Federal Register Notices Affecting the EAR

Published Since March 25, 1996

Published March 25, 1996 - February 2001 || Published March 2001 - February 2006

03/18/09
74 FR 11472
Removal and Modification of Certain Entries from the Entity List: Person Removed or Modified Based on ERC Annual Review
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This rule amends the Export Administration Regulations (EAR) by removing two persons from the Entity List (Supplement No. 4 to Part 744). These persons are being removed from the Entity List because of determinations made by the United States Government during the annual review of the Entity List conducted by the End-User Review Committee (ERC). This rule also makes a clarification for two persons that were listed on the Entity List prior to this rule being published to revise the addresses provided for these listed persons. The Entity List provides notice to the public that certain exports and reexports to parties identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of License Exceptions in such transactions is limited.

02/24/09
74 FR 8182
Removal and Modification of Certain Entries From the Entity List: Person Removed Based on Removal Request and Clarification of Certain Entries
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This final rule amends the Export Administration Regulations (EAR) by removing a person from the Entity List (Supplement No. 4 to Part 744). This person is being removed from the Entity List because the End-User Review Committee (ERC) decided to approve this person�s request for removal from the Entity List. This rule also makes a clarification for two persons that were listed on the Entity List prior to this rule being published to revise the addresses provided for these listed persons. The Entity List provides notice to the public that certain exports and reexports to parties identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of License Exceptions in such transactions is limited.

01/15/09
74 FR 2355
License Requirements Policy for Iran and for Certain Weapons of Mass Destruction Proliferators
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This rule revises and clarifies the Export Administration Regulations (EAR) provisions that apply specifically to Iran in order to promote consistency, reduce redundancy and clarify the role of the Bureau of Industry and Security (BIS) in connection with the implementation of United States export control policy towards Iran. It establishes a new license requirement for reexports of items classified under ten Export Control Classification Numbers (ECCNs) that previously did not require a license for reexport to Iran under the EAR. This rule also imposes license requirements on parties who have been listed as proliferators of weapons of mass destruction or as supporters of such proliferators pursuant to Executive Order 13382. BIS is making these changes to provide greater clarity and consistency with respect to policies towards Iran and to harmonize BIS license requirements with Department of the Treasury license requirements regarding proliferators of weapons of mass destruction.

01/08/09
74 FR 770
Burma: Revision of Restrictions on Exports, Reexports and Transfers to Persons Whose Property and Interests in Property Are Blocked Pursuant to Executive Orders
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In response to the Government of Burma's continued repression of the democratic opposition in Burma, and consistent with Executive Order 13047 of May 20, 1997, Executive Order 13310 of July 28, 2003, Executive Order 13448 of October 18, 2007, and the Trade Sanctions Reform and Export Enhancement Act (Title IX of Pub. L. 106-387), the Bureau of Industry and Security (BIS) previously amended the Export Administration Regulations (EAR) on October 24, 2007 to impose a license requirement for most exports, reexports, or transfers of items subject to the EAR to persons whose property and interests in property are blocked pursuant to those Executive Orders. In light of the Government of Burma's continued repression of the democratic opposition in Burma and unwillingness to respond to the calls of the Burmese people for genuine dialogue that will lead to a democratic transition in Burma, this final rule amends the EAR to extend these existing licensing requirements to persons whose property and interests in property are blocked pursuant to Executive Order 13464 of April 30, 2008.

01/06/09
74 FR 413
Request for Public Comment on Foreign Produced Encryption Items That are made from U.S.-origin Encryption technology or software
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To determine the appropriate extent and scope of U.S. export controls on foreign products that are direct products of U.S. origin encryption technology or software, BIS is considering making subject to the Export Administration Regulations (EAR) all foreign items that would be controlled for Encryption Items (�EI�) reasons under the EAR (i.e., that would be classified under ECCN 5A002 or 5D002) if they are the direct product of U.S.-origin ECCN 5E002 technology or ECCN 5D002 software. BIS is seeking information regarding the impact this change would have on both U.S. exporters of encryption technology and software and foreign manufacturers of products that are derived in part or whole from U.S.-origin encryption technology or software. Comments are due March 9, 2009.

12/15/08
73 FR 75942
Export Administration Regulations: Authority Citations Updates and Technical Corrections
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This rule revises the authority citation paragraphs for 14 parts of the Export Administration Regulations to include citations to the most recent presidential notices that extend authority for those parts or to remove an outdated citation or both. This rule also updates addresses, telephone numbers, procedures and a definition, removes some potentially confusing language, makes a necessary conforming change to one Export Control Classification Number (ECCN) and restores some language that was dropped during a Code of Federal Regulations compilation. BIS is making these changes to clarify the regulations and to provide accurate authority citations for the Code of Federal Regulations edition that is to be compiled as of January 1, 2009.

12/08/08
73 FR 74348
Conforming Changes to Certain End-User/End-Use Based Controls in the EAR; Clarification of the Term ``Transfer'' and Related Terms as Used in the EAR; Correction
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The Bureau of Industry and Security (BIS) published a final rule in the Federal Register on Tuesday, November 18, 2008 (73 FR 68321) that amended the Export Administration Regulations (EAR) to, among other things, clarify that the terms ``transferred'' and ``transfer'', in the context of two sections of the EAR, meant ``assigned to'' and ``assignment'', respectively. That final rule contained one inadvertent error in the amendatory instruction used for revising one of those two sections. This error in the amendatory instruction led to one sentence of the revised regulatory text to not be revised as was intended in the regulatory text of that final rule.
This document corrects that amendatory instruction error by revising that one sentence from that section.

12/05/08
73 FR 73999
Addition of Certain Persons to the Entity List: Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States
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This rule amends the Export Administration Regulations (EAR) by adding 15 persons to the Entity List (Supplement No. 4 to Part 744) on the basis of Section 744.11 of the EAR. This rule is the second rule to add persons to the Entity List on the basis of Section 744.11. These additional persons being added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. The Entity List provides notice to the public that certain exports and reexports to parties identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of License Exceptions in such transactions is limited.

12/03/08
73 FR 73547
Clarification of Export Control Jurisdiction for Civil Aircraft Equipment Under the Export Administration Regulations
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This final rule amends the Export Administration Regulations (EAR) to clarify how Section 17(c) of the Export Administration Act of 1979 (EAA) is implemented in the EAR in accordance with the Department of Commerce�s authority under the EAA. On August 14, 2008, the Department of State published a final rule amending Part 121 of the International Traffic in Arms Regulations (ITAR) to clarify how Section 17(c) of the EAA is implemented in relation to the ITAR (73 FR 47523). This final rule provides guidance to assist the regulated public in determining what civil aircraft equipment (including parts, accessories, attachments, and components) is subject to the EAR based upon the statutory criteria of the EAA.

11/20/08
73 FR 70322
Request for Public Comments on the Prospect of Removing 7A Commodities from De Minimis Eligibility.
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The Bureau of Industry and Security (BIS) is seeking public comment on the prospect of removing from de minimis eligibility commodities controlled for missile technology (MT) reasons under Category 7 - Product Group A on the Commerce Control List except when the 7A commodities are incorporated as standard equipment in Federal Aviation Administration (FAA) (or national equivalent) certified civilian transport aircraft. If such a policy were implemented, foreign made items that incorporate U.S.-origin 7A commodities would be subject to the Export Administration Regulations, except when the 7A commodities are incorporated as standard equipment in FAA (or national equivalent) certified civilian transport aircraft. Specifically, BIS is seeking public input on the impact such a change would have on U.S. manufacturers of category 7A commodities, as well as the impact such a change would have on foreign manufacturers that incorporate U.S.-origin 7A commodities into their foreign-made products. Comments are due January 20, 2009.

