991 for certain medical products that contain conotoxins. This rule implements the AG intersessional decision by adding nine precursor chemicals to the list of AG-controlled precursor chemicals described in ECCN 1C350.


12/23/04
69 FR 76842
Revision of Export Control Classification Number (ECCN) 2B351 to Conform with the Australia Group (AG) "Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology"

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This rule amends the Export Administration Regulations (EAR) by removing the Technical Note at the end of Export Control Classification Number (ECCN) 2B351. BIS is removing this Technical Note, because its inclusion in ECCN 2B351 resulted in this ECCN controlling certain toxic gas monitoring systems and devices that are not identified on the AG control list, such as environmental air pollution detectors, anesthetic gas monitors for patients, and sulfur hexafluoride detectors. Furthermore, the Note, itself, does not appear on the AG control list. As a result of the removal of the Technical Note from ECCN 2B351, this ECCN no longer controls toxic gas monitoring systems having a detection capability for chemicals (other than chemical warfare agents) not specified in ECCN 1C350 that contain phosphorous, sulfur, fluorine, or chlorine.


12/09/04
69 FR 71356
Encryption Export and Reexport Controls Revisions

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This rule revises: the criteria for determining if a foreign made item incorporating U.S. origin encryption is subject to the Export Administration Regulations; the notification requirements for beta test encryption software and certain "publicly available" encryption software; and the review and reporting requirements for exports and reexports of certain encryption items under License Exception ENC that are neither "publicly available" nor eligible for "mass market" treatment. It also makes technical changes.


12/01/04
69 FR 69814
Correction to Revision of Licensee's Responsibility To Communicate License Conditions

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The Bureau of Industry and Security is correcting an interim rule that appeared in the Federal Register of November 23, 2004 (69 FR 68076). The rule amended the regulations to require licensees to communicate in writing specific licensing conditions. This rule amends the Export Administration Regulations (EAR) by correcting an error by inserting regulatory text inadvertently omitted.


11/23/04
69 FR 68076
Revision of Licensee's Responsibility to Communicate License Conditions

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This rule revises one sentence �0.7(d) of the EAR to specify that the notifications of license conditions that licensee's are required to convey to the persons to whom the license conditions apply must be in writing. The rule also makes a technical correction to the heading of part 750. This rule is effective December 23, 2004.


11/15/04
69 FR 65555
Revised "Knowledge" Definition, Revision of "Red Flags" Guidance and Safe Harbor-Comment Period Reopened until December 15

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On October 13, 2004 the Bureau of Industry and Security published a proposed rule that would revise the Export Administration Regulations in three ways: revise the knowledge definition, revise the "red flags" guidance; and create a safe harbor from certain knowledge based violations. The deadline for public comment was November 12, 2004 (69 FR 60829). The Bureau is now reopening the comment period until December 15, 2004 to allow the public more time to comment on this proposed rule.


11/15/04
69 FR 65539
Entity List: Removal of Four Russian Entities

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This final rule amends the Export Administration Regulations by removing four Russian entities from the Entity List, and by removing certain license requirements for exports and reexports to these entities, in conformance with a determination of the Department of State to remove nonproliferation measures imposed on these entities in 1998 and 1999. The Russian entities to be removed are: 1) Europalace 2000; 2) Grafit (aka State Scientific Research Institute of Graphite or NIIGRAFIT); 3) MOSO Company; and 4) The Scientific Research and Design Institute of Power Technology (aka NIKIET, Research and Development Institute of Power Engineering (RDIPE), and ENTEK).


