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12/31/98
63 FR 72156
Encryption Items
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This interim rule amends the Export Administration Regulations (EAR) for exports and reexports of encryption commodities and software to U.S. subsidiaries, insurance companies, health and medical end-users, on-line merchants and foreign commercial firms. This rule implements the Administration's initiative to update it's encryption policy, and will streamline U.S. encryption export and reexport controls.
12/29/98
63 FR 71580
Expansion of License Exception CIV Eligibility for "Microprocessors" Controlled by ECCN 3A001
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The Bureau of Export Administration (BXA) maintains the Commerce Control List (CCL), which identifies those items subject to Department of Commerce export licensing requirements. Consistent with technological changes, this interim rule adjusts the License Exception CIV eligibility level for microprocessors controlled by Export Control Classification Number (ECCN) 3A001 from a composite theoretical performance (CTP) of equal to or less than 500 million theoretical operations per second (MTOPS) to a CTP of equal to or less than 1200 MTOPS. License Exception CIV is available for exports and reexports to civil end-users for civil end-uses in Country Group D:1.
BXA will continue to review the technical levels for microprocessors.
11/27/98
63 FR 65552
Correction to: India and Pakistan Sanctions and Other Measures
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On November 19, 1998, (63 FR 64322) the Bureau of Export Administration published an interim rule revising the Export Administration Regulations (EAR) to codify sanctions against India and Pakistan by setting forth a licensing policy of denial for exports and reexports of items controlled for nuclear nonproliferation and missile technology reasons to India and Pakistan, with limited exceptions. This licensing policy was adopted in practice in existing regulations in June 1998. This rule also contained certain discretionary measures. BXA added to the Entities List set forth in the EAR certain Indian and Pakistani government, parastatal, and private entities determined to be involved in nuclear or missile activities. In addition, Indian and Pakistani military entities were added to the Entity List in order to supplement the sanctions. BXA adopted a licensing policy of a presumption of denial with respect to items specifically listed on the Commerce Control List to listed Indian and Pakistani military entities, with limited exceptions.
This document corrects an inadvertent error in codification related to the Entity List, specifically the entity Wah Munitions Plant.
11/19/98
63 FR 64322
India and Pakistan Sanctions and Other Measures
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In accordance with section 102(b) of the Arms Export Control Act, President Clinton reported to the Congress on May 13th with regard to India and May 30th with regard to Pakistan his determinations that those non-nuclear weapon states had each detonated a nuclear explosive device. The President directed that the relevant agencies and instrumentalities of the United States take the necessary actions to impose the sanctions described in section 102 (b)(2) of that Act.
The Bureau of Export Administration (BXA) is taking a number of sanctions measures consistent with the President’s directive. Consistent with the provisions of section 102(b)(2)(G) of the Arms Export Control Act, BXA is revising the Export Administration Regulations (EAR) to codify sanctions against India and Pakistan by setting forth a licensing policy of denial for exports and reexports of items controlled for nuclear nonproliferation and missile technology reasons to India and Pakistan, with limited exceptions. This licensing policy was adopted in practice in existing regulations in June 1998. This rule also contains certain discretionary measures that are being taken. BXA is adding to the Entities List set forth in the EAR certain Indian and Pakistani government, parastatal, and private entities determined to be involved in nuclear or missile activities. In addition, Indian and Pakistani military entities are added to the Entity List in order to supplement the sanctions. BXA is adopting a licensing policy of a presumption of denial with respect to items specifically listed on the Commerce Control List to listed Indian and Pakistani military entities, with limited exceptions.
This rule will increase the number of license applications submitted for India and Pakistan.
11/12/98
63 FR 63141
Exports of High Performance Computers; Post-shipment Verification Reporting Procedures
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The National Defense Authorization Act (NDAA) for Fiscal Year 1998 contained provisions regarding exports and reexports of high performance computers. The NDAA established requirements for advance notification of exports and reexports of high performance computers and post-shipment verifications of such exports. On February 3, 1998, BXA published in the Federal Register a rule amending the EAR to implement these provisions (63 FR 5448). This rule revises the post-shipment verification reporting procedures.
