Federal Register Notices 2015

Details
 
rules

Published 2015

Rules published in other years: 2014 | 2013 | 2012 |  2011 

Publication Date Federal Register Citation Title of Federal Register

5/22/15

80 FR 29530

Russian Sanctions:  Revisions and Clarifications for Licensing Policy for the Crimea Region of Ukraine (final rule)

5/22/15

80 FR 29554

Additional Improvements and Harmonization of Export Clearance Provisions (advanced notice of proposed rulemaking)

5/22/15

80 FR 29551

Revisions to the Export Administration Regulations (EAR):  Harmonization of the Destination Control Statements (proposed rule)

5/21/15

80 FR 29431

Wassenaar Arrangement 2014 Plenary Agreements Implementation and Country Policy Amendments  (final rule)
5/20/15

80 FR 28853 

Wassenaar Arrangement 2013 Plenary Agreements Implementation: Intrusion and Surveillance Items (proposed rule with request for comments)
5/05/15

80 FR 25798 

Revisions to the Export Administration Regulations (EAR): Control of Fire Control, Range Finder, Optical, and Guidance and Control Equipment the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
4/23/15

80 FR 22638 

Addition of Certain Persons to the Entity List
4/07/15

80 FR 18522

Revisions to the Export Administration Regulations Based on the 2014 Missile Technology Control Regime Plenary Agreements
3/13/15

80 FR 13210

Revisions to Support Document Requirements for License Applications under the Export Administration Regulations
3/5/15 80 FR 11863 BIS Rule - Amendment to Existing VEU Authorization in the PRC-Samsung China Semiconductor
3/2/15 80 FR 11315 Notice of Inquiry Request for Comments Regarding Controlss on Military Aircraft and Military Gas Turbine Engines
2/18/15 80 FR 8524 Addition of Certain Persons to the Entity List; and Removal of Person from the Entity List Based on Removal Request
2/18/15 80 FR 8520 Revisions to License Exception Availability for Consumer Communications Devices and Licensing Policy for Civil Telecommunications-Related Items Such as Infrastructure Regarding Sudan
2/18/15 80 FR 8519 Updated Statements of Legal Authority for the Export Administration Regulations To Include Presidential Notice of January 21, 2015  
1/29/15 80 FR 4779 Revisions to the Unverified List (UVL)
1/29/15 80 FR 4776 Russian Sanctions: Licensing Policy for the Crimea Region of Ukraine
1/23/15 80 FR 3463 U.S.-India Bilateral Understanding: Additional Revisions to the U. S. Export and Reexport Controls Under the Export Administration Regulations
1/16/15 80 FR 2286 BIS Cuba Rule as printed in FR 2015-00590

 


 

80 FR 29530
05/22/15

Russian Sanctions:  Revisions and Clarifications for Licensing Policy for the Crimea Region of Ukraine

PDF Format

This final rule amends the Export Administration Regulations (EAR) to facilitate Internet-based communications with persons in the Crimea region of Ukraine.  This final rule allows exports or reexports without a license to the Crimea region of Ukraine of software that is necessary to enable the exchange of personal communications over the Internet, provided that such software is designated EAR99, or is classified as mass market software under Export Control Classification Number (ECCN) 5D992.c of the EAR, and provided further that such software is widely available to the public at no cost to the user.  This final rule is being published simultaneously with the Department of the Treasury’s Office of Foreign Assets Control (OFAC) issuance of General License No. 9, which authorizes the export or reexport from the United States or by U.S. persons to the Crimea region of Ukraine of certain services and software incident to the exchange of personal communications over the Internet.  This action is consistent with the U.S. Government’s policy to promote personal communications between the people in Crimea and the outside world. Lastly, this final rule makes clarifications to the EAR with respect to the addition of the Crimea region of Ukraine provisions in a final rule published on January, 29, 2015, to the EAR.

 


 

80 FR 29554
05/22/15

Additional Improvements and Harmonization of Export Clearance Provisions

PDF Format

The Bureau of Industry and Security (BIS) in this advanced notice of proposed rulemaking (ANPR) requests comments for how the export clearance requirements under the Export Administration Regulations (EAR) can be improved, including how the EAR export clearance provisions can be better harmonized with the export clearance requirements under the International Traffic in Arms Regulations (ITAR). This ANPR is part of Commerce’s retrospective regulatory review and ongoing harmonization efforts being undertaken by Commerce and State as part of Export Control Reform (ECR) implementation. This ANPR is also part of Commerce’s retrospective regulatory review plan under Executive Order (EO) 13563. The Bureau of Industry and Security will accept comments on this advanced notice of proposed rulemaking until July 6, 2015.