11/18/08
73 FR 68321
Conforming Changes to Certain End-User/End-Use Based Controls in the EAR; Clarification of the Term "Transfer" and Related Terms as Used in the EAR
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In this final rule, the Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by making conforming changes in certain end-user/end-use controls in the EAR to ensure that the terminology used to describe each type of end-user/end- use control is consistent, to the fullest extent possible, with the terminology in other such controls in the EAR. The amendments in this rule clarify that a party cannot proceed with an export, reexport, or transfer (in-country) that is in transit at the time the party is informed by BIS that a license is required (in accordance with certain end-user/end-use controls in the EAR), unless that party first obtains a license from BIS authorizing the completion of the transaction. These changes are intended to enhance the ability of BIS to stop items subject to the EAR, including items not on the Commerce Control List, from being exported, reexported or transferred (in-country) when there is an unacceptable risk that such items will be used in, or diverted to, any of the proliferation activities specified in certain sections of the EAR. This rule also amends the EAR by revising the definition of the term ``transfer'' and certain related terms, to provide greater clarity regarding these provisions. BIS published these amendments in proposed form in the Federal Register with a request for comments.

11/03/08
73 FR 65258
Wassenaar Arrangement Plenary Agreements Implementation: December 2007 Categories 1, 2, 3, 5 Parts I and II, 6, 7, and 9 of the Commerce Control List, Definitions; December 2006 Solar Cells; Correction
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Wassenaar Arrangement Plenary Agreements Implementation: December 2007 Categories 1, 2, 3, 5 Parts I and II, 6, 7, and 9 of the Commerce Control List, Definitions; December 2006 Solar Cells; Correction

10/14/08
73 FR 60910
Wassenaar Arrangement Plenary Agreements Implementation: December 2007 Categories 1, 2, 3, 5 Parts I and II, 6, 7, and 9 of the Commerce Control List, Definitions; December 2006 Solar Cells
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The Bureau of Industry and Security (BIS) maintains the Commerce Control List (CCL), which identifies items subject to Department of Commerce export controls. This final rule revises the Export Administration Regulations (EAR) to implement changes made to the Wassenaar Arrangement's List of Dual Use Goods and Technologies (Wassenaar List) 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, or WA). The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability. To harmonize with the changes to the Wassenaar List, this rule revises the EAR by amending certain entries that are controlled for national security reasons in Categories 1, 2, 3, 5 Part I (telecommunications), 5 Part II (information security), 6, 7, and 9; adding new entries to the Commerce Control List (CCL), and amending EAR Definitions, as well as adding definitions. This rule also implements the Wassenaar List provisions regarding solar cells agreed upon in the December 2006 plenary meeting.

10/06/08
73 FR 58033
Revisions to the Export Administration Regulations Based Upon a Systematic Review of the CCL
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This rule amends the Export Administration Regulations (EAR) to make revisions to the EAR as a result of a systematic review of the Commerce Control List (CCL) that was conducted by the Bureau of Industry and Security (BIS). This rule is the second phase of the regulatory implementation of the results of a review of the CCL that was conducted by BIS starting in 2007. The BIS CCL review benefited from input received from BIS's Technical Advisory Committees (TACs) and comments that were received from the interested public in response to the publication of a BIS notice of inquiry on July 17, 2007. The revisions in this rule include clarifications to existing controls, eliminating redundant or outdated controls, establishing more focused and rationalized controls, and adding additional controls for clarity or for consistency with international regimes.

10/03/08
73 FR 57554
Export Administration Regulations: Establishment of License Exception Intra-Company Transfer (ICT)
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This proposed rule would amend the Export Administration Regulations (EAR) to establish a new license exception entitled ``Intra-Company Transfer (ICT).'' This license exception would allow an approved parent company and its approved wholly-owned or controlled in fact entities to export, reexport, or transfer (in-country) many items on the Commerce Control List (CCL) among themselves for internal company use. Prior authorization from the Bureau of Industry and Security (BIS) would be required to use this license exception. This rule describes the criteria pursuant to which entities would be eligible to use License Exception ICT and the procedure by which they must apply for such authorization. This proposed rule is one of the initiatives in the export control directive announced by the President on January 22, 2008.

10/03/08
73 FR 57495
Encryption Simplification
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This interim final rule amends the Export Administration Regulations (EAR) to make the treatment of encryption items more consistent with the treatment of other items subject to the EAR, as well as to simplify and clarify regulations pertaining to encryption items. The restrictions pertaining to technical assistance by U.S. persons with respect to encryption items are removed, because the current export and reexport restrictions set forth in the EAR for technology already include technical assistance. This rule also removes License Exception KMI as it has become obsolete because of developments in uses of encryption. In addition, this rule removes notification requirements for items classified as 5A992, 5D992, and 5E992. This rule also increases certain parameters under License Exception ENC, which is intended to reflect advances in technology. This rule adds two new review and reporting requirement exclusion paragraphs under License Exception ENC for wireless ``personal area network'' items and for ``ancillary cryptography'' items. This rule also adds Bulgaria, Canada, Iceland, Romania, and Turkey to the list of countries that receive favorable treatment under License Exception ENC. Commodities and software pending mass market review may no longer be exported under ECCNs 5A992 and 5D992 using No License Required (NLR). However, once the mass market review has been received by BIS, then such commodities and software may be exported using License Exception ENC under ECCNs 5A002 and 5D002. This rule will reduce the paperwork burden on the public by 9% (annual dollar amount savings of approximately $14,000 to the public and $5,000 to the U.S. Government), because of the removal of certain notification requirements, addition of countries to the list of those receiving favorable treatment under License Exception ENC, and the increase of reporting and review requirement exclusions. The Departments of Commerce, State and Defense will continue to review export control, license review policies, and license exceptions for encryption items in the EAR.

10/01/08
73 FR 56964
De Minimis U.S. Content in Foreign Made Items
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The Department of Commerce is revising the provisions of the Export Administration Regulations (EAR) that pertain to foreign-made items that incorporate controlled U.S.-origin items, i.e., the EAR's ``de minimis'' rules. This rule amends the EAR to change the de minimis calculation for foreign produced hardware that is bundled with U.S.-origin software. This rule also clarifies the definition of `incorporate' as it is applied to the de minimis rules and to the medical statement of understanding. This rule also removes the requirement to submit a one-time report to the Bureau of Industry and Security for foreign-made software that incorporates U.S.-origin software. In addition, this rule revises the ``Steps for Using the EAR'' and General Prohibition Two with regard to the de minimis rules in order to reduce redundancies in the EAR and harmonize the provisions with other revisions made by this rule.

09/30/08
73 FR 56793
Revisions to the Unverified List--Guidance as to ``Red Flags'' Under Supplement No. 3 to 15 CFR Part 732
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On June 14, 2002, the Bureau of Industry and Security (``BIS'') published a notice in the Federal Register that set forth a list of persons in foreign countries who were parties to past export transactions where pre-license checks (``PLC'') or post-shipment verifications (``PSV'') could not be conducted for reasons outside the control of the U.S. Government (``Unverified List''). Additionally, on July 16, 2004, BIS published a notice in the Federal Register that advised exporters that the Unverified List would also include persons in foreign countries in transactions where BIS is not able to verify the existence or authenticity of the end-user, intermediate consignee, ultimate consignee, or other party to the transaction. These notices advised 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, requiring heightened scrutiny by the exporter before proceeding with such a transaction. The notices also stated that, when warranted, BIS would remove persons from the Unverified List. This notice removes one entity from the Unverified List based upon recently conducted PSVs or scheduled PSVs. The entity is: Fuchs Oil Middle East Ltd., P.O. Box 7955, Sharjah Airport Intl. Free Zone, Sharjah, United Arab Emirates.

09/22/08
73 FR 54499
Addition of Certain Persons to the Entity List; Removal of General Order from the Export Administration Regulations (EAR)
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This rule amends the Export Administration Regulations (EAR) by adding 108 additional persons to the Entity List (Supplement No. 4 to Part 744) on the basis of Section 744.11 of the EAR. These additional persons being added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. The Entity List provides notice to the public that certain exports and reexports to parties identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of License Exceptions in such transactions is limited.

