Federal Register Notices 2012

rules

Published 2012

Rules published in other years: 2013 | 2011

Publication Date Federal Register Citation Title of Federal Register
12/07/12 77 FR 72917 Editorial Corrections to the Commerce Control List of the Export Administration Regulations
11/29/12 77 FR 71214 Revisions to the Export Administration Regulations (EAR) To Make the Commerce Control List (CCL) Clearer
11/29/12 77 FR 71097 Addition of Certain Persons to the Entity List
11/28/12 77 FR 70945 Revisions to the Export Administration Regulations (EAR): Control of Military Electronic Equipment and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
11/07/12 77 FR 66777 Proposed Rule: Time Limit for Completion of Voluntary Self-Disclosures and Revised Notice of the Institution of Administrative Enforcement Proceedings
10/09/12 77 FR 61249 Addition of Certain Persons to the Entity List
09/19/12 77 FR 58006 Addition of Certain Persons to the Entity List; Removal of Person From the Entity List Based on Removal Request; and Implementation of Entity List Annual Review Changes
07/23/12 77 FR 42973 Export and Reexport Controls to Rwanda and United Nations Sanctions Under the Export Administration Regulations
07/09/12 77 FR 40258 Amendment to Existing Validated End-User Authorizations: Hynix Semiconductor China Ltd., Hynix Semiconductor (Wuxi) Ltd., and Boeing Tianjin Composites Co. Ltd. in the People’s Republic of China
07/02/12 77 FR 39353 Wassenaar Arrangement 2011 Plenary Agreements Implementation: Commerce Control List, Definitions, New Participating State (Mexico) and Reports
07/02/12 77 FR 39162 Implementation of the Understandings Reached at the 2011 Australia Group (AG) Plenary Meeting and Other AG-Related Clarifications to the EAR
06/21/12 77 FR 37524 Proposed Revisions to the Export Administration Regulations: Implementation of Export Control Reform; Revisions to License Exceptions after Retrospective Review
06/19/12 77 FR 36419 Feasibility of Enumerating “Specially Designed” Components
06/19/12 77 FR 36409 “Specially Designed” Definition
06/13/12 77 FR 35310 Revisions to the Export Administration Regulations (EAR): Control of Military Training Equipment and Related Items the President Determines No Longer Warrants Control Under the United States Munitions List (USML)
06/07/12 77 FR 33688 Revisions to the Export Administration Regulations (EAR): Control of Personal Protective Equipment, Shelters, and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
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
05/14/12 77 FR 28250 Entity List Additions; Corrections
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)
04/27/12 77 FR 25055 Addition of Certain Persons to the Entity List
04/25/12 77 FR 24587 Addition of Certain Persons to the Entity List; and Implementation of Entity List Annual Review Changes
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
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
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)
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
02/22/12 77 FR 10357 Updated Statements of Legal Authority To Reflect Continuation of Emergency Declared in Executive Orders 12947 and 13224
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
01/09/12 77 FR 1017 Imposition of Export and Reexport License Requirement for Certain Microwave and Millimeter Wave Electronic Components

12/07/12
77 FR 72917

Editorial Corrections to the Commerce Control List of the Export Administration Regulations
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This final rule corrects reference and typographical errors in the Commerce Control List (CCL) in the Export Administration Regulations (EAR). The corrections are primarily editorial in nature and do not affect license requirements. A technical standard in ECCN 3A991 is revised. 


11/29/12
77 FR 71214

Revisions to the Export Administration Regulations (EAR) To Make the Commerce Control List (CCL) Clearer
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On December 9, 2010, the Bureau of Industry and Security (BIS) published an advance notice of proposed rulemaking entitled Commerce Control List: Revising Descriptions of Items and Foreign Availability as part of the President’s Export Control Reform (ECR) Initiative.  The December 9, 2010 notice sought, among other things, public comments on how descriptions of items controlled on the Commerce Control List (CCL) could be made clearer.  This proposed rule would implement changes identified by BIS and the public that would make the CCL clearer.  This rule would only implement changes that can be made to the CCL without requiring changes to multilateral export control regime guidelines or lists.  However, BIS has identified changes that would require a decision of a multilateral regime to implement.  For those changes, the U.S. Government is developing regime change proposals for consideration by members of those multilateral export control regimes.  BIS will implement those changes in separate rulemakings, if approved by the respective multilateral export control regimes. Comments must be received by BIS no later than January 28, 2013.


