Federal Register Notices 2016

Details

 

 
rules

Published 2016

Rules published in other years: 2015 | 2014 | 2013 | 2012 |  2011 

Publication Date Federal Register Citation Title of Federal Register

4/4/2016

81 FR 19026

Revisions to the Export Administration Regulations Based on the 2015 Missile Technology Control Regime Plenary Agreements

3/24/2016

81 FR 15633

Temporary General License

3/21/2016

81 FR 14953

Addition of Certain Persons and Modification of Certain Entries to the Entity List; and Removal of Certain Persons from the Entity List

3/16/2016

81 FR 13972

Cuba Licensing Policy Revisions

3/8/2016

81 FR 12004

Additions to the Entity List

2/29/2016

81 FR 10083

Updated Legal Authority Citations

2/23/2016

81 FR 8825

Addition of Certain Persons and Modification of Certain Entries to the Entity List; and Removal of Certain Persons from the Entity List

2/19/2016

81 FR 8421

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

2/9/2016

81 FR 6791

Clarifications and Revisions to Military Aircraft, Gas Turbine Engines and Related Items License Requirements

1/27/2016

81 FR 4580

Cuba Licensing Policy Revisions

 



4/2/16
81 FR 1902

Revisions to the Export Administration Regulations Based on the 2015 Missile Technology Control Regime Plenary Agreements


This final rule amends the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the October 2015 Plenary in Rotterdam, Netherlands, and the April 2015 Technical Experts Meeting (TEM) in Bern, Switzerland.  This final rule makes conforming changes to correlate the Commerce Control List (CCL) (Supplement No. 1 to Part 774 of the EAR) and other EAR provisions with the current MTCR Annex.  This final rule revises six Export Control Classification Numbers (ECCNs) to implement the changes that were agreed to at the meetings and to better align the MT controls on the CCL with the MTCR Annex.  In addition, this final rule makes a change to MT licensing policy to be consistent with the MTCR Annex General Minimum Software Note and the MTCR Annex General Technology Note that specify that a license for MT controlled items should also authorize certain minimum “software” and “technology.”  This final rule also adds a new paragraph to the section of the EAR that specifies which changes to a license are considered “non-material.”  This amendment will facilitate this rule’s revised MT licensing policy, which will apply to all licenses for MT controlled items, except when excluded by a license condition.

Final Rule

 



3/24/16
81 FR 15633

Temporary General License

This final rule amends the Export Administration Regulations (EAR) by adding Supplement No. 7 to Part 744 to the EAR to create a temporary general license to specify that “notwithstanding the requirements and other provisions of Supplement No. 4 to part 744, which became effective on March 8, 2016, the licensing and other requirements in the EAR as of March 7, 2016, pertaining to exports, reexports, and transfers (in-country) of items “subject to the EAR” to Zhongxing Telecommunications Equipment (ZTE) Corporation, ZTE Plaza, Keji Road South, Hi-Tech Industrial Park, Nanshan District, Shenzhen, China, and ZTE Kangxun Telecommunications Ltd., 2/3 Floor, Suite A, ZTE Communication Mansion Keji (S) Road, Hi-New Shenzhen, 518057 China, are restored as of March 24, 2016 and through June 30, 2016.  Thus, for example, the authority of NLR or a License Exception that was available as of March 7, 2016, may be used as per this temporary general license.  The temporary general license is renewable if the U.S. Government determines, in its sole discretion, that ZTE Corporation and ZTE Kangxun are timely performing their undertakings to the U.S. Government and otherwise cooperating with the U.S. Government in resolving the matter.”

BIS Rule


3/21/16
81 FR 14953

Addition of Certain Persons and Modification of Certain Entries to the Entity List; and Removal of Certain Persons from the Entity List

This rule amends the Export Administration Regulations (EAR) by adding forty-four persons under forty-nine entries to the Entity List.  The forty-four persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States.  These forty-four persons will be listed on the Entity List under the destinations of China, Germany, Hong Kong, India, Iran, Malaysia, the Netherlands, Singapore, Switzerland, and the United Arab Emirates (U.A.E.). This final rule also removes five entities from the Entity List under the destinations of Ukraine and the U.A.E., as the result of requests for removal received by BIS, a review of information provided in the removal requests in accordance with the procedure for requesting removal or modification of an Entity List entity and further review conducted by the End-User Review Committee (ERC). Finally, this final rule modifies two existing entries in the Entity List, both under the destination of China. These entries are being modified to reflect additional aliases and addresses for these persons. BIS implements this rule to protect U.S. national security or foreign policy interests and to ensure entries on the Entity List are accurate and up-to-date.

