Published 2016
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12/27/16
81 FR 94971
Commerce Control List: Updates Based on the 2015 and 2016 Nuclear Suppliers Group (NSG) Plenary Meetings; Conforming Changes and Corrections to Certain Nuclear Nonproliferation (NP) Controls.
This final rule amends the Export Administration Regulations (EAR) to reflect the understandings reached at the June 2015 Nuclear Suppliers Group (NSG) Plenary meeting held in Bariloche, Argentina, and certain understandings reached at the 2016 NSG Plenary meeting held in Seoul, Republic of Korea. The amendments to the EAR based on the 2015 meeting address the nuclear nonproliferation (NP) controls that apply to certain centrifugal multiplane balancing machines described under ECCN 2B229 on the Commerce Control List (CCL). The amendments to the EAR based on the 2016 meeting address the NP controls that apply to certain linear displacement measuring systems described under ECCN 2B206 on the CCL. This rule also makes additional changes to ECCN 2B206 to make the description of these systems fully conform to their description on the NSG Annex. In addition, this rule corrects an error in the description of NP-controlled radiation-hardened TV cameras (including lenses therefor) in ECCN 6A203.
12/27/16
81 FR 94963
Russian Sanctions: Addition of Certain Entities to the Entity List, and Clarification of License Review Policy
This final rule amends the Export Administration Regulations (EAR) by adding twenty-three entities to the Entity List. The twenty-three entities 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. BIS is taking this action to ensure the efficacy of existing sanctions on the Russian Federation (Russia) for violating international law and fueling the conflict in eastern Ukraine. These entities will be listed on the Entity List under the destinations of Russia and the Crimea region of Ukraine.
In addition to the Entity List changes described above, this final rule revises the licensing policy in three sections of the Commerce Control List (CCL)-based controls in the EAR to clarify that BIS’s review of license applications for exports, reexports and transfers (in-country) to Russia will take into account and protect U.S. national security interests.
12/27/16
81 FR 94962
Burma: Amendment of the Export Administration Regulations Consistent with an Executive Order that Terminated U.S. Government’s Sanctions
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) consistent with Executive Order 13742 of October 7, 2016. That Executive Order terminated the national emergency with respect to the actions and policies of the Government of Burma (Burma) and revoked several Burma-related Executive Orders in recognition of Burma’s substantial advances to promote democracy, including historic elections held in November 2015 that resulted in the formation of a democratically elected, civilian-led government. Specifically, in this rule, BIS removes license requirements and other restrictions on exports, reexports or transfers (in country) of items subject to the EAR made to persons whose property and interests in property were blocked pursuant to three Burma-related Executive Orders that were revoked on October 7, 2016. Consistent with the revised U.S. policy toward Burma, this rule also moves Burma from Country Group D:1 to Country Group B, a less restrictive country group placement under the EAR.
12/16/16
81 FR 90983
Implementation of the February 2016 Australia Group (AG) Intersessional Decisions and the June 2016 AG Plenary Understandings.
This final rule amends the Export Administration Regulations (EAR) to implement the recommendations presented at Australia Group (AG) Intersessional Implementation Meeting held in Brussels, Belgium, on February 2, 2016, and adopted pursuant to the AG silent approval procedure in April 2016, and the understandings reached at the Implementation Meeting of the 2016 AG Plenary held in Paris, France, from June 6-10, 2016. Specifically, this rule amends ECCN 1C351 by removing dengue fever virus, consolidating the controls for Shiga toxin and Verotoxin (and other Shiga-like ribosome inactivating proteins) under a single listing, and updating the nomenclature for certain bacteria and toxins to reflect the 2016 AG updates to the “List of Human and Animal Pathogens and Toxins for Export Control.” In addition, this rule amends ECCN 2B352 to reflect the 2016 AG updates to the controls on biological containment facilities and related equipment, fermenters, and cross (tangential) flow filtration equipment, described on the “Control List of Dual-Use Biological Equipment and Related Technology and Software.”
12/15/16
81 FR 90712
Addition of Certain Persons to the Entity List
This final rule amends the Export Administration Regulations (EAR) by adding seven persons to the Entity List. The seven 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 seven persons will be listed on the Entity List under the destination of Pakistan.
