Expansion of the Country Scope of the License Requirements that Apply to Chemical/Biological (CB) Equipment and Related Technology; Amendments to CB-Related End-User/End-Use and U.S. Person Controls, 19688-19694 [05-7523]
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19688
Federal Register / Vol. 70, No. 71 / Thursday, April 14, 2005 / Rules and Regulations
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BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 742, 744, and 774
[Docket No. 050401091–5091–01]
RIN 0694–AD37
Expansion of the Country Scope of the
License Requirements that Apply to
Chemical/Biological (CB) Equipment
and Related Technology; Amendments
to CB-Related End-User/End-Use and
U.S. Person Controls
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: The Bureau of Industry and
Security (BIS) is publishing this final
rule to amend the Export
Administration Regulations (EAR) by
increasing the country scope of
chemical/biological (CB) controls on
those Commerce Control List (CCL)
entries that contain chemical/biological
equipment and related technology
included on the Australia Group (AG)
Common Control Lists. Specifically, this
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final rule expands the country scope of
the CB license requirements for these
CCL entries from certain countries of
concern for chemical/biological
weapons reasons to all destinations,
worldwide, except for those countries
that participate in the Australia Group
(AG). These changes are intended to
make the EAR license requirements that
apply to chemical/biological equipment
and related technology identified on the
AG Common Control Lists consistent
with the AG ‘‘Guidelines for Transfers
of Sensitive Chemical or Biological
Items.’’
In addition, this rule amends certain
end-user and end-use based controls in
the EAR by expanding these controls to
include transfers (in-country), as well as
exports and reexports. Specifically, this
final rule expands the EAR restrictions
on certain chemical and biological
weapons end-uses to apply to exports,
reexports, and transfers of items subject
to the EAR to or within any country or
destination, worldwide. Prior to the
publication of this rule, such
restrictions applied only to exports and
reexports.
Finally, this rule amends the EAR by
expanding the country scope of the
restrictions on certain activities of U.S.
persons to include activities in support
of the design, development, production,
stockpiling, or use of chemical or
biological weapons in or by any country
or destination, worldwide. This change
makes the country scope of these U.S.
person controls consistent with the
country scope of the chemical and
biological weapons end-user/end-use
controls in Section 744.4 of the EAR, as
described above.
DATES: This rule is effective April 14,
2005. Although there is no formal
comment period, public comments on
this regulation are welcome on a
continuing basis.
ADDRESSES: You may submit comments,
identified by RIN 0694–AD37, by any of
the following methods:
• E-mail: wfisher@bis.doc.gov.
Include ‘‘RIN 0694–AD37’’ in the
subject line of the message.
• Fax: (202) 482–3355. Please alert
the Regulatory Policy Division, by
calling (202) 482–2440, if you are faxing
comments.
• Mail or Hand Delivery/Courier:
Willard Fisher, U.S. Department of
Commerce, Bureau of Industry and
Security, Regulatory Policy Division,
14th St. & Pennsylvania Avenue, NW.,
Room 2705, Washington, DC 20230,
ATTN: RIN 0694–AD37.
FOR FURTHER INFORMATION CONTACT:
Mark Sagrans, Office of
Nonproliferation and Treaty
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Compliance, Bureau of Industry and
Security, telephone: (202) 482–7900.
SUPPLEMENTARY INFORMATION:
Background
The Bureau of Industry and Security
(BIS) is amending the Export
Administration Regulations (EAR) by
increasing the country scope of the
chemical/biological (CB) controls that
apply to entries on the Commerce
Control List (CCL) (Supplement No. 1 to
Part 774 of the EAR) that list chemical/
biological equipment and related
technology included on the Australia
Group (AG) Common Control Lists. The
AG is a multilateral forum, consisting of
38 participating countries, that
maintains export controls on lists of
chemicals, biological agents, and related
equipment and technology that could be
used in a chemical or biological
weapons program.
Specifically, this rule amends Export
Control Classification Numbers (ECCNs)
1A004, 2A226, 2A292, 2B350, 2B351,
2B352, 2E001, 2E002, 2E201, 2E290,
and 2E301 by revising the License
Requirements section in each of these
ECCNs to expand the country scope of
the CB license requirements for these
ECCNs from CB Column 3 to CB
Column 2. The countries that require a
license under CB Column 2 or CB
Column 3 are indicated in the
Commerce Country Chart (Supplement
No. 1 to Part 738 of the EAR). Prior to
the publication of this rule, these ECCNs
required a license, for CB reasons, only
to certain countries of concern for
chemical/biological weapons reasons.
Effective with the publication of this
rule, the CB license requirements for
these ECCNs now apply to all
destinations, worldwide, except for
those countries that participate in the
Australia Group (AG), i.e., those
countries identified in Country Group
A:3 (Australia Group) in Supplement
No. 1 to Part 740 of the EAR.
This rule also amends ECCN 1E001
by: (1) revising the ECCN, in
conformance with entry 1.E.1 on the
Wassenaar Arrangement (WA) ‘‘List of
Dual-Use Goods and Technologies,’’ to
control technology for the
‘‘development’’ or ‘‘production’’ of
equipment controlled by 1A004; (2)
expanding the CB Column 2 controls in
ECCN 1E001 to include technology for
the ‘‘development’’ or ‘‘production’’ of
chemical detection systems and
dedicated detectors therefor, in 1A004.c,
that also have the technical
characteristics described in 2B351.a;
and (3) correcting the NS Column 1
controls in ECCN 1E001 to include
technology for the ‘‘development’’ or
‘‘production’’ of metals and compounds
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Federal Register / Vol. 70, No. 71 / Thursday, April 14, 2005 / Rules and Regulations
controlled under 1C011. These changes
are consistent with BIS’s regular
practice of including technologies on
the WA Dual-Use List in the CCL and
ensure that this 1A004 technology is
subject to the appropriate national
security (NS), chemical-biological (CB),
and anti-terrorism (AT) controls.
In addition, this rule makes
conforming changes to Section 742.2(a)
of the EAR, which identifies the CB
license requirements that apply to those
ECCNs containing items identified on
one of the AG lists. Specifically, this
rule removes all references to ECCNs
1A004, 2A226, 2A292, 2B350, 2B351,
2B352, 2E001, 2E002, 2E201, 2E290,
and 2E301 from Section 742.2(a)(3).
This section identifies those ECCNs
containing AG-listed items requiring a
license to countries indicated under CB
Column 3 of the Commerce Country
Chart. This rule also adds references to
these ECCNs (as well as the 1A004.c CBcontrolled technology in ECCN 1E001)
to Section 742.2(a)(2), which identifies
those ECCNs containing AG-listed items
requiring a license to countries
indicated under CB Column 2 of the
Commerce Country Chart.
The changes made to the Commerce
Control List and to Section 742.2 by this
rule are intended to make the EAR
license requirements that apply to AGlisted chemical/biological equipment
and related technology consistent with
the AG ‘‘Guidelines for Transfers of
Sensitive Chemical or Biological Items.’’
These changes will likely result in an
increase in the number of license
applications that will have to be
submitted to BIS for exports and
reexports of equipment and technology
affected by the expansion in the number
of destinations for which a license is
required for CB reasons. For example,
expanding the number of destinations
for which a license is required for
exports and reexports of technology
related to AG-controlled chemical/
biological equipment (i.e., CB-controlled
technology in ECCNs 1E001, 2E001,
2E002, 2E201, 2E290, and 2E301) will
likely result in an increase in the
number of ‘‘deemed’’ export license
applications that will have to be
submitted to BIS.
This rule also amends the EAR by
expanding the types of transactions that
would require a license pursuant to the
chemical and biological weapons enduser/end-use controls in Section 744.4
of the EAR. This final rule amends
paragraphs (a), (b), and (d) in Section
744.4 of the EAR to apply to transfers
(in-country), as well as exports and
reexports. Prior to the publication of
this rule, the end-user/end-use controls
in Section 744.4 applied only to exports
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and reexports, although U.S. persons
have been and continue to be subject to
certain in-country transfer restrictions
described in § 744.6 of the EAR. In
conjunction with expanding the scope
of Section 744.4 to include transfers (incountry), this rule replaces the term
‘‘exporters,’’ in paragraph (b) of that
section, with the term ‘‘persons,’’ to
make subsections 744.4(a) and (b)
consistent with each other.