11/12/04
69 FR 65368
Termination of Certain Emergencies with Respect to Yugoslavia and Related Removal of Restrictions on Transactions with Persons Identified by the Bracketed Initials [FRYM] Under the Export Administration Regulations

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In this rule, the Bureau of Industry and Security amends the Export Administration Regulations to delete the section that sets forth license requirements for exports and reexports to designated persons identified by the bracketed initials [FRYM]. The Department of the Treasury, Office of Foreign Assets Control (OFAC) used the bracketed initials [FRYM] to identify certain persons on the list of Specially Designated Nationals and Blocked Persons. OFAC discontinued the use of those bracketed initials following the termination of certain national emergencies with respect to Yugoslavia


11/08/04
69 FR 64657
Revisions to the Export Administration Regulations: Removal of the List of Missile Projects and Expansion of Missile-related End-Use and End-User Controls

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This interim rule amends the Export Administration Regulations (EAR) by removing the list of missile projects of concern and expanding license requirements for missile-related end-users and end-uses. This rule expands the scope of end-uses to which a license requirement applies to include certain rocket and unmanned air vehicle activities in certain countries of concern for missile proliferation reasons. In addition, this rule implements a new license requirement for exports, reexports and transfers anywhere in the world that applies when you know or are informed that an item subject to the EAR will be used in rocket systems or unmanned air vehicles of any range for the delivery of chemical, biological or nuclear weapons. These changes to the end- use and end-user controls are necessary to meet U.S. nonproliferation objectives and are consistent with the Missile Technology Control Regime (MTCR) Guidelines.


11/05/04
69 FR 64490
Microprocessor Technology Eligible for Export under License Exception

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The Bureau of Industry and Security (BIS) is expanding the availability of License Exception CIV for certain deemed exports of microprocessor technology on the Commerce Control List (CCL) of the Export Administration Regulations (EAR) under Export Classification Control Numbers (ECCN) 3E001 and 3E002. These ECCNs control technology that can be used for the development and production of microprocessors. This final rule partially implements a proposed rule published on October 24, 2003. The proposed rule included the export and reexport of general purpose microprocessor technology under License Exception CIV, while this final rule limits License Exception CIV eligibility to deemed exports for certain microprocessor technology. BIS has determined that further liberalization of controls on exports of microprocessor technology must await agreement in the Wassenaar Arrangement. This rule also establishes a "Foreign National Review (FNR)" requirement under License Exception CIV for deemed exports of microprocessor technology to certain eligible foreign nationals.


11/05/04
69 FR 64483
Computer Technology and Software Eligible for Export under License Exception; and Establishment of "Foreign National Review" Requirement and Procedure

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This final rule expands the availability of license exceptions for certain deemed exports of computer technology and source code under the Export Administration Regulations (EAR), partially implementing the expansion set forth in a proposed rule published on October 24, 2003. In addition, this final rule clarifies certain provisions of License Exception CTP. This rule also establishes a new "Foreign National Review (FNR)" requirement for deemed exports of technology or source code under License Exception CTP.


10/13/04
69 FR 60829
Revised "Knowledge" Definition, Revision of "Red Flags" Guidance and Safe Harbor

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This proposed rule would revise the knowledge definition in the Export Administration Regulations to incorporate a "reasonable person" standard and to replace the phrase "high probability" with the phrase "more likely than not." It also would update the "red flags" guidance and would provide a safe harbor from liability arising from knowledge under that definition. Comments are due by November 12.


10/12/04
69 FR 60545
Nomenclature Change: References to Another Agency

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This final rule amends the Export Administration Regulations (EAR) to update certain references to the U.S. State Department's Directorate of Defense Trade Controls. The EAR contain references to this agency under its current name and under its former name, the Office of Defense Trade Controls. This amendment will remove the possibility that a member of the public might think that two different offices are being referenced.


10/04/04
69 FR 59303
India: removal of Indian Entity and Revision in License Review Policy for Certain Indian Entities; and a Clarification; Correction

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In rule document 04-21837 beginning on page 58049 in the issue of September 29, 2004, make the following correction: PART 744, Supplement 4--[Corrected] 1. On page 58050, under the table 憫SUPPLEMENT No. 4 TO PART 744, ENTITY LIST-Continued'', in the first column 憫Country/Entity'', in the first line 憫Dpeartment'' should read 憫Department'' 2. On the same page, under the same table, in the same column, in the 11th line 憫subjet'' should read 憫subject ''. 3. On the same page, under the same table, in the third column 憫License review policy'', in the second paragraph, in the eighth line 憫(NPI)'' should read 憫(NP1)''.


