02/24/06
71 FR 9441
Clarification to the Export Administration Regulations; General Order to Implement the Syria Accountability and Lebanese Sovereignty Act
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The Bureau of Industry and Security publishes this final rule to amend the Export Administration Regulations (EAR) by adding two cross-references to the General Order Implementing the Syria Accountability and Lebanese Sovereignty Act (Syria General Order). This amendment clarifies that provisions of the Syria General Order set forth special controls on exports and reexports to Syria and supersede other provisions in the EAR specific to Syria.
12/08/05
70 FR 72983
Correction to "Revision to the Unverified List--Guidance as to 'Red Flags' "
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In a Federal Register Notice published on October 31, 2005, (Federal Register, Vol. 70, No. 209, page 62295), the Department of Commerce, Bureau of Industry and Security published a notice entitled "Revision to the Unverified List--Guidance as to 'Red Flags' ". This notice inadvertently included a misspelling of the name of one Entity: "Elaton Company" should have been spelled "Etalon Company". This Notice advises exporters that the correct information for this Entity is: Etalon Company, 20B Berezhkovskaya Naberezhnaya, Moscow, Russia.
12/01/05
70 FR 72073
Revisions to the Import Certificate Requirements in the Export Administration Regulations
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This final rule amends the Export Administration Regulations (EAR) by removing the requirement to obtain an Import Certificate in support of an export or reexport license when the ultimate consignee or purchaser is a foreign government or agency of Bulgaria, Czech Republic, Hungary, Poland, Romania, Slovakia, and India.
11/15/05
70 FR 69432
Establishment of New License Exception for the Export or Reexport to U.S. Persons in Libya of Certain Items Controlled for Anti-Terrorism Reasons Only on the Commerce Control List
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In this interim rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement changes to export and reexport controls with respect to Libya. Specifically, in this rule, BIS establishes a License Exception authorizing the export or reexport to U.S. persons in Libya of certain items listed on the Commerce Control List and controlled for anti-terrorism (AT) reasons only. This rule is consistent with the President's decision to modify United States' sanctions against Libya, in response to Libya's continuing efforts to dismantle its weapons of mass destruction (WMD) and missile programs and its renunciation of terrorism.
11/07/05
70 FR 67346
Revision of License Requirements and Licensing Policy, and Increased Availability of License Exceptions for Certain North Atlantic Treaty Organization (NATO) Member States
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This final rule amends certain provisions of the Export Administration Regulations (EAR) that affect Bulgaria, Czech Republic, Estonia, Hungary, Iceland, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia. These amendments provide consistent treatment to all NATO member states with respect to national security-based license requirements, national security licensing policy, availability of certain License Exceptions, and certain in-transit transactions.
10/31/05
70 FR 62295
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").
10/31/05
70 FR 62237
Technical Correction
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This final rule corrects an inadvertent error in the final rule that was published by the Bureau of Industry and Security (BIS) on Friday, September 16, 2005 (70 FR 54626). This correction ensures that paragraphs in Supplement No. 2 to part 736 of the ExportAdministration Regulations are consistently designated.
09/16/05
70 FR 54626
Revisions and Clarifications to the Export AdministrationRegulations
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This final rule amends the Export Administration Regulations (EAR), by deleting a redundant paragraph and redesignating the remaining paragraphs in one section for clarity; inserting material inadvertently omitted from previous rules in three places in the EAR; clarifying instructions for applying for authorization to transfer items subject to the EAR in-country, adding an alias for a previously listed entity on the Entity List; and removing references to two ECCNs that do not exist.
08/30/05
70 FR 51251
Removal of License Requirements for Exports and Reexports to India of Items Controlled Unilaterally for Nuclear Nonproliferation Reasons and Removal of Certain Indian Entiites from the Entity List
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This final rule amends the Export Administration Regulations (EAR) by removing NP2 license requirements from India and by removing six Indian entities from the Entity List.Three of these entities are Department of Atomic Energy entities, "Tarapur (TAPS 1 & 2)," "Rajasthan (RAPS 1& 2)," and "Kudankulam (1 & 2)." TAPS 1 & 2 and RAPS 1 & 2 are under International Atomic Energy Agency (IAEA) safeguards. Kudankulam 1 & 2 is under construction. The Government of India and the IAEA have agreed that this facility will be subject to IAEA safeguards upon completion. The other three entities are Indian Space Research Organization (ISRO) subordinate entities, specifically, "ISRO Telemetry, Tracking and Command Network (ISTRAC)," "ISRO Inertial Systems Unit (IISU), Thiruvananthapuram," and "Space Applications Center (SAC), Ahmadabad." This final rule implements the final phase of the Next Steps in Strategic Partnership (NSSP) with India.
08/05/05
70 FR 45276
Implementation of the Understandings Reached at the April 2005 Australia Group (AG) Plenary Meeting
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This rule amends the Export Administration Regulations (EAR) to implement the understandings reached at the April 2005 plenary meeting of the Australia Group (AG) and update the list of States Parties to the Chemical Weapons Convention (CWC). This rule implements the April 2005 AG understandings by: revising the Technical Note in ECCN 1C353 to clarify the scope of the chemical/biological (CB) controls that apply to certain genetic elements and genetically modified organisms; amending ECCN 2B350 to clarify controls on pumps usable for making chemical weapons and AG-controlled precursor chemicals; amending ECCN 2B352 to control certain spraying or fogging systems, spray booms or arrays of aerosol generating units and components therefor; and amending the Commerce Country Chart and Country Groups A:3 and D:3 to reflect the addition of Ukraine as the newest participating country in the AG. This rule updates the list of States Parties to the CWC (Supplement No. 2 to Part 745 of the EAR) by: adding Niue, which recently became a State Party; adding a footnote to the entry for the Netherlands to indicate that, for CWC purposes only, the Netherlands includes Aruba and the Netherlands Antilles; and removing the entry for "Yugoslavia (Federal Republic of)" and replacing it with "Serbia and Montenegro."
07/26/05
70 FR 43041
December 2004 Wassenaar Arrangement Plenary Agreement Implementation: Categories 1, 2, 3, 4, 5 Part I (telecommunications), 6, 7, 8, and 9 of the Commerce Control List; Wassenaar Reporting Requirements; Definitions; and Certain New or Expanded Export Controls; Final rule; correction
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On Friday, July 15, 2005, 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 2004 plenary meeting of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies. The July 15 final rule contained an inadvertent typographical error in the amendatory language for Export Control Classification Number 3A002, which controls general purpose electronic equipment. This document corrects that error. This rule also corrects a statement of the license requirements for deemed export license applications found in the Background section of the July 15 final rule.
07/21/05
70 FR 41093
Exports of Nuclear Grade Graphite: Change in Licensing Jurisdiction
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The Bureau of Industry and Security is publishing this final rule to make nuclear grade graphite intended for non-nuclear end uses subject to the Export Administration Regulations' licensing jurisdiction, and imposes a license requirement for exports and reexports to destinations of concern for nuclear proliferation reasons. The Nuclear Regulatory Commission (NRC) is discontinuing such jurisdiction in a corresponding final rule published in this same issue of the Federal Register. This transfer of jurisdiction and the imposition of license requirements only to destinations of concern for nuclear proliferation reasons are intended to remove the licensing burden on exporters of nuclear grade graphite intended for non-nuclear end uses to most destinations.
07/15/05
70 FR 41093
December 2004 Wassenaar Arrangement Plenary Agreement Implementation: Categories 1, 2, 3, 4, 5 Part I (Telecommunications), 6, 7, 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 certain entries controlled for national security reasons in Categories 1, 2, 3, 4, 5 Part I (telecommunications), 6, 7, 8, and 9, and Definitions to conform with changes in the Wassenaar Arrangement's List of Dual-Use Goods and Technologies 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). The Wassenaar Arrangement focuses on implementation of effective export controls on strategic items with the objective of improving regional and international security and stability.
06/09/05
70 FR 33693
Final Rule: Licensing Policy for Entities Sanctioned under Specified Statutes; License Requirement for Certain Sanctioned Entities; and Imposition of License Requirement for Tula Instrument Design Bureau
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This rule adopts an interim final rule that was published on March 7, 2005 without change as a final rule. It states BIS's licensing policy regarding transactions involving entities sanctioned by the State Department under three specified statutes, imposes a new license requirement for certain entities sanctioned by the State Department, and identifies one specific entity subject to this new license requirement, Tula Instrument Design Bureau of Russia.
05/27/05
70 FR 30655
Revision and Clarification of Deemed Export Related Regulatory Requirements
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This notice extends the comment period on an advance notice of proposed rulemaking addressing potential regulatory and policy changes that would effect existing BIS deemed export licensing practices. BIS is continuing to seek comments on how these revisions would impact industry, the academic community, and U.S. government agencies involved in research. The new comment period deadline is June 27, 2005.
05/24/05
70 FR 29660
Proposed Rule: Imposition of License Requirement for Exports and Reexports of Missile Technology-Controlled Items Destined to Canada
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This proposed rule would amend the Export Administration Regulations (EAR) by imposing a license requirement for exports and reexports of items controlled for missile technology (MT) reasons to Canada. To date, the EAR have required a license for MT-controlled items to all destinations except Canada, and generally no license exceptions are available for MT-controlled items. This rule is consistent with a recommendation made by the General Accounting Office (GAO (renamed the Government Accountability Office)) in a 2001 report that BIS either impose a license requirement for exports and reexports of MT-controlled items to Canada, based on section 6(l) of the Export Administration Act of 1979, as amended, or seek a statutory change. In the event of final publication, the effect of this rule is that all exports and reexports of MT-controlled items to any destination require a license and will be subject to prior review.
04/29/05
70 FR 22247
Revised Contact Information, Nomenclature Change and Correction of Citation Error
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This rule revises the delivery address for the ENC Encryption Request Coordinator and the office within BIS that receives encryption review requests and reports. The rule also revises the facsimile number for the Office of Exporter Services, corrects the name of the Outreach and Educational Services Division, revises the office to which a voluntary self-disclosure may be sent, revises the title and address of the official to whom a voluntary self-disclosure may be sent, and corrects a citation error.
04/26/05
70 FR 21394
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, requiring heightened scrutiny by the exporter before proceeding with such a transaction. This notice adds one entity to the Unverified List. The entity is: Parrlab Technical Solutions, LTD, 1204, 12F Shanghai Industrial Building, 48-62 Hennesey Road, Wan Chai, Hong Kong Special Administrative Region.
04/21/05
70 FR 19688
Expansion of the Country Scope of the License Requirements that Apply to Chemical/Biological (CB) Equipment and Related Technology; Amendments to CB-Related End-User/End-Use and U.S. Person Controls; Correction
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In rule document 05-7523 beginning on page 19688 in the issue of Thursday, April 14, 2005, make the following correction:On page 19692, the first table should be corrected in part to read as follows: CB applies to "technology" for items CB Column 1. controlled by 1C351, 1C352, 1C353, or 1C354.
04/14/05
70 FR 19688
Expansion of the Country Scope of the License Requirements that Apply to Chemical/Biological (CB) Equipment and Related Technology; Amendments to CB-Related End-User/End-Use and U.S. Person Controls
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The Bureau of Industry and Security (BIS) is publishing this final rule to amend the Export Administration Regulations (EAR) by increasing the country scope of chemical/biological (CB) controls on those Commerce Control List (CCL) entries that contain chemical/biological equipment and related technology included on the Australia Group (AG) Common Control Lists. Specifically, this final rule expands the country scope of the CB license requirements for these CCL entries from certain countries of concern for chemical/biological weapons reasons to all destinations, worldwide, except for those countries that participate in the Australia Group (AG). These changes are intended to make the EAR license requirements that apply to chemical/biological equipment and related technology identified on the AG Common Control Lists consistent with the AG "Guidelines for Transfers of Sensitive Chemical or Biological Items."
03/30/05
70 FR 16110
Amendments Affecting the Country Scope of the Chemical/Biological End-User/End-Use Controls
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The Bureau of Industry and Security (BIS) is publishing this final rule to amend the chemical and biological weapons end-user/end-use controls in the Export Administration Regulations (EAR). Specifically, this final rule expands the country scope of the EAR restrictions on certain chemical and biological weapons end-uses to apply to exports and reexports of items subject to the EAR to any destination, worldwide. Prior to the publication of this rule, such restrictions applied only to exports and reexports of items subject to the EAR to certain countries of concern for chemical and/or biological reasons. The amendments are consistent with the "catch-all" provisions in the Australia Group's (AG) "Guidelines for Transfers of Sensitive Chemical or Biological Items."
