Published 2017
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12/27/17
82 FR 61153
Revisions, Clarifications, and Technical Corrections to the Export Administration Regulations
In this final rule, the Bureau of Industry and Security corrects certain provisions in the Export Administration Regulations (EAR) to provide accurate references and fix typographical errors, and amend several Export Control Classification Numbers (ECCNs) to enhance consistency with the other ECCNs on the Commerce Control List (CCL). The corrections are editorial in nature and do not affect license requirements.
82 FR 60304
Addition of Certain Entities to the Entity List
This rule amends the Export Administration Regulations (EAR) by adding two entities to the Entity List. The two entities 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 two entities will be listed on the Entity List under the destination of Russia.
11/09/17
82 FR 51983
Amendments to Implement United States Policy Toward Cuba
This Bureau of Industry and Security (BIS) rule amends the licensing policy for Cuba and portions of three license exceptions available for exports and reexports to Cuba: License Exceptions Gift Parcels and Humanitarian Donations (GFT), Consumer Communications Devices (CCD), and Support for the Cuban People (SCP). BIS is publishing this rule to implement portions of the National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba, dated June 16, 2017. Specifically, the rule states that BIS generally will deny applications for the export or reexport of items for use by entities or subentities the State Department identifies on its List of Restricted Entities and Subentities associated with Cuba (“Cuba Restricted List”), unless such transactions are determined to be consistent with the Cuba NSPM. Additionally, the rule amends the list of ineligible Cuban government officials in License Exceptions GFT (§ 740.12), CCD (§ 740.19), and SCP (§ 740.21). Lastly, the rule simplifies and expands the provision in License Exception SCP that authorizes certain exports and reexports to the Cuban private sector. This BIS final rule is published in conjunction with the Department of the Treasury, Office of Foreign Assets Control final rule, in which OFAC makes related amendments to the Cuban Assets Control Regulations (31 CFR Part 515). This BIS final rule also is published in conjunction with the Department of State notice setting forththe Cuba Restricted List.
BIS Final Rule
Treasury Final Rule
State Notice
11/01/17
82 FR 50511
Clarifications to the Export Administration Regulations for the Use of License Exceptions
This final rule makes clarifications to the Export Administration Regulations (EAR) to provide guidance based on existing agency understanding and practice on the use of two license exceptions. Specifically, this final rule makes three clarifications to License Exception Governments, International Organizations, International Inspections under the Chemical Weapons Convention, and the International Space Station (GOV) and adds five notes, along with making other minor clarifications, to License Exception Strategic Trade Authorization (STA). These revisions respond to questions BIS has received about the use of these two EAR license exceptions and provide the general public answers to frequently asked questions based on existing agency interpretive practice. Therefore, the clarifications in this final rule do not change the EAR requirements for the use of the license exceptions but are intended to assist exporters new to the EAR.
BIS Final Rule
10/23/17
82 FR 48925
Amendments to Existing Validated End-User Authorization in the People’s Republic of China: Lam Research Service Co., Ltd.
This rule amends the Export Administration Regulations (EAR) to revise the existing Validated End-User (VEU) list for the People’s Republic of China (PRC) by updating the list of eligible destinations (facilities) and eligible items in Supplement No. 7 to part 748 for Lam Research Service Co., Ltd. (Lam). The End-User Review Committee (ERC) reviewed and authorized the amendments to the eligible facilities in response to a request made by Lam and in accordance with established procedures. Changes to the list of eligible items are technical corrections intended to improve clarity. As a consequence of these amendments, the EAR will include an updated and accurate list of eligible items (items that may be exported, reexported and transferred (in-country)), and eligible Lam facilities in the PRC. Publication of this rule supports the VEU program by providing information that assists the exporting public.
