30 August 1999
Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html

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[Federal Register: August 30, 1999 (Volume 64, Number 167)]
[Rules and Regulations]
[Page 47104-47106]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au99-4]

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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 734, 736, 742, 743, 748, 750 and 774

[Docket No. 990811216-9216-01]
RIN 0694-AB81


Editorial Clarifications and Revisions to the Export
Administration Regulations

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

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SUMMARY: This rule amends the Export Administration Regulations (EAR)
by making certain editorial revisions and clarifications to simplify
portions of the EAR and correct typographical errors.

DATES: This rule is effective August 30, 1999.

FOR FURTHER INFORMATION CONTACT: Frank J. Ruggiero, Office of Exporter
Services, Bureau of Export Administration, Telephone:
    (202) 482-2440.

SUPPLEMENTARY INFORMATION: This rule makes the following corrections
and clarifications:
    1. In paragraph 734.5(a) (Activities of U.S. and foreign persons
subject to the EAR), the term ``nuclear explosive devices'' is added.
    2. In paragraph 736.2 (b)(3)(ii)(A)(1) (General Prohibition Three),
a citation is given to clarify when written assurance from an ultimate
consignee is needed to export the direct product of technology or
software.
    3. Paragraph (c)(6)(ii)(D) of Supplement No. 2 to Part 742 (Anti-
Terrorism Controls; Iran, Syria and Sudan Contract Sanctity Dates and
Related Topics), is corrected by replacing the phrase ``9A994'' with
``9A991.d'' to conform with the Commerce Control List numbering changes
made to implement the Wassenaar Arrangement.
    4. The heading of paragraph (c)(37) of Supplement No. 2 to Part 742
(Anti-Terrorism Controls; Iran, Syria and Sudan Contract Sanctity Dates
and Related Topics), is corrected by replacing the phrase ``ECCN
2B992'' with ``ECCN 2B996'' to conform with the Commerce Control List
numbering changes made to implement the Wassenaar Arrangement.
    5. In paragraph 743.1(c)(1)(v)(Wassenaar Arrangement), a
grammatical correction is made.
    6. In the first sentence of paragraph (g)(1) of Supplement No. 2 to
Part 748 (Unique License Application Requirements), the citation
``Sec. 744.4'' is deleted.
    7. Supplement No. 4 to Part 748 (Authorities Administering Import
Certificate/Delivery Verification (IC/DV) and End-Use Certificate
Systems in Foreign Countries), the office title, address, phone and fax
number of Australia and Belgium are revised.
    8. Paragraph 750.7(i) (Records) is redesignated as 750.7(j), and
new language is added to paragraph 750.7(i) which clarifies that
existing license conditions are terminated when License Exceptions
become available or if a product can be exported or reexported without
a license.
    9. In Category 0 to part 774 (Nuclear Materials, Facilities, and
Equipment (And Miscellaneous Items)), the first Reason for Control for
ECCN 0A984 is corrected to include shotguns with a barrel length equal
to 18 inches.
    10. In Supplement No. 2 to part 774 (General Technology and
Software Notes), the phrase ``License Exception OTS'' in the third
paragraph of Note No. 1 is corrected to read ``License Exception TSU.''
    Although the Export Administration Act (EAA) expired on August 20,
1994, the President invoked the International Emergency Economic Powers
Act and continued in effect the EAR, and to the extent permitted by
law, the provisions of the EAA, as amended, in Executive Order 12924 of
August 19, 1994, as extended by the President's notices of August 15,
1995 (60 FR 42767), August 14, 1996 (61 FR 42527) August 13, 1997 (62
FR 43629), August 13, 1998 (63 FR 44121), and August 10, 1999 (64 FR
44101).

Rulemaking Requirements

    1. This final rule has been determined to be not significant for
the purposes of Executive Order 12866.
    2. Not withstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. This rule involves
collections of information subject to the Paperwork Reduction Act of
1980 (44 U.S.C. 3501 et seq.). These collection has been approved by
the Office of Management and Budget under control numbers 0694-0088,
0694-0023, and 0694-0106. There are neither additions nor subtractions
to these collections due to this rule.
    3. This rule does not contain policies with Federalism implications
sufficient to warrant preparation of a Federalism

[[Page 47105]]

assessment under Executive Order 12612.
    4. The provisions of the Administrative Procedure Act requiring
notice of proposed Rulemaking, the opportunity for public
participation, and a delay in effective date, are inapplicable because
this regulation involves a military or foreign affairs function of the
United States (see 5 U.S.C. 553(a)(1)). Further, no other law requires
that a notice of proposed Rulemaking and an opportunity for public
comment be given for this rule. Because a notice of proposed Rulemaking
and an opportunity for public comment are not required to be given for
this rule by 5 U.S.C. 553, or by any other law, the analytical
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.,
are inapplicable.
    Therefore, this regulation is issued in final form. Although there
is no formal comment period, public comments on this regulation are
welcome on a continuing basis. Comments should be submitted to Frank J.
Ruggiero, Office of Exporter Services, Bureau of Export Administration,
Department of Commerce, P.O. Box 273, Washington, DC 20044.

