[Federal Register Volume 65, Number 178 (Wednesday, September 13, 2000)]
[Rules and Regulations]
[Pages 55177-55180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23481]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 738, 742, 746, and 774

[Docket No. 000822242-0242-01]
RIN 0694-AC31


Crime Control Items: Revisions to the Commerce Control List

AGENCY: Bureau of Export Administration, Commerce

ACTION: Interim rule.

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SUMMARY: In support of U.S. foreign policy to promote the observance of 
human rights throughout the world, the Bureau of Export Administration 
maintains controls on crime control items. This rule expands controls 
on restraint devices, such as handcuffs, and on discharge type arms, 
such as stun guns or shock batons.

DATES: Effective Date: This rule is effective September 13, 2000.
    Comments: Written comments must be received no later than October 
13, 2000.

ADDRESSES: Written comments should be sent to Hillary Hess, Regulatory 
Policy Division, Bureau of Export Administration, Department of 
Commerce, P.O. Box 273, Washington, DC 20044.

FOR FURTHER INFORMATION CONTACT: James A. Lewis, Director, Office of 
Strategic Trade, at (202) 482-0092.

SUPPLEMENTARY INFORMATION:

Background

    The Bureau of Export Administration maintains the Commerce Control 
List (CCL), which contains items classified under Export Control 
Classification Numbers (ECCNs). This rule removes saps and police 
helmets and shields from ECCN 0A982, placing saps in new ECCN 0A978 and 
police helmets and shields in new ECCN 0A979. Distinguishing between 
restraint devices and other police equipment will result in more 
transparent licensing statistics on items controlled for crime control 
reasons. This rule also removes fingerprinting powders, dyes, and inks 
from ECCN 1A984 and places them in new ECCN 1A985, which improves the 
grouping of these items on the CCL. This rule then expands controls on 
restraint devices and on discharge type arms controlled under ECCNs 
0A982 and 0A985, respectively, requiring a license for all 
destinations, except Canada, and imposes controls on technology for the 
development or production of those items under new ECCN 0E982. In 
addition, this rule modifies the license review policy to include 
consideration of whether there is civil disorder in the country or 
region or whether there is evidence that the government of the 
importing country may have violated internationally recognized human 
rights. The judicious use of export controls is intended to deter the 
development of a consistent pattern of human rights abuses, distance 
the United States from such abuses and avoid contributing to civil 
disorder in a country or region.
    BXA is revising Sec. 742.7 to reflect the changes to crime control 
items on the CCL, and is making conforming changes to part 746 
(Embargoes and Special Controls).
    This action is taken consistent with the provisions of the Export 
Administration Act (EAA) and with the concurrence of the Secretary of 
State. BXA submitted a foreign policy report to the Congress indicating 
the expansion and imposition of new foreign policy controls on August 
22, 2000.
    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, 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), August 10, 1999 (64 F.R. 44101) and 
August 3, 2000 (65 FR 48347).

Saving Clause

    Shipments of items removed from eligibility for export or reexport 
under the designator NLR, as a result of this regulatory action, may 
continue to be exported or reexported under that designator until 
October 13, 2000. In addition, this rule revises the numbering and 
structure of certain entries on the Commerce Control List. For items 
under such entries and for October 13, 2000, BXA will accept license 
applications for items described either by the entries in effect 
immediately before September 13, 2000 or the entries described in this 
rule.

Rulemaking Requirements

    1. This interim rule has been determined to be significant for 
purposes of Executive Order 12866.
    2. This rule involves a collection 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 number 0694-0088, ``Multi-Purpose Application,'' which 
carries a burden hour estimate of 40 minutes to prepare and submit 
electronically and 45 minutes to submit manually on form BXA-748P. 
Notwithstanding any other provision of law, no person is required to 
respond nor shall any 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.
    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 (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. 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 interim rule. Because 
a notice of proposed rulemaking and an opportunity for public comment 
are not required to be given for this rule under 5 U.S.C. or by any 
other law, the analytical requirements of the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq. ) are not applicable.
    However, because of the importance of the issues raised by these 
regulations, this rule is issued in interim form and comments will be 
considered in the development of final regulations. Accordingly, the 
Department

[[Page 55178]]

encourages interested persons who wish to comment to do so at the 
earliest possible time to permit the fullest consideration of their 
views.
    The period for submission of comments will close October 13, 2000. 
The Department will consider all comments received before the close of 
the comment period in developing final regulations. Comments received 
after the end of the comment period will be considered if possible, but 
their consideration cannot be assured. The Department will not accept 
public comments accompanied by a request that a part or all of the 
material be treated confidentially because of its business proprietary 
nature or for any other reason. The Department will return such 
comments and materials to the person submitting the comments and will 
not consider them in the development of final regulations. All public 
comments on these regulations will be a matter of public record and 
will be available for public inspection and copying. In the interest of 
accuracy and completeness, the Department requires comments in written 
form.
    Oral comments must be followed by written memoranda, which will 
also be a matter of public record and will be available for public 
review and copying. Communications from agencies of the United States 
Government or foreign governments will not be made available for public 
inspection.
    Copies of the public record concerning these regulations may be 
requested from: Bureau of Export Administration, Office of 
Administration, U.S. Department of Commerce, Room 6883, 14th and 
Constitution Avenue, NW, Washington, DC 20230; (202) 482-0637. This 
component does not maintain a separate public inspection facility. 
Requesters should first view BXA's website (which can be reached 
through http://www.bxa.doc.gov). If requesters cannot access BXA's 
website, please call the number above for assistance.