BIS Final Rule
10/03/17
82 FR 45959
Updated Statements of Legal Authority for the Export Administration Regulations
This rule updates the authority citations in the Export Administration Regulations (EAR) to cite the President’s Notice of August 15, 2017, 82 FR 39005 (August 16, 2017), which continues the emergency declared in Executive Order 13222 This rule is purely procedural. Its purpose is to keep the authority citation paragraphs in the Code of Federal Regulations current. It does not change any right, prohibition or obligation that applies to any person under the EAR.
BIS Final Rule
9/25/17
82 FR 44514
Removal of Certain Entities from the Entity List; and Revisions of Entries on the Entity List
This rule amends the Export Administration Regulations (EAR) by removing three entities under four entries from the Entity List. This rule removes one entity listed under the destination of Australia, one entity listed under the destination of China, and one entity listed under the destinations of Iran and the United Arab Emirates from the Entity List. The one additional entry is being removed to account for one entity listed under more than one destination on the Entity List. All three of the removals are the result of requests for removal received by BIS pursuant to the section of the EAR used for requesting removal or modification of an Entity List entity and a review of information provided in the removal requests in accordance with the procedure for requesting removal or modification of an Entity List entity. Finally, this final rule modifies five existing entries on the Entity List consisting of five entries under Pakistan to provide additional or modified addresses and/or names for these persons.
BIS Rule
8/15/17
82 FR 38764
Wassenaar Arrangement 2016 Plenary Agreements Implementation
This final rule revises the Commerce Control List (CCL), as well as corresponding parts of the EAR, to implement changes made to the Wassenaar Arrangement List of Dual-Use Goods and Technologies (WA 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 2016 WA Plenary meeting. This rule revises fifty (50) Export Control Classification Numbers (ECCNs), as well as the WA sensitive list (Supp. No. 6 to part 774), Definitions (Part 772) and License Exception APP (§ 740.7).
Effective Date Note:
- This rule raises the High Performance Computer control Adjusted Peak Performance (APP) level from 12.5 to 16 weighted TeraFLOPS (WT) in Items paragraph 4A003.b, which is effective on September 25, 2017.
- This rule also moves Burma from Computer Tier 3 to 1 under License Exception APP, which will be effective November 24, 2017.
- All other revisions in this rule are effective August 15, 2017.
7/07/17
82 FR 31442
Revisions to the Export Administration Regulations Based on the 2016 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 2016 Plenary in Busan, South Korea, and the March 2016 Technical Experts Meeting (TEM) in Luxembourg City, Luxembourg. This final rule revises thirteen Export Control Classification Numbers (ECCNs), adds one ECCN, revises two EAR defined terms (including making other EAR conforming changes for the use of these two terms) and makes conforming EAR changes where needed to implement the changes that were agreed to at the meetings and to better align the missile technology (MT) controls on the Commerce Control List (CCL) with the MTCR Annex.
6/22/17
82 FR 28405
Russian Sanctions: Addition of Certain Entities to the Entity List (0694-AH39)
The Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding ten entities to the Entity List. The ten entities that are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. BIS is taking this action to ensure the efficacy of existing sanctions on the Russian Federation (Russia) for violating international law and fueling the conflict in eastern Ukraine. These entities will be listed on the Entity List under the destinations of the Crimea region of Ukraine and Russia.
6/14/17
82 FR 27108
Wassenaar Arrangement 2015 Plenary Agreements Implementation, Removal of Foreign National Review Requirements, and Information Security Updates; Corrections
The Bureau of Industry and Security (BIS) maintains, as part of its Export Administration Regulations (EAR), the Commerce Control List (CCL), which identifies certain items subject to Department of Commerce jurisdiction. This rule corrects citations, replaces text that was inadvertently removed, and corrects other errors associated with the “Wassenaar Arrangement 2015 Plenary Agreements Implementation, Removal of Foreign National Review Requirements, and Information Security Updates” final rule published on September 20, 2016 (WA15 rule).
5/26/17
82 FR 24242
Addition of Certain Persons and Revisions to Entries on the Entity List
This rule amends the Export Administration Regulations (EAR) by adding sixteen persons to the Entity List. The sixteen 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 sixteen persons will be listed on the Entity List under the destinations of Pakistan, Turkey and the United Arab Emirates. This final rule is also modifying two existing entries in the Entity List under the destinations of China and Hong Kong.