12/05/16
81 FR 87424
Amendment to the Export Administration Regulations: Removal of Special Iraq Reconstruction License
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by removing the Special Iraq Reconstruction License (SIRL) from the EAR. This action furthers the objectives of the Retrospective Regulatory Review Initiative that directs BIS and other federal agencies to streamline regulations and reduce unnecessary regulatory burdens on the public. Specifically, the SIRL is outdated and seldom used by exporters, who now have more efficient options for exports and reexports to Iraq and transfers (in-country) in Iraq. This rule also makes conforming changes. This rule is effective January 4, 2017.
12/05/16
81 FR 87426
Amendment to the Export Administration Regulations: Removal of Semiconductor Manufacturing International Corporation from the List of Validated End-Users in the People’s Republic of China
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to remove one end-user from the list of validated end-users in the People’s Republic of China (PRC). Specifically, BIS amends Supplement Number 7 to part 748 of the EAR to remove the Semiconductor Manufacturing International Corporation (SMIC) as a validated end-user in the PRC. BIS makes this change at the company’s request, and not in response to activities of concern.
Temporary Exports to Mexico Under License Exception TMP
This final rule aligns the time limit of License Exception Temporary Imports, Exports, Reexports, and Transfers (in-country) (TMP), which authorizes, among other things, certain temporary exports to Mexico, with the time limit of Mexico’s Decree for the Promotion of Manufacturing, Maquiladora and Export Services (IMMEX) program. Currently, TMP allows for the temporary export and reexport of various items subject to the Export Administration Regulations (EAR), as long as the items are returned no later than one year after export, reexport, or transfer if not consumed or destroyed during the period of authorized use. Other than a four-year period for certain personal protective equipment, the one-year limit extends to all items shipped under license exception TMP. However, the one-year period does not align with the time constraints of Mexico’s IMMEX program, which allows imports of items for manufacturing operations on a time limit that may exceed 18 months. This rule amends TMP to complement the timeline of the IMMEX program. Under this amendment, items temporarily exported or reexported under license exception TMP and imported under the provisions of the IMMEX program can be authorized to remain in Mexico for up to four years from the date of export or reexport.
Commerce Control List: Removal of Certain Nuclear Nonproliferation (NP) Column 2 Controls
This final rule amends the Export Administration Regulations (EAR) to remove nuclear nonproliferation (NP) Column 2 license requirements from certain pressure tubes, pipes, fittings, pipe valves, pumps, numerically controlled machine tools, oscilloscopes, and transient recorders on the CCL. These changes are intended to revise the EAR controls on these items by making them more consistent with the export controls of other countries that manufacture these items and that, together with the United States, are participating countries in the Nuclear Suppliers Group (NSG). As a result of the changes made by this rule, some of the affected items are now designated as EAR99, while others remain subject to anti-terrorism (AT) controls on the CCL. In addition, any affected items that are also subject to chemical/biological (CB) controls on the CCL continue to be subject to these controls.
Clarifications and Revisions to Military Aircraft, Gas Turbine Engines and Related Items License Requirements
This rule revises Commerce Control List controls on certain 600 series aircraft and military gas turbine engines and related parts, components, accessories and attachments. It clarifies the treatment of certain transport aircraft and marine gas turbine engines along with certain military parachute systems and materials. It expands the scope of certain .y paragraphs and it clarifies that a note related to control of unfinished articles applies to all 600 series, product group “A” ECCNs. This rule was published simultaneously with a Department of State rule that makes related changes to the United States Munitions List. The effective date of both rules is December 31, 2016.
Temporary General License: Extension of Validity
On March 24, 2016, the Bureau of Industry and Security (BIS) published a final rule, Temporary General License. The March 24 final rule created a temporary general license that restored, for a specified time period, the licensing requirements and policies under the Export Administration Regulations (EAR) for exports, reexports, and transfers (in-country) as of March 7, 2016, to two entities (ZTE Corporation and ZTE Kangxun) that were added to the Entity List on March 8, 2016. At this time, the U.S. Government has decided to extend the temporary general license until February 27, 2017. In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of November 28, 2016, and to substitute the date of February 27, 2017. This final rule makes no other changes to the EAR.