List of Subjects

15 CFR Part 734

    Administrative practice and procedure, Exports, Foreign trade,
Inventions and patents, Research, Science and technology.

15 CFR Part 736

    Exports, Foreign trade.

15 CFR Part 742

    Exports, Foreign trade, Terrorism.

15 CFR Parts 743, 748, and 750

    Administrative practice and procedure, Exports, Foreign trade,
Reporting and recordkeeping requirements.

15 CFR Part 774

    Exports, Foreign trade, Reporting and recordkeeping requirements.

    Accordingly, parts 734, 736, 742, 743, 748, 750 and 774 of the
Export Administration Regulations (15 CFR Parts 730-774) are amended as
follows:

PART 734--[AMENDED]

    1. The authority citation for 15 CFR Part 734 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR 54079, 3 CFR,
1996 Comp. p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; Notice of November 12, 1998, 63 FR 63589, 3 CFR, 1998 Comp., p.
305; Notice of August 10, 1999, 64 FR 44101 (August 13, 1999).

    2. Section 734.5 is amended by revising the phrase ``proliferation
of chemical or biological weapons or of missile technology as described
in Sec. 744.6 of the EAR and'' in paragraph (a) to read ``proliferation
of nuclear explosive devices, chemical or biological weapons, missile
technology as described in Sec. 744.6 of the EAR, and''.

PART 736--[AMENDED]

    3. The authority citation for 15 CFR Parts 736 is revised to read
as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; E.O. 13026, 61
FR 58767, 3 CFR, 1996 Comp., p. 228; Notice of August 10, 1999, 64
FR 44101 (August 13, 1999).

    4. Section 736.2 is amended by revising paragraph (b)(3)(ii)(A)(1),
to read as follows:

Sec. 736.2  General prohibitions and determination of applicability.

* * * * *
    (b) * * *
    (3) * * *
    (ii) * * *
    (A) * * *
    (1) They are the direct product of technology or software that
requires a written assurance as a supporting document for a license, as
defined in paragraph (o)(3)(i) of Supplement No. 2 to part 748 of the
EAR, or as a precondition for the use of License Exception TSR at
Sec. 740.6 of the EAR, and
* * * * *

PART 742--[AMENDED]

    5. The authority citation for 15 CFR Part 742 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
18 U.S.C. 2510 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a;
E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58
FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12924, 59 FR 43437, 3 CFR,
1994 Comp., p. 917; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; Notice of
November 12, 1998, 63 FR 63589, 3 CFR, 1998 Comp., p. 305; Notice of
August 10, 1999, 64 FR 44101 (August 13, 1999).

    6. Supplement No. 2 to part 742 is amended by revising paragraph
(c)(6)(ii)(D), to read as follows:
    Supplement No. 2 to Part 742--Anti-Terrorism Controls; Iran, Syria,
and Sudan Contract Sanctity Dates and Related Policies
* * * * *
    (c) * * *
    (6) * * *
    (ii) * * *
    (D) Contract sanctity dates for helicopter or aircraft parts and
components controlled by 9A991.d: August 28, 1991.
* * * * *
    7. Supplement No. 2 to part 742 (Anti-Terrorism Controls; Iran,
Syria, and Sudan Contract Sanctity Dates and Related Policies), is
amended by revising the phrase ``Manual dimensional inspection machines
described in ECCN 2B992'' in the heading of paragraph (c)(37) to read
``Manual dimensional inspection machines described in ECCN 2B996''.

PART 743--[AMENDED]

    8. The authority citation for 15 CFR part 743 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq; 50 U.S.C. 1701 et seq;
E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; Notice of August
10, 1999, 64 FR 44101 (August 13, 1999).

    9. Section 743.1 is amended by revising paragraph (c)(1)(v), to
read as follows:

Sec. 743.1  Wassenaar Arrangement.

* * * * *
    (c) * * *
    (1) * * *
    (v) Category 5: 5A001.b.8, 5B001 (items specially designed for
5A001.b.8), 5D001.a and .b, and 5E001.a;
* * * * *

PART 748--[AMENDED]

    10. The authority citation for 15 CFR Part 748 is revised to read
as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; E.O. 13026, 61
FR 58767, 3 CFR, 1996 Comp., p. 228; Notice of August 10, 1999, 64
FR 44101 (August 13, 1999).

