rules

Published 2015

Rules published in other years: 2018 | 2017 | 2016 | 2014 | 2013 | 2012 | 2011 

Publication Date Federal Register Citation Title of Federal Register

 12/28/15

 80 FR 80643

Russian Sanctions: Addition of Certain Persons to the Entity List

 12/26/15

 80 FR 80710

Guidance on Charging and Penalty Determinations in Settlemetn of Administrative Enforcement Cases, Revisions of Supplement No. 1 to Part 766 of the Export Administration Regulations

  12/09/15 

 80 FR 76383

Updated Statements of Legal Authority for the Export Administration Regulations

  12/03/15 

 80 FR 75633

Wassenaar Arrangement 2014 Plenary Agreements Implementation and Country Policy Amendments; Correction

  11/16/15 

 80 FR 70676

Amendment to the Export Administration Regulations to Add XBS Epoxy System to the List of 0Y521 Series; Technical Amendment to Update Other 0Y521 Items

  11/12/15 

  80 FR 69852 

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

  10/28/15 

  80 FR 65931 

Amendments to Existing Validated End-User Authorizations in the People’s Republic of China

  10/09/15 

 80 FR 61137

Commerce Control List: Request for Comments Regarding Controls on Military Vehicles, Vessels of War, Submersible Vessels, Oceanographic Equipment, and Auxiliary and Miscellaneous Military Equipment.

  10/07/15 

 80 FR 60529

Revisions to the Unverified List (UVL)

 9/21/15

  80 FR 56898 

Enhancing Support for the Cuban People

 9/18/15

 80 FR 34266

Implementation of the Australia Group (AG) November 2013 Intersessional Decisions; Correction

 9/02/15

 80 FR 52962

Availability for Consumer Communications Devices and Licensing Policy for Civil Telecommunications-Related Items Such as Infrastructure Regarding Sudan; Correction

 9/02/15

 80 FR 52963

Addition of Certain Persons to the Entity List

 8/26/15

  80 FR 51725 

Export Administration Regulations: Removal of Special Comprehensive License Provisions (final rule)

 8/07/15

 80 FR 47402

Russian Sanctions: Addition to the Entity List to Prevent Violations of Russian Industry Sector Sanctions (final rule)

 7/28/15

 80 FR 44846

Addition of Certain Persons to the Entity List; and Removal of Certain Persons from the Entity List Based on Removal Requests

 7/22/15

  80 FR 43314 

Cuba: Implementing Recission of State Sponsor of Terrorism Designation

 7/13/15

   80 FR 39950  

Clarifications and Corrections 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)

 6/17/15

 80 FR 34562

Commerce Control List:  Addition of Items Determined to No Longer Warrant Control under United States Munitions List Category XIV (Toxicological Agents) or Category XVIII (Directed Energy Weapons)

 6/16/15

 80 FR 34266

Implementation of the Australia Group (AG) November 2013 Intersessional Decisions

 6/04/15

 80 FR 31834

Addition of Certain Person to the Entity List (final rule)

 6/03/15

 80 FR 31505

Revisions to Definitions in the Export Administration Regulations (proposed rule)

 5/22/15

 80 FR 29529

Updated Statements of Legal Authority for the Export Administration Regulations.

 5/22/15

 80 FR 29530

Russian Sanctions:  Revisions and Clarifications for Licensing Policy for the Crimea Region of Ukraine (final rule)

 5/22/15

 80 FR 29554

Additional Improvements and Harmonization of Export Clearance Provisions (advanced notice of proposed rulemaking)

 5/22/15

 80 FR 29551

Revisions to the Export Administration Regulations (EAR):  Harmonization of the Destination Control Statements (proposed rule)

 5/21/15

 80 FR 29431

Wassenaar Arrangement 2014 Plenary Agreements Implementation and Country Policy Amendments  (final rule)
 5/20/15

  80 FR 28853 

Wassenaar Arrangement 2013 Plenary Agreements Implementation: Intrusion and Surveillance Items (proposed rule with request for comments)
 5/05/15

  80 FR 25798 

Revisions to the Export Administration Regulations (EAR): Control of Fire Control, Range Finder, Optical, and Guidance and Control Equipment the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
4/23/15

  80 FR 22638 

Addition of Certain Persons to the Entity List
4/07/15

 80 FR 18522

Revisions to the Export Administration Regulations Based on the 2014 Missile Technology Control Regime Plenary Agreements
3/13/15

