[Federal Register: February 18, 2005 (Volume 70, Number 33)]
[Rules and Regulations]
[Page 8245-8251]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18fe05-7]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 730, 738, 740, 748, 756, 764, 766, 772 and 774
[Docket No. 050202022-5022-01]
RIN 0694-AD32
Technical Corrections to the Export Administration Regulations
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: 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.
DATES: This rule is effective February 18, 2005.
FOR FURTHER INFORMATION CONTACT: William H. Arvin, Office of Exporter
Services, Regulatory Policy Division, e-mail warvin@bis.doc.gov, fax
202 482 3355 or telephone 202 482 2440.
SUPPLEMENTARY INFORMATION: From time-to-time the Bureau of Industry and
Security (BIS) reviews portions of the Export Administration
Regulations (EAR) and identifies omissions, unnecessary language,
obsolete provisions, and provisions for which clarification is
desirable. This rule is the product of such a review; it clarifies,
updates, and revises the EAR. It does not make substantive changes to
the provisions and requirements of the EAR. In brief, this rule:
Updates the description of BIS's general plan of
organization in Sec. 730.9;
Revises and shortens the description of the scope of the
Commerce Country Chart in Sec. 738.3(a);
Clarifies availability of License Exception TMP for
exhibition and demonstration in Country Group D:1;
Clarifies availability of License Exception TMP for
reexports of kits of replacement parts to Country Group D:1;
Adds the Under Secretary for Industry and Security as an
official who may determine whether information subject to Sec. 12(c)
of the Export Administration Act may be released to the public in
conformance with the applicable Departmental Organization Order;
Removes an unnecessary statement about responsibility to
classify items from Sec. 748.3(a);
Revises the description of emergency processing of license
applications to conform to current agency practice;
Redesignates two paragraphs in Sec. 748.11 to conform to
the standard Code of Federal Regulations structure;
Corrects a citation to the recordkeeping requirements
pertaining to certificates or other documents obtained in connection
with exports subject to the Inter-American Firearms Convention;
Sets the value of aircraft and vessels on temporary
sojourn to $0 for license application purposes to prevent confusing
statistical values of items licensed for export to embargoed
destinations;
Revises the titles of the head and deputy head of BIS in
part 756
[[Page 8246]]
(Appeals) to conform to the currently applicable Departmental
Organizational Orders;
Corrects a citation error in the prohibition against
concealment or misrepresentation of facts and adds another citation to
clearly distinguish the export control documents from the boycott
report documents that are subject to Sec. 764.2(g);
Revises the title of the head of BIS in part 766
(Administrative Enforcement Proceedings) to conform to the currently
applicable Departmental Organizational Orders;
Revises the address for filing papers in administrative
enforcement proceedings;
Revises the definition of the term ``controlled country''
to make clear that controlled countries are countries subject to
national security export controls, to add two previously omitted
countries, and to reflect the shift of North Korea from Country Group
E:2 to D:1;
Removes a reference to a no longer existent technical note
and corrects the name of another document referenced in ECCN 1C018; and
Revises the ECCN 3A001 License Exceptions paragraph to
exclude certain commodities controlled for missile technology reasons
consistent with Sec. 740.2(a)(5).
The above-referenced changes are described in detail below.
Revisions to Statement of BIS's General Plan of Organization
Section 730.9 of the EAR describes BIS's general plan of
organization. This rule revises Sec. 730.9 to reflect the current
organization of the Bureau. Revised Sec. 730.9 incorporates references
to government Web sites as the sources of detailed information about
BIS and its constituent units.
Revisions to Description of the Scope of the Commerce Control List in
Sec. 738.3(a)
Section 738.3(a) describes the scope of the Commerce Country Chart.
Prior to publication of this rule, Sec. 738.3(a) stated that only two
instances existed in which the Country Chart could not be used in the
process of determining license requirements based on the reasons for
control expressed in Export Control Classification Numbers (ECCN) on
the Commerce Control List; short supply items, and ``Unique entries''.
