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11/27/06
71 FR 68438

Addition of "Montenegro" and "Serbia" as separate countries in the Export Administration Regulations based on U.S. recognition of Montenegro as a sovereign state Download this information in a WordPerfect || PDF || ASCII || Format

The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to add "Montenegro" and "Serbia" as separate countries in the EAR and to establish separate export licensing requirements for Montenegro and Serbia. BIS is taking this action to update the EAR to reflect the United States' recognition of Montenegro as a sovereign state by the United States.

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

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

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

10/17/06
71 FR 61435
Withdrawal of Proposed Rule: Revised "Knowledge" Definition, Revision of "Red Flags" Guidance and Safe Harbor
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BIS is withdrawing a proposed rule published October 2004. That rule would have revised the definition of "knowledge" in the Export Administration Regulations. It also would have updated the "red flags" guidance and would have provided a safe harbor from liability arising from knowledge under the definition of that term. In light of the public comments received on the proposed rule and BIS's review of relevant provisions of the existing regulations, this proposed rule is being withdrawn.

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

09/07/06
71 FR 52956
December 2005 Wassenaar Arrangement Plenary Agreement Implementation: Categories 1, 2, 3, 5 Part I (telecommunications), 5 Part II (Information Security), 6, 8, and 9 of the Commerce Control List; Wassenaar Reporting Requirements; Definitions; and Certain New or Expanded Export Controls
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This final rule revises the Export Administration Regulations (EAR) to implement changes made to the Wassenaar Arrangement's List of Dual-Use Goods and Technologies (Wassenaar List), and Statements of Understanding maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement, or WA.) The purpose of this final rule is to make the necessary changes to Categories 1, 2, 3, 5 Part I (telecommunications), 5 Part II (Information Security), 6, 8, and 9 of the CCL, definitions of terms used in the EAR, and Wassenaar reporting requirements to implement Wassenaar List revisions that were agreed upon in the December 2005 Wassenaar Arrangement Plenary Meeting. In addition, this rule adds Croatia, Estonia, Latvia, Lithuania, South Africa, and Malta to the list of Wassenaar participating states in the EAR, which brings the total number of participating states to 40.

09/06/06
71 FR 52428
Revisions to the Export Administration Regulations based on the 2005 Missile Technology Control Regime Plenary Agreements; Correction
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This correcting amendment corrects an inadvertent error in the final rule that was published by the Bureau of Industry and Security (BIS) on July 31, 2006 (71 FR 43043). In the July 31, 2006, final rule, the amendatory instruction for ECCN 9A120 did not specify that the heading of the ECCN should be revised as set forth in the regulatory text for that ECCN. This document corrects that error by revising that section.

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

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

This rule also revises the EAR to reflect the fact that in October 2004 the United States rescinded Iraq's designation as a state sponsor of terrorism. As a result of the rescission of this designation, BIS may no longer control for anti-terrorism (AT) reasons items covered by eight export control classification numbers (ECCNs) for which BIS previously required a license for export or reexport to Iraq, or for transfer within Iraq. Note that BIS now controls these items for regional stability (RS) reasons and continues to require a license for their export or reexport to Iraq, or transfer within Iraq. This rule also amends the EAR to delete all references to Iraq's status as a Designated State Sponsor of Terrorism.

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

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

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

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

07/06/06
71 FR 38313
Proposed Rule Revisions and Clarification of Export and Reexport Controls for the People's Republic of China (PRC); New Authorization Validated End-User
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Consistent with the policy of the United States Government, this rule proposes to amend the Export Administration Regulations (EAR) by revising and clarifying United States licensing requirements and licensing policy on exports and reexports of goods and technology to the PRC. The proposed amendments include a revision to the licensing review policy for items controlled on the Commerce Control List (CCL) for reasons of national security, including a new control based on knowledge of a military end-use on exports to the PRC of certain CCL items that otherwise do not require a license to the PRC. This rule further proposes to revise the licensing review policy for items controlled for reasons of chemical and biological proliferation, nuclear nonproliferation, and missile technology for export to the PRC, requiring that applications involving such items be reviewed in conjunction with the revised national security licensing policy. This rule proposes the creation of a new authorization for validated end-users in certain destinations, including the PRC, to whom certain, specified items may be exported or reexported. Such validated end-users would be placed on a list in the EAR after review and approval by the United States Government. Finally, this rule proposes to require exporters to obtain an End-User Certificate, issued by the PRC Ministry of Commerce, for all items that both require a license to the PRC for any reason and exceed a total value of $5,000. This rule also proposes to eliminate the current requirement that exporters submit PRC End-User Certificates to BIS with their license applications but provides that they must retain them for five years.