 80 FR 13210

Revisions to Support Document Requirements for License Applications under the Export Administration Regulations
3/5/15  80 FR 11863 BIS Rule - Amendment to Existing VEU Authorization in the PRC-Samsung China Semiconductor
3/2/15  80 FR 11315 Notice of Inquiry Request for Comments Regarding Controlss on Military Aircraft and Military Gas Turbine Engines
2/18/15 80 FR 8524 Addition of Certain Persons to the Entity List; and Removal of Person from the Entity List Based on Removal Request
2/18/15 80 FR 8520 Revisions to License Exception Availability for Consumer Communications Devices and Licensing Policy for Civil Telecommunications-Related Items Such as Infrastructure Regarding Sudan
2/18/15 80 FR 8519 Updated Statements of Legal Authority for the Export Administration Regulations To Include Presidential Notice of January 21, 2015  
2/9/15 80 FR 6948

Notice of Foreign Availability Determination on Dry Etch Equipment

1/29/15 80 FR 4779 Revisions to the Unverified List (UVL)
1/29/15 80 FR 4776 Russian Sanctions: Licensing Policy for the Crimea Region of Ukraine
1/23/15 80 FR 3463 U.S.-India Bilateral Understanding: Additional Revisions to the U. S. Export and Reexport Controls Under the Export Administration Regulations
1/16/15 80 FR 2286 BIS Cuba Rule as printed in FR 2015-00590

 

 


 

              12/28/15
80 FR 80643

Russian Sanctions:  Addition of Certain Persons to the Entity List

PDF Format

The Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding sixteen persons under seventeen entries 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.  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 persons will be listed on the Entity List under the destinations of the Crimea region of Ukraine, Cyprus, Luxembourg, Panama, Russia, Switzerland, and the United Kingdom.  Lastly, this final rule includes a clarification for how entries that include references to § 746.5 on the Entity List are to be interpreted.

 


              12/26/15
80 FR 80710

Guidance on Charging and Penalty Determinations in Settlement of Administrative Enforcement Cases, Revision of Supplement No. 1 to Part 766 of the Export Administration Regulations

PDF Format

This proposed rule would revise Supplement No. 1 to Part 766 of the Export Administration Regulations setting forth the factors BIS considers when setting penalties in settlements of administrative enforcement cases and when deciding whether to pursue administrative charges or settle allegations of EAR violations. Comments on this proposed rule are due no later than February 26, 2016.

 


               12/09/15
80 FR 76383

Updated Statements of Legal Authority for the Export Administration Regulations.

PDF Format

This rule updates the Code of Federal Regulations (CFR) legal authority citations in the Export Administration Regulations (EAR) to cite the most recent Presidential notice continuing an emergency declared pursuant to the International Emergency Economic Powers Act.  This is a non-substantive rule that only updates authority paragraphs of the EAR.  It does not alter any right, obligation or prohibition that applies to any person under the EAR.

 


 

              12/03/15
80 FR 75633

Wassenaar Arrangement 2014 Plenary Agreements Implementation and Country Policy Amendments; Correction

PDF Format

This correction rule revises the Commerce Country Chart by implementing revisions that BIS inadvertently omitted from the "Wassenaar Arrangement 2014 Plenary Agreements Implementation and Country Policy Amendments" rule published on May 21, 2015 (80 FR 29442) ("May 21 rule"), for Argentina and South Africa. This rule also implements the Wassenaar Arrangement (WA) agreement to make a clarification to the control text for rebreathing equipment that BIS inadvertently did not make in the May 21 rule. A license requirement note indicating jurisdiction is corrected and a related control note is clarified in an entry on the CCL controlling space launch vehicles and "spacecraft," "space buses," "spacecraft payloads," etc., as the range of the reference was incorrectly stated in the May 21 rule. The reference concerning jurisdiction for "specially designed" parts, components, systems and structures, for launch vehicles, launch vehicle propulsion systems or "spacecraft" is corrected in the CCL entry controlling such items in this rule.

In addition, this rule makes one minor correction to remove Fiji from Column D:5 "U.S. Arms Embargoed Countries," as well as from Country Group D, because Fiji is not listed under any other column within Country Group D and because the Department of State published a final rule that revised the International Traffic in Arms Regulations (ITAR) to rescind the previous policy of denying the export of defense articles and defense services to Fiji.

Lastly, this rule removes an outdated reference in the Definitions part of the EAR.

 


 

 

               11/16/15
80 FR 70676

Amendment to the Export Administration Regulations to Add XBS Epoxy System to the List of 0Y521 Series; Technical Amendment to Update Other 0Y521 Items

PDF Format

In this interim final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to make certain items subject to the EAR and to impose on those items a license requirement for export and reexport to all destinations, except Canada.  Specifically, this rule classifies the specified XBS Epoxy System under Export Control Classification Number (ECCN) 0C521 on the Commerce Control List (CCL).  As described in the final rule that established the 0Y521 series and that was published in the Federal Register on April 13, 2012, items are added to the 0Y521 series upon a determination by the Department of Commerce, with the concurrence of the Departments of Defense and State, that the items should be controlled for export because the items provide at least a significant military or intelligence advantage to the United States or foreign policy reasons justify control.  The items identified in this rule are controlled for regional stability (RS) Column 1 reasons.  The only license exception available for these items is for exports, reexports, and transfers (in-country) made by or consigned to a department or agency of the U.S. Government.  In this rule, BIS also removes technology and software related to aircraft wing folding systems. Comments are requested on the addition of the 0C521 item only and must be received by January 15, 2016.

