[Federal Register Volume 59, Number 28 (Thursday, February 10, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-3124] [[Page Unknown]] [Federal Register: February 10, 1994] _______________________________________________________________________ Part VI Department of Commerce _______________________________________________________________________ Bureau of Export Administration _______________________________________________________________________ 15 CFR Parts 770, 771, and 785 Exports to Vietnam; Country Group Y; Rule DEPARTMENT OF COMMERCE Bureau of Export Administration 15 CFR Parts 770, 771, and 785 [Docket No. 940233-4033] Exports to Vietnam; Country Group Y AGENCY: Bureau of Export Administration, Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: On February 3, 1994, President Clinton stated that he was lifting the trade embargo against Vietnam because he determined that this step offers the best way to resolve the fate of our prisoners of war and missing in action. Accordingly, the Bureau of Export Administration (BXA) is amending the Export Administration Regulations (EAR) by removing Vietnam from the Country Group Z list of embargoed countries, placing Vietnam in Country Group Y, and revising certain licensing policies and procedures for Vietnam. Since Vietnam is a COCOM proscribed destination, it will share the same licensing policy with most other Group Y countries. This rule also removes General License G-NGO, which authorized exports of donated humanitarian shipments to Vietnam by non-government organizations, and removes General License GVN, which authorized shipments to Vietnam in support of activities licensed by Treasury's Office of Foreign Assets Control. EFFECTIVE DATE: This rule is effective 5:05 PM EST, February 3, 1994. FOR FURTHER INFORMATION CONTACT: David Schlechty, Country Policy Branch, Office of Technology and Policy Analysis, Bureau of Export Administration, Telephone: (202) 482-4252. SUPPLEMENTARY INFORMATION: Rulemaking Requirements 1. This rule was not subject to review by the Office of Management and Budget under Executive Order 12866. 2. This rule involves collections of information subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). These collections have been approved by the Office of Management and Budget under control numbers 0694-0005 and 0694-0010. 3. This rule does not contain policies with Federalism implications sufficient to warrant preparation of a Federalism assessment under Executive Order 12612. 4. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule by section 553 of the Administrative Procedure Act (5 U.S.C. 553), or by any other law, under section 3(a) of the Regulatory Flexibility Act (5 U.S.C. 603(a) and 604(a)), no initial or final Regulatory Flexibility Analysis has to be or will be prepared. 5. The provisions of the Administrative Procedure Act, 5 U.S.C. 553, requiring notice of proposed rulemaking, the opportunity for public participation, and a delay in effective date, are inapplicable because this regulation involves a foreign and military affairs function of the United States. No other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this rule. 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 Patricia Muldonian, Office of Technology and Policy Analysis, Bureau of Export Administration, Department of Commerce, 14th Street and Pennsylvania Ave., NW., room 4054, Washington, DC 20230. List of Subjects 15 CFR Part 770 Administrative practice and procedure, Exports. 15 CFR Part 771 Exports, Reporting and recordkeeping requirements. 15 CFR Part 785 Communist countries, Exports. Accordingly, parts 770, 771, and 785 of the Export Administration Regulations (15 CFR parts 730-799) are amended as follows: 1. The authority citation for parts 770 and 771 continues to read as follows: Authority: Pub. L. 90-351, 82 Stat. 197 (18 U.S.C. 2510 et seq.), as amended; sec. 101, Pub. L. 93-153, 87 Stat. 576 (30 U.S.C. 185), as amended; sec. 103, Pub. L. 94-163, 89 Stat. 877 (42 U.S.C. 6212), as amended; secs. 201 and 201(11)(e), Pub. L. 94-258, 90 Stat. 309 (10 U.S.C. 7420 and 7430(e)), as amended; Pub. L. 95-223, 91 Stat. 1626 (50 U.S.C. 1701 et seq.); Pub. L. 95-242, 92 Stat. 120 (22 U.S.C. 3201 et seq. and 42 U.S.C. 2139a); sec. 208, Pub. L. 95- 372, 92 Stat. 668 (43 U.S.C. 1354); Pub. L. 96-72, 93 Stat. 503 (50 U.S.C. App. 2401 et seq.), as amended (extended by Pub. L. 103-10, 107 Stat. 40); sec. 125, Pub. L. 99-64, 99 Stat. 156 (46 U.S.C. 466c); E.O 11912 of April 13, 1976 (41 FR 15825, April 15, 1976); E.O. 12002 of July 7, 1977 (42 FR 35623, July 7, 1977), as amended; E.O. 12058 of May 11, 1978 (43 FR 20947, May 16, 1978); E.O. 12214 of May 2, 1980 (45 FR 29783, May 6, 1980); E.O. 12735 of November 16, 1990 (55 FR 48587, November 20, 1990), as continued by Notice of November 11, 1992 (57 FR 53979, November 13, 1992); and E.O. 12868 of September 30, 1993 (58 FR 51747, October 4, 1993). 