U.S. Department of Commerce, Bureau of Industry and Security
Industrial Base Assessments
Rocket Propulsion
Rocket Propulsion Survey
The U.S. Department of Commerce, Bureau of Industry and Security (BIS), Office of Technology Evaluation, in coordination with the National Aeronautics and Space Administration (NASA) and U.S. Department of Defense co-chaired Joint Army, Navy, NASA, Air Force Interagency Propulsion Committee (JANNAF) is conducting a survey and assessment of rocket propulsion-related products and services.
The principal goal of this assessment is to gain an understanding of the intricate supply chain network supporting the development, production, and sustainment of products and services across both the U.S. Government (USG) and commercial propulsion-related sectors. Consequently, the USG will be better informed when developing targeted planning, acquisition, and investment strategies to ensure the availability and security of the U.S. rocket propulsion supply chain.
This is a mandatory BIS survey for organizations that are responsible for researching, designing, engineering, developing, manufacturing, testing, and integration of rocket propulsion-related products, components, and services in the Unites States.
BIS has partnered with DOC’s Census Bureau to administer a secure survey submission portal. You will be automatically redirected to the Census web portal in 30 seconds.
Census will be acting solely as the administrator for the website and secure survey submission portal. BIS retains sole responsibility for survey support, compliance, and records management.
To proceed directly to the Census web portal, or if your browser does not automatically redirect you, click here: https://respond.census.gov/nasa
U.S. Department of Commerce, Bureau of Industry and Security
Industrial Base Surveys and Assessments
Critical Facilities Survey
The U.S. Department of Commerce, Bureau of Industry and Security (BIS), Office of Technology Evaluation (OTE), in coordination with the U.S. Department of Defense (DOD), Defense Security Service (DSS) is conducting a survey and assessment of organizations responsible for the research, design, engineering, development, manufacture, test, and integration of defense and high-technology products, components, and related services.
This is a mandatory BIS survey for all locations containing a DSS-cleared facility.
BIS has coordinated with the Commerce Department’s Census Bureau to provide a secure survey submission portal. You will be automatically redirected to the Census web portal in 30 seconds.
Census will be acting solely as an administrator for the website and secure survey submission portal. BIS retains sole responsibility for survey support, compliance, and records management.
To proceed directly to the Census web portal, or if your browser does not automatically redirect you, click here: https://respond.census.gov/criticalfacility/download
Published 2011
Rules published in other years: 2012 | 2011 | 2010 | 2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 | 2002 | 2001 | 2000 | 1999 | 1998 | 1997 | 1996
12/23/11
76 FR 80291
Revisions to the Export Administration Regulations (EAR): Control of Submersible Vessels, Oceanographic Equipment and Related Articles That the President Determines No longer Warrant Control Under the United States Munitions List (USML)
|| PDF Format
This proposed rule describes how submersible vessels, oceanographic equipment and related articles that the President determines no longer warrant control under Category VI or Category XX of the United States Munitions List (USML) would be controlled under the Commerce Control List (CCL) in new Export Control Classification Numbers (ECCNs) 8A620, 8B620, 8D620, and 8E620. In addition, this proposed rule would control closed and semi-closed circuit (rebreathing) apparatus, engines and propulsion systems for submersible vessels, and submarine and torpedo nets, which are currently controlled under ECCN 8A018, under new ECCN 8A620. With this proposed rule, BIS also would establish a new, unilateral control on submersibles specially designed for cargo transport that are not currently subject to USML or CCL controls. The public comment period for this proposed rule will close on February 6, 2012. This rule was published in conjunction with two proposed rules of the Department of State, Directorate of Defense Trade Controls, that would amend the list of articles controlled by USML Categories VI and Category XX, respectively. In recognition of the significant difference between surface vessels of war and submarines, the U.S. Department of State, Directorate of Defense Trade Controls, is proposing to move submarines and associated equipment from Category VI on the USML to Category XX.
