Federal Register Notices Affecting the EAR

Published March 25, 1996 - February 2001

Published March 2006 - present || Published March 2001 - February 2006

1/22/01
66 FR 6465
Implementation of Presidential Announcement of January 10, 2001: Revisions to License Exception CTP; Corrections
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On January 19, 2001 the Bureau of Export Administration (BXA) published a final rule (66 FR 5443) revising License Exception CTP. This rule corrects inadvertent citation references in the January 19 rule.

1/19/01
66 FR 5443
Implementation of President's January 10th Announcement: Revisions to License Exception CTP
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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 sixth revision to U.S. export controls on high performance computers (HPCs), announced January 10, 2001. License Exception CTP is revised by removing Computer Tier 2 and merging its countries into Computer Tier 1. All HPCs continue to be eligible for export to a Computer Tier 1 country under License Exception CTP. Additionally, HPCs with CTP up to 85,000 MTOPS can be exported to Computer Tier 3 countries under License Exception CTP, and beginning March 20, 2001, exporters will no longer be required to submit National Defense Authorization Act (NDAA) advance notifications for HPCs with CTP exceeding 85,000 MTOPS. The NDAA advance notification will not be required for these computers, because exporters will be submitting a license for exports to Computer Tier 3 countries of HPCs with CTP exceeding 85,000 MTOPS. This rule also moves Lithuania from Computer Tier 3 to Computer Tier 1, effective May 19, 2001. The President's action will promote our national security, enhance the effectiveness of our export control system and ease unnecessary regulatory burdens on both government and industry.

12/07/00
65 FR 76561
General Order Concerning Shaykh Hamad bin Ali bin Jaber Al-Thani, Gulf Falcon Group, Ltd., and related entities
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On November 16, 2000, Shaykh Hamad bin Ali bin Jaber Al-Thani delivered to Baghdad, Iraq, a Boeing 747 aircraft to Iraqi President Saddam Hussein as a gift. This action violated the United Nations Security Council resolution restricting trade with Iraq. To guard against further such diversions to Iraq, BXA published this rule which imposes a license requirement for exports and reexports of all items subject to the Export Administration Regulations (EAR) that are on the Commerce Control List destined to or for Shaykh Hamad bin Ali bin Jaber Al-Thani and entities related to or controlled by him, as follows: Gulf Falcon Group, Ltd. located in Doha, Qatar; Air Gulf Falcon located in Sharjah, United Arab Emirates; Falcon Aircraft Maintenance Center located in Sharjah, United Arab Emirates; and Falcon Air Leasing located in Sharjah, United Arab Emirates. This order also prohibits the use of License Exceptions for exports and reexports of all items subject to the EAR that are listed on the Commerce Control List to these entities. This rule amends the EAR to implement General Order No. 3.

11/06/00
65 FR 66514
Effects of Foreign Policy-Based Export Controls
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The Bureau of Export Administration (BXA) is reviewing the foreign policy-based export controls in the Export Administration Regulations to determine whether they should be modified, rescinded or extended. To help make these determinations, BXA is seeking comments on how existing foreign policy-based export controls have affected exporters and the general public.

11/03/00
65 FR 66169
Revisions to License Exception CTP; Corrections
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This rule corrects inadvertent errors or omissions in the October 13 final rule (65 FR 60852) revising License Exception CTP. This rule revises the regulations to show the correct effective date that Estonia becomes a Tier 2 country (December 28, 2000). This rule also revises the License Requirements section of Export Control Classification Number (ECCN) 4D002 consistent with previously agreed to changes in the Wassenaar List of Dual-Use Goods and Technologies. In addition, this rule corrects a typographical error that appeared in the regulations. Finally, this preamble clarifies that the preambular text in the October 13 rule incorrectly described changes to ECCNS 4D003 and 4E003. These changes wereto ECCNS 4D001 and 4E001 and were correctly set forth in the regulatory text of the October 13 rule.

10/19/00
65 FR 62600
Revisions to Encryption Items
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This rule amends the Export Administration Regulations (EAR) and implements the July 17 White House announcement to streamline the export and reexport of encryption items to European Union (EU) member states, Australia, Czech Republic, Hungary, Japan, New Zealand, Norway, Poland and Switzerland under License Exception ENC. The 30-day waiting period and the previous distinction between government andnon-government end-users are removed by this rule for these destinations. This rule makes further revisions and clarifications to the rule published on January 14, 2000 including changes in the treatment of products incorporating short-range wireless technologies, open cryptographic interfaces, beta test software, encryption source code, and U.S. content (de minimis) requirements. This rule also allows, for the first time, exporters to self-classify unilateral controlled encryption products (that fall under Export Control Classification Numbers (ECCNs) 5A992, 5D992 and 5E992) upon notification to the Bureau of Export Administration (BXA). Restrictions on exports by U.S. persons to terrorist-supporting states (Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria), their nationals and other sanctioned entities are not changed by this rule.

10/13/00
65 FR 60852
Revisions to License Exception CTP
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This rule amends the EAR by revising License Exception CTP to reflect continuing technological advancement in the computer industry. High Performance Computers (HPCs) with a composite theoretical performance (CTP) of up to 45,000 millions of theoretical operations per second (MTOPS) can be exported to Computer Tier 2 countries under License Exception CTP, and HPCs with a CTP up to 28,000 MTOPS can beexported Computer Tier 3 destinations under License Exception CTP. The civil-military distinction for computer Tier 3 end-users and end-uses is removed. Effective February 26, 2001, this rule also raises the advance notification level for HPC exports to Computer Tier 3 countries to 28,000 MTOPS. As required by the National Defense Authorization Act of 1998 (NDAA), changes in the advance notification level for HPC exports to Tier 3 destinations are only effective 180 days following the submission by the President of a report to Congress. The President sent the report to Congress on August 30, 2000. This rule moves Argentina from Computer Tier 2 to Computer Tier 1. This rule also moves Estonia from Computer Tier 3 to Computer Tier 2, effective December 28, 2000.

10/03/00
65 FR 58911
Revisions and Clarifications to the Commerce Control List; Chemical and Biological Weapons Controls; Australia Group
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This rule amends the EAR to implement an Australia Group (AG) agreement to clarify the scope of controls on saxitoxin, toxic gas monitoringsystems, and cross-flow filtration equipment, as well as clarifying the application of the rule for mixtures containing AG chemicals that are also identified as Schedule 1 chemicals under the Chemical Weapons Convention. The final rule also amends the CCL to authorize, without a license,exports of certain medical products containing botulinum toxin, and certain diagnostic and food testing kits that contain AG-controlled toxins. Finally, this final rule amends the CCL to add titanium carbide and silicon carbide to the list of construction materials for heat exchangers. Restrictions on chemicals and toxins that are also controlled for CW (Chemical Weapons Convention) purposes continue to apply. This rule will result in an overall decreased licensing burden on U.S. industry.

09/13/00
65 FR 55177
Crime Control Items: Revisions to the Commerce Control List
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This rule amends the EAR to expand controls on restraint devices, such as handcuffs, and on discharge type arms, such as stun guns or shockbatons and imposes controls on technology for the development or production of those items. This rule also makes changes to control listentries to better distinguish between restraint devices and other police equipment, which will result in more transparent licensing statistics on items controlled for crime control reasons. It also improves the control list grouping for fingerprinting powders, dyes, and inks. In addition, this rule modifies the license review policy to include consideration of whether there is civil disorder in the country or region or whether there is evidence that the government of the importing country may have violated internationally recognized human rights.

07/27/00
65 FR 46091
Reexports to Serbia of Foreign Registered Aircraft Subject to the Export Administration Regulations
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The Bureau of Export Administration (BXA) is amending the Export Administration Regulations (EAR) by reinstating provisions of LicenseException AVS for temporary reexports to Serbia of foreign registered aircraft subject to the EAR. This limited action is taken in support of the European Union's six month suspension of its ban on flights to Serbia.

07/26/00
65 FR 45842
Export Administration Regulations Entity List: Revisions to the Entity List
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On November 19, 1998, the Bureau of Export Administration (BXA) published a rule in the Federal Register (63 FR 64322) that added certain Indian and Pakistani entities to the Entity List in the Export Administration Regulations (EAR). Further revisions were made to the list of Indian entities on March 17, 2000 (65 FR 14444). This rule removes two Indian entities: the Nuclear Science Centre located in New Delhi and the Uranium Recovery Plant located in Cochin; and adds one Indian entity: Indian Space Research Organization (ISRO), Telemetry, Tracking and Command Network (ISTRAC) to the Entity List.

