[Federal Register Volume 66, Number 216 (Wednesday, November 7, 2001)]
[Proposed Rules]
[Pages 56260-56261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27878]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Chapter VII

[Docket No. 011024258-1258-01]


Effects of Foreign Policy-Based Export Controls

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Request for comments on foreign policy-based export controls.

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SUMMARY: The Bureau of Export Administration (BXA) is reviewing the 
foreign policy-based export controls in the Export Administration 
Regulations to determine whether they should be modified, rescinded or 
extended. To help make these determinations, BXA is seeking comments on 
how existing foreign policy-based export controls have affected 
exporters and the general public.

DATES: Comments must be received by November 30, 2001.

ADDRESSES: Written comments (three copies) should be sent to Sheila 
Quarterman, Regulatory Policy Division, Bureau of Export 
Administration, Department of Commerce, P.O. Box 273, Washington, DC 
20044.

FOR FURTHER INFORMATION CONTACT: Joan Roberts, Director, Foreign Policy 
Controls Division, Bureau of Export Administration, Telephone: (202) 
482-5400. Copies of the current Annual Foreign Policy Report to the 
Congress are available at www.bxa.doc.gov/press/2001/ForeignPolicyReport/Default.htm and copies may also be requested by 
calling the Office of Strategic Trade and Foreign Policy Controls.

SUPPLEMENTARY INFORMATION: The current foreign policy controls 
maintained by the Bureau of Export Administration (BXA) are set forth 
in the Export Administration Regulations (EAR), parts 742 (CCL Based 
Controls), 744 (End-User and End-Use Based Controls) and 746 (Embargoes 
and Special Country Controls). These controls apply to: high 
performance computers (Sec. 742.12); significant items (SI): hot 
section technology for the development, production, or overhaul of 
commercial aircraft engines, components, and systems (Sec. 742.14); 
encryption items (Sec. 742.15 and Sec. 744.9); crime control and 
detection commodities (Sec. 742.7); specially designed implements of 
torture (Sec. 742.11); regional stability commodities and equipment 
(Sec. 742.6); equipment and related technical data used in the design, 
development, production, or use of missiles (Sec. 742.5 and 
Sec. 744.3); chemical precursors and biological agents, associated 
equipment, technical data, and software related to the production of 
chemical and biological agents (Sec. 742.2 and Sec. 744.4); activities 
of U.S. persons in transactions related to missile technology or 
chemical or biological weapons proliferation in named countries 
(Sec. 744.6); nuclear propulsion (Sec. 744.5); aircraft and vessels 
(Sec. 744.7); embargoed countries (part 746); countries designated as 
supporters of acts of international terrorism (Secs. 742.8, 742.9, 
742.10, 742.19, 746.2, 746.3, and 746.7); and, Libya (Secs. 744.8 and 
746.4). Attention is also given in this context to the controls on 
nuclear-related commodities and technology (Secs. 742.3 and 744.2), 
which are, in part, implemented under section 309(c) of the Nuclear Non 
Proliferation Act.
    Under the provisions of section 6 of the Export Administration Act 
of 1979, as amended (EAA), export controls maintained for foreign 
policy purposes require annual extension. Section 6 of the EAA requires 
a report to Congress when foreign policy-based export controls are 
extended. Although the Export Administration Act (EAA) expired on 
August 20, 2001, 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 of 
August 17, 2001 (66 FR 44025, August 22, 2001). The Department of 
Commerce, insofar as appropriate, is following the provisions of 
section 6 in reviewing foreign policy-based export controls, requesting 
public comments on such controls, and submitting a report to Congress.
    In January 2001, the Secretary of Commerce, on the recommendation 
of the Secretary of State, extended for one year all foreign policy 
controls then in effect.
    To assure maximum public participation in the review process, 
comments are solicited on the extension or revision of the existing 
foreign policy controls for another year. Among the criteria considered 
in determining whether to continue or revise U.S. foreign policy 
controls are the following:
    1. The likelihood that such controls will achieve the intended 
foreign policy purpose, in light of other factors, including the 
availability from other countries of the goods or technology proposed 
for such controls;
    2. Whether the foreign policy purpose of such controls can be 
achieved through negotiations or other alternative means;
    3. The compatibility of the controls with the foreign policy 
objectives of the United States and with overall United States policy 
toward the country subject to the controls;
    4. Whether reaction of other countries to the extension of such 
controls by the United States is not likely to render the controls 
ineffective in achieving the intended foreign policy purpose or be 
counterproductive to United States foreign policy interests;
    5. The comparative benefits to U.S. foreign policy objectives 
versus the effect of the controls on the export performance of the 
United States, the competitive position of the United States in the 
international economy, the international reputation of the United 
States as a supplier of goods and technology; and
    6. The ability of the United States to enforce the controls 
effectively.
    BXA is particularly interested in the experience of individual 
exporters in complying with the proliferation controls, with emphasis 
on economic impact and specific instances of business lost to foreign 
competitors. BXA is also interested in industry information relating to 
the following:
    1. Information on the effect of foreign policy controls on sales of 
U.S. products to third countries (i.e., those countries not targeted by 
sanctions), including the views of foreign purchasers or prospective 
customers regarding U.S. foreign policy controls.
    2. Information on controls maintained by U.S. trade partners (i.e., 
to what

[[Page 56261]]

extent do they have similar controls on goods and technology on a 
worldwide basis or to specific destinations)?
    3. Information on licensing policies or practices by our foreign 
trade partners which are similar to U.S. foreign policy controls, 
including license review criteria, use of conditions, requirements for 
pre and post shipment verifications (preferably supported by examples 
of approvals, denials and foreign regulations).
    4. Suggestions for revisions to foreign policy controls that would 
(if there are any differences) bring them more into line with 
multilateral practice.
    5. Comments or suggestions as to actions that would make 
multilateral controls more effective.
    6. Information that illustrates the effect of foreign policy 
controls on the trade or acquisitions by intended targets of the 
controls.
    7. Data or other information as to the effect of foreign policy 
controls on overall trade, either for individual firms or for 
individual industrial sectors.
    8. Suggestions as to how to measure the effect of foreign policy 
controls on trade.
    9. Information on the use of foreign policy controls on targeted 
countries, entities, or individuals.
    BXA is also interested in comments relating generally to the 
extension or revision of existing foreign policy controls.
    Parties submitting comments are asked to be as specific as 
possible. All comments received before the close of the comment period 
will be considered by BXA in reviewing the controls and developing the 
report to Congress.
    All information relating to the notice will be a matter of public 
record and will be available for public inspection and copying. In the 
interest of accuracy and completeness, BXA requires written comments. 
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.
    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.

James J. Jochum,
Assistant Secretary for Export Administration.
[FR Doc. 01-27878 Filed 11-6-01; 8:45 am]
BILLING CODE 3510-33-P