Revisions to the Import Certificate Requirements in the Export Administration Regulations, 72073-72074 [05-23533]
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Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Rules and Regulations
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 050812221–5221–01]
RIN 0694–AD50
Revisions to the Import Certificate
Requirements in the Export
Administration Regulations
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: The Bureau of Industry and
Security is removing the requirement to
obtain an Import Certificate in support
of an export or reexport license when
the ultimate consignee or purchaser is a
foreign government or agency of
Bulgaria, Czech Republic, Hungary,
Poland, Romania, Slovakia, and India.
The requirement is being removed for
Bulgaria, Czech Republic, Hungary,
Poland, Romania, and Slovakia because
of their membership in the North
Atlantic Treaty Organization (NATO)
and their commitment to export
controls, as is reflected by their
membership in multiple export control
regimes, such as the Wassenaar
Arrangement, the Australia Group, the
Missile Technology Control Regime, and
Nuclear Suppliers Group. This
requirement is being removed for India
because of the actions it has taken under
the U.S.-India Next Steps in Strategic
Partnership.
December 1, 2005.
Although this is a final rule,
comments are welcome and should be
addressed to Timothy Mooney, Office of
Exporter Services, Bureau of Industry
and Security, Department of Commerce,
P.O. Box 273, Washington, DC 20044, Emailed to: tmooney@bis.doc.gov, or
faxed to 202–482–3355.
Comments regarding the collections of
information associated with this rule,
including suggestions for reducing the
burden, should be sent to OMB Desk
Officer, New Executive Office Building,
Washington, DC 20503—Attention:
David Rostker; and to the Office of
Administration, Bureau of Industry and
Security, Department of Commerce,
14th and Pennsylvania Avenue, NW.,
Room 6883, Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT:
Eileen Albanese, Director, Office of
Exporter Services, Bureau of Industry
and Security, Telephone: (202) 482–
0436.
EFFECTIVE DATE:
ADDRESSES:
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
14:18 Nov 30, 2005
Jkt 208001
Background
The import certificate requirement
has its foundation in the Coordinating
Committee on Multilateral Export
Controls (COCOM). COCOM is a former
multilateral organization that
cooperated in restricting strategic
exports (conventional weapons and dual
use items that are controlled for national
security reasons on the Commerce
Control List) to Eastern Bloc
(communist-governed countries) during
the Cold War era. Although COCOM
was officially disbanded on March 31,
1994, the import certificate remains in
use by the United States and many other
countries.
U.S. exporters are required by
§§ 748.9 and 748.10 of the Export
Administration Regulations (EAR) to
obtain and retain Import Certificates for
the export of items controlled for
national security (NS) reasons on the
Commerce Control List, when a license
is required. This import certificate
requirement applies to licensed exports
to 29 Wassenaar Arrangement members
and 7 additional countries (India, China,
Hong Kong, Liechtenstein, Pakistan,
Singapore and Taiwan). An Import
Certificate is a certification by the
issuing government that the importer
has undertaken to import the items
stated on the import certificate, that the
items will not be diverted or reexported
without notification or authorization of
the importing government, and,
depending on the country, the importer
will notify or seek authorization from
the importing government if any of the
facts of the import certificate change.
For some countries, the importer also
certifies that he or she will provide, if
asked, verification that possession of the
item was taken. In general, there is an
exemption from obtaining an Import
Certificate when the ultimate consignee
or purchaser is a government agency.
However, prior to publication of this
rule, certain countries were excluded
from this exemption (see § 748.9(a)(2)).
This rule eliminates the requirement
for Import Certificates set forth in
section 748.9(a)(2) when the ultimate
consignee or purchaser is a government
entity in Bulgaria, the Czech Republic,
Hungary, Poland, Romania, and
Slovakia. These countries are members
of North Atlantic Treaty Organization
(NATO), and have taken steps to
implement effective national security
export control regimes, as demonstrated
by their membership in the Wassenaar
Arrangement.
In addition, in 2004, the United States
committed to reviewing the Import
Certificate requirement for India, as a
part of the U.S.-India High Technology
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
72073
Group (HTCG) discussions. The HTCG
was formed in 2002 to identify barriers
to legitimate high technology trade. In
the course of these discussions, the
Import Certificate requirement was
identified as a non-tariff barrier to
expanded trade. In light of the actions
taken by the Government of India with
regard to controlled goods or
technologies it imports from the United
States pursuant to the U.S.-India Next
Steps in Strategic Partnership, this rule
removes the Import Certificate
requirement for exports to Indian
Government entities under section
748.9(a)(2).