07/12/00
65 FR 43130
Revisions to the Export Administration Regulations: Implementation of the Wassenaar Arrangement List of Dual-Use Items: Revisions toCategories 1, 2, 3, 4, 5, 6 and 9 of the Commerce Control List
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The Bureau of Export Administration is amending the Export Administration Regulations (EAR) by revising certain entries controlled for national security reasons in Categories 1, 2, 3, 4, 5, 6 and 9 to conform with changes in the Wassenaar Arrangement's List of Dual-Use Goods and Technologies maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement). The Wassenaar Arrangement controls strategic items with the objective of improving regional and international security and stability. The purpose of this final rule is to make the necessary changes to the Commerce Control List to implement recently agreed revisions to the Wassenaar List of Dual-Use Goods and Technologies.

07/10/00
65 FR 42565
Parties to a Transaction and their Responsibilities, Routed Export Transactions, Shipper's Export Declarations, the Automated Export System(AES), and Export Clearance
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The Bureau of Export Administration is revising the Export Administration Regulations (EAR) to clarify the responsibilities of parties to export and reexport transactions, the filing and use of Shipper's Export Declarations, Destination Control Statement requirements, and other export clearance issues. In addition, this rule adds information about the scope and requirements for the Automated Export System (AES) Option 4 provision.

06/19/00
65 FR 38148
Easing of Export Restrictions on North Korea
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The Bureau of Export Administration is amending the Export Administration Regulations (EAR) to implement the President's statement of September 17, 1999 easing sanctions against North Korea. Under this new policy, most items subject to the EAR designated as EAR99 may be exported or reexported to North Korea without a license. In addition, BXA is changing the licensing policy for certain items on the Commerce Control List (CCL) destined to North Korean civil end-users from a policy of denial to case-by-case review. This regulation also adds certain categories of items to the CCL for which a license will be required to North Korea.

06/13/00
65 FR 37039
Expansion of License Exception CIV Eligibility for "Microprocessors" Controlled by ECCN 3A001 and Graphics Accelerators Controlled by ECCN 4A003
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The Bureau of Export Administration is amending the Export Administration Regulations (EAR) by adjusting the License Exception CIV eligibility level for microprocessors controlled by Export Control Classification Number (ECCN) 3A001 from a composite theoretical performance (CTP) of equal to or less than 3500 million theoretical operations per second (MTOPS) to a CTP of equal to or less than 4500 MTOPS. This rule also adjusts the License Exception CIV eligibility level for graphics accelerators controlled by Export Control Classification Number (ECCN) 4A003 from 75 million vectors per second to 100 million vectors per second. License Exception CIV authorizes exports and reexports to civil end-users for civil end-uses in Country Group D:1. CIV may not be used for exports or reexports to militaryend-users or end-uses.

06/01/00
65 FR 34942
Restrictive Trade Practices or Boycotts
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The Bureau of Export Administration is amending the Export Administration Regulations (EAR) to make certain editorial revisions and clarifications to the antiboycott provisions of the EAR. The antiboycott provisions of the EAR became effective on January 18, 1978 and provided for a six-month grace period ending June 21, 1978,when enforcement of certain of the sections of the regulations commenced. This rule removes all references to the 1978 grace period, including deletions of language in the text of the regulations and the interpretative examples that no longer apply. In some cases, new text has been added to preserve the substantive meaning of the regulation or example. The rule also removes the phrase "effective date of this part" and replaces it with the January 18, 1978 date of publication of the original rule. In addition, this rule corrects paragraph references, particularly in the interpretative Supplements. It also provides clarifying language in instances where the original textwas unclear, as well as making typographical corrections, as appropriate. This rule also addresses issues raised by a proposed rule published by the Department on September 26, 1989 (54 FR 39415).

05/26/00
65 FR 34073
Revisions and Clarifications to the Export Administration Regulations; Commerce Control List
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On July 23, 1999, the Bureau of Export Administration (BXA) published a final rule (64 FR 40106) that revised the Commerce Control List (CCL) based on Wassenaar Arrangement review. The final rule revised certain entries controlled for national security reasons in Categories 1,2,3,4,5,6,7, and 9 to conform with changes in the Wassenaar Arrangement's List of Dual-Use Goods and Technologies. This final rule amends the CCL by making certain revisions and clarificationsand, in some cases, inserts material inadvertently omitted from the July 23 final rule. This rule also makes corresponding changes to parts 742, 743, 746 and 772 of the Export Administration Regulations.

03/20/00
65 FR 14862
Revisions to the Export Administration Regulations; Administrative Enforcement Proceedings
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The Bureau of Export Administration (BXA) is amending the Export Administration Regulations (EAR) by amending itsregulations on administrative enforcement proceedings. Specifically, this rule amends the EAR by providing that, notwithstandingcertain circumstances, when determining whether to deny the export privileges of a person convicted of violating certain laws,BXA will give prior notice of this administrative action and an opportunity for that person to make written comments to BXAstating why a denial is not appropriate. This rule further clarifies the scope of the export privileges which may be denied. Inaddition, it clarifies in part 756 of the EAR that these administrative procedures are subject to the appeals procedures describedin that part.

03/20/00
65 FR 14858
Editorial Clarifications and Revisions to the Export Administration Regulations
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The Bureau of Export Administration is amending the Export Administration Regulations to make certain editorial revisions andclarifications.

03/17/00
65 FR 14444
Export Administration Regulations Entity List: Removal of Entities, Revision in License Policy, and Reformat of List
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On November 18, 1998, the Bureau of Export Administration (BXA) published a rule in the Federal Register (63 FR 64322)that added certain Indian and Pakistani entities to the Entity List in the Export Administration Regulations (EAR). This ruleremoves 51 Indian entities and modifies one entity's listing. In addition, this rule will revise the license review policy for itemsclassified as EAR99 (items that are subject to the EAR, but are not listed on the Commerce Control List) to Indian andPakistani government, private and parastatal entities from a presumption of denial to a presumption of approval. Also, to correcttwo inadvertent errors in the publication of the Entity List, this rule: re-designates one existing Pakistani entry on the list as agovernment entity instead of a military facility; and re-designates one existing Indian entry on the list as a government entityinstead of a private or parastatal entity, while also correcting the organization with which it was previously identified. Finally,after consultation between BXA and the Department of State, the subordinates of Indian and Pakistani organizations that are onthe Entity List will be moved to appendix A and appendix B of the Entity List, respectively. BXA anticipates this change inpolicy will increase the number of license applications submitted to BXA.

03/15/00
65 FR 13879
Correction to Revisions to the Export Administration Regulations
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On March 10, 2000 the Bureau of Export Administration published a final rule (65 FR 12919) revising License Exception CTP and revising the Commerce Control List to liberalize the national security thresholds for digital computers to conform with recently agreed changes in the Wassenaar List of Dual-Use Goods and Technologies. This rule corrects an inadvertent error that appeared in the March 10 rule by inserting the word "not" which was inadvertently omitted from the note to the License Requirements section of Export Control Classification Number 4A003.

03/10/00
65 FR 12919
Revisions to License Exception CTP
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The Bureau of Export Administration (BXA) is amending the Export Administration Regulations (EAR) by revising LicenseException CTP to reflect continuing technological advancement in the computer industry. Accordingly, High PerformanceComputers (HPCs) with a composite theoretical performance (CTP) of up to 33,000 millions of theoretical operations persecond (MTOPS) can be exported to Computer Tier 2 countries, and HPCs with a CTP up to 20,000 MTOPS can beexported to civilian end-users and end-uses in Computer Tier 3 destinations under License Exception CTP. For militaryend-users and end-uses in Computer Tier 3 countries, the CTP limit remains at 6,500 MTOPS until August 14, 2000, when it israised to 12,500 MTOPS. This coincides with the date this rule raises the advance notification level for HPC exports toComputer Tier 3 countries to 12,500 MTOPS. As required by the National Defense Authorization Act of 1998 (NDAA),changes in the advance notification level for HPC exports to Tier 3 destinations are only effective 180 days following thesubmission of a report to Congress. This report was sent to Congress on February 16, 2000. This rule also moves Romaniafrom Computer Tier 3 to Computer Tier 2, effective June 15, 2000, and links the level of HPCs requiring post-shipmentverification reporting to the advance notification level for HPC exports to Computer Tier 3 destinations. This rule also revisesthe Commerce Control List (CCL) to liberalize the national security thresholds for digital computers to conform with recentlyagreed changes in the Wassenaar List of Dual-Use Goods and Technologies, and corrects/updates the mailing address forsubmission of post-shipment reports.

01/14/00
65 FR 2492
Revisions to Encryption Items
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On January 14, 2000, the Bureau of Export Administration published an interim final rule (63 FR 2452) implementing the Administration's new approach to encryption export controls, as announced on September 16, 1999. Under this new policy, exports and reexports of any encryption commodity or software are allowed to individuals, commercial firms, and other non-government end-users in all destinations. Exports and reexports of retail encryption commodities and software are allowed to all end-users in all destinations. Post-export reporting requirements are streamlined, and changes are made to reflect amendments to the Wassenaar Arrangement. Restrictions on terrorist supporting states (Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria), their nationals and other sanctioned entities are not changed by this rule.