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

06/22/06
71 FR 35989
Correction: Implementation of Unilateral Chemical/Biological (CB) Controls on Certain Biological Agents and Toxins; Clarification of Controls on Medical Products Containing Certain Toxins on the Australia Group (AG) Common Control Lists; Additions to the List of States Parties to the Chemical Weapons Convention (CWC)
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This document makes a correction to a final rule published by the Bureau of Industry and Security (BIS) on June 12, 2006 (71 FR 33614), which contained a formatting error involving the MT Column 1 controls described in the License Requirements section of ECCN 1E001. That final rule amended the Export Administration Regulations (EAR) to expand export and reexport controls on certain select agents and toxins determined by the Centers for Disease Control and Prevention (CDC) and the Animal and Plant Health Inspection Service (APHIS) to have the potential to pose a severe threat to human, animal and plant life, as well as certain sectors of the U.S. economy.

06/13/06
71 FR 34008
Authorization to Appoint Any Commerce Department Employee to be Appeals Coordinator in Certain Administrative Appeals
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This rule revises Section 756.2 of the Export Administration Regulations (EAR) to authorize the Under Secretary for Industry and Security to designate any employee of the Department of Commerce to be the appeals coordinator for appeals of administrative actions taken under part 756 of the EAR. Such designation of employees from outside the Bureau of Industry and Security shall require the concurrence of the head of the operating unit in which that employee is employed. Prior to publication of this rule, only a "BIS official" might have been designated as appeals coordinator.

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

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

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

05/26/06
71 FR 30283
Cuba: Revision of Personal Baggage Rules
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This final rule amends the Export Administration Regulations (EAR) to clarify that certain personal articles are exempt from the 44-pound weight limit on personal baggage authorized for travelers to Cuba under License Exception Baggage (BAG).

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

05/12/06
71 FR 27604
Revised Appeal Procedure for Persons Designated as Related Persons to Denial Orders
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This rule revises Section 766.23(c) of the Export Administration Regulations (EAR) to make the appeal procedure for any person named as a related person to the respondent in an order denying export privileges identical to the appeal procedure for the respondent in that order. Prior to publication of this rule appeals by such related persons were subject to different procedures than appeals by the respondent in the case of orders issued under �6.25 for violations of certain statutes, orders issued for violations related to part 760 (Restrictive Trade Practices and Boycotts) and temporary denial orders issued under �6.24.

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

04/24/06
71 FR 20876
Implementation of New Formula for Calculating Computer Performance: Adjusted Peak Performance (APP) in Weighted TeraFLOPS; Bulgaria; XP and MT Controls
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This rule is effective immediately except the revision to move Bulgaria from Computer Tier 3 to Computer Tier 1. The Bulgaria revision will become effective on June 3rd, barring any concerns from Congress. This final rule will amend the Export Administration Regulations to implement the Wassenaar Arrangement's December 2005 agreement to revise the formula for calculating computer performance from Composite Theoretical Performance (CTP) measured in Millions of Theoretical Operations Per Second (MTOPS) to Adjusted Peak Performance (APP) measured in Weighted TeraFLOPS (WT). This rule will also establish new control levels in the Commerce Control List expressed in WT.

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

03/21/06
71 FR 14097
Corrections and Clarifications to the Export Administration Regulations
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This rule corrects transposition errors and citation errors, revises the address for temporary denial order appeals with an Administrative Law Judge and removes an obsolete interpretation.

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.

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