[Federal Register Volume 65, Number 145 (Thursday, July 27, 2000)]
[Rules and Regulations]
[Pages 46091-46092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19026]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 746

[Docket No. 000717209-0209-01]
RIN 0694-AC26


Reexports to Serbia of Foreign Registered Aircraft Subject to the 
Export Administration Regulations

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Export Administration (BXA) is amending the 
Export Administration Regulations (EAR) by reinstating provisions of 
License Exception AVS for temporary reexports to Serbia of foreign 
registered aircraft subject to the EAR. This limited action is taken in 
support of the European Union's six month suspension of its ban on 
flights to Serbia.

[[Page 46092]]


DATES: This rule is effective March 20, 2000.

FOR FURTHER INFORMATION CONTACT: James A. Lewis, Office of Strategic 
Trade and Foreign Policy Controls, Bureau of Export Administration, 
Telephone: (202) 482-0092.

SUPPLEMENTARY INFORMATION:   

Background

    The European Union has instituted a six-month suspension of its 
flight ban to Serbia in support of Serbia's democratic forces. In 
support of this suspension, the United States has taken action that 
will allow, under License Exception AVS, the temporary reexport to 
Serbia of foreign registered aircraft subject to the EAR. Foreign 
registered aircraft meeting all the temporary sojourn requirements of 
License Exception AVS may fly from foreign countries to Serbia without 
obtaining prior written authorization from BXA. This action is limited 
in scope and in no way impacts comprehensive U.S. sanctions against 
Serbia. Note that License Exception AVS remains unavailable to U.S. 
registered aircraft.
    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).

Rule Making Requirements

    1. This final rule has been determined to be non-significant for 
purposes of E.O. 12866.
    2. Notwithstanding 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 regulation does not 
involve any paperwork collections.
    3. This rule does not contain policies with Federalism implications 
sufficient to warrant preparation of a Federalism assessment under 
Executive Order 13132.
    4. The provisions of the Administrative Procedure Act requiring 
notice of proposed rule making, 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 rule making and an opportunity for public 
comment be given for this rule. Because a notice of proposed rule 
making and opportunities 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 Kirsten 
Mortimer, Office of Exporter Services, Bureau of Export Administration, 
Department of Commerce, P.O. Box 273, Washington, D.C. 20044.

List of Subjects 15 CFR Part 746

    Embargoes, Exports, Foreign trade, Reporting and recordkeeping 
requirements.

    Accordingly, Part 746 of the Export Administration Regulations (15 
CFR parts 730-774) is revised to read as follows:
    1. The authority citation for 15 CFR Part 746 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 287c; 22 U.S.C. 6004; E.O. 12854, 58 FR 36587, 3 CFR 1993 
Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; 
E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p.917; E.O. 13088, 63 FR 
32109, 3 CFR, 1998 Comp., p. 191; E.O. 13121 of April 30, 1999, 64 
FR 24021 (May 5, 1999); Notice of August 10, 1999, (3 CFR, 1999 
Comp. 302 (2000)).

PART 746--[AMENDED]

    2. Section 746.9 is amended by revising paragraph (a)(3) to read as 
follows:


Sec. 746.9  Serbia, Kosovo, and Montenegro.

* * * * *
    (a) * * *
    (3) License Exceptions. Items consigned to and for use by personnel 
and agencies of the U.S. Government under License Exception GOV (see 
Sec. 740.11(b)(2) of the EAR) and individual gift parcels under License 
Exception GFT (see Sec. 740.12(a) of the EAR) may be exported or 
reexported to Serbia. Temporary exports or reexports by the news media 
may be made to Serbia under License Exception TMP (see 
Sec. 740.9(a)(2)(viii) of the EAR). Temporary reexports of foreign 
registered aircraft may be made to Serbia under License Exception AVS 
(see Sec. 740.15(a)(4) of the EAR). No other License Exceptions are 
available for Serbia.
* * * * *

Eileen Albanese,
Acting Assistant Secretary for Export Administration.
[FR Doc. 00-19026 Filed 7-26-00; 8:45 am]
BILLING CODE 3510-33-P