As amended by this rule, Section
744.4(a) of the EAR requires a license to
export, reexport, or transfer (in-country)
items subject to the EAR if, at the time
of the export, reexport, or transfer, the
party responsible for the export,
reexport, or transfer knows that the
items are intended for chemical or
biological weapons activities in or by
any country or destination, worldwide.
Section 744.4(b) of the EAR authorizes
BIS to inform persons that a license is
required for a specific export, reeexport,
or transfer (in-country), or for the
export, reeexport, or transfer (incountry) of specific items to a certain
end-user, because there is an
unacceptable risk of diversion to
chemical or biological weapons
activities, anywhere in the world.
The term ‘‘transfer (in-country),’’ as
used in the context of Section 744.4 of
the EAR, means the transfer of an item
subject to the EAR within a foreign
country, if the transferor has knowledge
that the transferee will use the ‘‘item’’
in the design, development, production,
stockpiling, or use of chemical or
biological weapons. The term ‘‘transfer
(in-country),’’ as used in Section 744.4,
does not apply to a transfer within the
United States. However, Section
764.2(e) of the EAR indicates that
certain activities involving items subject
to the EAR (including transfers of such
items within the United States) are
prohibited, if a person acts with
knowledge of a violation of the EAR, the
Export Administration Act (EAA), or
any order, license, license exception, or
other authorization issued thereunder
with respect to such items. The release
of technology or source code subject to
the EAR to certain foreign nationals in
the United States, as described in
Section 734.2(b)(2)(ii) of the EAR,
constitutes a ‘‘deemed’’ export, not a
‘‘transfer (in-country).’’
This rule also amends Section
744.6(a)(1)(i)(C) and (a)(2)(ii) of the EAR
to expand the country scope of the
restrictions on certain activities of U.S.
persons to include activities in support
of the design, development, production,
stockpiling, or use of chemical or
biological weapons in or by any country
or destination, worldwide. Prior to the
publication of this rule, these U.S.
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19689
person restrictions applied only to
activities involving certain countries of
concern for chemical and biological
weapons reasons (i.e., Country Group
D:3 in Supplement 1 to Part 740 of the
EAR). This change makes the country
scope of these U.S. person controls
consistent with the country scope of the
chemical and biological weapons enduser/end-use controls in Section 744.4
of the EAR, as described above. On
March 30, 2005 (70 FR 16110), BIS
published a final rule that expanded the
country scope of the end-user/end-use
controls in Section 744.4 of the EAR
from certain countries of concern for
chemical and biological reasons (i.e.,
Country Group D:3) to include all
destinations, worldwide, including the
countries identified in Country Group
A:3 (i.e., the AG-participating
countries).
Although the 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), has continued the Export
Administration Regulations in effect
under the International Emergency
Economic Powers Act.
Saving Clause
Shipments of items removed from
eligibility for export or reexport under a
license exception or without a license
(i.e., under the designator ‘‘NLR’’) as a
result of this regulatory action that were
on dock for loading, on lighter, laden
aboard an exporting carrier, or en route
aboard a carrier to a port of export, on
April 29, 2005, pursuant to actual orders
for export or reexport to a foreign
destination, may proceed to that
destination under the previously
applicable license exception or without
a license (NLR) so long as they are
exported or reexported before May 16,
2005. Any such items not actually
exported or reexported before midnight,
on May 16, 2005, require a license in
accordance with this regulation.
Transfers (in-country) that are made
subject to a license requirement as a
result of this regulatory action may be
made without a license before May 16,
2005. Beginning at midnight on May 16,
2005, transfers (in-country) require a
license in accordance with this
regulation.
Deemed’’ exports of ‘‘technology’’ and
‘‘source code’’ removed from eligibility
for export under a license exception or
without a license (under the designator
‘‘NLR’’) as a result of this regulatory
action may continue to be made under
the previously available license
exception or without a license (NLR)
before August 12, 2005. Beginning at
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Federal Register / Vol. 70, No. 71 / Thursday, April 14, 2005 / Rules and Regulations
midnight on August 12, 2005, such
‘‘technology’’ and ‘‘source code’’ may no
longer be released, without a license, to
a foreign national subject to the
‘‘deemed’’ export controls in the EAR
when a license would be required to the
home country of the foreign national in
accordance with this regulation.
this regulation are welcome on a
continuing basis.
Rulemaking Requirements
1. This rule has been determined to be
not significant for purposes of Executive
Order 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
contains a collection of information
subject to the requirements of the PRA.
This collection 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 this
burden estimate or any other aspect of
this collection of information, including
suggestions for reducing the burden, to
David Rostker, Office of Management
and Budget (OMB), by e-mail to
David_Rostker@omb.eop.gov, or by fax
to (202) 395–7285; 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 that
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 (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 formal
comment period, public comments on
Exports, Foreign trade, Reporting and
recordkeeping requirements.
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List of Subjects
15 CFR Part 742
Exports, Foreign trade.
15 CFR Part 744 and 774
Accordingly, parts 742, 744, and 774 of
the Export Administration Regulations
(15 CFR parts 730 through 799) are
amended as follows:
I
PART 742—[AMENDED]
1. The authority citation for 15 CFR
Part 742 continues to read as follows:
I
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 18 U.S.C. 2510 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; Sec. 1503, Pub. L. 108–11, 117 Stat.
559; 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.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Presidential Determination
2003–23 of May 7, 2003, 68 FR 26459, May
16, 2003; Notice of August 6, 2004, 69 FR
48763 (August 10, 2004), Notice of November
4, 2004, 69 FR 64637 (November 8, 2004).
2. Section 742.2 is amended by
revising paragraphs (a)(2) and (a)(3) to
read as follows:
I
§ 742.2 Proliferation of chemical and
biological weapons.
(a) * * *
(2) If CB Column 2 of the Country
Chart (Supplement No. 1 to part 738 of
the EAR) is indicated in the appropriate
ECCN, a license is required to all
destinations except countries in Country
Group A:3 (see Supplement No. 1 to
part 740 of the EAR) (Australia Group
members) for the following:
(i) Chemicals identified in ECCN
1C350 (precursor and intermediate
chemicals used in the production of
chemical warfare agents).
(A) This license requirement includes
chemical mixtures identified in ECCN
1C350.b, .c, or .d, except as specified in
License Requirements Note 2 to that
ECCN.
(B) This licensing requirement does
not include chemical compounds
created with any chemicals identified in
ECCN 1C350, unless those compounds
are also identified in ECCN 1C350.
(C) This licensing requirement does
not apply to any of the following
medical, analytical, diagnostic, and food
testing kits that consist of pre-packaged
materials of defined composition that
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are specifically developed, packaged,
and marketed for diagnostic, analytical,
or public health purposes:
(1) Test kits containing no more than
300 grams of any chemical controlled by
ECCN 1C350.b or .c (CB-controlled
chemicals also identified as Schedule 2
or 3 chemicals under the CWC) that are
destined for export or reexport to CWC
States Parties (destinations listed in
Supplement No. 2 to part 745 of the
EAR). Such test kits are controlled by
ECCN 1C395 for CB and CW reasons, to
States not Party to the CWC
(destinations not listed in Supplement
No. 2 to part 745 of the EAR), and for
AT reasons.
(2) Test kits that contain no more than
300 grams of any chemical controlled by
ECCN 1C350.d (CB-controlled chemicals
not also identified as Schedule 1, 2, or
3 chemicals under the CWC). Such test
kits are controlled by ECCN 1C995 for
AT reasons.
(ii) Software (ECCN 1D390) for
process control that is specifically
configured to control or initiate
production of the chemical precursors
controlled by ECCN 1C350.
(iii) Technology (ECCN 1E001) for the
development or production of chemical
detection systems and dedicated
detectors therefore, controlled by ECCN
1A004.c, that also have the technical
characteristics described in ECCN
2B351.a.
(iv) Technology (ECCNs 1E001 and
1E350) involving the following for
facilities designed or intended to
produce chemicals described in 1C350:
(A) Overall plant design;
(B) Design, specification, or
procurement of equipment;
(C) Supervision of construction,
installation, or operation of complete
plant or components thereof;
(D) Training of personnel; or
(E) Consultation on specific problems
involving such facilities.