12/23/11
76 FR 80282
Revisions to the Export Administration Regulations (EAR): Control of Vessels of War and Related Articles the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
|| PDF Format
This proposed rule describes how surface vessels of war and related articles that the President determines no longer warrant control under Category VI of the United States Munitions List (USML) would be controlled under the Commerce Control List (CCL) in new Export Control Classification Numbers (ECCNs) 8A609, 8B609, 8C609, 8D609, and 8E609. The public comment period for this proposed rule will close on February 6, 2012. This rule was published in conjunction with two proposed rules of the Department of State, Directorate of Defense Trade Controls, that would amend the list of articles controlled by USML Categories VI and XX, respectively.
12/16/11
76 FR 78146
Addition of Certain Persons to the Entity List; and Implementation of Entity List Annual Review Changes
|| PDF Format
This rule amends the Export Administration Regulations (EAR) by adding two 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 United Arab Emirates (U.A.E.). 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 removes two persons located in Singapore and two persons located in Taiwan on the basis of the annual review, and revises the entry concerning one person located in Malaysia to add an alternate address. 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.
12/12/11
76 FR 77115
Amendments to the Export Administration Regulations: Facilitating Enhanced Public Understanding of the Provisions That Implement the Comprehensive U.S. Sanctions on Syria
|| PDF Format
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by moving the substantive provisions of the comprehensive sanctions on Syria from General Order No. 2 in Supplement No. 1 to part 736 to a revised § 746.9. This rule also includes conforming changes to the EAR. This rule will facilitate compliance with the comprehensive sanctions on Syria.
12/06/11
76 FR 76085
Revisions to the Export Administration Regulations (EAR): Control of Military Vehicles and Related Items That the President Determines No Longer Warrant Control on the United States Munitions List
|| PDF Format
This proposed rule would include on the Commerce Control List military vehicles and related items that the President determines no longer warrant control on the United States Munitions List. The public comment period for this proposed rule will close on January 20, 2012.
12/06/11
76 FR 76072
Revisions to the Export Administration Regulations (EAR): Control of Gas Turbine Engines and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
|| PDF Format
This proposed rule describes how military gas turbine engines and related articles that the President determines no longer warrant control under Category VI, VII, or VIII of the United States Munitions List (USML) would be controlled under the Commerce Control List (CCL) in new Export Control Classification Numbers (ECCNs) 9A619, 9B619, 9C619, 9D619 and 9E619. In addition, this proposed rule would control military trainer aircraft turbo prop engines and related items, which are currently controlled under ECCN 9A018.a.2 or .a.3, 9D018 or 9E018, under new ECCN 9A619, 9D619 or 9E619. The public comment period for this proposed rule will close on January 20, 2012. This rule was published in conjunction with a proposed rule from the Department of State, Directorate of Defense Trade Controls, that would consolidate in USML Category XIX the military gas turbine engines and related articles that would remain on the USML.
11/21/11
76 FR 71867
Addition of Certain Persons to the Entity List; and Implementation of Entity List Annual Review Changes
|| PDF Format
This rule amends the Export Administration Regulations (EAR) by adding fourteen persons under twenty-one 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 following four destinations: Afghanistan, China, Hong Kong, and Pakistan. In addition, this rule amends the EAR to implement modifications to the Entity List on the basis of the annual review of the Entity List conducted by the End-User Review Committee (ERC), which the ERC conducts to determine if any entries on the Entity List should be removed or modified. This rule implements the results of the annual review for entities located in Canada. 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.
11/14/11
76 FR 70337
Exports and Reexports to the Principality of Liechtenstein
|| PDF Format
The Bureau of Industry and Security (BIS) publishes this final rule to amend certain requirements in the Export Administration Regulations (EAR) that apply to the Principality of Liechtenstein (Liechtenstein). In this final rule, BIS aligns license requirements and licensing policy uner the EAR for Liechtenstein with those for Switzerland. As a result, for purposes of the EAR, Liechtenstein will be treated the same as Switzerland.