09/08/08
73 FR 52006
Effects of Foreign Policy-Based Export Controls
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The Bureau of Industry and Security (BIS) is reviewing the foreign policy-based export controls in the Export Administration Regulations (EAR) to determine whether they should be modified, rescinded or extended. To help make these determinations, BIS is seeking comments on how existing foreign policy-based export controls have affected exporters and the general public. Additionally, BIS is particularly interested in comments regarding the Entity List (Supplement No. 4 to part 744 of the EAR), including on its usefulness and format, as well as on the specific entities listed and the licensing policies and requirements assigned to each.

09/05/08
73 FR 51718
Clarification of the Classification of Crew Protection Kits on the Commerce Control List
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The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to clarify that crew protection kits used as protective cabs on construction equipment are on the Wassenaar Arrangement Munitions List and are correctly classified on the Commerce Control List in the entry that applies to construction equipment built to military specifications.

09/02/08
73 FR 51217
Addition of Kosovo in the Export Administration Regulations
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The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to establish export licensing requirements for Kosovo.

08/22/08
73 FR 49645
Reopening of Request for Public Comments on Deemed Export Advisory Committee Recommendations: Narrowing the Scope of Technologies on the Commerce Control List Subject to Deemed Export Licensing Requirements and Implementing a More Comprehensive Set of Criteria for Assessing Probable Country Affiliation for Foreign Nationals
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This notice reopens the comment period on the notice of inquiry (73 FR 28795) that sought comments regarding two specific recommendations made by the Deemed Export Advisory Committee (DEAC) with respect to the Bureau of Industry and Security's (BIS's) deemed export licensing policy. The new comment period deadline is September 22, 2008.

08/21/08
73 FR 49331
Authorization to Impose License Requirements for Exports or Reexports to Entities Acting Contrary to the National Security or Foreign Policy Interests of the United States
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The Entity List (Supplement No. 4 to Part 744 of the Export Administration Regulations (EAR)) provides notice to the public that certain exports and reexplores to parties identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of License Exceptions in such transactions is limited. This rule expands the scope of reasons for adding parties to the Entity List. This rule also amends the EAR to state explicitly that a party listed on the Entity List has a right to request that its listing be removed or modified and sets procedures for addressing such requests.

08/21/08
73 FR 49323
Mandatory Electronic Filing of Export and Reexport License Applications, Classification Requests, Encryption Review Requests, and License Exception AGR notifications
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This rule requires that export and reexport license applications, classification requests, encryption review requests, License Exception AGR notifications and related documents be submitted to the Bureau of Industry and Security (BIS) via its Simplified Network Application Process (SNAP-R) system. This requirement does not apply to applications for Special Comprehensive Licenses or in certain situations in which BIS authorizes paper submissions.

07/08/08
73 FR 38908
Implementation of the Understandings Reached at the April 2008 Australia Group (AG) Plenary Meeting; Additions to the List of States Parties to the Chemical Weapons Convention (CWC)
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This rule amends the Export Administration Regulations (EAR) to implement the understandings reached at the April 2008 AG plenary meeting by revising the listing for avian influenza viruses in Export Control Classification Number (ECCN) 1C352.a.2 to replace the description of highly pathogenic avian influenza (HPAI) with language that is based on the definition currently used by the World Organization for Animal Health (OIE). In addition, this rule amends the Chemical Weapons Convention (CWC) reporting requirements in Sections 745.1(a)(2) and (b)(3) and 745.2(a)(2) of the EAR by updating the fax number and address for submitting the advance notifications and annual reports required for exports of CWC Schedule 1 chemicals and the End-Use Certificates required for certain exports of CWC Schedule 3 chemicals. Finally, this rule amends the list of CWC States Parties in Supplement No. 2 to part 745 of the EAR by adding the �Republic of the Congo� and �Guinea-Bissau,� which recently became State Parties.

06/16/08
73 FR 33882
Revisions to the Export Administration Regulations based on the 2007 Missile Technology Control Regime Plenary Agreements
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This final rule amends the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the November 2007 Plenary in Athens, Greece. The amendments in this rule include revising the technical notes to the definition of the term "payload" in section 772.1 to include munitions supporting structures and deployment mechanisms under paragraphs (e)(5) and (e)(7). The amendments in this rule to the Commerce Control List (CCL)(Supplement No. 1 to Part 774) include revisions to Export Control Classification Numbers (ECCNs) 1C111, 1C116, 2B116 and 9B106.

06/13/08
73 FR 33671
Expansion of the Gift Parcel License Exception Regarding Cuba to Authorize Mobile Phones and Related Software and Equipment
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This final rule revises a license exception in the Export Administration Regulations (EAR) to allow the export of mobile phones as gifts sent by individuals to eligible recipients in Cuba. The Bureau of Industry and Security (BIS) is taking this action to provide support for individuals to support democracy-building efforts for Cuba by enabling the free exchange of information among Cuban citizens and with persons in other countries.

05/08/2008
73 FR 26000
Technical Corrections to the Export Administration Regulations Based Upon a Systematic Review of the CCL; Correction
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The Bureau of Industry and Security published a final rule in the Federal Register on April 18, 2008 (73 FR 21035), that amended the Export Administration Regulations (EAR) to make various technical corrections and clarifications to the EAR as a result of a systematic review of the CCL. The amendments in that final rule included a revision to the ``Unit'' paragraph in the List of Items Controlled section of Export Control Classification Number (ECCN) 9A004. However, because of an inadvertent formatting error in a rule published on March 18, 1999 (64 FR 13338), the ``Related Controls'' paragraph in that CCL entry appeared to be a part of the ``Unit'' paragraph. This resulted in the inadvertent removal of the ``Related Controls'' paragraph in the List of Items Controlled section of that ECCN entry when the ``Unit'' paragraph was revised with the publication of the April 18, 2008, rule. Today's rule corrects that inadvertent removal by adding the ``Related Controls'' paragraph back into that ECCN entry.

04/18/2008
73 FR 21076
Conforming Changes to Certain End-User/End-Use Based Controls in the EAR; Clarification of the Term ``Transfer'' and Related Terms as Used in the EAR
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The Bureau of Industry and Security (BIS) proposes to amend the Export Administration Regulations (EAR) by making conforming changes in certain end-user/end-use controls in the EAR to ensure that the terminology used to describe each type of end-user/end-use control is consistent, to the fullest extent possible, with the terminology in other such controls in the EAR. The proposed amendments would clarify that a party cannot proceed with an export, reexport, or transfer (in-country) that is in transit at the time the party is informed by BIS that a license is required (in accordance with certain end-user/end-use controls in the EAR), unless that party first obtains a license from BIS authorizing the completion of the transaction. These proposed changes to part 744 are intended to enhance the ability of BIS to stop items subject to the EAR, including items not on the Commerce Control List, from being exported, reexported or transferred (in-country) when there is an unacceptable risk that such items will be used in, or diverted to, any of the proliferation activities specified in Sec. Sec. 744.2, 744.3, 744.4 and 744.6 of the EAR. This rule also proposes to amend the EAR by revising the definition of the term ``transfer'' and certain related terms, to provide greater clarity regarding these provisions.

04/18/2008
73 FR 21035
Technical Corrections to the Export Administration Regulations Based Upon a Systematic Review of the CCL
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This final rule amends the Export Administration Regulations (EAR) to make various technical corrections and clarifications to the EAR as a result of a systematic review of the Commerce Control List (CCL) that was conducted by the Bureau of Industry and Security (BIS). This rule is the first phase of the regulatory implementation of the results of a review of the CCL that was conducted by BIS starting in 2007. The BIS CCL review benefited from input received from BIS�s Technical Advisory Committees (TACs) and comments that were received from the interested public in response to the publication of a BIS notice of inquiry on July 17, 2007 (72 FR 39052).

03/19/2008
73 FR 14769
Request for Public Comments on Crime Control License Requirements in the Export Administration Regulations
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The Bureau of Industry and Security is seeking public comment on the crime control export and reexport license requirements contained in the Export Administration Regulations. Specifically, BIS is seeking public input on whether the scope of items currently subject to crime control license requirements should be revised to add or remove items. BIS is also seeking public comments on whether the destinations to which crime control license requirements apply should be revised.