 


               11/12/15
80 FR 69852

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

This rule amends the Export Administration Regulations (EAR) by adding seven persons under ten entries to the Entity List. The seven persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed on the Entity List under the destinations of China and Hong Kong. This final rule also removes two persons from the Entity List. One entity requested removal from the Entity List in accordance with the procedure for requesting removal or modification of an Entity List entity. The End-User Review Committee (ERC) decided to remove this entity following a review of information provided in the removal request. The ERC decided to remove a second person from the Entity List following a proposal submitted by an ERC member agency, in accordance with the procedure for requesting removal or modification of an Entity List entity. Finally, this final rule modifies ten existing entries on the Entity List consisting of one entry under China and nine entries under Hong Kong to provide additional or modified addresses and/or aliases for these persons.

 


 

              10/28/15
80 FR 65931

Amendments to Existing Validated End-User Authorizations 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 authorizations for Validated End Users Advanced Micro-Fabrication Equipment, Inc., China (AMEC) and Applied Materials (China), Inc. (AMC) in the People’s Republic of China (PRC). Specifically, BIS amends Supplement No. 7 to Part 748 of the EAR to add one item to AMEC’s list of eligible items that may be exported, reexported or transferred (in country) to the company’s eligible facility in the PRC, and to add a facility and an item to Validated End User AMC’s list of eligible destinations and eligible items.

 


               

10/09/15
80 FR 61137

Commerce Control List: Request for Comments Regarding Controls on Military Vehicles, Vessels of War, Submersible Vessels, Oceanographic Equipment, and Auxiliary and Miscellaneous Military Equipment

PDF Format

State Department Notice

The Bureau of Industry and Security, U.S. Department of Commerce, and the Directorate of Defense Trade Controls, U.S. Department of State, are each seeking public comments on the implementation of export control reform with respect to military vehicles (USML Category VII and ECCNs 0A606, 0B606, 0C606, 0D606, and 0E606); vessels of war (USML Category VI and ECCNs 8A609, 8B609, 8C609, 8D609, and 8E609); submersible vessels and oceanographic equipment (USML Category XX and ECCNs 8A620, 8B620, 8D620, and 8E620); and auxiliary and miscellaneous military equipment (USML Category XIII and ECCNs 0A617, 0B617, 0C617, 0D617, and 0E617). Comments are due no later than December 8, 2015.

 


               

10/07/15
80 FR 60529

Revisions to the Unverified List (UVL)

PDF Format

The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding twelve (12) persons to the Unverified List (the ‘‘Unverified List’’ or UVL), adding additional addresses for four (4) persons currently listed on the UVL, and removing two (2) persons from the UVL. The 12 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. New addresses are added for four current UVL persons because BIS has determined they are receiving U.S. exports at addresses not previously included in their UVL listings. Finally, two persons are removed from the UVL based on BIS’s ability to verify those person’s bona fides through the successful completion of end-use checks.

 


              

9/21/15
80 FR 56898

Enhancing Support for the Cuban People

This rule amends the Export Administration Regulations (EAR) to expand the scope of License Exception Support for the Cuban People (SCP) to facilitate engagement between the U.S. and Cuban people; the free flow of information to, from, and among the Cuban people; and independent economic activity generated by Cuba’s private sector. It also makes temporary sojourns of most vessels to Cuba eligible for License Exception Aircraft, Vessels and Spacecraft (AVS). Additionally, this rule creates a case-by-case review policy of license applications to export and reexport to Cuba items to ensure the safety of civil aviation and safe operation of commercial passenger aircraft. Finally, it amends the deemed export and deemed reexport license requirements for releases of technology and source code to Cuban nationals. This rule was published simultaneously with a related Department of the Treasury, Office of Foreign Assets Control Rule.

BIS Rule Treasury Rule


              

9/18/15
80 FR 34266

Implementation of the Australia Group (AG) November 2013 Intersessional Decisions; Correction

PDF Format

This technical corrections rule amends the Export Administration Regulations (EAR) to correct typographical errors contained in a final rule published in the Federal Register on June 16, 2015 (80 FR 34266).  That final rule amended the EAR to implement the recommendations presented at the November 2013 Australia Group (AG) intersessional implementation meeting and later adopted pursuant to the AG silent approval procedure.

 


09/02/15 
              

Availability for Consumer Communications Devices and Licensing Policy for Civil Telecommunications-Related Items Such as Infrastructure Regarding Sudan; Correction

PDF Format

This rule makes certain consumer communications devices eligible for temporary export and reexport to Sudan as tools of trade under license exception TMP.