03/25/05
70 FR 15607
Revision and Clarification of Deemed Export Related Regulatory Requirements
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The Bureau of Industry and Security (BIS) is reviewing the recommendations contained in the U.S. Department of Commerce Office of Inspector General 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). Certain of these recommendations would require regulatory changes that would affect existing requirements and policies for deemed export licenses. BIS is seeking comments on how these revisions would affect industry, the academic community, and U.S. government agencies involved in research.
03/22/05
70 FR 14387
Revision of Export and Reexport Restrictions on Libya
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In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement further changes to export and reexport controls with respect to Libya. The majority of changes are based on comments submitted to BIS as requested in an earlier interim rule. This rule also corrects an inadvertent error in that interim rule.
03/22/05
70 FR 14385
Editorial Corrections to the Export Administration Regulations
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This final rule amends the Export Administration Regulations to update a fax number and to update the list of information collections. The Paperwork Collection List identifies the control numbers assigned to information collection requirements under the Export Administration Regulations (EAR) by the Office of Management and Budget pursuant to the Paperwork Reduction Act. This action makes editorial corrections and updates and is not intended to have a substantive effect on the rights or obligations of the public.
03/10/05
70 FR 11858
Revisions to the Export Administration Regulations based on the 2004 Missile Technology Control Regime Plenary Agreements; Additions to the Entity List; Revisions to the Missile Catch-All Controls
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This final rule amends the Export Administration Regulations (EAR), including various entries on the Commerce Control List (CCL), to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the October 2004 Plenary in Seoul, South Korea, as well as the plenary decision to allow Bulgaria to become a member of the MTCR. In addition, this rule adds four Syrian entities to the Entity List. Lastly, this rule revises the missile catch-all controls for Restrictions on Certain Rocket Systems.
03/07/05
70 FR 10865
Licensing Policy for Entities Sanctioned under Specified Statutes; License Requirement for Certain Sanctioned Entities; and Imposition of License Requirement for Tula Instrument Design Bureau
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This rule states BIS's licensing policy regarding transactions involving entities sanctioned by the State Department under three specified statutes, imposes a new license requirement for certain entities sanctioned by the State Department, and identifies one specific entity subject to this new license requirement, Tula Instrument Design Bureau of Russia. This is an interim final rule with a request for comments. The deadline for comments is May 6, 2005
02/28/05
70 FR 9703
Revision of License Exception TMP for Activities by Organizations Working To Relieve Human Suffering in Sudan
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In rule document 05-3215 beginning on page 8251 in the issue of Friday, February 18, 2005, make the following corrections: 1. On page 8251, in the third column, in the first full paragraph, in the next to last line, "Sec. 730.2" should read "Sec. 740.2".
02/23/05
70 FR 8718
Denied Persons and Specially Designated Nationals
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This final rule removes all reference in the Export Administration Regulations (EAR) to the supplement containing the list of persons denied export privileges ("Denied Persons List" (DPL)) because no such supplement exists in the Code of Federal Regulations. In the past, such a supplement has been included only in the unofficial loose-leaf version of the EAR that is available by subscription from the U.S. Government Printing Office. In addition, the Bureau of Industry and Security provides notice to the public that it is discontinuing its practice of including in the loose-leaf version of the EAR both the DPL and the "Specially Designated Nationals and Blocked Persons" (SDN) List.
02/18/05
70 FR 8251
Revision of License Exception TMP for Activities by Organizations Working To Relieve Human Suffering in Sudan
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This rule revises the Export Administration Regulations to allow staff and employees of certain organizations to use License Exception TMP to export basic communications equipment such as cell phones, personal computers, personal digital assistants, global positioning systems or similar satellite receivers and related software to Sudan for up to one year to be used in the activities of those organizations to relieve human suffering.
02/18/05
70 FR 8245
Technical Corrections to the Export Administration Regulations
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This rule makes technical corrections to the Export Administration Regulations (EAR) by updating internal agency process matters, clarifying license exceptions, correcting citation errors and clarifying paperwork requirements. None of these technical corrections change the current interpretations or licensing requirements of the EAR.
01/13/05
70 FR 2348
Implementation of the Understandings Reached at the June 2004 Australia Group (AG) Plenary Meeting and Through a Subsequent AG Intersessional Decision; Correction
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Security (BIS) published a final rule that amended the Export Administration Regulations (EAR) to implement the understandings reached at the June 2004 plenary meeting of the Australia Group (AG) and through a subsequent AG intersessional decision. The December 29, 2004, final rule contained a typographical error in the description of the AG-related license requirements in the EAR, as well as an error in the amendatory language for ECCN 2B351, which controls certain toxic gas monitoring systems and dedicated detectors therefor. This document corrects those errors.
12/29/04
69 FR 77890
Implementation of the Understandings Reached at the June 2004 Australia Group (AG) Plenary Meeting and Through a Subsequent AG Intersessional Decision; Clarifications to the Scope of ECCNs 1A004, 1A995, and 2B351; Corrections to Country Group D and ECCNs 1C355, 1C395, and 1C995; Additions to the List of States Parties to the Chemical Weapons Convention
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The Bureau of Industry and Security (BIS) is publishing this final rule to amend the Export Administration Regulations (EAR) to implement the understandings reached at the June 2004 plenary meeting of the Australia Group (AG) and through a subsequent AG intersessional decision. Specifically, this final rule amends the EAR by adding three new bacteria and two new viruses to the list of AG-controlled plant pathogens described on the Commerce Control List (CCL). In addition, this rule amends the EAR to indicate that certain medical products identified on the CCL, which contain AG-controlled conotoxins, no longer require a license for chemical/biological (CB) reasons.
12/23/04
69 FR 76842
Revision of Export Control Classification Number (ECCN) 2B351 To Conform With the Australia Group (AG) "Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology"
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The Bureau of Industry and Security (BIS) is publishing this final rule to amend the Export Administration Regulations (EAR) by revising the Commerce Control List (CCL) entry that describes controls on certain toxic gas monitoring systems to conform with the Australia Group (AG) "Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology." Specifically, this final rule removes a technical note that contained an overly broad description of the types of toxic gas monitoring systems and detectors subject to chemical/biological (CB) controls under the EAR. The note covered a number of toxic gas monitoring systems and detectors not included on the AG control list. By removing the technical note, this final rule eliminates the CB license requirement for these toxic gas monitoring systems and detectors. Toxic gas monitoring systems and detectors that are included on the AG control list continue to require a license, for CB reasons, to certain destinations.
12/09/04
69 FR 71356
Encryption Export and Reexport Controls Revisions
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This rule revises: the criteria for determining if a foreign made item incorporating U.S. origin encryption is subject to the Export Administration Regulations; the notification requirements for beta test encryption software and certain "publicly available" encryption software; and the review and reporting requirements for exports and reexports of certain encryption items under License Exception ENC that are neither "publicly available" nor eligible for "mass market" treatment. It also makes technical changes.
12/07/04
69 FR 70753
Chemical Weapons Convention Regulations
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On April 25, 1997, the United States ratified the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, also known as the Chemical Weapons Convention (CWC or Convention). The Bureau of Industry and Security (BIS) published an interim rule, on December 30, 1999, that established the Chemical Weapons Convention Regulations (CWCR) to implement the provisions of the CWC affecting U.S. industry and other U.S. persons. The CWCR include requirements to report certain activities, involving scheduled chemicals and unscheduled discrete organic chemicals, and to provide access for on-site verification by international inspectors of certain facilities and locations in the United States. This proposed rule revises the CWCR by updating them to include additional requirements identified in the implementation of the CWC and to clarify other CWC requirements.
12/01/04
69 FR 69887
Technology Options (India) Pvt. Ltd. et al.
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On February 2, 2004, the Bureau of Industry and Security ("BIS") issued separate charging letters against the respondents, Technology Options (India) Pvt. Ltd. (Technology Options) and Shivram Rao (Rao), that alleged four violations each of the Export Administration Regulations (Regulations).\1\ The charging letters alleged that the respondents each committed one violation of section 764.2(d), two violations of section 764.2(h), and one violation of section 764.2(g) of the Regulations, issued under the Export Administration Act of 1979, as amended (50 U.S.C. app. 2401-2420 (2000)) ("Act").\2\
12/01/04
69 FR 69814
Correction to Revision of Licensee's Responsibility To Communicate License Conditions
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The Bureau of Industry and Security is correcting an interim rule that appeared in the Federal Register of November 23, 2004 (67 FR 68076). The rule amended the regulations to require licensees to communicate in writing specific licensing conditions. This rule amends the Export Administration Regulations (EAR) by correcting an error by inserting regulatory text inadvertently omitted.
11/23/04
69 FR 68076
Effective Date 12/23/2004
Revision of Licensee's Responsibility to Communicate License Conditions
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This rule revises one sentence �750.7(d) of the EAR to specify that the notifications of license conditions that licensee's are required to convey to the persons to whom the license conditions apply must be in writing. The rule also makes a technical correction to the heading of part 750. This rule is effective December 23, 2004.
11/15/04
69 FR 65555
Revised "Knowledge" Definition, Revision of "Red Flags" Guidance and Safe Harbor
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This notice reopens the comment period on a proposed rule that would revise the knowledge definition and the "red flags" guidance as well as create a safe harbor from knowledge based violations in the Export Administration Regulations.
11/15/04
69 FR 65539
Entity List: Removal of Four Russian Entities
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This final rule amends the Export Administration Regulations by removing four Russian entities from the Entity List, and by removing certain license requirements for exports and reexports to these entities, in conformance with a determination of the Department of State to remove nonproliferation measures imposed on these entities in 1998 and 1999.
11/12/04
69 FR 65368
Termination of Certain Emergencies With Respect to Yugoslavia and Related Removal of Restrictions on Transactions With Persons Identified by the Bracketed Initials [FRYM] Under the Export Administration Regulations
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In this rule, the Bureau of Industry and Security amends the Export Administration Regulations to delete the section that sets forth license requirements for exports and reexports to designated persons identified by the bracketed initials [FRYM]. The Department of the Treasury, Office of Foreign Assets Control (OFAC) used the bracketed initials [FRYM] to identify certain persons on the list of Specially Designated Nationals and Blocked Persons. OFAC discontinued the use of those bracketed initials following the termination of certain national emergencies with respect to Yugoslavia.
11/08/04
69 FR 64657
Revisions to the Export Administration Regulations: Removal of the List of Missile Projects and Expansion of Missile-Related End-Use and End-User Controls
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This interim rule amends the Export Administration Regulations (EAR) by removing the list of missile projects of concern and expanding license requirements for missile-related end-users and end-uses. This rule expands the scope of end-uses to which a license requirement applies to include certain rocket and unmanned air vehicle activities in certain countries of concern for missile proliferation reasons. In addition, this rule implements a new license requirement for exports, reexports and transfers anywhere in the world that applies when you know or are informed that an item subject to the EAR will be used in rocket systems or unmanned air vehicles of any range for the delivery of chemical, biological or nuclear weapons. These changes to the end-use and end-user controls are necessary to meet U.S. nonproliferation objectives and are consistent with the Missile Technology Control Regime (MTCR) Guidelines.
11/05/04
69 FR 64490
Microprocessor Technology Eligible for Export Under License Exception
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The Bureau of Industry and Security (BIS) is expanding the availability of License Exception CIV for certain deemed exports of microprocessor technology on the Commerce Control List (CCL) of the Export Administration Regulations (EAR) under Export Classification Control Numbers (ECCN) 3E001 and 3E002. These ECCNs control technology that can be used for the development and production of microprocessors. This final rule partially implements a proposed rule published on October 24, 2003. The proposed rule included the export and reexport of general purpose microprocessor technology under License Exception CIV, while this final rule limits License Exception CIV eligibility to deemed exports for certain microprocessor technology. BIS has determined that further liberalization of controls on exports of microprocessor technology must await agreement in the Wassenaar Arrangement. This rule also establishes a "Foreign National Review (FNR)" requirement under License Exception CIV for deemed exports of microprocessor technology to certain eligible foreign nationals.
11/05/04
69 FR 64483
Computer Technology and Software Eligible for Export Under License Exception; and Establishment of "Foreign National Review" Requirement and Procedure Harbor
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This final rule expands the availability of license exceptions for certain deemed exports of computer technology and source code under the Export Administration Regulations (EAR), partially implementing the expansion set forth in a proposed rule published on October 24, 2003. In addition, this final rule clarifies certain provisions of License Exception CTP. This rule also establishes a new "Foreign National Review (FNR)" requirement for deemed exports of technology or source code under License Exception CTP.
