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05/18/12
77 FR 29564
Revisions to the Export Administration Regulations: Auxiliary and Miscellaneous Items that No Longer Warrant Control Under the United States Munitions List and Items on the Wassenaar Arrangement Munitions List
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In this rule, the Bureau of Industry and Security proposes how auxiliary and miscellaneous military equipment and related articles the President determines no longer warrant control under Category XIII (Auxiliary Military Equipment) of the United States Munitions List (USML) would be controlled under the Commerce Control List (CCL) in new Export Control Classification Numbers (ECCNs) 0A617, 0B617, 0C617, 0D617, and 0E617 as part of the proposed new “600 series” of ECCNs. This rule proposes also to integrate into those five new ECCNs items within the scope of Wassenaar Arrangement Munitions List (WAML) Category 17 that would be removed from the USML, or that are not specifically identified on the USML or CCL but that are currently subject to USML jurisdiction. Finally, this rule proposes to control some items now classified under ECCNs 0A018, 0A918 and 0E018 under new ECCNs 0A617 and 0E617. This action would consolidate the above-mentioned auxiliary and miscellaneous military equipment and related articles on the CCL in the proposed new “600 series.” This rule is one of a planned series proposing how various types of articles that the President determines, as part of the Administration’s Export Control Reform Initiative. This proposed rule was published in conjunction with a proposed rule from the Department of State, Directorate of Defense Trade Controls, which would amend the list of articles controlled by USML Category XIII.
05/14/12
77 FR 28250
Entity List Additions; Corrections
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This document corrects spelling errors in two final rules published by the Bureau of Industry and Security (BIS) amending the Export Administration Regulations (EAR) in April 2012. BIS published the first final rule in the Federal Register on Wednesday, April 18, 2012. That rule added three persons to the Entity List of the EAR (Supplement No. 1 to part 774). However, it misspelled the name and address for one of the persons added to the Entity List. This document corrects those errors. BIS published a second final rule in the Federal Register on Friday, April 27, which added sixteen persons under eighteen entries to the Entity List. That rule misspelled the city used in the address for three of the persons added to the Entity List. This document corrects that error. Lastly, this document removes a hyphen in the address for one of the persons added to the Entity List in the April 27 final rule, to clarify it is an address and not an alias for that person added to the Entity List.
05/02/12
77 FR 25932
Proposed Revisions to the Export Administration Regulations (EAR): Control of Energetic Materials and Related Articles the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
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This proposed rule describes how energetic materials and related items that the President determines no longer warrant control under Category V of the United States Munitions List (USML) would be controlled under the Commerce Control List (CCL) in new Export Control Classification Numbers (ECCNs) 1B608, 1C608, 1D608, and 1E608. Some USML Category V items that would be affected by this rule (i.e., aluminum powder and hydrazine and derivatives thereof) would be controlled under ECCN 1C111.a and .d, respectively. Equipment for the “production” of explosives and solid propellants, which is currently controlled under ECCN 1B018.a, and related “software,” which is currently controlled under ECCN 1D018, would be controlled under new ECCNs 1B608 and 1D608, respectively. In addition, items currently controlled under ECCN 1C018 (i.e., commercial charges and devices containing energetic materials) would be included in new ECCN 1C608, except for chlorine trifluoride (ClF3), which would be controlled under ECCN 1C111.a.3.f. The public comment period for this proposed rule will close on June 18, 2012. This rule was published in conjunction with a proposed rule of the Department of State, Directorate of Defense Trade Controls, that would amend the list of articles controlled by USML Category V.
04/27/12
77 FR 25055
Addition of Certain Persons to the Entity List
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This rule amends the Export Administration Regulations (EAR) by adding sixteen persons under eighteen entries to the Entity List. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed on the Entity List under the countries of Afghanistan, Pakistan and the United Arab Emirates (U.A.E.). The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to entities 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.
04/25/12
77 FR 24587
Addition of Certain Persons to the Entity List; and Implementation of Entity List Annual Review Changes
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This rule amends the Export Administration Regulations (EAR) by adding to the Entity List two persons who have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed on the Entity List under the country of France. This rule also amends the Entity List on the basis of the annual review of the Entity List conducted by the End-User Review Committee (ERC). The ERC conducts the annual review to determine if any entries on the Entity List should be removed or modified. This rule reflects the results of the ERC’s annual review of fifteen countries, i.e. Armenia, Belarus, Egypt, Germany, Iran, Ireland, Israel, Kuwait, Lebanon, Norway, Russia, South Korea, Syria, the United Arab Emirates (U.A.E.), and the United Kingdom (U.K.). As a result of these reviews, this rule makes amendments to the Entity List including: the removal of three entries (one each in Germany, South Korea, and the United Arab Emirates (U.A.E.)); the addition of four entities (one each in Canada, Egypt, France and the United Kingdom); and the amendments of seventeen entries to provide alternate addresses, alternate spellings of names, and/or aliases for listed persons. The amended entries are in Armenia, Germany, Iran, Lebanon, Syria, and the U.A.E. sections of the Entity List. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to entities 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.