The section then listed the ECCNs that were ``unique.'' Since the time
that Sec. 738.3 was initially written, the Commerce Control List has
been revised in ways that make that description inaccurate. The number
of ECCNs that contain, in their license requirements sections, license
requirements that are not related to the Country Chart has grown. In
some ECCNs, these license requirements are in lieu of Country Chart
license requirements. In other ECCNs, these license requirements are in
addition to Country Chart license requirements. In addition, some ECCNs
now serve as cross references to the license requirements of other
government agencies. This rule clarifies and shortens Sec. 738.3 by
providing a more general description of when the Country Chart is
needed to determine, in whole or in part, license requirements and by
eliminating references to specific ECCNs.
Clarification--License Exception TMP May Be Used for Exhibition and
Demonstration in Country Group D:1
On August 10, 2001, BIS published a rule revising the exhibition
and demonstration provisions of License Exception TMP (Sec.
740.9(a)(2)(iii) of the EAR) to expand the scope of permissible
destinations for such exhibitions and demonstrations from Country Group
B to all destinations not in Country Group E:1. When publishing that
rule, BIS stated that it ``expands the scope of eligible countries for
License Exception TMP for exhibition and demonstration by making
Country Group D:1 eligible for this provision'' (see 66 FR 42108,
August 10, 2001). However, that rule did not revise Sec.
740.9(a)(3)(i)(B) of the EAR, which prohibits use of License Exception
TMP for destinations in Country Group D:1 unless excepted in that
paragraph. This rule adds an exception to Sec. 740.9(a)(3)(i)(B)
covering exhibition and demonstration of commodities and software
authorized under Sec. 740.9(a)(2)(iii), making the former consistent
both with the latter and with BIS's published statement concerning the
effect of the rule published on August 10, 2001.
Clarification--License Exception TMP May Be Used for Reexports of Kits
of Replacement Parts to Country Group D:1
Section 740.9(a)(2)(ii) authorizes exports and reexports of kits of
replacement parts under License Exception TMP to all destinations
except those in Country Group E:1. However, prior to publication of
this rule, Sec. 740.9(a)(3)(i)(B)(3), which provides an exception to
the prohibition of use of License Exception TMP for shipments of kits
of replacement parts to destinations in Country Group D:1, referred
only to exports. This rule adds the phrase ``or reexported'' to Sec.
740.9(a)(3)(i)(B)(3), making it consistent with Sec. 740.9(a)(2)(ii).
Revision--Statement of BIS's Practice Regarding Release of Information
Obtained for the Purpose of Considering or Concerning License
Applications
This rule revises Sec. 748.1(c) to list the Under Secretary for
Industry and Security as an official upon whose determination BIS will
release information that is subject to Sec. 12(c) of the Export
Administration Act (EAA) to the public. Section 12(c) of the EAA sets
forth the criteria for public release of information obtained for
purposes of considering or concerning export license applications.
Section 12(c) designates the Secretary of Commerce as the official in
the Executive Branch who has authority to determine whether a release
of information that is subject to Sec. 12(c) of the EAA is in the
national interest. In Department of Commerce Departmental Organization
Order (DOO) 10-16, the Secretary of Commerce designates the Under
Secretary for Industry and Security, formerly the Under Secretary for
Export Administration, to exercise this authority. This rule revises
Sec. 748.1(c) to reflect the requirements of DOO 10-16.
Removal of Unnecessary Statement About Responsibility To Classify Items
Section 748.3 describes the procedures for requesting BIS to
classify items that are subject to the EAR and for requesting advisory
opinions from BIS. This rule removes the phrase ``In light of your
responsibility to classify your item'' from the first sentence of Sec.
743.3(a) because the phrase has no relevance to EAR procedures for
requesting BIS to perform the classification.
Revision of Description of Emergency Processing To Conform to Current
Practice
Section 748.4(h) describes procedures for requesting emergency
treatment of license applications and BIS's policy for dealing with
those requests. Prior to publication of this rule, that section set
forth some procedures that BIS no longer requires to be followed.