(v) Technology (ECCNs 1E001 and
1E351) for the production and/or
disposal of chemical precursors
described in ECCN 1C350;
(vi) Equipment and materials
identified in ECCN 2B350 or 2B351 on
the CCL, chemical detection systems
controlled by 1A004.c for detecting
chemical warfare agents and having the
characteristics of toxic gas monitoring
systems described in 2B351.a, and
valves controlled by ECCN 2A226 or
ECCN 2A292 having the characteristics
of those described in 2B350.g, which
can be used in the production of
chemical weapons precursors or
chemical warfare agents.
(vii) Equipment and materials
identified in ECCN 2B352, which can be
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used in the production of biological
agents.
(viii) Technology identified in ECCN
2E001, 2E002, or 2E301 for:
(A) The development, production, or
use of items controlled by ECCN 2B350,
2B351, or 2B352; or
(B) The development or production of
valves controlled by ECCN 2A226 or
2A292 having the characteristics of
those described in ECCN 2B350.g.
(ix) Technology identified in ECCN
2E201 or 2E290 for the use of valves
controlled by ECCN 2A226 or 2A292
having the characteristics of those
described in 2B350.g.
(3) If CB Column 3 of the Country
Chart (Supplement No. 1 to part 738 of
the EAR) is indicated in the appropriate
ECCN, a license is required to Country
Group D:3 (see Supplement No. 1 to part
740 of the EAR) for medical products
identified in ECCN 1C991.d.
*
*
*
*
*
PART 744—[AMENDED]
3. The authority citation for 15 CFR
Part 744 continues to read as follows:
I
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).
4. Section 744.4 is amended by
revising paragraphs (a), (b), and (d) to
read as follows:
I
§ 744.4 Restrictions on certain chemical
and biological weapons end-uses.
(a) General prohibition. In addition to
the license requirements for items
specified on the CCL, you may not
export, reexport, or transfer (in-country)
an item subject to the EAR without a
license if, at the time of export, reexport,
or transfer you know that the item will
be used in the design, development,
production, stockpiling, or use of
chemical or biological weapons in or by
any country or destination, worldwide.
(b) Additional prohibition on persons
informed by BIS. BIS may inform
persons, either individually by specific
notice or through amendment to the
EAR, that a license is required for a
specific export, reexport, or transfer (incountry), or for the export, reexport, or
transfer (in-country) of specified items
to a certain end-user, because there is an
unacceptable risk of use in or diversion
to the activities specified in paragraph
(a) of this section, anywhere in the
world. Specific notice is to be given
only by, or at the direction of, the
Deputy Assistant Secretary for Export
Administration. When such notice is
provided orally, it will be followed by
a written notice within two working
days signed by the Deputy Assistant
Secretary for Export Administration.
However, the absence of any such
notification does not excuse persons
from compliance with the license
requirements of paragraph (a) of this
section.
*
*
*
*
*
(d) License review standards. (1)
Applications to export, reexport, or
transfer (in-country) items subject to
this section will be considered on a
case-by-case basis to determine whether
the export, reexport, or transfer would
make a material contribution to the
design, development, production,
stockpiling, or use of chemical or
biological weapons. When an export,
reexport, or transfer is deemed to make
such a contribution, the license will be
denied.
(2) The following factors are among
those that will be considered to
determine what action should be taken
on an application required under this
section:
(i) The specific nature of the end-use;
(ii) The significance of the export,
reexport, or transfer in terms of its
contribution to the design,
development, production, stockpiling,
or use of chemical or biological
weapons;
(iii) The nonproliferation credentials
of the importing country or the country
in which the transfer would take place;
(iv) The types of assurances or
guarantees against the design,
development, production, stockpiling,
or use of chemical or biological
weapons that are given in a particular
case; and
(v) The existence of a pre-existing
contract. See Supplement No. 1 to Part
742 of the EAR for relevant contract
sanctity dates.
I 5. Section 744.6 is amended by
revising paragraphs (a)(1)(i)(C) and
(a)(2)(ii) to read as follows:
§ 744.6 Restrictions on certain activities of
U.S. persons.
(a) * * *
(1) * * *
(i) * * *
(C) Will be used in the design,
development, production, stockpiling,
or use of chemical or biological
weapons in or by any country or
destination, worldwide.
*
*
*
*
*
(2) * * *
(ii) Perform any contract, service, or
employment that the U.S. person knows
will directly assist in the design,
development, production, stockpiling,
or use of chemical or biological
weapons in or by any country or
destination, worldwide.
*
*
*
*
*
PART 774—[AMENDED]
6. The authority citation for 15 CFR
Part 774 continues to read as follows:
I
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); 18 U.S.C. 2510 et seq.; 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; 46 U.S.C. app.
466c; 50 U.S.C. app. 5; Sec. 901–911, Pub. L.
106–387; Sec. 221, Pub. L. 107–56; 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, 68
FR 48763 (August 10, 2004).
Supplement No. 1 to Part 774
[Amended]
7. In Supplement No. 1 to part 774 (the
Commerce Control List), Category 1—
‘‘Materials, Chemicals, ‘Microorganisms’
& ‘Toxins,’ ’’ ECCN 1A004 is amended by
revising the License Requirements
section of the ECCN to read as follows:
I
1A004 Protective and detection equipment
and components not specially designed for
military use as follows (see List of Items
Controlled).
License Requirements
Reason for Control: NS, CB, AT
Control(s)
Country chart
NS applies to entire entry .................................................................................................................................................................
CB applies to chemical detection systems and dedicated detectors therefor, in 1A004.c, that also have the technical characteristics described in 2B351.a.
AT applies to entire entry .................................................................................................................................................................
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NS Column 2.
CB Column 2.
AT Column 1.
19692
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*
*
*
*
*
8. In Supplement No. 1 to part 774 (the
Commerce Control List), Category 1—
‘‘Materials, Chemicals, ‘Microorganisms’
& ‘Toxins,’ ’’ ECCN 1E001 is amended by
revising the ECCN heading and the
I
License Requirements section of the
ECCN to read as follows:
1E001 ‘‘Technology’’ according to the
General Technology Note for the
‘‘development’’ or ‘‘production’’ of items
controlled by 1A001.b, 1A001.c, 1A002,
1A003, 1A004, 1A005, 1A101, 1B, or 1C
(except 1C355, 1C980 to 1C984, 1C988,
1C990, 1C991, 1C992, and 1C995).
License Requirements
Reason for Control: NS, MT, NP, CB, AT
Control(s)
Country chart
NS applies to ‘‘technology’’ for items controlled by 1A001.b and .c, 1A002, 1A003, 1A005, 1B001 to 1B003, 1B018, 1C001 to
1C011, or 1C018.
NS applies to ‘‘technology’’ for items controlled by 1A004 ..............................................................................................................
MT applies to ‘‘technology’’ for items controlled by 1A101, 1B001, 1B101, 1B102, 1B115, to 1B119, 1C001, 1C007, 1C011,
1C101, 1C102, 1C107, 1C111, 1C116, 1C117, or 1C118 for MT reasons.
NP applies to ‘‘technology’’ for items controlled by 1A002, 1B001, 1B101, 1B201, 1B225 to 1B233, 1C002, 1C010, 1C116,
1C202, 1C210, 1C216, 1C225 to 1C240 for NP reasons.
CB applies to ‘‘technology’’ for controlled by 1C351, 1C353, or 1C354 .........................................................................................
CB applies to ‘‘technology’’ for materials controlled by 1C350, and for chemical detection systems and dedicated detectors
therefor, in 1A004.c, that also have the technical characteristics described in 2B351.a.
AT applies to entire entry .................................................................................................................................................................
License Requirements Note: See § 743.1 of
the EAR for reporting requirements for
exports under License Exceptions.
*
*
*
*
*
9. In Supplement No. 1 to Part 774 (the
Commerce Control List), Category 2—
Materials Processing, ECCN 2A226 is
amended by revising the License
Requirements section to read as follows:
I
*
*
*
10. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
2—Materials Processing, ECCN 2A292 is
I
*
*
*
*
11. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
2—Materials Processing, ECCN 2B350 is
alloy or other alloy steel containing 10% or
more nickel and/or chromium.
2A292 Piping, fittings and valves made of,
or lined with, stainless steel, copper-nickel
License Requirements
Reason for Control: NP, CB, AT
Country chart
*
*
*
*
12. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
2—Materials Processing, ECCN 2B351 is
2A226 or 2A292, as follows (see List of Items
Controlled).
2B350 Chemical manufacturing facilities
and equipment, except valves controlled by
License Requirements
Reason for Control: CB, AT
Country chart
therefor, except those systems and detectors
controlled by ECCN 1A004.c.