02/28/2008
73 FR 10668
Expanded Authorization for Temporary Exports and Reexports of Tools of Trade to Sudan
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This rule increases the number of end-uses for which certain computers and relate equipment and telecommunicates devices may be exported temporarily to Sudan �tools of trade� for persons doing humanitarian and development work in that country under a license exception. It also makes more types of commodities eligible under the category �tools of trade� for purposes of this license exception and authorizes reexports under this provision to the same extent as exports are authorized.

02/05/2008
73 FR 6603
December 2006 Wassenaar Arrangement Plenary Agreement Implementation: Categories 1, 3, 6, and 7 of the Commerce Control List; Wassenaar Reporting Requirements
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On November 5, 2007, the Bureau of Industry and Security published a final rule that amended the Export Administration Regulations (EAR) to implement the agreement reached at the December 2006 plenary meeting of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies. This rule corrects errors from the November 5th rule in Parts 742 and 744, and Categories 1, 3, 6 and 7 on the Commerce Control List. In particular, this rule corrects the exception language for License Exceptions GBS and CIV under ECCN 6A005 (Lasers). In addition, this rule replaces the listing of "3B001.f.2" with "3B001.f.3" for the Validated End-User (VEU) Applied Materials China, Ltd in Supplement No 7 to Part 748, which is necessary because of the redesignation of 3B001.f.2 as 3B001.f.3 in the November 5th rule.

01/02/2008
73 FR 32
Revisions and Technical Corrections to the Export Administration Regulations and the Defense Priorities and Allocations System Regulation
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This rule amends the Export Administration Regulations (EAR) by making the following changes: Removing the post office box address for the Bureau of Industry and Security (BIS), updating the contact information for the San Jose field office, reinserting missing footnotes in sections describing License Exceptions, removing certain non-Country Group D countries from Country Group D, correcting formatting in the supplement listing items subject to the military end- use license requirement for the People's Republic of China (PRC), correcting the Code of Federal Regulations legal authority citation for part 745 of the EAR, removing a reference to Libya under embargoed destinations, adding fax information for submitting a request for approval to submit applications electronically, clarifying the requirements for obtaining an Import Certificate or an End-User Statement, changing Validated End-User report requirements, amending the contact information for the Ministry of Commerce of the PRC, making a technical correction to shipping tolerances, and removing references to certain entries on the Commerce Control List. In addition, this rule amends the Defense Priorities and Allocations System (DPAS) Regulation by updating an office name and by removing a reference to a form.

12/12/2007
72 FR 70509
Revisions to License Exceptions TMP and BAG: Expansion of Eligible Items
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This rule amends the Export Administration Regulations (EAR) to expand the availability of License Exceptions Temporary Imports, Exports, and Reexports (TMP) and Baggage (BAG) to allow for certain temporary exports and reexports of technology by U.S. persons to U.S. persons or their employees traveling or temporarily assigned abroad.

11/07/2007
72 FR 62768
Expanded Licensing Jurisdiction for QRS11 Micromachined Angular Rate Sensors
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This final rule amends the Export Administration Regulations (EAR) to implement the transfer of licensing jurisdiction for QRS11-00100-100/101 and the QRS11-00050-443/569 Micromachined Angular Rate Sensors from the Department of State to the Department of Commerce (see Public Notice 5823, published in 72 FR 31452-31453, June 7, 2007) when the QRS11-00100-100/101 is integrated into a primary instrument system for use on civil aircraft or is exported solely for integration into such a system, or when the QRS11-00050-443/569 is integrated into an automatic flight control system of the type described in ECCN 7A994 or aircraft of the type described in ECCN 9A991 that incorporates such systems, or are exported solely for integration into such a system.

11/05/2007
72 FR 62523
December 2006 Wassenaar Arrangement Plenary Agreement Implementation: Categories 1, 2, 3, 5 Part I, 6, 7, 8, and 9 of the Commerce Control List; Wassenaar Reporting Requirements; Definitions; and Statement of Understanding on Source Code
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The Bureau of Industry and Security (BIS) maintains the Commerce Control List (CCL), which identifies items subject to Department of Commerce export controls. This final rule revises the Export Administration Regulations (EAR) to implement changes made to the Wassenaar Arrangement's List of Dual Use Goods and Technologies (Wassenaar List), and Statements of Understanding 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, or WA).

10/31/2007
72 FR 61512
Approved End-Users and Respective Eligible Items for the People's Republic of China (PRC) Under Authorization Validated End-User (VEU); Correction
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The Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to list names of end-users in the People's Republic of China (PRC) approved to receive exports, reexports and transfers of certain items under Authorization Validated End-User (VEU). The rule identified five specific validated end-users. This final rule amends the EAR to correct an inadvertent omission in the list of items approved for one of those validated end-users.

10/24/2007
72 FR 60408
Approved End-Users and Respective Eligible Items for the People's Republic of China (PRC) Under Authorization Validated End-User (VEU); Correction
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In rule document E7-20642 beginning on page 59164 in the issue of Friday, October 19, 2007, make the following correction: On page 59164, in the first column, under the heading dates, in the first and second lines, ``November 19, 2007'' should read ``October 19, 2007''.

10/24/2007
72 FR 60248
Burma: Revision of the Export Administration Regulations
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In response to the Government of Burma's continued repression of the democratic opposition in Burma, and consistent with Executive Order 13310 of July 28, 2003 and Executive Order 13448 of October 18, 2007, this final rule amends the Export Administration Regulations (EAR) to move Burma into more restrictive country groupings and impose a license requirement for exports, reexports or transfers of most items subject to the EAR to persons listed in or designated pursuant to Executive Orders 13310 and 13448.

10/19/2007
72 FR 59231
Mandatory Electronic Filing of Export and Reexport License Applications, Classification Requests, Encryption Review Requests, and License Exception AGR Notifications
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This proposed rule would require that export and reexport license applications, classification requests, encryption review requests, License Exception AGR notifications and related documents be submitted to the Bureau of Industry and Security (BIS) via its Simplified Network Application Process (SNAP-R) system. This requirement would not apply to applications for Special Comprehensive Licenses or in certain situations in which BIS would authorize paper submissions.

10/19/2007
72 FR 59164
Approved End-Users and Respective Eligible Items for the People's Republic of China (PRC) Under Authorization Validated End-User (VEU)
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In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to list names of end-users in the People's Republic of China (PRC) approved to receive exports, reexports and transfers of certain items under Authorization Validated End-User (VEU). In a final rule published in the Federal Register, BIS revised and clarified U.S. export control policy for the PRC, establishing Authorization VEU and identifying the PRC as the initial eligible destination. This rule identifies five specific validated end-users.

10/02/2007
72 FR 56010
Authorization Validated End-User: Addition of India as an Eligible Destination
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In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to add India as an eligible destination for exports, reexports and transfers under Authorization Validated End-User (VEU). BIS established Authorization VEU in a final rule published in the Federal Register.

09/12/2007
72 FR 52000
Implementation of the Understandings Reached at the June 2007 Australia Group (AG) Plenary Meeting; Addition to the List of States Parties to the Chemical Weapons Convention (CWC)
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This rule amends the Export Administration Regulations (EAR) to implement the understandings reached at the June 2007 AG plenary meeting by amending ECCN 1C352 to narrow the scope of the listing for mycoplasma mycoides (this change is coupled with conforming changes to ECCN 1C360). In addition, this rule updates the Technical Note to ECCN 2B352.a to reference the current edition of the World Health Organization �Laboratory Biosafety Manual.� This rule also amends provisions in parts 738, 740, and 772 of the EAR to reflect the addition of �Croatia� as the newest AG participating country. Finally, this rule amends the list of CWC States Parties in Supplement No. 2 to part 745 of the EAR by adding Barbados, which recently became a State Party, and by clarifying the scope of the entry for �China.�

09/06/2007
72 FR 51213
Request for Public Comments on a Systematic Review of the Commerce Control List
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This notice extends the comment period on a July 17, 2007 notice of inquiry in which the Bureau of Industry and Security (BIS) solicited comments from the public regarding the Commerce Control List (CCL) in the Export Administration Regulations (EAR). This extension of time would allow the public additional time to comment on the notice of inquiry. The July 17 notice of inquiry indicated that the deadline for public comments closes on September 17, 2007. BIS is now extending the comment period until November 1, 2007.