 


 

80 FR 29551
05/22/15

Revisions to the Export Administration Regulations (EAR): Harmonization of the Destination Control Statements

BIS RULE PDF Format

STATE DEPARTMENT RULE PDF Format

This proposed rule would revise the destination control statement in § 758.6 of the Export Administration Regulations (EAR) to harmonize the statement required for the export of items subject to the EAR with the destination control statement in § 123.9(b)(1) of the International Traffic in Arms Regulations (ITAR). This proposed rule is published in conjunction with the publication of a Department of State, Directorate of Defense Trade Controls proposed rule revising § 123.9(b)(1) of the ITAR. Both proposed rules being published today by the Departments of Commerce and State are part of the President’s Export Control Reform Initiative. This proposed rule is also part of Commerce’s retrospective regulatory review plan under Executive Order (E.O.) 13563 (see the SUPPLEMENTARY INFORMATION for availability of the plan). The Bureau of Industry and Security will accept comments on this proposed rule until July 6, 2015.

 


 

80 FR 29431
05/21/15

Wassenaar Arrangement 2014 Plenary Agreements Implementation and Country Policy Amendments
PDF
 Format

This final rule amends the Commerce Control List of the Export Administration Regulations by implementing the changes agreed to by the Wassenaar Arrangement (WA) at the 2014 Plenary by revising 42 Export Control Classification Numbers (ECCNs), adding one ECCN and removing one ECCN, as well as amending the General Technology Note, WA reporting requirements, adding seven (7) definitions and revising six (6) definitions in the EAR. This rule also revises 3 ECCNs to add License Exception CIV eligibility for Anisotropic plasma dry etching equipment and related software and technology for the development and production of this equipment, as a result of BIS’ foreign availability assessment. Lastly, Country Group A column 1, the Coordinating Committee (CoCom) member countries, is replaced with the successor national security export regime the WA Participating States. In addition, the second national security column and the second regional stability column of the Commerce Country Chart are amended to harmonize with each other, as well as make changes based on the risk of diversion to unauthorized end user, end uses or destinations.

 


 

80 FR 28853
05/20/15

Wassenaar Arrangement 2013 Plenary Agreements Implementation: Intrusion and Surveillance Items (proposed rule with request for comments)
PDF
 Format

The Bureau of Industry and Security (BIS) proposes to implement the agreements by the Wassenaar Arrangement (WA) at the Plenary meeting in December 2013 with regard to systems, equipment or components specially designed for the generation, operation or delivery of, or communication with, intrusion software; software specially designed or modified for the development or production of such systems, equipment or components; software specially designed for the generation, operation or delivery of, or communication with, intrusion software; technology required for the development of intrusion software; Internet Protocol (IP) network communications surveillance systems or equipment and test, inspection, production equipment, specially designed components therefor, and development and production software and technology therefor. BIS proposes a license requirement for the export, reexport, or transfer (in-country) of these cybersecurity items to all destinations, except Canada. Although these cybersecurity capabilities were not previously designated for export control, many of these items have been controlled for their "information security" functionality, including encryption and cryptanalysis. This rule thus continues applicable Encryption Items (EI) registration and review requirements, while setting forth proposed license review policies and special submission requirements to address the new cybersecurity controls, including submission of a letter of explanation with regard to the technical capabilities of the cybersecurity items. BIS also proposes to add the definition of "intrusion software" to the definition section of the EAR pursuant to the WA 2013 agreements. The comments are due Monday, July 20, 2015.

 


80 FR 25798
05/05/2015

BIS RULE PDF Format

STATE DEPARTMENT RULE PDF Format

Revisions to the Export Administration Regulations (EAR): Control of Fire Control, Range Finder, Optical, and Guidance and Control Equipment the President Determines No Longer Warrant Control Under the United States Munitions List (USML)

This proposed rule describes how articles the President determines no longer warrant control under Category XII (Fire Control, Range Finder, Optical and Guidance and Control Equipment) of the United States Munitions List (USML) of the International Traffic in Arms Regulations (ITAR) would be controlled under the Commerce Control List (CCL) by creating new "600 series" Export Control Classification Numbers (ECCN)s 6A615, 6B615 and 6D615 for military fire control, range finder, and optical items, by revising ECCN 7A611 and by creating new ECCNs 7B611, 7C611 and 7E611 for military optical and guidance items. In addition, for certain night vision items currently subject to the Export Administration Regulations (EAR), this rule proposes to expand the scope of control, eliminate the use of some license exceptions, and create new ECCNs for certain software and technology related to night vision items. This proposed rule would also expand the scope of end-use restrictions on certain exports and reexports of certain cameras, systems, or equipment and expand the scope of military commodities described in ECCN 0A919.


