[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: 94-3125]


[[Page Unknown]]

[Federal Register: February 10, 1994]


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Part VII





Department of Commerce





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Bureau of Export Administration



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15 CFR Parts 768, et al.




Request for Comments on Simplification of the Export Administration 
Regulations; Proposed Rule
DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 768 and 770, 771, 772, 773, 774, 775, 776, 777, 778, 
779, 785, 786, 787, 788, 789, 790, 791 and 799

[Docket No. 940230-4030]
RIN 0694-AA67

 
Request for Comments on Simplification of the Export 
Administration Regulations

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Advance notice of proposed revision and simplification of 
export administration regulations; request for comments.

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SUMMARY: Consistent with the export reform measures announced by the 
Administration in the Trade Promotion Coordinating Committee Report, 
the Bureau of Export Administration is undertaking a comprehensive 
review of the Export Administration Regulations. This review is 
intended to simplify, clarify, and to make the export control 
regulatory requirements more user-friendly.
    This advance notice and request for comments is being issued to 
solicit public comments from industry and the interested public before 
BXA begins to draft revisions of the regulations.

DATES: Comments should be received by March 28, 1994.

ADDRESSES: Written comments (six copies) should be sent to Patricia 
Muldonian, Regulations Branch (Room 4054), Office of Technology and 
Policy Analysis, Bureau of Export Administration, Department of 
Commerce, P.O. Box 273, Washington, DC 20044.

FOR FURTHER INFORMATION CONTACT: Patricia Muldonian, Office of 
Technology and Policy Analysis, Bureau of Export Administration, 
telephone: (202) 482-2440.

SUPPLEMENTARY INFORMATION: On September 30, 1993, the Secretary of 
Commerce submitted to the Congress a report of the Trade Promotion 
Coordinating Committee (TPCC), entitled Toward a National Export 
Strategy. This report included the following among its goals:

    Undertake a comprehensive review of the Export Administration 
Regulations to simplify, clarify, and make the regulations more 
user-friendly. Working with industry, the simplification exercise 
will be completed in 1994.

    The Bureau of Export Administration (BXA) is providing advance 
notice that, consistent with the TPCC report, it is initiating a review 
of the Export Administration Regulations contained in parts 730 to 799 
of title 15 of the Code of Federal Regulations (EAR). In this 
connection, and before BXA starts to draft proposed regulations, it is 
requesting comments from industry and the interested public.
    This review of the EAR will be comprehensive, and it will include a 
reexamination of the basic approaches to export controls as they are 
currently administered under the EAR. The primary focus of this review 
will be on the export-related provisions of the EAR. Consequently, BXA 
does not intend to include in this review the antiboycott regulations 
set forth in EAR Part 769. BXA is especially interested in comments 
that suggest innovative alternative methods for BXA to carry out its 
statutory export control responsibilities with minimal interference to 
U.S. trade and competitiveness. BXA is also interested in proposals to 
improve and simplify the overall structure of the EAR, and in specific 
comments relating to the following:
    (1) Can some license obligations be replaced with pre-shipment or 
post-shipment notifications?
    (2) Should the general license provisions of the EAR be revised? 
Can certain general licenses be combined? Are there alternatives to the 
general license concept?
    (3) Should reexport controls be modified? Continued?
    (4) How can the structure of the Commerce Control List (CCL) be 
improved? Are there alternative approaches to the CCL? Can it be 
renumbered/restructured? Can it be harmonized with other systems?
    (5) Are there alternatives to the ``Country Group'' approach 
currently used in the EAR?
    (6) How should the EAR deal with controls on products of technical 
data, written assurance requirements, and parts and components 
controls? Are there alternative approaches?
    (7) How should documentation requirements, such as Import 
Certificates and Destination Control Statements, be modified? Should 
forms used by BXA, e.g., BXA-622P (Application for Export License), 
BXA-685P (Request for Amendment Request), or BXA-699P (Request for 
Reexport Authorization), be changed, eliminated, or consolidated (with 
other BXA forms or other agency forms)? Should document retention 
requirements be modified?
    (8) Should the EAR provide for ``License Free'' zones?
    (9) What revisions should be made to the special licensing 
procedures (Distribution License, Project License, Service Supply 
Procedure, etc.)? Are there more effective alternatives?
    (10) How should the EAR apply to unique situations such as the 
electronic transmittal of technology and software, international 
movement of aircraft and vessels, etc.?
    (11) Are there new enforcement programs, practices or policies that 
could enhance the government's ability to detect and prevent violations 
of the EAR, while negatively impacting as little as possible on law-
abiding exporters?
    All comments on improving and simplifying the EAR are welcome and 
will be reviewed and considered in the course of rewriting the EAR. 
Comments on policy issues, however, such as changes in the export 
licensing policies to specific countries or regions, are outside the 
scope of this regulatory review and should not be submitted.
    Upon receipt and review of comments, BXA will draft proposed 
regulations and publish them in the Federal Register for comment. 
Following consideration of comments on the proposed regulations, BXA 
plans to publish final regulations by the end of 1994.
    BXA intends that all information obtained from the public in 
connection with this notice be a matter of public record. Comments 
received will be available for public inspection and copying. BXA will 
not accept submissions made on a confidential basis. Communications 
between agencies of the United States Government or with foreign 
governments will not be made available for public inspection.
    In the interest of accuracy and completeness, BXA requires written 
comments. Oral comments must be followed by written memoranda, which 
will also be a matter of public record and will be available for public 
review and copying.
    The public record concerning these comments will be maintained in 
the Freedom of Information Records Inspection Facility, Room 4525, U.S. 
Department of Commerce, 14th Street and Pennsylvania Avenue NW., 
Washington, DC 20230. Records in this facility, including written 
public comments and memoranda summarizing the substance of oral 
communications, may be inspected and copied in accordance with 
regulations published in part 4 of title 15 of the Code of Federal 
Regulations. Information about inspection and copying of records at 
this facility may be obtained from Margaret Cornejo, BXA Freedom of 
Information Officer, at the above address or by calling (202) 482-5653.

    Dated: February 7, 1994.
Barry E. Carter,
Acting Under Secretary for Export Administration.
[FR Doc. 94-3125 Filed 2-7-94; 8:45 am]
BILLING CODE 3510-DT-P