 



              

09/02/15 
80 FR 52963

Addition of Certain Persons to the Entity List

PDF Format

This final rule amends the Export Administration Regulations (EAR) by adding twenty-nine persons under thirty-three entries to the Entity List.  The twenty-nine 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.  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 persons will be listed on the Entity List under the destinations of Crimea region of Ukraine, Cyprus, Finland, Romania, Russia, Switzerland, Ukraine, and the United Kingdom.  This final rule also revises the reference to Crimea (occupied) on the Entity List to conform to other references in the EAR that refer to the Crimea region of Ukraine.

 


              

8/26/15
80 FR 51725

Export Administration Regulations: Removal of Special Comprehensive License Provisions

PDF Format

In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by removing the Special Comprehensive License (SCL) authorization. Based on changes to the EAR as part of Export Control Reform, BIS concludes that the SCL has outlived its usefulness to the exporting public since recent changes to the EAR permit exporters to accomplish similar results using individual licenses and without undertaking the more onerous SCL application. This rule also makes conforming amendments. These changes are part of BIS’s efforts to further update export controls under the EAR consistent with the Retrospective
Regulatory Review Initiative that directs BIS and other federal agencies to streamline regulations and reduce unnecessary regulatory burdens on the public. This rule is effective September 25, 2015.

 



              

08/07/15 
80 FR 47402

Russian Sanctions: Addition to the Entity List to Prevent Violations of Russian Industry Sector Sanctions

PDF Format

This final rule amends the Export Administration Regulations (EAR) to further implement U.S. sanctions on certain Russian energy projects. Specifically, in this rule, the Bureau of Industry and Security (BIS)
amends the EAR by adding a Russian oil and gas field, the Yuzhno-Kirinskoye Field located in the Sea of Okhotsk, to the Entity List. This Russian field is reported to contain substantial reserves of oil in addition to reserves of gas. The U.S. Government has determined, therefore, that exports, reexports, and transfers (in-country) of all items subject to the EAR to this Russian field by any person without first obtaining a BIS license present an unacceptable risk of use in, or diversion to, the activities specified in the Russian industry sector sanctions. Thus, as part of the BIS ‘‘is informed’’ process, this final rule adds this Russian field to the Entity List to further implement the Russian industry sector sanctions. This Russian field will be listed on the Entity List under the destination of Russia. This final rule clarifies the introductory text of the Entity List to specify that the embargoes and other special controls part of the EAR is also used to add entities to the Entity List. Lastly, this final rule makes a change to the Russian industry sector sanctions by clarifying the additional prohibition on those informed by BIS also includes end-uses that are within the scope of the Russian Industry sector sanctions.

 



              

07/28/15
80 FR 44846

Addition of Certain Persons to the Entity List; and Removal of Certain Persons from the Entity List Based on Removal Requests

PDF Format

This final rule amends the Export Administration Regulations (EAR) by adding ten persons to the Entity List.  The ten persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States.  These ten persons will be listed on the Entity List under the destinations of China and South Korea.  This final rule also removes four persons from the Entity List, as the result of requests for removal submitted by these persons, 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).

 



              

07/22/15
80 FR 43314

Cuba: Implementing Rescission of State Sponsor of Terrorism Designation

PDF Format

This rule amends the Export Administration Regulations (EAR) to implement the rescission of Cuba’s designation as a State Sponsor of Terrorism.  Specifically, this rule removes anti-terrorism (AT) license requirements from Cuba and eliminates references to Cuba as a State Sponsor of Terrorism, but maintains preexisting license requirements for all items subject to the EAR unless authorized by a license exception.  This rule also removes Cuba from Country Group E:1 (terrorist supporting countries), which makes Cuba eligible for a general 25 percent de minimis level and portions of four license exceptions.  The Secretary of State rescinded the designation of Cuba as a State Sponsor of Terrorism on May 29, 2015.

 


 


              

07/13/15
80 FR 39950

Clarifications and Corrections 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)

PDF Format

This final rule makes additional clarifications and corrections to the interim final rule that was published on May 13, 2014. The May 13 rule added controls to the Export Administration Regulations (EAR) for spacecraft and related items that the President has determined no longer warrant control under United States Munitions List (USML) Category XV – spacecraft and related items. The changes included in this final rule are limited to corrections and clarifications to what was included in the interim final rule. This is the second corrections and clarifications rule BIS has published for the May 13 rule. These corrections and clarifications were also informed by comments received in response to the May 13 rule that included a request for comments. The corrections and clarifications to the May 13 rule are also part of Commerce’s retrospective regulatory review plan under Executive Order (EO) 13563.