Moreover, in accordance with Executive Order 12981, as amended by
Executive Orders 13020, 13026, and 13117, BIS may not unilaterally
issue emergency licenses if the application must be reviewed by other
government agencies. This rule revises Sec. 748.4(h) to describe BIS's
current practice of giving applications expedited review and requesting
the other reviewing agencies to do likewise when BIS determines that
expedited review is appropriate.
[[Page 8247]]
Redesignation of Paragraphs To Conform to Standard Code of Federal
Regulations Structure
This rule redesignates Sec. 748.11(e)(4)(ii)(1) and (2) as Sec.
748.11(e)(4)(ii)(A) and (B) respectively.
Technical Correction--Part 762 Recordkeeping Requirements Apply to
Inter-American Firearms Convention Import Certificates
Section 748.14 of the EAR requires, inter alia, that applicants for
licenses to ship certain firearms and related items to destinations in
countries that are members of the Organization of American States
obtain and retain an import certificate or equivalent original
document. This rule corrects one sentence in Sec. 748.14(b) to state
that the recordkeeping provisions of Part 762, rather than only Sec.
762.2, apply to the Firearms Convention certificate requirement.
Section 762.2 is merely a list of records that must be kept. The
complete recordkeeping requirements are set forth in the whole of Part
762.
Use of $0 for Value of Vessels and Aircraft in License Applications for
Temporary Sojourns
The departure of a vessel or aircraft from the United States is,
under the EAR, an export of that aircraft or vessel. If the vessel or
aircraft is traveling, even temporarily, from the United States to a
destination for which it would require an export license and no license
exception is available, a license is required for the export of the
vessel or aircraft in addition to any licenses that may be required for
its cargo. License applicants are required to state the value of the
export on license applications. To date, this provision has required
applicants seeking licenses for vessels or aircraft on temporary
sojourn to estimate the value of the vessel or aircraft even though the
value is irrelevant to determining the outcome of the application. In
addition, these values can create a misleading impression in BIS's
annual licensing statistics as readers who may be unaware of the
requirement to license these temporary exports erroneously conclude
that BIS has licensed large volumes of aircraft and vessels for
permanent export to embargoed destinations. This rule addresses both
problems by adding a new paragraph (u) to supplement No. 2 to part 748,
instructing the applicant to declare the value of the aircraft or
vessel as $0 on applications to send vessels or aircraft on temporary
sojourn. This rule also adds a reference to that new paragraph (u) in
Sec. 748.8, which contains references to all of the ``unique license
requirements'' in Supp. No.2 to Part 748.
Revision of Title of Head and Deputy Head of the Bureau of Industry and
Security in Part 756
Part 756 describes the procedures for appealing certain
administrative actions to the head of BIS. This rule revises the titles
of ``Under Secretary for Export Administration'' and ``Deputy Under
Secretary for Export Administration'' to read ``Under Secretary for
Industry and Security'' and ``Deputy Under Secretary for Industry and
Security,'' respectively in Sec. 756.2. This change conforms the
titles in Sec. 756.2 to those in the Department of Commerce
Departmental Organizational Orders 10-16 and 50-1, as amended, dated
March 19, 2004.
Citation Correction and Clarification of Prohibition Against
Concealment or Misrepresentation of Facts
Section 764.2(g)(1)(ii) prohibits falsifying, misrepresenting, or
concealing material facts in export control documents and boycott
reports. Prior to publication of this rule, that section referenced
Sec. 760.6 of the EAR for the definition of boycott reports. Section
760.6 does not exist. This rule adds to Sec. 764.2(g)(1)(ii) a
reference to the definition of export control documents found in Sec.
772.1. This rule also revises a sentence in Sec. 764.2(g)(1)(ii) to
clarify the definition of boycott reports by referring to such reports
as ``reports filed or required to be filed pursuant to Sec. 760.5 of
the EAR.''
