[Federal Register Volume 59, Number 54 (Monday, March 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6416]


[[Page Unknown]]

[Federal Register: March 21, 1994]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 770, 771, 773, and 774

[Docket No. 940256-4056]
RIN 0694-AA76

 

Exports to the Republic of Korea (South Korea): General License 
GCT, Permissive Reexports From the Republic of Korea to the People's 
Republic of China, Permissive Reexports From COCOM Participating and 
Fully Cooperating Countries, Permissive Reexports to COCOM 
Participating Countries, and Higher Level Computers Under the 
Distribution License Procedure

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

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SUMMARY: As part of the Department of Commerce initiative to streamline 
export licensing requirements for exports to countries that are 
demonstrating increased ability to safeguard reexports of U.S.-origin 
strategic goods and technology, the Bureau of Export Administration 
(BXA) is extending to the Republic of Korea (South Korea) additional 
export licensing benefits available under the provisions of section 
5(k) of the Export Administration Act of 1979, as amended (EAA). The 
Republic of Korea currently enjoys General License GCG and shorter 
processing times for license applications. This action will lessen the 
administrative burden on U.S. exporters and their foreign customers.

EFFECTIVE DATE: This rule is effective March 21, 1994.

FOR FURTHER INFORMATION CONTACT: Rod Joseph, Office of Technology and 
Policy Analysis, Bureau of Export Administration, U.S. Department of 
Commerce, Telephone: (202) 482-4253.

SUPPLEMENTARY INFORMATION:

    Specifically, BXA is:
     Amending section 770.2 of the Export Administration 
Regulations (EAR) to identify the Republic of Korea as a ``cooperating 
country'';
     Amending General License GCT to authorize certain 
shipments of U.S.-origin commodities to the Republic of Korea;
     Removing the requirement for specific U.S. reexport 
authorization for reexports from the Republic of Korea to the People's 
Republic of China of commodities described in Advisory Notes for the 
People's Republic of China or for Country Groups QWY;
     Amending the permissive reexport provisions of EAR 
sections 774.2(i) and 774.2(k) to include the Republic of Korea; and
     Amending the Distribution License procedure to authorize 
exports to the Republic of Korea of computers up to but not including 
the supercomputer level.

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 a collection of information subject to the 
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This 
collection has been approved by the Office of Management and Budget 
under control numbers 0694-0005, 0694-0007, 0695-0010, and 0694-0015. 
Licensing requirements will be reduced as a result of this rule, 
thereby reducing the paperwork burden on the public.
    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. This rule does not impose a new control. 
No other law requires that a notice of proposed rulemaking and an 
opportunity for public comment be given for this rule.
    Accordingly, it is issued in final form. However, comments from the 
public are always welcome. Comments should be submitted to Patricia 
Muldonian, Office of Technology and Policy Analysis, Bureau of Export 
Administration, Department of Commerce, P.O. Box 273, Washington, DC 
20044.

List of Subjects

15 CFR Part 770

    Administrative practice and procedure, Exports

15 CFR Parts 771, 773, and 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, parts 770, 771, 773, and 774 of the Export 
Administration Regulations are amended as follows:
    1. The authority citations for 15 CFR parts 770, 771, and 774 
continue 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. 210 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 12, 1993 (58 FR 60361, November 15, 1993); E.O. 12867 of 
September 30, 1993 (58 FR 51749, October 4, 1993); and E.O. 12868 of 
September 30, 1993 (58 FR 51749, October 4, 1993).

    2. The authority citation for 15 CFR part 773 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. 12730 of September 30, 1990 
(55 FR 40373, October 2, 1990), as continued by Notice of November 
12, 1993 (58 FR 60361, November 15, 1993); (57 FR 53979, November 
13, 1992); E.O. 12867 of September 30, 1993 (58 FR 51749, October 4, 
1993); and E.O. 12868 of September 30, 1993 (58 FR 51749, October 4, 
1993).

PART 770--[AMENDED]

    3. Section 770.2 is amended by revising the definition for 
``Cooperating country'' to read as follows:


Sec. 770.2  Definition of terms.

* * * * *
    Cooperating country. A country that cooperates fully with the COCOM 
member countries in restricting strategic exports to controlled 
countries in accordance with COCOM standards. The ``Cooperating 
Countries'' are: Austria, Finland, Hong Kong, Ireland, Korea (Republic 
of), New Zealand, Sweden, and Switzerland.
* * * * *

PART 771--[AMENDED]

    4. In Sec. 771.25 is amended:
    a. By revising the phrase ``Japan, Luxembourg,'' to read ``Japan, 
Korea (Republic of), Luxembourg,'' in paragraph (b); and
    b. By revising the phrase ``Ireland, New Zealand,'' to read 
``Ireland, Korea (Republic of), New Zealand,'' in paragraph (f)(2) 
everywhere it appears.

PART 773--[AMENDED]

Supplement 8 to Part 773 [Amended]

    5. In part 773, Supplement No. 8 is amended by adding in 
alphabetical order ``Korea (Republic of)'' to the list of countries.

PART 774--[AMENDED]


Sec. 774.2  [Amended]

    6. In Sec. 774.2, paragraph (i)(1) is amended by adding the word 
``Korea (Republic of),'' immediately after the word ``Japan,''.
    7. In Sec. 774.2, paragraph (j) introductory text is amended by 
adding the word ``Korea (Republic of),'' immediately after the word 
``Ireland,''.
    8. In Sec. 774.2, paragraph (k) introductory text is amended by 
adding the word ``Korea (Republic of),'' immediately after the word 
``Ireland,''.
    9. In Sec. 774.2, paragraph (k)(2) is amended by adding the word 
``Korea (Republic of),'' immediately after the word ``Ireland,''.

    Dated: March 15, 1994.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 94-6416 Filed 3-18-94; 8:45 am]
BILLING CODE 3510-DT-P