4/18/17
82 FR 18217
Revision to Entry on the Entity This rule amends the Export Administration Regulations (EAR) by
revising one existing entry in the Entity List, under the destination of Russia. The license requirement for the entry is being revised to conform with a general license issued by the Department of the
Treasury’s Office of Foreign Assets Control on February 2, 2017.
4/6/17
82 FR 16730
Revisions to the Unverified List (UVL)
The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding six (6) persons to the Unverified List (the ‘‘Unverified List’’ or UVL); revising two addresses and adding an alternate name, or a.k.a., for one (1) person currently listed on the UVL; and revising three addresses, adding three additional addresses, and adding an alternate name, or a.k.a, for one (1) person currently listed on the UVL. The six persons are being added to the UVL on the basis that BIS could not verify their bona fides because an end-use check could not be completed satisfactorily for reasons outside the U.S. Government’s control. Two addresses are revised for one person currently listed on the UVL to add the official Hong Kong district name. In addition, this rule adds an alternate name for this person. This rule also revises three addresses for an additional person currently listed on the UVL to add the official Hong Kong district names and correct a previous error. Finally, this rule adds three additional addresses and an alternate name for this person, as BIS has determined this person is receiving U.S. exports at additional addresses and using an additional name.
3/29/17
82 FR 15461
Removal of Certain Persons from the Entity List
This rule amends the Export Administration Regulations (EAR) by removing seven persons under ten entries from the Entity List. This rule removes four persons listed under the destination of Germany, one person listed under the destination of Hong Kong, one person listed under the destination of India, one person listed under the destination of Singapore, one person listed under the destination of Switzerland, and two persons under the destination of the United Arab Emirates from the Entity List. The three additional entries are being removed to account for two persons listed under more than one destination on the Entity List. All seven of the removals are the result of requests for removal received by BIS pursuant to the section of the EAR used for requesting removal or modification of an Entity List entity and a review of information provided in the removal requests in accordance with the procedure for requesting removal or modification of an Entity List entity.
3/29/17
82 FR 15458
Removal of Certain Persons from the Entity List; Addition of a Person to the Entity List; and EAR Conforming Change
This rule amends the Export Administration Regulations (EAR) by removing two persons listed under the destination of China from the Entity List. The two removals are the result of a request for removal received by BIS pursuant to the section of the EAR used for requesting removal or modification of an Entity List entry and a review of information provided in the removal request in accordance with the procedure for requesting removal or modification of an Entity List entity. In light of the recent settlement of administrative and criminal enforcement actions against ZTE Corporation and ZTE Kangxun, the End-User Review Committee (ERC) has determined that these two persons being removed have performed their undertakings to the U.S. Government in a timely manner and have otherwise cooperated with the U.S. Government in resolving the matter which led to the two entities’ listing. This final rule also adds one person to the Entity List. This person who is added to the Entity List has been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. This person will be listed on the Entity List under the destination of China. Lastly, this final rule makes a conforming change to the EAR as a result of the removal of these two persons from the Entity List.
2/24/17
82 FR 11505
Temporary General License: Extension of Validity
On March 24, 2016, the Bureau of Industry and Security (BIS) published a final rule, Temporary General License. The March 24 final rule created a temporary general license that restored, for a specified time period, the licensing requirements and policies under the Export Administration Regulations (EAR) for exports, reexports, and transfers (in-country) as of March 7, 2016, to two entities (ZTE Corporation and ZTE Kangxun) that were added to the Entity List on March 8, 2016. At this time, the U.S. Government has decided to extend the temporary general license until March 29, 2017. In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of February 27, 2017, and to substitute the date of March 29, 2017. This final rule makes no other changes to the EAR.