09/29/04
69 FR 58049
India: Removal of Indian Entity and Revision in License Review Policy for Certain Indian Entities; and a Clarification; Correction

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On September 22, 2004, the Bureau of Industry and Security published a Federal Register notice that, inter alia, removed an Indian entity from the Entity List and revised licensing policies for other Indian entities that appear at Supplement No. 4 to part 744 of the Export Administration Regulations. That notice was misprinted, containing typographical errors in the statement of licensing policy with respect to two Indian Department of Atomic Energy entities that are subject to International Atomic Energy Agency safeguards and in statements of Federal Register citations amending the Entity List. Additionally, the preamble in that notice should have stated that the licensing policy for the "balance of plant" portion of Indian nuclear facilities subject to International Atomic Energy Agency safeguards (Rajasthan 1 & 2 and Tarapur 1 & 2) is a presumption of approval for items not multilaterally controlled for nuclear proliferation reasons. This notice corrects those errors in Supplement No. 4 to Part 744.


09/22/04
69 FR 56693
India: Removal of Indian Entity and Revision in License Review Policy for Certain Indian Entities; and a Clarification

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On January 12, 2004, President George W. Bush announced the Next Steps in Strategic Partnership (NSSP) with India. The proposed cooperation outlined in the NSSP will progress through a series of reciprocal steps that build on each other, including steps related to enhancing cooperation in peaceful uses of space technology and steps to create the appropriate environment for successful high technology commerce. This rule implements three initial steps the United States has agreed to take under the NSSP. These steps are: 1) to remove the Indian Space Research Organization (ISRO) Headquarters, Bangalore from the Department of Commerce Entity List; 2) to remove the export license requirements for items subject to the Export Administration Regulations (EAR) having a classification of EAR99 or a classification where the third through fifth digits of the Export Commodity Classification Number (ECCN) are "999", e.g. XX999, for the seven (7) ISRO subsidiaries listed on the Entity List; and 3) establish a presumption of approval for all items not controlled for multilateral nuclear proliferation reasons (NP1) going to the "balance of plant" portion of Indian nuclear facilities subject to International Atomic Energy Agency safeguards (Rajasthan 1 & 2 and Tarapur 1 & 2).

This rule also makes one clarification in order to make clear the longstanding interpretation that information regarding the Entity List published in the Federal Register is intended to inform the public, not simply to inform exporters.

NOTE: The Office of the Federal Register made errors when printing this rule, therefore, a correction rule will be forthcoming.


08/31/04
69 FR 52991
Clarification of Export Controls on Military Vehicles and Parts

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This rule clarifies the export controls on parts and components of certain military ground vehicles, adds a new class of vehicles to the Commerce Control List (CCL) and provides guidance for classifying ground vehicles that are subject to the Export Administration Regulations and distinguishing those vehicles from those that are subject to the International Traffic in Arms Regulations.


07/30/04
69 FR 46069
Export and Reexport Controls for Iraq

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This rule amends the Export Administration Regulations (EAR) to implement the reversion to the Department of Commerce, from the Department of the Treasury, of the licensing responsibility for exports and reexports to Iraq of items subject to the EAR. In addition, a license will be required for certain transfers, within Iraq, of items subject to the EAR. This rule is consistent with United Nations Security Council Resolutions 1483 (2003) and 1546 (2004), which lifted the comprehensive United Nations trade embargo imposed on Iraq, but retained an embargo on arms and related mat閞iel and their means of production.


07/19/04
69 FR 42862
Revisions of Export Licensing Jurisdiction of Certain Types of Energetic Material and Other Chemicals Based on Review of the United States Munitions List

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This rule removes from the Commerce Control List six chemicals that have been added to the United States Munitions List. It also adds to the Commerce Control List one energetic chemical, Chemical Weapons Convention Schedule 3 chemical, one group of oxidizers, and liquid pepper, all of which have been removed from the United States Munitions List.