Revision of Title of BIS Head in Part 766--Administrative Enforcement
Proceedings
Section 766.2 defines certain terms that are used in administrative
enforcement proceedings under the EAR. Prior to publication of this
rule, three of those definitions, ``initial decision,'' ``recommended
decision,'' and ``Under Secretary'' referred to the Under Secretary for
Export Administration. This rule revises the title of the Under
Secretary in those definitions to read the ``Under Secretary of
Commerce for Industry and Security,'' pursuant to the title established
in the Department of Commerce Departmental Organizational Orders 10-16
and 50-1, as amended, dated March 19, 2004.
Revision of Address for Filing Papers in Administrative Enforcement
Proceedings
Section 766.5 sets forth an address for filing papers in
administrative enforcement proceedings. This rule replaces the obsolete
address in Sec. 766.5 with the current address for filing papers with
the administrative law judge.
Revision of Definition of Controlled Country
Section 772.1 of the EAR defines many terms used in the
regulations, including the term ``controlled country.'' Under this
definition, the term ``controlled country'' refers to destinations to
which BIS applies Commerce Control List based national security
controls. All such destinations, except Cuba, are listed in Country
Group D:1. Prior to publication of this rule, two destinations that had
been added to Country Group D:1, and thereby made subject such national
security controls, were omitted from the definition. Those destinations
are: Macau, which was added to Country Group D:1 on May 28, 1999 (see
64 FR 28908); and Iraq, which was added on July 30, 2004 (see 69 FR
46074). Additionally, North Korea was removed from Country Group E:2
and added to Country Group D:1 on June, 19, 2000 (see 65 FR 38150--
38151). This rule revises the definition of the term ``controlled
country'' in Sec. 772.1 to state that Macau, Iraq, and North Korea are
in Country Group D:1, and to eliminate redundant statements from the
definition.
Removal of Reference to a Non-existent Advisory Note and Correction of
the Name of a Multilateral Regime Control List Referenced in ECCN 1C018
Export Control Classification Number 1C018 was revised in 1999 to
remove the advisory note from that ECCN (see 64 FR 47667--47668,
September 1, 1999). However, that revision did not change the reference
to License Exception GBS in the License Exceptions section of that
ECCN, which continued to indicate that License Exception GBS was
available for items listed in the advisory note that had been removed.
This rule corrects that error by revising the reference to License
Exception GBS to read ``N/A'' to make clear that License Exception GBS
is not available for any item in ECCN 1C018. This rule also replaces
the term ``International Munitions List'' in the heading of 1C018 with
the term ``Wassenaar Arrangement Munitions List'' to reflect the
current name of that document.
[[Page 8248]]
Exclusion of Certain Commodities in ECCN 3A001 Controlled for Missile
Technology Reasons From License Exception GBS Eligibility
ECCN 3A001, paragraph .a.1.a. controls certain integrated circuits
when usable in missiles and paragraph .a.5.a controls certain analog-
to-digital converters when ``designed or modified'' for military use,
hermetically sealed and rated for operation in the temperature range
from below -54[deg]C. to above +125[deg]C. for missile technology
reasons. Prior to publication of this rule, the License Exception
section of ECCN 3A001 indicated that commodities in paragraph .a were
eligible for License Exception LVS and that commodities in paragraphs
.a.2 to .a.12 were eligible for License Exception GBS. However, section
740.2(a)(5) prohibits the use of license exceptions for items
controlled for missile technology reasons except for some specified
ECCNs in some specific circumstances. ECCN 3A001 is not one of those
specified ECCNs. This rule adds the phrases ``except a.1.a and a.5.a
when controlled for MT'' to the LVS paragraph and ``except a.5.a when
controlled for MT'' to the GBS paragraph to make them consistent with
Sec. 740.2(a)(5).
Rulemaking Requirements
1. This final rule has been determined to be not significant for
purposes of E.O.12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection of information, subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
involves collections of information subject to the PRA. These
collections have been approved by the Office of Management and Budget
(OMB) under control numbers 0694-0088 and 0694-0058.
Control number 0694-0088 ``Multi-Purpose Application'' carries a
burden hour estimate of 58 minutes to prepare and submit form BIS-748.