 

04/23/15

80 FR 22638

Addition of Certain Persons to the Entity List
PDF Format

This rule amends the Export Administration Regulations (EAR) to add eight persons under nine entries to the Entity List. The eight 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 eight persons will be listed on the Entity List under the destinations of China, Iran, Taiwan, and Turkey. There are nine entries for the eight persons because one person is listed in two locations, resulting in an additional entry. Specifically, the additional entry covers one person that will be listed on the Entity List under the destination of Iran and Turkey.

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4/07/15

80 FR 18522

Revisions to the Export Administration Regulations Based on the 2014 Missile Technology Control Regime Plenary Agreements
PDF Format

This rule amends the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the September and October 2014 Plenary in Oslo, Norway, and pursuant to the 2014 Technical Experts Meeting in Prague, Czech Republic. This rule also makes conforming changes to correlate the Commerce Control List (CCL) (Supplement No. 1 to Part 774 of the EAR) with the current MTCR Annex. This final rule revises six Export Control Classification Numbers (ECCNs) to implement the changes that were agreed to at the meetings and to better align the MT controls on the CCL with the MTCR Annex.

 


 

 

3/13/2015

80 FR 13210

Revisions to Support Document Requirements for License Applications under the Export Administration Regulations
PDF Format

This rule finalizes changes to the support document requirements for license applications submitted to the Bureau of Industry and Security (BIS) and is part of BIS’s retrospective regulatory review under Executive Order 13563. In addition to clarifying and streamlining the support document requirements for license applications in part 748 of the Export Administration Regulations (EAR), this final rule removes the requirement to obtain an International Import Certificate or Delivery Verification in connection with a license application and limits the requirement to obtain a Statement by Ultimate Consignee and Purchaser to exports, reexports, and transfers (in-country) of 600 Series Major Defense Equipment. Revisions to the EAR affecting BIS’s participation in issuing documents for the Import Certificate and Delivery Verification system for imports into the United States will be addressed in a future final rule, as will potential substantive changes to information collections under the Paperwork Reduction Act.

 


 

 

3/5/2015

80 FR 11863

Amendments to Existing Validated End-User Authorization in the People’s Republic of China: Samsung China Semiconductor Co. Ltd.
PDF Format

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing authorization for Validated End User Samsung China Semiconductor Co. Ltd. (Samsung China) in the People’s Republic of China (PRC). Specifically, BIS amends Supplement No. 7 to Part 748 of the EAR to add two items to Samsung China’s eligible items that may be exported, reexported or transferred (in country) to the company’s eligible facilities (also known as "eligible destinations") in the PRC.

 


 

 

80 FR 11315
3/2/15

Notice of Inquiry: Request for Comments Regarding Controls on Military Aircraft and Military Gas Turbine Engines on the Commerce Control List
PDF Format
State Department Notice

The Bureau of Industry and Security and the Directorate of Defense Trade Controls are each seeking public comment on the implementation of export control reform with respect to military aircraft and military gas turbine engines (USML Categories VIII and XIX and ECCNs 9A610, 9B610, 9C610, 9D610 and 9E610 (aircraft and related items) and 9A619, 9B619, 9C619, 9D619 and 9E619 (gas turbine engines and related items). Comments are due no later than May 1, 2015.

 


 

80 FR 8524
2/18/15

Addition of Certain Persons to the Entity List; and Removal of Person from the Entity List Based on Removal Request
PDF Format

This rule amends the Export Administration Regulations (EAR) by adding eleven persons to the Entity List. The eleven 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 eleven persons will be listed on the Entity List under the destinations of People's Republic of China (China), Pakistan, and United Arab Emirates (U.A.E.). This final rule also removes one person from the Entity List, as the result of a request for removal submitted by the person, a review of information provided in the removal request in accordance with the procedure for requesting removal or modification of an Entity List entity, and further review conducted by the End-User Review Committee (ERC).