07/15/04
69 FR 42332
Revocation of General Order No. 3 which imposed license requirements on Shaykh Hamad bin ali bin Jaber Al-Thani and entities related to or controlled by him

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In this final rule, the Bureau of Industry and Security revokes General Order No. 3 of the Export Administration Regulations (EAR). General Order No. 3 imposed a license requirement for exports and reexports of all items on the Commerce Control List destined to or for Shaykh Hamad bin Ali bin Jaber Al-Thani and listed entities related to or controlled by him. This rule also removes a related provision of the EAR.


07/12/04
69 FR 41879
Revisions to the Export Administration Regulations To Remove Certain Regional Stability and Crime Control License Requirements to New North Atlantic Treaty Organization (NATO) Member Countries (CORRECTION)

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The Office of the Federal Register made inadvertent errors when publishing the NATO regulation that was published in the Federal Register on June 28, 2004 (69 FR 36009). In Supplement No. 1 to part 738 "Commerce Country Chart," there should have been an "X" placed in MT:1 and RS:1 for Bulgaria and Latvia; and there should not have been an "X" in NP:2 for Latvia. This rule corrects these errors.


06/28/04
69 FR 36009
Revisions to the Export Administration Regulations to Remove Certain Regional Stability and Crime Control License Requirements to New North Atlantic Treaty Organization (NATO) Member Countries

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The Bureau of Industry and Security 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 Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to reflect the accession of those countries to the North Atlantic Treaty Organization (NATO) on March 29, 2004. In addition, this rule makes certain conforming corrections and clarifications.

NOTE: The Office of the Federal Register made inadvertent errors when publishing this rule. In Supplement No. 1 to part 738 "Commerce Country Chart," there should have been an "X" placed in MT:1 and RS:1 for Bulgaria and Latvia; and there should not have been an "X" in NP:2 for Latvia. The Office of the Federal Register published a correction on 07/12/04. PDF || ASCII


06/22/04
Effective 06/30/04
69 FR 34565
Revision of Export and Reexport Restrictions on Cuba

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This rule places new limits on gift parcels and personal baggage and revises licensing policy regarding vessels and aircraft going to Cuba. It places new restrictions on the permitted contents of gift parcels, the frequency with which they may be sent and the donees to whom they may be sent. It also limits personal baggage under a Commerce license exception to 44 lbs. for most travelers to Cuba. It states that BIS will consider on a case-by-case applications for vessels and aircraft on temporary sojourn to deliver humanitarian goods or services, or consistent with U.S. foreign policy interests. These changes implement certain recommendations in the May 2004 Report to the President from the Commission on Assistance to a Free Cuba.


05/14/04
69 FR 26766
General Order Implementing Syria Accountability

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The Bureau of Industry and Security is amending the Export Administration Regulations (EAR) by adding new General Order No. 2 to Supplement No. 1, Part 736. Section 5(a)(1) of the Syria Accountability and Lebanese Sovereignty Act of 2003 (the SAA), requires a prohibition on the export to Syria of all items on the Commerce Control List (CCL). The SAA also requires that the President impose two or more of the six additional sanctions set forth in the SAA. One of the additional sanctions chosen by the President prohibits the export to Syria of products of the United States, other than food and medicine. This Order is issued consistent with Executive Order 13338 of May 11, 2004 which implements the SAA.


05/06/04
69 FR 25314
December 2003 Wassenaar Arrangement Plenary Agreement Implementation: Categories 1, 2, 3, 4, 5, 6, and 7 of the Commerce Control List, and Reporting Requirements; and Interpretation Regarding NUMA Technology; Correction

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The Bureau of Industry and Security published in the Federal Register of April 29, 2004 [69 FR 23598], a final rule that revised certain entries controlled for national security reasons in Categories 1, 2, 3, 4, 5 Part I (telecommunications), 5 Part II (information security), 6, and 7 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). Part of the Related Controls paragraph in the List of Items Controlled section of ECCN 3A001 was inadvertently deleted. This document corrects this error.