10/13/04
69 FR 60829
Revised "Knowledge" Definition, Revision of "Red Flags" Guidance and Safe Harbor
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This proposed rule would revise the knowledge definition in the Export Administration Regulations to incorporate a "reasonable person" standard and to replace the phrase "high probability" with the phrase "more likely than not." It also would update the "red flags" guidance and would provide a safe harbor from liability arising from knowledge under that definition. Comments are due by November 12.
10/12/04
Effective 10/12/04
69 FR 60545
Nomenclature Change: References to Another Agency
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This final rule amends the Export Administration Regulations (EAR) to update certain references to the U.S. State Department's Directorate of Defense Trade Controls. The EAR contain references to this agency under its current name and under its former name, the Office of Defense Trade Controls. This amendment will remove the possibility that a member of the public might think that two different offices are being referenced.
10/04/04
69 FR 59303
India: removal of Indian Entity and Revision in License Review Policy for Certain Indian Entities; and a Clarification; Correction
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Correction to previous Federal Register Notice 69 FR 58049.
09/29/04
69 FR 58049
India: Removal of Indian Entity and Revision in License Review Policy for Certain Indian Entities; and a Clarification; Correction
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On September 22, 2004, the Bureau of Industry and Security published a Federal Register notice that, inter alia, removed an Indian entity from the Entity List and revised licensing policies for other Indian entities that appear at Supplement No. 4 to part 744 of the Export Administration Regulations. That notice was misprinted, containing typographical errors in the statement of licensing policy with respect to two Indian Department of Atomic Energy entities that are subject to International Atomic Energy Agency safeguards and in statements of Federal Register citations amending the Entity List. Additionally, the preamble in that notice should have stated that the licensing policy for the "balance of plant" portion of Indian nuclear facilities subject to International Atomic Energy Agency safeguards (Rajasthan 1 & 2 and Tarapur 1 & 2) is a presumption of approval for items not multilaterally controlled for nuclear proliferation reasons. This notice corrects those errors in Supplement No. 4 to Part 744.
09/28/04
69 FR 57895
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.
09/28/04
69 FR 57894
Effectiveness of Licensing Procedures for Agricultural Commodities to Cuba
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The Bureau of Industry and Security (BIS) is requesting public comments on the effectiveness of licensing procedures set forth in the Export Administration Regulations for the export of agricultural commodities to Cuba. BIS will include a description of these comments in its biennial report to the Congress, required by the Trade Sanctions Reform and Export Enhancement Act of 2000.
09/22/04
69 FR 56693
India: Removal of Indian Entity and Revision in License Review Policy for Certain Indian Entities; and a Clarification
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On January 12, 2004, President George W. Bush announced the Next Steps in Strategic Partnership (NSSP) with India. The proposed cooperation outlined in the NSSP will progress through a series of reciprocal steps that build on each other, including steps related to enhancing cooperation in peaceful uses of space technology and steps to create the appropriate environment for successful high technology commerce. This rule implements three initial steps the United States has agreed to take under the NSSP. These steps are: To remove the Indian Space Research Organization (ISRO) Headquarters, Bangalore from the Department of Commerce Entity List; to remove the export license requirements for items subject to the Export Administration Regulations (EAR) having a classification of EAR99 or a classification where the third through fifth digits of the Export Commodity Classification Number (ECCN) are "999", e.g. XX999, for the seven (7) ISRO subsidiaries listed on the Entity List; and establish a presumption of approval for all items not controlled for nuclear proliferation reasons going to the "balance of plant" portion of Indian nuclear facilities subject to International Atomic Energy Agency safeguards (Rajasthan 1 & 2 and Tarapur 1 & 2).
This rule also makes one clarification in order to make clear the longstanding interpretation that information regarding the Entity List published in the Federal Register is intended to inform the public, not simply to inform exporters.
08/31/04
69 FR 52991
Clarification of Export Controls on Military Vehicles and Parts
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This rule clarifies the export controls on parts and components of certain military ground vehicles, adds a new class of vehicles to the Commerce Control List (CCL) and provides guidance for classifying ground vehicles that are subject to the Export Administration Regulations and distinguishing those vehicles from those that are subject to the International Traffic in Arms Regulations.
08/18/04
69 FR 51233
Action Affecting Export Privileges; Zlatko Brkic
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The Bureau of Industry and Security, United States Department ofCommerce ("BIS") having notified Zlatko Brkic ("Brkic") of its intention to initiate an administrative proceeding against Brkic pursuant to section 766.3 of the Export Administration Regulations (currently codified at 15 CFR parts 730-774 (2004))("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\ based on the proposed charging letter issued to Brkic that alleged that Brkic committed two violations of the Regulations.
08/18/04
69 FR 51232
Action Affecting Export Privileges; Aura Ltd.
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The Bureau of Industry and Security, United States Department of Commerce ("BIS") having initiated an administrative proceeding against Aura Ltd. ("Aura") pursuant to section 766.3 of the Export Administration Regulations (currently codified at 15 CFR parts 730-774 (2004) ("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\ based on the amended charging letter issued to Aura that alleged that Aura committed five violations of the Regulations.
07/30/04
69 FR 46069
Export and Reexport Controls for Iraq; Interim Final Rule
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This rule amends the Export Administration Regulations (EAR) to implement the reversion to the Department of Commerce from the Department of the Treasury of the licensing responsibility for exports and reexports to Iraq of items subject to the EAR. In addition, a license will be required for certain transfers within Iraq of items subject to the EAR. This rule is consistent with United Nations Security Council Resolutions 1483 (2003) and 1546 (2004), which lifted the comprehensive United Nations trade embargo imposed on Iraq but retained an embargo on arms and related materiel and their means of production.
07/28/04
69 FR 45008
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 personsin 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.
07/19/04
69 FR 42862
Revisions of Export Licensing Jurisdiction of Certain Types of Energetic Material and Other Chemicals Based on Review of the United States Munitions List
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This rule removes from the Commerce Control List six chemicals that have been added to the United States Munitions List. It also adds to the Commerce Control List one energetic chemical, Chemical Weapons Convention Schedule 3 chemical, one group of oxidizers, and liquid pepper, all of which have been removed from the United States Munitions List.
07/15/04
69 FR 42332
Revocation of General Order No. 3 Which Imposed License Requirements on Shaykh Hamad bin Ali bin Jaber Al-Thani and Entities Related to or Controlled by Him
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This final rule revokes General Order No. 3 of the Export Administration Regulations (EAR). General Order No. 3 imposed a license requirement for exports and reexports of all items on the Commerce Control List destined to or for Shaykh Hamad bin Ali bin Jaber Al-Thani and listed entities related to or controlled by him. This rule also removes a related provision of the EAR.
07/12/04
69 FR 41879
Revisions to the Export Administration Regulations To Remove Certain Regional Stability and Crime Control License Requirements to New North Atlantic Treaty Organization (NATO) Member Countries (CORRECTION)
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The Office of the Federal Register made inadvertent errors when publishing the NATO regulation that was published in the Federal Register on June 28, 2004 (69 FR 36009). In Supplement No. 1 to part 738 "Commerce Country Chart," there should have been an "X" placed in MT:1 and RS:1 for Bulgaria and Latvia; and there should not have been an "X" in NP:2 for Latvia. This rule corrects these errors.
06/28/04
69 FR 36010
Revisions to the Export Administration Regulations to Remove Certain Regional Stability and Crime Control License Requirements to New North Atlantic Treaty Organization (NATO) Member Countries
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The Bureau of Industry and Security maintains the Export Administration Regulations (EAR). This rule amends the EAR by removing the license requirements for certain regional stability items and for certain crime control items destined to Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to reflect the accession of those countries to the North Atlantic Treaty Organization (NATO) on March 29, 2004. In addition, this rule makes certain conforming corrections and clarifications.
NOTE: The Office of the Federal Register made inadvertent errors when publishing this rule. In Supplement No. 1 to part 738 "Commerce Country Chart," there should have been an "X" placed in MT:1 and RS:1 for Bulgaria and Latvia; and there should not have been an "X" in NP:2 for Latvia. The Office of the Federal Register is in the process of publishing a correction that will be posted on this webpage.
06/22/04
Effective 06/30/04
69 FR 34565
Revision of Export and Reexport Restrictions on Cuba
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This rule places new limits on gift parcels and personal baggage and revises licensing policy regarding vessels and aircraft going to Cuba. It places new restrictions on the permitted contents of gift parcels, the frequency with which they may be sent and the donees to whom they may be sent. It also limits personal baggage under a Commerce license exception to 44 lbs. for most travelers to Cuba. It states that BIS will consider on a case-by-case applications for vessels and aircraft on temporary sojourn to deliver humanitarian goods or services, or consistent with U.S. foreign policy interests. These changes implement certain recommendations in the May 2004 Report to the President from the Commission on Assistance to a Free Cuba.
05/14/04
69 FR 26766
General Order Implementing Syria Accountability and Lebanese Sovereignty Act of 2003
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The Bureau of Industry and Security is amending the Export Administration Regulations (EAR) by adding new General Order No. 2 to Supplement No. 1, Part 736. Section 5(a)(1) of the Syria Accountability and Lebanese Sovereignty Act of 2003 (the SAA), requires a prohibition on the export to Syria of all items on the Commerce Control List (CCL). The SAA also requires that the President impose two or more of the six additional sanctions set forth in the SAA. One of the additional sanctions chosen by the President prohibits the export to Syria of products of the United States, other than food and medicine. This Order is issued consistent with Executive Order 13338 of May 11, 2004, which implements the SAA.
05/06/04
69 FR 25314
December 2003 Wassenaar Arrangement Plenary Agreement Implementation: Categories 1, 2, 3, 4, 5, 6, and 7 of the Commerce Control List, and Reporting Requirements; and Interpretation Regarding NUMA Technology; Correction
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The Bureau of Industry and Security published in the Federal Register of April 29, 2004, a final rule that revised certain entries controlled for national security reasons in Categories 1, 2, 3, 4, 5 Part I (telecommunications), 5 Part II (information security), 6, and 7 to conform with changes in the List of Dual-Use Goods and Technologies maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement). This document corrects one error that appeared in ECCN 3A001 in that rule.
05/06/04
69 FR 25312
Protective Equipment Export License Jurisdiction
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This rule revises the Commerce Control List to conform the description of certain protection and detection equipment to that found in the Wassenaar Arrangement List of Dual Use Goods and Technologies (the Dual Use List), to impose national security and anti-terrorism license requirements on those items, and to impose antiterrorism controls on certain items that are excluded from the Dual Use List.
05/04/04
69 FR 24508
Revisions to the Export Administration Regulations Based on the 2003 Missile Technology Control Regime Plenary Agreements
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This rule amends the Export Administration Regulation Commerce Control List (CCL) to reflect changes to the Missile Technology Control Regime (MTCR) Annex agreed to at the September 2003 Plenary in Buenos Aires, Argentina. All revisions and additions are made to ensure that items that can be utilized in missiles of MTCR concern are appropriately controlled.
05/04/04
69 FR 24507
Amendment to the Export Administration Regulations: Correction to ECCN 1C355 on the Commerce Control List
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This rule amends the Export Administration Regulations (EAR) by correcting the description of certain precursor chemicals in Export Control Classification Number (ECCN) 1C355 on the Commerce Control List (CCL) to make it consistent with the list of "Schedule 2" chemicals under the Chemical Weapons Convention (CWC). Specifically, this rule corrects ECCN 1C355a.2.a to be consistent with the description in Schedule 2.B(4) of the CWC, set forth in Supplement No. 1 to Part 745 of the EAR, by changing "* * * with no additional carbon atoms in the structure," to "* * * but not further carbon atoms" at the end of the description. This correction is necessary to clarify that all Schedule 2.B(4) chemicals are controlled for export under ECCN 1C355. This final rule also deletes the sub-heading "Family" of ECCN 1C355a.2.a to correct the description of this category of chemicals.
04/29/04
69 FR 23625
Revision of Export and Reexport Restrictions on Libya; Interim Rule
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In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement the President's April 23, 2004, decision to revise United States sanctions against Libya. This rule also implements the transfer to the Department of Commerce from the Department of Treasury of the licensing jurisdiction for exports to Libya of items subject to the EAR.