2B351 Toxic gas monitoring systems that
operate on-line and dedicated detectors
License Requirements
Reason for Control: CB, AT
Country chart
CB applies to entire entry .................................................................................................................................................................
AT applies to entire entry .................................................................................................................................................................
15:06 Apr 13, 2005
Jkt 205001
CB Column 2.
AT Column 1.
amended by revising the License
Requirements section to read as follows:
Control(s)
VerDate jul<14>2003
NP Column 2.
CB Column 2.
AT Column 1.
amended by revising the License
Requirements section to read as follows:
CB applies to entire entry .................................................................................................................................................................
AT applies to entire entry .................................................................................................................................................................
I
NP Column 1.
CB Column 2.
AT Column 1.
amended by revising the License
Requirements section to read as follows:
Control(s)
*
AT Column 1.
Country chart
NP applies to entire entry .................................................................................................................................................................
CB applies to valves that meet or exceed the technical parameters described in 2B350.g ...........................................................
AT applies to entire entry .................................................................................................................................................................
I
CB Column 1.
CB Column 2.
Reason for Control: NP, CB, AT
Control(s)
*
NP Column 1.
License Requirements
NP applies to entire entry .................................................................................................................................................................
CB applies to valves that also meet or exceed the technical parameters in 2B350.g ....................................................................
AT applies to entire entry .................................................................................................................................................................
*
NS Column 2.
MT Column 1.
2A226 Valves having all of the following
characteristics (see List of Items Controlled).
Control(s)
*
NS Column 1.
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AT Column 1.
19693
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*
*
*
*
*
13. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
2—Materials Processing, ECCN 2B352 is
I
amended by revising the License
Requirements section to read as follows:
License Requirements
Reason for Control: CB, AT
2B352 Equipment capable of use in
handling biological materials, as follows (see
List of Items Controlled).
Control(s)
Country chart
CB applies to entire entry .................................................................................................................................................................
AT applies to entire entry .................................................................................................................................................................
*
*
*
*
*
14. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
2—Materials Processing, ECCN 2E001 is
I
CB Column 2.
AT Column 1.
amended by revising the License
Requirements section to read as follows:
2E001 ‘‘Technology’’ according to the
General Technology Note for the
‘‘development’’ of equipment or ‘‘software’’
controlled by 2A (except 2A983, 2A991, or
2A994), 2B (except 2B991, 2B993, 2B996,
2B997, or 2B998), or 2D (except 2D983,
2D991, 2D992, or 2D994).
License Requirements
Reason for Control: NS, MT, NP, CB, AT
Control(s)
Country chart
NS applies to ‘‘technology’’ for items controlled by 2A001, 2B001 to 2B009, 2D001 or 2D002 ....................................................
MT applies to ‘‘technology’’ for items controlled by 2B004, 2B009, 2B018, 2B104, 2B105, 2B109, 2B116, 2B117, 2B119 to
2B122, 2D001, or 2D101 for MT reasons.
NP applies to ‘‘technology’’ for items controlled by 2A225, 2A226, 2B001, 2B004, 2B006, 2B007, 2B009, 2B104, 2B109,
2B116, 2B201, 2B204, 2B206, 2B207, 2B209, 2B225 to 2B232, 2D001, 2D002, 2D101, 2D201 or 2D202 for NP reasons.
NP applies to ‘‘technology’’ for items controlled by 2A290 to 2A293, 2B290, or 2D290 for NP reasons .......................................
CB applies to ‘‘technology’’ for equipment controlled by 2B350 to 2B352 and for valves controlled by 2A226 or 2A292 having
the characteristics of those controlled by 2B350.g.
AT applies to entire entry .................................................................................................................................................................
NS Column 1
MT Column 1
NP Column 1
NP Column 2
CB Column 2
AT Column 1
License Requirement Notes: See § 743.1 of
the EAR for reporting requirements for
exports under License Exceptions.
2—Materials Processing, ECCN 2E002 is
amended by revising the License
Requirements section to read as follows:
(except 2A983, 2A991, or 2A994), or 2B
(except 2B991, 2B993, 2B996, 2B997, or
2B998).
*
2E002 ‘‘Technology’’ according to the
General Technology Note for the
‘‘production’’ of equipment controlled by 2A
License Requirements
*
*
*
*
15. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
I
Reason for Control: NS, MT, NP, CB, AT
Control(s)
Country chart
NS applies to ‘‘technology’’ for equipment controlled by 2A001, 2B001 to 2B009 .........................................................................
MT applies to ‘‘technology’’ for equipment controlled by 2B004, 2B009, 2B018, 2B104, 2B105, 2B109, 2B116, 2B117, or
2B119 to 2B122 for MT reasons.
NP applies to ‘‘technology’’ for equipment controlled by 2A225, 2A226, 2B001, 2B004, 2B006, 2B007, 2B009, 2B104, 2B109,
2B116, 2B201, 2B204, 2B206, 2B207, 2B209, 2B225 to 2B232 for NP reasons.
NP applies to ‘‘technology’’ for equipment controlled by 2A290 to 2A293, 2B290 for NP reasons ................................................
CB applies to ‘‘technology’’ for equipment controlled by 2B350 to 2B352 and for valves controlled by 2A226 or 2A292 having
the characteristics of those controlled by 2B350.g.
AT applies to entire entry .................................................................................................................................................................
License Requirement Notes: See § 743.1 of
the EAR for reporting requirements for
exports under License Exceptions.
*
*
*
*
*
16. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
I
*
*
*
*
17. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
2—Materials Processing, ECCN 2E290 is
VerDate jul<14>2003
14:15 Apr 13, 2005
Jkt 205001
NP Column 2.
CB Column 2.
AT Column 1.
2E201 ‘‘Technology’’ according to the
General Technology Note for the ‘‘use’’ of
equipment or ‘‘software’’ controlled by
2A225, 2A226, 2B001, 2B006, 2B007.b,
2B007.c, 2B008, 2B201, 2B204, 2B206,
2B207, 2B209, 2B225 to 2B232, 2D002,
2D201 or 2D202.
License Requirements
Reason for Control: NP, CB, AT
Country chart
NP applies to entire entry, except 2B008 ........................................................................................................................................
CB applies to ‘‘technology’’ for valves controlled by 2A226 that meet or exceed the technical parameters in 2B350.g ...............
AT applies to entire entry .................................................................................................................................................................
I
NP Column 1.
2—Materials Processing, ECCN 2E201 is
amended by revising the License
Requirements section to read as follows:
Control(s)
*
NS Column 1.
MT Column 1.
amended by revising the License
Requirements section to read as follows:
equipment controlled by 2A290, 2A291,
2A292, 2A293, or 2B290.
2E290 ‘‘Technology’’ according to the
General Technology Note for the ‘‘use’’ of
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CB Column 2.
AT Column 1.
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14APR1
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License Requirements
Reason for Control: NP, CB, AT
Control(s)
Country chart
NP applies to entire entry .................................................................................................................................................................
CB applies to ‘‘technology’’ for valves controlled by 2A292 that meet or exceed the technical parameters in 2B350.g ...............
AT applies to entire entry .................................................................................................................................................................
*
*
*
*
*
18. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
2—Materials Processing, ECCN 2E301 is
amended by revising the heading of the
I
ECCN and the License Requirements
section to read as follows:
items controlled by 2B350, 2B351 and
2B352.
2E301 ‘‘Technology’’ according to the
‘‘General Technology Note’’ for the ‘‘use’’ of
License Requirements
Reason for Control: CB, AT
Control(s)
Country chart
CB applies to entire entry .................................................................................................................................................................
AT applies to entire entry .................................................................................................................................................................
*
*
*
*
*
BILLING CODE 3510–33–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 31
[TD 9196]
RIN 1545–BE21
Withholding Exemptions
Internal Revenue Service (IRS),
Treasury.
ACTION: Final and temporary
regulations.
AGENCY:
SUMMARY: This document contains
regulations providing guidance under
section 3402(f) of the Internal Revenue
Code (Code) for employers and
employees relating to the Form W–4,
‘‘Employee’s Withholding Allowance
Certificate.’’ These regulations provide
rules for the submission of copies of
certain withholding exemption
certificates to the IRS, the notification
provided to the employer and the
employee of the maximum number of
withholding exemptions permitted, and
the use of substitute forms. The text of
the temporary regulations also serves as
the text of the proposed regulations set
forth in the notice of proposed
rulemaking on this subject in the
Proposed Rules section in this issue of
the Federal Register. The amendments
to the final regulations provide crossreferences to the temporary regulations.
