[Federal Register Volume 76, Number 172 (Tuesday, September 6, 2011)]
[Rules and Regulations]
[Pages 54928-54931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22678]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 738, 740, 745, and 748
[Docket No. 110802457-1467-01]
RIN 0694-AF18
Export Administration Regulations: Netherlands Antilles,
Cura[ccedil]ao, Sint Maarten and Timor-Leste
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: The Netherlands Antilles dissolved on October 10, 2010. This
rule removes the Netherlands Antilles from all places where it is
mentioned in the Export Administration Regulations (EAR), e.g., the
Commerce Country Chart, the Country Groups, and License Exception APP.
Cura[ccedil]ao and Sint Maarten (the Dutch two-fifths of the island of
Saint Martin) became semi-autonomous entities within the Kingdom of the
Netherlands. Therefore, Cura[ccedil]ao and Sint Maarten are added to
the Commerce Country Chart.
The territories and dependencies of a country are treated as the
parent country under the EAR. Bonaire, Saba, and Sint Eustatius now
fall under the direct administration of the Netherlands. Therefore,
these dependencies are treated like the Netherlands and will not be
listed on the Commerce Country Chart.
This rule also revises the name ``East Timor'' to read ``Timor-
Leste'' throughout the EAR, because this is the proper name of the
country.
DATES: Effective Date: This rule is effective: September 6, 2011.
FOR FURTHER INFORMATION CONTACT: For questions contact Sharron Cook,
Office of Exporter Services, Bureau of Industry and Security, U.S.
Department of Commerce at 202-482-2440 or by e-mail:
[email protected].
[[Page 54929]]
SUPPLEMENTARY INFORMATION:
Background
The Netherlands Antilles, consisting of Curacao, Sint Maarten,
Bonaire, Saba, and Sint Eustatius, dissolved on October 10, 2010.
Cura[ccedil]ao and Sint Maarten (the Dutch two-fifths of the island of
Saint Martin) became semi-autonomous entities within the Kingdom of the
Netherlands. Bonaire, Saba, and Sint Eustatius now fall under the
direct administration of the Netherlands. In addition, BIS has
recognized that the country previously referred to in the Commerce
Country Chart as ``East Timor'' should instead be referred to by its
proper name, which is ``Timor-Leste.''
Revisions to the Export Administration Regulations (EAR)
This rule corrects the third sentence in Section 738.3 paragraph
(b) removing the phrase ``territory, possession, or department'' and
adding in its place ``territory, possession, dependency or department''
in two places. The Commerce Country Chart (Supplement No. 1 to part
738) generally does not list territories, possessions, dependencies or
departments of countries, because they are treated the same as the
parent country for export control purposes. The State Department has a
Web site that lists ``Dependencies and Areas of Special Sovereignty''
at http://www.state.gov/s/inr/rls/10543.htm.
This rule removes the Netherlands Antilles from the Commerce
Country Chart (Supplement No. 1 to part 738 of the EAR), because it has
dissolved and all the territories and dependencies previously under the
Netherlands Antilles, except Cura[ccedil]ao and Sint Maarten (the Dutch
two-fifths of the island of Saint Martin), are now treated in the same
manner as the parent country--the Netherlands. Cura[ccedil]ao and Sint
Maarten (the Dutch two-fifths of the island of Saint Martin) became
semi-autonomous entities within the Kingdom of the Netherlands.
Therefore, Cura[ccedil]ao and Sint Maarten (the Dutch two-fifths of the
island of Saint Martin) are added to the Commerce Country Chart with
license requirements (Xs) that are the same as the license requirements
were for the Netherlands Antilles. In addition, this rule replaces the
country name of ``East Timor'' with the proper name of ``Timor-Leste''
in the Commerce Country Chart and moves the resulting row to its
appropriate alphabetic location.
This rule also removes the Netherlands Antilles from the list of
countries in Computer Tier 1 of License Exception APP in Section
740.7(c)(1). There is no change in eligibility for exports or reexports
to Bonaire, Saba, and Sint Eustatius of computers under License
Exception APP, because the Netherlands is already in Computer Tier 1.
However, there is expanded eligibility for exports and reexports to
Bonaire, Saba, and Sint Eustatius of computer technology and software
under License Exception APP, because the Netherlands is listed in
Section 740.7(c)(3)(i) of License Exception APP. Cura[ccedil]ao and
Sint Maarten (the Dutch two-fifths of the island of Saint Martin) are
added to Computer Tier 1 of License Exception APP. In addition, this
rule replaces the country name of ``East Timor'' with the proper name
of ``Timor-Leste'' in Section 740.7(c)(1) and moves it to its new
alphabetic location in Computer Tier 1.