    11. Supplement No. 2 to part 748 (Unique License Application
Requirements), is amended by revising the phrase ``Sec. 742.3 or
Sec. 744.4 of the EAR,'' in paragraph (g)(1) introductory text to read
``Sec. 742.3 of the EAR,''.
    12. Supplement No. 4 to part 748 is amended by revising the entry
for ``Australia'' and ``Belgium'' to read as follows:
    Supplement No. 4 to Part 748--Authorities Administering Import
Certificate/Delivery Verification (IC/DV) and End Use Certificate
Systems in Foreign Countries

[[Page 47106]]

------------------------------------------------------------------------
     Country              IC/DV authorities          System administered
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*                  *                  *                  *
                  *                  *                  *
Australia........  Director, Strategic Trade        IC/DV.
                    Policy and Operations,
                    Industry & Procurement
                    Infrastructure Division,
                    Department of Defence,
                    Campbell Park 4-1-53, Canberra
                    ACT 2600 Phone: +61 (0)2 6266
                    3717, Fax: +61 (0)2 6266 2997.

*                  *                  *                  *
                  *                  *                  *
Belgium..........  Ministere Des Affaires           IC/DV.
                    Economiques, Administration
                    Des Relations Economiques Rue
                    General Leman, 60 1040
                    Bruxelles Phone: 02/206.58.16,
                    Fax: 02/230.83.22.

*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------

PART 750--[AMENDED]

    13. The authority citation for 15 CFR Part 750 is revised to read
as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; E.O. 12981, 60
FR 62980, 3 CFR, 1997 Comp., p. 60; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; Notice of August 10, 1999, 64 FR 44101 (August
13, 1999).

    14. Section 750.7 is amended by:
    a. redesignating paragraph (i) as paragraph (j), and
    b. adding a new paragraph (i) to read as follows:

Sec. 750.7  Issuance of licenses.

* * * * *
    (i) Terminating license conditions. Exporters or reexporters who
have shipped under licenses with conditions that would not apply to an
export under a License Exception or if no license was required, and
foreign consignees who have agreed to such conditions, are no longer
bound by these conditions when the licensed items become eligible for a
License Exception or can be exported or reexported without a license.
Items that become eligible for a License Exception are subject to the
terms and conditions of the applicable License Exception and to the
restrictions in Sec. 740.2 of the EAR. Items that become eligible for
export without a license remain subject to the EAR and any export,
reexport, or disposition of such items may only be made in accordance
with the requirements of the EAR. Termination of license conditions
does not relieve an exporter or reexporter of its responsibility for
violations that occurred prior to the availability of a License
Exception or prior to the removal of license requirements.
* * * * *

PART 774--[AMENDED]

    15. The authority citation for 15 CFR Part 774 is revised to read
as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420, 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. 287c,
3201 et seq., 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a, 6212;
43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; E.O. 12924,
59 FR 43437, 3 CFR, 1994 Comp., p. 917; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; Notice of August 10, 1999, 64 FR 44101
(August 13, 1999).

    16. In Supplement No. 1 to part 774, Category 0--Nuclear Materials,
Facilities, and Equipment [And Miscellaneous Items] is amended by
revising ECCN 0A984 to read as follows: Supplement No. 1 to--

PART 774--THE COMMERCE CONTROL LIST

* * * * *
    0A984  Shotguns, barrel length 18 inches (45.72 cm) inches or over;
buckshot shotgun shells; except equipment used exclusively to treat or
tranquilize animals, and except arms designed solely for signal, flare,
or saluting use; and parts, n.e.s.

License Requirements

    Reason for Control: CC, UN.

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                         Control(s)                                             Country Chart
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CC applies to shotguns with a barrel length greater than or  CC Column 1.
 equal to 18 in. (45.72 cm), but less than 24 in. (60.96
 cm) or buckshot shotgun shells controlled by this entry,
 regardless of end-user.
CC applies to shotguns with a barrel length greater than or  CC Column 2.
 equal to 24 in. (60.96 cm), regardless of end-user.
CC applies to shotguns with a barrel length greater than or  CC Column 3.
 equal to 24 in. (60.96 cm) if for sale or resale to police
 or law enforcement.
UN applies to entire entry.................................  Rwanda; Federal Republic of Yugoslavia (Serbia and
                                                              Montenegro).
----------------------------------------------------------------------------------------------------------------

License Exceptions

LVS: N/A
GBS: N/A
CIV: N/A

List of Items Controlled

    Unit: $ value.
    Related Controls: This entry does not control shotguns with a
barrel length of less than 18 inches (45.72 cm). (See 22 CFR part 121.)
These items are subject to the export licensing authority of the
Department of State, Office of Defense Trade Controls.
    Related Definitions: N/A.
    Items: The list of items controlled is contained in the ECCN
heading.
* * * * *
    17. Supplement No. 2 to part 774 is amended by revising the phrase
``License Exception OTS'' in paragraph 1. General Technology Note to
read ``License Exception TSU''.

    Dated: August 19, 1999.
R. Roger Majak,
Assistant Secretary for Export Administration.
[FR Doc. 99-22154 Filed 8-27-99; 8:45 am]
BILLING CODE 3510-33-P