VerDate jul<14>2003
14:15 Apr 13, 2005
These regulations are effective
April 14, 2005.
FOR FURTHER INFORMATION CONTACT:
Margaret A. Owens, (202) 622–0047 (not
a toll-free call).
SUPPLEMENTARY INFORMATION:
DATES:
Dated: April 11, 2005.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 05–7523 Filed 4–13–05; 8:45 am]
Jkt 205001
NP Column 2.
CB Column 2.
AT Column 1.
Paperwork Reduction Act
These regulations do not impose any
new information collection. The
Office of Management and Budget
(OMB) previously approved the
information collection requirements
concerning Form W–4 contained in the
regulation under section 6001
(§ 31.6001–5; OMB Control No. 1545–
0798) and in the regulation under
section 3402 (§ 31.3402(f)(2)–1; OMB
Control No.1545–0010) under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. Books or
records relating to a collection of
information must be retained as long as
their contents may become material in
the administration of any internal
revenue law. Generally, tax returns and
tax return information are confidential,
as required by 26 U.S.C. 6103.
Background
Under section 3402(f)(2)(A), every
employee is required to furnish his or
her employer with a signed withholding
exemption certificate on or before
commencing employment. Regulations
prescribe the form of the certificate as
the Form W–4. The maximum number
of withholding exemptions to which an
employee is entitled depends upon the
employee’s marital status, the
employee’s filing status, the number of
the employee’s dependents, the number
of exemptions claimed by the
employee’s spouse (if any) on a Form
W–4, and the amount of the employee’s
estimated itemized deductions, tax
credits, and certain other deductions
PO 00000
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CB Column 2.
AT Column 1.
from income. A Form W–4 may be in
either paper or electronic form.
Section 31.3402(f)(2)–1(g) of the
existing regulations requires employers
to submit copies of certain questionable
Forms W–4 to the IRS. Employers must
submit a copy of each Form W–4 on
which an employee claims more than 10
withholding exemptions. Employers
must also submit a copy of each Form
W–4 on which the employee claims a
complete exemption from withholding
for the taxable year if the employer
reasonably expects, when the Form W–
4 is received, that the employee’s wages
from that employer will usually be $200
or more per week.
In addition, the existing regulations
provide that, upon written request from
the IRS, employers are required to
submit to the IRS copies of withholding
exemption certificates which are
received from employees or groups of
employees identified by the IRS in the
written request.
The existing regulations provide that
the IRS may notify an employer that a
named employee is not entitled to claim
a complete exemption from withholding
and is not entitled to claim a total
number of withholding exemptions
more than the maximum number
specified by the IRS in the notice. The
IRS will issue such notice if the IRS
finds that the withholding exemption
certificate contains a materially
incorrect statement or if the IRS finds,
after written request to the employee for
verification of the statements on the
certificate, that the IRS lacks sufficient
information to determine if the
certificate is correct. In these cases, the
employer must withhold tax based on
the maximum number of withholding
exemptions specified in the notice from
the IRS unless otherwise notified by the
IRS. However, if the employee furnishes
E:\FR\FM\14APR1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 71 (Thursday, April 14, 2005)]
[Rules and Regulations]
[Pages 19688-19694]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7523]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 742, 744, and 774
[Docket No. 050401091-5091-01]
RIN 0694-AD37
Expansion of the Country Scope of the License Requirements that
Apply to Chemical/Biological (CB) Equipment and Related Technology;
Amendments to CB-Related End-User/End-Use and U.S. Person Controls
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS) is publishing this
final rule to amend the Export Administration Regulations (EAR) by
increasing the country scope of chemical/biological (CB) controls on
those Commerce Control List (CCL) entries that contain chemical/
biological equipment and related technology included on the Australia
Group (AG) Common Control Lists. Specifically, this final rule expands
the country scope of the CB license requirements for these CCL entries
from certain countries of concern for chemical/biological weapons
reasons to all destinations, worldwide, except for those countries that
participate in the Australia Group (AG). These changes are intended to
make the EAR license requirements that apply to chemical/biological
equipment and related technology identified on the AG Common Control
Lists consistent with the AG ``Guidelines for Transfers of Sensitive
Chemical or Biological Items.''
In addition, this rule amends certain end-user and end-use based
controls in the EAR by expanding these controls to include transfers
(in-country), as well as exports and reexports. Specifically, this
final rule expands the EAR restrictions on certain chemical and
biological weapons end-uses to apply to exports, reexports, and
transfers of items subject to the EAR to or within any country or
destination, worldwide. Prior to the publication of this rule, such
restrictions applied only to exports and reexports.
Finally, this rule amends the EAR by expanding the country scope of
the restrictions on certain activities of U.S. persons to include
activities in support of the design, development, production,
stockpiling, or use of chemical or biological weapons in or by any
country or destination, worldwide. This change makes the country scope
of these U.S. person controls consistent with the country scope of the
chemical and biological weapons end-user/end-use controls in Section
744.4 of the EAR, as described above.
DATES: This rule is effective April 14, 2005. Although there is no
formal comment period, public comments on this regulation are welcome
on a continuing basis.
ADDRESSES: You may submit comments, identified by RIN 0694-AD37, by any
of the following methods:
E-mail: wfisher@bis.doc.gov. Include ``RIN 0694-AD37'' in
the subject line of the message.
Fax: (202) 482-3355. Please alert the Regulatory Policy
Division, by calling (202) 482-2440, if you are faxing comments.
Mail or Hand Delivery/Courier: Willard Fisher, U.S.
Department of Commerce, Bureau of Industry and Security, Regulatory
Policy Division, 14th St. & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230, ATTN: RIN 0694-AD37.
FOR FURTHER INFORMATION CONTACT: Mark Sagrans, Office of
Nonproliferation and Treaty Compliance, Bureau of Industry and
Security, telephone: (202) 482-7900.
SUPPLEMENTARY INFORMATION:
Background
The Bureau of Industry and Security (BIS) is amending the Export
Administration Regulations (EAR) by increasing the country scope of the
chemical/biological (CB) controls that apply to entries on the Commerce
Control List (CCL) (Supplement No. 1 to Part 774 of the EAR) that list
chemical/biological equipment and related technology included on the
Australia Group (AG) Common Control Lists. The AG is a multilateral
forum, consisting of 38 participating countries, that maintains export
controls on lists of chemicals, biological agents, and related
equipment and technology that could be used in a chemical or biological
weapons program.
Specifically, this rule amends Export Control Classification
Numbers (ECCNs) 1A004, 2A226, 2A292, 2B350, 2B351, 2B352, 2E001, 2E002,
2E201, 2E290, and 2E301 by revising the License Requirements section in
each of these ECCNs to expand the country scope of the CB license
requirements for these ECCNs from CB Column 3 to CB Column 2. The
countries that require a license under CB Column 2 or CB Column 3 are
indicated in the Commerce Country Chart (Supplement No. 1 to Part 738
of the EAR). Prior to the publication of this rule, these ECCNs
required a license, for CB reasons, only to certain countries of
concern for chemical/biological weapons reasons. Effective with the
publication of this rule, the CB license requirements for these ECCNs
now apply to all destinations, worldwide, except for those countries
that participate in the Australia Group (AG), i.e., those countries
identified in Country Group A:3 (Australia Group) in Supplement No. 1
to Part 740 of the EAR.
This rule also amends ECCN 1E001 by: (1) revising the ECCN, in
conformance with entry 1.E.1 on the Wassenaar Arrangement (WA) ``List
of Dual-Use Goods and Technologies,'' to control technology for the
``development'' or ``production'' of equipment controlled by 1A004; (2)
expanding the CB Column 2 controls in ECCN 1E001 to include technology
for the ``development'' or ``production'' of chemical detection systems
and dedicated detectors therefor, in 1A004.c, that also have the
technical characteristics described in 2B351.a; and (3) correcting the
NS Column 1 controls in ECCN 1E001 to include technology for the
``development'' or ``production'' of metals and compounds
[[Page 19689]]
controlled under 1C011. These changes are consistent with BIS's regular
practice of including technologies on the WA Dual-Use List in the CCL
and ensure that this 1A004 technology is subject to the appropriate
national security (NS), chemical-biological (CB), and anti-terrorism
(AT) controls.
