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11/30/99
64 FR 66821
Effects of Foreign Policy-Based Export Controls
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The Bureau of Export Administration (BXA) is reviewing the foreign policy-based export controls in the Export Administration Regulations to determine whether they should be modified, rescinded or extended. To help make these determinations, BXA is seeking comments on how existing foreign policy-based export controls have affected exporters and the general public.
11/26/99
64 FR 66372
Expansion of License Exception CIV Eligibility for "Microprocessors" Controlled by ECCN 3A001 and Graphics Accelerators Controlled by ECCN 4A003
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On November 26, 1999, the Bureau of Export Administration (BXA), consistent with technological changes, adjusted the License Exception CIV eligibility level for microprocessors controlled by Export Control Classification Number (ECCN) 3A001 from a composite theoretical performance (CTP) of equal to or less than 1900 million theoretical operations per second (MTOPS) to a CTP of equal to or less than 3500 MTOPS. This rule also adjusted the License Exception CIV eligibility level for graphics accelerators controlled by Export Control Classification Number (ECCN) 4A003 from 10 million vectors per second to 75 million vectors per second. License Exception CIV is available for exports and reexports to civil end-users for civil end-uses in Country Group D:1.
11/05/99
64 FR 60339
Exports to Kosovo
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The Bureau of Export Administration (BXA) is amending the Export Administration Regulations (EAR) to exempt the Serbian province of Kosovo ("Kosovo") from certain license requirements for exports and reexports to Serbia of items subject to the Export Administration Regulations (EAR).
10/07/99
64 FR 54520
Revisions to the Commerce Control List (ECCNs 1C351, 1C991, and 2B351): Medical Products Containing Biological Toxins; and Toxic Gas Monitoring Systems and Dedicated Detectors
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This final rule amends the Commerce Control List (CCL) of the Export Administration Regulations to implement an October 1998 Australia Group agreement to amend controls on toxic gas monitoring systems and dedicated detectors. This final rule also amends the CCL to authorize, without a license, exports of medical products containing controlled biological toxins (except saxitoxin and ricin) that are developed, packaged and sold for medical treatment. This rule will result in a decreased licensing burden on U.S. industry.
10/04/99
64 FR 53854
Parties to a Transaction and their Responsibilities, Routed Export Transactions, Shipper's Export Declarations, and Export Clearance
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The Bureau of Export Administration proposes to revise the Export Administration Regulations (EAR) to clarify the responsibilities of parties to an export transaction, the filing and use of Shipper's Export Declarations, Destination Control Statement requirements, and other export clearance issues. Comments are requested, and must be received by December 3, 1999.
09/16/99
64 FR 50247
Exports and Reexports for Syrian Civilian Passenger Aircraft Safety of Flight
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The Bureau of Export Administration is amending the Export Administration Regulations by revising the license review policy for the export and reexport of certain aircraft parts and components to ensure safety of flight for civil passenger aircraft. License applications for the export and reexport of aircraft parts and components for Syrian civil passenger aircraft will be reviewed on a case-by-case basis with a presumption of approval.
09/13/99
64 FR 49382
Reexports to Libya of Foreign Registered Aircraft Subject to the Export Administration Regulations
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The Bureau of Export Administration (BXA) is amending the Export Administration Regulations (EAR) by reinstating provisions of License Exception AVS for temporary reexports to Libya of foreign registered aircraft subject to the EAR. This limited action is taken in response to suspended United Nations sanctions.
09/13/99
64 FR 49380
Chemical Weapons Conventions; Revisions to the Export Administration Regulations; States Parties; Licensing Policy Clarification
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On May 18, 1999, the Bureau of Export Administration published an interim rule (64 FR 27138) implementing the export control and reporting provisions of the Chemical Weapons Convention. This rule adds Estonia, Holy See, Micronesia, Nigeria and Sudan to the list of States Parties to the Convention, and makes clarifications in the licensing policy for exports and reexports of Schedule 2 and Schedule 3 chemicals. Finally, this rule also adds the addresses of the authorized agencies in Taiwan responsible for issuing End-Use Certificates, and removes the previously listed office.