Miscellaneous and recordkeeping activities account for 12 minutes per
submission. Control Number 0694-0058 ``Voluntary Self-disclosures''
carries an annual burden hour estimate of 670 hours. BIS believes that
this rule will not change the burden hours imposed by either of these
collections. Send comments regarding these burden estimates or any
other aspect of these collections of information, including suggestions
for reducing the burden, to David Rostker, OMB Desk Officer, by e-mail
at david_rostker@omb.eop.gov or by fax to 202.395.285; and to the
Regulatory Policy Division, Bureau of Industry and Security, Department
of Commerce, PO Box 273, Washington, DC 20044.
3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
4. The Department finds that there is good cause under 5 U.S.C.
553(b)(3)(B) to waive the provisions of the Administrative Procedure
Act requiring a notice of proposed rulemaking and the opportunity for
public comment because this regulation updates internal agency process
matters, clarifies license exceptions, corrects citation errors and
clarifies paperwork requirements as described in the preamble. The
revisions made by this rule are purely administrative and do not affect
the rights or obligations of the public. Because these revisions are
not substantive changes to the EAR, it is unnecessary to provide notice
and opportunity for public comment. No other law requires that a notice
of proposed rulemaking and an opportunity for public comment be given
for this rule. Because notice of proposed rulemaking and opportunity
for public comment are not required to be given for this rule under the
Administrative Procedure Act or by any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable.
List of Subjects
15 CFR Part 730
Administrative practice and procedure, Advisory committees,
Exports, Reporting and recordkeeping requirements, Strategic and
critical materials.
15 CFR Parts 740 and 748
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Parts 738 and 772
Exports.
15 CFR Part 756
Administrative practice and procedure, Exports, Penalties.
15 CFR Part 764
Administrative practice and procedure, Exports, Law enforcement,
Penalties.
15 CFR Part 766
Administrative practice and procedure, Confidential business
information, Exports, Law enforcement, Penalties.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
0
Accordingly, parts 730, 738, 740, 748, 756, 764, 766, 772, and 774 are
amended as follows:
PART 730--[AMENDED]
0
1. Revise the authority citation for part 730 to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C.
287c; 22 U.S.C. 2151 note, Pub. L. 108-175; 22 U.S.C. 3201 et seq.;
22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 U.S.C.
6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; Sec.
901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 11912, 41
FR 15825, 3 CFR, 1976 Comp., p. 114; E.O. 12002, 42 FR 35623, 3 CFR,
1977 Comp., p. 133; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p.
179; E.O. 12214, 45 FR 29783, 3 CFR, 1980 Comp., p. 256; E.O. 12851,
58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12854, 58 FR 36587, 3
CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp.,
p. 899; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 12981, 60 FR
62981, 3 CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR 54079, 3 CFR,
1996 Comp. p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; E.O. 13338, 69 FR 26751, May 13, 2004;
Notice of August 6, 2004, 69 FR 48763 (August 10, 2004); Notice of
November 4, 2004, 69 FR 64637 (November 8, 2004).
0
2. Revise Sec. 730.9 to read as follows:
Sec. 730.9 Organization of the Bureau of Industry and Security.
The head of the Bureau of Industry and Security is the Under
Secretary for Industry and Security. The Under Secretary is assisted by
a Deputy Under Secretary for Industry and Security, the Assistant
Secretary for Export Administration, the Assistant Secretary for Export
Enforcement, the Director of Administration, the Director of the Office
of Congressional and Public Affairs, the Chief Information Officer, and
the Director of the Office of International Programs. The functions and
authorities of the Under Secretary are described in the Department's
Organizational Order 10-16. The Department's organizational and
administrative orders are available via
[[Page 8249]]
Office of Management and Organization's Web page on the Department's
Web site at http://www.osec.doc.gov/omo/DMPHome.htm. The principal
functions of the Bureau that directly affect the public are carried out
by two units: Export Administration and Export Enforcement.
(a) Export Administration is headed by the Assistant Secretary for
Export Administration, who is assisted by a Deputy Assistant Secretary.