04/29/04
69 FR 23598
December 2003 Wassenaar Arrangement Plenary Agreement Implementation: Categories 1, 2, 3, 4, 5, 6, and 7 of the Commerce Control List, and Reporting Requirements; and Interpretation Regarding NUMA Technology
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This final rule revises certain entries controlled for national security reasons in Categories 1, 2, 3, 4, 5 Part I (telecommunications), 5 Part II (information security), 6, and 7 to conform with changes in the List of Dual-Use Goods and Technologies maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement). The purpose of this final rule is to make the necessary changes to the Commerce Control List to implement revisions to the Wassenaar List that were agreed upon in the December 2003 meeting. In addition, this rule adds a paragraph to Interpretation 12 "Computers" to provide guidance as to how to calculate the Composite Theoretical Performance (CTP) for computer systems with �non-uniform memory access' (NUMA) architecture, and to define NUMA.
04/23/04
69 FR 22002
Revisions 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 ("PLC") or post-shipment verifications ("PSV") could not be conducted for reasons outside the control of the U.S. Government ("Unverified List"). This notice 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 notice also stated that, when warranted, BIS would remove persons from the Unverified List. Recently a PSV was completed at the facilities of Power Test & Research Institute of Guangzhou, No. 38 East Huangshi Road, Guangzhou, People's Republic of China. Accordingly, by this notice, Power Test & Research Institute of Guangzhou is removed from the Unverified List.
04/20/04
69 FR 21055
Addition of Aruba, Netherlands Antilles, East Timor, and Democratic Republic of the Congo, and Update of Country Names in the Export Administration Regulations
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The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to update the Country Chart to add East Timor and the Democratic Republic of the Congo, to establish separate export licensing requirements for Aruba and Netherlands Antilles, and to update references to certain countries to reflect their officially recognized names.
04/06/04
69 FR 17926
Removal of "National Security" controls from, and imposition of "Regional Stability" controls on, certain items on the Commerce Control List; Correction
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The Bureau of Industry and Security published in the Federal Register of March 30, 2004 (69 FR 16478), a final rule that replaced national security export and reexport controls on certain items with regional stability controls. That document inadvertently misstated a cross reference to Export Control Classification Number 0A984 as 0984. It also misstated a reference to Country Chart column "AT Column 1" as "AT Column". This document corrects those errors.
03/30/04
69 FR 16478
Removal of "National Security" Controls From, and Imposition of "Regional Stability" Controls on, Certain Items on the Commerce Control List
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This rule amends the Commerce Control List to remove national security controls from and apply regional stability controls to four items. This rule is issued to make the EAR conform to the requirements of �5(c)(6)(A) of the Export Administration Act, which provides for expiration of unilateral national security controls after six months.
03/18/04
69 FR 12789
Amendments to the Export Administration Regulations (EAR) Implementing the Understandings Reached at the June 2003 Australia Group (AG) Plenary Meeting and a Subsequent AG Intersessional Decision on Certain Animal Pathogens
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The Bureau of Industry and Security (BIS) is publishing this final rule to describe the understandings reached at the June 2003 plenary meeting of the Australia Group (AG) and to amend the Export Administration Regulations (EAR), as needed, to implement these AG understandings. Specifically, this final rule amends the EAR by adding twelve new viruses and two new bacteria to the list of AG-controlled human and zoonotic pathogens and toxins described on the Commerce Control List (CCL).
02/20/04
69 FR 7867
Export Administration Regulations: Penalty Guidance in the Settlement of Administrative Enforcement Cases
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This rule provides on how BIS determines what penalty is appropriate for the settlement of an administrative enforcement case and when warning letters should be issued. It identifies both general factors and specific mitigating and aggravating factors which BIS typically considers The guidance does not apply to antiboycott matters arising under part 760 of the EAR. It reflects BIS's evaluation of the comments received on the proposed rule of September 17, 2003 (68 FR 54402).
02/09/04
69 FR 5928
Licensing Jurisdiction for QRS11 Micromachined Angular Rate Sensors
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This final rule amends the Export Administration Regulations (EAR) to transfer, coincident with the State Department's written commodity jurisdiction determination, licensing jurisdiction for QRS11-00100-100/101 Micromachined Angular Rate Sensors from the Department of State to the Department of Commerce when those sensors are integrated into an instrument system (CSIS) of the type described in ECCN 7A994 or aircraft of the type described in ECCN 9A991 that incorporates a CSIS that has such a sensor integrated, or are exported solely for integration into such a system. This rule also excludes systems or aircraft integrating QRS11-00100-100/101 sensors from eligibility for the de minimis provisions of the EAR, and excludes the sensors from license exception eligibility.
02/06/04
69 FR 5686
Revisions and Clarifications to the Export Administration Regulations
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This final rule amends the Export Administration Regulations (EAR) by making certain corrections and clarifications, including insertion of material inadvertently omitted from previous rules.
01/22/04
69 FR 3004
Lifting of U.N. Sanctions Against UNITA
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This rule amends the Export Administration Regulations (EAR) by removing from the EAR references to sanctions on Angola administered by the Department of the Treasury's Office of Foreign Assets Control (OFAC). In response to United Nations Security Council (UNSC) resolutions regarding the conflict in Angola, the President, by Executive Order, directed the Department of the Treasury to maintain sanctions on the National Union for the Total Independence of Angola (UNITA). On December 9, 2002, the UNSC terminated the sanctions previously imposed on UNITA. On May 6, 2003, consistent with the UNSC action, the President terminated the relevant Executive Orders, effectively ending U.S. sanctions. This rule amends the EAR to remove certain references to the sanctions which had been maintained by OFAC with respect to UNITA.
01/16/04
69 FR 2501
Chemical Weapons Convention Regulations: Electronic Submission ofDeclarations and Reports Through the Web-Data Entry System for Industry (Web-DESI) for Industry; how-to obtain authorization instructions
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The Bureau of Industry and Security (BIS) published an interim rule, on December 30, 1999, that established the Chemical Weapons Convention Regulations (CWCR) to implement the provisions of the Chemical Weapons Convention (CWC) affecting U.S. industry and other U.S. persons. The CWCR include requirements to report certain activities, involving Scheduled chemicals and Unscheduled Discrete Organic Chemicals, and to provide access for on-site verification by international inspectors of certain facilities and locations in the United States.
01/12/04
69 FR 1685
Mandatory Use of Simplified Network Application Processing System - Proposed Rule - Extension of Comment Period until February 12, 2004
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This notice extends until February 12, 2004 the deadline for public comments on the proposed rule that would require use of a revised version of the Bureau of Industry and Security's (BIS) Simplified Network Application Processing system (SNAP+). The proposed rule would require use of this system for export license applications, classification requests, encryption review requests and License Exception AGR notifications. A few exceptions would be allowed. The deadline for public comment was January 12, 2004. This extension of time would allow the public additional time to comment on the proposed rule.
01/05/04
69 FR 318
Action Affecting Export Privileges; Mahmoud Haghsheno Kashani
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The Bureau of Industry and Security, United States Department of Commerce ("BIS"), having initiated an administrative proceeding against Mahmoud Haghsheno Kashani, also known as Mike Kashani, acting as an office of Zimex, Inc. ("Kashani"), pursuant to Section 13(c) of the Export Administration Act of 1979, as amended (50 U.S.C. app. sections 2401-2420 (2000)) (the "Act"),\1\ and the Export Administration Regulations (currently codified at 15 CFR Parts 730-774 (2003)) ("Regulations"),\2\ based on the amended charging letter issued to Kashani that alleged that Kashani violated the Regulations on three occasions.
12/22/03
68 FR 71060
Action Affecting Export Privileges; In the Matter of: ABO (USA) INC., 2653 NW 20th Street, Miami, FL 33142, Respondent
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The Bureau of Industry and Security, United States Department of Commerce ("BIS") having notified ABO (USA) Inc. ("ABO") of its intention to initiate an administrative proceeding against ABO pursuant to Sec. 766.3 of the Export Administration Regulations (currently codified at 15 CFR parts 730-774 (2003)) ("Regulations"), and section 13(c) of the Export Administration Act of 1979, as amended (50 U.S.C. app. sections 2401-2420 (2000)) ("Act,"),\1\ based on the proposed charging letter issued to ABO that alleged ABO committed two violations of the Regulations.
12/10/03
68 FR 68975
December 2002 Wassenaar Arrangement Plenary Agreement Implementation: Categories 1, 2, 3, 4, 5, 6, and 7 of the Commerce Control List, and Reporting Requirements
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The purpose of this final rule is to make the necessary changes to the Commerce Control List to implement revisions to the Wassenaar List that were agreed upon in the December 2002 meeting, to make necessary revisions to reporting requirements and License Exception GOV restrictions, and to add a statement of understanding for medical equipment.
12/01/03
68 FR 67149
In the Matter of: Metal & Mineral Trade Sarl. Rue Pierre D'Aspelt, 1142 Luxembourg, Luxembourg, Respondent
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The Bureau of Industry and Security, United States Department of Commerce ("BIS"), having initiated an administration proceeding against Metal & Mineral Trade Sarl. ("MMT") pursuant to section 13(c) of the Export Administration Act of 1979, as amended (50 U.S.C. app. 2401-2420 (2000)) ("Act"),\1\ and the Export Administration Regulation (currently codified at 15 CFR parts 730-774 (2003)) ("Regulations"),\2\ based on allegations in a charging letter issued to MMT that alleged that MMT committed six violations of the Regulations, specifically that MMT committed violations of the Regulations by aiding and abetting the export of items from the United States to Iran without the required authorization from the Office of Foreign Assets Control, Department of the Treasury, as required by the Regulations on two occasions; by causing the export of items from the United States to Iran without the required authorization from the Office of Foreign Assets Control, Department of the Treasury, as required by the Regulation on three occasions; and by acting with knowledge of a violation of the Regulations on one occasion.
12/01/03
68 FR 67148
Action Affecting Export Privileges; Ahwaz Steel Commercial & Technical Service Gmbh
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The Bureau of Industry and Security, United States Department of Commerce ("BIS"), having initiated an administrative proceeding against Ahwaz Steel Commercial & Technical Service Gmbh ("ASCOTEC") pursuant to section 13(c) of the Export Administration Act of 1979, as amended (50 U.S.C. app. 2401-2420 (2000)) ("Act"),\1\ and the Export Administration Regulations (currently codified at 15 CFR parts 730-774 (2003)) ("Regulations") \2\ based on allegations in a charging letter issued to ASCOTEC that alleged that ASCOTEC committed eight violations of the Regulations, specifically that ASCOTEC committed violations of the Regulations by causing the export of items from the United States to Iran without the required authorization from the Office of Foreign Assets Control, Department of the Treasury, as required by the Regulations on eight occasions.
12/01/03
68 FR 67147
Impact of Implementation of the Chemical Weapons Convention on Commercial Activities Involving "Schedule 1" Chemicals through Calendar Year 2003
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On December 1, 2003, the Bureau of Industry and Security (BIS) published a notice of enquiry seeking public comments on the impact that implementation of the Chemical Weapons Convention has had on commercial activities involving "Schedule 1" chemicals through calendar year 2003. This notice is part of an effort to collect information to assist in the preparation of the annual Presidential certification required under Condition 9 of Senate Resolution 75, April 24, 1997, in which the Senate gave its advice and consent to the ratification of the Chemical Weapons Convention.
12/01/03
68 FR 65033
Revisions and Clarifications to the Export Administration Regulations -- Chemical and Biological Weapons Controls: Australia Group; Chemical Weapons Convention; Correction
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On Tuesday, June 10, 2003 (68 FR 34526), the Bureau of Industry and Security (BIS) published a final rule that amended the Export Administration Regulations (EAR) to implement the understandings reached at the June 2002 plenary meeting of the Australia Group (AG). The June 10, 2003, final rule contained errors in the List of Items Controlled for Export Control Classification Numbers (ECCNs) 2E001 and 2E002 on the Commerce Control List (CCL), as well as an error in the licensing policy provisions of the EAR that apply to items identified on the AG lists. This document corrects those errors.
11/18/03
68 FR 65033
Action Affecting Export Privileges; Omega Engineering, Inc.
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The Bureau of Industry and Security, United States Department of Commerce ("BIS"), having notified Omega Engineering, Inc. ("Omega") of its intention to initiate an administrative proceeding against it pursuant to section 13(c) of the Export Administration Act of 1979, as amended (50 U.S.C. app. Sec. Sec. 2401-2420 (2000) ("Act"),\1\ and the Export Administration Regulations (currently codified at 15 CFR parts 730-774 (2003)) ("Regulations"),\2\ based on allegations in a proposed charging letter issued to Omega that alleged that Omega committed 17 violations of the Regulations.