11/30/99
64 FR 66821
Effects of Foreign Policy-Based Export Controls
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The Bureau of Export Administration (BXA) is reviewing the foreign policy-based export controls in the Export Administration Regulations to determine whether they should be modified, rescinded or extended. To help make these determinations, BXA is seeking comments on how existing foreign policy-based export controls have affected exporters and the general public.

11/26/99
64 FR 66372
Expansion of License Exception CIV Eligibility for "Microprocessors" Controlled by ECCN 3A001 and Graphics Accelerators Controlled by ECCN 4A003
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On November 26, 1999, the Bureau of Export Administration (BXA), consistent with technological changes, adjusted the License Exception CIV eligibility level for microprocessors controlled by Export Control Classification Number (ECCN) 3A001 from a composite theoretical performance (CTP) of equal to or less than 1900 million theoretical operations per second (MTOPS) to a CTP of equal to or less than 3500 MTOPS. This rule also adjusted the License Exception CIV eligibility level for graphics accelerators controlled by Export Control Classification Number (ECCN) 4A003 from 10 million vectors per second to 75 million vectors per second. License Exception CIV is available for exports and reexports to civil end-users for civil end-uses in Country Group D:1.

11/05/99
64 FR 54520
Exports to Kosovo
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The Bureau of Export Administration (BXA) is amending the Export Administration Regulations (EAR) to exempt the Serbian province of Kosovo ("Kosovo") from certain license requirements for exports and reexports to Serbia of items subject to the Export Administration Regulations (EAR).

10/07/99
64 FR 54520
Revisions to the Commerce Control List (ECCNs 1C351, 1C991, and 2B351): Medical Products Containing Biological Toxins; and Toxic Gas Monitoring Systems and Dedicated Detectors
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This final rule amends the Commerce Control List (CCL) of the Export Administration Regulations to implement an October 1998 Australia Group agreement to amendcontrols on toxic gas monitoring systems and dedicated detectors. This final rule also amends the CCL to authorize, without a license, exports of medical productscontaining controlled biological toxins (except saxitoxin and ricin) that are developed, packaged and sold for medical treatment. This rule will result in a decreasedlicensing burden on U.S. industry.

10/04/99
64 FR 53854
Parties to a Transaction and their Responsibilities, Routed Export Transactions, Shipper's Export Declarations, and Export Clearance
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The Bureau of Export Administration proposes to revise the Export Administration Regulations (EAR) to clarify the responsibilities of parties to an export transaction,the filing and use of Shipper's Export Declarations, Destination Control Statement requirements, and other export clearance issues. Comments are requested, and mustbe received by December 3, 1999.

09/16/99
64 FR 50247
Exports and Reexports for Syrian Civilian Passenger Aircraft Safety of Flight
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The Bureau of Export Administration is amending the Export Administration Regulations by revising the license review policy for the export and reexport of certain aircraft parts and components to ensure safety of flight for civil passenger aircraft. License applications for the export and reexport of aircraft parts and components forSyrian civil passenger aircraft will be reviewed on a case-by-case basis with a presumption of approval.

09/13/99
64 FR 49382
Reexports to Libya of Foreign Registered Aircraft Subject to the Export Administration Regulations
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The Bureau of Export Administration (BXA) is amending the Export Administration Regulations (EAR) by reinstating provisions of License Exception AVS fortemporary reexports to Libya of foreign registered aircraft subject to the EAR. This limited action is taken in response to suspended United Nations sanctions.

09/13/99
64 FR 49380
Chemical Weapons Conventions; Revisions to the Export Administration Regulations; States Parties; Licensing Policy Clarification
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On May 18, 1999, the Bureau of Export Administration published an interim rule (64 FR 27138) implementing the export control and reporting provisions of the Chemical Weapons Convention. This rule adds Estonia, Holy See, Micronesia, Nigeria and Sudan to the list of States Parties to the Convention, and makes clarifications in thelicensing policy for exports and reexports of Schedule 2 and Schedule 3 chemicals. Finally, this rule also adds the addresses of the authorized agencies in Taiwan responsible for issuing End-Use Certificates, and removes the previously listed office.

09/09/99
64 FR 48956
Correction to Editorial Clarifications and Revisions to the Export Administration Regulations
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On August 30, 1999 (64 FR 47104), the Bureau of Export Administration published an interim rule revising the Export Administration Regulations (EAR) by making certain editorial revisions and clarifications. Instruction No. 16 of that regulation inadvertently removed Firearms Controls from ECCN 0A984.

This regulation amends the Commerce Control List (CCL) by revising ECCN 0A984 to include Firearms Controls for the entire entry.

09/01/99
64 FR 47666
Exports and Reexports of Commercial Charges and Devices Containing Energetic Materials
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The Bureau of Export Administration (BXA) maintains the Commerce Control List (CCL), which identifies those items subject to the Department of Commerce export controls. This interim rule amends the CCL by revising and clarifying controls on certain commercial charges and devices containing energetic materials commonly usedin mining and oil well development as well as in air bags and fire extinguishers and also certain pyrotechnic/explosive devices, of the type commonly used by the U.S. motion picture and television industry.

08/30/99
64 FR 47104
Editorial Clarifications and Revisions to the Export Administration Regulations
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This rule amends the Export Administration Regulations (EAR) by making certain editorial revisions and clarifications to simplify portions of the EAR and correct typographical errors.

08/03/99
64 FR 42009
Revision of High Performance Computer Licensing Policy
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On August 3, 1999, the Bureau of Export Administration (BXA) amended the Export Administration Regulations (EAR) by raising the performance parameters for those computers which can be exported and reexported under License Exception CTP. The upper threshold of the Composite Theoretical Performance (CTP) parameter for Computer Tier 2 countries is raised from 10,000 millions of theoretical operations per second (MTOPS) to 20,000 MTOPS. The upper threshold for Computer Tier 3 countries is raised from 7,000 MTOPS to 12,300 MTOPS for civilian end-users and end-uses. For military end-users and end-uses in Computer Tier 3 destinations the CTP parameter remains at 2,000 MTOPS for the immediate future. The upper parameter for military end-users and end-uses to Computer Tier 3 countries will be raised from 2,000 MTOPS to 6,500 MTOPS on the same date the threshold for advance notification for high performance computers (HPC) exports to Tier 3 countries is raised from 2,000 MTOPS to 6,500 MTOPS. The threshold for advance notification for exports of HPCs to Tier 3 countries is raised to 6,500 MTOPS, effective approximately 180 days following the submission of a statutorily mandated report to Congress. The President sent this report to Congress on July 26, 1999. In addition, the following countries are moved from Computer Tier 2 to Computer Tier 1: Brazil, the Czech Republic, Hungary, and Poland.

07/23/99
64 FR 40106
Revisions to the Export Administration Regulations; Commerce Control List: Revision to Categories 1, 2, 3, 4, 5, 6, 7, and 9 Based on Wassenaar Arrangement Review
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The Bureau of Export Administration (BXA) maintains the Commerce Control List (CCL), which identifies those items subject toDepartment of Commerce export controls. This final rule revises certain entries controlled for national security reasons in Categories 1, 2, 3, 4, 5, 6, 7, and 9 to conform with changes in the Wassenaar Arrangement's List of Dual-Use Goods and Technologies maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods andTechnologies (Wassenaar Arrangement). The Wassenaar Arrangement controls strategic items with the objective of improving regional and international security and stability.

07/08/99
64 FR 36779
Expansion of License Exception CIV Eligibility for "Microprocessors" Controlled by ECCN 3A001
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The Bureau of Export Administration (BXA) maintains the Commerce Control List (CCL), which identifies those items subject toDepartment of Commerce export licensing requirements. Consistent with technological changes, this interim rule adjusts the License Exception CIV eligibility level for microprocessors controlled by Export Control Classification Number (ECCN) 3A001 from a composite theoretical performance (CTP) of equal to or less than 1200 million theoretical operations per second (MTOPS) to a CTP of equal to or less than 1900 MTOPS. License Exception CIV is available for exports and reexports to civil end-users for civil end-uses in Country Group D:1.

BXA will continue review of the technical levels for microprocessors and will adjust levels in the future, as needed, to account for changes in technology.

05/28/99
64 FR 28909
Entity List: Addition of Entities located in the People's Republic of China; and Correction to Spelling of One Indian Entity Name
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On May 18, 1999, the Bureau of Export Administration published an interim rule (64 FR 27138) implementing the export control provisions of the Chemicals Weapons convention. This rule corrects inadvertent errors that appeared in the May 18 rule.