Its substantive work is carried out by five sub-units: the Office of
Nonproliferation and Treaty Compliance, the Office of National Security
and Technology Transfer Controls, the Office of Exporter Services, the
Operating Committee, and the Office of Strategic Industries and
Economic Security. The functions of the Operating Committee are
described in Sec. 750.4(f)(1) of the EAR. The roles of the other units
are described on BIS's Web site at http://www.bis.doc.gov/about/programoffices.htm
.
(b) Export Enforcement is headed by the Assistant Secretary for
Export Enforcement who is assisted by a Deputy Assistant Secretary. Its
substantive work is carried out by three sub-units: the Office of
Export Enforcement, the Office of Enforcement Analysis and the Office
of Antiboycott Compliance. The roles of these units are described on
BIS's Web site at http://www.bis.doc.gov/about/programoffices.htm.
(c) BIS is also assisted in its work by six technical advisory
committees. The procedures and criteria for establishing and operating
the technical advisory committees is at supplement No. 2 to this part.
Information about the specific roles of each committee, meeting
schedules, and membership selection is available on BIS's Web site at
http://tac.bis.doc.gov/.
PART 738--[AMENDED]
0
3. The authority citation for part 738 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C.
287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s),
185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C.
app. 466c; 50 U.S.C. app. 5; Sec. 901-911, Pub. L. 106-387; Sec.
221, Pub. L. 107-56; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of
August 6, 2004, 69 FR 48763 (August 10, 2004).
0
4. Revise Sec. 738.3(a) to read as follows:
Sec. 738.3 Commerce Country Chart Structure.
(a) Scope. The Commerce Country Chart allows you to determine the
Commerce Control List (CCL) export and reexport license requirements
for most items listed on the CCL. Such license requirements are based
on the Reasons for Control listed in the Export Control Classification
Number (ECCN) that applies to the item. Some ECCNs, however, impose
license requirements either without reference to a reason for control
code that is listed on the Commerce Country Chart, or in addition to
such a reference. Those ECCNs may state their license requirements in
full in their ``Reasons for Control'' sections or they may refer the
reader to another provision of the EAR for license requirement
information. In addition, some ECCNs do not impose license
requirements, but refer the reader to the regulations of another
government agency that may impose license requirements on the items
described in that ECCN.
* * * * *
PART 740--[AMENDED]
0
5. The authority citation for part 740 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
Sec. 901-911, Pub. L. 106-387; E.O. 13026, 61 FR 58767, 3 CFR, 1996
Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783;
Notice of August 6, 2004, 69 FR 48763 (August 10, 2004).
0
6. In Sec. 740.9, revise paragraphs (a)(3)(i)(B)(2) and (3) and add a
paragraph (a)(3)(i)(B)(4) to read as follows:
Sec. 740.9 Temporary imports, exports, and reexports (TMP).
* * * * *
(a) * * *
(3) * * *
(i) * * *
(B) * * *
(2) Commodities and software exported under paragraph (a)(2)(i),
tools of trade, of this section;
(3) Commodities exported or reexported as kits consisting of
replacement parts, consistent with the requirements of paragraph
(a)(2)(ii) of this section; and
(4) Commodities and software exported or reexported for exhibition
and demonstration in accordance with the requirements of paragraph
(a)(2)(iii) of this section.
* * * * *
PART 748--[AMENDED]
0
7. The authority citation for part 748 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 6, 2004, 69 FR
48763 (August 10, 2004).
0
8. Revise Sec. 748.1(c) to read as follows:
Sec. 748.1 General provisions.
* * * * *
(c) Confidentiality. Consistent with section 12(c) of the Export
Administration Act, as amended, information obtained for the purpose of
considering license applications, and other information obtained by the
U.S. Department of Commerce concerning license applications, will not
be made available to the public without the approval of the Secretary
of Commerce or of the Under Secretary for Industry and Security.
0
9. Revise the first sentence of Sec. 748.3, paragraph (a) to read as
follows:
Sec. 748.3 Classification requests, advisory opinions, and encryption
review requests.