To address the volume of post-shipment verifications (PSVs) generated by the NDAA on high performance computer exports, BXA’s Export Enforcement has created the High Performance Computer (HPC) Team. This rule directs PSV report submission to the HPC team. Rather than submit PSV reports within 30 days of export, as was previously required, exporters may now submit the reports no later than the last day of the month following the month in which the export took place. As part of the commodity description, reports must specify model number, serial number, and composite theoretical performance (CTP) in millions of theoretical operations per second (MTOPS) for each item. Exporters may no longer submit reports by facsimile.
10/14/98
63 FR 55017
Clarification of Reporting Requirements under the Wassenaar Arrangement
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On January 15, 1998, the Bureau of Export Administration (BXA) published an interim rule implementing the Wassenaar Arrangement list of dual-use items and reporting requirements under the Wassenaar Arrangement. On February 17, 1998, BXA published an interim final rule that conformed the savings clause date for shipments of items removed from eligibility for export or reexport under a particular License Exception authorization or the designator NLR until April 15, 1998. The February 17 rule did not affect the reporting requirement provisions and any item removed from License Exception or NLR eligibility as a result of the January 15 rule continues to be subject to the reporting requirements of the Wassenaar Arrangement. This interim rule provides further clarification on the savings clause provisions and the reporting requirements under the Wassenaar Arrangement. Specifically, this rule clarifies:
10/13/98
63 FR 54638
Request for Comments on Effects of Foreign Policy-Based Export Controls
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The Bureau of Export Administration (BXA) is reviewing the foreign policy-based export controls in the Export Administration Regulations to determine whether they should be modified, rescinded or extended. To help make these determinations, BXA is seeking comments on how existing foreign policy-based export controls have affected exporters and the general public.
Under the provisions of section 6 of the Export Administration Act of 1979, as amended (EAA), foreign policy controls expire one year after imposition unless they are extended. The EAA requires a report to Congress whenever foreign policy-based export controls are extended. Although the EAA expired on August 20, 1994, the President, invoking the International Emergency Powers Act (IEEPA), continued in effect the export control system in place under the provisions of the Act and the Export Administration Regulations, to the extent permitted by law (Executive Order 12924 of August 19, 1994 and Notices of August 15, 1995, August 14, 1996, August 13, 1997, and August 13, 1998). The Department of Commerce, insofar as appropriate, is following the provisions of section 6 in reviewing foreign policy-based export controls and requesting comments on such controls. Foreign Policy controls need to be extended in January 1999.
09/22/98
63 FR 50516
Encryption Items
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This interim rule amends the Export Administration Regulations (EAR) by clarifying controls on the export and reexport of encryption items (EI) controlled for "EI" reasons on the Commerce Control List. This rule incorporates public comments on an interim rule published in the Federal Register on December 30, 1996, and implements new licensing policies for general purpose non-recoverable non-voice encryption commodities or software of any key length for distribution to banks and financial institutions in specified countries.
09/16/98
63 FR 49425
Establishment of 24-Month Validity Period for Certain Reexport Authorizations and Revocation of Other
Authorizations
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The Bureau of Export Administration is amending the Export Administration Regulations (15 CFR parts 730-774) by issuing General Order No. 1 establishing a 24-month validity period for all reexport authorizations that do not contain any license validity period and revoking those that have been in effect for more than 24 months.
08/27/98
63 FR 45698
Revisions to the Export Administration Regulations; Shipper’s Export Declaration requirements for exports valued less than $2,500
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To further the Bureau of Export Administration’s efforts in harmonizing the Export Administration Regulations (EAR) with the Bureau of the Census Foreign Trade Statistics Regulations, this final rule amends the EAR by revising the Shipper’s Export Declaration (SED) provisions to expand the country scope of the $2,500 exemption for filing an SED with the Bureau of the Census. This final rule also clarifies that the Harmonized Tariff Schedule number may be used in lieu of the Schedule B number on the Shipper’s Export Declaration. This final rule will not significantly affect the paperwork burden on U.S. industry.
08/27/98
63 FR 45697
Shipper's Export Declaration Requirements for Exports Valued at Less Than $2,500
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To further the Bureau of the Census' efforts in harmonizing the Foreign Trade Statistics Regulations (FTSR) with the Bureau of Export Administration's Export Administration Regulations (EAR), this final rule amends the FTSR by revising the Shipper's Export Declaration (SED) provisions to expand the country scope of the $2,500 exemption for filing an SED with the Bureau of the Census. The revisions contained in this document are consistent with concurrent revisions to the provisions of the Bureau of Export Administration's EAR. The Department of Treasury concurs with the provisions contained in this final rule.