05/06/04
69 FR 25312
Protective Equipment Export License Jurisdiction

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This rule revises Export Control Classification Number (ECCN) 1A004 to conform to language in the Wassenaar Arrangement List of Dual Use Goods and Technologies entry 1.A.4 (the Dual Use List) thereby imposing national security and anti-terrorism license requirements on those items. It also creates a new ECCN 1A995 to impose antiterrorism controls on certain items that are excluded from that entry of the Dual Use List.


05/04/04
69 FR 24508
Revisions to the Export Administration Regulations Based on the 2003 Missile Technology Control Regime Plenary Agreements

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This rule amends the EAR Commerce Control List to reflect changes to the Missile Technology Control Regime (MTCR) Annex agreed to at the September 2003 MTCR Plenary held in Buenos Aires, Argentina. All revisions and additions are made to ensure that items that can be utilized in missiles of MTCR concern are appropriately controlled.


05/04/04
69 FR 24507
Amendment to the Export Administration Regulations: Correction to ECCN 1C355 on the Commerce Control List

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This rule amends the EAR to correct the description of certain precursor chemicals on the Commerce Control List to make it consistent with the list of "Schedule 2" chemicals under the Chemical Weapons Convention.


04/29/04
69 FR 23626
Revision of Export and Reexport Restrictions on Libya

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In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement the President's April 23, 2004, decision to revise United States sanctions against Libya. This rule also implements the transfer to the Department of Commerce from the Department of Treasury of the licensing jurisdiction for exports to Libya of items subject to the EAR.


04/29/04
69 FR 23598
December 2003 Wassenaar Arrangement Plenary Agreement Implementation: Categories 1, 2, 3, 4, 5, 6, and 7 of the Commerce Control List, and Reporting Requirements; and Interpretation Regarding NUMA Technology

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This final rule revises certain entries controlled for national security reasons in Categories 1, 2, 3, 4, 5 Part I (telecommunications), 5 Part II (information security), 6, and 7 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 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 2003 meeting. In addition, this rule adds a paragraph to Interpretation 12 "Computers" to provide guidance as to how to calculate the Composite Theoretical Performance (CTP) for computer systems with 憂on-uniform memory access' (NUMA) architecture, and to define NUMA.


04/20/04
69 FR 21055
Addition of Aruba, Netherlands Antilles, East Timor, and Democratic Republic of the Congo, and Update of Country Names, in the Export Administration Regulations

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The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to update the Country Chart to add East Timor and the Democratic Republic of the Congo, to establish separate export licensing requirements for Aruba and Netherlands Antilles, and to update references to certain countries to reflect their officially recognized names.


04/06/04
69 FR 17926
Removal of "National Security" controls from, and imposition of "Regional Stability" controls on, certain items on the Commerce Control List; Correction

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The Bureau of Industry and Security published in the Federal Register of March 30, 2004 (69 FR 16478), a final rule that replaced national security export and reexport controls on certain items with regional stability controls. That document inadvertently misstated a cross reference to Export Control Classification Number 0A984 as 0984. It also misstated a reference to Country Chart column "AT Column 1" as "AT Column". This document corrects those errors.


03/30/04
69 FR 16478
Removal of "National Security" Controls From, and Imposition of "Regional Stability" Controls on, Certain Items on the Commerce Control List

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This rule amends the Commerce Control List to remove national security controls from and apply regional stability controls to four items. This rule is issued to make the EAR conform to the requirements of �c)(6)(A) of the Export Administration Act, which provides for expiration of unilateral national security controls after six months.