11/29/12
77 FR 71097

Addition of Certain Persons to the Entity List
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This rule amends the Export Administration Regulations (EAR) by adding two persons to the Entity List and revising one existing entry.  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 one destination.  The two entries added to the Entity List consist of two entries in Pakistan.  This rule is also revising one existing entry in the U.A.E. to clarify the scope of the entry by providing an additional alias and alternate address for this listed person.  The Entity List notifies the public that certain exports, reexports, and transfers (in-country) of items subject to the EAR to entities identified on the Entity List require licenses from the Bureau of Industry and Security (BIS) and that in most instances license exceptions are unavailable for such transactions.  BIS usually applies a license review policy of denial because it considers such entities to present significant risks of diversion to weapons of mass destruction (WMD) programs, terrorism, or other activities that are contrary to U.S. national security or foreign policy interests. 


11/28/12
77 FR 70945

Revisions to the Export Administration Regulations (EAR): Control of Military Electronic Equipment and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
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This proposed rule describes how military electronics (Category XI) and certain cryogenic and superconductive equipment designed for installation in military vehicles and that can operate while in motion (Categories VI, VII, VIII, and XV) that the President determines no longer warrant control on the United States Munitions List would be added to the Commerce Control List.  It is being published simultaneously with a related State Department propose rule entitled Amendment to the International Traffic in Arms Regulations:  Revision of U.S. Munitions List Category XI and Definition for “Equipment.”  Comments on both rules are due on January 28, 2013.


11/07/12
77 FR 66777

Proposed Rule: Time Limit for Completion of Voluntary Self-Disclosures and Revised Notice of the Institution of Administrative Enforcement Proceedings
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This proposed rule would require persons voluntarily disclosing violations of the Export Administration Regulations to submit the required final narrative account so that BIS receives that account within 180 days of BIS’ receipt of the initial disclosure.  The Office of Export Enforcement Director may grant an extension.  It would authorize using delivery services other than registered or certified mail for providing notice of issuance of a charging letter and would  remove the phrase “if delivery is refused” from a provision for determining the date of service of such notice based on an attempted delivery to the respondent’s last known address.  Comments on this proposed rule must be received by BIS no later than January 7, 2013.


10/09/12
77 FR 61249

Addition of Certain Persons to the Entity List
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This rule amends the Export Administration Regulations (EAR) by adding one hundred and sixty-four persons under one hundred and sixty-five 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 twelve destinations.  These additions to the Entity List consist of one person under Belize; thirteen persons under Canada; two persons under Cyprus; one person under Estonia; eleven persons under Finland; five persons under Germany; one person under Greece; two persons under Hong Kong; one person under Kazakhstan; one hundred and nineteen persons under Russia; two persons under Sweden; and seven persons under the United Kingdom, including six persons located in the British Virgin Islands. 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.


09/19/12
77 FR 58006

Addition of Certain Persons to the Entity List; Removal of Person From the Entity List Based on Removal Request; and Implementation of Entity List Annual Review Changes
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This rule amends the Export Administration Regulations (EAR) by adding six persons under eight entries to the Entity List under Iran and the United Arab Emirates (U.A.E.).  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.  This 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 EAR, and further review conducted by the End-User Review Committee (ERC).  Lastly, this rule amends the Entity List on the basis of the annual review conducted by the ERC.  The ERC conducts annual reviews to determine if any entries on the Entity List should be removed or modified.  This rule reflects the results of the annual review of entities located in Belarus, Canada, the People’s Republic of China (China), Egypt, Germany, Hong Kong, Ireland, Israel, Kuwait, Lebanon, Malaysia, Pakistan, Singapore, South Africa, Taiwan, and the United Kingdom.  On the basis of the annual review, this rule removes fourteen entries, adds three entries, and amends thirty-six other entries.  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.