09/09/99
64 FR 48956
Correction to Editorial Clarifications and Revisions to the Export Administration Regulations
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On August 30, 1999 (64 FR 47104), the Bureau of Export Administration published an interim rule revising the Export Administration Regulations (EAR) by making certain editorial revisions and clarifications. Instruction No. 16 of that regulation inadvertently removed Firearms Controls from ECCN 0A984.
This regulation amends the Commerce Control List (CCL) by revising ECCN 0A984 to include Firearms Controls for the entire entry.
09/01/99
64 FR 47666
Exports and Reexports of Commercial Charges and Devices Containing Energetic Materials
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The Bureau of Export Administration (BXA) maintains the Commerce Control List (CCL), which identifies those items subject to the Department of Commerce export controls. This interim rule amends the CCL by revising and clarifying controls on certain commercial charges and devices containing energetic materials commonly used in mining and oil well development as well as in air bags and fire extinguishers and also certain pyrotechnic/explosive devices, of the type commonly used by the U.S. motion picture and television industry.
08/30/99
64 FR 47104
Editorial Clarifications and Revisions to the Export Administration Regulations
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This rule amends the Export Administration Regulations (EAR) by making certain editorial revisions and clarifications to simplify portions of the EAR and correct typographical errors.
08/03/99
64 FR 42009
Revision of High Performance Computer Licensing Policy
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On August 3, 1999, the Bureau of Export Administration (BXA) amended the Export Administration Regulations (EAR) by raising the performance parameters for those computers which can be exported and reexported under License Exception CTP. The upper threshold of the Composite Theoretical Performance (CTP) parameter for Computer Tier 2 countries is raised from 10,000 millions of theoretical operations per second (MTOPS) to 20,000 MTOPS. The upper threshold for Computer Tier 3 countries is raised from 7,000 MTOPS to 12,300 MTOPS for civilian end-users and end-uses. For military end-users and end-uses in Computer Tier 3 destinations the CTP parameter remains at 2,000 MTOPS for the immediate future. The upper parameter for military end-users and end-uses to Computer Tier 3 countries will be raised from 2,000 MTOPS to 6,500 MTOPS on the same date the threshold for advance notification for high performance computers (HPC) exports to Tier 3 countries is raised from 2,000 MTOPS to 6,500 MTOPS. The threshold for advance notification for exports of HPCs to Tier 3 countries is raised to 6,500 MTOPS, effective approximately 180 days following the submission of a statutorily mandated report to Congress. The President sent this report to Congress on July 26, 1999. In addition, the following countries are moved from Computer Tier 2 to Computer Tier 1: Brazil, the Czech Republic, Hungary, and Poland.
07/23/99
64 FR 40106
Revisions to the Export Administration Regulations; Commerce Control List: Revision to Categories 1, 2, 3, 4, 5, 6, 7, and 9 Based on Wassenaar Arrangement Review
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The Bureau of Export Administration (BXA) maintains the Commerce Control List (CCL), which identifies those 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, 6, 7, and 9 to conform with changes in the Wassenaar Arrangement's 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.
07/08/99
64 FR 36779
Expansion of License Exception CIV Eligibility for "Microprocessors" Controlled by ECCN 3A001
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The Bureau of Export Administration (BXA) maintains the Commerce Control List (CCL), which identifies those items subject to Department of Commerce export licensing requirements. Consistent with technological changes, this interim rule adjusts the License Exception CIV eligibility level for microprocessors controlled by Export Control Classification Number (ECCN) 3A001 from a composite theoretical performance (CTP) of equal to or less than 1200 million theoretical operations per second (MTOPS) to a CTP of equal to or less than 1900 MTOPS. License Exception CIV is available for exports and reexports to civil end-users for civil end-uses in Country Group D:1.
BXA will continue review of the technical levels for microprocessors and will adjust levels in the future, as needed, to account for changes in technology.
05/28/99
64 FR 28909
Entity List: Addition of Entities located in the People's Republic of China; and Correction to Spelling of One Indian Entity Name
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This rule adds six entities located in the PRC to the Entity List (Supplement No. 4 to part 744 of the Export Administration Regulations). A license will be required for the export or reexport of all items subject to the EAR to the Northwest Institute of Nuclear Technology, in the Science Research, Xi'an, Shaanxi. License applications to export or reexport these items will be reviewed on a case-by-case basis to determine whether the export or reexport would make a material contribution to the proliferation of missiles. This rule also makes a correction to one Indian entity name which was inadvertently misspelled.