03/18/04
69 FR 12789
Amendments to the Export Administration Regulations (EAR) Implementing the Understandings Reached at the June 2003 Australia Group (AG) Plenary Meeting and a Subsequent AG Intersessional Decision on Certain Animal Pathogens

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This rule amends the Export Administration Regulations (EAR) to implement the understandings reached at the June 2003 plenary meeting of the Australia Group (AG) by: (1) adding twelve viruses to the list of AG-controlled human and zoonotic pathogens described in ECCN 1C351.a; (2) adding two bacteria to the list of AG-controlled human and zoonotic pathogens and toxins described in ECCN 1C351.c; and (3) revising the Technical Note that follows ECCN 1C353.a to make a conforming change based on the addition of enterohaemorrhagic Escherichia coli, serotype O157 and other verotoxin producing serotypes to ECCN 1C351.c. This rule also implements an AG intersessional decision, which was adopted after the June 2003 AG plenary meeting, by adding two viruses to the list of AG-controlled animal pathogens in ECCN 1C352. Finally, this rule updates the list of States Parties to the Chemical Weapons Convention (CWC) by adding nine countries that have recently become States Parties to the CWC: Afghanistan, Belize, Cape Verde, Kyrgyzstan, Libya, Sao Tome and Principe, Timor Leste (East Timor), Tonga, and Tuvalu.


02/20/04
69 FR 7867
Export Administration Regulations: Penalty Guidance in the Settlement of Administrative Enforcement Cases

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This rule provides on how BIS determines what penalty is appropriate for the settlement of an administrative enforcement case and when warning letters should be issued. It identifies both general factors and specific mitigating and aggravating factors which BIS typically considers The guidance does not apply to antiboycott matters arising under part 760 of the EAR. It reflects BIS's evaluation of the comments received on the proposed rule of September 17, 2003 (68 FR 54402).


02/09/04
69 FR 5928
Licensing Jurisdiction for QRS11 Micromachined Angular Rate Sensors

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This final rule amends the Export Administration Regulations (EAR) to transfer, coincident with the State Department's written commodity jurisdiction determination, licensing jurisdiction for QRS11-00100-100/101 Micromachined Angular Rate Sensors from the Department of State to the Department of Commerce when those sensors are integrated into an instrument system (CSIS) of the type described in ECCN 7A994 or aircraft of the type described in ECCN 9A991 that incorporates a CSIS that has such a sensor integrated, or are exported solely for integration into such a system. This rule also excludes systems or aircraft integrating QRS11-00100-100/101 sensors from eligibility for the de minimis provisions of the EAR, and excludes the sensors from license exception eligibility.


02/06/04
69 FR 5686
Revisions and Clarifications to the Export Administration Regulations

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This final rule amends the Export Administration Regulations (EAR) by making certain corrections and clarifications, including insertion of material inadvertently omitted from previous rules.


01/22/04
69 FR 3004
Lifting of U.N. Sanctions Against UNITA - Final Rule

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This rule amends the Export Administration Regulations (EAR) by removing from the EAR references to sanctions on Angola administered by the Department of the Treasury's Office of Foreign Assets Control (OFAC). In response to United Nations Security Council (UNSC) resolutions regarding the conflict in Angola, the President, by Executive Order, directed the Department of the Treasury to maintain sanctions on the National Union for the Total Independence of Angola (UNITA). On December 9, 2002, the UNSC terminated the sanctions previously imposed on UNITA. On May 6, 2003, consistent with the UNSC action, the President terminated the relevant Executive Orders, effectively ending U.S. sanctions. This rule amends the EAR to remove certain references to the sanctions which had been maintained by OFAC with respect to UNITA.


01/12/04
69 FR 1685
Mandatory Use of Simplified Network Application Processing System - Proposed Rule - Extension of Comment Period until February 12, 2004

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This notice extends until February 12, 2004 the deadline for public comments on the proposed rule that would require use of a revised version of the Bureau of Industry and Security's (BIS) Simplified Network Application Processing system (SNAP+). The proposed rule would require use of this system for export license applications, classification requests, encryption review requests and License Exception AGR notifications. A few exceptions would be allowed. The deadline for public comment was January 12, 2004. This extension of time would allow the public additional time to comment on the proposed rule.

 Decorative Rule

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