07/23/12
77 FR 42973

Export and Reexport Controls to Rwanda and United Nations Sanctions Under the Export Administration Regulations
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In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement United Nations Security Council Resolution (UNSCR) 1823 (2008), which, among other things, terminated sanctions against Rwanda concerning ‘‘arms and related materiel’’ imposed in 1994 pursuant to UNSCR 918. This rule includes conforming changes in the EAR related to the termination of the United Nations embargo on ‘‘arms and related materiel’’ against Rwanda, including the removal of machetes from the Commerce Control List (CCL). Further, BIS amends Part 746 (Embargoes and Other Special Controls) of the EAR to require a license to export or reexport certain items to countries subject to United Nations Security Council arms embargoes. A presumptive denial policy will apply to applications to export or reexport items that are controlled for UN reasons and that would contravene a United Nations Security Council arms embargo.


07/09/12
77 FR 40258

Amendment to Existing Validated End-User Authorizations: Hynix Semiconductor China Ltd., Hynix Semiconductor (Wuxi) Ltd., and Boeing Tianjin Composites Co. Ltd. in the People’s Republic of China
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In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing Authorization Validated End-User (VEU) listings for three VEUs in the People’s Republic of China (PRC).  Specifically, BIS amends the EAR to change the names of existing VEUs Hynix Semiconductor China Ltd. and Hynix Semiconductor (Wuxi) Ltd. and their respective “Eligible destinations” in the PRC.  Also, BIS amends the list of “Eligible items (by ECCN)” that may be exported, reexported and transferred (in-country) to the approved facility of VEU Boeing Tianjin Composites Co. Ltd.  (BTC) in the PRC.  These changes are prompted by factors arising from the companies’ normal course of business, and are not the result of any activities of concern by the companies.


07/02/12
77 FR 39353

Wassenaar Arrangement 2011 Plenary Agreements Implementation: Commerce Control List, Definitions, New Participating State (Mexico) and Reports
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This final rule revises 44 Export Control Classification Numbers (ECCNs) on the Commerce Control List (CCL) to implement changes made to the Wassenaar Arrangement’s List of Dual-Use Goods and Technologies (Wassenaar List) maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement, or WA) at the December 2011 WA Plenary Meeting (the Plenary).  This rule also raises the Adjusted Peak Performance (APP) parameter for high performance computers.  In addition, this rule also raises the APP eligibility level for deemed exports of computers in License Exception APP, as well as the parameters for deemed exports of microprocessor cores in License Exception CIV of ECCN 3E002. This final rule also revises the CCL and definitions of terms used in the EAR to implement changes to the WA list that pertain to low light level (LLL) items that were agreed upon by the WA in December 2007 through 2011 at the Wassenaar Arrangement Plenary Meetings.  Additionally, this rule adds Mexico as the 41st Participating State in the list of WA members in the EAR.


07/02/12
77 FR 39162

Implementation of the Understandings Reached at the 2011 Australia Group (AG) Plenary Meeting and Other AG-Related Clarifications to the EAR
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This rule amends the Export Administration Regulations (EAR) to implement the understandings reached at the June 2011 plenary meeting of the Australia Group (AG).  Specifically, this final rule amends Export Control Classification Numbers (ECCNs) 1C351 and 1C353 on the Commerce Control List (CCL) to reflect changes that were made to the AG “List of Biological Agents for Export Control.”  This rule also amends ECCNs 2B350 and 2B352 to reflect changes that were made to the AG “Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology and Software” and the AG “Control List of Dual-Use Biological Equipment and Related Technology and Software,” respectively.  In addition, this rule makes AG-related changes to ECCNs 2B350 and 2B352 by amending these ECCNs to clarify the controls described therein to indicate certain control parameters for pumps and steam sterilizable freeze-drying equipment, respectively, in units of measure more commonly used in the United States.