List of Subjects

15 CFR Parts 738, 742 and 774

    Exports, Foreign trade.

15 CFR Part 746

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

    Accordingly, parts 738, 742, 746, and 774 of the Export 
Administration Regulations (15 CFR parts 730 through 799) are amended 
as follows:
    1. The authority citation for part 738 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; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. 
287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 
185(u); 42 U.S.C. 2139a; 42 U.S.C. 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 3, 2000 (65 FR 48347, August 8, 2000).


    2. The authority citation for 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 3, 2000 (65 FR 48347, August 8, 2000).

    3. The authority citation for part 746 is revised 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 3, 2000 (65 FR 48347, 
August 8, 2000).

    4. The authority citation for 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; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. 
287c, 22 U.S.C. 3201 et seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 
185(u); 42 U.S.C. 2139a; 42 U.S.C. 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 3, 2000 (65 FR 48347, August 8, 2000).

PART 738--[AMENDED]


Sec. 738.3  [Amended]

    5. Section 738.3 is amended by revising the phrase ``ECCNs 0A988, 
0A989, 0A999, 0B986, 0B999, 0D999, 1A999, 1B999, 1C355, 1C995, 1C998, 
1C999, 1D999, 2A994, 2A999, 2B999, 2D994, 2E994, 3A999, and 6A999'' in 
paragraph (a)(2)(ii) to read ``ECCNs 0A982, 0A985, 0A988, 0A989, 0A999, 
0B986, 0B999, 0D999, 0E982, 1A999, 1B999, 1C355, 1C995, 1C998, 1C999, 
1D999, 2A994, 2A999, 2B999, 2D994, 2E994, 3A999, and 6A999''.

PART 742--[AMENDED]

    6. Section 742.7 is revised to read as follows:


Sec. 742.7  Crime control.

    (a) License requirements. In support of U.S. foreign policy to 
promote the observance of human rights throughout the world, a license 
is required to export and reexport crime control and detection 
equipment, related technology and software as follows:
    (1) Crime control and detection instruments and equipment and 
related technology and software identified in the appropriate ECCNs on 
the CCL under CC Column 1 in the Country Chart column of the ``License 
Requirements'' section. A license is required to countries listed in CC 
Column 1 (Supplement No. 1 to part 738 of the EAR). Items affected by 
this requirement are identified on the CCL under the following ECCNs: 
0A978, 0A979, 0A984, 0A987, 0E984, 1A984, 1A985, 3A980, 3A981, 3D980, 
3E980, 4A003 (for fingerprint computers only), 4A980, 4D001 (for 
fingerprint computers only), 4D980, 4E001 (for fingerprint computers 
only), 4E980, 6A002 (for police-model infrared viewers only), 6E001 
(for police-model infrared viewers only), 6E002 (for police-model 
infrared viewers only), and 9A980.
    (2) Shotguns with a barrel length greater than or equal to 24 
inches, identified in ECCN 0A984 on the CCL under CC Column 2 in the 
Country Chart column of the ``License Requirements'' section regardless 
of end-user to countries listed in CC Column 2 (Supplement No. 1 part 
738 of the EAR).
    (3) Shotguns with barrel length greater than or equal to 24 inches, 
identified in ECCN 0A984 on the CCL under CC Column 3 in the Country 
Chart column of the ``License Requirements'' section only if for sale 
or resale to police or law enforcement entities in countries listed in 
CC Column 3 (Supplement No. 1 part 738 of the EAR).
    (4) Certain crime control items require a license to all 
destinations, except Canada. These items are identified under ECCNs 
0A982, 0A985, and 0E982. Controls for these items appear in each ECCN; 
a column specific to these controls does not appear in the Country 
Chart (Supplement No. 1 to part 738 of the EAR).
    (5) See Sec. 742.11 of the EAR for further information on items 
controlled under ECCN 0A983, which require a license to all 
destinations, including Canada.
    (b) Licensing policy. Applications for items controlled under this 
section will generally be considered favorably on a case-by-case basis 
unless there is civil disorder in the country or region or unless there 
is evidence that the government of the importing country

[[Page 55179]]

may have violated internationally recognized human rights. The 
judicious use of export controls is intended to deter the development 
of a consistent pattern of human rights abuses, distance the United 
States from such abuses and avoid contributing to civil disorder in a 
country or region.
    (c) Contract sanctity. Contract sanctity date: August 22, 2000. 
Contract sanctity applies only to items controlled under ECCNs 0A982, 
0A985 and 0E982 destined for countries not listed in CC Column 1 of the 
Country Chart (Supplement No. 1 to part 738 of the EAR).
    (d) U.S. controls. Although the United States seeks cooperation 
from like-minded countries in maintaining controls on crime control and 
detection items, at this time these controls are maintained only by the 
United States.