By virtue of a Customs Union Treaty with Switzerland, Liechtenstein has adopted the export controls implemented under Swiss law, including controls equivalent to those prescribed under multilateral regimes, and has authorized Switzerland to administer and enforce export controls within Liechtensteins territory. As a result of this arrangement, Liechtenstein and Switzerland serve as one territory for customs and export purposes. Having recently been made aware of the full scope of this arrangement and its consequences on export controls, BIS has determined that it is appropriate to codify the treatment of Liechtenstein and Switzerland as one territory for purposes of the EAR. This treatment of Liechtenstein is consistent with the effort of the United States to streamline licensing requirements where export controls prescribed by the multilateral regimes are implemented.
11/09/11
76 FR 69609
Amendment to Existing Validated End-User Authorizations in the Peoples Republic of China: National Semiconductor Corporation and Semiconductor Manufacturing International Corporation
|| PDF Format
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to remove National Semiconductor Corporation (National Semiconductor) from the list of “Validated End-Users” and “Eligible Destinations” in the People’s Republic of China (PRC). BIS also removes on facility from the list of “Eligible Destinations” for Semiconductor Manufacturing International Corporation (SMIC) in the PRC, the Semiconductor Manufacturing International (Chengdu) Corporation, Assembly and Testing (AT2) Facility (SMIC AT2 facility). These amendments are due to material changes in the ownership and control of National Semiconductor and the SMIC AT2 facility. These amendments are not the result of activities of concern by National Semiconductor or SMIC and do not establish any new license requirements or licensing policies for exports, reexports, or transfers (in-country) of items to National Semiconductor, SMIC, or their facilities.
11/07/11
76 FR 68675
Proposed Revisions to the Export Administration Regulations (EAR): Control of Aircraft and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
|| PDF Format
This proposed rule would create five new Export Control Classification Numbers (ECCNs) that would control certain items that are currently in Category VIII of the United States Munitions List or are in ECCNs 9A018, 9D018 or 9E018. This rule also addresses license exception eligibility for those items. This is the second in a series of proposed rules describing how various types of articles the President determines, as part of the Administrations Export Control Reform Initiative, no longer warrant USML control, would be controlled on the CCL and by the EAR. Comments on this proposed rule must be received by BIS no later than December 22, 2011.
10/31/11
76 FR 67059
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
|| PDF Format
This rule amends the Export Administration Regulations (EAR) by adding fifteen persons to the Entity List (Supplement No. 4 to Part 744) on the basis of section 744.11 of the EAR. 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 fifteen persons will be listed under the following four destinations on the Entity List: China, Hong Kong, Iran and Singapore. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to parties identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of license exceptions in such transactions is limited.
10/12/11
76 FR 63184
Addition of Certain Persons on the Entity List; Implementation of Entity List Annual Review Change; and Removal of Persons from the Entity List Based on Removal Requests
|| PDF Format
This rule amends the EAR by adding two persons to the Entity List (Supplement No. 4 to Part 744) on the basis of section 744.11 of the EAR. 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. In addition, this rule amends the Entity List on the basis of the annual review of the Entity List conducted by the End-User Review Committee (ERC) for entities located in Hong Kong. Lastly, this rule removes three persons from the Entity List consisting of one person located in Hong Kong and two persons located in New Zealand as a result of requests for removal submitted by each of these three persons, a review of information provided in the removal requests in accordance with section 744.16 (Procedure for requesting removal or modification of an Entity List entity), and further review conducted by the ERC. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to parties identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of license exceptions in such transactions is limited.
09/21/11
76 FR 58396
Editorial Correction to the Export Administration Regulations
|| PDF Format
This final rule corrects reference and typographical errors in the Export Administration Regulations (EAR). The corrections are editorial in nature and do not affect license requirements. In addition to the editorial corrections, this rule adds new definitions to the EAR that were inadvertently not incorporated by a previous rule.
09/21/11
76 FR 58393
Updated Statements of Legal Authority for the Export Administration Regulations
|| PDF Format
This rule updates the Code of Federal Regulations legal authority citations for the Export Administration Regulations (EAR) to include the citation to the Presidents Notice of August 12, 2011Continuation of Emergency Regarding Export Control Regulations. It makes no changes to the text of the EAR and does not alter any right, duty or prohibition that applies under the EAR to any person.