11/18/03
68 FR 65032
Action Affecting Export Privileges; Ralph Michel
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The Bureau of Industry and Security, United States Department of Commerce ("BIS"), having notified Ralph Michel of its intention to initiate an administrative proceeding against him pursuant to Section 13(c) of the Export Administration Act of 1979, as amended (50 U.S.C. app. Sec. Sec. 2401-2420 (2000)) ("Act"),\1\ and the Export Administration Regulations (currently codified at 15 CFR parts 730-774 (2003)) ("Regulations"),\2\ based on allegations in a proposed charging letter issued to Ralph Michael that alleged that Ralph Michel committed six violations of the Regulations.
11/12/03
68 FR 64009
Mandatory Use of Simplified Network Application Processing System � Proposed Rule
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This proposed rule would require that a new version of BIS's internet based Simplified Network Application Processing System (SNAP+) be used to submit all export and reexport license applications (except those for Special Comprehensive Licenses), encryption review requests, classification requests and License Exception AGR notifications. It would also require that documents that must be submitted with those filings be "attached" as PDF files that, if they contain text, are text searchable. The proposed rule would also set forth the procedures for implementing SNAP+ and the responsibilities of users of the system. The deadline for comment on this proposed rule is January 12, 2004.
10/24/03
68 FR 60891
Computer Technology and Software, and Microprocessor Technology Eligible for Export or Reexport Under License Exception (Proposed Rule)
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The Bureau of Industry and Security (BIS) proposes to expand the availability of license exceptions for exports and reexports of computer technology and software, and microprocessor technology on the Commerce Control List (CCL) of the Export Administration Regulations (EAR) under Export Classification Control Numbers (ECCNs) 3E002, 4D001 and 4E001. These ECCNs control technology and software that can be used for the development, production, or use of computers, and development and production of microprocessors. The goal of this proposed rule is to solicit public comments to assist BIS in evaluating the effect of the proposed amendments. In addition, this proposed rule requests industry to suggest alternatives for a different method or parameter for controlling exports of computers and microprocessors, and the technology and software therefore. Comments must be received by November 24, 2003.
10/22/03
68 FR 60288
Addition of Kazakhstan to the Nuclear Suppliers Group (NSG), and other revisions
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As a result of the admission of Kazakhstan to the Nuclear Suppliers Group (NSG), this rule amends the Export Administration Regulations (EAR) to add Kazakhstan to Country Group A, Column A:4, which identifies the member countries of the NSG, and to the definition of "Nuclear Suppliers Group." The NSG member countries have agreed to establish export licensing procedures for the transfer of items identified on the Annex to the "Nuclear-Related Dual-Use Equipment, Materials, and Related Technology List," which is published by the International Atomic Energy Agency.
09/22/03
68 FR 54655
Revisions to the Export Administration Regulations Based on the 2002 Missile Technology Control Regime Plenary Agreements
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The Bureau of Industry and Security (BIS) is amending the Commerce Control List (CCL) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the September 2002 Plenary in Warsaw, Poland. BIS is also amending certain entries on the CCL to clarify the scope of and jurisdiction for controls onglobal navigation satellite receiving equipment.
09/17/03
68 FR 54402
Proposed Rule -- Comments must be received by November 17, 2003
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The Bureau of Industry and Security (BIS) proposes to amend the Export Administration Regulations by incorporating guidance on how BIS makes penalty determinations when settling administrative enforcement cases under part 766 of the Export Administration Regulations (EAR), 15 CFR �� 730-799 (2003). This guidance also addresses related aspects of how BIS responds to violations of the EAR, such as charging decisions. This rule also proposes to amend parts 764 and 766 of the EAR to conform to this guidance.
08/21/03
68 FR 50470
Effective Date 09/22/03
Export Clearance � Conformance of Export Administration Regulations with Foreign Trade Statistics Regulations
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This rule amends the Export Administration Regulations (EAR) to add references to the Automated Export System (AES) and to conform the EAR to certain provisions of the Foreign Trade Statistics Regulations (FTSR) including provisions related to AES promulgated at 68 FR 42534 on July 17, 2003. It does so by adding references to the AES at a number of places that references to SEDs appear in the EAR. This rule is needed because, without it, some sections of the EAR would appear to require that an SED be filed, when the FTSR specifically require that the filing be by AES. This rule amends the EAR to conform to the FTSR with respect to provisions that govern when a filing is required that evaluation of letters of intent to used option 4 (post departure filing). It also removes some obsolete references and makes some terminology in Part 758 to that used in other parts of the EAR. It also conforms some terminology in part 758 to that found elsewhere in the EAR and updates references to another government agency to reflect a name change.
06/30/03
68 FR 38599
Exports and Reexports to the Federal Republic of Yugoslavia: Lifting of UN Arms Embargo-Based Controls; Clarification of UN Arms Embargo-Based Controls on Rwanda.
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On November 25, 2002, the Bureau of Industry and Security (BIS) published a final rule that amended the Export Administration Regulations (EAR) by removing the special controls on the export and reexport of arms-related items imposed on July 14, 1998 on the Federal Republic of Yugoslavia (Serbia and Montenegro) (FRY). This rule corrects inadvertent errors in Category 6--Sensors and Lasers--of the Commerce Control List made by the November 25, 2002 rule.
06/17/03
68 FR 35783
Export Administration Regulations: Encryption Clarifications and Revisions.
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This rule amends the Export Administration Regulations (EAR) to clarify when encryption commodities and software may be given de minimis treatment, when short-range wireless devices incorporating encryption may be given mass market or retail treatment, and to provide guidance on when exporters are required to submit encryption review requests. It also expands the authorizations according to which travelers departing the United States may take encryption for their personal use, and clarifies that specially designed medical equipment and software are not controlled as encryption or "information security" items under the EAR. Finally this rule implements changes to the Wassenaar Arrangement List of dual-use items (agreed upon in the September 2002 meeting and finalized in December 2002) that eliminate from Export Control Classification Number (ECCN) 5A002 certain types of "Personalized smart cards" and equipment specially designed and limited to controlling access to copyright protected data.
06/10/03
68 FR 34526
Implementation of the Understandings Reached at the June 2002 Australia Group (AG) Plenary Meeting and the AG Intersessional Decision on Cross Flow Filtration Equipment � Chemical and Biological Weapons Controls in the Export Administration Regulations.
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This rule amends the Export Administration Regulations (EAR) to implement the understandings reached at the June 2002 plenary meeting of the Australia Group (AG). These AG-related changes to the EAR include: (1) revising the control threshold on fermenters described in Export Control Classification Number (ECCN) 2B352; (2) adding eight new toxins to the list of AG- controlled human and zoonotic pathogens and toxins described in ECCN 1C351; and (3) amending the AG-based licensing policy provisions in �742.2 of the EAR to conform with the policies outlined in the AG "Guidelines for Transfers of Sensitive Chemical or Biological Items." This rule also implements an AG intersessional decision by revising the control threshold for cross (tangential) flow filtration equipment in ECCN 2B352. In addition, this rule amends several entries on the Commerce Control List (CCL) to make editorial corrections and to clarify the scope of certain AG controls. Finally, this rule updates the list of States Parties to the Chemical Weapons Convention (CWC) by adding Andorra, Guatemala, Palau, Saint Vincent and the Grenadines, Samoa, and Thailand.
06/06/03
68 FR 34192
Imposition and Expansion of Controls on Designated Terrorists.
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This rule amends the Export Administration Regulations (EAR) by imposing a license requirement on the export and reexport of any item subject to the EAR by a U.S. person or non- U.S. person to persons designated in or pursuant to Executive Order 13224 of September 23, 2001. In response to grave acts of terrorism and threats of terrorism, Executive Order 13224 blocks the property and interests in property of persons listed in an Annex to the order and persons designated by the Secretary of State or the Secretary of the Treasury pursuant to criteria set forth in the order. Executive Order 13224 also prohibits U.S. persons from engaging in any transactions with such blocked persons. The Department of the Treasury's Office of Foreign Assets Control (OFAC) announces the names of persons designated pursuant to Executive Order 13224 in the Federal Register and includes such persons in a listing of persons subject to various sanctions programs administered by OFAC. The Department of State also announces the names of foreign persons designated pursuant to Executive Order 13224 in the Federal Register. All persons designated in or pursuant to Executive Order 13224 are identified by the bracketed initials [SDGT] in the Department of Treasury listing and are also known as Specially Designated Global Terrorists (SDGTs). This rule also amends the EAR by expanding reexport controls on Specially Designated Terrorists (SDTs) and Foreign Terrorist Organizations (FTOs). OFAC also includes SDTs and FTOs in the Department of Treasury listing and identifies them by the bracketed initials [SDT] and [FTO], respectively.
04/03/03
68 FR 16208
Exports and Reexports of Explosives Detection Equipment and Related Software and Technology; Imposition and Expansion of Foreign Policy Controls
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The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations to expand the scope of explosives detection equipment controlled under Export Classification Control Number (ECCN) 2A983, previously 2A993, to include equipment that detects the presence of explosives, explosive residue, or detonators. BIS is also expanding controls on the export and reexport of such explosives detection equipment by imposing regional stability (RS) controls and clarifying the previously-existing anti-terrorism (AT) controls on this equipment. BIS is also imposing RS and AT controls on related software and technology, previously EAR99, but now classified under newly created ECCNs 2D983 and 2E983. This rule makes available for most destinations the use of License Exception Servicing and Replacement of Parts and Equipment (RPL) for one-for-one replacement of parts, and servicing and replacement of explosives detection equipment controlled under ECCN 2A983 that was legally exported or reexported and related software controlled under ECCN 2D983. License Exception Technology and Software - Unrestricted (TSU) may also be used to export or reexport certain operation technology and software controlled under ECCNs 2D983 and 2E983. Special records must be maintained when utilizing such License Exceptions. License Exception Governments, International Organizations, and International Inspections Under the Chemical Weapons Convention (GOV) also is available to export and reexport items controlled under ECCNs 2A983, 2D983 and 2E983 for official use by personnel and agencies of the U.S. Government.
04/02/03
68 FR 16143
Revisions to the Export Administration Regulations Related to the Missile Technology Control Regime (MTCR); Final Rule
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The Bureau of Industry and Security (BIS) is amending the Commerce Control List (CCL) to reflect the reformatted Missile Technology Control Regime (MTCR) Annex of October 14, 1999. This final rule also amends Country Group A:2, MTCR, to add the Czech Republic, Korea (Republic of), Poland, Turkey, and Ukraine to reflect their membership in the MTCR. This revision also corrects the control text in 9B106 that erroneously captures standalone altitude chambers, and corrects the MT/NP reason for control of spin forming and flow forming machines described in 2B009.
04/02/03
68 FR 15982
Action Affecting Export Privileges; Yaudat Mustaffa Talyi, a.k.a. Joseph Talyi, and International Business Services, Ltd. and Top Oil Tools, Ltd.
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Through the Office of Export Enforcement ("OEE"), the Bureau of Industry and Security ("BIS"), U.S. Department of Commerce, has requested that I renew an order issued on September 30, 2002, pursuant to Sec. 766.24 of the Export Administration Regulations (currently codified at 15 CFR parts 730-774(2002)) ("EAR"),\1\ temporarily denying all U.S. export privileges of Yaudat Mustafa Talyi, a.k.a. Joseph Talyi, 800 Cross Gates Boulevard, Slidell, Louisiana 70458 ("Talyi"), and International Business Services, Ltd., 700 Gause Boulevard, Suite 304, Slidell, Louisiana 70458, 41 Chamale Cove East, Slidell, Louisiana 70460, and 2301 Covington Highway 190, Slidell, Louisiana 70460, ("IBS").
03/28/03
68 FR 15151
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"). The notice also 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 notice also stated that, when warranted, BIS would add and remove persons from the Unverified List.
03/05/03
68 FR 10585
Wassenaar Arrangement List of Dual-Use Items; implementation; Categories 2-9 revisions for national security reasons
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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 certain entries controlled for national security reasons in Categories 2, 3, 4, 5 Part I (telecommunications), 5 Part II (information security), 6, 7, 8, and 9 to conform with changes in the List of Dual-Use Goods and Technologies maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement).