2/1/17
82 FR 8893
Commerce Control List: Removal of Certain Nuclear Nonproliferation (NP) Column 2 Controls – Additional Delay in Implementation of ECCN 3D991 Controls on Certain Software
This final rule extends the delay in the implementation date for classifying and licensing under ECCN 3D991 “software” “specially designed” for the “development,” “production,” or “use” of items previously controlled under ECCN 3A292, as discussed in the BIS final rule, entitled “Commerce Control List: Removal of Certain Nuclear Nonproliferation (NP) Column 2 Controls,” which was published in the Federal Register on November 25, 2016 (81 FR 85138). Pursuant to this final rule, such “software” will continue to be classified and licensed by BIS under the designation EAR99 through March 21, 2017. Beginning on March 22, 2017, such “software” will be classified and licensed by BIS under ECCN 3D991. This action is taken in accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ‘‘Regulatory Freeze Pending Review,’’ which was published in the Federal Register on January 24, 2017 (82 FR 8346).
1/19/17
82 FR 6218
Amendments to the Export Administration Regulations Implementing an Additional Phase of India-U.S. Export Control Cooperation
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement the India–U.S. Joint Statement of June 7, 2016 (June Statement), which recognized the United States and India as Major Defense Partners. This rule amends the EAR by establishing a licensing policy of general approval for exports or reexports to or transfers within India of items subject to the EAR and controlled only for National Security or Regional Stability reasons. In addition, BIS amends the end use and end user provisions of the Validated End User (VEU) authorization to state that items obtained under authorization VEU in India may be used for either civil or military end uses other than those that are for use in nuclear, "missile," or chemical or biological weapons activities.
1/19/17
82 FR 6216
Support Document Requirements With Respect to Hong Kong
This rule requires persons intending to export or reexport to Hong Kong any item subject to the Export Administration Regulations (EAR) and controlled on the Commerce Control List (CCL) for national security (NS), missile technology (MT), nuclear nonproliferation (NP column 1), or chemical and biological weapons (CB) reasons to obtain, prior to such export or reexport, a copy of a Hong Kong import license or a written statement from the Hong Kong government that such a license is not required. This rule also requires persons intending to reexport from Hong Kong any item subject to the EAR and controlled for NS, MT, NP column 1, or CB reasons to obtain a Hong Kong export license or a statement from the Hong Kong government that such a license is not required. The rule is effective on April 19, 2017.
BIS Rule
Frequently Asked Questions
1/17/17
82 FR 4781
Revisions to Sudan Licensing Policy
This rule revises the policy of review for applications for licenses to export or reexport to Sudan certain items that are intended to ensure the safety of civil aviation or the safe operation of fixed-wing, commercial passenger aircraft. Such applications will now be reviewed under a general policy of approval rather than a general policy of denial. This rule also revises the review policy from a general policy of denial to a general policy of approval for applications for licenses to export or reexport to Sudan certain items for use to inspect, design, construct, operate, improve, maintain, repair, overhaul or refurbish railroads in Sudan. This rule does not create any new license requirements or remove any existing license requirements for exports or reexports to Sudan. BIS is making these licensing policy changes in connection with ongoing U.S.-Sudan bilateral engagement, and with the aim of enhancing the safety of Sudan’s civil aviation and improving the country’s railroads. This action takes into account the United States’ goals to improve regional peace and security. This rule also removes two instances of “contract sanctity dates” pertaining to the export and reexport of certain items to Sudan from the EAR that currently serve no practical purpose. BIS is taking these actions in coordination with the Department of the Treasury’s Office of Foreign Assets Control (OFAC), which is amending the Sudanese Sanctions Regulations.
1/13/17
82 FR 4287
Increase of Controls: Infrared Detection Items
On October 12, 2016, the Bureau of Industry and Security (BIS) published a final rule entitled ‘‘Revisions to the Export Administration Regulations (EAR): Control of Fire Control, Laser, Imaging, and Guidance Equipment the President Determines No Longer Warrant Control Under the United States Munitions List (USML).’’ This notice of inquiry is published to request comments from the public on the impact of further increasing certain controls implemented by that final rule. Comments must be received by BIS no later than March 14, 2017.