04/18/12
77 FR 23114
Addition of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States
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This rule amends the Export Administration Regulations (EAR) by adding three persons to the Entity List. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed on the Entity List under the following two destinations: Canada and Jordan. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to entities identified on the Entity List require a license from the Bureau of Industry and Security and that availability of license exceptions in such transactions is limited.
04/17/12
77 FR 22689
Revisions to Authorization Validated End-User Provisions: Requirement for Notice of Export, Reexport, or Transfer (In-Country) and Clarification Regarding Termination of Conditions on VEU Authorizations
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In this rule, the Bureau of Industry and Security (BIS) proposes to amend the Export Administration Regulations (EAR) by adding a requirement for persons shipping under Authorization Validated End-User (VEU) to send written notice of such shipments to the recipient VEU. BIS further proposes to amend the EAR to clarify that when items subject to item specific conditions under Authorization VEU no longer require a license for export or reexport or become eligible for shipment under a license exception, as set forth in the EAR, VEUs are no longer bound by the conditions associated with such items.
04/13/12
77 FR 22191
Revisions to the Export Administration Regulations (EAR): Export Control Classification Number 0Y521 Series, Items Not Elsewhere Listed on the Commerce Control List (CCL)
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This rule amends the Export Administration Regulations (EAR) by establishing a new Export Control Classification Number (ECCN) series, 0Y521, on the Commerce Control List (CCL) and makes corresponding changes to the EAR. The ECCN 0Y521 series will be used for items that warrant control on the CCL but are not yet identified in an existing ECCN. The 0Y521 series was described in a proposed rule published on July 15, 2011 (76 FR 41958) that identified a framework for how articles, which the President determines, as part of the Administration’s Export Control Reform Initiative, no longer warrant control on the USML would be controlled under the CCL. BIS explained in the July 15, 2011 proposed rule that this new temporary holding classification is equivalent to United States Munitions List (USML) Category XXI (Miscellaneous Articles), but with a limitation, as described in the rule. Items will be added to the 0Y521 ECCNs by the Department of Commerce, with the concurrence of the Departments of Defense and State, when it identifies an item that should be controlled because it provides a significant military or intelligence advantage to the United States or because foreign policy reasons justify such control. The 0Y521 provisions were published in final form, with necessary corresponding changes, separate from the other July 15 rule proposals. Public comments on the other July 15 proposals remain under BIS review.
02/24/12
77 FR 10953
Amendment to Existing Validated End-User Authorizations for Applied Materials (China), Inc., Boeing Tianjin Composites Co. Ltd., CSMC Technologies Corporation, Lam Research Corporation, and Semiconductor Manufacturing International Corporation in the People’s Republic of China, and for GE India Industrial Pvt. Ltd. in India
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On February 24, 2012, the Federal Register published a BIS rule entitled, "Amendment to Existing Validated End-User Authorizations for Applied Materials (China), Inc., Boeing Tianjin Composites Co. Ltd., CSMC Technologies Corporation, Lam Research Corporation, and Semiconductor Manufacturing International Corporation in the People’s Republic of China, and for GE India Industrial Pvt. Ltd. in India".
02/22/12
77 FR 10357
Updated Statements of Legal Authority To Reflect Continuation of Emergency Declared in Executive Orders 12947 and 13224
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This rule updates the authority citations for parts 730 and 744 of EAR to include Presidential notices of September 21, 2011 and January 19, 2012. This is a purely administrative rule to keep authority citation paragraphs in the Code of Federal Regulations current. It does not alter any of the text of the EAR nor does it affect any rights, obligations or prohibitions that apply to any person under the EAR.
02/03/12
77 FR 5387
Amendment to the Export Administration Regulations: Addition of a Reference to a Provision of the Iran Sanctions Act of 1996 (ISA) and Statement of the Licensing Policy for Transactions Involving Persons Sanctioned Under the ISA
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In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to add a reference to the Iran Sanctions Act of 1996 (ISA) to the provision at Section 744.19, which states BIS’s licensing policy for export and reexport transactions that involve persons sanctioned pursuant to certain enumerated statutes. In this rule, BIS provides notice to the public that it has a general policy of denial for export and reexport license applications in which a person sanctioned by the State Department under the ISA is a party to the transaction. BIS also makes technical corrections to Section 744.19 to enhance clarity and consistency.
01/09/12
77 FR 1017
Imposition of Export and Reexport License Requirement for Certain Microwave and Millimeter Wave Electronic Components
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This rule imposes a license requirement on exports and reexports to all destinations, except Canada, of two types of microwave and millimeter wave electronic components. The two components are packaged high electron mobility transistors and packaged microwave "monolithic integrated circuits" power amplifiers that meet certain criteria with respect to frequency range, size and output power.