[Federal Register Volume 69, Number 218 (Friday, November 12, 2004)]
[Rules and Regulations]
[Pages 65368-65369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25143]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 041004276-4276-01]
RIN 0694-AC98


Termination of Certain Emergencies With Respect to Yugoslavia and 
Related Removal of Restrictions on Transactions With Persons Identified 
by the Bracketed Initials [FRYM] Under the Export Administration 
Regulations

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: In this rule, the Bureau of Industry and Security amends the 
Export Administration Regulations to delete the section that sets forth 
license requirements for exports and reexports to designated persons 
identified by the bracketed initials [FRYM]. The Department of the 
Treasury, Office of Foreign Assets Control (OFAC) used the bracketed 
initials [FRYM] to identify certain persons on the list of Specially 
Designated Nationals and Blocked Persons. OFAC discontinued the use of 
those bracketed initials following the termination of certain national 
emergencies with respect to Yugoslavia.

DATES: This rule is effective November 12, 2004.

ADDRESSES: Although there is no public comment period, written comments 
may be sent to Sheila Quarterman, Office of Exporter Services, 
Regulatory Policy Division, Bureau of Industry and Security, Department 
of Commerce, P.O. Box 273, Washington, DC 20044 or to e-mail address 
[email protected].

FOR FURTHER INFORMATION CONTACT: Joan Roberts, Director, Foreign Policy 
Division, Office of Nonproliferation and Treaty Compliance, Bureau of 
Industry and Security, Department of Commerce, P.O. Box 273, 
Washington, DC 20044; telephone: (202) 482-4252, or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    This rule amends the Export Administration Regulations (EAR) by 
deleting section 744.16 in conformance with the President's Executive 
Order 13304 of May 29, 2003, which, among other actions, terminated 
certain national emergencies with respect to Yugoslavia that had been 
declared in Executive Order 13088 of June 9, 1998, and rescinded 
Executive Order 13192 of January 17, 2001. Pursuant to these Executive 
Orders, section 744.16 has required a license for exports and reexports 
by U.S. persons of any item subject to the EAR to persons identified by 
the bracketed initials [FRYM] on the list of Specially Designated 
Nationals and Blocked Persons maintained by the Department of the 
Treasury's Office of Foreign Assets Control (OFAC) and found at 31 CFR 
Chapter V (Specially Designated Nationals List).
    Pursuant to Executive Order 13192, restrictions had been imposed on 
transactions with (a) former Yugoslav president Slobodan Milosevic and 
his close allies, (b) certain persons under indictment by the 
International Criminal Tribunal for the former Yugoslavia, (c) persons 
attempting to maintain or reestablish illegitimate control over the 
former Yugoslavia, (d) persons providing support to the persons 
mentioned above and (e) persons owned or controlled by or acting on 
behalf of any persons mentioned above. These persons were identified by 
the bracketed initials [FRYM] on the list of Specially Designated 
Nationals and Blocked Persons maintained by the Department of the 
Treasury's Office of Foreign Assets Control (OFAC) and found at 31 CFR 
Chapter V (Specially Designated Nationals List).
    At the same time that Executive Order 13304 terminated the Yugoslav 
emergencies, it clarified the scope of and took additional measures 
concerning a separate national emergency declared with respect to the 
Western Balkans in Executive Order 13219 of June 26, 2001, pursuant to 
which restrictions had been placed on transactions with persons 
threatening the peace or diminishing the stability of the Western 
Balkans region. Persons subject to the imposition of sanctions under 
Executive Order 13219, as modified by Executive Order 13304, are 
identified by the bracketed acronym [BALKANS] on the Specially 
Designated Nationals List.
    Executive Order 13304 extended the restrictions imposed by 
Executive Order 13219 (relating to stability in the Western Balkans) to 
include, among others, persons under indictment by the International 
Criminal Tribunal for the former Yugoslavia that were previously 
included within the scope of the 1998 emergency. As a result, certain 
persons previously identified by the bracketed initials [FRYM] are now 
identified by the bracketed acronym [BALKANS] on the Specially 
Designated Nationals List. Pursuant to Executive Orders 13304 and 
13219, OFAC administers a sanctions regime against persons threatening 
the peace or diminishing the stability of the

[[Page 65369]]

Western Balkans as well as persons indicted by the Criminal Tribunal 
for the Former Yugoslavia under parts 586 and 587 of the OFAC 
regulations (31 CFR 586 and 587). This rule removes outdated references 
to the individuals identified by the [FRYM] designation by deleting 
section 744.16 from the EAR. No license requirements under the EAR 
apply specifically to individuals with the [BALKANS] designation on the 
Specially Designated Nationals List.
    This rule also removes a reference to section 744.16 in section 
744.1 of the EAR.
    Although the Export Administration Act expired on August 20, 2001, 
Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp., p. 783 
(2002)), as extended by the Notice of August 6, 2004 (69 FR 48763, 
August 10, 2004), continues the Regulations in effect under the 
International Emergency Economic Powers Act.

Rulemaking Requirements

    1. This final 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 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 of 1995 (44 U.S.C. 3501 et seq.) (PRA), 
unless that collection of information displays a currently valid Office 
of Management and Budget (OMB) Control Number. This regulation involves 
collections previously approved by the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour 
estimate of 58 minutes to prepare and submit form BIS-748. Burden hours 
associated with the Paperwork Reduction Act and Office and Management 
and Budget control number 0694-0088 are not impacted by this 
regulation.
    3. This rule does not contain policies with federalism implications 
as that term is defined 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 (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 final 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. 553 or by any 
other law, the analytical requirements of the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.) are not applicable. Therefore, this 
regulation is issued in final form. Although there is no public comment 
period, public comments on this regulation are welcome on a continuing 
basis. Comments should be submitted to Sheila Quarterman, Regulatory 
Policy Division, Bureau of Industry and Security, Department of 
Commerce, P.O. Box 273, Washington, DC 20044.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.


0
Accordingly, part 744 of the Export Administration Regulations (15 CFR 
parts 730-799) is amended as follows:

PART 744--[AMENDED]

0
1. The authority citation for part 744 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. 3201 et seq.; 42 U.S.C. 2139a; Sec. 901-911, Pub. L. 106-
387; Sec. 221, Pub. L. 107-56; 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. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 
FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., 
p.208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 
13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of October 29, 
2003, 68 FR 62209, 3 CFR, 2003 Comp., p. 347; Notice of August 6, 
2004, 69 FR 48763 (August 10, 2004).


Sec.  744.1  [Amended]

0
2. Section 744.1 is amended by removing from paragraph (a)(1) the 
sentence ``Section 744.16 prohibits exports and reexports by U.S. 
persons of items subject to the EAR to persons designated pursuant to 
Executive Order 13088, as amended by Executive Order 13192, including 
Slobodan Milosevic, his close associates, and persons determined to be 
under open indictment by the International Criminal Tribunal for the 
former Yugoslavia.''


Sec.  744.16  [Removed and reserved]

0
3. Part 744 is amended by removing and reserving Sec.  744.16.

    Dated: November 2, 2004.
Peter Lichtenbaum,
Assistant Secretary for Export Administration.
[FR Doc. 04-25143 Filed 11-10-04; 8:45 am]
BILLING CODE 3510-33-P