08/07/98
63 FR 42225
Revisions to the Export Administration Regulations; Conforming Revisions to the Wassenaar Arrangement List of Dual-Use Items and Revisions to Antiterrorism Controls
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On January 15, 1998, the Bureau of Export Administration published an interim rule (63 FR 2452) implementing the Wassenaar Arrangement List of Dual-Use Items. Implementation of the Wassenaar List resulted in a number of changes to the Commerce Control List (CCL). The major changes involved the removal of national security controls on certain items, while maintaining controls on these items for antiterrorism reasons. Consistent with this revision, various antiterrorism Export Control Classification Numbers (ECCNs) were enlarged to accommodate the items removed from national security controls. An easy-to-follow pattern was developed to track the movement of these items. Items formerly classified as a XX001 entry, now default into a xx991 entry. In addition, the January 15 rule moved items from one ECCN into another, or merged two or more ECCNs together. This was done to simplify the CCL and place together items that fall within the same general category. For example, ECCN 9A992 (off- highway tractors) was merged with ECCN 9A993 (on-highway tractors) to form part of a new ECCN 9A990 that also includes diesel engines.
This rule amends the Export Administration Regulations (EAR) by making the necessary conforming revisions throughout the text of the EAR, consistent with the January 15 revisions to the CCL.
08/03/98
63 FR 41323
Corrections to: Additions to Entity List: Russian Entities
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In rule document 98-20272, beginning on page 40363, in the issue of Wednesday, July 29, 1998, make the following correction.
Sec. 744.10 [Corrected]
On page 40364, in the third column, in Sec. 744.10, under Supplement No. 4, in the 11th line, "Garfit" should read "Grafit".
07/29/98
63 FR 40363
Additions to Entity List: Russian Entities
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The Export Administration Regulations (EAR) provide that the Bureau of Export Administration (BXA) may inform exporters, individually or through amendment to the EAR, that a license is required for exports or reexports to certain entities. The EAR contains a list of such entities. This rule adds to the entity list certain Russian entities under investigation by the Russian government for suspected export control violations involving weapons of mass destruction and missile technology. Exports or reexports of all items subject to the EAR to these newly added entities now require a license, and applications will be reviewed with a presumption of denial.
07/23/98
63 FR 39505
Correction to: Exports to the Federal Republic of Yugoslavia (Serbia and Montenegro); Imposition of Foreign Policy Controls
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This document corrects an inadvertent error in codification related to controls on the Federal Republic of Yugoslavia (Serbia and Montenegro). On page 37769, in the first column, under §746.9, correct the first line of paragraph (a) to read "(a) License requirements. (1) Scope. Under".
07/14/98
63 FR 37767
Exports to the Federal Republic of Yugoslavia (Serbia and Montenegro); Imposition of Foreign Policy Controls
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Reacting to the use of excessive force by Serbian police forces against civilians in Kosovo, as well as acts of violence by the Kosovar Albanian extremists and fulfilling United States obligations to implement an international arms embargo mandated by the United Nations Security Council, the United States has banned the sale and supply of arms and related matériel of all types to the Federal Republic of Yugoslavia (Serbia and Montenegro). To supplement the State Department controls on items on the U.S. Munitions List, the Bureau of Export Administration (BXA) is designating certain items on the Commerce Control List (CCL) that are subject to the arms embargo and establishing a policy of denial to the Federal Republic of Yugoslavia (Serbia and Montenegro) on such items. No embargoed items may be exported to the Federal Republic of Yugoslavia (Serbia and Montenegro) under any License Exception, including shipments of limited value (LVS).
In addition, this rule makes certain editorial revisions to the Export Administration Regulations relating to embargoes and other special controls.
06/12/98
63 FR 32123
Exports of Humanitarian Goods and Services to Cuba
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On March 20, 1998, the President announced three initiatives to increase the provision of humanitarian goods and services to Cuba. The Bureau of Export Administration (BXA) is streamlining procedures to facilitate the export of humanitarian goods consistent with recent legislation that provides support for the Cuban people.
