[Federal Register Volume 64, Number 176 (Monday, September 13, 1999)]
[Rules and Regulations]
[Pages 49380-49382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23309]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 742 and 745

[Docket No. 990416098-9237-02]
RIN 0694-AB67


Chemical Weapons Conventions; Revisions to the Export 
Administration Regulations; States Parties; Licensing Policy 
Clarification

AGENCY: Bureau of Export Administration, Commerce

ACTION: Interim rule.

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SUMMARY: On May 18, 1999, the Bureau of Export Administration published 
an interim rule (64 FR 27138) implementing the export control and 
reporting provisions of the Chemical Weapons Convention. This rule adds 
Estonia, Holy See, Micronesia, Nigeria and Sudan to the list of States 
Parties to the Convention, and makes clarifications in the licensing 
policy for exports and reexports of Schedule 2 and Schedule 3 
chemicals. Finally, this rule also adds the addresses of the authorized 
agencies in Taiwan responsible for issuing End-Use Certificates, and 
removes the previously listed office.

DATES: This rule is effective September 13, 1999.

FOR FURTHER INFORMATION CONTACT: Nancy Crowe or Sharron Cook, 
Regulatory Policy Division, Bureau of Export Administration, at (202) 
482-2440.

SUPPLEMENTARY INFORMATION: On May 18, 1999, the Bureau of Export 
Administration published an interim rule (64 FR 27138) implementing the 
export control and certain reporting provisions of the Convention on 
the Prohibition of the Development, Production, Stockpiling, and Use of 
Chemical Weapons and on Their Destruction (Convention or CWC). This 
rule amends Supplement No. 2 to Part 745 of the Export Administration 
Regulations (EAR) to add Estonia, Holy See, Micronesia, Nigeria and 
Sudan to the list of States Parties to the Convention. This rule also 
clarifies that for CWC States Parties status only, Hong Kong is treated 
like the People's Republic of China. This does not change the export 
licensing policy for Hong Kong.
    This rule also amends Sec. 742.18(b) of the EAR to clarify the 
licensing policy for exports and reexports of Schedule 2 and Schedule 3 
chemicals to non-States Parties. Specifically, Sec. 742.18(b) is 
amended by removing the presumption of approval language with regard to 
exports and reexports of Schedule 2 and Schedule 3 chemicals to CWC 
States Parties as well as non-States Parties. This language is being 
removed because no license is required for exports and reexports of 
Schedule 2 and Schedule 3 chemicals to States Parties for the Chemical 
Weapons (``CW'') reason for control. Further, no license is required 
for exports of Schedule 2 chemicals to non-States Parties prior to 
April 29, 2000, for the CW reason for control unless the exporter is 
not able to obtain an End-Use Certificate prior to the export. Finally, 
no license is required for exports of Schedule 3 chemicals to non-
States Parties for the CW reason for control unless the exporter is not 
able to obtain an End-Use Certificate prior to the export. Applications 
for exports of Schedule 2 and Schedule 3 chemicals to non-States 
Parties when no End-Use Certificate is obtained will generally be

[[Page 49381]]

denied. Note that the revisions to Sec. 742.18(b) do not change current 
licensing policy.
    Finally, this rule also amends Supplement No. 3 to Part 745 to add 
the addresses of the authorized agencies in Taiwan responsible for 
issuing End-Use Certificates and remove the Taiwan office previously 
listed. Three offices in Taiwan have the responsibility for issuing 
End-Use Certificates. Two of the three offices (Export Processing Zone 
Administration and the Science-Based Industrial Park Administration) 
are in special economic zones and are responsible for the activity in 
their respective zones only.
    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 in Executive Order 12924 of August 19, 
1994, extended by Presidential notice of August 13, 1998 (63 FR 55121, 
August 17, 1998).

Rulemaking Requirements

    1. This interim rule has been determined to be not significant for 
purposes of E.O. 12866.
    2. Notwithstanding any other provision of law, no person is 
required to, nor shall any person be subject to a penalty for failure 
to comply with a collection of information, subject to the Paperwork 
Reduction Act (PRA), 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 1995 (44 U.S.C. 
3501 et seq.). These collections have been approved by the Office of 
Management and Budget under control numbers 0694-0088 and 0694-0117.
    3. This rule does not contain policies with Federalism implications 
sufficient to warrant preparation of a Federalism assessment under 
Executive Order 12612.
    4. 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 (Sec. 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.

List of Subjects

15 CFR Parts 742

    Exports, Foreign trade.

15 CFR Part 745

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

    Accordingly, parts 742 and 745 of the Export Administration 
Regulations (15 CFR Parts 730-799) are amended as follows:
    1. 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).

    2. The authority citation for 15 CFR part 745 is revised to read as 
follows:

    Authority: 50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 
CFR, 1994 Comp., p. 950; 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).