 


 

                

 

80 FR 34562
6/17/15

Commerce Control List:  Addition of Items Determined to No Longer Warrant Control under United States Munitions List Category XIV (Toxicological Agents) or Category XVIII (Directed Energy Weapons).

BIS Rule PDF Format

State Department Rule PDF Format

This proposed rule indicates how articles the President determines no longer warrant control under Category XIV (Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment) or Category XVIII (Directed Energy Weapons) of the United States Munitions List (USML) would be controlled under the Commerce Control List (CCL).  The affected Category XIV articles consist primarily of dissemination, detection and protection “equipment” and related articles and would be controlled under new Export Control Classification Numbers (ECCNs) 1A607, 1B607, 1C607, 1D607, and 1E607, as proposed by this rule.  The affected Category XVIII articles consist primarily of tooling, production “equipment,” test and evaluation “equipment,” test models and related articles and would be controlled under new ECCNs 6B619, 6D619 and 6E619, as proposed by this rule.  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 Categories XIV and XVIII (see 80 FR 34572).  The public comment period for each of these proposed rules closes on Monday, August 17, 2015.

 


              

 

80 FR 34266
6/16/15

Implementation of the Australia Group (AG) November 2013 Intersessional Decisions

PDF Format

This rule amends the Export Administration Regulations (EAR) to implement the recommendations presented at the Australia Group (AG) Intersessional meeting held in Budapest, Hungary, on November 18-22, 2013, and adopted pursuant to the AG silent approval procedure in January/February 2014.  Specifically, this rule removes ECCN 1C352 and merges the animal pathogens previously controlled under this ECCN with the human pathogens and toxins controlled under ECCN 1C351.  In addition, this rule revises the controls in ECCN 2B350.g on valves, casings (valve bodies) designed for such valves, and preformed casing liners designed for such valves.  This rule also makes additional AG-related changes, consistent with the scope of the AG common control lists.  This rule does not contain changes based on the understandings reached at the June 2014 AG Plenary meeting, because no amendments to the EAR were required as a result of these understandings.

 


              

 

80 FR 31834
6/04/15

Addition of Certain Person to the Entity List

PDF Format

This final rule amends the Export Administration Regulations (EAR) by adding one person to the Entity List.  The person who is added to the Entity List is located in Ecuador and 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 Ecuador.

 


              

 

80 FR 31505
6/03/15

Revisions to Definitions in the Export Administration Regulations
BIS RULEPDF Format

STATE DEPARTMENT RULEPDF Format

PROJECT HARMONIZATION CHARTPDF Format

As part of the Export Control Reform effort, this rule proposes revisions to the Export Administration Regulations (EAR) to include the definitions of “technology,” “required,” “peculiarly responsible,” “proscribed person,” “published,” results of “fundamental research,” “export,” “reexport,” “release,” “transfer,” and “transfer (in-country)” to enhance clarity and consistency with terms also found on the International Traffic in Arms Regulations (ITAR), which is administered by the Department of State, Directorate of Defense Trade Controls (DDTC).  This rule also proposes amendments to the Scope part of the EAR to update and clarify application of controls to electronically transmitted and stored technology and software. DDTC is concurrently publishing comparable proposed amendments to the ITAR’s definitions of “technical data,” “required,” “peculiarly responsible,” “public domain,” results of “fundamental research,” “export,” “reexport,” “release,” and “retransfer” for the same reasons.  The document entitled “Project Harmonization Chart” shows comparable regulatory text side-by-side for convenience. The Bureau of Industry and Security will accept comments on this proposed rule until August 3, 2015.

 


              

 

80 FR 29529
5/22/15

Updated Statements of Legal Authority for the Export Administration Regulations
PDF 
Format

This rule updates the authority paragraphs in 15 CFR parts 730, 736 and 746 of the Export Administration Regulations to cite the Notice of May 6, 2015 (80 FR 26815, May 8, 2015), which continues that emergency declared in Executive Order 13338. This rule is purely procedural and makes no changes other than to revise CFR authority citations to make them current. It does not change the text of any section of the EAR, nor does it alter any.

 

 


 

               

80 FR 29530
05/22/15

Russian Sanctions:  Revisions and Clarifications for Licensing Policy for the Crimea Region of Ukraine

PDF Format

This final rule amends the Export Administration Regulations (EAR) to facilitate Internet-based communications with persons in the Crimea region of Ukraine.  This final rule allows exports or reexports without a license to the Crimea region of Ukraine of software that is necessary to enable the exchange of personal communications over the Internet, provided that such software is designated EAR99, or is classified as mass market software under Export Control Classification Number (ECCN) 5D992.c of the EAR, and provided further that such software is widely available to the public at no cost to the user.  This final rule is being published simultaneously with the Department of the Treasury’s Office of Foreign Assets Control (OFAC) issuance of General License No. 9, which authorizes the export or reexport from the United States or by U.S. persons to the Crimea region of Ukraine of certain services and software incident to the exchange of personal communications over the Internet.  This action is consistent with the U.S. Government’s policy to promote personal communications between the people in Crimea and the outside world. Lastly, this final rule makes clarifications to the EAR with respect to the addition of the Crimea region of Ukraine provisions in a final rule published on January, 29, 2015, to the EAR.