09/12/11
76 FR 56099
Implementation of a Decision Adopted under the Australia Group (AG) Intersessional Silent Approval Procedures in 2010 and Related Editorial Amendments
|| PDF Format
This rule amends the Export Administration Regulations (EAR) to implement a proposal that was adopted under the Australia Group (AG) silent approval procedures in November 2010. Specifically, this rule amends ECCN 1C351.a to remove the “South American haemorrhagic fever” and “Pulmonary and renal syndrome-haemorrhagic fever viruses” and replace them with ten viral causative agents for the fevers. This rule also alphabetizes and renumbers the list of viruses in ECCN 1C351.a to conform with the format in the AG List of Biological Agents. Consistent with this AG change, this rule alphabetizes and renumbers the list of bacteria and “toxins” in ECCN 1C351.c and .d to assist exporters to more easily identify these bacteria and “toxins.” In addition, this rule makes conforming changes in Section 740.20, Section 742.18, and ECCN 1C991 related to the items that were alphabetized and renumbered in ECCN 1C351. Finally, this rule amends Section 740.20(b)(2)(vi), which describes certain limitations on the use of License Exception STA, to add several toxins that were inadvertently omitted by the License Exception STA rule that BIS published on June 16, 2011 (76 FR 35276).
09/06/11
76 FR 54928
Export Administration Regulations: Netherlands Antilles, Curaçao, Sint Maarten and Timor-Leste
|| PDF Format
The Netherlands Antilles dissolved on October 10, 2010. This rule removes the Netherlands Antilles from all places where it is mentioned in the Export Administration Regulations (EAR), e.g., the Commerce Country Chart, the Country Groups, and License Exception APP. Curaçao and Sint Maarten (the Dutch two-fifths of the island of Saint Martin) became semi-autonomous entities within the Kingdom of the Netherlands. Therefore, Curaçao and Sint Maarten are added to the Commerce Country Chart.
The territories and dependencies of a country are treated as the parent country under the EAR. Bonaire, Saba, and Sint Eustatius now fall under the direct administration of the Netherlands. Therefore, these dependencies are treated like the Netherlands and will not be listed on the Commerce Country Chart.
This rule also revises the name East Timor to read Timor-Leste throughout the EAR, because this is the proper name of the country.
08/15/11
76 FR 50407
Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States to the Entity List; and Implementation of Additional Changes from the Annual Review of the Entity List
|| PDF Format
This rule amends the Export Administration Regulations (EAR) by adding fifteen persons under twenty entries to the Entity List (Supplement No. 4 to Part 744) on the basis of section 744.11 of the EAR. The persons being 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 under the following six destinations on the Entity List: Cyprus, Greece, Iran, Syria, Ukraine, and the United Kingdom (U.K.). In addition, this rule amends the EAR to implement modifications to the Entity List on the basis of the annual review of the Entity List conducted by the End-User Review Committee (ERC), which the ERC conducts to determine if any entities on the Entity List should be removed or modified. This rule implements the results of the annual review for entities located in Syria. Lastly, this rule makes a clarification to an existing entry located in China to clarify the relationship of a listed alias to the existing entry and to provide additional information on the alias.
08/05/11
76 FR 47527
Retrospective Regulatory Review Under E.O. 13563
|| PDF Format
The Bureau of Industry and Security (BIS), Department of Commerce, is currently engaged in the Export Control Reform Initiative. In addition to this effort, and pursuant to President Obamas direction in Executive Order 13563, BIS is conducting a retrospective review of portions of the Export Administration Regulations, Chemical Weapons Convention Regulations, Additional Protocol Regulations, and National Defense Industrial Base Regulations to determine how they might be clarified or streamlined to be more effective or less burdensome. Through this notice, BIS seeks public comments on how it should undertake its retrospective review of regulations.