In addition, this rule makes conforming changes to Section 742.2(a)
of the EAR, which identifies the CB license requirements that apply to
those ECCNs containing items identified on one of the AG lists.
Specifically, this rule removes all references to ECCNs 1A004, 2A226,
2A292, 2B350, 2B351, 2B352, 2E001, 2E002, 2E201, 2E290, and 2E301 from
Section 742.2(a)(3). This section identifies those ECCNs containing AG-
listed items requiring a license to countries indicated under CB Column
3 of the Commerce Country Chart. This rule also adds references to
these ECCNs (as well as the 1A004.c CB-controlled technology in ECCN
1E001) to Section 742.2(a)(2), which identifies those ECCNs containing
AG-listed items requiring a license to countries indicated under CB
Column 2 of the Commerce Country Chart.
The changes made to the Commerce Control List and to Section 742.2
by this rule are intended to make the EAR license requirements that
apply to AG-listed chemical/biological equipment and related technology
consistent with the AG ``Guidelines for Transfers of Sensitive Chemical
or Biological Items.'' These changes will likely result in an increase
in the number of license applications that will have to be submitted to
BIS for exports and reexports of equipment and technology affected by
the expansion in the number of destinations for which a license is
required for CB reasons. For example, expanding the number of
destinations for which a license is required for exports and reexports
of technology related to AG-controlled chemical/biological equipment
(i.e., CB-controlled technology in ECCNs 1E001, 2E001, 2E002, 2E201,
2E290, and 2E301) will likely result in an increase in the number of
``deemed'' export license applications that will have to be submitted
to BIS.
This rule also amends the EAR by expanding the types of
transactions that would require a license pursuant to the chemical and
biological weapons end-user/end-use controls in Section 744.4 of the
EAR. This final rule amends paragraphs (a), (b), and (d) in Section
744.4 of the EAR to apply to transfers (in-country), as well as exports
and reexports. Prior to the publication of this rule, the end-user/end-
use controls in Section 744.4 applied only to exports and reexports,
although U.S. persons have been and continue to be subject to certain
in-country transfer restrictions described in Sec. 744.6 of the EAR.
In conjunction with expanding the scope of Section 744.4 to include
transfers (in-country), this rule replaces the term ``exporters,'' in
paragraph (b) of that section, with the term ``persons,'' to make
subsections 744.4(a) and (b) consistent with each other.
As amended by this rule, Section 744.4(a) of the EAR requires a
license to export, reexport, or transfer (in-country) items subject to
the EAR if, at the time of the export, reexport, or transfer, the party
responsible for the export, reexport, or transfer knows that the items
are intended for chemical or biological weapons activities in or by any
country or destination, worldwide. Section 744.4(b) of the EAR
authorizes BIS to inform persons that a license is required for a
specific export, reeexport, or transfer (in-country), or for the
export, reeexport, or transfer (in-country) of specific items to a
certain end-user, because there is an unacceptable risk of diversion to
chemical or biological weapons activities, anywhere in the world.
The term ``transfer (in-country),'' as used in the context of
Section 744.4 of the EAR, means the transfer of an item subject to the
EAR within a foreign country, if the transferor has knowledge that the
transferee will use the ``item'' in the design, development,
production, stockpiling, or use of chemical or biological weapons. The
term ``transfer (in-country),'' as used in Section 744.4, does not
apply to a transfer within the United States. However, Section 764.2(e)
of the EAR indicates that certain activities involving items subject to
the EAR (including transfers of such items within the United States)
are prohibited, if a person acts with knowledge of a violation of the
EAR, the Export Administration Act (EAA), or any order, license,
license exception, or other authorization issued thereunder with
respect to such items. The release of technology or source code subject
to the EAR to certain foreign nationals in the United States, as
described in Section 734.2(b)(2)(ii) of the EAR, constitutes a
``deemed'' export, not a ``transfer (in-country).''
This rule also amends Section 744.6(a)(1)(i)(C) and (a)(2)(ii) of
the EAR to expand the country scope of the restrictions on certain
activities of U.S. persons to include activities in support of the
design, development, production, stockpiling, or use of chemical or
biological weapons in or by any country or destination, worldwide.
Prior to the publication of this rule, these U.S. person restrictions
applied only to activities involving certain countries of concern for
chemical and biological weapons reasons (i.e., Country Group D:3 in
Supplement 1 to Part 740 of the EAR). This change makes the country
scope of these U.S. person controls consistent with the country scope
of the chemical and biological weapons end-user/end-use controls in
Section 744.4 of the EAR, as described above. On March 30, 2005 (70 FR
16110), BIS published a final rule that expanded the country scope of
the end-user/end-use controls in Section 744.4 of the EAR from certain
countries of concern for chemical and biological reasons (i.e., Country
Group D:3) to include all destinations, worldwide, including the
countries identified in Country Group A:3 (i.e., the AG-participating
countries).
Although the 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), has
continued the Export Administration Regulations in effect under the
International Emergency Economic Powers Act.
Saving Clause
Shipments of items removed from eligibility for export or reexport
under a license exception or without a license (i.e., under the
designator ``NLR'') as a result of this regulatory action that were on
dock for loading, on lighter, laden aboard an exporting carrier, or en
route aboard a carrier to a port of export, on April 29, 2005, pursuant
to actual orders for export or reexport to a foreign destination, may
proceed to that destination under the previously applicable license
exception or without a license (NLR) so long as they are exported or
reexported before May 16, 2005. Any such items not actually exported or
reexported before midnight, on May 16, 2005, require a license in
accordance with this regulation.
Transfers (in-country) that are made subject to a license
requirement as a result of this regulatory action may be made without a
license before May 16, 2005. Beginning at midnight on May 16, 2005,
transfers (in-country) require a license in accordance with this
regulation.
Deemed'' exports of ``technology'' and ``source code'' removed from
eligibility for export under a license exception or without a license
(under the designator ``NLR'') as a result of this regulatory action
may continue to be made under the previously available license
exception or without a license (NLR) before August 12, 2005. Beginning
at
[[Page 19690]]
midnight on August 12, 2005, such ``technology'' and ``source code''
may no longer be released, without a license, to a foreign national
subject to the ``deemed'' export controls in the EAR when a license
would be required to the home country of the foreign national in
accordance with this regulation.
Rulemaking Requirements
1. This rule has been determined to be not significant for purposes
of Executive Order 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
contains a collection of information subject to the requirements of the
PRA. This collection 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 this burden estimate or any other aspect of this
collection of information, including suggestions for reducing the
burden, to David Rostker, Office of Management and Budget (OMB), by e-
mail to David--Rostker@omb.eop.gov, or by fax to (202) 395-7285; 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 that 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 (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 formal comment period, public comments on this regulation are
welcome on a continuing basis.
List of Subjects
15 CFR Part 742
Exports, Foreign trade.
15 CFR Part 744 and 774
Exports, Foreign trade, Reporting and recordkeeping requirements.
0
Accordingly, parts 742, 744, and 774 of the Export Administration
Regulations (15 CFR parts 730 through 799) are amended as follows:
PART 742--[AMENDED]
0
1. The authority citation for 15 CFR Part 742 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
18 U.S.C. 2510 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; Sec. 1503,
Pub. L. 108-11, 117 Stat. 559; 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. 13026, 61
FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783; Presidential Determination 2003-23 of May 7,
2003, 68 FR 26459, May 16, 2003; Notice of August 6, 2004, 69 FR
48763 (August 10, 2004), Notice of November 4, 2004, 69 FR 64637
(November 8, 2004).
0
2. Section 742.2 is amended by revising paragraphs (a)(2) and (a)(3) to
read as follows:
Sec. 742.2 Proliferation of chemical and biological weapons.
(a) * * *
(2) If CB Column 2 of the Country Chart (Supplement No. 1 to part
738 of the EAR) is indicated in the appropriate ECCN, a license is
required to all destinations except countries in Country Group A:3 (see
Supplement No. 1 to part 740 of the EAR) (Australia Group members) for
the following:
(i) Chemicals identified in ECCN 1C350 (precursor and intermediate
chemicals used in the production of chemical warfare agents).
(A) This license requirement includes chemical mixtures identified
in ECCN 1C350.b, .c, or .d, except as specified in License Requirements
Note 2 to that ECCN.
