[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Rules and Regulations]
[Pages 52962-52963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21695]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 740

[Docket No. 150720622-5622-01]
RIN 0694-AG63


Revisions to License Exception Availability for Consumer 
Communications Devices and Licensing Policy for Civil 
Telecommunications-Related Items Such as Infrastructure Regarding 
Sudan; Correction

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; correction.

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SUMMARY: The Bureau of Industry and Security publishes this rule to 
correct an error in License Exception Temporary imports, exports, 
reexports, and transfers (in-country) (TMP) to make certain consumer 
communications devices and related software eligible for temporary 
export and reexport to Sudan as ``tools of trade.'' This error was 
introduced in a final rule published in February 2015 that amended the 
Export Administration Regulations to authorize License Exception 
Consumer Communications Devices (CCD) for use in Sudan and made changes 
to License Exception TMP. BIS is publishing this rule to facilitate use 
of employer-owned devices such as cell phones, Wi-Fi-equipped computers 
and tablets by persons engaged in humanitarian efforts in Sudan.

DATES: The rule is effective September 2, 2015.

FOR FURTHER INFORMATION CONTACT: Theodore Curtin, telephone (202) 482-
4252, email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    In general, items listed on the Commerce Control List with anti-
terrorism stated as a reason for control require a license for export 
or reexport, even temporarily, to Sudan. Some limited exceptions to 
this requirement exist. One such exception, License Exception Baggage 
(BAG), allows travelers to Sudan to take with them for their personal 
use or use by family members their personally-owned consumer 
communications devices such as cell phones, Wi-Fi- enabled personal 
computers, global positioning systems and related software. Another 
exception, License Exception Consumer Communications Devices (CCD), 
allows the export and reexport of such devices and related software for 
use by non-governmental organizations or individuals in Sudan. Sudan 
was added as an eligible destination under CCD in a final rule 
published on February 18, 2015 (the February 2015 rule) (see ``License 
Exception Availability for Consumer Communications Devices and 
Licensing Policy for Civil Telecommunications-Related Items Such as 
Infrastructure Regarding Sudan,'' (80 FR 8520)). For several years 
prior to the February 2015 rule, a third exception, Temporary imports, 
exports, reexports, and transfers (in-country) (TMP), allowed non-
governmental organizations engaged in humanitarian work in Sudan and 
their individual staff members, employees, or contractors to export or 
reexport temporarily to Sudan employer-owned consumer communications 
devices and related software for use as ``tools of trade.'' See 70 FR 
8251 (Feb. 18, 2005) (authorizing exports of such items) and 73 FR 
10668 (Feb. 28, 2008) (authorizing reexports of such items).
    The February 2015 amendment to the Export Administration 
Regulations (EAR) made consumer communications devices and related 
software available under License Exception CCD for export and reexport 
to non-governmental organizations and individuals in Sudan generally 
(with no requirement that the export or reexport be temporary). That 
rule was intended to foster communications to, from, and among the 
people of Sudan. Because the commodities and software would be 
available under License Exception CCD to all individuals in Sudan 
(including persons traveling to Sudan on a temporary basis), the 
February 2015 rule removed as unnecessary paragraph (a)(2) of License 
Exception TMP, which had authorized the temporary export and reexport 
of these items by non-governmental organizations engaged in 
humanitarian work in Sudan and their individual staff members, 
employees, or contractors. In addition, in an earlier rule amending 
License Exception CCD, which up to that time had authorized only 
donations made to individuals and non-governmental organizations Cuba, 
the phrase ``either sold or donated'' was added to the paragraph 
describing the authorization of the export and reexport of consumer 
communications devices and related software under the license 
exception. See 80 FR 2286 (Jan. 16, 2015).
    Although the intent was to state that the devices or software no 
longer had to be donated, the addition of the ``either sold or 
donated'' language to License Exception CCD in January 2015, in 
combination with the removal of paragraph (a)(2) of license exception 
TMP by the February 2015 rule on Sudan, created problems for non-
governmental organizations that send personnel to Sudan for 
humanitarian activities. The employer-owned devices that such personnel 
use in Sudan are neither sold nor donated in connection with the staff 
member's, employee's or contractor's travel to Sudan. As an unintended 
consequence of the interplay of the changes made pursuant to the two 
recent rules, such travelers who seek to engage in the humanitarian 
activities for which temporary exports and reexports have been 
authorized by License Exception TMP since 2005 need licenses to take to 
Sudan temporarily their employer-owned communication devices and 
software even though the same items could be exported or reexported to 
Sudan under a license exception if personally owned by the travelers or 
if being sold or donated to a non-governmental organization or to any 
individual in Sudan.
    This final rule amends the EAR to correct License Exception TMP to 
clarify BIS's intent to authorize temporary export and reexport of 
employer-owned consumer communications devices and related software as 
tools of trade to Sudan under the license exception. The amended 
provision refers to the list of consumer communications devices and 
software that is contained in License Exception CCD (Section 740.19(b)) 
and notes that all other requirements and limitations found in License 
Exception TMP apply to exports and reexports of such items.