05/28/99
64 FR 28908
Corrections to Revisions to the Export Administration Regulations
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On May 18, 1999, the Bureau of Export Administration published an interim rule (64 FR 27138) implementing the export control provisions of the Chemicals Weapons convention. This rule corrects inadvertent errors that appeared in the May 18 rule.

05/28/99
64 FR 28907
Addition of Macau to the Export Administration Regualtions
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The Bureau of Export Administration (BXA) is amending the Export Administration Regulations (EAR) in preparation of the return of the Portuguese Colony of Macau (Macau) to the sovereignty of the People's Republic of China (PRC) on December 20, 1999. This final rule adds Macau as a separate destination on the Commerce Country Chart for export licensing purposes.

05/18/99
64 FR 27138
Implementation of the Chemical Weapons Convention; Revisions to the Export Administration Regulations
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On May 18, 1999, the Bureau of Export Administration published an interim rule (64 FR 27138) that implements the provisions of the Chemical Weapons Convention (or Convention) that affect exports and reexports of Schedule 1 chemicals and exports of Schedule 2 and Schedule 3 chemicals to countries that are not party to the Convention (non-States Parties) by amending the Export Administration Regulations (EAR). Specifically, this rule adds a requirement for U.S. persons to obtain an End-Use Certificate for exports of certain chemicals to those countries that are not party to the Convention, and submit a copy of that certificate to the Department of Commerce. This rule also adds licensing requirements for technology for the production of certain Schedule 2 and Schedule 3 chemicals subject to the Export Administration Regulations, and creates an advance notification and annual report requirement for all exports of Schedule 1 chemicals. To facilitate verification measures by the Organization for the Prohibition on Chemical Weapons (OPCW), this rule modifies an existing License Exception to permit the release of technology to the OPCW during inspections of chemical facilities in the United States and to permit the export or reexport of equipment for use in inspections in countries party to the Convention.

05/13/99
64 FR 25807
Exports to Cuba
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On May 13, 1999, the Bureau of Export Administration published a final rule (64 FR ) implementing a part of the January 5, 1999, Presidential initiative to enhance the United States' support of the Cuban people to promote a transition to democracy. This final rule authorizes the issuance of licenses for exports of food and certain agricultural commodities sold to individuals and independent non-governmental entities in Cuba.

05/04/99
64 FR 24018
Exports to Serbia
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In his address to the nation on March 24, 1999, President Clinton announced that the Armed Forces of the United States had joined those of our NATO allies in air strikes against Serbian forces responsible for brutal attacks on ethnic Albanians in the province of Kosovo. This rule imposes a license requirement for exports and reexports to Serbia of all items subject to theExport Administration Regulations (EAR).

04/13/99
64 FR 17968
Exports of Firearms
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On April 18, 1998, President Clinton announced at the Santiago Summit in Chile that the United States would promulgate regulations based on the Organization ofAmerican States (OAS) Model Regulations for the Control of the International Movement of Firearms, their Parts and Components and Ammunition (referred to asthe "OAS Model Regulations"). The Bureau of Export Administration (BXA) is revising the Export Administration Regulations (EAR) to implement export controlmeasures agreed to by members of the OAS and set forth in the OAS Model Regulations. The OAS Model Regulations were developed to assist OAS membercountries in implementing the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other RelatedMaterials (Firearms Convention). OAS member countries agreed to impose an import and export license requirement to effectively combat the illicit manufacturing ofand trafficking in firearms, ammunition, explosives, and other related materials. Though the Firearms Convention has yet to enter into force, most OAS membercountries, including the United States, are taking actions in advance of the Convention's entry into force based on the OAS agreed Model Regulations to control theflow of firearms items because of their links to such activities as drug trafficking, terrorism, transnational organized crime, and mercenary and other criminal activities.

03/26/99
64 FR 14605
Entity List: Addition of Russian Entities; and Revisions to Certain Indian and Pakistani Entities
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The Bureau of Export Administration (BXA) is amending the Export Administration Regulations (EAR) by removing commercial communications satellites and related items from the Commerce Control List (CCL) and retransferring these items to the United States Munitions List (USML). This regulation shall not apply to any export license issued by the Department of Commerce before March 15, 1999, or to any export license application filed under the Export Administration Regulations on or before March 14, 1999, and subsequently issued by the Department of Commerce.

03/18/99
64 FR 13338
Removal of Commercial Communications Satellites and Related Items from the Department of Commerce's Commerce Control List for Retransfer to the Department of State's United States Munitions List
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The Bureau of Export Administration (BXA) is amending the Export Administration Regulations (EAR) by removing commercial communications satellites and related items from the Commerce Control List (CCL) and retransferring these items to the United States Munitions List (USML). This regulation shall not apply to any export license issued by the Department of Commerce before March 15, 1999, or to any export license application filed under the Export Administration Regulations on or before March 14, 1999, and subsequently issued by the Department of Commerce.

03/15/99
64 FR 12744
Correction to Revisions and Clarifications to the Export Administration Regulations; Commerce Control List
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This regulation amends two Export Control Classification Numbers (4D001 and 4E001) of the Commerce Control Listby correcting two inadvertent typographic errors in the Clarification regulation which appeared in the Federal Register onMarch 5, 1999 (64 FR 10852).

03/05/99
64 FR 10852
Revisions and Clarifications to the Export Administration Regulations; Commerce Control List
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On January 15, 1998, the Bureau of Export Administration (BXA) published an interim rule (63 FR 2452) that implemented the Wassenaar Arrangement list ofdual-use items and reporting requirements under the Wassenaar Arrangement. The interim rule revised the Commerce Control List by making revisions to implementthe Wassenaar Arrangement. This rule amends the Commerce Control List by making certain revisions and clarifications and, in some cases, inserts materialinadvertently omitted from the January 15 interim rule.

02/08/99
64 FR 5931
Revisions to the Commerce Control List: Changes in Missile Technology Controls
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The Bureau of Export Administration (BXA) maintains the Commerce Control List (CCL), which identifiesthose items subject to Department of Commerce export controls. This interim rule amends the CCL by revising anumber of items subject to control for missile technology reasons. These changes to the CCL are the result ofthe decisions taken by the Missile Technology Control Regime (MTCR), in November 1997.
The changes made by this rule are intended to conform the list of missile technology related items controlled bythe United States to the list agreed and adopted by the countries participating in the MTCR.

01/21/99
64 FR 3213
Correction to Encryption Items
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On December 31, 1998, (63 FR 72156) the Bureau of Export Administration published an interim rule revising the Export Administration Regulations (EAR) to streamline U.S. controls for exports and reexports of encryption commodities and software. This revision implemented the Administration�s September 1998 policy initiative for exports and reexports of encryption commodities and software to U.S. subsidiaries, insurance companies, health and medical end-users, on-line merchants and foreign commercial firms.
This regulation amends the EAR by making correcting three inadvertent typographic errors in the Encryption Items regulation which appeared in the Federal Register on December 31, 1998.

01/14/99
64 FR 2429
Exports of High Performance Computers Under License Exception CTP
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The Bureau of Export Administration (BXA) is amending the Export Administration Regulations by revising therequirements for exports of high performance computers to the People's Republic of China. This rule requiresthat exports of high performance computers, regardless of value, to the People's Republic of China under LicenseException CTP be supported by a PRC End-User Certificate. The PRC End-User Certificate must be obtained by the exporter prior to export. In addition, this rule also removes the $5,000 End-User Certification exemption for license applications for exports of high performance computers to the People's Republic of China.

01/07/99
64 FR 1120
Revisions to the Export Administration Regulations; Exports and Reexports to Specially Designated Terrorists and Foreign Terrorist Organizations
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This interim rule amends the end-user and end-use control policy of the Export Administration Regulations (EAR) to impose new foreign policy controls on exports and certain reexports to persons identified as Specially Designated Terrorists or Foreign Terrorist Organizations and listed in the Appendices to 31 CFR Chapter V published by the Department of the Treasury, Office of Foreign Assets Control (OFAC). (The term "person" includes individuals as well as entities or other organizations.)
Specifically, this rule creates a new �744.10 and �744.11 that set forth the license requirements for exports and certain reexports of items subject to the EAR to these persons. To avoid duplication, the Bureau of Export Administration (BXA) will not require a separate license when the Office of Foreign Assets Control has authorized an export or reexport to a Specially Designated Terrorist.

12/31/98
63 FR 72156
Encryption Items
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This interim rule amends the Export Administration Regulations (EAR) for exports and reexports of encryption commodities and software to U.S. subsidiaries, insurance companies, health and medical end-users, on-line merchants and foreign commercial firms. This rule implements the Administration�s initiative to update it's encryption policy, and will streamline U.S. encryption export and reexport controls.

