Federal Register Notices 2011

rules

Published 2011

Rules published in other years: 2013 | 2012 

Publication
Date
Federal Register
Citation
Title of Federal Register
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)
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)
12/16/11 76 FR 78146 Addition of Certain Persons to the Entity List; and Implementation of Entity List Annual Review Changes
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
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
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)
11/21/11 76 FR 71867 Addition of Certain Persons to the Entity List; and Implementation of Entity List Annual Review Changes
11/14/11 76 FR 70337 Exports and Reexports to the Principality of Liechtenstein
11/09/11 76 FR 69609 Amendment to Existing Validated End-User Authorizations in the People’s Republic of China: National Semiconductor Corporation and Semiconductor Manufacturing International Corporation
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)
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
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
09/21/11 76 FR 58396 Editorial Correction to the Export Administration Regulations
09/21/11 76 FR 58393 Updated Statements of Legal Authority for the Export Administration Regulations
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
09/06/11 76 FR 54928 Export Administration Regulations: Netherlands Antilles, Curaçao, Sint Maarten and Timor-Leste
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
08/05/11 76 FR 47527 Retrospective Regulatory Review Under E.O. 13563
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
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)
07/13/11 76 FR 41046 Addition of the New State of the Republic of South Sudan to the Export Administration Regulations
07/12/11 76 FR 40804 Technical Amendment to the Authorization Validated End-User Regulations of the Export Administration Regulations
07/11/11 76 FR 40602 Paperwork Reduction Act: Updated List of Approved Information Collections and Removal of a Redundant Reporting Requirement
06/28/11 76 FR 37634 Revision to the Validated End-User Authorization for CSMC Technologies Corporation in the People’s Republic of China
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
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
06/16/11 76 FR 35276 Export Control Reform Initiative: Strategic Trade Authorization License Exception
06/14/11 76 FR 34577 Wassenaar Arrangement 2010 Plenary Agreements Implementation: Commerce Control List, Definitions, Reports; Correction
05/24/11 76 FR 29998 Removal and Modifications for Persons Listed Under Russia on the Entity List
05/20/11 76 FR 29610 Wassenaar Arrangement 2010 Plenary Agreements Implementation: Commerce Control List, Definitions, Reports
04/29/11 76 FR 23872 Editorial Corrections to the Export Administration Regulations
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
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
03/07/11 76 FR 12279 Amendment to the Export Administration Regulations: Application Processing, Issuance, and Denial
02/09/11 76 FR 7102 Simplified Network Application Processing System, On-line Registration and Account Maintenance
01/25/11 76 FR 4228 U.S.-India Bilateral Understanding: Revisions to U.S. Export and Reexport Controls Under the Export Administration Regulations
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.
01/07/11 76 FR 1059 Publicly Available Mass Market Encryption Software and Other Specified Publicly Available Encryption Software in Object Code

 


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)
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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)
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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
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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
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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
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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)
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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
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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
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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 Liechtenstein’s 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 People’s Republic of China: National Semiconductor Corporation and Semiconductor Manufacturing International Corporation
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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)
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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 Administration’s 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
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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
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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
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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
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This rule updates the Code of Federal Regulations legal authority citations for the Export Administration Regulations (EAR) to include the citation to the President’s Notice of August 12, 2011—Continuation 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
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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
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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
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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
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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 Obama’s 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
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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)
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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
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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
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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
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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 Security’s (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 People’s Republic of China
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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 People’s Republic of China (PRC) by adding an item to the list of items that may be exported, reexported, or transferred (in-country) to CSMC’s 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
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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
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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 President’s 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
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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
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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
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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
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This final rule revises 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 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
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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
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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
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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 Committee’s (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
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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
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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
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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.
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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
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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.

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