(B) This licensing requirement does not include chemical compounds
created with any chemicals identified in ECCN 1C350, unless those
compounds are also identified in ECCN 1C350.
(C) This licensing requirement does not apply to any of the
following medical, analytical, diagnostic, and food testing kits that
consist of pre-packaged materials of defined composition that are
specifically developed, packaged, and marketed for diagnostic,
analytical, or public health purposes:
(1) Test kits containing no more than 300 grams of any chemical
controlled by ECCN 1C350.b or .c (CB-controlled chemicals also
identified as Schedule 2 or 3 chemicals under the CWC) that are
destined for export or reexport to CWC States Parties (destinations
listed in Supplement No. 2 to part 745 of the EAR). Such test kits are
controlled by ECCN 1C395 for CB and CW reasons, to States not Party to
the CWC (destinations not listed in Supplement No. 2 to part 745 of the
EAR), and for AT reasons.
(2) Test kits that contain no more than 300 grams of any chemical
controlled by ECCN 1C350.d (CB-controlled chemicals not also identified
as Schedule 1, 2, or 3 chemicals under the CWC). Such test kits are
controlled by ECCN 1C995 for AT reasons.
(ii) Software (ECCN 1D390) for process control that is specifically
configured to control or initiate production of the chemical precursors
controlled by ECCN 1C350.
(iii) Technology (ECCN 1E001) for the development or production of
chemical detection systems and dedicated detectors therefore,
controlled by ECCN 1A004.c, that also have the technical
characteristics described in ECCN 2B351.a.
(iv) Technology (ECCNs 1E001 and 1E350) involving the following for
facilities designed or intended to produce chemicals described in
1C350:
(A) Overall plant design;
(B) Design, specification, or procurement of equipment;
(C) Supervision of construction, installation, or operation of
complete plant or components thereof;
(D) Training of personnel; or
(E) Consultation on specific problems involving such facilities.
(v) Technology (ECCNs 1E001 and 1E351) for the production and/or
disposal of chemical precursors described in ECCN 1C350;
(vi) Equipment and materials identified in ECCN 2B350 or 2B351 on
the CCL, chemical detection systems controlled by 1A004.c for detecting
chemical warfare agents and having the characteristics of toxic gas
monitoring systems described in 2B351.a, and valves controlled by ECCN
2A226 or ECCN 2A292 having the characteristics of those described in
2B350.g, which can be used in the production of chemical weapons
precursors or chemical warfare agents.
(vii) Equipment and materials identified in ECCN 2B352, which can
be
[[Page 19691]]
used in the production of biological agents.
(viii) Technology identified in ECCN 2E001, 2E002, or 2E301 for:
(A) The development, production, or use of items controlled by ECCN
2B350, 2B351, or 2B352; or
(B) The development or production of valves controlled by ECCN
2A226 or 2A292 having the characteristics of those described in ECCN
2B350.g.
(ix) Technology identified in ECCN 2E201 or 2E290 for the use of
valves controlled by ECCN 2A226 or 2A292 having the characteristics of
those described in 2B350.g.
(3) If CB Column 3 of the Country Chart (Supplement No. 1 to part
738 of the EAR) is indicated in the appropriate ECCN, a license is
required to Country Group D:3 (see Supplement No. 1 to part 740 of the
EAR) for medical products identified in ECCN 1C991.d.
* * * * *
PART 744--[AMENDED]
0
3. The authority citation for 15 CFR 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).
0
4. Section 744.4 is amended by revising paragraphs (a), (b), and (d) to
read as follows:
Sec. 744.4 Restrictions on certain chemical and biological weapons
end-uses.
(a) General prohibition. In addition to the license requirements
for items specified on the CCL, you may not export, reexport, or
transfer (in-country) an item subject to the EAR without a license if,
at the time of export, reexport, or transfer you know that the item
will be used in the design, development, production, stockpiling, or
use of chemical or biological weapons in or by any country or
destination, worldwide.
(b) Additional prohibition on persons informed by BIS. BIS may
inform persons, either individually by specific notice or through
amendment to the EAR, that a license is required for a specific export,
reexport, or transfer (in-country), or for the export, reexport, or
transfer (in-country) of specified items to a certain end-user, because
there is an unacceptable risk of use in or diversion to the activities
specified in paragraph (a) of this section, anywhere in the world.
Specific notice is to be given only by, or at the direction of, the
Deputy Assistant Secretary for Export Administration. When such notice
is provided orally, it will be followed by a written notice within two
working days signed by the Deputy Assistant Secretary for Export
Administration. However, the absence of any such notification does not
excuse persons from compliance with the license requirements of
paragraph (a) of this section.
* * * * *
(d) License review standards. (1) Applications to export, reexport,
or transfer (in-country) items subject to this section will be
considered on a case-by-case basis to determine whether the export,
reexport, or transfer would make a material contribution to the design,
development, production, stockpiling, or use of chemical or biological
weapons. When an export, reexport, or transfer is deemed to make such a
contribution, the license will be denied.
(2) The following factors are among those that will be considered
to determine what action should be taken on an application required
under this section:
(i) The specific nature of the end-use;
(ii) The significance of the export, reexport, or transfer in terms
of its contribution to the design, development, production,
stockpiling, or use of chemical or biological weapons;
(iii) The nonproliferation credentials of the importing country or
the country in which the transfer would take place;
(iv) The types of assurances or guarantees against the design,
development, production, stockpiling, or use of chemical or biological
weapons that are given in a particular case; and
(v) The existence of a pre-existing contract. See Supplement No. 1
to Part 742 of the EAR for relevant contract sanctity dates.
0
5. Section 744.6 is amended by revising paragraphs (a)(1)(i)(C) and
(a)(2)(ii) to read as follows:
Sec. 744.6 Restrictions on certain activities of U.S. persons.
(a) * * *
(1) * * *
(i) * * *
(C) Will be used in the design, development, production,
stockpiling, or use of chemical or biological weapons in or by any
country or destination, worldwide.
* * * * *
(2) * * *
(ii) Perform any contract, service, or employment that the U.S.
person knows will directly assist in the design, development,
production, stockpiling, or use of chemical or biological weapons in or
by any country or destination, worldwide.
* * * * *
PART 774--[AMENDED]
0
6. The authority citation for 15 CFR Part 774 continues 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); 18 U.S.C. 2510 et seq.; 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; 46 U.S.C.
app. 466c; 50 U.S.C. app. 5; Sec. 901-911, Pub. L. 106-387; Sec.
221, Pub. L. 107-56; 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, 68 FR 48763 (August 10, 2004).
Supplement No. 1 to Part 774 [Amended]
0
7. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--``Materials, Chemicals, `Microorganisms' & `Toxins,' ''
ECCN 1A004 is amended by revising the License Requirements section of
the ECCN to read as follows:
1A004 Protective and detection equipment and components not
specially designed for military use as follows (see List of Items
Controlled).
License Requirements
Reason for Control: NS, CB, AT
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
NS applies to entire entry.............. NS Column 2.
CB applies to chemical detection systems CB Column 2.
and dedicated detectors therefor, in
1A004.c, that also have the technical
characteristics described in 2B351.a.
AT applies to entire entry.............. AT Column 1.
------------------------------------------------------------------------
[[Page 19692]]
* * * * *
0
8. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--``Materials, Chemicals, `Microorganisms' & `Toxins,' ''
ECCN 1E001 is amended by revising the ECCN heading and the License
Requirements section of the ECCN to read as follows:
1E001 ``Technology'' according to the General Technology Note for
the ``development'' or ``production'' of items controlled by
1A001.b, 1A001.c, 1A002, 1A003, 1A004, 1A005, 1A101, 1B, or 1C
(except 1C355, 1C980 to 1C984, 1C988, 1C990, 1C991, 1C992, and
1C995).
License Requirements
Reason for Control: NS, MT, NP, CB, AT
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
NS applies to ``technology'' for items NS Column 1.
controlled by 1A001.b and .c, 1A002,
1A003, 1A005, 1B001 to 1B003, 1B018,
1C001 to 1C011, or 1C018.
NS applies to ``technology'' for items NS Column 2.
controlled by 1A004.
MT applies to ``technology'' for items MT Column 1.
controlled by 1A101, 1B001, 1B101,
1B102, 1B115, to 1B119, 1C001, 1C007,
1C011, 1C101, 1C102, 1C107, 1C111,
1C116, 1C117, or 1C118 for MT reasons.