Amendments to the Export Administration Regulations: Update of Arms Embargoes on Cote d’Ivoire, Liberia, Sri Lanka and Vietnam, and Recognition of India as Member of the Missile Technology Control Regime
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement changes in controls on arms and related materiel to Cote d’Ivoire, Liberia, Sri Lanka, and Vietnam. BIS also updates the EAR to recognize the accession of India as a member of the Missile Technology Control Regime (MTCR).
Cuba: Revisions to License Exceptions
This rule authorizes use of License Exception SCP for items sold directly to individuals in Cuba for personal use and authorizes use of License Exception AVS for cargo that is transiting Cuba on aircraft that are on temporary sojourn in Cuba. It also reduces the number Cuban Government and Cuban Communist Party Officials who are ineligible recipients under License Exceptions GFT, CCD and SCP. This rule was published simultaneously with a Department of the Treasury, Office of Foreign Assets Control rule amending the Cuban Assets Control Regulations.
10/14/16
81 FR 70933
Amendments to the Export Administration Regulations: Reporting Requirements Optional Electronic Filing of Reports of Requests for Restrictive Trade Practice or Boycott
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to permit electronic submission as an additional method available to United States persons for reporting requests they receive to take certain actions in furtherance or support of an unsanctioned foreign boycott, as required under the restrictive trade practices or boycotts provisions of the EAR. These amendments are administrative changes to those provisions’ reporting requirements, which currently permit reporting of such requests solely by mail. BIS is making these amendments consistent with U.S. Government policy to modernize regulatory requirements and promote efficiency. This rule also makes conforming regulatory changes.
Revisions to the Export Administration Regulations (EAR): Control of Fire Control, Laser, Imaging, and Guidance Equipment the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
This final rule describes how articles the President determines no longer warrant control under Category
XII (Fire Control, Laser, Imaging, and Guidance Equipment) of the United States Munitions List (USML) of the International Traffic in Arms Regulations (ITAR) will be controlled under the Commerce Control List (CCL) of the Export Administration Regulations (EAR) by amending Export Control Classification Number (ECCN) 7A611 and creating new ‘‘600 series’’ ECCNs 7B611, 7D611, and 7E611. In addition, for certain dual-use infrared detection items, this final rule expands controls for certain software and technology, eliminates the use of some license exceptions, revises licensing policy, and expands license
requirements for certain transactions involving military end users or foreign military commodities. This final rule also harmonizes provisions within the EAR by revising controls related to certain quartz rate sensors. This rule is effective December 31, 2016.
BIS Rule
State Department Rule
Revisions to the Entity List
This final rule amends the Export Administration Regulations (EAR) by revising the license requirement to apply to all items subject to the EAR for twelve Chinese entities on the Entity List. These revisions are made in order to address national security concerns resulting from the removal of certain subparagraphs of Export Control Classification Numbers (ECCNs) 5A992, 5D992 and 5E992 that occurs in the 2015 Wassenaar Implementation rule. This rule also brings the general Entity List license requirements, policies and procedures under a single section of the EAR to assist the public to better locate and comply with these regulations.
81 FR 64657
09/20/16
Wassenaar Arrangement 2015 Plenary Agreements Implementation, Removal of Foreign National Review Requirements, and Information Security Updates
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 2015 Plenary by revising 58 Export Control Classification Numbers (ECCNs)and adding two ECCNs, as well as adding a General “Information Security” Note, revising WA reporting requirements, adding four (4) definitions , removing three (3) definitions, and revising twelve (12) definitions in the EAR. This rule also adds license exception eligibility for two (2) ECCNs and removes license exception eligibility for four (4) ECCNs. This rule also raises the Adjusted Peak Performance (APP) for high performance computers, as well as technology and software for the development and production of such computers. In addition, this rule updates license requirements and policies associated with Category 5 – Part 2. Lastly, this rule removes the Foreign National Review requirement associated with deemed exports under License Exceptions APP and CIV.