 

 


 

 

80 FR 8520
2/18/15

Revisions to License Exception Availability for Consumer Communications Devices and Licensing Policy for Civil Telecommunications-Related Items Such as Infrastructure Regarding Sudan
PDF Format

This rule makes Sudan an eligible destination for License Exception Consumer Communications Devices (CCD) and revises license application review policy for certain telecommunications items from a general policy of denial to one of case-by-case review. BIS is publishing this rule in conjunction with a Department of the Treasury, Office of Foreign Assets Control rule amending the Sudanese Sanctions Regulations by adding a general license pertaining to certain software, hardware, and services incident to personal communications.

Treasury Department Rule

 


 

80 FR 8519
2/18/15

Updated Statements of Legal Authority for the Export Administration Regulations To Include Presidential Notice of January 21, 2015 
PDF Format

This rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite a Presidential notice of January 21, 2015 that extended an emergency declared pursuant to the International Emergency Economic Powers Act. This is a procedural rule that only updates authority paragraphs of the EAR. It does not alter any right, obligation or prohibition that applies to any person under the EAR.

 


 

80 FR 4779
1/29/15

Revision to the Unverified List (UVL)
PDF Format

This final rule amends the Export Administration Regulations (EAR) by adding fourteen (14) persons, removing one person, and updating the addresses of other persons listed on the Unverified List (the ''Unverified List'' or UVL). The 14 persons are being added to the UVL on the basis that BIS could not verify their bona fides because an end-use check could not be completed satisfactorily for reasons outside the U.S. Government's control. One person is removed from the UVL based on BIS's ability to verify that person's bona fides through the successful completion of an end-use check. Also, new addresses are added for two listed persons on the UVL.

 


 

80 FR 4776
1/29/15

Russian Sanctions: Licensing Policy for the Crimea Region of Ukraine
PDF Format

The Bureau of Industry and Security (BIS) issues this final rule to amend the Export Administration Regulations (EAR) to impose additional sanctions that implement U.S. policy toward Russia. Specifically, in this rule BIS amends the EAR by imposing a license requirement for the export and reexport to the Crimea region of Ukraine, and the transfer within the Crimea region of Ukraine, of all items subject to the EAR, other than food and medicine designated as EAR99. The rule establishes a presumption of denial for all such exports or reexports to the Crimea region of Ukraine and transfers within the Crimea region of Ukraine, except with respect to items authorized under the Department of the Treasury’s Office of Foreign Assets Control (OFAC) General License No. 4, which BIS will review on a case-by-case basis. This action is consistent with the goals and objectives of Executive Order 13685 of December 19, 2014.

 


 

80 FR 3463
1/23/15

U.S.-India Bilateral Understanding: Additional Revisions to the U. S. Export and Reexport Controls Under the Export Administration Regulations
PDF Format

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to further implement the bilateral understanding between the United States and India announced by President Obama and India's Prime Minister Singh on November 8, 2010. On January 25, 2011, BIS published the first rule in a series of rules to implement the bilateral understanding between the two countries. These rules fulfill the President's and Prime Minister's commitment to work together to strengthen the global nonproliferation and export control framework and further transform our bilateral export control cooperation to realize the full potential of the strategic partnership between the two countries. Specifically, in this rule, to further implement the November 8, 2010 bilateral understanding, BIS removes license requirements for certain items controlled for crime control and regional stability reasons to India. BIS also makes conforming changes in this rule. 

 


 

80 FR 2286
1/16/15

BIS Cuba Rule as printed in FR 2015-00590
PDF Format
PDF Format OFAC Rule

This rule revises License Exception GFT to remove the license requirement for consolidated shipments of gift parcels that would not require a license if shipped separately. It makes commercial sales of certain consumer communications devices eligible for License Exception by removing the donation requirement from that license exception. It creates a new License Exception – Support for the Cuban People (SCP) that authorizes certain exports and reexports to improve living conditions, promote independent economic activity, strengthen civil society and improve the free flow of information to, from and among the Cuban people. Lastly this rule revises licensing policy to provide case by case consideration for items for environmental protection of U.S. and international air quality, waters and coastlines. This rule was published simultaneously with a Department of the Treasury, Office of Foreign Assets Control.This rule will add to the Commerce Control List certain energetic materials, personal protective equipment, shelters, military training equipment, articles related to launch vehicles, missiles,rockets, military explosives, and related items that the President has determined no longer warrant control on the United States Munitions List (USML). The rule was published simultaneously with a Department of State rule that will revise the categories on the USML that currently cover these items. Both rules will become effective on July 1, 2014.

 


A service of the U.S. Government Printing Office.
Questions or comments.

Revisions to Support Document Requirements for License Applications under the Export Administration Regulations
3/13/15 (80 FR 13210)