12/29/98
63 FR 71580
Expansion of License Exception CIV Eligibility for "Microprocessors" Controlled by ECCN 3A001
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The Bureau of Export Administration (BXA) maintains the Commerce Control List (CCL), which identifies those items subject to Department of Commerce export licensing requirements. Consistent with technological changes, this interim rule adjusts the License Exception CIV eligibility level for microprocessors controlled by Export Control Classification Number (ECCN) 3A001 from a composite theoretical performance (CTP) of equal to or less than 500 million theoretical operations per second (MTOPS) to a CTP of equal to or less than 1200 MTOPS. License Exception CIV is available for exports and reexports to civil end-users for civil end-uses in Country Group D:1.
BXA will continue to review the technical levels for microprocessors

11/27/98
63 FR 65552
Correction to: India and Pakistan Sanctions and Other Measures
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On November 19, 1998, (63 FR 64322) the Bureau of Export Administration published an interim rule revising the Export Administration Regulations (EAR) to codify sanctions against India and Pakistan by setting forth a licensing policy of denial for exports and reexports of items controlled for nuclear nonproliferation and missile technology reasons to India and Pakistan, with limited exceptions. This licensing policy was adopted in practice in existing regulations in June 1998. This rule also contained certain discretionary measures. BXA added to the Entities List set forth in the EAR certain Indian and Pakistani government, parastatal, and private entities determined to be involved in nuclear or missile activities. In addition, Indian and Pakistani military entities were added to the Entity List in order to supplement the sanctions. BXA adopted a licensing policy of a presumption of denial with respect to items specifically listed on the Commerce Control List to listed Indian and Pakistani military entities, with limited exceptions.
This document corrects an inadvertent error in codification related to the Entity List, specifically the entity Wah Munitions Plant.

11/19/98
63 FR 64322
India and Pakistan Sanctions and Other Measures
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In accordance with section 102(b) of the Arms Export Control Act, President Clinton reported to the Congress on May 13th with regard to India and May 30th with regard to Pakistan his determinations that those non-nuclear weapon states had each detonated a nuclear explosive device. The President directed that the relevant agencies and instrumentalities of the United States take the necessary actions to impose the sanctions described in section 102 (b)(2) of that Act.
The Bureau of Export Administration (BXA) is taking a number of sanctions measures consistent with the President�s directive. Consistent with the provisions of section 102(b)(2)(G) of the Arms Export Control Act, BXA is revising the Export Administration Regulations (EAR) to codify sanctions against India and Pakistan by setting forth a licensing policy of denial for exports and reexports of items controlled for nuclear nonproliferation and missile technology reasons to India and Pakistan, with limited exceptions. This licensing policy was adopted in practice in existing regulations in June 1998. This rule also contains certain discretionary measures that are being taken. BXA is adding to the Entities List set forth in the EAR certain Indian and Pakistani government, parastatal, and private entities determined to be involved in nuclear or missile activities. In addition, Indian and Pakistani military entities are added to the Entity List in order to supplement the sanctions. BXA is adopting a licensing policy of a presumption of denial with respect to items specifically listed on the Commerce Control List to listed Indian and Pakistani military entities, with limited exceptions.
This rule will increase the number of license applications submitted for India and Pakistan.

11/12/98
63 FR 63141
Exports of High Performance Computers; Post-shipment Verification Reporting Procedures
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The National Defense Authorization Act (NDAA) for Fiscal Year 1998 contained provisions regarding exports and reexports of high performance computers. The NDAA established requirements for advance notification of exports and reexports of high performance computers and post-shipment verifications of such exports. On February 3, 1998, BXA published in the Federal Register a rule amending the EAR to implement these provisions (63 FR 5448). This rule revises the post-shipment verification reporting procedures.
To address the volume of post-shipment verifications (PSVs) generated by the NDAA on high performance computer exports, BXA�s Export Enforcement has created the High Performance Computer (HPC) Team. This rule directs PSV report submission to the HPC team. Rather than submit PSV reports within 30 days of export, as was previously required, exporters may now submit the reports no later than the last day of the month following the month in which the export took place. As part of the commodity description, reports must specify model number, serial number, and composite theoretical performance (CTP) in millions of theoretical operations per second (MTOPS) for each item. Exporters may no longer submit reports by facsimile.

10/14/98
63 FR 55017
Clarification of Reporting Requirements under the Wassenaar Arrangement
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On January 15, 1998, the Bureau of Export Administration (BXA) published an interim rule implementing the Wassenaar Arrangement list of dual-use items and reporting requirements under the Wassenaar Arrangement. On February 17, 1998, BXA published an interim final rule that conformed the savings clause date for shipments of items removed from eligibility for export or reexport under a particular License Exception authorization or the designator NLR until April 15, 1998. The February 17 rule did not affect the reporting requirement provisions and any item removed from License Exception or NLR eligibility as a result of the January 15 rule continues to be subject to the reporting requirements of the Wassenaar Arrangement. This interim rule provides further clarification on the savings clause provisions and the reporting requirements under the Wassenaar Arrangement. Specifically, this rule clarifies:

1. The reporting requirement obligations of items described on the Wassenaar Arrangements Annex 1 (Sensitive List) and Annex 2 (Very Sensitive List) of the List of Dual-Use Goods and Technologies, including clarification on the timing of the first report in accordance with the savings clause provision;
2. The reporting requirements for computers controlled under Export Control Classification Number (ECCN) 4A003.b;
3. The reporting requirement procedures under License Exception TSR; and
4. That the reporting requirement provisions do not apply to reexports, release of technology or source code to foreign nationals in the United States (i.e., "deemed exports" to foreign nationals), or to items not controlled for National Security (NS) reasons.

10/13/98
63 FR 54638
Request for Comments on Effects of Foreign Policy-Based Export Controls
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The Bureau of Export Administration (BXA) is reviewing the foreign policy-based export controls in the Export Administration Regulations to determine whether they should be modified, rescinded or extended. To help make these determinations, BXA is seeking comments on how existing foreign policy-based export controls have affected exporters and the general public.
Under the provisions of section 6 of the Export Administration Act of 1979, as amended (EAA), foreign policy controls expire one year after imposition unless they are extended. The EAA requires a report to Congress whenever foreign policy-based export controls are extended. Although the EAA expired on August 20, 1994, the President, invoking the International Emergency Powers Act (IEEPA), continued in effect the export control system in place under the provisions of the Act and the Export Administration Regulations, to the extent permitted by law (Executive Order 12924 of August 19, 1994 and Notices of August 15, 1995, August 14, 1996, August 13, 1997, and August 13, 1998). The Department of Commerce, insofar as appropriate, is following the provisions of section 6 in reviewing foreign policy-based export controls and requesting comments on such controls. Foreign Policy controls need to be extended in January 1999.

09/22/98
63 FR 50516
Encryption Items
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This interim rule amends the Export Administration Regulations (EAR) by clarifying controls on the export and reexport of encryption items (EI) controlled for �EI� reasons on the Commerce Control List. This rule incorporates public comments on an interim rule published in the Federal Register on December 30, 1996, and implements new licensing policies for general purpose non-recoverable non-voice encryption commodities or software of any key length for distribution to banks and financial institutions in specified countries.

09/16/98
63 FR 49425
Establishment of 24-Month Validity Period for Certain Reexport Authorizations and Revocation of Other Authorizations
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The Bureau of Export Administration is amending the Export Administration Regulations (15 CFR parts 730-774) by issuing General Order No. 1 establishing a 24-month validity period for all reexport authorizations that do not contain any license validity period and revoking those that have been in effect for more than 24 months.

04/10/98
63 FR 45698
Revisions to the Export Administration Regulations; Shipper�s Export Declaration requirements for exports valued less than $2,500
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To further the Bureau of Export Administration�s efforts in harmonizing the Export Administration Regulations (EAR) with the Bureau of the Census Foreign Trade Statistics Regulations, this final rule amends the EAR by revising the Shipper�s Export Declaration (SED) provisions to expand the country scope of the $2,500 exemption for filing an SED with the Bureau of the Census. This final rule also clarifies that the Harmonized Tariff Schedule number may be used in lieu of the Schedule B number on the Shipper�s Export Declaration. This final rule will not significantly affect the paperwork burden on U.S. industry.

04/10/98
63 FR 45697
Shipper's Export Declaration Requirements for Exports Valued at Less Than $2,500
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To further the Bureau of the Census' efforts in harmonizing the Foreign Trade Statistics Regulations (FTSR) with the Bureau of Export Administration's Export Administration Regulations (EAR), this final rule amends the FTSR by revising the Shipper's Export Declaration (SED) provisions to expand the country scope of the $2,500 exemption for filing an SED with the Bureau of the Census. The revisions contained in this document are consistent with concurrent revisions to the provisions of the Bureau of Export Administration's EAR. The Department of Treasury concurs with the provisions contained in this final rule.