9/07/16
81 FR 61595
Russian Sanctions: Addition of Certain Entities to the Entity List
The Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding eighty-one entities under eighty-six entries to the Entity List. The eighty-one entities 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. BIS is taking this action to ensure the efficacy of existing sanctions on the Russian Federation (Russia) for violating international law and fueling the conflict in eastern Ukraine. These entities will be listed on the Entity List under the destinations of the Crimea region of Ukraine, Hong Kong, India, and Russia.
9/06/16
81 FR 61104
Amendments to Existing Validated End-User Authorization in the People's Republic of China: Boeing Tianjin Composites Co. Ltd.
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing Validated End-User (VEU) list for the People’s Republic of China (PRC) by updating the list of eligible destinations (facilities) for VEU Boeing Tianjin Composites Co. Ltd. (BTC). Specifically, BIS amends supplement No. 7 to part 748 of the EAR to change the written address of BTC’s existing facility. The physical location of the facility has not changed. BIS updated the facility address after receiving notification of the change from BTC. The End-User Review Committee reviewed and authorized the amendment in accordance with established procedures. The updated address contributes to maintaining accurate location information for BTC's VEU.
9/01/16
81 FR 60254
Updated Statements of Legal Authority for the Export Administration Regulations
This rule updates the authority citations in the Export Administration Regulations (EAR) to cite the President’s Notice of august 4, 2016, 81 FR 52587 (August 8, 2016), which continues the emergency declared in Executive Order 13222 This rule is purely procedural. Its purpose is to keep the authority citation paragraphs in the Code of Federal Regulations current. It does not change any right, prohibition or obligation that applies to any person under the EAR.
Final Rule
8/23/16
81 FR 57451
Addition of Certain Persons to the Entity List
This final rule amends the Export Administration Regulations (EAR) by adding ten persons under fourteen entries to the Entity List. The ten 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 ten persons will be listed on the Entity List under the destinations of Iraq, the Philippines, Syria, and Turkey.
8/23/16
15 CFR Part 740
Temporary Exports to Mexico Under License Exception TMP
This proposed rule would align the time limit of License Exception Temporary Imports, Exports, Reexports, and Transfers (in-country) (TMP), which authorizes, among other things, certain temporary exports to Mexico, with the time limit of Mexico’s Decree for the Promotion of Manufacturing, Maquiladora and Export Services (IMMEX) program. Currently, TMP allows for the temporary export and reexport of various items subject to the Export Administration Regulations (EAR), as long as the items are returned no later than one year after export, reexport, or transfer if not consumed or destroyed during the period of authorized use. Other than a four-year period for certain personal protective equipment, the one-year limit extends to all items shipped under license exception TMP. However, the one-year period does not align with the time constraints of Mexico’s IMMEX program, which allows imports of items for manufacturing operations on a time limit that may exceed 18 months. This rule proposes to amend TMP to complement the timeline of the IMMEX program. Under this proposed amendment, items temporarily exported or reexported under license exception TMP and imported under the provisions of the IMMEX program would be authorized to remain in Mexico for up to four years from the date of export or reexport.
DATES: Comments must be received by October 24, 2016.
8/19/16
81 FR 55372
Temporary General License: Extension of Validity
On March 24, 2016, the Bureau of Industry and Security (BIS) published a final rule, Temporary General License. The March 24 final rule created a temporary general license that restored, for a specified time period, the licensing requirements and policies under the Export Administration Regulations (EAR) for exports, reexports, and transfers (in-country) as of March 7, 2016, to two entities (ZTE Corporation and ZTE Kangxun) that were added to the Entity List on March 8, 2016. At this time, the U.S. Government has decided to extend the temporary general license until November 28, 2016. In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of August 30, 2016, and to substitute the date of November 28, 2016. This final rule makes no other changes to the EAR.
8/17/16
81 FR 54721
Revisions to the Export Administration Regulations (EAR): Harmonization of the Destination Control Statements
This final rule implements changes that were proposed on May 22, 2015, in a proposed rule entitled Revisions to the Export Administration Regulations (EAR): Harmonization of the Destination Control Statements. This final rule revises 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 final rule is published in conjunction with a Department of State, Directorate of Defense Trade Controls final rule revising § 123.9(b)(1) of the ITAR. Both final rules are part of the President’s Export Control Reform Initiative. This final rule is also part of Commerce’s retrospective regulatory review plan under Executive Order (E.O.) 13563.