(a) Introduction. You may ask BIS to provide you with the correct
Export Control Classification Number down to the paragraph (or
subparagraph) level, if appropriate. * * *
* * * * *
0
10. Revise Sec. 748.4(h) to read as follows:
Sec. 748.4 Basic guidance related to applying for a license.
* * * * *
(h) Emergency processing. Applicants may request emergency
processing of license applications by contacting the Outreach and
Educational Services Division of the Office of Exporter Services by
telephone on (202) 482-4811 or by facsimile on (202) 482-3617. Refer to
the Application Control Number when making emergency processing
requests. BIS will expedite its evaluation, and attempt to expedite the
evaluations of other government agencies, of a license application
when, in its sole judgement, the circumstances justify emergency
processing. Emergency processing is not available for Special
Comprehensive License applications. See Sec. 750.7(h) of the EAR for
the limit on the validity period of emergency licenses.
0
11. In Sec. 748.8 add a new paragraph (u) to read as follows:
Sec. 748.8 Unique application and submission requirements.
* * * * *
(u) Aircraft and vessels on temporary sojourn.
Sec. 748.11 [Amended]
0
12. Redesignate Sec. 748.11(e)(4)(ii)(1) as Sec. 748.11(e)(4)(ii)(A)
and Sec. 748.11(e)(4)(ii)(2) as Sec. 748.11(e)(4)(ii)(B).
[[Page 8250]]
0
13. Revise the third sentence of the introductory text of Sec.
748.14(b) to read as follows:
Sec. 748.14 Import Certificate for firearms destined for Organization
of American States member countries.
* * * * *
(b) Import Certificate procedure. * * * All the recordkeeping
provisions of part 762 of the EAR apply to this requirement. * * *
* * * * *
0
14. In Supplement No. 2 to part 748, add a new paragraph (u) to read as
follows:
Supplement No. 2 to Part 748--Unique License Application Requirements
* * * * *
(u) Aircraft and vessels on temporary sojourn. If the application
is for an aircraft or a vessel traveling on a temporary sojourn, state
the value of the aircraft or vessel as $0 in box 22(g) (unit price) and
22(h) (total price). In box 23 (Total Application Dollar Value), insert
the total value of items other than the aircraft or vessel that are
included in the same application. If the application is only for the
aircraft or vessel on temporary sojourn, insert $0.
PART 756--[AMENDED]
0
15. Revise the authority citation for part 756 to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
6, 2004, 69 FR 48763 (August 10, 2004).
0
16. In Sec. 756.2, revise the first sentence of paragraph (a) and
revise paragraph (b)(1) to read as follows:
Sec. 756.2 Appeal from an administrative action.
(a) Review and appeal officials. The Under Secretary may delegate
to the Deputy Under Secretary for Industry and Security or to another
BIS official the authority to review and decide the appeal. * * *
(b) Appeal procedures. (1) Filing. An appeal under this part must
be received by the Under Secretary for Industry and Security, Bureau of
Industry and Security, U.S. Department of Commerce, Room 3898, 14th
Street and Pennsylvania Avenue, NW., Washington, DC 20230 not later
than 45 days after the date appearing on the written notice of
administrative action.
* * * * *
PART 764--[AMENDED]
0
17. Revise the authority citation for part 764 to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
6, 2004, 69 FR 48763 (August 10, 2004).
0
18. Revise Sec. 764.2(g)(1)(ii) to read as follows:
Sec. 764.2 Violations.
* * * * *
(g) * * *
(ii) In connection with the preparation, submission, issuance, use,
or maintenance of any export control document as defined in Sec.
772.1, or any report filed or required to be filed pursuant to Sec.
760.5 of the EAR; or
* * * * *
PART 766--[AMENDED]
0
19. Revise the authority citation for part 766 to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
6, 2004, 69 FR 48763 (August 10, 2004).
0
20. In Sec. 766.2, revise the definitions of ``Initial decision,''
``Recommended decision,'' and ``Under Secretary'' to read as follows:
Sec. 766.2 Definitions.