09/05/2007
72 FR 50912
Effects of Foreign Policy-Based Export Controls
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The Bureau of Industry and Security (BIS) 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, BIS is seeking comments on how existing foreign policy-based export controls have affected exporters and the general public.

09/05/2007
72 FR 50869
Updated Statements of Legal Authority for the Export Administration Regulations
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This rule updates the Code of Federal Regulations legal authority citations for the Export Administration Regulations (EAR) to include the citation to the President's Notice of August 15, 2007--Continuation of Emergency Regarding Export Control Regulations.

08/06/2007
72 FR 43529
Technical Corrections to the Export Administration Regulations
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This rule amends the Export Administration Regulations (EAR) by making the following changes: correcting citations in several sections of the EAR, removing an endnote to the Entity List, reinserting the grace period provision for support documents, clarifying when an Automated Export System or Shipper�s Export Declaration record must be filed, adding omitted information to certain Export Control Classification Numbers (ECCNs), removing references to the International Munitions List, and removing or editing references to ECCNs that have either changed or do not exist.

07/17/2007
72 FR 39052
Request for Public Comments on a Systematic Review of the Commerce Control List
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With this notice of inquiry, the Bureau of Industry and Security (BIS) is soliciting comments from the public regarding the Commerce Control List (CCL) in the Export Administration Regulations (EAR). BIS has already requested that its Technical Advisory Committees (TACs) review the CCL and recommend potential changes to BIS. BIS believes that it would also be beneficial to allow interested members of the public to submit comments regarding the CCL. Comments must be received by September 17, 2007.

07/17/2007
72 FR 39009
Export Licensing Jurisdiction for Microelectronic Circuits
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This rule provides clarifying guidance for distinguishing the export and reexport licensing jurisdiction of the U.S. Department of State from that of the U.S. Department of Commerce concerning microelectronic circuits. In this same issue of the Federal Register, the U.S. Department of State is amending the International Traffic in Arms Regulations (ITAR) with respect to radiation-hardened microelectronic circuits in Category XV(d) of the United States Munitions List (USML). The Bureau of Industry and Security (BIS) is publishing this rule to assist readers of the Export Administration Regulations (EAR) in evaluating agency licensing jurisdiction over microelectronic circuits while taking into account the new standard in Category XV(d) of the USML.

07/17/2007
72 FR 38999
Antiboycott Penalty Guidelines
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This rule sets forth BIS policy concerning voluntary self-disclosures of violations of part 760 (Restrictive Trade Practices or Boycotts) of the Export Administration Regulations (EAR) and violations of part 762 (Recordkeeping) of the EAR that relate to part 760. This rule also sets forth the factors that the Bureau of Industry and Security (BIS) considers when deciding whether to pursue administrative charges or settle allegations of such violations as well as the factors that BIS considers when deciding what level of penalty to seek in administrative antiboycott cases.

07/12/2007
72 FR 38008
Addition of Entities to the Entity List
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The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to add five (5) entities located in Iran to the Entity List. The Entity List is a compilation of end-users that present an unacceptable risk of using or diverting certain items to activities related to weapons of mass destruction. BIS requires a license for most exports or reexports to these entities and maintains the Entity List to inform the public of these license requirements.

07/05/2007
72 FR 36655
Revision to the Unverified List--Guidance as to "Red Flags"
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On June 14, 2002, the Bureau of Industry and Security ("BIS") published a notice in the Federal Register that set forth a list of persons in foreign countries who were parties to past export transactions where pre-license checks or post-shipment verifications could not be conducted for reasons outside the control of the U.S. Government ("Unverified List").

06/19/2007
72 FR 33646
Revisions and Clarification of Export and Reexport Controls for the People's Republic of China (PRC); New Authorization Validated End-User; Revision of Import Certificate and PRC End-User Statement Requirements
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In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise and clarify U.S. licensing requirements and licensing policy on exports and reexports of items to the People's Republic of China (PRC). BIS published a revised policy and related amendments in proposed form in the Federal Register with a request for comments.

06/08/2007
72 FR 31716
Amendment to General Order No. 3: Expansion of the General Order and Addition of Certain Persons
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This final rule revises the Export Administration Regulations (EAR) by amending a general order published in the Federal Register on June 5, 2006 and later amended on September 6, 2006. The general order imposed a license requirement for exports and reexports of all items subject to the EAR where the transaction involved Mayrow General Trading (�Mayrow�) or entities related, as specified in that general order. This rule will expand the general order and add sixteen additional persons to it. Pursuant to the expansion, the general order will cover: i) persons regarding whom the U.S. Government possesses information of affiliation or relationship to Mayrow; and ii) other persons regarding whom the U.S. Government possesses information concerning the acquisition or attempted acquisition of commodities capable of being used to construct IEDs, as well as persons who are related to or affiliated with such persons. The order will apply to persons specifically listed who fit within either of these two groups.

06/07/2007
72 FR 31450
Additional Corrections to the Rule That Implemented the New Formula for Calculating Computer Performance: Adjusted Peak Performance (APP) in Weighted TeraFLOPS
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This rule makes changes to regulations implementing the new formula for calculating computer Adjusted Peak Performance in Weighted TeraFLOPS. This rule corrects the availability of the license exception for technology and software under restriction for specified �software� and �technology� for computers. These additional changes are intended to correct the scope of the license exception in certain Export Control Classification Numbers that were unintentionally narrowed by the rule published on March 22, 2007. In addition, this rule corrects a reference to a nonexistent Export Control Classification Number found in specified �technology� for computers.

06/05/2007
72 FR 31005
Authorization To Impose License Requirements for Exports or Reexports to Entities Acting Contrary to the National Security or Foreign Policy Interests of the United States
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This proposed rule would expand the scope of reasons for which BIS may add parties to the Entity List. This proposed rule would also amend the Export Administration Regulations (EAR) to state explicitly that a party listed on the Entity List has a right to request that its listing be removed or modified and would set procedures for addressing such requests. To be assured of consideration, comments on this proposed rule must be received by BIS on or before August 6, 2007.

05/11/2007
72 FR 26780
Action Affecting Export Privileges; Khalid Mahmood
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The Bureau of Industry and Security, U.S. Department of Commerce (``BIS'') has notified Khalid Mahmood (hereinafter referred to as ``Mahmood'') of its intention to initiate an administrative proceeding against Mahmood pursuant to Section 766.3 of the Export Administration Regulations (currently codified at 15 CFR parts 730-774 (2006)) (``Regulations'') \1\ and Section 13(c) of the Export Administration Act of 1979, as amended (50 U.S.C. app. sections 2401-2420 (2000)) (``Act''),\2\ by issuing a proposed charging letter to Mahmood that alleged that Mahmood committed six violations of the Regulations.

05/07/2007
72 FR 25680
Revisions to the Export Administration Regulations based on the 2006 Missile Technology Control Regime Plenary Agreements
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This final rule amends the Export Administration Regulations (EAR), to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the October 2006 Plenary in Copenhagen, Denmark. The amendments set forth in this rule also include adding a new Export Control Classification Number (ECCN) 7A107 to control three axis magnetic heading sensors designed or modified to be integrated with flight control and navigation systems.

05/04/2007
72 FR 25194
Updated Office Names, Office Addresses, Statements of Legal Authority and Statute Name and Citation
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This rule revises the address to which petitions for foreign availability assessments should be sent, revises office names and a statute name and citation. This rule also updates the legal authority citations for ten parts of the EAR.