This rule also makes changes to the Country Groups in Supplement
No. 1 to part 740. A country may appear in one or more of the Country
Groups, or not at all, depending upon, among other things, its
affiliation or membership in a multilateral export control regime. This
rule removes the Netherlands Antilles from the list of countries in
Country Group B of the Country Groups (Supplement No. 1 to part 740),
and adds Cura[ccedil]ao and Sint Maarten (the Dutch two-fifths of the
island of Saint Martin) to Country Group B. The Netherlands is listed
in Country Group B, and therefore this revision does not alter the
export controls or exemptions that apply to Bonaire, Saba, and Sint
Eustatius. However, the Netherlands is also listed in Country Group A
and therefore all exemptions, e.g., License Exceptions APR and GOV,
that apply to the Netherlands now apply to its dependencies,
territories and possessions. Additionally, this rule removes ``East
Timor'' and adds in its place ``Timor-Leste'' in alphabetic order in
the list of countries of Country Group B.
This rule revises Supplement No. 2 to part 745 ``States Parties to
the Convention on the Prohibition of the Development, Production,
Stockpiling, and use of Chemical Weapons and on Their Destruction'' by
removing ``Timor Leste (East Timor)'' and adding in its place ``Timor-
Leste''. This rule also removes ``Netherlands **'' and adds in its
place ``Netherlands (Kingdom of the) **'' for clarification purposes
and because of the recent changes to these entities. In addition, this
rule removes the phrase ``the Netherlands includes Aruba and the
Netherlands Antilles.'' in the two asterisk footnote and adds in its
place ``the Netherlands (Kingdom of) includes the following
dependencies: Aruba, Cura[ccedil]ao, and Sint Maarten (the Dutch two-
fifths of the island of Saint Martin).''
This rule revises paragraph (a)(1) of Section 748.9 ``Support
documents for license applications'' by removing ``Netherlands
Antilles'' and adding ``Leeward Antilles''. This change will maintain
the support document exemption for Aruba, Bonaire and Cura[ccedil]ao,
and add a support document exemption for the Venezuelan archipelago.
The Leeward Antilles consists of:
ABC islands:
Aruba (Kingdom of the Netherlands),
Bonaire (Kingdom of the Netherlands),
Cura[ccedil]ao (Kingdom of the Netherlands).
Venezuelan archipelago:
Las Aves,
Los Roques,
La Orchilla,
La Blanquilla,
Los Hermanos,
Los Testigos.
The support documentation exemption for Saba, Sint Eustatius and Sint
Maarten will continue as they are part of the Leeward Islands, which is
already listed in Section 748.9(a)(1).
Export Administration Act
Since August 21, 2001, the Export Administration Act of 1979, as
amended, has been in lapse. However, the President, through Executive
Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
has been extended by successive Presidential Notices, the most recent
being that of August 12, 2010, 75 FR 50681 (August 16, 2010) has
continued the EAR in effect under the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.).
Rulemaking Requirements
1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``not significant
regulatory action,'' under section 3(f) of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be
[[Page 54930]]
subject to a penalty for failure to comply with a collection of
information, subject to the requirements of Paperwork Reduction Act,
unless that collection of information displays a currently valid Office
of Management and Budget Control Number. This rule involves three
collections of information subject to the PRA. One of the collections
has been approved by OMB under control number 0694-0088, ``Multi-
Purpose Application,'' and carries a burden hour estimate of 43.8
minutes for a manual or electronic submission. The second of the
collections has been approved by OMB under control number 0694-0017,
``International Import Certificate,'' and carries a burden hour
estimate of 15 minutes for a manual or electronic submission. The last
of the collections has been approved by OMB under control number 0694-
0021, ``Statement by Ultimate Consignee and Purchaser,'' and carries a
burden hour estimate of 15 minutes for a manual or electronic
submission Send comments regarding these burden estimates or any other
aspect of these collections of information, including suggestions for
reducing the burden, to OMB Desk Officer, New Executive Office
Building, Washington, DC 20503; and to Jasmeet Seehra, OMB Desk
Officer, by e-mail at [email protected] or by fax to
(202) 395-7285; and to the Office of Administration, Bureau of Industry
and Security, Department of Commerce, 14th and Pennsylvania Avenue,
NW., Room 6622, Washington, DC 20230. This rule does not contain
policies with Federalism implications as that term is defined under
E.O. 13132.
3. The Department finds that there is good cause under 5 U.S.C.
553(b)(B) to waive the provisions of the Administrative Procedure Act
requiring prior notice and the opportunity for public comment because
it is unnecessary. The revisions made by this rule are administrative
in nature and minimally affect the rights and obligations of the
public. Because these revisions are not substantive changes to the EAR,
it is unnecessary to provide notice and opportunity for public comment.
In addition, the 30-day delay in effectiveness required by 5 U.S.C.
553(d) is not applicable because this rule is not a substantive rule.