07/25/11
76 FR 44259
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
|| PDF Format
This rule amends the Export Administration Regulations (EAR) by adding six persons to the Entity List (Supplement No. 4 to Part 744) on the basis of section 744.11 of the EAR. 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 under the following two destinations on the Entity List: Hong Kong and Lebanon. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to parties identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of license exceptions in such transactions is limited.
07/15/11
76 FR 41958
Proposed Revisions to the Export Administration Regulations (EAR): Control of Items the President Determines No Longer Warrant Control under the United States Munitions List (USML)
|| PDF Format
This Export Control Reform (ECR) initiative rule proposes a new regulatory construct for the transfer of items on the USML that, in accordance with section 38(f) of the Arms Export Control Act (AECA)(22 U.S.C. 2778(f)(1)), the President determines no longer warrant control under the AECA and that would be controlled under the EAR once the congressional notification requirements of section 38(f) and corresponding amendments to the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120-130) and its USML and the EAR and its CCL are completed. In addition to proposing a regulatory construct for transferring these items into the CCL, this rule proposes the transfer of an initial tranche of items from USML Category VII (Tanks and Military Vehicles) to the CCL. This rule also proposes amending the EAR to establish a process by which certain items moving from the USML to the CCL would be made eligible for License Exception Strategic Trade Authorization (STA), and proposes EAR amendments related to movement of USML items to the CCL, such as new definitions of relevant terms, including specially designed, end items, parts, and components. Finally, this notice proposes establishing a new holding Export Control Classification Number (ECCN) in which items that warrant a significant level of control, but are not otherwise classified on the CCL, may be temporarily placed. Comments on this proposed rule must be received by BIS no later than September 13, 2011.
07/13/11
76 FR 41046
Addition of the New State of the Republic of South Sudan to the Export Administration Regulations
|| PDF Format
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to add controls on exports and reexports of U.S.-origin dual-use items to a new nation, the Republic of South Sudan. In January 2011, a referendum was held in the region of Southern Sudan to determine whether that region would remain part of Sudan or become a separate, independent nation. On February 7, 2011, the referendum commission announced that the region of Southern Sudan had voted to become a separate nation, effective July 9, 2011. On February 7, 2011, recognizing this historic milestone in the implementation of the Comprehensive Peace Agreement (CPA), President Obama announced the intention of the United States to formally recognize the Republic of South Sudan as a sovereign state in July, 2011. BIS is therefore amending the EAR to reflect the July 9, 2011 formal recognition by adding the new nation, the Republic of South Sudan, to the Commerce Country Chart and including it in Country Group B, which will render the destination eligible for certain export and reexport License Exceptions. The controls that continue to apply to Sudan under the EAR will not apply to the Republic of South Sudan.
07/12/11
76 FR 40804
Technical Amendment to the Authorization Validated End-User Regulations of the Export Administration Regulations
|| PDF Format
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR), Supplement No.7 to Part 748 - Authorization Validated End-User (VEU): List of Validated End-Users, Respective Items Eligible for Export, Reexport and Transfer, and Eligible Destinations - to add a column that lists Federal Register citations for the respective entries. This rule does not make any substantive changes to Supplement No. 7 or elsewhere in the EAR.
07/11/11
76 FR 40602
Paperwork Reduction Act: Updated List of Approved Information Collections and Removal of a Redundant Reporting Requirement
|| PDF Format
This rule adds a publication date in the authority citation paragraph of part 730 of the Export Administration Regulations. It revises the address of the Bureau of Industry and Securitys (BIS) Western Regional Office at two places in the EAR. It updates the table of authorized information collection control numbers in Supplement No. 1 to part 730 of the EAR to reflect consolidation of several authorizations relating to license exceptions and exclusions into a single authorization with a single control number. This rule removes a reporting requirement for certain exports of oil because BIS can now obtain this information from the Automated Export System.