05/28/99
64 FR 28908
Corrections to Revisions to the Export Administration Regulations
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On May 18, 1999, the Bureau of Export Administration published an interim rule (64 FR 27138) implementing the export control provisions of the Chemicals Weapons convention. This rule corrects inadvertent errors that appeared in the May 18 rule.
05/28/99
64 FR 28907
Addition of Macau to the Export Administration Regualtions
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The Bureau of Export Administration (BXA) is amending the Export Administration Regulations (EAR) in preparation of the return of the Portuguese Colony of Macau (Macau) to the sovereignty of the People's Republic of China (PRC) on December 20, 1999. This final rule adds Macau as a separate destination on the Commerce Country Chart for export licensing purposes.
05/21/99
64 FR 27854
Correction: Implementation of the Chemical Weapons Convention; Revisions to the Export
Administration Regulations
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This is a correction to the CWC rule published on May 18, 1999 (64 FR 27138).
05/18/99
64 FR 27138
Implementation of the Chemical Weapons Convention; Revisions to the Export Administration Regulations
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On May 18, 1999, the Bureau of Export Administration published an interim rule (64 FR 27138) that implements the provisions of the Chemical Weapons Convention (or Convention) that affect exports and reexports of Schedule 1 chemicals and exports of Schedule 2 and Schedule 3 chemicals to countries that are not party to the Convention (non-States Parties) by amending the Export Administration Regulations (EAR). Specifically, this rule adds a requirement for U.S. persons to obtain an End-Use Certificate for exports of certain chemicals to those countries that are not party to the Convention, and submit a copy of that certificate to the Department of Commerce. This rule also adds licensing requirements for technology for the production of certain Schedule 2 and Schedule 3 chemicals subject to the Export Administration Regulations, and creates an advance notification and annual report requirement for all exports of Schedule 1 chemicals. To facilitate verification measures by the Organization for the Prohibition on Chemical Weapons (OPCW), this rule modifies an existing License Exception to permit the release of technology to the OPCW during inspections of chemical facilities in the United States and to permit the export or reexport of equipment for use in inspections in countries party to the Convention.
05/13/99
64 FR 25807
Exports to Cuba
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On May 13, 1999, the Bureau of Export Administration published a final rule (64 FR ) implementing a part of the January 5, 1999, Presidential initiative to enhance the United States' support of the Cuban people to promote a transition to democracy. This final rule authorizes the issuance of licenses for exports of food and certain agricultural commodities sold to individuals and independent non-governmental entities in Cuba.
05/04/99
64 FR 24018
Exports to Serbia
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In his address to the nation on March 24, 1999, President Clinton announced that the Armed Forces of the United States had joined those of our NATO allies in air strikes against Serbian forces responsible for brutal attacks on ethnic Albanians in the province of Kosovo. This rule imposes a license requirement for exports and reexports to Serbia of all items subject to the Export Administration Regulations (EAR).
04/13/99
64 FR 17968
Exports of Firearms
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On April 18, 1998, President Clinton announced at the Santiago Summit in Chile that the United States would promulgate regulations based on the Organization of American States (OAS) Model Regulations for the Control of the International Movement of Firearms, their Parts and Components and Ammunition (referred to as the "OAS Model Regulations"). The Bureau of Export Administration (BXA) is revising the Export Administration Regulations (EAR) to implement export control measures agreed to by members of the OAS and set forth in the OAS Model Regulations. The OAS Model Regulations were developed to assist OAS member countries in implementing the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (Firearms Convention). OAS member countries agreed to impose an import and export license requirement to effectively combat the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials. Though the Firearms Convention has yet to enter into force, most OAS member countries, including the United States, are taking actions in advance of the Convention's entry into force based on the OAS agreed Model Regulations to control the flow of firearms items because of their links to such activities as drug trafficking, terrorism, transnational organized crime, and mercenary and other criminal activities.
03/26/99
64 FR 14605
Entity List: Addition of Russian Entities; and Revisions to Certain Indian and Pakistani Entities
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This final rule adds three Russian entities to the Export Administration Regulation's (EAR) Entity List. Exports or reexports of all items subject to the EAR to these newly added entities now require a license, and applications will be reviewed with a presumption of denial. This rule also revises certain Indian and Pakistani entities on the list.