2. The authority citation for Part 785 continues to read as follows: Authority: Pub. L. 90-351, 82 Stat. 197 (18 U.S.C. 2510 et seq.), as amended; Pub. L. 95-223, 91 Stat. 1626 (50 U.S.C. 1701 et seq.); Pub. L. 95-242, 92 Stat. 120 (22 U.S.C. 3201 et seq. and 42 U.S.C. 2139a); Pub. L. 96-72, 93 Stat. 503 (50 U.S.C. App. 2401 et seq.), as amended (extended by Pub. L. 103-10, 107 Stat. 40); E.O. 12002 of July 7, 1977 (42 FR 35623, July 7, 1977), as amended; E.O. 12058 of May 11, 1978 (43 FR 20947, May 16, 1978); E.O. 12214 of May 2, 1980 (45 FR 29783, May 6, 1980); E.O. 12735 of November 16, 1990 (55 FR 48587, November 20, 1990), as continued by Notice of November 11, 1992 (57 FR 53979, November 13, 1992); and E.O. 12868 of September 30, 1993 (58 FR 51747, October 4, 1993). PART 770--[AMENDED] 3. Supplement No. 1 to Part 770 is amended, under the heading ``Country Group Y'', by adding the term ``Vietnam'' in alphabetical order and by removing the term ``Vietnam'' under the heading ``Country Group Z''. PART 771--[AMENDED] Sec. 771.27 [Removed] 4. Section 771.27 is removed. Sec. 771.28 [Removed] 5. Section 771.28 is removed. PART 785--[AMENDED] 6. In Sec. 785.1, the section heading and paragraph (a) are amended to read as follows: Sec. 785.1 Country Group Z1: Cuba and North Korea. --------------------------------------------------------------------------- \1\ See Supplement No. 1 to part 770 of this subchapter for a listing of Country Groups. --------------------------------------------------------------------------- (a) As authorized by section 6 of the Export Administration Act of 1979, as amended (EAA) and by the Trading With the Enemy Act of 1917 as amended by Public Law 95-223, a validated license is required for foreign policy purposes for the export and reexport of virtually all U.S.-origin commodities and technical data to destinations in Country Group Z. Certain exceptions are contained in parts 771 and 779 of this subchapter, and in ECCN 0A98 on the Commerce Control List (Supplement No. 1 to Sec. 799.1 of this subchapter). Except as noted below, the general policy is to deny all applications or requests to export or reexport U.S.-origin commodities and technical data to these destinations. Exports of donations to meet basic human needs may be authorized under a Humanitarian License, as described in Sec. 773.5 of this subchapter. Such exports may also be authorized for single transactions under an individual validated license. Exports to meet emergency needs that do not qualify for export under the Humanitarian License procedure will be considered on a case-by-case basis. Exports of commercially-supplied goods to meet basic human needs may be authorized under an individual validated license on a case-by-case basis for destinations in North Korea. The types of commodities that may be supplied commercially to meet basic human needs are the same as those types of commodities described in Supplement No. 7 to part 773 of this subchapter, but are not restricted solely to small scale projects at the local level. * * * * * 7. Section 785.2 is amended by revising the section heading and by revising the phrase ``Poland, Romania, and the Slovak Republic only'' to read ``Poland, Romania, the Slovak Republic and Vietnam only'' in paragraph (a)(1), as follows: Sec. 785.2 Country Group Q, W, and Y2: Geographic area of the former U.S.S.R., Eastern Europe, Mongolia, Cambodia, Laos, and Vietnam. --------------------------------------------------------------------------- \2\ See Supplement No. 1 to part 770 of this subchapter for listing of Country Groups. --------------------------------------------------------------------------- * * * * * Dated: February 4, 1994. Sue E. Eckert, Assistant Secretary for Export Administration. [FR Doc. 94-3124 Filed 2-7-94; 3:49 pm] BILLING CODE 3510-DT-P