[Federal Register Volume 59, Number 190 (Monday, October 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24270]


[[Page Unknown]]

[Federal Register: October 3, 1994]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 770, 771, and 775

[Docket No. 94083-4243]
RIN 0694-AB00

 

Exports to Taiwan: Expansion of Import Certificate/Delivery 
Verification (IC/DV) Procedure, Shorter Processing Time Frames and 
General License GCG; and Revision of Romanian IC/DV Authority Address

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 Taiwan export licensing benefits available under 
the provisions of section 5(k) of the Export Administration Act of 
1979, as amended (EAA). This action will lessen the administrative 
burden on U.S. exporters and their foreign customers.
    Specifically, BXA is: Providing shorter processing times for 
license applications for Taiwan; and amending General License GCG to 
authorize certain shipments of U.S.-origin commodities to Taiwan.
    This rule also amends the Export Administration Regulations (EAR) 
to include new requirements based on the implementation of Import 
Certificate/Delivery Verification (IC/DV) procedures for Taiwan.
    The address for the authority administering the IC/DV system within 
Romania is also revised by this rule.

DATES: Effective date: This rule is effective October 3, 1994.
    Grace period: In lieu of the 45 day grace period provided in 15 CFR 
775.10(c)(2), a 90 day grace period will apply to the requirement to 
obtain the Taiwan Import Certificate to support an export license 
application.

FOR FURTHER INFORMATION CONTACT: Rodney Joseph, Office of Technology 
and Policy Analysis, Telephone: (202) 482-0171.

SUPPLEMENTARY INFORMATION:

Grace Period

    During the 90 day grace period indicated in DATES, applications 
destined for Taiwan will be accepted if supported by a Taiwan Import 
Certificate from either the Board of Foreign Trade, Hsinchu Science-
based Industrial Park, or the Export Processing Zone Administration, or 
a Form BXA-629P (Statement by Ultimate Consignee and Purchaser).

Background

    In April, 1994, Taiwan implemented an island-wide IC/DV system. 
This system extends the Hsinchu Science-based Industrial Park IC/DV 
system and makes Taiwan eligible for general license GCG and 15 day/15 
day license processing.
    The Bureau of Export Administration (BXA) requires a foreign 
importer to file an International Import Certificate (IC) in support of 
individual validated license applications to export certain commodities 
controlled for national security reasons to specified destinations. The 
commodities are identified by the code letter ``A'' following the 
Export Control Classification Number on the Commerce Control List, 
which identifies those items subject to Department of Commerce export 
controls. An IC is an undertaking by the government of the country of 
ultimate destination to exercise legal control over the disposition of 
those commodities covered by an IC.
    BXA also requires a Delivery Verification Certificate (DV) on a 
selective basis, as described in 15 CFR 775.3(i). A DV is issued by the 
government of the country of ultimate destination after the exported 
commodities have either entered the export jurisdiction of that country 
or are otherwise accounted for by the importer.
    New documentation practices adopted by Taiwan warrant the inclusion 
of that country in the IC/DV procedure. This rule amends the EAR by 
revising Taiwan's entry within the list of countries that issue Import 
Certificates and by revising the name and address of the Taiwan 
authorities in the list of foreign offices that administer the IC/DV 
systems.
    The main authority for administering the Taiwan IC/DV program is 
the Board of Foreign Trade, Ministry of Economic Affairs. There are 
also two satellite offices: the Science-Based Industrial Park 
Administration and the Export Processing Zone Administration. If the 
destination of the export is within the Science-Based Industrial Park 
or the Export Processing Zone, then one should apply for the IC/DV at 
the appropriate satellite office.
    This rule also revises the Romanian IC/DV authority address to the 
``Authorities Administering Import Certificate/Delivery Verification 
System in Foreign Countries'' table, Supplement No. 1 to Part 775.
    Although the Export Administration Act (EAA) expired on August 20, 
1994, the President invoked the International Emergency Economic Powers 
Act and continued in effect, to the extent permitted by law, the 
provisions of the EAA and the EAR in Executive Order 12924 of August 
19, 1994.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for 
purposes of 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 
(OMB) under control numbers 0694-0001, 0694-0005, 0694-0007, 0695-0010, 
and 0694-0016. Licensing requirements under OMB control numbers 0694-
0005, 0694-0007, and 0694-0010 will be reduced as a result of this 
rule, while there will be a small increase under 0694-0001 and 0694-
0016, thereby reducing overall the paperwork burden on the public.
    The Import Certificate issued by the Government of Taiwan does not 
constitute a collection of information under the Paperwork Reduction 
Act of 1980.
    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 the effective date, are 
inapplicable because this regulation involves a military or foreign 
affairs function of the United States. Further, 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 Sharron 
Cook, 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 and 775

    Exports, Reporting and recordkeeping requirements.