06/21/12
77 FR 37524

Proposed Revisions to the Export Administration Regulations: Implementation of Export Control Reform; Revisions to License Exceptions after Retrospective Review
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This proposed rule would describe procedures for transitioning from State to Commerce export licenses for items that the President determines no longer warrant control on the United States Munitions List.  It also would revise certain Export Administration Regulations license exceptions to more closely align them with exemptions in the International Traffic in Arms Regulations. This proposed rule also would eliminate the $2,500 threshold under which certain license exception transaction need not be reported in the Automated Export System for items currently on the Commerce Control List as well as items that would be added to the Commerce Control List as part of the President’s export control initiative.  The comment period for this proposed rule closes August 6, 2012.


06/19/12
77 FR 36419

Feasibility of Enumerating “Specially Designed” Components
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As part of the President’s Export Control Reform (ECR) Initiative, this Advanced Notice of Proposed Rulemaking (ANPRM) requests comments on the feasibility of positively identifying “specially designed” “components” on the Commerce Control List (CCL) so as to decrease the use of the term, which appears extensively throughout the CCL, and thereby facilitate enhanced public compliance with the Export Administration Regulations.  Specifically, the Bureau of Industry and Security (BIS) is evaluating whether it is feasible to create exhaustive lists of the “specially designed” “components” referred to in certain Export Control Classification Numbers on the CCL that currently use “specially designed” catch-all paragraphs, and seeks public input to assist in this evaluation.  If BIS ultimately determines that such lists might be beneficial, it intends to submit these findings to the appropriate multilateral export control regimes in the normal course of list proposal changes. The request for comments in this ANPR is part of Commerce’s retrospective plan under EO 13563 completed in August 2011. Commerce’s full plan can be accessed at: http://open.commerce.gov/news/2011/08/23/commerce-plan-retrospective-analysis-existing-rules.  Comments must be received by BIS no later than September 17, 2012.


06/19/12
77 FR 36409

“Specially Designed” Definition
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As part of the President’s Export Control Reform (ECR) Initiative, this proposed rule, and a separate proposed rule from the Department of State, Directorate of Defense Trade Controls, being published in conjunction with this document, sets forth, as much as possible, a common definition of the term “specially designed” for use in the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). The term “specially designed” is used widely in the Commerce Control List (CCL) and would play an important role in the “600 series” that the Bureau of Industry and Security (BIS) has  proposed to create to control less sensitive defense articles transferred from the United States Munitions List (USML) to the Commerce Control List (CCL). The revisions in this rule are part of Commerce’s retrospective plan under EO 13563 completed in August 2011. Commerce’s full plan can be accessed at: http://open.commerce.gov/news/2011/08/23/commerce-plan-retrospective-analysis-existing-rules. Comments must be received by BIS no later than August 3, 2012.


06/13/12
77 FR 35310

Revisions to the Export Administration Regulations (EAR): Control of Military Training Equipment and Related Items the President Determines No Longer Warrants Control Under the United States Munitions List (USML)
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This proposed rule describes how certain military training equipment and related articles currently enumerated in Category IX of the United States Munitions List (USML) that the President determines no longer warrant control on the USML would be controlled on the Commerce Control List. The comment period closes on July 30, 2012.


06/07/12
77 FR 33688

Revisions to the Export Administration Regulations (EAR): Control of Personal Protective Equipment, Shelters, and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
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This proposed rule describes how articles the President determines no longer warrant export control under Category X (Protective Personnel Equipment and Shelters) of the United States Munitions List (USML), would be controlled under the Commerce Control List (CCL) in new Export Control Classification Numbers (ECCNs) 1A613, 1B613, 1D613, and 1E613. In conjunction with establishing these new ECCNs, this proposed rule would control military helmets (currently controlled under ECCNs 0A018 and 0A988) under new ECCN 1A613 and amend ECCN 1A005 for body armor.  This proposed rule also would remove machetes from ECCN 0A988. This is one in a planned series of proposed rules describing how various types of articles the President determines, as part of the Administration’s Export Control Reform Initiative, no longer warrant USML control, would be controlled on the CCL and by the EAR.  This proposed rule is being published in conjunction with a proposed rule of the Department of State, Directorate of Defense Trade Controls (DDTC), which would amend the list of articles controlled by USML Category X in the International Traffic in Arms Regulations (ITAR).


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.


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