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). This rule 
does not impose any regulatory burden on the public and is consistent 
with the goals of Executive Order 13563. This rule has been determined 
to be not significant for purposes of Executive Order 12866.

[[Page 52963]]

    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 approved under OMB control number 
0694-0088, Simplified Network Application Processing+ System (SNAP+) 
and the Multipurpose Export License Application, which carries an 
annual estimated burden of 31,833 hours. BIS believes that this rule 
will have no material impact on that burden. To the extent that it has 
any impact at all, the impact would be to reduce the burden because 
this rule makes some transactions that would otherwise require a 
license eligible for a license exception.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under Executive Order 13132.
    4. BIS finds good cause under 5 U.S.C. 553(b)(B) to waive prior 
notice of proposed rulemaking and the opportunity for public comment 
because it is impracticable and contrary to the public interest. This 
rule corrects an error in License Exception TMP to make certain 
consumer communications devices and related software eligible for 
temporary export and reexport to Sudan as ``tools of trade.'' Due to a 
drafting error in the February 2015 rule, license exception 
availability under the EAR was eliminated for employer-owned consumer 
communications devices and related software being exported or 
reexported temporarily to Sudan for use by staff members, employees, 
and contractors of non-governmental organizations engaged in 
humanitarian activities. Those same devices may be exported or 
reexported temporarily to Sudan under a license exception if they are 
owned personally by the traveler. They may also be exported or 
reexported permanently to Sudan under a license exception if they are 
to be sold or donated to a non-governmental organization or individual 
in Sudan. This rule is necessary in order to ensure that persons 
traveling to Sudan benefit from clarity on the point addressed by this 
rule, as it would enable them to bring certain items with them for use 
in their humanitarian activities in the country without having to apply 
for a license. Maintaining a license requirement for this limited 
category of exports and reexports is contrary to the public interest as 
it would hamper the activities of non-governmental organizations 
engaged in humanitarian work without providing any corresponding 
benefit to the foreign policy goals that export controls are intended 
to meet. It would be impracticable to delay this rule to allow for 
notice and comment, as there is an urgent need for timely clarification 
consistent with the purpose of the February 2015 rule, which sought to 
expand the scope of exports and reexports to Sudan that may occur 
without the need to obtain a license.
    BIS also finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-
day delay in effectiveness. This rule does not impose any new 
regulatory burden on any person. It merely makes clear that certain 
employer-owned consumer communications devices and software may be 
exported or reexported temporarily to Sudan as tools of trade by 
persons traveling to Sudan. No person would be required to change any 
of its existing practices as a result of this rule. However, persons 
traveling to Sudan would benefit from clarity on the point addressed by 
this rule, as it would enable them to bring certain items with them for 
use in their humanitarian activities in the country without having to 
apply for a license. Because this rule imposes no new burden while 
providing a benefit to some persons, delaying implementation would be 
contrary to the public interest.

List of Subjects in 15 CFR Part 740

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

    For the reasons set forth in the preamble, the Export 
Administration Regulations (15 CFR parts 730-774) are amended as 
follows:

PART 740--[AMENDED]

0
1. The authority citation for 15 CFR part 740 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. 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 7, 2015, 80 FR 48233 (August 11, 2015).


0
2. In Sec.  740.9, paragraph (a)(2) is added to read as follows:


Sec.  740.9  Temporary imports, exports, reexports, and transfers (in-
country) (TMP).

* * * * *
    (a) * * *
    (2) Sudan. Notwithstanding the exclusion of destinations in Country 
Group E:1 in paragraphs (a)(1) and (3) of this section, items listed in 
Sec.  740.19(b) of the EAR may be exported or reexported as tools of 
trade to Sudan. All other requirements and limitations of this 
paragraph (a) apply to such exports and reexports.
* * * * *

    Dated: August 25, 2015.
Kevin J. Wolf,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2015-21695 Filed 9-1-15; 8:45 am]
 BILLING CODE 3510-33-P