08/07/98
63 FR 42225
Revisions to the Export Administration Regulations; Conforming Revisions to the Wassenaar Arrangement List of Dual-Use Items and Revisions to Antiterrorism Controls
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On January 15, 1998, the Bureau of Export Administration published an interim rule (63 FR 2452) implementing the Wassenaar Arrangement List of Dual-Use Items. Implementation of the Wassenaar List resulted in a number of changes to the Commerce Control List (CCL). The major changes involved the removal of national security controls on certain items, while maintaining controls on these items for antiterrorism reasons. Consistent with this revision, various antiterrorism Export Control Classification Numbers (ECCNs) were enlarged to accommodate the items removed from national security controls. An easy-to-follow pattern was developed to track the movement of these items. Items formerly classified as a XX001 entry, now default into a xx991 entry. In addition, the January 15 rule moved items from one ECCN into another, or merged two or more ECCNs together. This was done to simplify the CCL and place together items that fall within the same general category. For example, ECCN 9A992 (off- highway tractors) was merged with ECCN 9A993 (on-highway tractors) to form part of a new ECCN 9A990 that also includes diesel engines.
This rule amends the Export Administration Regulations (EAR) by making the necessary conforming revisions throughout the text of the EAR, consistent with the January 15 revisions to the CCL.

08/03/98
63 FR 41323
Corrections to: Additions to Entity List: Russian Entities
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In rule document 98-20272, beginning on page 40363, in the issue of Wednesday, July 29, 1998, make the following correction.
Sec. 744.10 [Corrected]
On page 40364, in the third column, in Sec. 744.10, under Supplement No. 4, in the 11th line, "Garfit" should read "Grafit".

07/29/98
63 FR 40363
Additions to Entity List: Russian Entities.
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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 contains a list of such entities. This rule adds to the entity list certain Russian entities under investigation by the Russian government for suspected export control violations involving weapons of mass destruction and missile technology. Exports or reexports of all items subject to the EAR to these newly added entities now require a license, and applications will be reviewed with a presumption of denial.

07/23/98
63 FR 39505
Correction to: Exports to the Federal Republic of Yugoslavia (Serbia and Montenegro); Imposition of Foreign Policy Controls
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This document corrects an inadvertent error in codification related to controls on the Federal Republic of Yugoslavia (Serbia and Montenegro). On page 37769, in the first column, under �746.9, correct the first line of paragraph (a) to read "(a) License requirements. (1) Scope. Under".

07/14/98
63 FR 37767
Exports to the Federal Republic of Yugoslavia (Serbia and Montenegro); Imposition of Foreign Policy Controls
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Reacting to the use of excessive force by Serbian police forces against civilians in Kosovo, as well as acts of violence by the Kosovar Albanian extremists and fulfilling United States obligations to implement an international arms embargo mandated by the United Nations Security Council, the United States has banned the sale and supply of arms and related mat�riel of all types to the Federal Republic of Yugoslavia (Serbia and Montenegro). To supplement the State Department controls on items on the U.S. Munitions List, the Bureau of Export Administration (BXA) is designating certain items on the Commerce Control List (CCL) that are subject to the arms embargo and establishing a policy of denial to the Federal Republic of Yugoslavia (Serbia and Montenegro) on such items. No embargoed items may be exported to the Federal Republic of Yugoslavia (Serbia and Montenegro) under any License Exception, including shipments of limited value (LVS).
In addition, this rule makes certain editorial revisions to the Export Administration Regulations relating to embargoes and other special controls.

06/19/98
63 FR 32123
Exports of Humanitarian Goods and Services to Cuba
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On March 20, 1998, the President announced three initiatives to increase the provision of humanitarian goods and services to Cuba. The Bureau of Export Administration (BXA) is streamlining procedures to facilitate the export of humanitarian goods consistent with recent legislation that provides support for the Cuban people.

04/10/98
63 FR 17814
Notice of General Order Prohibiting Exports of Unprocessed Timber From Certain Public Lands
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Section 602(b) of Title VI of Public Law No. 105-83 requires the Secretary of Commerce to issue an Order concerning the export of timber originating from non-Federal public lands in the western continental United States pursuant to the Forest Resources Conservation and Shortage Relief Act of 1990, as amended (16 U.S.C. 620 et seq.). This notice announces the Department's Order and publishes that Order as an appendix to this notice.

03/24/98
62 FR 14028
Revision to ECCN 1C350 (Mixtures): Removal of Solvent Free Basis Calculation Requirement and Trace Quantity Exemption
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Chemicals capable of being used as precursors for chemical weapons agents are controlled for export on the Commerce Control List under Export Control Classification Number 1C350. Note 2 of the License Requirement Notes section of ECCN 1C350 describes the three tier de minimisexemption for mixtures that contain these controlled chemicals. The de minimis exemption is based on the weight percentage (0%, 10%, and 25%) of these controlled chemicals within the mixture calculated on a "solvent free basis". This rule removes the requirement to calculate the weight percentage on a "solvent free basis." Therefore, the de minimis exemption for mixtures will now be based on the weight percentage of controlled chemicals calculated on the absolute (total) weight of the mixture.

The removal of the "solvent free basis" calculation requirement eliminates the necessity of the "trace quantity" exemption. The trace quantity exemption permitted exports of mixtures of concentrations of no more than 10,000 parts by weight per million of certain controlled chemicals. Therefore, the "trace quantity" exemption is removed.

02/17/98
63 FR 7699
Notice of Extension of the Wassenaar Arrangement
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The Bureau of Export Administration (BXA) is conforming the dates identified in the savings clause of the interim rule implementing the Wassenaar Arrangement published in the Federal Register on January 15, 1998 (63 FR 2452). Shipments of items removed from eligibility for export or reexport under a particular License Exception authorization or the designator NLR may now be exported or reexported under that License Exception authorization or designator until (and including) April 15, 1998. This action should minimize industry's concerns about implementing the new licensing requirement provisions of the interim rule by the original date of February 17, 1998. Note that this rule does not affect the reporting requirements of Section 743.1 of the Export Administration Regulations, and any item removed from License Exception or NLR eligibility as a result of the January 15 rule may be subject to reporting requirements. As this rule conforms the saving clause dates, the April 15 date concerning submission of license applications identifying the new Export Control Classification Numbers (ECCNs) as a result of revisions to the numbering and structure of certain entries on the Commerce Control List remains unchanged.

02/03/98
63 FR 5448
Exports of High Performance Computers under License Exception CTP
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The Bureau of Export Administration is amending the Export Administration Regulations (15 CFR parts 730-799) by revising the requirements for exports and reexports of high performance computers. This revision implements Sections 1211-1215 of the National Defense Authorization Act (NDAA) for fiscal year 1998 (P.L. 105-85, 111 Stat. 1629), signed by the President on November 18, 1997.

01/15/98
63 FR 2452 - 2555
Implementation of the Wassenaar Arrangement List of Dual-Use Items: Revisions to the Commerce Control List and Reporting under the Wassenaar Arrangement
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Representatives of thirty-three countries gave final approval July 12-13, 1996 in Vienna, Austria to establish the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual- Use Goods and Technologies. The thirty-three countries agreed to control all items in the List of Dual-Use Goods and Technologies with the objective of preventing unauthorized transfers. They further agreed on a target date of November 1, 1996, for implementation of the Wassenaar Lists.

The purpose of this interim rule is to make the changes to the Commerce Control List necessary to implement the Wassenaar List. In addition, this interim rule imposes new reporting requirements on persons that export certain items controlled under the Wassenaar Arrangement to non-member countries in order to fulfill the information exchange requirements of the Wassenaar Arrangement. The Department of Commerce, with other concerned agencies, is reviewing the Export Administration Regulations to determine whether further changes will be required to implement the information sharing provisions of the Wassenaar Arrangement and to make the necessary adjustments to existing country groups.

This rule also revises part 740 of the EAR by removing License Exception availability for certain items controlled for missile technology reasons.

10/29/97
62 FR 56138
Request for Comments on the Definition of "Specially Designed"
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The Bureau of Export Administration (BXA) is reviewing the use of the term "specially designed" as it pertains to items controlled on the Commerce Control List (CCL) in the Export Administration Regulations (EAR). BXA is considering developing a definition or definitions of that term that will meet the export control objectives of the regulations while increasing the utility of the regulations to the public. Comments must be received by December 29, 1997. For submission instructions see full text of notice.