This rule is effective November 15, 2016.
BIS final rule
State final rule
8/8/16
81 FR 52326
Amendment to the Export Administration Regulations to Add Targets for the Production of Tritium and Related Development and Production Technology to the List of 0Y521 Series
In this interim final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to make certain items subject to the EAR and to impose on those items a license requirement for export and reexport to all destinations, except Canada. Specifically, this rule classifies certain specified targets “specially designed” for the production of tritium and related “development” and “production” technology under Export Control Classification Numbers (ECCNs) 0A521 and 0E521, respectively, on the Commerce Control List (CCL). As described in the final rule that established the 0Y521 series and that was published in the Federal Register on April 13, 2012, items are added to the 0Y521 series upon a determination by the Department of Commerce, with the concurrence of the Departments of Defense and State, and other agencies as appropriate, that the items should be controlled for export because the items provide at least a significant military or intelligence advantage to the United States or foreign policy reasons justify control. In this matter, the Department of Energy also concurred in the control imposed.
7/28/16
81 FR 49517
Commerce Control List: Addition of Items Determined to No Longer Warrant Control under United States Munitions List Category XIV (Toxicological Agents) or Category XVIII (Directed Energy Weapons)
This final rule indicates how articles the President has determined no longer warrant control under Category XIV (Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment) or Category XVIII (Directed Energy Weapons) of the United States Munitions List (USML) will be controlled under the Commerce Control List (CCL) once this rule becomes effective on December 31, 2016. The affected Category XIV articles consist primarily of dissemination, detection and protection “equipment” and related articles and will be controlled under new Export Control Classification Numbers (ECCNs) 1A607, 1B607, 1C607, 1D607, and 1E607, as described in this final rule. The affected Category XVIII articles consist primarily of tooling, production “equipment,” test and evaluation “equipment,” test models and related articles and will be controlled under new ECCNs 6B619, 6D619 and 6E619, as described in this final rule. This final rule was published in conjunction with a final rule from the Department of State, Directorate of Defense Trade Controls, which amends the list of articles controlled by USML Categories XIV and XVIII and which also becomes effective on December 31, 2016 (see 81 FR 49531).
7/11/16
81 FR 44770
Updated Statements of Legal Authority for the Export Administration Regulations
This rule updates the authority citations for parts 730, 736 and 746 of the Export Administration Regulations (EAR) to cite the President’s Notice of May 3, 2016, 81 FR 27293 (May 5, 2016), which continues the emergency declared in Executive Order 13338 of May 11, 2004 — Blocking Property of Certain Persons and Prohibiting the Export of Certain Goods to Syria. This rule also removes the citation to 30 U.S.C. 185(s), 185(u) from part 738 of the EAR because that citation is no longer needed due to the repeal certain export license requirements on crude oil exports. This rule is purely procedural. Its purpose is to keep the authority citation paragraphs in the Code of Federal Regulations current. It does not change any right, prohibition or obligation that applies to any person under the EAR.
Final Rule
6/28/16
81 FR 41799
Temporary General License: Extension of Validity
On March 24, 2016, the Bureau of Industry and Security (BIS) published a final rule, Temporary General License. The March 24 final rule created a temporary general license that restored, for a specified time period, the licensing requirements and policies under the Export Administration Regulations (EAR) for exports, reexports, and transfers (in-country) as of March 7, 2016, to two entities (ZTE Corporation and ZTE Kangxun) that were added to the Entity List on March 8, 2016. At this time, the U.S. Government has decided to extend the temporary general license until August 30, 2016. In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of June 30, 2016, and to substitute the date of August 30, 2016. This final rule makes no other changes to the EAR.
6/23/16
81 FR 40783
Amendments to Existing Validated End-User Authorization in the People’s Republic of China: Advanced Micro Devices, Inc.
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing Validated End-User (VEU) list for the People’s Republic of China by updating the list of eligible items and destinations (facilities) for VEU Advanced Micro Devices, Inc. (AMD). Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to remove an existing “eligible destination” (facility); add a building to an existing address at one of AMD’s already approved facilities to which eligible items may be exported, reexported or transferred (in-country); and reflect the recent removal of an existing “eligible item” from the Commerce Control List (CCL).