06/28/11
76 FR 37634
Revision to the Validated End-User Authorization for CSMC Technologies Corporation in the Peoples Republic of China
|| PDF Format
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the validated end-user authorization for CSMC Technologies Corporation (CSMC) in the Peoples Republic of China (PRC) by adding an item to the list of items that may be exported, reexported, or transferred (in-country) to CSMCs eligible destinations under Authorization Validated End-User (VEU).
06/28/11
76 FR 37632
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
|| PDF Format
This rule amends the Export Administration Regulations (EAR) by adding eight persons to the Entity List (Supplement No. 4 to Part 744) on the basis of section 744.11 of the EAR. 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 eight persons will be listed under the following three destinations on the Entity List: France, Iran 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 parties identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of license exceptions in such transactions is limited.
06/24/11
76 FR 36986
Export Controls for High Performance Computers: Wassenaar Arrangement Agreement Implementation for ECCN 4A003 and Revisions to License Exception APP
|| PDF Format
This final rule revises the Export Administration Regulations (EAR) 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 2009 WA Plenary Meeting (the Plenary) that relate to Export Control Classification Number (ECCN) 4A003. These changes agreed to at the Plenary pertain to raising the Adjusted Peak Performance (APP) for digital computers in ECCN 4A003. In accordance with the National Defense Authorization Act (NDAA) for FY1998, the Presidents report for High Performance Computers was sent to Congress on February 7, 2011, to set forth the new APP. This rule also makes corresponding revisions to License Exception APP, the de minimis rule, and post shipment verification reporting requirements in the Export Administration Regulations.
This rule also moves Albania and Croatia from Computer Tier 3 to Computer Tier 1 in the section of the EAR dedicated to export control requirements for high performance computers. The Administration believes Albania and Croatia are eligible to be treated as Computer Tier 1 countries because their governments have made the necessary reforms to allow the countries to join the North Atlantic Treaty Organization (NATO), and have adopted accepted global standards in export controls.
06/16/11
76 FR 35276
Export Control Reform Initiative: Strategic Trade Authorization License Exception
|| PDF Format
This rule adds a new license exception to the Export Administration Regulations (EAR) that authorizes the export, reexport, and transfer (in-country) of specified items to destinations that pose relatively low risk that those items will be used for a purpose that license requirements are designed to prevent. Use of the exception is conditioned upon the creation and exchange by the parties to the transaction of notifications and statements designed to provide assurance against diversion of such items to other destinations.
06/14/11
76 FR 34577
Wassenaar Arrangement 2010 Plenary Agreements Implementation: Commerce Control List, Definitions, Reports; Correction
|| PDF Format
This document corrects errors in a final rule published by the Bureau of Industry and Security (BIS) in the Federal Register on Friday, May 20, 2011 that revised the Export Administration Regulations (EAR) by amending entries for certain items that are controlled for national security reasons in Categories 1, 2, 3, 4, 5 Parts I & II, 6, 7, 8, and 9; adding and amending definitions to the EAR; and revising reporting requirements. That final rule contained errors concerning radial ball bearings, as well as editorial mistakes.
05/24/11
76 FR 29998
Removal and Modifications for Persons Listed Under Russia on the Entity List
|| PDF Format
This final rule amends the Export Administration Regulations (EAR) by removing one and revising two Russian entries on the Entity List (Supplement No. 4 to Part 744). This final rule removes the Federal Atomic Power of Russia (Rusatom) (now known as the Russian State Corporation of Atomic Energy (Rosatom)) entry from the Entity List and adds language clarifying that both the All-Russian Scientific Research Institute of Technical Physics (VNIITF) and the All-Russian Scientific Research Institute of Experimental Physics (VNIIEF), which are Rosatom components, remain on the Entity List. In addition, this rule adds additional aliases and revises some of the existing aliases for the two Russian entries that are being retained on the Entity List. These changes will better inform exporters, reexporters, and transferors of the scope of these Entity List-based license requirements. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to parties identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of license exceptions in such transactions is limited.