10/08/97
62 FR 52514
Request for Comments on Effects of Foreign Policy-Based Export Controls
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The Bureau of Export Administration (BXA) is reviewing the foreign policy-based export controls in the Export Administration Regulations to determine whether they should be modified, rescinded or extended. To help make these determinations, BXA is seeking comments on how existing foreign policy-based export controls have affected exporters and the general public. Comments are due no later than November 7, 1997. See full text of notice for instructions for submitting comments.

10/01/97
62 FR 51369
Revision to Entity List: Bharat Electronics, Ltd.(aka Baharat Electronics, Ltd.), India
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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 contains a list of such entities. This rule amends the Entity List by revising the entry "Bharat Electronics LTD, (aka Baharat Electronics, Ltd.) located in India, for all items subject to the EAR". The entry will now read,"Bharat Electronics Limited (BEL) in Bangalore, India; and Bharat Electronics Limited (BEL) in Hyderabad, India; for all items subject to the EAR having a classification other than EAR99. In addition, exporters are reminded to follow "BXA's Know Your Customer Guidance and Red Flags", see Supplement No. 3 to part 732 of the EAR, with regard to specific end-use of any item subject to the EAR destined to any Bharat Electronics Limited located in India.

09/29/97
62 FR 50865
Satellite fuel, Ground Support Equipment, Test Equipment, Payload Adapter/Interface Hardware, and Replacement Parts for the Preceding Items, When Included with a Specific Commercial communications Satellite Launch
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This final rule amends the Commerce Control List of the Export Administration Regulations by revising the List of Items Controlled, of Export Control Classification Number (ECCN) 9A004, to provide that satellite fuel, ground support equipment, test equipment, payload adapter/interface hardware and replacement parts for the preceding items are subject to Commerce jurisdiction when they are included with a specific commercial communications satellite. This rule amends the interim final rule of October 21, 1996 (61 FR 54540) that transferred jurisdiction of all commercial communications satellites from the Department of State to the Department of Commerce.

08/05/97
62 FR 42047
Liberalization of Export Controls for Oscilloscopes (including certain transient recorders), Affected ECCNs: 3A202, 3A292, 3E001, 3E20, and 3E292
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The Bureau of Export Administration maintains the Commerce Control List (CCL, 15 CFR Part 774), which appears in the Export Administration Regulations (EAR). This rule revises the reason for control for oscilloscopes (including certain transient recorders) from NP Column 1 to NP Column 2, in the Commerce Country Chart (Supplement No. 1 to 15 CFR Part 738). In addition, revisions are made to NP Column 2 of the Commerce Country Chart, and Column [D:2] Nuclear of Country Group D, to reflect that Algeria, Andorra, Angola, Comoros, Djibouti, Micronesia, Oman, United Arab Emirates, and Vanuatu have signed the Nuclear Non-Proliferation Treaty. This revision will substantially reduce the paperwork burden on the public by decreasing the number of license applications exporters and reexporters are required to submit for oscilloscopes.

06/30/97
62 FR 35333
Revisions to the Export Administration Regulations:
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Additions to the Entity List 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 contains a list of such entities. This rule makes several additions to the entity list.

06/30/97
62 FR 35335
Revisions to the Export Administration Regulations: Additions to Entity List:
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National Development Centre, Pakistan; and Indian Rare Earths, Ltd., India 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 contains a list of such entities. This rule adds to the entity list: National Development Centre, Pakistan; and Indian Rare Earths, Ltd., India, and requires a license for exports or reexports of all items subject to the EAR for both entities.

06/09/97
62 FR 31473
Correction to Commerce Country Chart printed in Federal Register on February 12, 1997, cite 62 FR 6682
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On February 12, the Office of the Federal Register published a rule pertaining to the addition of South Korea to the Australia Group. In that rule, there were revisions made to the Commerce Country Chart (Supplement No. 1 to part 738). The Office of the Federal Register inadvertently left off an "X" from CC column 3 for the country of Moldova. BXA checked all other "X"s to make sure that they did not make any other errors. This correction notice corrects the mistake made by the Office of the Federal Register.

05/16/97
62 FR 26922
Revisions to the Export Administration Regulations: Addition of Bharat Electronics, Ltd.,(aka Baharat Electronics, Ltd.) India, to Entity List
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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 contains a list of such entities. This rule adds Bharat Electronics LTD,(aka Baharat Electronics, Ltd.) located in India, to the entity list, and requires a license for exports or reexports of all items subject to the EAR.

05/09/97
62 FR 25451
Revisions & Clarifications to the Export Administration Regulations
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On March 25, 1996, the Bureau of Export Administration (BXA) published an interim rule (61 FR 12714) that restructured and reorganized the Export Administration Regulations (EAR). The interim rule clarified the language of the EAR and simplified the application and made the export control regulatory regime more user friendly. This rule amends the EAR by making certain revisions and clarifications and, in some cases, inserts material inadvertently omitted from the March 25 interim rule.

03/03/97
62 FR 9364
Exports to Cuba; Support for the Cuban People
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On October 6, 1995, President Clinton announced several changes to the administration of the Cuban embargo intended to promote democratic change in Cuba. Accordingly, this final rule amends the Export Administration Regulations by introducing a licensing review policy for the approval, on a case-by-case basis, of certain exports to human rights organizations, news bureaus, and individuals and non-governmental organizations engaged in activities that promote democratic activity in Cuba.

02/12/97
62 FR 6682
Revisions to the Export Administration Regulations: Addition of the Republic of South Korea to Australia Group (AG), Clarification to the Sample Shipments Exemption in ECCN 1C350, and Correction to the Commerce Country Chart
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As of October 1996, the Republic of Korea (South Korea) is a member of the Australia Group (AG). Therefore, South Korea is to be treated as an AG member under U.S. regulations. This includes exemption from certain requirements under the Export Administration Regulations (EAR) for items controlled for Chemical/Biological weapons proliferation (CB) reasons.

In addition, this rule makes a clarification to the exemption for sample shipments in ECCN 1C350 and corrections to Supplement Number 1 to part 738, the Commerce Country Chart, CB Column 3 (Chemical and Biological Weapons), by removing the license requirement symbol "X" from Romania and South Africa, as this symbol was inadvertently included in previous regulations, and removing all the license requirement symbols "X" from the Iraq row and replacing them with the phrase that is common to all embargoed destinations, "See part 746 of the EAR to determine whether a license is required in order to export or reexport to this destination".

02/12/97
62 FR 6687
Revisions to the Commerce Control List: Exports of Mixtures Containing Trace Quantities of Precursor Chemicals; ECCNs 1C350 and 1C995
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The Bureau of Export Administration is amending the Commerce Control List (CCL) of the Export Administration Regulations (15 CFR parts 730-774) to simplify export controls on mixtures that contain relatively small amounts, "traces", of controlled precursor chemicals.

02/03/97
62 FR 4910
Entity List
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General Prohibition Five (�736.2(b)(5) of the EAR) prohibits exports to certain end-users or end-uses without a license. This final rule amends �744.1 to refer exporters to the newly added Supplement No. 4 to part 744 of the EAR, the Entity List, which informs exporters that a license is required for shipments to Ben Gurion University, Israel, of computers with a CTP between 2,000 and 7,000 Mtops.

12/30/96
61 FR 68572
Encryption Items Transferred From the U.S. Munitions List to the Commerce Control List
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This interim rule amends the Export Administration Regulations (EAR) by exercising jurisdiction over, and imposing new combined national security and foreign policy controls on, certain encryption items that were on the United States Munitions List, consistent with Executive Order 13026 and pursuant to the Presidential Memorandum of that date, both issued by President Clinton on November 15, 1996.

On October 1, 1996, the Administration announced a plan to make it easier for Americans to use stronger encryption products to protect their privacy, intellectual property and other valuable information. The plan envisions a worldwide key management infrastructure with the use of key escrow and key recovery encryption items to promote electronic commerce and secure communications while protecting national security and public safety. To provide for a transition period for the development of this key management infrastructure, this rule permits the export and reexport of 56-bit key length DES or equivalent strength encryption items under the authority of a License Exception, if an exporter makes satisfactory commitments to build and/or market recoverable encryption items and to help build the supporting international infrastructure. This policy will apply to hardware and software.

12/23/96
61 FR 67448
Revisions to the Export Administration Regulations: Computer Revisions
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On March 25, 1996, the Bureau of Export Administration (BXA) published an interim rule (61 FR 12714) that restructured and reorganized the Export Administration Regulations (EAR). The interim rule clarified the language of the EAR and simplified the application and made the export control regulatory regime more user friendly. This rule amends the EAR by making certain revisions and clarifications and in some cases, inserts material inadvertently omitted from the March 25 interim rule for the export and reexport of computers as described in the Commerce Control List and described by License Exception CTP. Among other revisions, this rule provides that "No License Required" (NLR) is available for the export and reexport of digital computers (other than those controlled for MT reasons) with a CTP of 2,000 Mtops or less, except to embargoed or terrorist-supporting destinations.