* * * * *
Initial decision. A decision of the administrative law judge in
proceedings involving violations relating to part 760 of the EAR, which
is subject to appellate review by the Under Secretary of Commerce for
Industry and Security, but which becomes the final decision in the
absence of such an appeal.
* * * * *
Recommended decision. A decision of the administrative law judge in
proceedings involving violations other than those relating to part 760
of the EAR, which is subject to review by the Under Secretary of
Commerce for Industry and Security, who issues a written order
affirming, modifying or vacating the recommended decision.
* * * * *
Under Secretary. The Under Secretary for Industry and Security,
United States Department of Commerce.
0
21. In Sec. 766.5, revise the first sentence of paragraph (a) to read
as follows:
Sec. 766.5 Filing and service of papers other than charging letter.
(a) Filing. All papers to be filed shall be addressed to EAR
Administrative Enforcement Proceedings, U.S. Coast Guard, ALJ Docketing
Center, 40 S. Gay Street, Baltimore, Maryland, 21202-4022, or such
other place as the administrative law judge may designate. * * *.
* * * * *
PART 772--[AMENDED]
0
22. The authority citation for part 772 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
6, 2004, 69 FR 48763 (August 10, 2004).
0
23. In Sec. 772.1, revise the definition of ``controlled country'' to
read as follows:
Sec. 772.1 Definitions of terms as used in the Export Administration
Regulations (EAR).
* * * * *
Controlled country. Countries designated controlled for national
security purposes under authority delegated to the Secretary of
Commerce by Executive Order 12214 of May 2, 1980 pursuant to section
5(b) of the EAA. The controlled countries are: Albania, Armenia,
Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, the People's Republic of
China, Estonia, Georgia, Iraq, Kazakstan, Kyrgyzstan, Laos, Latvia,
Lithuania, Macau, Moldova, Mongolia, North Korea, Romania, Russia,
Tajikstan, Turkmenistan, Ukraine, Uzbekistan, and Vietnam. All of the
controlled countries except Cuba are listed in Country Group D:1 of the
EAR. Cuba is listed in Country Group E:2. This definition does not
apply to part 768 of the EAR (Foreign Availability), which provides a
dedicated definition.
* * * * *
PART 774--[AMENDED]
0
24. The authority citation for part 774 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C.
287c, 22 U.S.C. 3201 et seq., 22 U.S.C. 6004; 30 U.S.C. 185(s),
185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C.
app. 466c; 50 U.S.C. app. 5; Sec. 901-911, Pub. L. 106-387; Sec.
221, Pub. L. 107-56; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of
August 6, 2004, 69 FR 48763 (August 10, 2004).
0
25. In Supplement No. 1 to part 774, Category 1--Materials, Chemicals,
``Microorganisms,'' and Toxins, Export Control Classification Number
1C018, revise the heading and the GBS paragraph of the License
Exceptions section to read as follows:
1C018 Commercial Charges and Devices Containing Energetic Materials on
the Wassenaar Arrangement Munitions List and Certain Chemicals as
Follows (see List of Items Controlled)
* * * * *
[[Page 8251]]
License Exceptions
LVS * * *.
GBS: N/A
CIV: * * *
* * * * *
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26. In Supplement No. 1 to part 774, Category 3--Electronics, Export
Control Classification Number 3A001, revise the License Exception
section to read as follows:
3A001 Electronic Components, as Follows (see List of Items Controlled)
* * * * *
License Exceptions
LVS: N/A for MT or NP.
Yes for:
$1500: 3A001.c
$3000: 3A001.b.1, b.2, b.3, .d, .e and .f
$5000: 3A001.a (except.a.1.a and a.5.a when controlled for MT), and
.b.4 to b.7
GBS: Yes for 3A001.a.1.b, a.2 to a.12 (except .a.5.a when
controlled for MT), b.2, and b.8 (except for TWTAs exceeding 18 GHz)
CIV: Yes for 3A001.a.3.b, a.3.c, a.4, a.7, and a.11.
* * * * *
Dated: February 14, 2005.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 05-3216 Filed 2-17-05; 8:45 am]
BILLING CODE 3510-33-P