Although the Export Administration
Act expired on August 20, 2001, the
President, through Executive Order
13222 of August 17, 2001, 3 CFR, 2001
Comp., p. 783 (2002), as extended by the
Notice of August 2, 2005, 70 FR 45273
(August 5, 2005), has continued the
Export Administration Regulations in
effect under the International
Emergency Economic Powers Act.
Rulemaking Requirements
1. This final rule has been determined
to be not significant for purposes of E.O.
12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to, nor shall any person be
subject to a penalty for failure to comply
with a collection of information, subject
to the requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This rule
involves a collection of information
subject to the PRA. This collection has
been approved by OMB under control
number 0694–0093, Import Certificates,
End-User Certificates, and Delivery
Verification Procedures,’’ which carries
a burden hour estimate of 15 to 30
minutes per response. This rule is
anticipated to have a slight decrease on
the number of licenses that require
Import Certificates and not to alter the
range of total burden hours associated
with this control number. Send
comments regarding these burden
estimates or any other aspect of these
collections of information, including
suggestions for reducing the burden, to
OMB Desk Officer, New Executive
Office Building, Washington, DC 20503;
and to the Office of Administration,
Bureau of Industry and Security,
Department of Commerce, 14th and
Pennsylvania Avenue, NW., Room 6883,
Washington, DC 20230.
3. This rule does not contain policies
with Federalism implications as that
term is defined under E.O. 13132.
E:\FR\FM\01DER1.SGM
01DER1
72074
Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Rules and Regulations
4. The provisions of the
Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed
rulemaking, the opportunity for public
participation, and a delay in effective
date, are inapplicable because this
regulation involves a military and
foreign affairs function of the United
States (5 U.S.C. 553(a)(1)). Further, no
other law requires that a notice of
proposed rulemaking and an
opportunity for public comment be
given for this final rule. Because a
notice of proposed rulemaking and an
opportunity for public comment are not
required to be given for this rule under
the Administrative Procedure Act 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. Comments should be submitted to
Timothy Mooney, Office of Exporter
Services, Bureau of Industry and
Security, Department of Commerce, P.O.
Box 273, Washington, DC 20044.
List of Subjects in 15 CFR Part 748
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
PART 748—[AMENDED]
1. The authority citation for 15 CFR
part 748 continues to read as follows:
I
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767,
3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 2, 2005, 70 FR 45273 (August 5,
2005).
2. Section 748.9 is amended by
revising paragraph (a)(2) to read as
follows:
I
§ 748.9 Support Documents for License
Applications.
(a) * * *
(2) The ultimate consignee or
purchaser is a foreign government(s) or
foreign government agency(ies), other
than the government of the People’s
Republic of China. To determine
whether the parties to your transaction
meet the definition of ‘‘government
agency’’ refer to the definition contained
in part 772 of the EAR. Remember, if
either the ultimate consignee or
purchaser is not a foreign government or
foreign government agency, a statement
14:18 Nov 30, 2005
Jkt 208001
Barr Harbor Dr., West Conshohocken,
Philadelphia, PA 19428–2959’’
wherever it appears.
Dated: November 28, 2005.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 05–23533 Filed 11–30–05; 8:45 am]
Dated: November 23, 2005.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 05–23521 Filed 11–30–05; 8:45 am]
BILLING CODE 4160–01–S
BILLING CODE 3510–33–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
PENSION BENEFIT GUARANTY
CORPORATION
29 CFR Parts 4011 and 4022
21 CFR Chapter I
Disclosure to Participants; Benefits
Payable in Terminated SingleEmployer Plans
Change of Address; Technical
Amendment
AGENCY:
AGENCY:
Food and Drug Administration,
HHS.
Final rule; technical
amendment.
ACTION:
SUMMARY: The Food and Drug
Administration (FDA) is amending its
regulations to reflect a change in the
address for the American Society for
Testing Materials (ASTM). This action is
editorial in nature and is intended to
improve the accuracy of the agency’s
regulations.
DATES:
Accordingly, part 748 of the Export
Administration Regulations (15 CFR
parts 730–799) are amended as follows:
I
VerDate Aug<31>2005
is required from the nongovernmental
party.
*
*
*
*
*
This rule is effective December 1,
2005.
FOR FURTHER INFORMATION CONTACT:
Joyce Strong, Office of Policy and
Planning (HF–27), Food and Drug
Administration, 5600 Fishers Lane,
Rockville, MD 20857, 301–827–7010.
SUPPLEMENTARY INFORMATION: This
document amends FDA’s regulations to
reflect the address change of ASTM by
removing the outdated address
wherever it appears and by adding the
new address in its place in 21 CFR parts
172, 175, 176, 177, 178, and 179.