12/13/96
61 FR 65462
Licensing of Key Escrow Encryption Equipment and Software
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This interim final rule amends the Export Administration Regulations (EAR) by imposing national security controls on key escrow information security (encryption) equipment and software transferred from the U.S. Munitions List to the Commerce Control List following a commodity jurisdiction determination by the Department of State.

This interim final rule also amends the EAR to exclude key escrow items from the de minimis provisions for items exported from abroad and to exclude key escrow encryption software from mass market eligibility. Further, key escrow encryption software is subject to the EAR even when made publicly available.

12/04/96
61 FR 64272
Revisions to the Export Administration Regulations: License Exceptions
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This final rule revises the Export Administration Regulations (EAR) by reorganizing those License Exceptions that are referenced on the Commerce Control List. These License Exceptions had been bundled together in a single section, bearing a group symbol to be used for export clearance purposes. This rule splits the list-based License Exceptions into separate sections, each with its own clearance symbol. This rule makes conforming changes throughout the EAR. Finally, this rule makes corrections and clarifications to certain sections of the EAR affected by the changes to the License Exceptions.

11/05/96
61 FR 56942
Notice of General Order Prohibiting Exports of Unprocessed Timber from Certain Prohibited Lands
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Section 319 of Title III of Section 101(d) of Title I of Public Law 104-208 requires the Secretary of Commerce to issue an Order concerning the export of timber originating from non-Federal public lands in the western continental United States pursuant to the Forest Resources Conservation and Shortage Relief Act of 1990, as amended (16 U.S.C. 620 et seq. (1994) This notice announces the Department's Order and publishes that Order as an appendix to this notice.

10/29/96
61 F.R. 55740
Extension of Effective and Compliance Dates for Export Administration Simplification
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The Bureau of Export Administration (BXA) is providing notice that it is extending the validity period of the provisions of 15 CFR parts 768A through 779A, 785A through 791A, and 799A (the existing Export Administration Regulations) until December 30, 1996, and the mandatory compliance date of the interim rule published in the Federal Register on March 25, 1996 (61 FR 12714), until December 31, 1996. This is in response to industry's concerns about implementing the provisions of the interim rule (new regulations) by the original mandatory compliance date of November 1, 1996. These concerns arose mainly due to Commerce's determination to change the export clearance symbols for reporting exports of certain License Exceptions on the Shipper's Export Declaration.

10/21/96
61 F.R. 54540
Licensing of commercial communications satellites transferred from the U.S. Munitions List to the Commerce Control List; Expansion of national security and foreign policy controls on commercial communications satellites and hot section technology for the development, production or overhaul of commercial aircraft engines; Clarification of jurisdiction for developmental aircraft designed for civil use.
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This interim final rule amends parts 774 and 799A of the Export Administration Regulations (the Commerce Control List) by revising Export Control Classification Numbers (ECCNs) 9A04A and 9A004 to control all commercial communications satellites. This interim final rule also amends the Export Administration Regulations (EAR) by imposing enhanced national security and foreign policy controls on all commercial communications satellites controlled under ECCNs 9A04.a. and 9A004.a. and hot section technology for the development, production or overhaul of commercial aircraft engines controlled under ECCNs 9E03.a.1 through a.12, .f and related controls, and 9E003.a.1 through a.12., .f and related controls, to supplement the national security controls on those items. The provisions of this interim final rule apply for items transferred from the USML to the CCL and to license applications for those items received after the effective date of this rule.

This interim final rule also amends the EAR to exclude commercial communications satellites and hot section technology from the de minimis provisions for items and commingled technology exported from abroad, from the mandatory foreign availability decontrol or export licensing provisions of the EAR, and from Special Comprehensive License eligibility. Finally, this interim final rule also amends the licensing policy provisions of parts 742 and 776A of the EAR to reflect these new national security and foreign policy controls, providing for case-by-case review of applications for export and reexport to all destinations to determine if the export or reexport is consistent with U.S. national security and foreign policy interests.

Exporters are advised that license applications for commercial communications satellites controlled under ECCN 9A04.a. and 9A004.a., and hot section technology controlled under ECCN 9E03.a.1. through a.12 and .f, and related controls, and 9E003.a.1. through a.12 and .f, and related controls, will be subject to full interagency review in accordance with Executive Order 12981 of December 5, 1995 (60 FR 62981), as amended.

The EAR have been totally amended by an interim rule published on March 25, 1996 (61 FR 12714) that provides for a transition period within which exporters can take advantage of both the old rules and the new rules until November 1, 1996. Therefore, this interim final rule and all other amendments to the EAR during the transition period will amend both the new EAR and the old EAR, which are now designated with the letter "A" following the part number.

10/02/96
61 F.R. 51395
Request for Comments on Effects of Foreign Policy Based Export Controls
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The Bureau of Export Administration (BXA) is reviewing the foreign policy-based export controls in the Export Administration Regulations to determine whether they should be modified, rescinded or extended. To help make these determinations, BXA is seeking comments on how existing foreign policy-based export controls have affected exporters and the general public.

08/08/96
61 F.R. 41326
Biological Warfare Experts Group Mtg: Implementing changes to Export Administration Regulations; ECCNs 1C991, 1C61B, 1B71E, and 1C91F.
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The Bureau of Export Administration (BXA) maintains the Commerce Control List (CCL) as part of the Export Administration Regulations (EAR). This rule amends the CCL by revising Export Control Classification Numbers (ECCNs) 1C991, 1C61B, 1B71E, and 1C91F. The changes made by this rule are based on discussions in the Biological Warfare Experts Group (a subgroup of the Australia Group (AG)).

The consultations resulted in changes to the list of controlled items, including the following revisions to the names of certain microorganisms: changing Rickettsia quintana to Bartonella quintana (Rochalimea quintana, Rickettsia quintana), Pseudomonas mallei to Burkholderia mallei (Pseudomonas mallei), and Pseudomonas pseudomallei to Burkholderia pseudomallei (Pseudomonas pseudomallei). It was also agreed to place the former name in parentheses following the new name on the list in order to assist in appropriate identification for export control purposes.

This rule revises the note in the requirement section of ECCN 1C61B to exclude immunotoxins. A technical note added to ECCN 1C61B provides the definitions of "immunotoxin" and "subunit". Immunotoxins are therapeutics with no biological warfare application. Immunotoxins have been added to ECCN 1C91F and are eligible for export under the provisions of General License G-DEST to all destinations but those listed in Country Groups S, Z, and Iran. In addition, a technical note that adds the definition of "immunotoxin" has been added to ECCN 1C91F. This rule makes parallel changes to ECCN 1C991.

This rule also implements changes in the area of dual-use biological equipment. In ECCN 1B71E, "Equipment that can be used in the production of biological weapons", the capacity parameter for fermenters, within paragraph (b), is decreased from "equal to or greater than 300 liters" to "equal to or greater than 100 liters". This is done to expand export controls to capture smaller fermenters that can be used for biological warfare purposes.

Prior to this final rule, fermenters of the designated size were controlled only if they either contained "double or multiple sealing joints within the steam containment area" or were "capable of in-situ sterilization in a closed state." These two modifiers or limiting descriptors have been removed by this final rule.

This rule also makes a clarification to cross-flow filtration equipment (ECCN 1B71E paragraph (d)). Where the control language formerly stated "cross-flow filtration equipment designed for continuous separation...", this final rule controls "Cross-flow filtration equipment capable of continuous separation...".

Lastly, this rule expands controls on aerosol chambers within ECCN 1B71E paragraph (g). Where the control language used to state "Chambers designed for aerosol challenge testing with pathogenic microorganisms ...", it will now state "Chambers designed for aerosol challenge testing with microorganisms ...". The word "pathogenic" is removed to expand export controls to aerosol chambers not specifically designed for pathogenic microorganisms.

05/31/96
61 F.R. 27255
ANS crude, License Exception TAPS
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The Bureau of Export Administration is amending the short supply provisions of the Export Administration Regulations to modify the restrictions on exports of Alaskan North Slope crude oil and establish License Exception TAPS authorizing such exports, with certain conditions. License Exception TAPS is based on: 1) Public Law 104-58, which allows for the export of crude oil transported by pipeline over right-of-way granted pursuant to section 203 of the Trans-Alaska Pipeline Authorization Act(TAPS); 2) the President's April 28, 1996 determination that exports are in the national interest; and 3) the President's direction to the Secretary of Commerce to issue a License Exception with conditions for export of TAPS crude oil.

Published March 2006 - present || Published March 2001 - February 2006