Final Rule
6/22/16
81 FR 40499
Guidance on Charging and Penalty Determinations in Settlement of Administrative Enforcement Cases
This rule revises the Bureau of Industry and Security’s (BIS) guidance regarding administrative enforcement cases based on violations of the Export Administration Regulations (EAR), other than violations of Part 760 – restrictive trade practices and boycotts. The rule sets forth the factors that the Office of Export Enforcement (OEE) considers when setting penalties in settlements of administrative enforcement cases and when deciding whether to pursue administrative charges or settle allegations of EAR violations. This rule is effective on July 22, 2016.
BIS Final Rule
6/21/16
81 FR 40174
Addition of Certain Persons and Removal of Certain Persons from the Entity List
This final rule amends the Export Administration Regulations (EAR) by adding twenty-eight persons under thirty-one entries to the Entity List. The twenty-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 twenty-eight persons will be listed on the Entity List under the destinations of Afghanistan, Austria, China, Hong Kong, Iran, Israel, Panama, Taiwan, and the United Arab Emirates (U.A.E.). This final rule also removes three entities from the Entity List under the destinations of Finland, Pakistan and Turkey as the result of requests for removal received by BIS pursuant to the section of the EAR used for requesting removal or modification of an Entity List entity and the End-User Review Committee’s (ERC) review of the information provided in the removal requests.
BIS Final Rule
Revisions to the Unverified List (UVL)
The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding thirty-six (36) persons to the Unverified List (the ‘‘Unverified List’’ or UVL), and adding an additional address for one (1) person currently listed on the UVL. The 36 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. A new address is added for one current UVL person as BIS has determined that this person has changed its registered address.
6/7/16
81 FR 36481
Amendment to the Export Administration Regulations: Removal of Special Iraq Reconstruction License
In this rule, the Bureau of Industry and Security (BIS) proposes to amend the Export Administration Regulations (EAR) to remove the Special Iraq Reconstruction License (SIRL) from the EAR. The action, if published in final form, would further the objectives of the Retrospective Regulatory Review Initiative that directs BIS and other federal agencies to streamline regulations and reduce unnecessary regulatory burdens on the public. Specifically, the SIRL is outdated and seldom used by exporters, who now have more efficient options for exports and reexports to Iraq and transfers (in-country) in Iraq. This rule also makes conforming changes. Comments on this proposed rule must be received by July 7, 2016.
6/7/2016
81 FR 36458
Implementation of the February 2015 Australia Group (AG) Intersessional Decisions and the June 2015 AG Plenary Understandings
This final rule amends the Export Administration Regulations (EAR) to implement the recommendations presented at the Australia Group (AG) Intersessional meeting held in The Hague, Netherlands, on February 4, 2015, and adopted pursuant to the AG silent approval procedure in April 2015, and the understandings reached at the AG Plenary meeting held in Perth, Australia, from June 1-5, 2015. Specifically, this rule amends ECCN 1C350.d to reflect the addition of the chemical diethylamine (C.A.S. 109-89-7) to the AG’s “Chemical Weapons Precursors” common control list. This rule also amends ECCN 1C351 to reflect the addition of two viruses (severe acute respiratory syndrome-related coronavirus, a.k.a. SARS-related coronavirus, and reconstructed 1918 influenza virus) not previously identified on the AG “List of Human and Animal Pathogens and Toxins for Export Control.” In addition, this rule amends ECCN 2B352 to revise the controls applicable to the following items: steam, gas or vapor sterilizable freeze-drying equipment in 2B352.e; biocontainment chambers, isolators, and biological safety cabinets in 2B352.g.2; and aerosol inhalation equipment in 2B352.h. This rule makes additional AG-related changes consistent with the scope of the AG common control lists.