    Accordingly, Parts 770, 771, and 775 of the Export Administration 
Regulations (15 CFR parts 770, 771, and 775) are amended as follows:
    1. The authority citations for 15 CFR Parts 770 and 771 are revised 
to read as follows:

    Authority: 50 U.S.C. App. 5, as amended; Pub. L. 264, 59 Stat. 
619 (22 U.S.C. 287c), as amended; 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; sec. 125, Pub. 
L. 99-64, 99 Stat. 156 (46 U.S.C. 466c); Pub. L. 102-484, 106 Stat. 
2575 (22 U.S.C. 6004); 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. 12851 of June 11, 1993 (58 FR 33181, June 15, 1993); 
E.O. 12867 of September 30, 1993 (58 FR 51747, October 4, 1993); 
E.O. 12868 of September 30, 1993 (58 FR 51749, October 4, 1993); 
E.O. 12918 of May 26, 1994 (59 FR 28205, May 31, 1994); and E.O. 
12924 of August 19, 1994 (59 FR 43437 of August 23, 1994).

    2. The authority citation for 15 CFR Part 775 is revised 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 and Pub. 
L. 103-277, 108 Stat. 1407); 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. 12851 of June 11, 1993 (58 FR 33181, June 
15, 1993); E.O. 12867 of September 30, 1993 (58 FR 51747, October 4, 
1993); E.O. 12868 of September 30, 1993 (57 FR 51749, October 4, 
1993); E.O. 12924 of August 19, 1994 (59 FR 43437 of August 23, 
1994).

PART 770--[AMENDED]


Sec. 770.14  [Amended]

    3. Section 770.14(a) introductory text is amended by revising the 
phrase ``New Zealand, Sweden, and Switzerland.'' to read ``New Zealand, 
Sweden, Switzerland, and Taiwan.''.

PART 771--[AMENDED]

    4. Section 771.14(b) is amended by revising the second sentence to 
read as follows:


Sec. 771.14  General License GCG; shipments to agencies of cooperating 
governments.

* * * * *
    (b) * * * Cooperating governments are the national governments of 
Argentina, Australia, Austria, Belgium, Canada, Denmark, Finland, 
France, the Federal Republic of Germany, Greece, Hong Kong, Ireland, 
Italy, Japan, Korea (Republic of), Luxembourg, the Netherlands, New 
Zealand, Norway, Portugal, Singapore, Spain, Sweden, Switzerland, 
Taiwan, Turkey, the United Kingdom, and the United States.
* * * * *

PART 775--[AMENDED]


Sec. 775.1  [Amended]

    5. The Table in Sec. 775.1(b), entry number 1, column 2 is amended 
by removing the phrase ``(Hsinchu Science-based Industrial Park)''.


Sec. 775.3  [Amended]

    6. The list of countries in Sec. 775.3(b) is amended by revising 
the entry ``Taiwan (Hsinchu Science-based Industrial Park)'' to read 
``Taiwan''.
    7. The notes in Sec. 775.3(b) are amended by removing Note 2 and 
redesignating Note 3 as Note 2.

Supplement No. 1 to Part 775 [Amended]

    8. In Supplement No. 1 to Part 775 the entries for Romania and 
Taiwan (Hsinchu Science-based Industrial Park) and footnote 1 at the 
end of the table are revised to read as follows:

     Supplement No. 1.--Authorities Administering Import Certificate/Delivery Verification System in Foreign    
                                                  Countries\1\                                                  
                                        [See footnotes at end of table]                                         
----------------------------------------------------------------------------------------------------------------
                                                                                                      System    
     Country                                     IC/DV Authorities                               administered\2\
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                  * * * * * * *                                                 
Romania...........  National Agency for Control of Strategic Exports and Prohibition of          IC/DV          
                     Chemical Weapons, 13, Calea 13 Septembrie Casa Republicii, Gate A 1                        
                     Bucharest, Sector 5, Romania, P.O. Box 5-10, Phone: 401-311-2083, Fax :                    
                     401-311-1265.                                                                              
                                                                                                                
                                                                                                                
                                                  * * * * * * *                                                 
Taiwan............  Board of Foreign Trade, Ministry of Economic Affairs, 1 Hu-Kou Street,       IC/DV          
                     Taipei, Taiwan, R.O.C.                                                                     
                    Science-Based Industrial Park Administration, No. 2 Hsin Ann Road, Hsinchu,  IC/DV          
                     Taiwan.                                                                                    
                    Export Processing Zone Administration, 600 Chiachang Road, Nantz,                           
                     Kaohsiung, Taiwan.                                                                         
                                                                                                                
                                                                                                                
                                                 * * * * * * *                                                  
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\1\Facsimiles of Import Certificates and Delivery Verifications issued by each of these countries may be        
  inspected at the Bureau of Export Administration Western Regional Office, 3300 Irvine Avenue, Suite 345,      
  Newport Beach, California 92660-3198 or at any U.S. Department of Commerce District Office (see listing in    
  Commerce Office Addresses section of the publication U.S. Export Administration Regulations) or at the Office 
  of Export Licensing, Room 1099D, U.S. Department of Commerce, 14th Street and Pennsylvania Avenue, NW.,       
  Washington, DC 20230. Copies not available.                                                                   
\2\IC--Import Certificate and/or DV--Delivery Verification.                                                     

    Dated: September 26, 1994.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 94-24270 Filed 9-30-94; 8:45 am]
BILLING CODE 3510-DT-P