17 November 1997
Source: http://www.access.gpo.gov/su_docs/aces/aces140.html

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[Federal Register: November 17, 1997 (Volume 62, Number 221)]
[Notices]
[Page 61269]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17no97-25]

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DEPARTMENT OF COMMERCE

Bureau of Export Administration


Reporting and Recordkeeping Requirements Under the Wassenaar
Arrangement

ACTION: Proposed collection; comment request.

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SUMMARY: The Department of Commerce, as part of its continuing effort
to reduce paperwork and respondent burden, invites the general public
and other Federal agencies to take this opportunity to comment on
proposed and/or continuing information collections, as required by the
Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C.
3506(c)(2)(A)).

DATES: Written comments must be submitted on or before January 16,
1998.

ADDRESSES: Direct all written comments to Linda Engelmeier,
Departmental Forms Clearance Officer, Department of Commerce, Room
5327, 14th and Constitution Avenue, NW, Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection instrument(s) and instructions
should be directed to Stephen Baker, Bureau of Export Administration
(BXA), Department of Commerce, Room 6877, 14th and Constitution Avenue,
NW, Washington, DC 20230 (telephone no. (202)482-3673).

SUPPLEMENTARY INFORMATION:

I. Abstract

    The information required by this collection is required biannually
from all exporters of certain items specified in section 743.1 of the
Export Administration Regulations controlled for national security
reasons on the Commerce Control List and exported under certain License
Exceptions.
    A--Items controlled and decontrolled by the list. With the
publication of the Wassenaar Arrangement's Dual-Use List, some items
will be decontrolled for national security reasons and new controls
will be placed on some items. BXA estimates that we will receive
approximately 75 fewer applications because of these decontrols. But,
this will be counteracted be approximately 45 new applications because
of some new items added to the list.
    B--Reporting and recordkeeping on license exceptions. Under the
Wassenaar Arrangement, the U.S. Government must report twice a year to
the other members on aggregate usage of 81 export control entries. The
aggregate numbers are readily available from BXA's Export Control
Automated Support System (ECASS), except when a licensing exception is
used. It is very difficult for BXA to determine usage of licensing
exceptions because the exporter determines if the licensing exception
applies to a certain commodity and then exports that commodity if the
licensing exception applies. BXA receives no record of licensing
exception uses.
    Because one or more of six licensing exceptions could be used with
the 81 export control entries subject to Wassenaar Arrangement
reporting, BXA must require exporters to keep a record of each time
they use a licensing exception for one of the 81 export control entries
(except for the destinations identified in Country Group A:1 of
Supplement No. 1 to part 740 of the EAR) and submit this report to BXA
biannually in time for the U.S. Government to make its report to the
Wassenaar members.
    C--Removing license exception availability. The Wassenaar
Arrangement's Dual-Use List is composed of three parts: the Basic List,
the Sensitive List and the Very Sensitive List. The United States
allows some items on the Sensitive List to be shipped to some
destinations using a licensing exception. The reporting and
recordkeeping requirements described above will enable the United
States to keep watch over these items. Currently, the United States
also permits some items on the Very Sensitive List to be exported to
some destinations using a licence exception. Therefore, in deference to
our partners in the Wassenaar Arrangement, the United States is
withdrawing the license exception privilege for any item on the Very
Sensitive List. These items are mainly for licensing exception TSR,
``Technology and Software under Restriction.''
    D--Removing license exceptions for missile tech items. The rule
implementing the Wassenaar Arrangement's Dual-Use List removes license
exception availability for missile technology controlled items. The
decision to remove license exception availability was an interagency
based agreement, particularly consultations with the Department of
State.

II. Method of Collection

    The information will be collected in electronic and written form.

III. Data

    OMB Number: 0694-0106.
    Form Number: N/A.
    Type of Review: Regular Submission.
    Affected Public: Businesses and other for-profit institutions,
small businesses or organizations.
    Estimated Number of Respondents: 2,275.
    Estimated Time Per Response: 12 minutes.
    Estimated Total Annual Burden Hours: 851 hours.
    Estimated Total Annual Cost: $17,020 for respondents--no equipment
or other materials will need to be purchased to comply with the
requirement.

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of
information is necessary for the proper performance of the function of
the agency, including whether the information shall have practical
utility; (b) the accuracy of the agency's estimate of the burden
(including hours and cost) of the proposed collection of information;
(c) ways to enhance the quality, utility, and clarity of the
information to be collected; and (d) ways to minimize the burden of the
collection of information on respondents, including through the use of
automated collection techniques or other forms of information
technology.
    Comments submitted in response to this notice will be summarized
and/or included in the request for OMB approval of this information
collection; they also will become a matter of public record.

    Dated: November 10, 1997.
Linda Engelmeier,
Departmental Forms Clearance Officer, Office of Management and
Organization.
[FR Doc. 97-30093 Filed 11-14-97; 8:45 am]
BILLING CODE 3510-33-P
