[Federal Register Volume 64, Number 167 (Monday, August 30, 1999)]
[Rules and Regulations]
[Pages 47104-47106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22154]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 734, 736, 742, 743, 748, 750 and 774

[Docket No. 990811216-9216-01]
RIN 0694-AB81


Editorial Clarifications and Revisions to the Export 
Administration Regulations

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule amends the Export Administration Regulations (EAR) 
by making certain editorial revisions and clarifications to simplify 
portions of the EAR and correct typographical errors.

DATES: This rule is effective August 30, 1999.

FOR FURTHER INFORMATION CONTACT: Frank J. Ruggiero, Office of Exporter 
Services, Bureau of Export Administration, Telephone:
    (202) 482-2440.

SUPPLEMENTARY INFORMATION: This rule makes the following corrections 
and clarifications:
    1. In paragraph 734.5(a) (Activities of U.S. and foreign persons 
subject to the EAR), the term ``nuclear explosive devices'' is added.
    2. In paragraph 736.2 (b)(3)(ii)(A)(1) (General Prohibition Three), 
a citation is given to clarify when written assurance from an ultimate 
consignee is needed to export the direct product of technology or 
software.
    3. Paragraph (c)(6)(ii)(D) of Supplement No. 2 to Part 742 (Anti-
Terrorism Controls; Iran, Syria and Sudan Contract Sanctity Dates and 
Related Topics), is corrected by replacing the phrase ``9A994'' with 
``9A991.d'' to conform with the Commerce Control List numbering changes 
made to implement the Wassenaar Arrangement.
    4. The heading of paragraph (c)(37) of Supplement No. 2 to Part 742 
(Anti-Terrorism Controls; Iran, Syria and Sudan Contract Sanctity Dates 
and Related Topics), is corrected by replacing the phrase ``ECCN 
2B992'' with ``ECCN 2B996'' to conform with the Commerce Control List 
numbering changes made to implement the Wassenaar Arrangement.
    5. In paragraph 743.1(c)(1)(v)(Wassenaar Arrangement), a 
grammatical correction is made.
    6. In the first sentence of paragraph (g)(1) of Supplement No. 2 to 
Part 748 (Unique License Application Requirements), the citation 
``Sec. 744.4'' is deleted.
    7. Supplement No. 4 to Part 748 (Authorities Administering Import 
Certificate/Delivery Verification (IC/DV) and End-Use Certificate 
Systems in Foreign Countries), the office title, address, phone and fax 
number of Australia and Belgium are revised.
    8. Paragraph 750.7(i) (Records) is redesignated as 750.7(j), and 
new language is added to paragraph 750.7(i) which clarifies that 
existing license conditions are terminated when License Exceptions 
become available or if a product can be exported or reexported without 
a license.
    9. In Category 0 to part 774 (Nuclear Materials, Facilities, and 
Equipment (And Miscellaneous Items)), the first Reason for Control for 
ECCN 0A984 is corrected to include shotguns with a barrel length equal 
to 18 inches.
    10. In Supplement No. 2 to part 774 (General Technology and 
Software Notes), the phrase ``License Exception OTS'' in the third 
paragraph of Note No. 1 is corrected to read ``License Exception TSU.''
    Although the Export Administration Act (EAA) expired on August 20, 
1994, the President invoked the International Emergency Economic Powers 
Act and continued in effect the EAR, and to the extent permitted by 
law, the provisions of the EAA, as amended, in Executive Order 12924 of 
August 19, 1994, as extended by the President's notices of August 15, 
1995 (60 FR 42767), August 14, 1996 (61 FR 42527) August 13, 1997 (62 
FR 43629), August 13, 1998 (63 FR 44121), and August 10, 1999 (64 FR 
44101).

Rulemaking Requirements

    1. This final rule has been determined to be not significant for 
the purposes of Executive Order 12866.
    2. Not withstanding any other provision of law, no person is 
required to respond to nor 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 current 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 collection has been approved by 
the Office of Management and Budget under control numbers 0694-0088, 
0694-0023, and 0694-0106. There are neither additions nor subtractions 
to these collections due to this rule.
    3. This rule does not contain policies with Federalism implications 
sufficient to warrant preparation of a Federalism

[[Page 47105]]

assessment under Executive Order 12612.
    4. The provisions of the Administrative Procedure Act requiring 
notice of proposed Rulemaking, the opportunity for public 
participation, and a delay in effective date, are inapplicable because 
this regulation involves a military or foreign affairs function of the 
United States (see 5 U.S.C. 553(a)(1)). Further, no other law requires 
that a notice of proposed Rulemaking and an opportunity for public 
comment be given for this rule. Because a notice of proposed Rulemaking 
and an opportunity for public comment are not required to be given for 
this rule by 5 U.S.C. 553, or by any other law, the analytical 
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., 
are inapplicable.
    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 Frank J. 
Ruggiero, Office of Exporter Services, Bureau of Export Administration, 
Department of Commerce, P.O. Box 273, Washington, DC 20044.

