[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Rules and Regulations]
[Pages 65526-65528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30776]



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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 771, 779 and 799

[Docket No. 951211296-5296-01]
RIN 0694-AB30


Expansion of General License GLX and GTDR

AGENCY: Bureau of Export Administration.

ACTION: Final rule.

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SUMMARY: This final rule revises the Export Administration Regulations 
(EAR) by expanding General License GLX eligibility to include: 
microprocessors with a composite theoretical performance not exceeding 
500 million theoretical operations per second; memory integrated 
circuits; certain digital integrated circuits; field programmable gate 
arrays and logic arrays; portable (personal) or mobile radiotelephones 
not capable of end-to-end encryption; and software to protect against 
computer viruses.
    In addition, revisions have been made to expand eligibility for 
General License GTDR with written assurance to include virus protection 
software controlled under ECCN 5D13A.c.
    This rule also revises the list of ``Additional Items Eligible for 
General License GLX'' included in a supplement to the General License 
section of the EAR to reflect the expansion of General License GLX, and 
makes editorial corrections to the permissive reexport provisions for 
technical data.
    The expansion of General License GLX and GTDR to include additional 
items will reduce paperwork and licensing delays for exporters, and 
will focus controls on exports that are of direct strategic concern.

EFFECTIVE DATE: This rule is effective December 20, 1995.

FOR FURTHER INFORMATION CONTACT:
For questions of a general nature, call Nancy Crowe, Bureau of Export 
Administration, Telephone: (202) 482-2440.
    For questions of a technical nature on digital mobile telephones 
call Joseph Young, Bureau of Export Administration, Telephone: (202) 
482-4197. 

[[Page 65527]]

    For questions of a technical nature on semiconductors call Robert 
Lerner, Bureau of Export Administration, Telephone: (202) 482-3710.

SUPPLEMENTARY INFORMATION:

Background

    In response to the realities of a post-Cold War era, the Bureau of 
Export Administration published a final rule in the Federal Register on 
April 4, 1994, (59 FR 15621) that established General License GLX in 
section 771.20 of the Export Administration Regulations (EAR). General 
License GLX allows exports of many items, without the requirement of an 
individual validated license, to civil end-users and end-uses in 
formerly COCOM-proscribed destinations. This general license is 
available for items previously covered by Administrative Exception 
Notes in the Commerce Control List (CCL), with certain specified 
exceptions and additions noted in the EAR. General License GLX is not 
available for exports to military end-users or for known military end-
uses. In addition to conventional military activities, military end-
uses include any proliferation activities described in Part 778 of the 
EAR. Retransfers to military end-users or end-uses in countries 
eligible for General License GLX are strictly prohibited without prior 
authorization from the Department of Commerce.
    Currently, most computer and telecommunications equipment listed on 
the CCL are eligible for General License GLX, except for most portable 
radiotelephones, virus protection software, and electronic devices and 
components. Since the formerly COCOM-proscribed destinations as well as 
the People's Republic of China are emerging markets for these items, 
and because this step is consistent with the national security and 
foreign policy objectives of the United States, this rule expands 
General License GLX for such items to ensure U.S. manufacturers remain 
competitive in these areas.
    This rule expands General License GLX to include: microprocessors 
with a composite theoretical performance not exceeding 500 million 
theoretical operation per second identified under ECCN 3A01A.a.3.; 
memory integrated circuits identified under ECCN 3A01A.a.4.; digital-
to-analog converters identified under ECCN 3A01.a.5.b.; field 
programmable gate arrays and logic arrays identified under ECCN 
3A01A.a.7., and a.8.; digital integrated circuits identified under ECCN 
3A01A.a.11.; portable (personal) or mobile radiotelephones not capable 
of end-to-end encryption identified under Export Control Classification 
Number (ECCN) 5A11A.a.; and software to protect against computer 
viruses identified under ECCN 5D13A.c.
    This rule also removes ECCNs 4B01A, 4B02A, 4B03A and 4C01A from 
Supplement No. 1 to Part 771 of the EAR, Additional Items Eligible for 
General License GLX. This editorial revision conforms the GLX 
supplement with the removal of these ECCNs from the CCL on May 16, 1994 
(59 FR 25314).
    In addition, eligibility for General License GTDR with letter of 
assurance has been expanded to include virus protection software 
controlled under ECCN 5D13A.c. Note that such software is also eligible 
for General License GLX, and exporters may use either general license, 
whichever appropriate, provided that the export meets all the 
provisions of the general license.
    This rule also makes editorial changes to the permissive reexport 
provisions for technical data based upon authorization by COCOM 
participating countries. Finally, this rule makes editorial changes to 
the permissive reexport provisions for the direct product of U.S.-
origin technical to clarify the original intent. These clarifications 
do not provide substantive changes to the EAR.
    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, and notice of August 15, 1995 (60 FR 42767).

Rulemaking Requirements

    1. This final rule has been determined to be not significant for 
the purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to nor shall a person 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 currently 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 collections have been 
approved by the Office of Management and Budget under control numbers 
0694-0005, 0694-0007, 0694-0010, and 0694-0023.
    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 the 
Administrative Procedure Act (5 U.S.C. 553) or by any other law, under 
sections 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 military and 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.