Notice of proposed rulemaking and opportunity for public comment are
not required for this rule under the Administrative Procedure Act or by
any other law, and the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C 601 et seq.) are not applicable.
List of Subjects
15 CFR Part 738
Exports.
15 CFR Parts 740 and 748
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 745
Administrative practice and procedure, Chemicals, Exports, Foreign
trade, Reporting and recordkeeping requirements.
Accordingly, parts 738, 740, 745, and 748 of the Export
Administration Regulations (15 CFR Parts 730 through 774) are amended
as follows:
PART 738--[AMENDED]
0
1. The authority citation for 15 CFR 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); 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; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; 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 12, 2011, 76 FR 50661 (August 16, 2011).
Sec. 738.3 [Amended]
0
2. Section 738.3 is amended by removing the phrase ``territory,
possession, or department'' and adding in its place ``territory,
possession, dependency or department'' in two places in the third
sentence of paragraph (b).
0
3. Supplement No. 1 to part 738 is amended by:
0
a. Adding in alphabetic order rows for ``Cura[ccedil]ao'' and ``Sint
Maarten (the Dutch two-fifths of the island of Saint Martin)'', as set
forth below:
0
b. Removing the row for ``Netherlands Antilles''; and
0
c. Removing the country name ``Timor East'' and adding (in alphabetic
order) in its place ``Timor-Leste''
SUPPLEMENT NO. 1 TO PART 738--COMMERCE COUNTRY CHART
Reason for Control
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Chemical & biological Nuclear non- National Missile Regional Firearms Crime Anti-
weapons proliferation security tech stability convention control terrorism
Countries ------------------------------------------------------------------------------------------------------------------------------
CC CC CC
CB 1 CB 2 CB 3 NP 1 NP 2 NS 1 NS 2 MT 1 RS 1 RS 2 FC 1 1 2 3 AT 1 AT 2
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* * * * * * *
Cura[ccedil]ao................................................... X X ...... X ....... X X X X X ........... X ... X ...... ......
* * * * * * *
Sint Maarten (the Dutch two-fifths of the island of Saint Martin) X X ...... X ....... X X X X X ........... X ... X ...... ......
* * * * * * *
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PART 740--[AMENDED]
0
4. The authority citation for 15 CFR part 740 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. 7201 et seq.; 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 12, 2011, 76 FR 50661 (August 16, 2011).
Sec. 740.7 [Amended]
0
5. Section 740.7 is amended by:
0
a. Removing ``Netherlands Antilles'' from the list of countries in
paragraph (c)(1);
[[Page 54931]]
0
b. Adding in alphabetic order ``Cura[ccedil]ao'' and ``Sint Maarten
(the Dutch two-fifths of the island of Saint Martin)'' to paragraph
(c)(1);
0
c. Removing ``East Timor'' and adding ``Timor-Leste'' in alphabetic
order to paragraph (c)(1).
Supplement No. 1 to Part 740 [Amended]
0
6. Supplement No. 1 to part 740 is amended by:
0
a. Removing ``Netherlands Antilles'' from the list of countries in
Country Group B;
0
b. Adding in alphabetic order ``Cura[ccedil]ao'' and ``Sint Maarten
(the Dutch two-fifths of the island of Saint Martin)'' to the list of
countries in Country Group B; and
0
c. Removing ``East Timor'' and adding ``Timor-Leste'' in alphabetic
order in the list of countries of Country Group B.
PART 745--[AMENDED]
0
7. The authority citation for 15 CFR part 745 continues to read as
follows:
Authority: 50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3
CFR, 1994 Comp., p. 950; Notice of November 4, 2010, 75 FR 68673
(November 8, 2010).
Supplement No. 2 to Part 745 [Amended]
0
8. Supplement No. 2 to part 745 is amended by:
0
a. Removing ``Netherlands * * *'' and adding in its place ``Netherlands
(Kingdom of the) * * *''
0
b. Removing ``Timor Leste (East Timor)'' and adding in its place
``Timor-Leste'';
0
c. Removing the phrase ``the Netherlands includes Aruba and the
Netherlands Antilles.'' in the two asterisk footnote and adding in its
place ``the Netherlands (Kingdom of) includes: Aruba, Cura[ccedil]ao,
and Sint Maarten (the Dutch two-fifths of the island of Saint
Martin).''
PART 748--[AMENDED]
0
9. The authority citation for 15 CFR part 748 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
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 12, 2011, 76
FR 50661 (August 16, 2011).
Sec. 748.9 [Amended]
0
10. Section 748.9 is amended in the list of countries in paragraph
(a)(1) by removing ``Netherlands Antilles'' and adding in alphabetical
order ``Leeward Antilles''.
Dated: August 30, 2011.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2011-22678 Filed 9-2-11; 8:45 am]
BILLING CODE 3510-33-P