 


               

80 FR 29554
05/22/15

Additional Improvements and Harmonization of Export Clearance Provisions

PDF Format

The Bureau of Industry and Security (BIS) in this advanced notice of proposed rulemaking (ANPR) requests comments for how the export clearance requirements under the Export Administration Regulations (EAR) can be improved, including how the EAR export clearance provisions can be better harmonized with the export clearance requirements under the International Traffic in Arms Regulations (ITAR). This ANPR is part of Commerce’s retrospective regulatory review and ongoing harmonization efforts being undertaken by Commerce and State as part of Export Control Reform (ECR) implementation. This ANPR is also part of Commerce’s retrospective regulatory review plan under Executive Order (EO) 13563. The Bureau of Industry and Security will accept comments on this advanced notice of proposed rulemaking until July 6, 2015.

 


               

80 FR 29551
05/22/15

Revisions to the Export Administration Regulations (EAR): Harmonization of the Destination Control Statements

BIS RULE PDF Format

STATE DEPARTMENT RULE PDF Format

This proposed rule would revise the destination control statement in § 758.6 of the Export Administration Regulations (EAR) to harmonize the statement required for the export of items subject to the EAR with the destination control statement in § 123.9(b)(1) of the International Traffic in Arms Regulations (ITAR). This proposed rule is published in conjunction with the publication of a Department of State, Directorate of Defense Trade Controls proposed rule revising § 123.9(b)(1) of the ITAR. Both proposed rules being published today by the Departments of Commerce and State are part of the President’s Export Control Reform Initiative. This proposed rule is also part of Commerce’s retrospective regulatory review plan under Executive Order (E.O.) 13563 (see the SUPPLEMENTARY INFORMATION for availability of the plan). The Bureau of Industry and Security will accept comments on this proposed rule until July 6, 2015.

 


               

80 FR 29431
05/21/15

Wassenaar Arrangement 2014 Plenary Agreements Implementation and Country Policy Amendments
PDF
 Format

This final rule amends the Commerce Control List of the Export Administration Regulations by implementing the changes agreed to by the Wassenaar Arrangement (WA) at the 2014 Plenary by revising 42 Export Control Classification Numbers (ECCNs), adding one ECCN and removing one ECCN, as well as amending the General Technology Note, WA reporting requirements, adding seven (7) definitions and revising six (6) definitions in the EAR. This rule also revises 3 ECCNs to add License Exception CIV eligibility for Anisotropic plasma dry etching equipment and related software and technology for the development and production of this equipment, as a result of BIS’ foreign availability assessment. Lastly, Country Group A column 1, the Coordinating Committee (CoCom) member countries, is replaced with the successor national security export regime the WA Participating States. In addition, the second national security column and the second regional stability column of the Commerce Country Chart are amended to harmonize with each other, as well as make changes based on the risk of diversion to unauthorized end user, end uses or destinations.

 


               

80 FR 28853
05/20/15

Wassenaar Arrangement 2013 Plenary Agreements Implementation: Intrusion and Surveillance Items (proposed rule with request for comments)
PDF
 Format

The Bureau of Industry and Security (BIS) proposes to implement the agreements by the Wassenaar Arrangement (WA) at the Plenary meeting in December 2013 with regard to systems, equipment or components specially designed for the generation, operation or delivery of, or communication with, intrusion software; software specially designed or modified for the development or production of such systems, equipment or components; software specially designed for the generation, operation or delivery of, or communication with, intrusion software; technology required for the development of intrusion software; Internet Protocol (IP) network communications surveillance systems or equipment and test, inspection, production equipment, specially designed components therefor, and development and production software and technology therefor. BIS proposes a license requirement for the export, reexport, or transfer (in-country) of these cybersecurity items to all destinations, except Canada. Although these cybersecurity capabilities were not previously designated for export control, many of these items have been controlled for their "information security" functionality, including encryption and cryptanalysis. This rule thus continues applicable Encryption Items (EI) registration and review requirements, while setting forth proposed license review policies and special submission requirements to address the new cybersecurity controls, including submission of a letter of explanation with regard to the technical capabilities of the cybersecurity items. BIS also proposes to add the definition of "intrusion software" to the definition section of the EAR pursuant to the WA 2013 agreements. 

For [public presentations given at TAC meetings regarding this rule.]  