List of Subjects

15 CFR Parts 771, 799

    Exports, Reporting and recordkeeping requirements.

15 CFR Part 779

    Computer technology, Exports, Reporting and recordkeeping 
requirements, Science and technology.

    Accordingly, Parts 771, 779, and 799 of the Export Administration 
Regulations (15 CFR Parts 730-799) are amended as follows:

    1. The authority citation for 15 CFR Parts 771 and 799 continue 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. 
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 12918 of May 
26, 1994 (59 FR 28205, May 31, 1994); E.O. 12924 of August 19, 1994 
(59 FR 43437 of August 23, 1994); and E.O. 12938 of November 14, 
1994 (59 FR 59099 of November 16, 1994).

    2. The authority citation for 15 CFR Part 779 continues to read as 
follows:


[[Page 65528]]

    Authority: Pub. L. 96-72, 93 Stat. 503 (50 U.S.C. App. 2401 et 
seq.), as amended; Pub. L. 95-223, 91 Stat. 1626 (50 U.S.C. 1701 et 
seq.); Pub. L. 90-351, 82 Stat. 197 (18 U.S.C. 2510 et seq.), as 
amended Pub. L. 95-242, 92 Stat. 120 (22 U.S.C. 3201 et seq. and 42 
U.S.C. 2139a); Pub. L. 102-484, 106 Stat. 2575 (22 U.S.C. 6004); 
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 
September 25, 1992 (57 FR 44649, September 28, 1992); E.O. 12924 of 
August 19, 1994 (59 FR 43437, August 23, 1994); and E.O. 12938 of 
November 14, 1994 (59 FR 59099 of November 16, 1994).

PART 771--[AMENDED]

    3. Supplement No. 1 to Part 771, is revised to read as follows:

Supplement No. 1 to Part 771--Additional Items Eligible for General 
License GLX

    Note: Portions of some items listed in this Supplement are 
controlled for missile technology (MT), nuclear proliferation (NP), 
or foreign policy (FP) reasons. Exporters are reminded that such 
portions are not eligible for General License GLX. Refer to the 
specific ECCNs to identify those portions of entries subject to MT, 
NP, or FP controls.

CATEGORY 1
    1D01A
    1D02A
CATEGORY 2
    2A01A
    2A02A
    2A03A
    2A04A
    2A06A
    2B03A.a
CATEGORY 3
    3A01A.a.3. (up to 500 Mtops only)
    3A01A.a.4.
    3A01A.a.5  (except a.5.a.)
    3A01A.a.7.
    3A01A.a.8.
    3A01A.a.11
    3A02A.h.
CATEGORY 4
    4A03A.d  (having a 3-D vector rate less than 10M vectors/sec.)
    4A03A.f
CATEGORY 5
    5A02A  (except .h and .i)
    5A03A
    5A04A
    5A05A
    5A06A
    5A11A.a  (portable or mobile radiotelephones for use with 
commercial civil cellular radiocommunications systems, not capable of 
end-to-end encryption)
    5B01A
    5B02A
    5C01A
    5D01A
    5D02A
    5D03A
    5D13A.c
CATEGORY 6
    6A01A.b
    6A02A.a.4
    6A03A.a.1
    6A04A.f
    6A05A.c.2.a
    6A05A.d
    6A05A.e
    6B05A
    6A08A.b
    6A08A.c
    6A08A.l.1.
    6C02A.c
    6C04A.h
    6D03A.d
CATEGORY 8
    8A02A.e.2
CATEGORY 9
    9B01A.a
    9B02A.b
    9B01A.f
    9B01A.h
    9B05A
    9B06A

PART 779--[AMENDED]


Sec. 779.8  [Amended]

    5. Section 779.8 is amended:
    a. By revising the word ``exported'' in paragraph (b)(2)(i) to read 
``reexported'';
    b. by revising the phrase ``export or reexport'' in paragraph 
(b)(2)(ii), (b)(2)(iii) and (b)(2)(iv) to read ``reexport''; and
    c. by revising the phrase ``export or reexport'' in paragraph 
(b)(3) to read ``export from abroad''.

PART 799--[AMENDED]

Supplement No. 1 to Sec. 799.1--[Amended]

    6. In Supplement No. 1 to Section 799.1, section II of Category 5 
(Telecommunications and ``Information Security''), ECCN 5D13A is 
amended by revising the Requirements section to read as follows:

5D13A  Specific ``Software'' as Follows

Requirements

    Validated License Required: QSTVWYZ
    Unit: $ value
    Reason for Control: NS
    GTDR: Yes, for 5D13.c and software described in Advisory Note 5 
only. (See Note)
    GTDU: No

    Note: Exporter must have determined that the software is not 
controlled by the Office of Defense Trade Controls, Department of 
State, before using this general license.
* * * * *
    Dated: December 14, 1995.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 95-30776 Filed 12-19-95; 8:45 am]
BILLING CODE 3510-DT-P