05/20/11
76 FR 29610
Wassenaar Arrangement 2010 Plenary Agreements Implementation: Commerce Control List, Definitions, Reports
|| PDF Format
This final rule revises the Commerce Control List (CCL) to implement changes made to the Wassenaar Arrangements 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 2010 WA Plenary Meeting (the Plenary). To harmonize the CCL with the changes made to the Wassenaar List at the Plenary, this rule amends entries on the CCL that are controlled for national security reasons in Categories 1, 2, 3, 4, 5 Parts I& II, 6, 7, 8,and 9, revises reporting requirements, and adds and amends definitions in the EAR.
04/29/11
76 FR 23872
Editorial Corrections to the Export Administration Regulations
|| PDF Format
The Bureau of Industry and Security (BIS) publishes this final rule to implement editorial corrections to the Export Administration Regulations (EAR). In particular, this rule corrects the country entry for Syria on the Commerce Country Chart to ensure that the license requirements are accurately represented. In addition, this rule corrects other errors in the Commerce Control List such as inaccurate references, spelling and technical errors, and removes superfluous wording to ensure accuracy in the EAR.
04/20/11
76 FR 22017
Implementation of the Understandings Reached at the 2010 Australia Group (AG) Plenary Meeting and Other AG-Related Clarifications and Corrections to the EAR
|| PDF Format
This rule amends the Export Administration Regulations (EAR) to implement the understandings reached at the June 2010 plenary meeting of the Australia Group (AG). Specifically, this final rule amends Export Control Classification Number (ECCN) 2B350 (Chemical manufacturing facilities and equipment) on the Commerce Control List (CCL) to clarify the meaning of the terms “fluoropolymers” and “ferrosilicon” in connection with the types of “materials” from which certain chemical manufacturing equipment is made. In addition to these AG Plenary changes, this rule revises the listing for “Chlamydia psittaci” in ECCN 1C351.c.7 by updating the name of the bacterium to read “Chlamydophila psittaci (formerly known as Chlamydia psittaci).” This rule also revises the listing for the “Lyssa virus” in ECCN 1C352.a.8 by adding a parenthetical phrase to indicate that the virus is also known as “Rabies.”
04/18/11
76 FR 21628
Implementation of Additional Changes From the Annual Review of the Entity List; Removal of Person Based on Removal Request
|| PDF Format
This rule amends the Export Administration Regulations (EAR) to implement additional changes to the Entity List (Supplement No. 4 to part 744) on the basis of the annual review of the Entity List conducted by the End-User Review Committee (ERC). This rule implements the results of the annual review for entities located in Iran and the United Arab Emirates (U.A.E.). In addition to implementing changes from the annual review, this rule removes one person located in the United Kingdom (U.K.) from the Entity List. This person is being removed from the Entity List as a result of a request for removal submitted by that person, a review of information provided in the removal request in accordance with section 744.16 (Procedure for requesting removal or modification of an Entity List entity), and further review conducted by the End-User Review Committees (ERC) member agencies. This rule makes a clarification to an existing entry located in China to accurately reflect the relationship between two aliases listed under that entry. 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.
03/07/11
76 FR 12279
Amendment to the Export Administration Regulations: Application Processing, Issuance, and Denial
|| PDF Format
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by clarifying the Application Processing, Issuance, and Denial provisions concerning BIS's authority to revise, suspend or revoke licenses.
02/09/11
76 FR 7102
Simplified Network Application Processing System, On-line Registration and Account Maintenance
|| PDF Format
This rule makes changed to the Export Administration Regulations that are needed to implement on-line registration and account maintenance of in the Simplified Network Application Processing
01/25/11
76 FR 4228
U.S.-India Bilateral Understanding: Revisions to U.S. Export and Reexport Controls Under the Export Administration Regulations
|| PDF Format
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement several components of the bilateral understanding between the United States and India announced by President Obama and India's Prime Minister Singh on November 8, 2010. This is the first in a series of rules implementing 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. The two leaders outlined mutual steps to implement an export control reform program. On the part of the United States, these steps include removing India's defense and space-related entities from the Entity List (Supplement No. 4 to part 744 of the EAR) and realigning U.S. export licensing policy toward India by removing India from three country groups in the EAR and adding it to one country group. This rule also makes conforming changes to the EAR consistent with these steps. These reforms reflect India's nonproliferation record and commitment to abide by multilateral export control standards.
