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12/24/09
74 FR 68370
Updated Statements of Legal Authority to Reflect Continuation of Emergency Declared in Executive Order 12938 and Changes to the United States Code
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This rule updates nine EAR authority citation paragraphs to reflect 1) the continuation of the declaration of emergency regarding weapons of mass destruction first declared under Executive Order 12938 and 2) a technical change to the United States Code (USC) that transferred provisions regarding export of horses by sea from one USC title to another. This rule makes no change to the text of the EAR and does not create, remove or alter any right, duty or obligation of any person with respect to the EAR.
12/23/09
74 FR 68147
Authorization Validated End-User: Amendment to Existing Validated End-User Authorizations in the People’s Republic of China (PRC) and India
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This rule suspends the availability of Authorization Validated End User (VEU) to one entity in the People's Republic of China and one entity in India. Authorization VEU allows the export, reexport or transfer (in country) of certain items to specified civil end-users via a general authorization rather than multiple individual licenses.
12/23/09
74 FR 68146
Removal of Entry From the Entity List: Person Removed Based on Removal Request
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The rule removes one person from the Entity List based on a request for removal. The Entity List is a list of individuals and organizations for whom certain exports or reexports require a license from BIS. The rule and itrs preamble, identify the person removed and the reason for the removal. The list is published as Supplement No. 4 to part 744 of the Export Administration Regulations (15 C.F.R. part 744, Supp. No. 4).
12/23/09
74 FR 68142
Amendments to the Export Administration Regulations (EAR) Based upon the Accession of Albania and Croatia to Formal Membership in the North Atlantic Treaty Organization (NATO)
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This rule amends the Export Administration Regulations (EAR) to reflect the accession of Albania and Croatia to formal membership in the North Atlantic Treaty Organization (NATO) on April 1, 2009. Consistent with the EAR license requirements and licensing policies that apply to members of NATO, this final rule amends the EAR to remove certain crime control (CC), national security (NS), and regional stability (RS) license requirements for these two countries. The extent to which these license requirements are affected is described, in detail, in the rule, itself.
12/11/09
74 FR 66000
Wassenaar Arrangement 2008 Plenary Agreements Implementation: Categories 1, 2, 3, 4, 5 Parts I and II, 6, 7, 8 and 9 of the Commerce Control List, Definitions, Reports
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This rule revises the EAR by amending certain entries that are controlled for national security reasons in Categories 1, 2, 3, 4, 5 Part I (telecommunications), 5 Part II (information security), 6, 7, 8, and 9; adding new entries to the CCL, revising reporting requirements and adding and amending EAR Definitions to implement Wassenaar List revisions that were agreed upon in the December 2008 Wassenaar Arrangement Plenary Meeting. This rule also adds or expands unilateral U.S. export controls and national security export controls on certain items to make them consistent with the amendments made to implement the Wassenaar Arrangement's decisions. The Wassenaar Agreements that pertain to ECCNs 6A002, 6A003, and all related ECCNs will be implemented in a separate rule, because of the sensitivity of the items and complexity of procedures and controls for these items.
12/10/09
74 FR 65661
Implementation of the Wassenaar Arrangement's (WA) Task Force on Editorial Issues (TFEI) Revisions
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The Wassenaar Arrangement (WA) Task Force on Editorial Issues (TFEI) made revisions, editorial in nature, to clarify, remove extraneous text or correct text that appears in Export Control Classification Numbers (ECCNs) on the Commerce Control List of the Export Administration Regulations. The TFEI revisions (over 2,000) were agreed upon by the WA in December 2007. The WA implementation rules for 2007 and 2008 contain only the TFEI revisions that coincided with the revisions to ECCNs affected by the 2007 and 2008 WA agreements. This rule implements the remaining TFEI revisions.
12/04/09
74 FR 63685
Issuance of Electronic Document and Related Recordkeeping Requirements
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This proposed rule would allow BIS to discontinue issuing paper copies of most export and reexport licenses, notices of denial of license applications, notices of return of a license application without action, classification results, License Exception AGR notification results and encryption review request results. It also would make changes to recordkeeping requirements related to the discontinuance of these paper documents. Comments are due by February 2, 2010.
11/09/09
74 FR 57581
Revisions to the Export Administration Regulations based on the 2008 Missile Technology Control Regime Plenary Additions
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This final rule amends the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were accepted by MTCR member countries at the November 2008 Plenary in Canberra, Australia. In addition, this rule also clarifies certain EAR controls to properly reflect the intent of changes to items that were previously accepted by MTCR members at past MTCR Plenary meetings.
10/15/09
74 FR 52880
Encryption Simplification Rule: Final
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The Bureau of Industry and Security (BIS) published the interim final rule entitled “ Encryption Simplification” on October 3, 2008 (73 FR 57495). This rule finalizes that rule, corrects errors published in the October 3, 2008 interim final rule, and resolves inconsistencies in that rule identified by the public.