6/3/16
81 FR 35586
Revisions to Definitions in the Export Administration Regulations
This final rule makes revisions to the Export Administration Regulations (EAR) to include certain definitions to enhance clarity and consistency with terms also found in the International Traffic in Arms Regulations (ITAR), which is administered by the Department of State, Directorate of Defense Trade Controls (DDTC), or that DDTC expects to publish in proposed rules. This final rule also revises the Scope part of the EAR to update and clarify application of controls to electronically transmitted and stored technology and software, including by way of cloud computing. DDTC is concurrently publishing comparable amendments to certain ITAR definitions for the same reasons. An additional document addresses frequently asked questions (FAQs).
BIS Rule
State Department Interim Final Rule
State Department Final Rule
5/12/16
81 FR 29483
Removal of Short Supply License Requirements on Exports of Crude Oil
This rule amends the Export Administration Regulations (EAR) to remove the short supply license requirements that, prior to the entry into force of the “Consolidated Appropriations Act, 2016” (Pub. L. 114-113) on December 18, 2015, applied to exports of crude oil from the United States. Specifically, this rule removes the Commerce Control List (CCL) entry and the corresponding short supply provisions in part 754 of the EAR that required a license from BIS to export crude oil from the United States. This rule also makes conforming changes to certain other EAR provisions to reflect the removal of these short supply license requirements. Consistent with the exceptions in Pub. L. 114-113, exports of crude oil continue to require authorization from BIS to embargoed or sanctioned countries or persons and to persons subject to a denial of export privileges.
4/2/16
81 FR 1902
Revisions to the Export Administration Regulations Based on the 2015 Missile Technology Control Regime Plenary Agreements
This final 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 October 2015 Plenary in Rotterdam, Netherlands, and the April 2015 Technical Experts Meeting (TEM) in Bern, Switzerland. This final rule makes conforming changes to correlate the Commerce Control List (CCL) (Supplement No. 1 to Part 774 of the EAR) and other EAR provisions 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. In addition, this final rule makes a change to MT licensing policy to be consistent with the MTCR Annex General Minimum Software Note and the MTCR Annex General Technology Note that specify that a license for MT controlled items should also authorize certain minimum “software” and “technology.” This final rule also adds a new paragraph to the section of the EAR that specifies which changes to a license are considered “non-material.” This amendment will facilitate this rule’s revised MT licensing policy, which will apply to all licenses for MT controlled items, except when excluded by a license condition.
3/24/16
81 FR 15633
Temporary General License
This final rule amends the Export Administration Regulations (EAR) by adding Supplement No. 7 to Part 744 to the EAR to create a temporary general license to specify that “notwithstanding the requirements and other provisions of Supplement No. 4 to part 744, which became effective on March 8, 2016, the licensing and other requirements in the EAR as of March 7, 2016, pertaining to exports, reexports, and transfers (in-country) of items “subject to the EAR” to Zhongxing Telecommunications Equipment (ZTE) Corporation, ZTE Plaza, Keji Road South, Hi-Tech Industrial Park, Nanshan District, Shenzhen, China, and ZTE Kangxun Telecommunications Ltd., 2/3 Floor, Suite A, ZTE Communication Mansion Keji (S) Road, Hi-New Shenzhen, 518057 China, are restored as of March 24, 2016 and through June 30, 2016. Thus, for example, the authority of NLR or a License Exception that was available as of March 7, 2016, may be used as per this temporary general license. The temporary general license is renewable if the U.S. Government determines, in its sole discretion, that ZTE Corporation and ZTE Kangxun are timely performing their undertakings to the U.S. Government and otherwise cooperating with the U.S. Government in resolving the matter.”
3/21/16
81 FR 14953
Addition of Certain Persons and Modification of Certain Entries to the Entity List; and Removal of Certain Persons from the Entity List
This rule amends the Export Administration Regulations (EAR) by adding forty-four persons under forty-nine entries to the Entity List. The forty-four 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 forty-four persons will be listed on the Entity List under the destinations of China, Germany, Hong Kong, India, Iran, Malaysia, the Netherlands, Singapore, Switzerland, and the United Arab Emirates (U.A.E.). This final rule also removes five entities from the Entity List under the destinations of Ukraine and the U.A.E., as the result of requests for removal received by BIS, a review of information provided in the removal requests 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). Finally, this final rule modifies two existing entries in the Entity List, both under the destination of China. These entries are being modified to reflect additional aliases and addresses for these persons. BIS implements this rule to protect U.S. national security or foreign policy interests and to ensure entries on the Entity List are accurate and up-to-date.