NP applies to ``technology'' for items NP Column 1.
controlled by 1A002, 1B001, 1B101,
1B201, 1B225 to 1B233, 1C002, 1C010,
1C116, 1C202, 1C210, 1C216, 1C225 to
1C240 for NP reasons.
CB applies to ``technology'' for CB Column 1.
controlled by 1C351, 1C353, or 1C354.
CB applies to ``technology'' for CB Column 2.
materials controlled by 1C350, and for
chemical detection systems and
dedicated detectors therefor, in
1A004.c, that also have the technical
characteristics described in 2B351.a.
AT applies to entire entry.............. AT Column 1.
------------------------------------------------------------------------
License Requirements Note: See Sec. 743.1 of the EAR for
reporting requirements for exports under License Exceptions.
* * * * *
0
9. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing, ECCN 2A226 is amended by revising the
License Requirements section to read as follows:
2A226 Valves having all of the following characteristics (see List
of Items Controlled).
License Requirements
Reason for Control: NP, CB, AT
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
NP applies to entire entry.............. NP Column 1.
CB applies to valves that also meet or CB Column 2.
exceed the technical parameters in
2B350.g.
AT applies to entire entry.............. AT Column 1.
------------------------------------------------------------------------
* * * * *
0
10. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing, ECCN 2A292 is amended by revising the
License Requirements section to read as follows:
2A292 Piping, fittings and valves made of, or lined with, stainless
steel, copper-nickel alloy or other alloy steel containing 10% or
more nickel and/or chromium.
License Requirements
Reason for Control: NP, CB, AT
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
NP applies to entire entry.............. NP Column 2.
CB applies to valves that meet or exceed CB Column 2.
the technical parameters described in
2B350.g.
AT applies to entire entry.............. AT Column 1.
------------------------------------------------------------------------
* * * * *
0
11. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing, ECCN 2B350 is amended by revising the
License Requirements section to read as follows:
2B350 Chemical manufacturing facilities and equipment, except valves
controlled by 2A226 or 2A292, as follows (see List of Items
Controlled).
License Requirements
Reason for Control: CB, AT
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
CB applies to entire entry.............. CB Column 2.
AT applies to entire entry.............. AT Column 1.
------------------------------------------------------------------------
* * * * *
0
12. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing, ECCN 2B351 is amended by revising the
License Requirements section to read as follows:
2B351 Toxic gas monitoring systems that operate on-line and
dedicated detectors therefor, except those systems and detectors
controlled by ECCN 1A004.c.
License Requirements
Reason for Control: CB, AT
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
CB applies to entire entry.............. CB Column 2.
AT applies to entire entry.............. AT Column 1.
------------------------------------------------------------------------
[[Page 19693]]
* * * * *
0
13. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing, ECCN 2B352 is amended by revising the
License Requirements section to read as follows:
2B352 Equipment capable of use in handling biological materials, as
follows (see List of Items Controlled).
License Requirements
Reason for Control: CB, AT
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
CB applies to entire entry.............. CB Column 2.
AT applies to entire entry.............. AT Column 1.
------------------------------------------------------------------------
* * * * *
0
14. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing, ECCN 2E001 is amended by revising the
License Requirements section to read as follows:
2E001 ``Technology'' according to the General Technology Note for
the ``development'' of equipment or ``software'' controlled by 2A
(except 2A983, 2A991, or 2A994), 2B (except 2B991, 2B993, 2B996,
2B997, or 2B998), or 2D (except 2D983, 2D991, 2D992, or 2D994).
License Requirements
Reason for Control: NS, MT, NP, CB, AT
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
NS applies to ``technology'' for items NS Column 1
controlled by 2A001, 2B001 to 2B009,
2D001 or 2D002.
MT applies to ``technology'' for items MT Column 1
controlled by 2B004, 2B009, 2B018,
2B104, 2B105, 2B109, 2B116, 2B117,
2B119 to 2B122, 2D001, or 2D101 for MT
reasons.
NP applies to ``technology'' for items NP Column 1
controlled by 2A225, 2A226, 2B001,
2B004, 2B006, 2B007, 2B009, 2B104,
2B109, 2B116, 2B201, 2B204, 2B206,
2B207, 2B209, 2B225 to 2B232, 2D001,
2D002, 2D101, 2D201 or 2D202 for NP
reasons.
NP applies to ``technology'' for items NP Column 2
controlled by 2A290 to 2A293, 2B290, or
2D290 for NP reasons.
CB applies to ``technology'' for CB Column 2
equipment controlled by 2B350 to 2B352
and for valves controlled by 2A226 or
2A292 having the characteristics of
those controlled by 2B350.g.
AT applies to entire entry.............. AT Column 1
------------------------------------------------------------------------
License Requirement Notes: See Sec. 743.1 of the EAR for
reporting requirements for exports under License Exceptions.
* * * * *
0
15. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing, ECCN 2E002 is amended by revising the
License Requirements section to read as follows:
2E002 ``Technology'' according to the General Technology Note for
the ``production'' of equipment controlled by 2A (except 2A983,
2A991, or 2A994), or 2B (except 2B991, 2B993, 2B996, 2B997, or
2B998).
License Requirements
Reason for Control: NS, MT, NP, CB, AT
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
NS applies to ``technology'' for NS Column 1.
equipment controlled by 2A001, 2B001 to
2B009.
MT applies to ``technology'' for MT Column 1.
equipment controlled by 2B004, 2B009,
2B018, 2B104, 2B105, 2B109, 2B116,
2B117, or 2B119 to 2B122 for MT reasons.
NP applies to ``technology'' for NP Column 1.
equipment controlled by 2A225, 2A226,
2B001, 2B004, 2B006, 2B007, 2B009,
2B104, 2B109, 2B116, 2B201, 2B204,
2B206, 2B207, 2B209, 2B225 to 2B232 for
NP reasons.
NP applies to ``technology'' for NP Column 2.
equipment controlled by 2A290 to 2A293,
2B290 for NP reasons.
CB applies to ``technology'' for CB Column 2.
equipment controlled by 2B350 to 2B352
and for valves controlled by 2A226 or
2A292 having the characteristics of
those controlled by 2B350.g.
AT applies to entire entry.............. AT Column 1.
------------------------------------------------------------------------
License Requirement Notes: See Sec. 743.1 of the EAR for
reporting requirements for exports under License Exceptions.
* * * * *
0
16. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing, ECCN 2E201 is amended by revising the
License Requirements section to read as follows:
2E201 ``Technology'' according to the General Technology Note for
the ``use'' of equipment or ``software'' controlled by 2A225, 2A226,
2B001, 2B006, 2B007.b, 2B007.c, 2B008, 2B201, 2B204, 2B206, 2B207,
2B209, 2B225 to 2B232, 2D002, 2D201 or 2D202.
License Requirements
Reason for Control: NP, CB, AT
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
NP applies to entire entry, except 2B008 NP Column 1.
CB applies to ``technology'' for valves CB Column 2.
controlled by 2A226 that meet or exceed
the technical parameters in 2B350.g.
AT applies to entire entry.............. AT Column 1.
------------------------------------------------------------------------
* * * * *
0
17. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing, ECCN 2E290 is amended by revising the
License Requirements section to read as follows:
2E290 ``Technology'' according to the General Technology Note for
the ``use'' of equipment controlled by 2A290, 2A291, 2A292, 2A293,
or 2B290.
[[Page 19694]]
License Requirements
Reason for Control: NP, CB, AT
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
NP applies to entire entry.............. NP Column 2.
CB applies to ``technology'' for valves CB Column 2.
controlled by 2A292 that meet or exceed
the technical parameters in 2B350.g.
AT applies to entire entry.............. AT Column 1.
------------------------------------------------------------------------
* * * * *
0
18. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing, ECCN 2E301 is amended by revising the
heading of the ECCN and the License Requirements section to read as
follows:
2E301 ``Technology'' according to the ``General Technology Note''
for the ``use'' of items controlled by 2B350, 2B351 and 2B352.
License Requirements
Reason for Control: CB, AT
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
CB applies to entire entry.............. CB Column 2.
AT applies to entire entry.............. AT Column 1.
------------------------------------------------------------------------
* * * * *
Dated: April 11, 2005.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 05-7523 Filed 4-13-05; 8:45 am]
BILLING CODE 3510-33-P