1/10/17
82 FR 2883
Addition of Certain Persons and Revisions to Entries on the Entity List; and Removal of a Person From the Entity List
This final rule amends the Export Administration Regulations (EAR) by adding five persons to the Entity List. The five 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 five persons will be listed on the Entity List under the destination of Turkey. This final rule also removes one entity from the Entity List under the destination of India as the result of a request for removal received by BIS and a review of information provided in the removal request in accordance with the procedure for requesting removal or modification of an Entity List entity. Finally, this rule is also revising five existing entries in the Entity List, under the destinations of Armenia, Greece, Pakistan, Russia and the United Kingdom (U.K.). Four of these entries are modified to reflect the removal from the Entity List of the entity located in India. The license requirement for the entry under the destination of Russia is being revised to conform with a general license issued by the Department of the Treasury’s Office of Foreign Assets Control on December 20, 2016.
1/10/17
82 FR 2875
Revisions to the Export Administration Regulations (EAR): Control of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control under the United States Munitions List (USML)
This final rule addresses issues raised in, and public comments on, the interim final rule that was published on May 13, 2014, as well as additional clarifications and corrections. The May 13 rule added controls to the EAR for spacecraft and related items that the President has determined no longer warrant control under USML Category XV – spacecraft and related items. This is the third final rule BIS has published related to the May 13 rule and completes the regulatory action for the interim final rule. These changes were also informed by comments received in response to the May 13 rule that included a request for comments, as well as interagency discussions on how best to address the comments. The changes made in this final rule are grouped into four types of changes: (1) changes to address the movement of additional spacecraft and related items from the USML to the CCL, as a result of changes in aperture size for spacecraft that warrant ITAR control, in response to public comments and further U.S. Government review; (2) changes to address the movement of the James Webb Space Telescope (JWST) from the USML to the CCL; (3) other corrections and clarifications to the spacecraft interim final rule; and (4) addition of .y items to Export Control Classification Number 9A515. This final rule is being published in conjunction with the publication of a Department of State, Directorate of Defense Trade Controls (DDTC) final rule, which makes changes, including corrections and clarifications, to the provisions adopted in the State Department’s own May 13, 2014 rule. The State May 13 rule revised USML Category XV to control those articles the President has determined warrant control on the USML. Both May 13 rules and the subsequent related rules are part of the President’s Export Control Reform Initiative. This rule is also part of Commerce’s retrospective regulatory review plan under Executive Order (EO) 13563. This rule is effective on January 15, 2017.
1/4/17
82 FR 722
Addition of Certain Entities to the Entity List
This final rule amends the Export Administration Regulations (EAR) by adding five entities to the Entity List. These five entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. BIS is taking this action in conjunction with the designations made by the Office of Foreign Asset Controls, Department of the Treasury, under amended Executive Order 13694. On December 29, 2016, the President issued an Executive Order Taking Additional Steps To Address The National Emergency With Respect To Significant Malicious Cyber-Enabled Activities, which amended Executive Order 13694. With this action, the existing authorities have been amended to also allow for the imposition of sanctions on individuals and entities determined to be responsible for tampering, altering, or causing the misappropriation of information with the purpose or effect of interfering with or undermining election processes or institutions. Five entities and four individuals are identified in the Annex of the amended Executive Order and have been added to OFAC’s list of Specially Designated Nationals and Blocked Persons (SDN List). BIS, pursuant to Executive Order 13694, as amended, and in consultation with the Departments of State, Defense, Energy, and the Treasury, has designated five of these entities for addition to the Entity List. This EAR final rule lists these entities on the Entity List under the destination of Russia.
Willard Fisher EAR Website Update (re: publication of NP2 final rule - additional delay in implementation of ECCN 3D991 controls on certain software) Thu 9:16 PM 235 KB