PART 742--AMENDED

    3. Section 742.18 is amended by removing paragraph (b)(2)(i), 
redesignating paragraphs (b)(2)(ii) and (iii) as (b)(2)(i) and (ii), 
and revising newly redesignated paragraph (b)(2)(i)(A) to read as 
follows:


Sec. 742.18  Chemical Weapons Convention (CWC or Convention).

* * * * *
    (b) * * *
    (1) * * *
    (2) Schedule 2 and Schedule 3 chemicals. (i)(A) ECCN 1C350. 
Applications to export Schedule 2 chemicals prior to April 29, 2000, 
and Schedule 3 chemicals controlled under ECCN 1C350 to CWC non-States 
parties will generally be denied.
* * * * *

PART 745--AMENDED

    4. Section 745.2 is amended by revising the third and fourth 
sentences in paragraph (a)(1), to read as follows:


Sec. 745.2  End--Use Certificate reporting requirements under the 
Chemical Weapons Convention.

* * * * *
    (a)(1) * * * Supplement No. 3 to this part includes foreign 
authorized agencies responsible for issuing End-Use Certificates 
pursuant to this section. Additional foreign authorized agencies 
responsible for issuing End-Use Certificates will be included in 
Supplement No. 3 to this part when known. * * *
* * * * *
    5. Supplement No. 2 to part 745 is revised to read as follows:
    Supplement No. 2 to Part 745--States Parties to the Convention on 
the Prohibition of the Development, Production, Stockpiling, and Use of 
Chemical Weapons and on Their Destruction

List of States Parties as of September 13, 1999

Albania
Algeria
Argentina
Armenia
Australia
Austria
Bahrain
Bangladesh
Belarus
Belgium
Benin
Bolivia
Bosnia-Herzegovina
Botswana
Brazil
Brunei Darussalam
Bulgaria
Burkina Faso
Burundi
Cameroon
Canada
Chile
China*
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    * For CWC purposes only, China includes Hong Kong.
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Cook Islands
Costa Rica
Cote d'Ivoire (Ivory Coast)
Croatia
Cuba
Cyprus
Czech Republic
Denmark
Ecuador
El Salvador
Equatorial Guinea
Estonia
Ethiopia
Fiji
Finland
France
Gambia
Georgia
Germany
Ghana
Greece
Guinea
Guyana

[[Page 49382]]

Holy See
Hungary
Iceland
India
Indonesia
Iran
Ireland
Italy
Japan
Jordan
Kenya
Korea (Republic of)
Kuwait
Laos (P.D.R.)
Latvia
Lesotho
Lithuania
Luxembourg
Macedonia
Malawi
Maldives
Mali
Malta
Mauritius
Mauritania
Mexico
Micronesia
Moldova (Republic of)
Monaco
Mongolia
Morocco
Namibia
Nepal
Netherlands
New Zealand
Niger
Nigeria
Norway
Oman
Pakistan
Panama
Papua New Guinea
Paraguay
Peru
Philippines
Poland
Portugal
Qatar
Romania
Russian Federation
Saint Lucia
Saudi Arabia
Senegal
Seychelles
Singapore
Slovak Republic
Slovenia
South Africa
Spain
Sri Lanka
Sudan
Suriname
Swaziland
Sweden
Switzerland
Tajikistan
Tanzania
Togo
Trinidad and Tobago
Tunisia
Turkey
Turkmenistan
United Kingdom
Ukraine
United States
Uruguay
Uzbekistan
Venezuela
Vietnam
Zimbabwe

    6. Supplement No. 3 to part 745 is amended by revising the title to 
the supplement, and the entry for Taiwan, to read as follows:

Supplement No. 3 to Part 745--Foreign Authorized Agencies 
Responsible for Issuing End-Use Certificates Pursuant to Sec. 745.2

* * * * *
Taiwan 1
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    \1\ Two of the three offices (Export Processing Zone 
Administration and the Science-Based Industrial Park Administration) 
are in special economic zones and are responsible for the activity 
in their respective zones.
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    Board of Foreign Trade, Ministry of Economic Affairs, 1 Hukou 
St., Taipei, Tel: (02) 2351-0271, Fax: (02) 2351-3603
    Export Processing Zone Administration, Ministry of Economic 
Affairs, 600 Chiachang Rd., Nantze, Kaohsiung, Tel: (07) 361-1212, 
Fax: (07) 361-4348
    Science-Based Industrial Park Administration, National Science 
Council, Executive Yuan, 2 Hsin-an Rd., Hsinchu, Tel: (03) 577-3311, 
Fax: (03) 577-6222

    Dated: September 1, 1999.
R. Roger Majak,
Assistant Secretary for Export Administration.
[FR Doc. 99-23309 Filed 9-10-99; 8:45 am]
BILLING CODE 3510-33-P