04/10/98
63 FR 17814
Notice of General Order Prohibiting Exports of Unprocessed Timber From Certain Public Lands
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Section 602(b) of Title VI of Public Law No. 105-83 requires the Secretary of Commerce to issue an Order concerning the export of timber originating from non-Federal public lands in the western continental United States pursuant to the Forest Resources Conservation and Shortage Relief Act of 1990, as amended (16 U.S.C. 620 et seq.). This notice announces the Department's Order and publishes that Order as an appendix to this notice.
03/24/98
62 FR 14028
Revision to ECCN 1C350 (Mixtures): Removal of Solvent Free Basis Calculation Requirement and Trace Quantity Exemption
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Chemicals capable of being used as precursors for chemical weapons agents are controlled for export on the Commerce Control List under Export Control Classification Number 1C350. Note 2 of the License Requirement Notes section of ECCN 1C350 describes the three tier de minimisexemption for mixtures that contain these controlled chemicals. The de minimis exemption is based on the weight percentage (0%, 10%, and 25%) of these controlled chemicals within the mixture calculated on a "solvent free basis". This rule removes the requirement to calculate the weight percentage on a "solvent free basis." Therefore, the de minimis exemption for mixtures will now be based on the weight percentage of controlled chemicals calculated on the absolute (total) weight of the mixture.
The removal of the "solvent free basis" calculation requirement eliminates the necessity of the "trace quantity" exemption. The trace quantity exemption permitted exports of mixtures of concentrations of no more than 10,000 parts by weight per million of certain controlled chemicals. Therefore, the "trace quantity" exemption is removed.
02/17/98
63 FR 7699
Notice of Extension of the Wassenaar Arrangement
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The Bureau of Export Administration (BXA) is conforming the dates identified in the savings clause of the interim rule implementing the Wassenaar Arrangement published in the Federal Register on January 15, 1998 (63 FR 2452). Shipments of items removed from eligibility for export or reexport under a particular License Exception authorization or the designator NLR may now be exported or reexported under that License Exception authorization or designator until (and including) April 15, 1998. This action should minimize industry's concerns about implementing the new licensing requirement provisions of the interim rule by the original date of February 17, 1998. Note that this rule does not affect the reporting requirements of Section 743.1 of the Export Administration Regulations, and any item removed from License Exception or NLR eligibility as a result of the January 15 rule may be subject to reporting requirements. As this rule conforms the saving clause dates, the April 15 date concerning submission of license applications identifying the new Export Control Classification Numbers (ECCNs) as a result of revisions to the numbering and structure of certain entries on the Commerce Control List remains unchanged.
02/03/98
63 FR 5448
Exports of High Performance Computers under License Exception CTP
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The Bureau of Export Administration is amending the Export Administration Regulations (15 CFR parts 730-799) by revising the requirements for exports and reexports of high performance computers. This revision implements Sections 1211-1215 of the National Defense Authorization Act (NDAA) for fiscal year 1998 (P.L. 105-85, 111 Stat. 1629), signed by the President on November 18, 1997.
01/15/98
63 FR 2452 - 2555
Implementation of the Wassenaar Arrangement List of Dual-Use Items: Revisions to the Commerce Control List and Reporting under the Wassenaar Arrangement
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Representatives of thirty-three countries gave final approval July 12-13, 1996 in Vienna, Austria to establish the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual- Use Goods and Technologies. The thirty-three countries agreed to control all items in the List of Dual-Use Goods and Technologies with the objective of preventing unauthorized transfers. They further agreed on a target date of November 1, 1996, for implementation of the Wassenaar Lists.
The purpose of this interim rule is to make the changes to the Commerce Control List necessary to implement the Wassenaar List. In addition, this interim rule imposes new reporting requirements on persons that export certain items controlled under the Wassenaar Arrangement to non-member countries in order to fulfill the information exchange requirements of the Wassenaar Arrangement. The Department of Commerce, with other concerned agencies, is reviewing the Export Administration Regulations to determine whether further changes will be required to implement the information sharing provisions of the Wassenaar Arrangement and to make the necessary adjustments to existing country groups.
This rule also revises part 740 of the EAR by removing License Exception availability for certain items controlled for missile technology reasons.