04/24/2007
72 FR 20221
Revisions and Technical Correction to the Export Administration Regulations
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This rule amends the Export Administration Regulations (EAR) by making a technical correction to the contact information for the Drug Enforcement Administration. In addition, this rule amends the EAR by making corrections inadvertently omitted in three rules previously published in the Federal Register: 1) the August 31, 2006, final rule implementing the rescission of Libya�s designation as a state sponsor of terrorism; 2) the November 20, 2006, final rule imposing foreign policy controls on surreptitious communications intercepting devices; and 3) the January 26, 2007, final rule imposing restrictions on exports and reexports of luxury goods to the Democratic People�s Republic of Korea (North Korea).

03/22/07
72 FR 13440
Corrections to Rule that Implemented the New Formula for Calculating Computer Performance: Adjusted Peak Performance (APP) in Weighted TeraFLOPS
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This rule corrects errors that were published on April 24, 2006, in the rule that implemented the new formula for calculating computer performance in Weighted TeraFLOPS (71 FR 20876). These errors include references to Missile Technology controls that were removed by the April 24, 2006 rule, as well as errors related to scope of controls and license exceptions described in certain Export Control Classification Numbers.

03/19/07
72 FR 12729
Revisions to the Export Administration Regulations Based on U.S. Recognition of Montenegro as a Sovereign State; Correction
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The Bureau of Industry and Security (BIS) published a final rule in the Federal Register on Monday, November 27, 2006 (71 FR 68438) that amended the Export Administration Regulations (EAR) to add �Montenegro� and �Serbia� as separate countries in the EAR and to establish separate export licensing requirements for Montenegro and Serbia. The November 27, 2006, final rule omitted a conforming amendment to the list of States Parties to the Chemical Weapons Convention in the EAR. This document corrects that rule by listing Serbia and Montenegro as separate countries on that list.

03/06/07
72 FR 9847
Revisions and Clarifications of License Exception Availability, License Requirements and Licensing Policy for Certain Crime Control Items
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This rule removes the geographic restrictions on use of a license exception used to ship items to U.S. government agencies, applies those geographic restrictions on use of license exceptions to crime control software and technology, reclassifies thumbcuffs on the Commerce Control List, and restates and emphasizes BIS�s policy of distinguishing crime control items from specially designed implements of torture for export control purposes.

03/02/07
72 FR 9433
Addition of Entities to the Entity List
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This final rule amends the Export Administration Regulations (EAR) to add two entities located in the United Arab Emirates (U.A.E.) to the Entity List. The Entity List is a compilation of end-users that present an unacceptable risk of using or diverting certain items to activities related to weapons of mass destruction. BIS requires a license for most exports or reexports to these entities and maintains the Entity List to inform the public of these license requirements.

02/26/07
72 FR 8315
Country Group C: Destinations of Diversion Concern
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The Department of Commerce�s Bureau of Industry and Security (BIS) is considering amendments to the Export Administration Regulations (EAR) to further the national security interests of the United States by designating Country Group C for countries that are �Destinations of Diversion Concern.� This amendment would establish license requirements for exports and reexports to countries that represent a concern for the diversion of items subject to the EAR. BIS by this notice requests comments on Country Group C. Comments are due no later than close of business March 12, 2007.

01/29/07
72 FR 3943
Technical Corrections to the Export Administration Regulations and to the Defense Priorities and Allocations System (DPAS) Regulation
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This final rule amends the Export Administration Regulations (EAR) to remove an outdated reference to another agency's schedule that is no longer used by that other agency; to remove an outdated reference to another department's regulations and replace it with the department name and regulatory reference that is currently in use; to correct two references in the EAR that inadvertently directed the public to the wrong sections of the EAR for further information; and to correct contact information listed in the EAR. This rule also corrects a typographical error in a final rule published in the Federal Register on July 13, 2006 (71 FR 39526) that made administrative and technical corrections to the Defense Priorities and Allocations System (DPAS) Regulation (15 CFR part 700).

01/26/07
72 FR 3722
North Korea: Imposition of New Foreign Policy Controls
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In accordance with recent United Nations (UN) Security Council resolutions and the foreign policy interests of the United States, the United States Government is imposing restrictions on exports and reexports of luxury goods to the Democratic People's Republic of Korea (North Korea), and is continuing to restrict exports and reexports of nuclear or missile-related items and other items included on the Commerce Control List (CCL). To this end, the Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to impose license requirements for the export and reexport of virtually all items subject to the EAR to North Korea, except food and medicines not listed on the CCL.

11/27/06
71 FR 68438
Addition of ``Montenegro'' and ``Serbia'' as Separate Countries in the Export Administration Regulations Based on U.S. Recognition of Montenegro as a Sovereign State
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The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to add ``Montenegro'' and ``Serbia'' as separate countries in the EAR and to establish separate export licensing requirements for Montenegro and Serbia. BIS is taking this action to update the EAR to reflect the United States' recognition of Montenegro as a sovereign state by the United States.

11/24/06
71 FR 67786
Implementation of the Understandings Reached at the June 2006 Australia Group (AG) Plenary Meeting; Clarifications and Corrections; Additions to the List of States Parties to the Chemical Weapons Convention (CWC)
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This rule amends the Export Administration Regulations (EAR) to: implement the understandings reached at the June 2006 plenary meeting of the Australia Group (AG); correct errors in two AG-related Commerce Control List (CCL) entries; clarify certain AG-related license application requirements; and update the list of countries that currently are States Parties to the Chemical Weapons Convention (CWC). Specifically, this rule implements the understandings reached at the June 2006 AG plenary meeting by amending ECCN 1C351 to add certain fungi and toxins previously controlled under ECCN 1C360.a.2. and .a.3 (this change is coupled with conforming changes to ECCNs 1C360, 1C353, and 1C991) and by amending ECCN 2B350 to include certain chemical manufacturing facilities and equipment in which all surfaces that come in direct contact with the chemical(s) being processed or contained are made from niobium (columbium) or niobium alloys. This rule also corrects errors in ECCNs 1C350 and 1C355 and amends Section 742.2 of the EAR to add a new paragraph (e) that clarifies certain AG-related license application requirements. In addition, this rule revises Supplement No. 2 to Part 745 of the EAR by adding the Central African Republic and Comoros, which recently became States Parties to the CWC.

11/20/06
71 FR 67034
Imposition of Foreign Policy Controls on Surreptitious Communications Intercepting Devices
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The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by imposing new foreign policy export and reexport controls on devices primarily useful for the surreptitious interception of wire, oral, or electronic communications classified under Export Control Classification Number (ECCN) 5A980. In this rule, BIS also imposes controls on related software and technology by creating ECCNs 5D980 and 5E980. BIS is taking this action in order to prevent the unlawful interception of oral, wire, or electronic communications by terrorists and others who may put the information gained through intercepted communications to an unlawful use, to promote the protection of privacy of oral, wire, or electronic communications; and to protect against threats of terrorism around the world.

10/19/06
71 FR 61692
Proposed Rule Revisions and Clarification of Export and Reexport Controls for the People's Republic of China (PRC); New Authorization Validated End-User
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This notice extends the comment period on a July 6, 2006 proposed rule in which the Bureau of Industry and Security (BIS) proposed amending the Export Administration Regulations (EAR) to revise and clarify the United States' policy for exports and reexports of dual-use items to the People's Republic of China (PRC). All comments on the proposed rule must be received by no later than December 4, 2006.

10/18/06
71 FR 61435
Withdrawal of Proposed Rule: Revised "Knowledge" Definition, Revision of "Red Flags" Guidance and Safe Harbor
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BIS is withdrawing a proposed rule published October 2004. That rule would have revised the definition of "knowledge" in the Export Administration Regulations. It also would have updated the �red flags" guidance and would have provided a safe harbor from liability arising from knowledge under the definition of that term. In light of the public comments received on the proposed rule and BIS�s review of relevant provisions of the existing regulations, this proposed rule is being withdrawn.

09/13/06
71 FR 53964
Amendment to General Order No. 3: Addition of Certain Entities; Correction
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This correcting amendment corrects an inadvertent error in the final rule that was published by the Bureau of Industry and Security (BIS) on September 6, 2006 (71 FR 52426). In the September 6, 2006, final rule, the amendatory instruction for General Order No. 3 to Supplement No. 1 to part 736, paragraph (a)(1) did not specify that the entire paragraph (a)(1) was being revised. This document corrects that error by revising that paragraph of the general order.