Publication of this document
constitutes final action on these changes
under the Administrative Procedure Act
(5 U.S.C. 553). Notice and public
procedure are unnecessary because FDA
is merely correcting nonsubstantive
errors.
I Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR chapter I is
amended as follows:
Chapter I [Nomenclature changes]
1. Parts 172, 175, 176, 177, 178, and
179 are amended by removing ‘‘1916
Race St., Philadelphia, PA 19103’’ or
‘‘1916 Race Street, Philadelphia, PA
19103’’ and adding in its place ‘‘100
I
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
Pension Benefit Guaranty
Corporation.
ACTION: Final rule.
SUMMARY: This rule amends Appendix D
to the Pension Benefit Guaranty
Corporation’s regulation on Benefits
Payable in Terminated Single-Employer
Plans by adding the maximum
guaranteeable pension benefit that may
be paid by the PBGC with respect to a
plan participant in a single-employer
pension plan that terminates in 2006.
This rule also amends the PBGC’s
regulation on Disclosure to Participants
by adding information on 2006
maximum guaranteed benefit amounts
to Appendix B. The amendment is
necessary because the maximum
guarantee amount changes each year,
based on changes in the contribution
and benefit base under section 230 of
the Social Security Act. The effect of the
amendment is to advise plan
participants and beneficiaries of the
increased maximum guarantee amount
for 2006.
EFFECTIVE DATE: January 1, 2006.
FOR FURTHER INFORMATION CONTACT:
Catherine B. Klion, Attorney, Legislative
and Regulatory Department, Pension
Benefit Guaranty Corporation, 1200 K
Street, NW., Washington, DC 20005–
4026; 202–326–4024. (TTY/TDD users
may call the Federal relay service tollfree at 1–800–877–8339 and ask to be
connected to 202–326–4024.)
SUPPLEMENTARY INFORMATION: Section
4022(b) of the Employee Retirement
Income Security Act of 1974 provides
for certain limitations on benefits
guaranteed by the PBGC in terminating
single-employer pension plans covered
under Title IV of ERISA. One of the
limitations, set forth in section
4022(b)(3)(B), is a dollar ceiling on the
amount of the monthly benefit that may
be paid to a plan participant (in the
form of a life annuity beginning at age
E:\FR\FM\01DER1.SGM
01DER1
]]>Agencies
[Federal Register Volume 70, Number 230 (Thursday, December 1, 2005)]
[Rules and Regulations]
[Pages 72073-72074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23533]
[[Page 72073]]
=======================================================================
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 050812221-5221-01]
RIN 0694-AD50
Revisions to the Import Certificate Requirements in the Export
Administration Regulations
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security is removing the
requirement to obtain an Import Certificate in support of an export or
reexport license when the ultimate consignee or purchaser is a foreign
government or agency of Bulgaria, Czech Republic, Hungary, Poland,
Romania, Slovakia, and India. The requirement is being removed for
Bulgaria, Czech Republic, Hungary, Poland, Romania, and Slovakia
because of their membership in the North Atlantic Treaty Organization
(NATO) and their commitment to export controls, as is reflected by
their membership in multiple export control regimes, such as the
Wassenaar Arrangement, the Australia Group, the Missile Technology
Control Regime, and Nuclear Suppliers Group. This requirement is being
removed for India because of the actions it has taken under the U.S.-
India Next Steps in Strategic Partnership.
EFFECTIVE DATE: December 1, 2005.
ADDRESSES: Although this is a final rule, comments are welcome and
should be addressed to Timothy Mooney, Office of Exporter Services,
Bureau of Industry and Security, Department of Commerce, P.O. Box 273,
Washington, DC 20044, E-mailed to: tmooney@bis.doc.gov, or faxed to
202-482-3355.
Comments regarding the collections of information associated with
this rule, including suggestions for reducing the burden, should be
sent to OMB Desk Officer, New Executive Office Building, Washington, DC
20503--Attention: David Rostker; and to the Office of Administration,
Bureau of Industry and Security, Department of Commerce, 14th and
Pennsylvania Avenue, NW., Room 6883, Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Eileen Albanese, Director, Office of
Exporter Services, Bureau of Industry and Security, Telephone: (202)
482-0436.
SUPPLEMENTARY INFORMATION:
Background
The import certificate requirement has its foundation in the
Coordinating Committee on Multilateral Export Controls (COCOM). COCOM
is a former multilateral organization that cooperated in restricting
strategic exports (conventional weapons and dual use items that are
controlled for national security reasons on the Commerce Control List)
to Eastern Bloc (communist-governed countries) during the Cold War era.
