[Federal Register Volume 70, Number 33 (Friday, February 18, 2005)]
[Rules and Regulations]
[Pages 8251-8253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3215]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 740

[Docket No. 050209030-5030-01]
RIN 0694-AD38


Revision of License Exception TMP for Activities by Organizations 
Working To Relieve Human Suffering in Sudan

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This rule revises the Export Administration Regulations to 
allow staff and employees of certain organizations to use License 
Exception TMP to export basic communications equipment such as cell 
phones, personal computers, personal digital assistants, global 
positioning systems or similar satellite receivers and related software 
to Sudan for up to one year to be used in the activities of those 
organizations to relieve human suffering.

DATES: This rule is effective on February 18, 2005.

FOR FURTHER INFORMATION CONTACT: Eric Longnecker, Foreign Policy 
Division, Office of Nonproliferation and Treaty Compliance, 202-482-
5537, [email protected].

SUPPLEMENTARY INFORMATION: This rule revises License Exception TMP (15 
CFR 740.9) to authorize certain exports, but not reexports, to Sudan of 
certain commodities and software that otherwise would require a license 
pursuant to Sec.  742.10 or Sec.  742.15 of the EAR. This rule makes 
the tools of trade provisions of License Exception TMP available to (1) 
non-governmental organizations that are engaged in activities to 
relieve human suffering in Sudan and that are registered by the 
Department of the Treasury, Office of Foreign Assets Control (OFAC) 
pursuant to 31 CFR 538.521, or (2) organizations that are authorized by 
OFAC to take actions, for humanitarian purposes, that otherwise would 
be prohibited by the Sudanese Sanctions Regulations (31 CFR part 538), 
or (3) staff or employees of either such type of organization. Under 
this rule, those parties are authorized, under section 740.9(a)(i) of 
the EAR, to export to Sudan certain basic telecommunications equipment 
controlled under Export control Classification Number (ECCN) 5A991 such 
as cell phones, personal digital assistants and other wireless handheld 
devices, personal computers (including laptops) controlled under ECCN 
4A994 that do not exceed a composite theoretical performance of 6,500 
millions of theoretical operations per second (MTOPS), and global 
positioning system (GPS) or similar satellite receivers controlled 
under ECCN 7A994. These revisions to License Exception TMP also allow 
the export of related software controlled under ECCNs 4D994 and 5D992 
for the use of such telecommunications equipment or computers. The 
software must be loaded onto the commodity prior to being exported and 
remain loaded on the commodity while in Sudan. This rule also 
authorizes parts and components of those ECCN 5A991 and 4A994 devices 
that are controlled under ECCN 5A992 and that are installed with, or 
contained in, such computers or equipment to be exported under License 
Exception TMP. The parts and components must remain installed with, or 
contained in, such computers or equipment while in Sudan. The tools of 
trade must accompany (either hand carried or as checked baggage) a 
member of the staff or an employee of such an organization to Sudan.
    In connection with the temporary tools of trade exports that it 
authorizes pursuant to License Exception TMP, this rule employs the 
term ``staff and employees'' rather than the term ``employees'' that 
applies to other temporary tools of trade exports under License 
Exception TMP. The broader term will allow the use of License Exception 
TMP for temporary tools of trade exports by persons traveling to Sudan 
at the direction of, or with the knowledge of, an organization 
registered pursuant to 31 CFR 538.521 or an organization authorized by 
OFAC to take actions, for humanitarian purposes, that otherwise would 
be prohibited by the Sudanese Sanctions Regulation (31 CFR part 538) to 
assist in the work of such organization in Sudan, even if such person 
is not an employee of such organization. For example, a health care 
worker traveling from the United States to Sudan, at the direction of, 
or with the knowledge of, an eligible organization to act as a 
volunteer providing medical care as part of the activities of that 
organization would be considered ``staff'' under this rule, even if 
that person is not an employee of the eligible organization. This rule 
makes no such expansion of eligibility for use of License Exception TMP 
for temporary tools of trade exports to destinations other than Sudan.
    Exports made pursuant to this rule must also meet the general 
requirements for temporary exports under License Exception TMP set 
forth in Sec.  740.9(a) of the EAR and the specific requirements 
applying to tools of trade set forth in Sec.  740.9(a)(2)(i). Such 
exports are also subject to the restrictions on the use of all License 
Exceptions found in Sec.  730.2 of the EAR.
    BIS is publishing this rule to facilitate the activities of 
organizations working to relieve human suffering in Sudan by reducing 
the need for export licenses faced by such organizations, their staffs 
and employees. The commodities and software being made eligible for 
export under License Exception TMP by this rule do not require a 
license for export or reexport to most destinations, but do require a 
license for export or reexport to Sudan because that country has been 
designated by the Secretary of State as a state sponsor of terrorism.
    Although the Export Administration Act of 1979 (EAA), as amended, 
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 EAR in effect under 
the International Emergency Economic Powers Act (IEEPA).
    Rulemaking Requirements:

[[Page 8252]]

    1. This rule has been determined to be significant for purposes of 
E.O. 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, 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 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 rule 
involves a collection of information subject to the PRA that has been 
approved by OMB under control number 0694-0088, ``Multi-Purpose 
Application, which carries a burden hour estimate of 58 minutes to 
prepare and submit form BIS-748. Send comments regarding these burden 
estimates or any other aspect of these collections of information, 
including suggestions for reducing the burden, to David Rostker, OMB 
Desk Officer, by e-mail at [email protected] or by fax to 202-
395-285; and to the Regulatory Policy Division, Bureau of Industry and 
Security, Department of Commerce, P.O. Box 273, Washington, DC 20044.
    3. This rule does not contain policies with federalism implications 
as this term is defined in 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 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 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 rule is being issued in 
final form.