01/18/11
76 FR 2802
Additions and Revisions to the List of Validated End-Users in the People's Republic of China: CSMC Technologies Corporation and Advanced Micro Devices China, Inc.
|| PDF Format
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to add one end-user, CSMC Technologies Corporation (CSMC), to the list of validated end-users in the People's Republic of China (PRC). With this rule, exports, reexports, and transfers (in-country) of certain items to three CSMC facilities in the PRC are now authorized under Authorization Validated End-User. In this rule, BIS also amends the EAR to revise the validated end-user authorization for Advanced Micro Devices China, Inc. (AMD) in the PRC by amending the list of buildings associated with one of the company's approved facilities and by updating the description of items eligible for export, reexport, or transfer (in-country) to AMD's approved facilities.
01/07/11
76 FR 1059
Publicly Available Mass Market Encryption Software and Other Specified Publicly Available Encryption Software in Object Code
|| PDF Format
The Bureau of Industry and Security (BIS) is removing from the scope of items subject to the Export Administration Regulations (EAR) “publicly available” mass market encryption object code software with a symmetric key length greater than 64-bits, and “publicly available” encryption object code classified under Export Control Classification Number (ECCN) 5D002 on the Commerce Control List when the corresponding source code meets the criteria specified under License Exception TSU. This change is being made pursuant to a determination by BIS that, because there are no regulatory restrictions on making such software “publicly available,” and because, once it is “publicly available,” by definition it is available for download by any end user without restriction, removing it from the jurisdiction of the EAR will have no effect on export control policy. This action will not result in the decontrol of source code classified under ECCN 5D002, but it will result in a simplification of the regulatory provisions for publicly available mass market software and specified encryption software in object code.
A service of the U.S. Government Printing Office.
Questions or comments.
Exporters should be aware that their foreign customers may be required to obtain import and reexport licenses from their own government whether or not an individually validated U.S. export license is required. BIS strongly encourages U.S. exporters to know whether foreign customers are obligated to obtain licenses. As a best practice, prior to shipment, BIS recommends U.S. exporters provide foreign customers with the Export Control Classification Number (ECCN) of items to be exported and request a copy of any required licenses.
Failure of a foreign customer to honor a request to provide a copy of any required licenses would present a "red flag" that indicates an export may be destined for an inappropriate end use, end user or destination. (For "red flag" guidance, see Supplement No. 3 to Part 732 of the EAR.)
Officials of Hong Kong's and Singapore's trade agencies recently requested that BIS remind U.S. exporters of their licensing requirements. Information on those requirements may be found at:
http://www.tid.gov.hk
Hong Kong Trade and Industry Department website
http://www.customs.gov.hk
Hong Kong Customs and Excise Department website
http://www.customs.gov.sg
Singapore Customs website
Published 2012
Rules published in other years: 2013 | 2012 | 2011 | 2010 | 2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 | 2002 | 2001 | 2000 | 1999 | 1998 | 1997 | 1996
12/07/12
77 FR 72917
Editorial Corrections to the Commerce Control List of the Export Administration Regulations
|| PDF Format
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
|| PDF Format
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
|| PDF Format
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)
|| PDF Format
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
|| PDF Format
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
|| PDF Format
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
|| PDF Format
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
|| PDF Format
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
|| PDF Format
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
|| PDF Format
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
|| PDF Format
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
|| PDF Format
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
|| PDF Format
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
|| PDF Format
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)
|| PDF Format
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)
|| PDF Format
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
|| PDF Format
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
|| PDF Format
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)
|| PDF Format
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
|| PDF Format
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
|| PDF Format
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
|| PDF Format
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
|| PDF Format
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)
|| PDF Format
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
|| PDF Format
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
|| PDF Format
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
|| PDF Format
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
|| PDF Format
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.
A service of the U.S. Government Printing Office.
Questions or comments.