03/18/99
64 FR 13338
Removal of Commercial Communications Satellites and Related Items from the Department of Commerce's Commerce Control List for Retransfer to the Department of State's United States Munitions List
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The Bureau of Export Administration (BXA) is amending the Export Administration Regulations (EAR) by removing commercial communications satellites and related items from the Commerce Control List (CCL) and retransferring these items to the United States Munitions List (USML). This regulation shall not apply to any export license issued by the Department of Commerce before March 15, 1999, or to any export license application filed under the Export Administration Regulations on or before March 14, 1999, and subsequently issued by the Department of Commerce.
03/15/99
64 FR 12744
Correction to Revisions and Clarifications to the Export Administration Regulations; Commerce Control List
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This regulation amends two Export Control Classification Numbers (4D001 and 4E001) of the Commerce Control List by correcting two inadvertent typographic errors in the Clarification regulation which appeared in the Federal Register on March 5, 1999 (64 FR 10852).
03/05/99
64 FR 10852
Revisions and Clarifications to the Export Administration Regulations; Commerce Control List
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On January 15, 1998, the Bureau of Export Administration (BXA) published an interim rule (63 FR 2452) that implemented the Wassenaar Arrangement list of dual-use items and reporting requirements under the Wassenaar Arrangement. The interim rule revised the Commerce Control List by making revisions to implement the Wassenaar Arrangement. This rule amends the Commerce Control List by making certain revisions and clarifications and, in some cases, inserts material inadvertently omitted from the January 15 interim rule.
2/8/99
64 FR 5931
Revisions to the Commerce Control List: Changes in Missile Technology Controls
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The Bureau of Export Administration (BXA) maintains the Commerce Control List (CCL), which identifies those items subject to Department of Commerce export controls. This interim rule amends the CCL by revising a number of items subject to control for missile technology reasons. These changes to the CCL are the result of the decisions taken by the Missile Technology Control Regime (MTCR), in November 1997.
The changes made by this rule are intended to conform the list of missile technology related items controlled by the United States to the list agreed and adopted by the countries participating in the MTCR.
01/21/99
64 FR 3213
Correction to Encryption Items
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On December 31, 1998, (63 FR 72156) the Bureau of Export Administration published an interim rule revising the Export Administration Regulations (EAR) to streamline U.S. controls for exports and reexports of encryption commodities and software. This revision implemented the Administration's September 1998 policy initiative for exports and reexports of encryption commodities and software to U.S. subsidiaries, insurance companies, health and medical end-users, on-line merchants and foreign commercial firms.
This regulation amends the EAR by making correcting three inadvertent typographic errors in the Encryption Items regulation which appeared in the Federal Register on December 31, 1998.
01/14/99
64 FR 2429
Exports of High Performance Computers Under License Exception CTP
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The Bureau of Export Administration (BXA) is amending the Export Administration Regulations by revising the requirements for exports of high performance computers to the People's Republic of China. This rule requires that exports of high performance computers, regardless of value, to the People's Republic of China under License Exception CTP be supported by a PRC End-User Certificate. The PRC End-User Certificate must be obtained by the exporter prior to export. In addition, this rule also removes the $5,000 End-User Certification exemption for license applications for exports of high performance computers to the People's Republic of China.
01/07/99
64 FR 1120
Revisions to the Export Administration Regulations; Exports and Reexports to Specially Designated Terrorists and Foreign Terrorist Organizations
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This interim rule amends the end-user and end-use control policy of the Export Administration Regulations (EAR) to impose new foreign policy controls on exports and certain reexports to persons identified as Specially Designated Terrorists or Foreign Terrorist Organizations and listed in the Appendices to 31 CFR Chapter V published by the Department of the Treasury, Office of Foreign Assets Control (OFAC). (The term "person" includes individuals as well as entities or other organizations.) Specifically, this rule creates a new §744.10 and §744.11 that set forth the license requirements for exports and certain reexports of items subject to the EAR to these persons. To avoid duplication, the Bureau of Export Administration (BXA) will not require a separate license when the Office of Foreign Assets Control has authorized an export or reexport to a Specially Designated Terrorist.
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