List of Subjects in 15 CFR Part 740

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


0
Accordingly, part 740 of the Export Administration Regulations (15 CFR 
parts 730-799) is amended as follows:

PART 740--LICENSE EXCEPTIONS

0
1. The authority citation for part 740 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
sec. 901-911, Pub. L. 106-387; E.O. 13026, 61 FR 58767, 3 CFR, 1996 
Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; 
Notice of August 6, 2004, 69 FR 48763 (August 10, 2004).


0
2. In Sec.  740.9, revise paragraph (a)(2)(i), and paragraph (a)(5) to 
read as follows:


Sec.  740.9  Temporary imports, exports, and reexports (TMP).

* * * * *
    (a) * * *
    (2) * * *
    (i) Tools of trade. Usual and reasonable kinds and quantities of 
tools of trade (commodities and software) for use in a lawful 
enterprise or undertaking of the exporter. The transaction must meet 
the requirements of paragraph (a)(2)(i)(A) or paragraph (a)(2)(i)(B) of 
this section. For exports under this License Exception of laptops, 
handheld devices and other computers and equipment loaded with 
encryption commodities or software, refer to interpretation 13 in Sec.  
770.2 of the EAR.
    (A) Destinations other than Country Group D:2 or Sudan. Exports and 
reexports of tools of trade for use by the exporter or employees of the 
exporter may be made to destinations other than Country Group E:2 or 
Sudan. The tools of trade must remain under the ``effective control'' 
(see Sec.  772.1 of the EAR) of the exporter or the exporter's 
employee. Eligible tools of trade may include, but are not limited to, 
equipment and software as is necessary to commission or service goods, 
provided that the equipment or software is appropriate for this purpose 
and that all goods to be commissioned or serviced are of foreign 
origin, or if subject to the EAR, have been legally exported or 
reexported. Tools of trade may accompany the individual departing from 
the United States or may be shipped unaccompanied within one month 
before the individual's departure from the United States, or at any 
time after departure.
    (B) Sudan. Exports, but not reexports, of tools of trade may be 
made to Sudan by: A non-governmental organization engaged in activities 
to relieve human suffering in Sudan and registered by the Department of 
the Treasury, Office of Foreign Assets Control (OFAC) pursuant to 31 
CFR 538.521; or by an organization authorized by OFAC to take actions, 
for humanitarian purposes, that otherwise would be prohibited by the 
Sudanese Sanctions Regulations (31 CFR part 538); or by staff or 
employees of either such type of organization. The tools of trade must 
remain under the ``effective control'' (see Sec.  772.1 of the EAR) of 
the exporter or its employee or staff. The tools of trade must be used 
in activities to relieve human suffering and, when exported, must 
accompany (either hand carried or as checked baggage) a member of the 
staff or an employee of such an organization to Sudan. In this 
paragraph (a)(2)(i)(B), the term ``staff'' means a person traveling to 
Sudan, at the direction of, or with the knowledge of an organization 
registered pursuant to 31 CFR 538.521 or an organization authorized by 
OFAC to take actions, for humanitarian purposes, that otherwise would 
be prohibited by the Sudanese Sanctions Regulations (31 CFR part 538), 
to assist in the work of such organization in Sudan even if such person 
is not an employee of such organization. The only tools of trade that 
may be exported to Sudan under this paragraph (a)(2)(i) are:
    (1) Personal computers (including laptops) controlled under ECCN 
4A994 that do not exceed a composite theoretical performance of 6,500 
millions of theoretical operations per second and ``software'' 
controlled under ECCNs 4D994 or 5D992 that is for the ``use'' of such 
computers and that was loaded onto such computers prior to export an 
remains loaded on such computers while in Sudan;
    (2) Telecommunications equipment controlled under ECCN 5A991 and 
``software'' controlled under ECCN 5D992 that is for the ``use'' of 
such equipment and that was loaded onto that equipment prior to export 
and that remains loaded on such equipment while in Sudan;
    (3) Global positioning system (GPS) or similar satellite receivers 
controlled under ECCN 7A994; and
    (4) Parts and components that are controlled under ECCN 5A992, that 
are installed with, or contained in, computers or telecommunications 
equipment listed in paragraphs (a)(2)(i)(B)(1) and (2) of this section 
and that remain installed with or contained in such computers or 
equipment while in Sudan.
* * * * *
    (5) Reexports. Commodities and software legally exported from the 
United States may be reexported to a new country(ies) of destination 
other than Sudan or Country Group E:2 under provisions of this 
paragraph (a) provided its terms and conditions are met and the 
commodities and software are returned to the country from which the 
reexport occurred.
* * * * *


[[Page 8253]]


    Dated: February 14, 2005.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 05-3215 Filed 2- 17-05; 8:45 am]
BILLING CODE 3510-33-M