09/21/09
74 FR 48009
Updated Statements of Legal Authority for the Export Administration Regulations
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Since the expiration of the Export Administration Act in August 2001, parts 730 – 744 and 746 – 774 of the Export Administration Regulations have been continued in force pursuant to Executive Order 13222 and the annual notices continuing the emergency declared in that executive order. This rule revises the authority citation paragraphs of the affected EAR parts to cite the President’s notice of August 13, 2009, the most recent such notice.
09/08/09
74 FR 45990
Revisions to Certain End-User Controls under the Export Administration Regulations; Clarification Regarding License Requirements for Transfers (in-country) to Persons Listed on the Entity List
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This rule amends the Export Administration Regulations (EAR) by making revisions to three sections that are used by the United States Government as the basis for placing persons onto the Entity List. These three sections specified license requirements for exports and reexports to persons listed on the Entity List, however; the sections were silent regarding whether or not the scope of the licensing requirements included transfers (in-country). This rule adds transfers (in-country) to the scope of the license requirements under each of the three sections. As a result of adding transfers (in-country) to these three end-user controls, all of the end-use and end-user controls that are used as a regulatory basis for placing persons on the Entity List now specify that the scope of the license requirements includes exports, reexports, and transfers (in-country). The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to parties identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of License Exceptions in such transactions is limited.
09/08/09
74 FR 45985
Cuba: Revisions to Gift Parcel and Baggage Restrictions, Creation of License Exception for Donated Consumer Communications Devices and Expansion of Licensing Policy Regarding Telecommunications
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This rule relaxes certain restrictions on the content, frequency, eligible donees and value of gift parcels being sent to Cuba under License Exception GFT. It removes the 44 limit on personal baggage for most travelers. It creates a new license exception for donated consumer communications devices. Finally, this rule revises the scope of existing licensing policy regarding certain telecommunications links including satellite radio and satellite television services.
08/11/09
74 FR 40117
Revisions to the Commerce Control List to Update and Clarify Crime Control License Requirements
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This proposed rule is part of an on-going review of crime control license requirements. The rule would make some additions to, removals from and revisions to Commerce Control List entries that are subject to crime control license requirements. The comment period closes on September 25, 2009.
07/21/09
74 FR 35797
Addition and Removal of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States; Removal of Persons based on ERC Annual Review and Removal Requests; and Entry Modified for Purposes of Clarification
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This rule amends the Export Administration Regulations (EAR) by adding thirteen additional persons to the Entity List (Supplement No. 4 to Part 744) on the basis of Section 744.11 of the EAR. This rule also amends the EAR by removing three persons from the Entity List. BIS removes one of the three persons from the Entity List as a result of a determination made by the United States Government during the annual review of the Entity List conducted by the End-User Review Committee (ERC). The two remaining persons are removed from the Entity List in response to a request for removal. The Entity List provides notice to the public that certain exports and reexports to parties identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of License Exceptions in such transactions is limited.
07/06/09
74 FR 31850
Implementation of the 2008 Australia Group (AG) Intersessional Decisions; 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 2008 Australia Group (AG) intersessional decisions by revising Export Control Classification Number (ECCN) 2B350.g on the Commerce Control List (CCL) to control valves (including casings or preformed casing liners therefor) made from certain ceramic materials, by revising ECCN 2B351 to clarify that it controls certain types of dedicated detecting components for toxic gas monitoring systems, and by adding a new ECCN 2D351 to control dedicated software for toxic gas monitoring systems and their dedicated detecting components controlled under ECCN 2B351. This rule also amends the EAR to update the list of States Parties to the Chemical Weapons Convention (CWC) in Supplement No. 2 to Part 745 of the EAR by adding “Bahamas,” “Dominican Republic,” “Iraq,” and “Lebanon,” which recently became States Parties to the CWC.
07/02/09
74 FR 31620
Authorization Validated End-User (VEU): List of Approved End-Users and Respective Eligible Items for India
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This final rule amends Supplement No. 7 to Part 748 of the EAR to identify a company, with eligible facilities, in India as a VEU and to identify the items that may be exported, reexported or transferred to it and its approved facilities under Authorization VEU. This new entry is for GE India. Supplement 7 to Part 748 identifies the specific Export Control Classification Numbers (ECCNs) and facilities. The ECCNs in the Supplement define the materials, material and aerospace technologies, and explosive detection equipment, software and technology matched to the respective GE India facility names and addresses. In a final rule published in the Federal Register on October 1, 2007, (72 FR 56010, October 1, 2007), BIS identified India as a eligible destination under Authorization VEU.
05/22/09
74 FR 23941
Revisions to License Requirements and License Exception Eligibility for Certain Thermal Imaging Cameras and Foreign Made Military Commodities Incorporating Such Cameras
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This rule also removes Commerce Control List (CCL) based export and reexport license requirements with respect to 36 destinations for certain thermal imaging cameras when they are not incorporated into military commodities and if they are not being exported or reexported to be embedded in a civil product. It imposes a semi-annual reporting requirement on the transactions from which it removes the CCL based license requirements. This rule also imposes a license requirement on certain foreign made military commodities that incorporate certain thermal imaging cameras.