 


              

80 FR 25798
05/05/2015

BIS RULE PDF Format

STATE DEPARTMENT RULE PDF Format

BIS Guidance on Proposed Changes to Infrared Detection Items PDF Format

Revisions to the Export Administration Regulations (EAR): Control of Fire Control, Range Finder, Optical, 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, Range Finder, Optical 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) by creating new "600 series" Export Control Classification Numbers (ECCN)s 6A615, 6B615 and 6D615 for military fire control, range finder, and optical items, by revising ECCN 7A611 and by creating new ECCNs 7B611, 7C611 and 7E611 for military optical and guidance items. In addition, for certain night vision items currently subject to the Export Administration Regulations (EAR), this rule proposes to expand the scope of control, eliminate the use of some license exceptions, and create new ECCNs for certain software and technology related to night vision items. This proposed rule would also expand the scope of end-use restrictions on certain exports and reexports of certain cameras, systems, or equipment and expand the scope of military commodities described in ECCN 0A919.


               

04/23/15

80 FR 22638

Addition of Certain Persons to the Entity List
PDF Format

This rule amends the Export Administration Regulations (EAR) to add eight persons under nine 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 destinations of China, Iran, Taiwan, and Turkey. There are nine entries for the eight persons because one person is listed in two locations, resulting in an additional entry. Specifically, the additional entry covers one person that will be listed on the Entity List under the destination of Iran and Turkey.

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4/07/15

80 FR 18522

Revisions to the Export Administration Regulations Based on the 2014 Missile Technology Control Regime Plenary Agreements
PDF Format

This 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 September and October 2014 Plenary in Oslo, Norway, and pursuant to the 2014 Technical Experts Meeting in Prague, Czech Republic. This rule also makes conforming changes to correlate the Commerce Control List (CCL) (Supplement No. 1 to Part 774 of the EAR) 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.

 


 

               

3/13/2015

80 FR 13210

Revisions to Support Document Requirements for License Applications under the Export Administration Regulations
PDF Format

This rule finalizes changes to the support document requirements for license applications submitted to the Bureau of Industry and Security (BIS) and is part of BIS’s retrospective regulatory review under Executive Order 13563. In addition to clarifying and streamlining the support document requirements for license applications in part 748 of the Export Administration Regulations (EAR), this final rule removes the requirement to obtain an International Import Certificate or Delivery Verification in connection with a license application and limits the requirement to obtain a Statement by Ultimate Consignee and Purchaser to exports, reexports, and transfers (in-country) of 600 Series Major Defense Equipment. Revisions to the EAR affecting BIS’s participation in issuing documents for the Import Certificate and Delivery Verification system for imports into the United States will be addressed in a future final rule, as will potential substantive changes to information collections under the Paperwork Reduction Act.

 


 

               

3/5/2015

80 FR 11863

Amendments to Existing Validated End-User Authorization in the People’s Republic of China: Samsung China Semiconductor Co. Ltd.
PDF Format

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing authorization for Validated End User Samsung China Semiconductor Co. Ltd. (Samsung China) in the People’s Republic of China (PRC). Specifically, BIS amends Supplement No. 7 to Part 748 of the EAR to add two items to Samsung China’s eligible items that may be exported, reexported or transferred (in country) to the company’s eligible facilities (also known as "eligible destinations") in the PRC.

 


 

               

80 FR 11315
3/2/15

Notice of Inquiry: Request for Comments Regarding Controls on Military Aircraft and Military Gas Turbine Engines on the Commerce Control List
PDF Format
State Department Notice

The Bureau of Industry and Security and the Directorate of Defense Trade Controls are each seeking public comment on the implementation of export control reform with respect to military aircraft and military gas turbine engines (USML Categories VIII and XIX and ECCNs 9A610, 9B610, 9C610, 9D610 and 9E610 (aircraft and related items) and 9A619, 9B619, 9C619, 9D619 and 9E619 (gas turbine engines and related items). Comments are due no later than May 1, 2015.

 


 

              

80 FR 8524
2/18/15

Addition of Certain Persons to the Entity List; and Removal of Person from the Entity List Based on Removal Request
PDF Format

This rule amends the Export Administration Regulations (EAR) by adding eleven persons to the Entity List. The eleven 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 eleven persons will be listed on the Entity List under the destinations of People's Republic of China (China), Pakistan, and United Arab Emirates (U.A.E.). This final 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 procedure for requesting removal or modification of an Entity List entity, and further review conducted by the End-User Review Committee (ERC).

 

 


 

 

              

80 FR 8520
2/18/15

Revisions to License Exception Availability for Consumer Communications Devices and Licensing Policy for Civil Telecommunications-Related Items Such as Infrastructure Regarding Sudan
PDF Format

This rule makes Sudan an eligible destination for License Exception Consumer Communications Devices (CCD) and revises license application review policy for certain telecommunications items from a general policy of denial to one of case-by-case review. BIS is publishing this rule in conjunction with a Department of the Treasury, Office of Foreign Assets Control rule amending the Sudanese Sanctions Regulations by adding a general license pertaining to certain software, hardware, and services incident to personal communications.