09/07/06
71 FR 52955
December 2005 Wassenaar Arrangement Plenary Agreement Implementation: Categories 1, 2, 3, 5 Part I (Telecommunications), 5 Part II (Information Security), 6, 8, and 9 of the Commerce Control List; Wassenaar Reporting Requirements; Definitions; and Certain New or Expanded Export Controls
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The Bureau of Industry and Security (BIS) maintains the Commerce Control List (CCL), which identifies items subject to Department of Commerce export controls. This final rule revises the Export Administration Regulations (EAR) to implement changes made to the Wassenaar Arrangement's List of Dual-Use Goods and Technologies (Wassenaar List), and Statements of Understanding 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, or WA.) The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability. To accommodate the changes to the Wassenaar List, this rule revises the EAR by amending certain entries that are controlled for national security reasons in Categories 1, 2, 3, 5 Part I (Telecommunications), 5 Part II (Information Security), 6, 8, and 9, and by amending the EAR Definitions.

09/06/06
71 FR 52428
Revisions to the Export Administration Regulations Based on the 2005 Missile Technology Control Regime Plenary Agreements; Correction
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The Bureau of Industry and Security (BIS) published a final rule in the Federal Register on Monday, July 31, 2006 (71 FR 43043) that amended the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the September 2005 Plenary in Madrid, Spain. The July 31, 2006, final rule contained an error in the amendatory language for ECCN 9A120. This document corrects that error by revising that section.

09/06/06
71 FR 52426
Amendment to General Order No. 3: Addition of Certain Entities
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The Bureau of Industry and Security is revising the Export Administration Regulations (EAR) by amending a general order published on June 5, 2006 in the Federal Register to add nine additional entities related to Mayrow General Trading. That general order imposed a license requirement for exports and reexports of all items subject to EAR where the transaction involved Mayrow General Trading or entities related, as specified in that general order. The order also prohibited the use of License Exceptions for exports or reexports of any items subject to the EAR involving such entities. This rule will add the following entities related to Mayrow General Trading to that general order: Akbar Ashraf Vaghefi (Germany and the United Arab Emirates (UAE)), Neda Overseas Electronics L.L.C. (UAE), Mostafa Salehi (UAE), IKCO Trading GmbH (Germany), Pyramid Technologies (UAE), A.H. Shamnad (UAE), S. Basheer (UAE), Hamed Athari (UAE), and Mayrow Technics Co. (UAE). In addition, this rule will spell out the full name and provide a pseudonym of one of the previous entities listed in the general order, F.N. Yaghmaei, as Farrokh Nia Yaghmaei, a.k.a., Farrokh Nia Yaghmayi.

08/31/06
71 FR 51714
Implementation in the Export Administration Regulations of the United States' Rescission of Libya's Designation as a State Sponsor of Terrorism and Revisions Applicable to Iraq
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In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement the June 30, 2006 rescission of Libya's designation as a state sponsor of terrorism. The rescission followed the President's May 15, 2006 submission of a report to Congress certifying that Libya had not provided any support for international terrorism during the preceding six months and that Libya had provided assurances that it would not support future acts of international terrorism. To implement the rescission, BIS amends the EAR by removing Libya from the list of terrorist supporting countries in Country Group E:1, and by making other conforming amendments and related revisions throughout the EAR. In particular, Libya is added to Country Group D:1 and remains in Country Groups D:2, D:3, and D:4.

08/08/06
71 FR 44943
Meetings in Boston, Chicago, Houston and La Jolla With Interested Public on the Proposed Rule: Revisions and Clarification of Export and Reexport Controls for the People's Republic of China (PRC); New Authorization Validated End-User
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The Bureau of Industry and Security (BIS) will hold meetings on August 15, 17, 21 and 22, 2006 for those companies, organizations, and individuals that have an interest in understanding the United States' revised policy for exports and reexports of dual-use items to the People's Republic of China (PRC) as presented in the proposed rule published in the Federal Register on July 6, 2006. U.S. Government officials will explain the amendments proposed in the rule and answer questions from the public.

08/04/06
71 FR 44189
Revision and Clarification of Civil Monetary Penalty Provisions of the Export Administration Regulations
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This final rule amends the Export Administration Regulations (EAR) to clarify the civil monetary penalties that BIS may impose for violations of the EAR during periods when the EAR are continued under the Export Administration Act, of 1979, as amended, the International Emergency Economic Powers Act, as amended, or other statutory authority. BIS is revising the EAR to reflect amendments to the International Emergency Economic Powers Act made by the USA PATRIOT ACT Improvement and Reauthorization Act of 2005.

07/31/06
71 FR 43047
CFR Correction
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In Title 15 of the Code of Federal Regulations, Parts 300 to 799, revised as of January 1, 2006, on page 772, Supplement I to Part 774 is corrected by reinstating Export Control Classification Number 7A101 to Category 7 to read as follows: PART 774--THE COMMERCE CONTROL LIST * * * * * Category 7--Navigation and Avionics * * * * * 7A101 Accelerometers, other than those controlled by 7A001, with a threshold of 0.05 g or less, or a linearity error within 0.25% of full scale output, or both, which are designed for use in inertial navigation systems or in guidance systems of all types and specially designed components therefor.

07/31/06
71 FR 43043
Revisions to the Export Administration Regulations Based on the 2005 Missile Technology Control Regime Plenary Agreements
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The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the September 2005 Plenary in Madrid, Spain.
The amendments set forth in this rule also reflect a change to make one additional missile technology (MT) controlled item available for certain license exceptions.

07/18/06
71 FR 40691
Action Affecting Export Privileges; Diaa Mohsen; In the Matter of: Diaa Mohsen, 927 Pavonia Avenue, Apartment 2, Jersey City, NJ 07306; Order Denying Export Privileges
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On February 15, 2002, in the U.S. District Court in the Southern District of Florida, following a plea of guilty, Diaa Mohsen ("Mohsen") was convicted of violating section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2000)) ("AECA"). Mohsen pled guilty of knowingly and willfully attempting to export from the United States to Pakistan stinger missiles and night vision goggles, items designated as defense articles without obtaining the required approval from the U.S. Department of State.

07/13/06
71 FR 39603
Mandatory Use of Simplified Network Application Processing System
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The Bureau of Industry and Security (BIS) is withdrawing a proposed rule that was published on November 12, 2002 and that would have made use of the Simplified Network Application Process (SNAP) mandatory and that would have comprehensively revised the provisions of the Export Administration Regulations (EAR) that govern electronic filing. BIS is continuing to work on improvements to its on-line application system and will issue new rules as needed to implement those improvements.

07/12/06
71 FR 39297
Revision to the Unverified List--Guidance as to "Red Flags"
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On June 14, 2002, the Bureau of Industry and Security ("BIS") published a notice in the Federal Register that set forth a list of persons in foreign countries who were parties to past export transactions where pre-license checks or post-shipment verifications could not be conducted for reasons outside the control of the U.S. Government ("Unverified List"). Additionally, on July 16, 2004, BIS published a notice in the Federal Register that advised exporters that the Unverified List would also include persons in foreign countries in transactions where BIS is not able to verify the existence or authenticity of the end-user, intermediate consignee, ultimate consignee, or other party to the transaction. These notices advised 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.

07/06/06
71 FR 38321
Anitboycott Penalty Guidelines, Proposed Rule, Correction
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This notice corrects a transposition error in the Regulatory Identification Number (RIN) in the preamble to a proposed rule that the Bureau of Industry and Security published on June 30, 2006 (71 FR 37571). The correct RIN is 0694-AD63. The RIN was incorrectly listed as 0694-AD36.

07/06/06
71 FR 38313
Revisions and Clarification of Export and Reexport Controls for the People's Republic of China (PRC); New Authorization Validated End-User
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This rule proposes the creation of a new authorization for validated end-users in certain destinations, including the PRC, to whom certain, specified items may be exported or reexported. Such validated end-users would be placed on a list in the EAR after review and approval by the United States Government.