List of Subjects

15 CFR Part 734

    Administrative practice and procedure, Exports, Foreign trade, 
Inventions and patents, Research, Science and technology.

15 CFR Part 736

    Exports, Foreign trade.

15 CFR Part 742

    Exports, Foreign trade, Terrorism.

15 CFR Parts 743, 748, and 750

    Administrative practice and procedure, Exports, Foreign trade, 
Reporting and recordkeeping requirements.

15 CFR Part 774

    Exports, Foreign trade, Reporting and recordkeeping requirements.

    Accordingly, parts 734, 736, 742, 743, 748, 750 and 774 of the 
Export Administration Regulations (15 CFR Parts 730-774) are amended as 
follows:

PART 734--[AMENDED]

    1. The authority citation for 15 CFR Part 734 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; E.O. 12938, 59 
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR 54079, 3 CFR, 
1996 Comp. p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 
228; Notice of November 12, 1998, 63 FR 63589, 3 CFR, 1998 Comp., p. 
305; Notice of August 10, 1999, 64 FR 44101 (August 13, 1999).

    2. Section 734.5 is amended by revising the phrase ``proliferation 
of chemical or biological weapons or of missile technology as described 
in Sec. 744.6 of the EAR and'' in paragraph (a) to read ``proliferation 
of nuclear explosive devices, chemical or biological weapons, missile 
technology as described in Sec. 744.6 of the EAR, and''.

PART 736--[AMENDED]

    3. The authority citation for 15 CFR Parts 736 is revised to read 
as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; E.O. 13026, 61 
FR 58767, 3 CFR, 1996 Comp., p. 228; Notice of August 10, 1999, 64 
FR 44101 (August 13, 1999).

    4. Section 736.2 is amended by revising paragraph (b)(3)(ii)(A)(1), 
to read as follows:


Sec. 736.2  General prohibitions and determination of applicability.

* * * * *
    (b) * * *
    (3) * * *
    (ii) * * *
    (A) * * *
    (1) They are the direct product of technology or software that 
requires a written assurance as a supporting document for a license, as 
defined in paragraph (o)(3)(i) of Supplement No. 2 to part 748 of the 
EAR, or as a precondition for the use of License Exception TSR at 
Sec. 740.6 of the EAR, and
* * * * *

PART 742--[AMENDED]

    5. The authority citation for 15 CFR Part 742 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
18 U.S.C. 2510 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 
E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 
FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12924, 59 FR 43437, 3 CFR, 
1994 Comp., p. 917; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 
950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; Notice of 
November 12, 1998, 63 FR 63589, 3 CFR, 1998 Comp., p. 305; Notice of 
August 10, 1999, 64 FR 44101 (August 13, 1999).

    6. Supplement No. 2 to part 742 is amended by revising paragraph 
(c)(6)(ii)(D), to read as follows:
    Supplement No. 2 to Part 742--Anti-Terrorism Controls; Iran, Syria, 
and Sudan Contract Sanctity Dates and Related Policies
* * * * *
    (c) * * *
    (6) * * *
    (ii) * * *
    (D) Contract sanctity dates for helicopter or aircraft parts and 
components controlled by 9A991.d: August 28, 1991.
* * * * *
    7. Supplement No. 2 to part 742 (Anti-Terrorism Controls; Iran, 
Syria, and Sudan Contract Sanctity Dates and Related Policies), is 
amended by revising the phrase ``Manual dimensional inspection machines 
described in ECCN 2B992'' in the heading of paragraph (c)(37) to read 
``Manual dimensional inspection machines described in ECCN 2B996''.

PART 743--[AMENDED]

    8. The authority citation for 15 CFR part 743 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq; 50 U.S.C. 1701 et seq; 
E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; Notice of August 
10, 1999, 64 FR 44101 (August 13, 1999).

    9. Section 743.1 is amended by revising paragraph (c)(1)(v), to 
read as follows:


Sec. 743.1  Wassenaar Arrangement.

* * * * *
    (c) * * *
    (1) * * *
    (v) Category 5: 5A001.b.8, 5B001 (items specially designed for 
5A001.b.8), 5D001.a and .b, and 5E001.a;
* * * * *

PART 748--[AMENDED]

    10. The authority citation for 15 CFR Part 748 is revised to read 
as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; E.O. 13026, 61 
FR 58767, 3 CFR, 1996 Comp., p. 228; Notice of August 10, 1999, 64 
FR 44101 (August 13, 1999).