01/14/03
68 FR 1796
Revision of Export Controls for General Purpose Microprocessors
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The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to implement revisions to national security controls for microprocessors that were agreed upon in the February 2002 meeting of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement). This final rule removes license requirements for exports and reexports of general purpose microprocessors to most destinations to conform with changes in the List of Dual-Use Goods and Technologies maintained and agreed to by governments participating in the Wassenaar Arrangement. This rule retains license requirements for exports and reexports to designated terrorist-supporting countries. In addition, this rule establishes a new license requirement for the export or reexport of general purpose microprocessors if, at the time of the export or reexport, the exporter or reexporter knows, has reason to know, or is informed by BIS that the item will be or is intended to be used for a �military end-use' in a country that is of concern for national security reasons or by a �military end-user' in such a country. This license requirement does not apply to items for the official use by personnel and agencies of the U.S. Government or agencies of a cooperating government in a country of concern for national security reasons. The license review standard for applications to export or reexport general purpose microprocessors subject to this license requirement is a presumption of denial. No license exceptions are available for this license requirement.
11/27/02
67 FR 70926
Impact of Implementation of the Chemical Weapons Convention on Commercial Activities Involving "Schedule 1" Chemicals Through Calendar Year 2002
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The Bureau of Industry and Security (BIS) published this notice of inquiry as part of an effort by the Department of Commerce, in consultation with other Executive Branch agencies, to collect information concerning the impact that implementation of the Chemical Weapons Convention has had on commercial activities involving "Schedule 1" chemicals through calendar year 2002. Theinformation collected in response to this notice will be used in the preparation of the annual Presidential certification required under Condition 9 of Senate Resolution 75, April 24, 1997, in which the Senate gave its advice and consent to the ratification of the Chemical Weapons Convention.
11/25/02
67 FR 70545
Exports and Reexports to the Federal Republic of Yugoslavia: Lifting of UN Arms Embargo-Based Controls; Clarification of UN Arms Embargo-Based Controls on Rwanda
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This rule amends the Export Administration Regulations (EAR) by removing the special controls on the export and reexport of arms-related items imposed on July 14, 1998 on the Federal Republic of Yugoslavia (Serbia and Montenegro) (FRY). Consequently, arms embargo-based licensing requirements for exports and reexports of certain items subject to the EAR (e.g., water cannon) to the FRY are removed, and a case-by-case license review policy is reinstated for the export and reexport of items controlled for regional stability and crime control reasons. This rule is consistent with United Nations Security Council (UNSC) Resolution 1367 of September 10, 2001, which terminated the international arms embargo against the FRY mandated by UNSC Resolution 1160 of March 3, 1998. This rule also makes a minor clarification to the arms embargo-based controls in place with respect to Rwanda pursuant to UNSC Resolution 918 of May 17, 1994.
11/21/02
67 FR 70209
Removal of Person From the Unverified List--Guidance as to "Red Flags" Under Supplement No. 3 to 15 CFR Part 732
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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"). The notice also 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.
11/21/02
67 FR 70157
Corrections to Rule Entitled: Missile Technology Production Equipment and Facilities
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On September 18, 2002, the Bureau of Industry and Security (BIS) published a final rule clarifying that all production equipment and facilities for missile technology (MT) items described in ECCNs 1B115, 1B117, 9B115, and 9B116 are subject to the EAR and controlled on the Commerce Control List (CCL). This rule corrects errors in the List of Items Controlled for Export Control Classification Numbers (ECCNs) 9B115 and 9B116 on the Commerce Control List (CCL). The September 18, 2002, final rule inadvertently omitted from the List of Items Controlled for each ECCN the Related Definitions paragraph and a reference to ECCN 9A011 in the Related Controls paragraph.
11/20/02
67 FR 70049
Protocol Additional to the Agreement Between the United States of America and the International Atomic Energy Agency Concerning the Application of Safeguards in the United States of America (short title "U.S. Additional Protocol")
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The Bureau of Industry and Security (BIS) published this notice of inquiry as part of an effort by the Department of Commerce, in consultation with other Executive Branch agencies, to collect information concerning the potential impact that implementation of the U.S. Additional Protocol could have on U.S. industry. The term "U.S. Additional Protocol" refers to the "Protocol Additional to the Agreement Between the United States of America and the International Atomic Energy Agency (IAEA) Concerning the Application of Safeguards in the United States of America." This protocol was signed by the United States in 1998 and was transmitted by the President to the Senate, on May 9, 2002, for its advice and consent to ratification. The requirements of the U.S. Additional Protocol would supplement the existing "Agreement Between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States" (U.S.-IAEA Safeguards Agreement) by expanding the declaration, reporting, andon-site access requirements of the U.S.-IAEA Safeguards Agreement to capture elements of the domestic nuclear fuel-cycle in addition to those currently covered by the Agreement.
11/18/02
67 FR 69505
Export privileges, actions affecting: Oerlikon Schweisstechnik AG
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The Bureau of Industry and Security, United States Department of Commerce ("BIS"), has notified Oerlikon Schweisstechnik AG (also known in Switzerland as Oerlikon-Welding Ltd.) ("Oerlikon"), of its intention to initiate an administrative proceeding against it pursuant to Section 13(c) of the Export Administration Act of 1979, as amended (50 U.S.C. app. 2401-2420 (1994 & Supp. V 1999)) ("Act"),\1\ and the Export Administration Regulations (currently codified at 15 CFR parts 730-774 (2002)) ("Regulations"),\2\ based on allegations in a charging letter issued to Oerlikon that alleged that Oerlikon committed three violations of the Regulations.
09/23/02
67 FR 59721
Licensing Jurisdiction for "Space Qualified" Items and Telecommunications Items for Use on Board Satellites
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This rule amends the Export Administration Regulations (EAR) by revising the Commerce Control List (CCL) (Supplement No. 1 to part 774 of the EAR) to clarify which "space qualified" items identified under certain Export Control Classification Numbers (ECCNs) on the CCL are subject to the EAR (i.e., subject to the licensing jurisdiction of the Bureau of Industry and Security, U.S. Department of Commerce). A separate rule published concurrently by the U.S. Department of State clarifies which "space qualified" items are on the U.S. Munitions List and, therefore, subject to the International Traffic in Arms Regulations (i.e., subject to the licensing jurisdiction of the Office of Defense Trade Controls, U.S. Department of State). This rule also amends the EAR by removing certain "space qualified" items, as defined in part 772 of the EAR, from License Exception eligibility in part 740 and under various ECCNs on the CCL. Finally, this rule adds "regional stability" as a reason for control for certain items in Category 6 of the CCL.
09/18/02
67 FR 58691
Missile Technology Production Equipment and Facilities
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This rule amends the Export Administration Regulations (EAR) by clarifying that all production equipment and facilities described in ECCNs 1B115, 1B117, 9B115, and 9B116 are subject to the EAR and controlled on the Commerce Control List (CCL). Commerce, State and Defense are currently reviewing control jurisdiction for specific items of equipment specially designed for the production of certain missile technology (MT) items subject to the International Traffic in Arms Regulations (ITAR). This review may result in future revisions to the EAR and the ITAR regarding specific items of specially designed MT production equipment and facilities.
08/29/02
67 FR 55594
Revisions and Clarifications to the Export Administration Regulations � Nuclear Nonproliferation Controls: Nuclear Suppliers Group
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This rule amends the Export Administration Regulations by reformatting approximately fifty Export Control Classification Numbers (ECCNs) on the Commerce Control List (CCL) to make them conform more closely with the language used to identify such items on the European Union (EU) and Nuclear Suppliers Group (NSG) dual-use lists. In addition, this rule: (1) amends the "Related Controls" paragraphs in a number of ECCNs by adding references to related items that are either controlled under other ECCNs on the CCL or controlled by other U.S. Government agencies, (2) adds "ECCN Controls" paragraphs to a number of ECCNs in order to clarify the types of items that are controlled under these ECCNs, and (3) revises the types of controls and the scope of the controls that apply to a number of ECCNs on the CCL (most of these revisions involve clarifications concerning the scope of NP controls). Finally, this rule adds Belarus, Cyprus, Slovenia, and Turkey to Country Group A:4 (Nuclear Suppliers Group), in Supplement No. 1 to Part 740 of the EAR, and revises Supplement No. 1 to Part 738 (Commerce Country Chart) to remove the licensing requirements for Belarus, Cyprus, Slovenia, and Turkey under NP Column 1 in conformance with the licensing policy that applies to other NSG member countries.
08/27/02
67 FR 54952
Revision to the Export Administration Regulations: Denied Persons List
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This rule amends the Export Administration Regulations (EAR) by removing references to the "Denied Persons List" maintained by the Bureau of Industry and Security (BIS). These references are removed because the list is described, but not published, in the Code of Federal Regulations. Instead, BIS maintains unofficial compilations of persons denied export privileges on a Web site and as a supplement to the unofficial edition of the EAR available by subscription from the Government Printing Office. Orders denying export privileges are published in the Federal Register when they are issued and are the legally controlling documents in accordance with their terms. This rule does not change the scope of any order denying export privileges, nor does it change the rights or duties of any person with respect to the EAR.
08/02/02
67 FR 50348
Corrections to Rule Entitled: Revisions and Clarifications to the Export Administration Regulations � Chemical and Biological Weapons Controls: Australia Group; Chemical Weapons Convention
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On May 31, 2002, the Bureau of Industry and Security (BIS) published a final rule that amended the Export Administration Regulations to implement the understandings reached at the October 2001 plenary meeting of the Australia Group (AG). This rule corrects two errors in the List of Items Controlled for Export Control Classification Number (ECCN) 2B350 on the Commerce Control List (CCL). The May 31, 2002, final rule inadvertently omitted critical components of AG-controlled chemical manufacturing equipment described in 2B350.g.
07/10/02
67 FR 45632
Industry and Security Programs
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This rule amends the Export Administration Regulations to make certain conforming changes. On April 18, 2002, the Bureau of Export Administration changed its name to the Bureau of Industry and Security, and made conforming changes in its regulations (67 FR 20630, April 26, 2002). Consistent with that change, effective May 17, 2002, the names of the "Office of Chief Counsel for Export Administration" and the "Chief Counsel for Export Administration" were changed to the "Office of Chief Counsel for Industry and Security" and the "Chief Counsel for Industry and Security," respectively. This rule makes appropriate conforming changes in the EAR.
6/14/02
67 FR 40910
List of Unverified Persons in Foreign Countries, Guidance to Exporters as to "Red Flags"
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As part of its preventive enforcement efforts, the Bureau of Industry and Security ("BIS") conducts pre-license checks ("PLC") and post-shipment verifications ("PSV") on certain export transactions. This notice sets forth a list of persons in foreign countries who were parties in past transactions where PLCs or PSVs could not be conducted for reasons outside the control of the U.S. Government. This notice also advises exporters that the involvement of a listed person as a party to a proposed transaction constitutes a "red flag" as described in the guidance set forth in Supplement No. 3 to 15 CFR part 732. Under that guidance, the "red flag" requires heightened scrutiny by the exporter before proceeding with a transaction in which a listed person is a party.
6/10/02
67 FR 39675
Notice of Inquiry: Computer Technology and Software Eligible for Export or Reexport Under License Exception TSR
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The Bureau of Industry and Security (BIS) is reviewing the current limit for use of License Exception TSR for exports and reexports of technology and software on the Commerce Control List (CCL) of the Export Administration Regulations (EAR) under Export Classification Control Numbers (ECCNs) 4D001 and 4E001. These ECCNs control technology and software that can be used for the development, production, or use of computers. The goal of this notice of inquiry is to collect information from industry that will assist BIS in evaluating whether the current TSR eligibility level of 33,000 Millions of Theoretical Operations per Second (MTOPS) for exports and reexports to most countries should be adjusted, taking into consideration the control level for the export of computer equipment and the control policies of other member countries of the Wassenaar Arrangement. Comments due by Wednesday, July 10, 2002.
6/6/02
67 FR 38855
Revisions and Clarifications to Encryption Controls in the Export Administration Regulations - Implementation of Changes in Category 5, Part 2 ("Information Security"), of the Wassenaar Arrangement List of Dual-Use Goods and Other Technologies
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This rule amends the Export Administration Regulations to reflect changes that were made in the Wassenaar Arrangement List of dual- use items. As a result of the revisions made by this rule, mass market encryption commodities and software with symmetric key lengths exceeding 64 bits may, for the first time, be exported and reexported to most destinations without a license, following a 30-day review by BIS. In addition, this rule expands License Exception ENC eligibility to authorize, for the first time, exports and reexports of information security test, inspection, and production equipment controlled under ECCN 5B002. Finally, this rule updates and clarifies the notification, review, licensing, and post-export reporting requirements that apply to certain encryption items.