06/30/06
71 FR 37517
Antiboycott Penalty Guidelines
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This proposed rule would set forth BIS policy concerning voluntary self disclosures of violations of part 760 (Restrictive Trade Practices or Boycotts) of the Export Administration Regulations (EAR) and violations of part 762 (Recordkeeping) of the EAR that relate to part 760. This proposed rule also would set forth the factors that the Bureau of Industry and Security (BIS) considers when deciding whether to pursue administrative charges or settle allegations of such violations as well as the factors that BIS considers when deciding what level of penalty to seek in administrative cases. To be assured of consideration, comments on this proposed rule must be received by BIS on or before August 29, 2006.

06/22/06
71 FR 35989
Correction to the Implementation of Unilateral Chemical/Biological (CB) Controls on Certain Biological Agents and Toxins; Clarification of Controls on Medical Products Containing Certain Toxins on the Australia Group (AG) Common Control Lists; Additions to the List of States Parties to the Chemical Weapons Convention (CWC)
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This rule corrects Supplement No. 1 to Part 774.

06/12/06
71 FR 33614
Implementation of Unilateral Chemical/Biological (CB) Controls on Certain Biological Agents and Toxins; Clarification of Controls on Medical Products Containing Certain Toxins on the Australia Group (AG) Common Control Lists; Additions to the List of States Parties to the Chemical Weapons Convention (CWC)
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This rule amends the Export Administration Regulations (EAR) to expand export and reexport controls on "select agents and toxins" not currently listed on the Commerce Control List (CCL) that have been determined by the Centers for Disease Control and Prevention (CDC) and the Animal and Plant Health Inspection Service (APHIS) to have the potential to pose a severe threat to human, animal and plant life, as well as certain sectors of the U.S. economy. The expanded export and reeexport controls are intended to complement the controls that CDC and APHIS have imposed on the possession, use, and transfer of these select agents and toxins within the United States. This rule also amends the EAR to: (1) clarify controls on certain medical products containing toxins on the Australia Group (AG) Common Control Lists, except ricin and saxitoxin, by amending the definition of "medical products" in Export Control Classification Number (ECCN) 1C991; (2) remove license requirements for exports and reexports to St. Kitts and Nevis of items that require a license for export or reexport only to countries of concern for chemical and biological weapons proliferation reasons (i.e., Country Group D:3); and (3) update the list of countries that currently are States Parties to the Chemical Weapons Convention (CWC) by adding Antigua and Barbuda, Bhutan, Cambodia, the Democratic Republic of the Congo, Djibouti, Grenada, Haiti, Honduras, Liberia, and Vanuatu.

06/08/06
71 FR 33211
Correction to General Order Concerning Mayrow General Trading and Related Entities
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This rule final rule; correction corrects an inadvertent error in the telephone number listed in the For Further Information Contact: section of the preamble of a final rule that appeared in the Federal Register on June 5, 2006 (71 FR 32272). The correct number for further information in the preamble of that rule should have been listed as (202) 482-1208, x3.

06/05/06
71 FR 32272
General Order Concerning Mayrow General Trading and Related Entities
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This final rule amends the Export Administration Regulations (EAR) by issuing a general order to impose a license requirement for exports and reexports of all items subject to the Export Administration Regulations (EAR) where the transaction involves Mayrow General Trading or entities related, as follows: Micatic General Trading; Majidco Micro Electronics; Atlinx Electronics; Micro Middle East Electronics; Narinco; F.N. Yaghmaei; and H. Ghasir. Mayrow General Trading and all entities related are located in Dubai, United Arab Emirates. This order also prohibits the use of License Exceptions for exports or reexports of any items subject to the EAR involving these entities. This final rule also adds a reference to the new general order in the part of the EAR that sets forth end-use and end-user license requirements.

05/31/06
71 FR 30840
Revisions and Clarification of Deemed Export Related Regulatory Requirements (Withdrawal of advance notice of proposed rulemaking)
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The Bureau of Industry and Security (BIS) has reviewed the public comments received in response to the ``Advance Notice of Proposed Rulemaking: Revision and Clarification of Deemed Export Related Regulatory Requirements'' (ANPR) published in the Federal Register on March 28, 2005. The ANPR identified recommendations contained in the U.S. Department of Commerce Office of Inspector General (OIG) Report entitled ``Deemed Export Controls May Not Stop the Transfer of Sensitive Technology to Foreign Nationals in the U.S.'' (Final Inspection Report No. IPE-16176--March 2004). This action discusses concerns raised by the OIG and summarizes public comments received in response to the ANPR. This document also states that the current BIS licensing policy related to deemed exports is appropriate and confirms that the existing definition of ``use'' adequately reflects the underlying export controls policy rationale in the Export Administration Regulations (EAR). As such, BIS is withdrawing the ANPR. In addition, this action addresses comments on the scope of the fundamental research provisions in the EAR.

05/30/06
71 FR 30283
Cuba: Revisions of Personal Baggage Rules
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This final rule amends the Export Administration Regulations (EAR) to clarify that certain personal articles are exempt from the 44- pound weight limit on personal baggage authorized for export to Cuba under License Exception Baggage (BAG).

05/22/06
71 FR 29301
Establishment of Advisory Committee and Clarification of Deemed Export-Related Regulatory Requirements
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The Bureau of Industry and Security (BIS) is announcing the creation of a Federal Advisory Committee that will review and provide recommendations to the Department of Commerce on deemed export policy. The Deemed Export Advisory Committee (DEAC) will help ensure that the deemed export licensing policy most effectively protects national security while ensuring the U.S. continues to be at the leading edge of technological innovation. This notice also provides an overview of steps that BIS has taken to improve understanding of deemed export policy within academia and industry, including outreach activities conducted by BIS.

05/12/06
71 FR 27604
Revised Appeal Procedure for Persons Designated as Related Persons to Denial Orders
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This rule revises Section 766.23(c) of the Export Administration Regulations (EAR) to make the appeal procedure for any person named as a related person to the respondent in an order denying export privileges identical to the appeal procedure for the respondent in that order. Prior to publication of this rule appeals by such related persons were subject to different procedures than appeals by the respondent in the case of orders issued under �766.25 for violations of certain statutes, orders issued for violations related to part 760 (Restrictive Trade Practices and Boycotts) and temporary denial orders issued under �766.24.

05/02/06
71 FR 25746
Implementation of New Formula for Calculating Computer Performance: Adjusted Peak Performance (APP) in Weighted TeraFLOPS; Bulgaria; XP and MT Controls
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This document corrects four errors that appeared in a rule published by the Bureau of Industry and Security on April 24, 2006 (71 FR 20876). That rule implemented a new formula for computer performance as agreed to by the Wassenaar Arrangement, moved Bulgaria from Computer Tier 3 to Computer Tier 1, and made other related technical changes.

04/24/04
71 FR 20876
Implementation of New Formula for Calculating Computer Performance: Adjusted Peak Performance (APP) in Weighted TeraFLOPS; Bulgaria; XP and MT Controls
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The This rule is effective immediately except the revision to move Bulgaria from Computer Tier 3 to Computer Tier 1. The Bulgaria revision will become effective on June 3rd, barring any concerns from Congress. This final rule will amend the Export Administration Regulations to implement the Wassenaar Arrangement�s December 2005 agreement to revise the formula for calculating computer performance from Composite Theoretical Performance (CTP) measured in Millions of Theoretical Operations Per Second (MTOPS) to Adjusted Peak Performance (APP) measured in Weighted TeraFLOPS (WT). This rule will also establish new control levels in the Commerce Control List expressed in WT.

Also note that exporters will no longer be able to use the C39 (License Exception CTP) as of Monday for the Automated Export System (AES). They will have to use a new code C53 for License Exception APP starting Monday, April 24, 2006. However, C39 will be available for making corrections in AES.

Published March 25, 1996 - February 2001 || Published March 2001 - February 2006