BIS Rule

 


3/16/16
81 FR 13972

Cuba Licensing Policy Revisions

This rule revises the EAR to allow cargo on a vessel that is on temporary sojourn to Cuba to transit Cuba on that vessel under a license exception.  It also allows license exception shipment of EAR99 items and items controlled for antiterrorism reasons only to persons authorized by the Office of Foreign Assets Control to establish and maintain a physical or business presence in Cuba.  Finally, it adopts a policy of case-by-case review for items that would enable or facilitate exports from Cuba of items produced by the private sector.  This rule was published simultaneously with a Department of the Treasury, Office of Foreign Assets Control rule that amended the Cuban Assets Control Regulations.

BIS Rule Treasury Rule


3/8/16
81 FR 12004

Additions to the Entity List (Final Rule)

This final rule amends the Export Administration Regulations (EAR) by adding four entities to the Entity List.  The U.S. Government has determined that the four entities are acting contrary to the national security or foreign policy interests of the United States.  The four entities will be listed on the Entity List under the destinations of People’s Republic of China (China) and Iran.

Entity List Rule



2/29/16
81 FR 10083

Updated Legal Authority Citations

This rule updates the Code of Federal Regulations (CFR) legal authority citations in the National Security Industrial Base Regulations (NSIBR) and the Export Administration Regulations (EAR). The updates reflect recent editorial reclassifications within the United States Code, the repeal of certain statutory authorities, the continuation of an emergency declared in an executive order, and minor stylistic edits.  This is a non-substantive rule that only updates legal authority paragraphs of the NSIBR and the EAR.  It does not alter any right, obligation or prohibition that applies to any person under the NSIBR or the EAR.

PDF Format



2/23/16
81 FR 8825

Addition of Certain Persons and Modification of Certain Entries to the Entity List; and Removal of Certain Persons from the Entity List

This rule amends the Export Administration Regulations (EAR) by adding eight persons under eight entries to the Entity List.  The eight persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States.  These eight persons will be listed on the Entity List under the destination of the United Arab Emirates (U.A.E.).  This final rule also removes nine persons from the Entity List, as the result of a request for removal submitted by these persons, a review of information provided in the removal request in accordance with the procedure for requesting removal or modification of an Entity List entity and further review conducted by the End-User Review Committee (ERC). Finally, this rule is also revising six existing entries in the Entity List.  One entry under Iran is modified to correct the entry by updating the Federal Register citation.  Five entries on the Entity List under the destinations of Armenia, Greece, India, Pakistan and the United Kingdom (U.K.) are modified to reflect a removal from the Entity List.

Entity List Rule


2/19/16
81 FR 8421

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

This proposed rule describes how articles the President determines no longer warrant control under Category XII (Fire Control, Laser, Imaging, and Guidance and Control Equipment) of the United States Munitions List (USML) of the International Traffic in Arms Regulations (ITAR) would be controlled under the Commerce Control List (CCL) of the Export Administration Regulations (EAR) by amending Export Control Classification Number (ECCN) 7A611 and creating new “600 series” ECCNs 7B611, 7D611, and 7E611.  In addition, for certain dual-use infrared detection items, this proposed rule would expand controls for certain software and technology, eliminate the use of some license exceptions, revise licensing policy, and expand license requirements for certain transactions involving military end users or foreign military commodities.  This proposed rule would also harmonize provisions within the EAR by revising controls related to certain quartz rate sensors and uncooled thermal imaging cameras.

BIS Rule State Rule

 


2/9/16
81 FR 6791

Clarifications and Revisions to Military Aircraft, Gas Turbine Engines and Related Items License Requirements

This proposed rule would add clarifying text to the descriptions of the types of military aircraft controlled on the Commerce Control List.  The lists of items that are subject only to the anti-terrorism reason for control would be clarified and expanded.  This proposed rule was published simultaneously with a Department of State proposed rule that would make related changes to Categories VIII and XIX of the United States Munitions List.  Comments on these proposed rules are due no later than March 25, 2016.

BIS Rule State Rule

 


  

1/27/16
81 FR 4580

Cuba Licensing Policy Revisions

This amends the general policy of denial that applies applications for licenses to export or reexport to Cuba.  It provides a general policy of approval for five types of transactions and a policy of case-by-case review for items to meets the needs of the Cuban people even in instances where the Cuban government is the consignee.  This rule does not make any changes to license requirements or to license exception availability.  It was published simultaneously with a Department of the Treasury, Office of Foreign Assets Control rule that amended the Cuban Assets Control Regulations.

BIS Rule Treasury Rule