5/30/02
67 FR 37977
Revisions and Clarifications to the Export Administration Regulations Chemical and Biological Weapons Controls: Australia Group; Chemical Weapons Convention
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The Bureau of Industry and Security (BIS), formerly the Bureau of Export Administration (BXA), is amending the Export Administration Regulations (EAR) to implement the understandings reached at the October plenary of the Australia Group (AG). This final rule ammends the Commerce Control List (CCL) and the corresponding export licensing provisions to the EAR to: authorize exports and re-exports without a license, to most destinations, of medical, analytical, diagnostic, and food testing kits containing small quantities of any chemicals controlled only by the AG.
5/20/02
67 FR 35428
Revisions to the Export Administration Regulations as a Result of the September 2001 Missile Technology Control Regime (MTCR) Plenary Meeting
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The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR), Commerce Control List (CCL), to reflect changes that were negotiated during the September 2001 Missile Technology Control Regime (MTCR) Plenary in Ottawa, Canada. These revisions include several changes to CCL entries ECCN 1C107 and ECCN 9A101. The revisions to ECCN 1C107 clarify what shapes and sizes are usable for rocket nozzles and reentry vehicle nose tips. The revisions to ECCN 9A101 expand the scope of items controlled, but will have a minimal effect on the number of license applications submitted to BIS.
5/13/02
67 FR 32009
In the Matter of: Jabal Damavand General Trading Company, P.O. Box 52130, Dubai, United Arab Emirates, Respondent; Decision and Order
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First, that, for a period of 10 years from the date that this Order is published in the Federal Register, Jabal Damavand General Trading Company, P.O. Box 52130, Dubai, United Arab Emirates, and all of its successors or assigns, officers, representatives, agents, and employees (hereinafter collectively referred to as the "denied person"), may not, directly or indirectly, participate in any way in any transaction involving any commodity, software, or technology (hereinafter collectively referred to as "item") exported or to be exported from the Untied States that is subject to the Export Administration Regulations (EAR), or in any other activity subject to the EAR.
4/26/02
67 FR 20630
Industry and Security Programs; Change of Agency Name
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This rule implements the decision by the Department of Commerce, through an internal organizational order, to change the name of the Bureau of Export Administration to the "Bureau of Industry and Security." The new name more accurately reflects the breadth of the bureau's activities in the spheres of national, homeland, economic, and cyber security. Consistent with this name change, this rule makes a number of changes in chapter VII of title 15 of the Code of Federal Regulations. Specifically, this rule changes all references to "Bureau of Export Administration" and "BXA," wherever they appear in chapter VII, to "Bureau of Industry andSecurity" and "BIS," respectively. In addition, this rule changes the appropriate definitions sections to conform to the new name of the bureau, and to reflect that the Under Secretary for Export Administration concurrently holds the title of Under Secretary for Industry and Security.
3/25/02
67 FR 13566
Corrections to Rule Entitled: Revisions to License Exception CTP: Implementation of Presidential Announcement of January 2, 2002
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On March 8, 2002 the Bureau of Export Administration (BXA) published a final rule revising License Exception CTP. This rule corrects errors in instruction 9. In rule FR Doc. 02-5562 published on March 8, 2002, (67 FR 10608), BXA makes the following corrections: on page 10610, in the third column, under part 742, in instruction 9, revise the phrase "in paragraph (b)(3)(iv)(A)" to read "in paragraph (b)(3)(iv)(A), and by revising the phrase "with a CTP greater than 85,000 MTOPS" to read "with a CTP greater than 190,000 MTOPS" in paragraph (b)(3)(i)(B)."
3/21/02
67 FR 13091
License Exception CIV Eligibility for Certain "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 based on their characteristics. Consistent with technological changes, this final rule makes License Exception CIV available for certain microprocessors controlled by Export Control Classification Number (ECCN) 3A001 when they have a composite theoretical performance (CTP) of equal to or greater than 6,500 million theoretical operations per second (MTOPS), but less than or equal to 12,000 MTOPS. License Exception CIV authorizes exports and reexports to civil end-users for civil end-uses in Country Group D:1, except North Korea. CIV may not be used for exports or reexports to military end-users or end-uses. This revision will decrease the number of license applications submitted to the Department of Commerce, which will decrease the burden to both the exporting community and the Department of Commerce.
3/18/02
67 FR 11896
Revisions and Clarifications to the Export Administration Regulations: Czech Republic, Hungary and Poland.
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The Bureau of Export Administration maintains the Export Administration Regulations (EAR). This rule amends the EAR by removing the license requirements for certain regional stability items and for certain crime control items destined to the Czech Republic, Hungary and Poland to correctly reflect the status of those countries as NATO members.
3/18/02
67 FR 11896
Corrections to Rule Entitled: Revisions to License Exception CTP: Implementation of Presidential Announcement of January 2, 2002.
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On March 8, 2002 the Bureau of Export Administration (BXA) published a final rule revising License Exception CTP. This rule corrects errors in the rulemaking requirements section (to indicate that this rule was determined by the Office of Management and Budget to be significant for purposes of Executive Order 12866), authorities section, list of subjects, part listings, and an instruction to add a missing paragraph reference.
3/18/02
67 FR 11896
Correction to Rule Entitled: Implementation of the Wassenaar Arrangement List of Dual-Use Items Revisions: Computers; and Revisions to License Exception CTP.
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On March 8, 2002 the Bureau of Export Administration (BXA) published a final rule revising the Commerce Control List to implement certain agreed changes in Category 4 (Computers) of the Wassenaar List of Dual-Use Goods and Technologies, specifically in the area of computers. This rule corrects an error in the rulemaking requirements section to indicate that this rule was determined by the Office of Management and Budget to be significant for purposes of Executive Order 12866.
3/11/02
67 FR 10890
Action Affecting Export Privileges; Infocom Corporation, Inc.
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Action Affecting Export Privileges; Infocom Corporation, Inc., Tetrabal Corporation, Ihsan Medhat ``Sammy'' Elashi, Also Known as I. Ash and Haydee Herrera and Doing Business as Kayali Corp.; Abdulah Al Nasser, Maysson Al Kayali, Mynet. Net Corp. Bayan Medhat Elashi, Ghassan Elashi, Basman Medhat Elashi, Hazim Elashi, Fadwa Elafrangi; Renewal of Order Temporarily Denying Export Privileges.
3/08/02
67 FR 10611
Implementation of the Wassenaar Arrangement List of Dual-Use Items Revisions: Computers; and Revisions to License Exception CTP
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The Bureau of Export Administration (BXA) maintains the Commerce Control List (CCL), which identifies those items subject to Department of Commerce export licensing requirements based on their characteristics. Certain entries on the CCL implement multilateral national security controls established by the Wassenaar Arrangement on Export controls for Conventional Arms and Dual-Use Goods (the Wassenaar Arrangement), of which the United States is a founding member. The Wassenaar Arrangement controls strategic items with the objective of improving regional and international security and stability.
3/08/02
67 FR 10608
Revisions to License Exception CTP: Implementation of Presidential Announcement of January 2, 2002
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The Bureau of Export Administration (BXA) is amending the Export Administration Regulations (EAR) by revising License Exception CTP to reflect rapid technological advances in computing capability. This rule implements the President's decision to revise U.S. export controls on high performance computers (HPCs), announced January 2, 2002. All HPCs continue to be eligible for export to a Computer Tier 1 country under License Exception CTP.
2/19/02
67 FR 7354
Action Affecting Export Privileges; Preston John Engebretson
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The Bureau of Export Administration, United States Department of Commerce (``BXA''), having initiated an administrative proceeding against Preston John Engebretson (``Engebretson'') pursuant to section 13(c) of the Administration Act of 1979, as amended (50 U.S.C. secs. 2401-2420 (1991 & Supp. V 1999)) (the ``Act''),\1\ and the Export Administration Regulations (currently codified at 15 CFR parts 730-774 (2001)) (the ``Regulations''),\2\ based on allegations that Engebretson committed 112 violations of the former Regulations--one violation of section 787.3(b), 32 violations of section 787.4, five violations of section 787A.4, 32 violations of section 787.5(a), five violations of section 787A.5(a), 32 violations of section 787.6, and five violations of section 787A.6 of the former Regulations.
2/19/02
67 FR 7352
Action Affecting Export Privileges: Jerry Vernon Ford
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The Bureau of Export Administration, United States Department of Commerce (``BXA''), having initiated an administrative proceeding against Jerry Vernon Ford (``Ford'') pursuant to section 13(c) of the Export Administration Act of 1979, as amended (50 U.S.C. Secs. 2401-2420 (1991 & Supp. V 1999)) (the ``Act''),\1\ and the Export Administration Regulations (currently codified at 15 CFR parts 730-774 (2001)) (the ``Regulations''),\2\ based on allegations that Ford committed 112 violations of the former Regulations--one violation of section 787.3(b), 32 violations of section 787.4, five violations of section 787A.4, 32 violations of section 787.5(a), five violations of section 787A.5(a), 32 violations of section 787.6, and five violations of section 787A.6 of the former Regulations.
2/19/02
67 FR 7351
Action Affecting Export Privileges; Thane-Coat, Inc.
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The Bureau of Export Administration, United States Department of Commerce (``BXA''), having initiated an administrative proceeding against Thane-Coat, Inc. pursuant to section 13(c) of the Export Administration Act of 1979, as amended (50 U.S.C. secs. 2401-2420 (1991 & Supp. V 1999)) (the ``Act''),\1\ and the Export Administration Regulations (currently codified at 15 CFR Parts 730-774 (2001)) the (The ``Regulations''),\2\ based on allegations that Thane-Coat, Inc. committed 112 violations of the former Regulations--one violation of section 787.3(b), 32 violations of section 787.4, five violations of section 787A.4, 32 violations of section 787.5(a), five violations of section 787A.5(a), 32 violations of section 787.6, and five violations of section 787A.6 of the former Regulations.
2/19/02
67 FR 7350
Action Affecting Export Privileges; Eli Cohen
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The Bureau of Export Administration, United States Department of Commerce (``BXA''), having initiated an administrative proceeding against Eli Cohen (``Cohen'') pursuant to section 13(c) of the Export Administration Act of 1979, as amended (50 U.S.C. secs. 2401-2420 (1991 & Supp. V 1999)) (the ``Act''),\1\ and the export Administration Regulations (currently codified at 15 CFR Parts 730-774 (2001)) (the ``Regulations''),\2\ based on allegations that on or about September 8, 1996, Cohen provided a false and misleading representation or statement of material fact directly to BXA and concealed material facts from BXA in connection with an improper transfer of an infrared camera, an item subject to the Regulations, in Israel, in violation of Section 764.2(g) of the Regulations.
2/19/02
67 FR 7349
Action Affecting Export Privileges; BS&B Process Systems, Inc.
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The Office of Export Enforcement, Bureau of Export Administration, United States Department of Commerce (BXA), having notified BS&B Process Systems, Inc. of its intention to initiate an administrative proceeding against pursuant to Part 766 of the Export Administration Regulations (currently codified at 15 CFR parts 730-774 (2001)) (The Regulations), \1\ issued pursuant to the Export Administration Act of 1979, as amended (50 U.S.C. Secs. 2401-2420 (1994 & Supp. V 1999)) (the Act),\2\ based on allegations that, on or about April 15, 1996, on or about May 5, 1997, and on or about February 5, 1998, BS&B Process Systems, Inc. exported oil production equipment from the United States to Iran, through the United Kingdom, without obtaining the authorization it knew or had reason to know was required, thereby committing violations of Sections 787.4 and 787.6 of the former Regulations and violations of Sections 764.2(a) and 764.2(e) of the Regulations, and that, in connection with the export to Iran on or about May 5, 1997, BS&B Process Systems, Inc. prepared a Shipper's Export Declaration stating that the ultimate destination of the export was the United Kingdom, when in fact the ultimate designation was Iran, thereby making a false or misleading representation directly or indirectly to a U.S. Government agency in connection with the preparation of an export control document in violation of Section 764.2(g) of the Regulations, and that, in connection with the export to Iran on or about February 5, 1998, BS&B Process Systems, Inc. failed to prepare the required Shipper's Export Declaration, thereby violating Section 764.2(g) of the Regulations.
2/19/02
67 FR 7348
Action Affecting Export Privileges; Black, Sivalls & Bryson (UK) Ltd.