Although COCOM was officially disbanded on March 31, 1994, the import
certificate remains in use by the United States and many other
countries.
U.S. exporters are required by Sec. Sec. 748.9 and 748.10 of the
Export Administration Regulations (EAR) to obtain and retain Import
Certificates for the export of items controlled for national security
(NS) reasons on the Commerce Control List, when a license is required.
This import certificate requirement applies to licensed exports to 29
Wassenaar Arrangement members and 7 additional countries (India, China,
Hong Kong, Liechtenstein, Pakistan, Singapore and Taiwan). An Import
Certificate is a certification by the issuing government that the
importer has undertaken to import the items stated on the import
certificate, that the items will not be diverted or reexported without
notification or authorization of the importing government, and,
depending on the country, the importer will notify or seek
authorization from the importing government if any of the facts of the
import certificate change. For some countries, the importer also
certifies that he or she will provide, if asked, verification that
possession of the item was taken. In general, there is an exemption
from obtaining an Import Certificate when the ultimate consignee or
purchaser is a government agency. However, prior to publication of this
rule, certain countries were excluded from this exemption (see Sec.
748.9(a)(2)).
This rule eliminates the requirement for Import Certificates set
forth in section 748.9(a)(2) when the ultimate consignee or purchaser
is a government entity in Bulgaria, the Czech Republic, Hungary,
Poland, Romania, and Slovakia. These countries are members of North
Atlantic Treaty Organization (NATO), and have taken steps to implement
effective national security export control regimes, as demonstrated by
their membership in the Wassenaar Arrangement.
In addition, in 2004, the United States committed to reviewing the
Import Certificate requirement for India, as a part of the U.S.-India
High Technology Group (HTCG) discussions. The HTCG was formed in 2002
to identify barriers to legitimate high technology trade. In the course
of these discussions, the Import Certificate requirement was identified
as a non-tariff barrier to expanded trade. In light of the actions
taken by the Government of India with regard to controlled goods or
technologies it imports from the United States pursuant to the U.S.-
India Next Steps in Strategic Partnership, this rule removes the Import
Certificate requirement for exports to Indian Government entities under
section 748.9(a)(2).
Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of August 2, 2005,
70 FR 45273 (August 5, 2005), has continued the Export Administration
Regulations in effect under the International Emergency Economic Powers
Act.
Rulemaking Requirements
1. This final rule has been determined to be not significant for
purposes of E.O. 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection of information, subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
involves a collection of information subject to the PRA. This
collection has been approved by OMB under control number 0694-0093,
Import Certificates, End-User Certificates, and Delivery Verification
Procedures,'' which carries a burden hour estimate of 15 to 30 minutes
per response. This rule is anticipated to have a slight decrease on the
number of licenses that require Import Certificates and not to alter
the range of total burden hours associated with this control number.
Send comments regarding these burden estimates or any other aspect of
these collections of information, including suggestions for reducing
the burden, to OMB Desk Officer, New Executive Office Building,
Washington, DC 20503; and to the Office of Administration, Bureau of
Industry and Security, Department of Commerce, 14th and Pennsylvania
Avenue, NW., Room 6883, Washington, DC 20230.
3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
[[Page 72074]]
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). Further, no other
law requires that a notice of proposed rulemaking and an opportunity
for public comment be given for this final rule. Because a notice of
proposed rulemaking and an opportunity for public comment are not
required to be given for this rule under the Administrative Procedure
Act 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. Comments should be submitted to Timothy Mooney,
Office of Exporter Services, Bureau of Industry and Security,
Department of Commerce, P.O. Box 273, Washington, DC 20044.
List of Subjects in 15 CFR Part 748
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
0
Accordingly, part 748 of the Export Administration Regulations (15 CFR
parts 730-799) are amended as follows:
PART 748--[AMENDED]
0
1. The authority citation for 15 CFR part 748 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 2, 2005, 70 FR
45273 (August 5, 2005).
0
2. Section 748.9 is amended by revising paragraph (a)(2) to read as
follows:
Sec. 748.9 Support Documents for License Applications.
(a) * * *
(2) The ultimate consignee or purchaser is a foreign government(s)
or foreign government agency(ies), other than the government of the
People's Republic of China. To determine whether the parties to your
transaction meet the definition of ``government agency'' refer to the
definition contained in part 772 of the EAR. Remember, if either the
ultimate consignee or purchaser is not a foreign government or foreign
government agency, a statement is required from the nongovernmental
party.
* * * * *
Dated: November 28, 2005.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 05-23533 Filed 11-30-05; 8:45 am]
BILLING CODE 3510-33-P