Treasury Department Rule

 


 

              

80 FR 8519
2/18/15

Updated Statements of Legal Authority for the Export Administration Regulations To Include Presidential Notice of January 21, 2015 
PDF Format

This rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite a Presidential notice of January 21, 2015 that extended an emergency declared pursuant to the International Emergency Economic Powers Act. This is a procedural rule that only updates authority paragraphs of the EAR. It does not alter any right, obligation or prohibition that applies to any person under the EAR.

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80 FR 6948
2/9/15

Notice of Foreign Availability Determination on Dry Etch Equipment: Anisotropic Plasma Dry Etching Equipment
PDF Format

This notice announces that the Under Secretary for Industry and Security has determined that foreign availability exists for anisotropic plasma dry etching equipment controlled for national security reasons under Export Control Classification Number (ECCN) 3B001.c on the Commerce Control List. This foreign availability determination is in response to a submission from the Semiconductor Equipment and Materials International (SEMI) industry association. The Bureau of Industry and Security (BIS) has provided a proposal to the Department of State to submit to the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies to remove the 3.B.1.c control from the Arrangement's Dual-Use List. This determination was made pursuant to Section 5(f) of the Export Administration Act of 1979, as amended, and Part 768 of the EAR.

 

 


 

              

80 FR 4779
1/29/15

Revision to the Unverified List (UVL)
PDF Format

This final rule amends the Export Administration Regulations (EAR) by adding fourteen (14) persons, removing one person, and updating the addresses of other persons listed on the Unverified List (the ''Unverified List'' or UVL). The 14 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. One person is removed from the UVL based on BIS's ability to verify that person's bona fides through the successful completion of an end-use check. Also, new addresses are added for two listed persons on the UVL.

 


 

              

80 FR 4776
1/29/15

Russian Sanctions: Licensing Policy for the Crimea Region of Ukraine
PDF Format

The Bureau of Industry and Security (BIS) issues this final rule to amend the Export Administration Regulations (EAR) to impose additional sanctions that implement U.S. policy toward Russia. Specifically, in this rule BIS amends the EAR by imposing a license requirement for the export and reexport to the Crimea region of Ukraine, and the transfer within the Crimea region of Ukraine, of all items subject to the EAR, other than food and medicine designated as EAR99. The rule establishes a presumption of denial for all such exports or reexports to the Crimea region of Ukraine and transfers within the Crimea region of Ukraine, except with respect to items authorized under the Department of the Treasury’s Office of Foreign Assets Control (OFAC) General License No. 4, which BIS will review on a case-by-case basis. This action is consistent with the goals and objectives of Executive Order 13685 of December 19, 2014.

 


 

              

80 FR 3463
1/23/15

U.S.-India Bilateral Understanding: Additional Revisions to the U. S. Export and Reexport Controls Under the Export Administration Regulations
PDF Format

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to further implement the bilateral understanding between the United States and India announced by President Obama and India's Prime Minister Singh on November 8, 2010. On January 25, 2011, BIS published the first rule in a series of rules to implement the bilateral understanding between the two countries. These rules fulfill 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. Specifically, in this rule, to further implement the November 8, 2010 bilateral understanding, BIS removes license requirements for certain items controlled for crime control and regional stability reasons to India. BIS also makes conforming changes in this rule. 

 


 

              

80 FR 2286
1/16/15

BIS Cuba Rule as printed in FR 2015-00590
PDF Format
PDF Format OFAC Rule

This rule revises License Exception GFT to remove the license requirement for consolidated shipments of gift parcels that would not require a license if shipped separately. It makes commercial sales of certain consumer communications devices eligible for License Exception by removing the donation requirement from that license exception. It creates a new License Exception – Support for the Cuban People (SCP) that authorizes certain exports and reexports to improve living conditions, promote independent economic activity, strengthen civil society and improve the free flow of information to, from and among the Cuban people. Lastly this rule revises licensing policy to provide case by case consideration for items for environmental protection of U.S. and international air quality, waters and coastlines. This rule was published simultaneously with a Department of the Treasury, Office of Foreign Assets Control.This rule will add to the Commerce Control List certain energetic materials, personal protective equipment, shelters, military training equipment, articles related to launch vehicles, missiles,rockets, military explosives, and related items that the President has determined no longer warrant control on the United States Munitions List (USML). The rule was published simultaneously with a Department of State rule that will revise the categories on the USML that currently cover these items. Both rules will become effective on July 1, 2014.

 


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Questions or comments.

              

Revisions to Support Document Requirements for License Applications under the Export Administration Regulations
3/13/15 (80 FR 13210)

   
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