PART 746--[AMENDED]

    7. Section 746.8 is amended by revising paragraph (b)(1)(ii) to 
read as follows:


Sec. 746.8  Rwanda.

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (ii) Items described by any ECCN ending in ``018'', and items 
described by ECCNs 0A978; 0A979; 0A982; 0A984; 0A986; 0A988; 0B986; 
0E982; 1A005; 5A980; 6A002.a.1, a.2, a.3, and .c; 6A003.b.3 and b.4; 
6E001; 6E002; and 9A991.a.
* * * * *

    8. Section 746.9 is amended by revising paragraph (b)(1)(ii) to 
read as follows:


Sec. 746.9  Serbia, Kosovo, and Montenegro.

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (ii) Items described by ECCNs ending in ``018''; and 0A978, 0A979, 
0A982, 0A983, 0A984, 0A985, 0A986, 0A988, 0A989, 0B986, 0E982, 0E984, 
1A005, 1A984, 1A985, 2A993, 3A980, 3A981, 3D980, 3E980, 4A980, 4D980, 
4E980, 5A980, 6A002, 6A003.b.3 and b.4, 6E001, 6E002, 9A980, and 
9A991.a.
* * * * *

PART 774--[AMENDED]

    9. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities & Equipment and 
Miscellaneous, new ECCNs 0A978, 0A979, and 0E982 are added, and ECCNs 
0A982 and 0A985 are revised to read as follows:

0A978  Saps.

License Requirements

Reason for Control: CC

 
                Control(s)                          Country Chart
 
CC applies to entire entry................  CC Column 1
 

License Exceptions

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

List of Items Controlled

Unit: $ value
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN heading.

0A979  Police helmets and shields; and parts, n.e.s.

License Requirements

Reason for Control: CC

 
                Control(s)                          Country Chart
 
CC applies to entire entry................  CC Column 1
 

License Exceptions

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

List of Items Controlled

Unit: $ value
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN heading.
* * * * *
0A982  Restraint devices, including thumbcuffs, leg irons, shackles, 
and handcuffs; straight jackets, plastic handcuffs; and parts and 
accessories, n.e.s.

License Requirements

Reason for Control: CC
Control(s)
CC applies to entire entry. A license is required for ALL destinations, 
except Canada, regardless of end-use. Accordingly, a column specific to 
this control does not appear on the Commerce Country Chart. (See part 
742 of the EAR for additional information.)

License Exceptions

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

List of Items Controlled

Unit: $ value
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN heading.
* * * * *
0A985  Discharge type arms (for example, stun guns, shock batons, 
electric cattle prods, immobilization guns and projectiles) 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)
CC applies to entire entry. A license is required for ALL destinations, 
except Canada, regardless of end-use. Accordingly, a column specific to 
this control does not appear on the Commerce Country Chart. (See part 
742 of the EAR for additional information.)

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: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN heading.
* * * * *
0E982  ``Technology'' exclusively for the ``development'' or 
``production'' of equipment controlled by 0A982 or 0A985.

License Requirements

Reason for Control: CC
Control(s)
CC applies to ``technology'' for items controlled by 0A982 or 0A985. A 
license is required for ALL destinations, except Canada, regardless of 
end-use. Accordingly, a column specific to this control does not appear 
on the Commerce Country Chart. (See part 742 of the EAR for additional 
information.)

License Exceptions

CIV: N/A
TSR: N/A

List of Items Controlled

Unit: N/A
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN heading.
* * * * *

    10. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category

[[Page 55180]]

1--Materials, Chemicals, ``microorganisms,'' and Toxins, ECCN 1A984 is 
revised and a new ECCN 1A985 is added to read as follows:

1A984  Chemical agents, including tear gas formulation containing 1 
percent or less of orthochlorobenzalmalononitrile (CS), or 1 percent or 
less of chloroacetophenone (CN), except in individual containers with a 
net weight of 20 grams or less; smoke bombs; non-irritant smoke flares, 
canisters, grenades and charges; and other pyrotechnic articles having 
dual military and commercial use.

License Requirements

Reason for Control: CC

 
 
                Control(s)                          Country Chart
 
CC applies to entire entry................  CC Column 1
 

License Exceptions

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

List of Items Controlled

Unit: $ value
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN heading.

1A985  Fingerprinting powders, dyes, and inks.

License Requirements

Reason for Control: CC

 
                Control(s)                          Country Chart
 
CC applies to entire entry................  CC Column 1
 

License Exceptions

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

List of Items Controlled

Unit: $ value
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN heading.
* * * * *

    Dated: September 7, 2000.
R. Roger Majak,
Assistant Secretary for Export Administration.
[FR Doc. 00-23481 Filed 9-12-00; 8:45 am]
BILLING CODE 3510-33-P