3/16/16
81 FR 13972
Cuba Licensing Policy Revisions
This rule revises the EAR to allow cargo on a vessel that is on temporary sojourn to Cuba to transit Cuba on that vessel under a license exception. It also allows license exception shipment of EAR99 items and items controlled for antiterrorism reasons only to persons authorized by the Office of Foreign Assets Control to establish and maintain a physical or business presence in Cuba. Finally, it adopts a policy of case-by-case review for items that would enable or facilitate exports from Cuba of items produced by the private sector. This rule was published simultaneously with a Department of the Treasury, Office of Foreign Assets Control rule that amended the Cuban Assets Control Regulations.
3/8/16
81 FR 12004
Additions to the Entity List (Final Rule)
This final rule amends the Export Administration Regulations (EAR) by adding four entities to the Entity List. The U.S. Government has determined that the four entities are acting contrary to the national security or foreign policy interests of the United States. The four entities will be listed on the Entity List under the destinations of People’s Republic of China (China) and Iran.
2/29/16
81 FR 10083
Updated Legal Authority Citations
This rule updates the Code of Federal Regulations (CFR) legal authority citations in the National Security Industrial Base Regulations (NSIBR) and the Export Administration Regulations (EAR). The updates reflect recent editorial reclassifications within the United States Code, the repeal of certain statutory authorities, the continuation of an emergency declared in an executive order, and minor stylistic edits. This is a non-substantive rule that only updates legal authority paragraphs of the NSIBR and the EAR. It does not alter any right, obligation or prohibition that applies to any person under the NSIBR or the EAR.
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2/23/16
81 FR 8825
Addition of Certain Persons and Modification of Certain Entries to the Entity List; and Removal of Certain Persons from the Entity List
This rule amends the Export Administration Regulations (EAR) by adding eight persons under eight 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 destination of the United Arab Emirates (U.A.E.). This final rule also removes nine persons from the Entity List, as the result of a request for removal submitted by these persons, 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). Finally, this rule is also revising six existing entries in the Entity List. One entry under Iran is modified to correct the entry by updating the Federal Register citation. Five entries on the Entity List under the destinations of Armenia, Greece, India, Pakistan and the United Kingdom (U.K.) are modified to reflect a removal from the Entity List.
2/19/16
81 FR 8421
Revisions to the Export Administration Regulations (EAR): Control of Fire Control, Laser, Imaging, 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, Laser, Imaging, 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) of the Export Administration Regulations (EAR) by amending Export Control Classification Number (ECCN) 7A611 and creating new “600 series” ECCNs 7B611, 7D611, and 7E611. In addition, for certain dual-use infrared detection items, this proposed rule would expand controls for certain software and technology, eliminate the use of some license exceptions, revise licensing policy, and expand license requirements for certain transactions involving military end users or foreign military commodities. This proposed rule would also harmonize provisions within the EAR by revising controls related to certain quartz rate sensors and uncooled thermal imaging cameras.
2/9/16
81 FR 6791
Clarifications and Revisions to Military Aircraft, Gas Turbine Engines and Related Items License Requirements
This proposed rule would add clarifying text to the descriptions of the types of military aircraft controlled on the Commerce Control List. The lists of items that are subject only to the anti-terrorism reason for control would be clarified and expanded. This proposed rule was published simultaneously with a Department of State proposed rule that would make related changes to Categories VIII and XIX of the United States Munitions List. Comments on these proposed rules are due no later than March 25, 2016.
1/27/16
81 FR 4580
Cuba Licensing Policy Revisions
This amends the general policy of denial that applies applications for licenses to export or reexport to Cuba. It provides a general policy of approval for five types of transactions and a policy of case-by-case review for items to meets the needs of the Cuban people even in instances where the Cuban government is the consignee. This rule does not make any changes to license requirements or to license exception availability. It was published simultaneously with a Department of the Treasury, Office of Foreign Assets Control rule that amended the Cuban Assets Control Regulations.
Revisions to the Export Administration Regulations (EAR): Harmonization of the Destination Control Statements