05/06/09
74 FR 20870
Removal of T 37 Jet Trainer Aircraft and Parts From the Commerce Control List
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This rule removes the T 37 jet trainer aircraft and parts from the Commerce Control List because they are subject to the export licensing jurisdiction of the Department of State, Directorate of Defense Trade Controls.
04/29/09
74 FR 19382
Additions and Revisions to the List of Approved End-Users and Respective Eligible Items for the People’s Republic of China (PRC) Under Authorization Validated End-User (VEU)
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In this final rule, the Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to add a name to the list of end-users for the People's Republic of China (PRC) approved to receive exports, reexports and transfers of certain items under Authorization Validated End-User (VEU). This rule also amends the EAR to add and revise eligible items and destinations for existing VEU authorizations. Specifically, this rule amended the EAR to authorize one additional VEU and identify its respective eligible items for export and reexport to the PRC. This rule also amended the authorizations of two pre-existing VEUs in the PRC. Finally, this rule makes a modification to the listed name of an existing VEU in the PRC. In a final rule published in the Federal Register on June 19, 20007, BIS revised and clarified U.S. export control policy for the PRC, establishing Authorization VEU and identifying the PRC as the initial eligible destination. In a final rule published in the Federal Register on October 19, 2007, BIS published the names of the first five validated end-users in the PRC that were approved to receive certain specified items under Authorization VEU.
03/18/09
74 FR 11472
Removal and Modification of Certain Entries from the Entity List: Person Removed or Modified Based on ERC Annual Review
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This rule amends the Export Administration Regulations (EAR) by removing two persons from the Entity List (Supplement No. 4 to Part 744). These persons are being removed from the Entity List because of determinations made by the United States Government during the annual review of the Entity List conducted by the End-User Review Committee (ERC). This rule also makes a clarification for two persons that were listed on the Entity List prior to this rule being published to revise the addresses provided for these listed persons. The Entity List provides notice to the public that certain exports and reexports to parties identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of License Exceptions in such transactions is limited.
02/24/09
74 FR 8182
Removal and Modification of Certain Entries from the Entity List: Person Removed Based on Removal Request and Clarification of Certain Entries
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This final rule amends the Export Administration Regulations (EAR) by removing a person from the Entity List (Supplement No. 4 to Part 744). This person is being removed from the Entity List because the End-User Review Committee (ERC) decided to approve this person’s request for removal from the Entity List. This rule also makes a clarification for two persons that were listed on the Entity List prior to this rule being published to revise the addresses provided for these listed persons. The Entity List provides notice to the public that certain exports and reexports to parties identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of License Exceptions in such transactions is limited.
01/15/09
74 FR 2355
License Requirements Policy for Iran and for Certain Weapons of Mass Destruction Proliferators
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This rule creates new license requirements for certain reexports to Iran and for exports and reexports to parties designated by the Department of the Treasury, Office of Foreign Assets Control pursuant to Executive Order 13382 as proliferators of weapons of mass destruction or their supporters. The rule also make other changes to the EAR that clarify license requirements and prohibitions with respect to Iran.
01/08/09
74 FR 770
Burma: Revision of Restrictions on Exports, Reexports and Transfers to Persons Whose Property and Interests in Property Are Blocked Pursuant to Executive Orders
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In response to the Government of Burma's continued repression of the democratic opposition in Burma, and consistent with Executive Order 13047 of May 20, 1997, Executive Order 13310 of July 28, 2003, Executive Order 13448 of October 18, 2007, and the Trade Sanctions Reform and Export Enhancement Act (Title IX of Pub. L. 106-387), the Bureau of Industry and Security (BIS) previously amended the Export Administration Regulations (EAR) on October 24, 2007 to impose a license requirement for most exports, reexports, or transfers of items subject to the EAR to persons whose property and interests in property are blocked pursuant to those Executive Orders. In light of the Government of Burma's continued repression of the democratic opposition in Burma and unwillingness to respond to the calls of the Burmese people for genuine dialogue that will lead to a democratic transition in Burma, this final rule amends the EAR to extend these existing licensing requirements to persons whose property and interests in property are blocked pursuant to Executive Order 13464 of April 30, 2008.
01/06/09
74 FR 413
Request for Public Comment on Foreign Produced Encryption Items That are made from U.S.-origin Encryption technology or software
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To determine the appropriate extent and scope of U.S. export controls on foreign products that are direct products of U.S. origin encryption technology or software, BIS is considering making subject to the Export Administration Regulations (EAR) all foreign items that would be controlled for Encryption Items (“EI”) reasons under the EAR (i.e., that would be classified under ECCN 5A002 or 5D002) if they are the direct product of U.S.-origin ECCN 5E002 technology or ECCN 5D002 software. BIS is seeking information regarding the impact this change would have on both U.S. exporters of encryption technology and software and foreign manufacturers of products that are derived in part or whole from U.S.-origin encryption technology or software. Comments are due March 9, 2009.