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The Office of Export Enforcement, Bureau of Export Administration, United States Department of Commerce (hereinafter BXA), having notified Black, Sivalls & Bryson (UK) Ltd. of its intention to initiate an administrative proceeding against it pursuant to Part 766 of the Export Administration Regulations (currently codified at 15 CFR parts 730-774 (2001)) (the Regulations),\1\ issued pursuant to the Export Administration Act of 1979, as amended (50 U.S.C. app. Secs. 2401-2420 (1994 & Supp. V 1999)) (the Act),\2\ based on allegations that on three separate occasions, on or about April 15, 1996, on or about May 5, 1997, and on or about February 5, 1998, Black, Sivalls & Bryson (UK) Ltd. received oil production equipment in the United Kingdom that it knew or had reason to know its affiliated company in the United States, BS&B Process systems, Inc., had exported from the United States without the required authorization, and forwarded the items to Iran, thereby violating Section 787.4 of the former Regulations and Section 764.2(e) of the Regulations.
2/13/02
67 FR 6677
Action Affecting Export Privileges; Federal Parts International, Inc.
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The Bureau of Export Administration, United States Department of Commerce (BXA), having initiated an administrative proceeding against Federal Parts International, Inc. (hereinafter referred to as Federal Parts) pursuant to section 13(c) of the Export Administration Act of 1979, as amended (50 U.S.C. app. secs. 2401-2420 (1994 & Supp. V. 1999) (The ``Act'') \1\ and the Export Administration Regulations (currently codified at 15 CFR parts 730-774 (20012) (the ``Regulations''),\2\ based on allegations that, on two separate occasions, between on or about January 30, 1996 and on or about February 14, 1996, Federal Parts exported U.S.- origin auto parts from the United States to Iran in violation of Sec. 787.6 of the former regulations; that, in connection with the January 30, 1996 shipment, Federal Parts violated the provisions of Sec. 787.5(a) of the former regulations by making a false or misleading statement of material fact directly or indirectly to a United States government agency in connection with the preparation, submission, issuance or use or an export control document; that, on two separate occasions, on or about March 27, 1996 and on or about April 2, 1996, Federal Parts attempted to export from the United States to Iran U.S.-origin auto parts in violation of Secs. 787.3(a) and 787.4(a) of the former regulations; and that on or about April 2, 1996, Federal Parts violated the provisions of Sec. 785.5(a) of the former regulations by making false or misleading statements of material fact either directly to BXA or indirectly through any other person for the purpose of or in connection with the preparation, submission, issuance, use or maintenance or an export control document.
1/03/02
67 FR 458
Implementation of the Wassenaar Arrangement List of Dual-Use Items: Revisions to Categories 1, 2, 3, 4, 5, 6, 7 and 9 of the Commerce Control List and Revisions to Reporting Requirements
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The Bureau of Export Administration (BXA) maintains the Commerce Control List (CCL), which identifies items subject to Department of Commerce export controls. This final rule revises certain entries controlled for national security reasons in Categories 1, 2, 3, 4, 5 Part I (telecommunications), 6, 7 and 9 to conform with changes in the List of Dual-Use Goods andTechnologies maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement). The Wassenaar Arrangement controls strategic items with the objective of improving regional and international security and stability.
The purpose of this final rule is to make the necessary changes to the Commerce Control List to implement revisions to the Wassenaar List that were agreed upon in the December 1, 2000 meeting and to make necessary revisions to reporting requirements. The majority of the changes that affected Category 4 items will be published in a separate rule.
12/21/01
66 FR 65836
Removal of Two Russian Entities
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This rule amends the Export Administration Regulations (EAR) to remove two Russian Entities from the Entity List found at Supplement 4 to part 744 of the EAR. These entities were added to the list on July 29, 1998 (63 FR 40363). The Bureau of Export Administration maintains the Entity List to notify the public of license requirements for exports to entities listed on it.
10/01/01
66 FR 50090
India and Pakistan: Lifting of Sanctions, Removal of Indian and Pakistani Entities, and Revision in License Review Policy.
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On September 22, 2001, President George W. Bush waived sanctions placed on India and Pakistan in May 1998, including those sanctions implemented by regulations issued on November 19, 1998 (63 FR 64322). This rule implements the waiver of these sanctions by removing the policy of denial for exports and reexports of items controlled for Nuclear Proliferation (NP) and MissileTechnology (MT) reasons to India and Pakistan and restoring the use of License Exceptions for these items for entities not listed on the Entity List. In addition, this rule removes the supplementary measures taken in connection with the sanctions by removing a large number of Indian and Pakistani entities from the Entity List. The license requirements and review policy for the entities that remain on the list are set forth on the list itself.
09/28/01
66 FR 49520
Revisions and Clarifications to the Export Administration Regulations -- Chemical and Biological Weapons Controls: Australia Group; Chemical Weapons Convention
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The Bureau of Export Administration (BXA) is amending the Export Administration Regulations (EAR) to implement the understandings reached at the October 2000 plenary meeting of the Australia Group (AG). This final rule amends the Commerce Control List (CCL) and the corresponding export licensing provisions in the EAR to authorize exports, without a license, to State Parties to the Chemical Weapons Convention (CWC) of medical, analytical, diagnostic, and food testing kits containing small quantities of AG-controlled chemicals that are also identified on CWC Schedule 2 or 3, provided that they meet certain criteria. An export license for these kits is still required for anti-terrorism (AT) reasons or for other reasons specified in the EAR (e.g., embargoes). This rule also amends the CCL to implement a new AG policy on mixtures containing certain AG-controlled chemicals.Mixtures containing less than 30 percent by weight (previously 25 percent or less) of any single AG-controlled chemical generally may be exported without a license, unless the controlled chemical is also: (1) a CWC Schedule 1 chemical or (2) a CWC Schedule 2chemical destined for a State not Party to the CWC. However, exports of these mixtures to certain destinations continue to require a license for AT reasons or for other reasons specified in the EAR (e.g., embargoes).
In addition, this final rule amends the CCL to clarify controls on certain graphite-lined chemical manufacturing equipment, to revise controls on centrifugal separators, and to establish a new minimum size threshold for the control of heat exchangers and condensers.Furthermore, this rule amends the EAR by adding Cyprus and Turkey to Country Group A:3, which identifies the countries that participate in the Australia Group, thereby eliminating license requirements for exports and reexports of certain AG-controlled itemsto these two countries.
This rule also amends the CWC-related provisions in the EAR to clarify the export license requirements and policies for certain toxic chemicals and precursors listed in the Schedules of Chemicals contained within the Annex on Chemicals to the CWC. Specifically, this rule revises certain CWC-related provisions in the EAR to clarify BXA's export license requirements and policies in light of the CWC prohibition on retransfers of Schedule 1 chemicals to third countries and the CWC prohibition on exports of Schedule 2 chemicals to States not Party to the CWC that took effect on April 29, 2000.
Finally, this rule updates the list of countries that are currently States Parties to the CWC by adding the following countries:Azerbaijan, Colombia, Dominica, Eritrea, Gabon, Jamaica, Kazakhstan, Kiribati, Liechtenstein, Malaysia, Mozambique, Nicaragua, San Marino, the United Arab Emirates, Yemen, the Federal Republic of Yugoslavia (Serbia and Montenegro), and Zambia.
08/10/01
66 FR 42108
Revisions to the Export Administration Regulations; Country Group E:1; License Exception TMP
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This interim final rule amends the Export Administration Regulations (EAR) by revising Country Group E:1 to include all terrorist-supporting countries, and replacing references to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria with Country Group E:1 where appropriate. This rule also expands the scope of eligible countries for License Exception TMP for exhibition anddemonstration to all countries except the new Country Group E:1, with certain restrictions.
07/16/01
66 FR 36909
Harmonization of Definitions of Terms
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This regulation harmonizes the list of definitions of terms found in the Export Administration Regulations (EAR) with the terms found in the Wassenaar Arrangement list of dual-use items and terms found in the European Union List, as of 1999. Additional changes regarding definitionswill be incorporated into other regulations of the EAR as necessary.
07/12/01
66 FR 36676
Exports of Agricultural Commodities, Medicines and Medical Devices
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This rule amends the Export Administration Regulations (EAR) to implement certain provisions of the Trade Sanctions Reform and Export Enhancement Act (TSRA) of 2000. The TSRA requires the President to terminate existing U.S. unilateral agricultural and medical sanctions and also provides that the export of agricultural commodities, medicines and medical devices to designated terrorist countriesbe made in accordance with the licensing regime described in that Act. The Department of Commerce is implementing TSRA as it relates to exports of agricultural commodities to Cuba. This rule establishes License Exception Agricultural Commodities (AGR) to permit exports and reexports to Cuba of agricultural commodities that are not specifically identified on the Commerce Control List (CCL) and are classified as EAR99. The Department of the Treasury's Office of Foreign Assets Control (OFAC) is implementing TSRA as it relates to exports to Iran, Libya, and Sudan of agricultural commodities, medicines and medical devices that are not specifically identified on theCCL and are classified as EAR99.
05/14/01
66 FR 24264
Entity List: Revisions and Additions
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The Export Administration Regulations (EAR) provide that the Bureau of Export Administration (BXA) may inform exporters, individually or through amendment to the EAR, that a license is required for exports or reexports to certain entities. The EAR contain a list of such entities called the Entity List. This rule adds to the Entity List twelve entities located in the People's Republic of China (PRC). This rule also modifies three Russian entity listings and one Chinese entity listing, and makes one correction to an Israeli entity.
4/09/01
66 FR 18402
Implementation of the Wassenaar Arrangement List of Dual-Use Items: Revisions toMicroprocessors, Graphic Accelerators, and External Interconnects
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The Bureau of Export Administration (BXA) maintains the Commerce Control List (CCL), whichidentifies those items subject to Department of Commerce export controls. The CCL also reflects multilateral national security controls established by the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods (the Wassenaar Arrangement), of which the United States is a founding member.In this regard, on December 1, 2000, the Wassenaar Arrangement agreed to implement several changes in its List of Dual-Use Goods and Technologies. This final rule revises the CCL to implement certain recently agreed changes in Category 3 (Electronics) and Category 4 (Computers) of the Wassenaar List of Dual-Use Goods and Technologies, specifically in the areas of microprocessors, graphic accelerators, and external interconnects. This change is being implemented to reflect rapid technological advances and controllability factors. Additional changes in the Wassenaar Dual-Use List will be implemented in the CCL in supplemental regulations.
4/09/01
66 FR 18401
Addition of Brazil, Latvia, and Ukraine to the Nuclear Suppliers Group (NSG), and OtherRevisions
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As a result of the admission of Brazil, Latvia, and Ukraine to the Nuclear Suppliers Group (NSG), this rule adds Brazil, Latvia, and Ukraine to Country Group A, Column A:4 (Nuclear Suppliers) and to the definition of "Nuclear Suppliers Group". On February 12, 1997 (62 FR 6683), BXA published a regulation which removed the license requirement symbol for Brazil and Ukraine from the Commerce Country Chart, NP Column 1 (Nuclear Nonproliferation). This rule removes the license requirement symbol for Latvia from the Commerce Country Chart, NP Column 1. The Nuclear Supplies Group member countries have agreed to establish export licensing procedures for the transfer of items identified on the Annex to the "Nuclear-Related Dual-Use Equipment, Materials, and Related Technology List," which is published by the International Atomic Energy Agency.
In addition, Austria, Finland, Ireland and Sweden are added to "Countries Not Subject to Certain Nuclear End-Use Restrictions in �744.2(a)", because of their commitment to nuclear non-proliferation.
3/01/01
66 FR 12845
Exports to the Federal Republic of Yugoslavia; Revision of Foreign Policy Controls
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This final rule amends the Export Administration Regulations (EAR) by removing the additional license requirements imposed on Serbia in May 1999. However, a license is required for all exports and reexports by U.S. persons of any item subject to the EAR to persons listed pursuant to Executive Order 13088, as amended by Executive Order 13192 of January 17, 2001. The persons subject to sanctions under amended Executive Order 13088 include Slobodan Milosevic, his family, his close associates, and those indicted for war crimes. These sanctioned persons are identified on the list of specially designated nationals and blocked persons maintained by the Department of the Treasury's Office of Foreign Assets Control and identified by the bracketed suffix initials [FRYM]. Controls are maintained under the EAR on arms and related mat�riel to the Federal Republic of Yugoslavia (Serbia and Montenegro) consistent with United Nations Security Council Resolution 1160 of March 3, 1998.