    11. Supplement No. 2 to part 748 (Unique License Application 
Requirements), is amended by revising the phrase ``Sec. 742.3 or 
Sec. 744.4 of the EAR,'' in paragraph (g)(1) introductory text to read 
``Sec. 742.3 of the EAR,''.
    12. Supplement No. 4 to part 748 is amended by revising the entry 
for ``Australia'' and ``Belgium'' to read as follows:
    Supplement No. 4 to Part 748--Authorities Administering Import 
Certificate/Delivery Verification (IC/DV) and End Use Certificate 
Systems in Foreign Countries

[[Page 47106]]



------------------------------------------------------------------------
     Country              IC/DV authorities          System administered
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
Australia........  Director, Strategic Trade        IC/DV.
                    Policy and Operations,
                    Industry & Procurement
                    Infrastructure Division,
                    Department of Defence,
                    Campbell Park 4-1-53, Canberra
                    ACT 2600 Phone: +61 (0)2 6266
                    3717, Fax: +61 (0)2 6266 2997.
 
*                  *                  *                  *
                  *                  *                  *
Belgium..........  Ministere Des Affaires           IC/DV.
                    Economiques, Administration
                    Des Relations Economiques Rue
                    General Leman, 60 1040
                    Bruxelles Phone: 02/206.58.16,
                    Fax: 02/230.83.22.
 
*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------

PART 750--[AMENDED]

    13. The authority citation for 15 CFR Part 750 is revised to read 
as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; E.O. 12981, 60 
FR 62980, 3 CFR, 1997 Comp., p. 60; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; Notice of August 10, 1999, 64 FR 44101 (August 
13, 1999).

    14. Section 750.7 is amended by:
    a. redesignating paragraph (i) as paragraph (j), and
    b. adding a new paragraph (i) to read as follows:


Sec. 750.7  Issuance of licenses.

* * * * *
    (i) Terminating license conditions. Exporters or reexporters who 
have shipped under licenses with conditions that would not apply to an 
export under a License Exception or if no license was required, and 
foreign consignees who have agreed to such conditions, are no longer 
bound by these conditions when the licensed items become eligible for a 
License Exception or can be exported or reexported without a license. 
Items that become eligible for a License Exception are subject to the 
terms and conditions of the applicable License Exception and to the 
restrictions in Sec. 740.2 of the EAR. Items that become eligible for 
export without a license remain subject to the EAR and any export, 
reexport, or disposition of such items may only be made in accordance 
with the requirements of the EAR. Termination of license conditions 
does not relieve an exporter or reexporter of its responsibility for 
violations that occurred prior to the availability of a License 
Exception or prior to the removal of license requirements.
* * * * *

PART 774--[AMENDED]

    15. The authority citation for 15 CFR Part 774 is revised to read 
as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420, 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. 287c, 
3201 et seq., 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a, 6212; 
43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; E.O. 12924, 
59 FR 43437, 3 CFR, 1994 Comp., p. 917; E.O. 13026, 61 FR 58767, 3 
CFR, 1996 Comp., p. 228; Notice of August 10, 1999, 64 FR 44101 
(August 13, 1999).

    16. In Supplement No. 1 to part 774, Category 0--Nuclear Materials, 
Facilities, and Equipment [And Miscellaneous Items] is amended by 
revising ECCN 0A984 to read as follows: Supplement No. 1 to--

PART 774--THE COMMERCE CONTROL LIST

* * * * *
    0A984  Shotguns, barrel length 18 inches (45.72 cm) inches or over; 
buckshot shotgun shells; except equipment used exclusively to treat or 
tranquilize animals, and except arms designed solely for signal, flare, 
or saluting use; and parts, n.e.s.

License Requirements

    Reason for Control: CC, UN.

----------------------------------------------------------------------------------------------------------------
                         Control(s)                                             Country Chart
----------------------------------------------------------------------------------------------------------------
CC applies to shotguns with a barrel length greater than or  CC Column 1.
 equal to 18 in. (45.72 cm), but less than 24 in. (60.96
 cm) or buckshot shotgun shells controlled by this entry,
 regardless of end-user.
CC applies to shotguns with a barrel length greater than or  CC Column 2.
 equal to 24 in. (60.96 cm), regardless of end-user.
CC applies to shotguns with a barrel length greater than or  CC Column 3.
 equal to 24 in. (60.96 cm) if for sale or resale to police
 or law enforcement.
UN applies to entire entry.................................  Rwanda; Federal Republic of Yugoslavia (Serbia and
                                                              Montenegro).
----------------------------------------------------------------------------------------------------------------

License Exceptions

LVS: N/A
GBS: N/A
CIV: N/A

List of Items Controlled

    Unit: $ value.
    Related Controls: This entry does not control shotguns with a 
barrel length of less than 18 inches (45.72 cm). (See 22 CFR part 121.) 
These items are subject to the export licensing authority of the 
Department of State, Office of Defense Trade Controls.
    Related Definitions: N/A.
    Items: The list of items controlled is contained in the ECCN 
heading.
* * * * *
    17. Supplement No. 2 to part 774 is amended by revising the phrase 
``License Exception OTS'' in paragraph 1. General Technology Note to 
read ``License Exception TSU''.

    Dated: August 19, 1999.
R. Roger Majak,
Assistant Secretary for Export Administration.
[FR Doc. 99-22154 Filed 8-27-99; 8:45 am]
BILLING CODE 3510-33-P