Revisions and Clarifications of License Exception Availability, License Requirements and Licensing Policy for Certain Crime Control Items, 9847-9849 [E7-3895]

Agencies

• DEPARTMENT OF COMMERCE
• Bureau of Industry and Security
• Industry and Security Bureau

[Federal Register Volume 72, Number 43 (Tuesday, March 6, 2007)]
[Rules and Regulations]
[Pages 9847-9849]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3895]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740, 742, and 774

[Docket No. 060117010-6010-01]
RIN 0694-AD47


Revisions and Clarifications of License Exception Availability, 
License Requirements and Licensing Policy for Certain Crime Control 
Items

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This rule removes the geographic restrictions on use of a 
license exception used to ship items to U.S. government agencies, 
applies those geographic restrictions on use of license exceptions to 
crime control software and technology, reclassifies thumbcuffs on the 
Commerce Control List, and restates and emphasizes BIS's policy of 
distinguishing crime control items from specially designed implements 
of torture for export control purposes.

DATES: This rule is effective March 6, 2007.

ADDRESSES: Comments may be submitted by e-mail to 
publiccomments@bis.doc.gov; by fax to (202) 482-3355; or on paper to 
Regulatory Policy Division, Office of Exporter Services, Bureau of 
Industry

[[Page 9848]]

and Security, Room H2705, U.S. Department of Commerce, 14th Street and 
Pennsylvania Avenue, NW., Washington, DC 20230. Refer to Regulatory 
Identification Number (RIN) 0694-AD47 in all comments. Comments on the 
information collection should also be sent to David Rostker, Office of 
Management and Budget Desk Officer; by e-mail to david_
rostker@omb.eop.gov; or by fax to (202) 395-7285. Refer to Regulatory 
Identification Number (RIN) 0694-AD47 in all comments.

FOR FURTHER INFORMATION CONTACT: Steven B. Clagett, Director, Nuclear 
and Missile Technology Controls Division, Office of Nonproliferation 
and Treaty Compliance (202) 482-4188.

SUPPLEMENTARY INFORMATION:

Background

    The Export Administration Regulations (EAR) impose license 
requirements on certain items because of their potential use in crime 
control activities. These license requirements are maintained to 
support U.S. foreign policy to promote human rights. This rule revises 
the EAR to make certain shipments of crime control items consigned to 
and for the use of U.S. government agencies eligible for a license 
exception. It also clarifies and strengthens limits on use of License 
Exceptions for crime control items generally and clearly delineates 
between our export control policies regarding legitimate crime control 
items (a policy of reviewing license applications based on the human 
rights record in the destination country with some exceptions to the 
license requirements available in appropriate circumstances) and our 
policies regarding specially designed implements of torture (a general 
policy of denial of license applications and no license exceptions 
available). In addition to these changes, BIS is continuing to review 
the list of items restricted for crime control reasons to ensure that 
such controls keep pace with the technologies currently used by law 
enforcement. The specific changes made by this rule are described more 
fully below.

Specific Changes Made by This Rule

Clarification of the Application of the Restrictions in Sec.  
740.2(a)(4) to Software and Technology

    This rule replaces the word ``commodities'' in paragraph (a)(4) of 
Sec.  740.2 with the word ``items'' to make clear that the restrictions 
of paragraph (a)(4) on the use of License Exceptions to export or 
reexport crime control items apply to software and technology, as well 
as commodities.

Exemption of Exports and Reexports to and for the Official Use of the 
United States Government From the Restrictions of Sec.  740.2(a)(4)

    This rule revises paragraph (a)(4) of Sec.  740.2 to permit the use 
of License Exception GOV for the export of items subject to Sec.  742.7 
of the EAR if consigned to and for the official use of any U.S. 
government agency, worldwide. Although this change applies to any U.S. 
Government agency, BIS is making it at this time because of the need to 
supply U.S. armed forces in locations that, prior to publication of 
this rule, would be subject to the geographic restriction on use of 
License Exceptions for crime control items. This rule does not expand 
the scope of eligible recipients under License Exception GOV. In 
particular, this rule does not make shipments consigned to contractors 
employed by the U.S. government eligible for License Exception GOV. 
This rule also reformats paragraph (a)(4) while retaining its pre-
existing exemptions for shipments to NATO countries, Australia, New 
Zealand and Japan as well as certain shipments of shotguns for personal 
use.

Clarification of Policy Regarding Specially Designed Implements of 
Torture

    This rule creates a new paragraph (a)(10) in Sec.  740.2. The new 
paragraph (a)(10) expressly prohibits the use of License Exceptions for 
all commodities subject to the license requirements of Sec.  742.11 of 
the EAR (specially designed implements of torture and some related 
commodities).

Clarification of the Applicability of Sec.  742.11 to All Commodities 
in ECCN 0A983

    This rule revises the heading and paragraph (a) of Sec.  742.11 of 
the EAR to make clear that the license requirements and licensing 
policy of that section apply to all commodities that are controlled by 
Export Control Classification Number (ECCN) 0A983. Such was BIS's 
interpretation prior to publication of this rule and BIS does not view 
this as a substantive change. However, prior to publication of this 
rule, ECCN 0A983 referred to ``specially designed implements of torture 
and thumbscrews; and parts and accessories, n.e.s.,'' whereas Sec.  
742.11 referred to ``specially designed implements of torture 
controlled by ECCN 0A983.'' This rule makes the wording of the headings 
of Sec.  742.11 and ECCN 0A983 identical and revises the license 
requirements section of Sec.  742.11 to refer to ``any commodity 
controlled by ECCN 0A983.''

Placement of Thumbcuffs in ECCN 0A983 To Reflect Licensing Policy

    This rule removes thumbcuffs from ECCN 0A982 and adds them to ECCN 
0A983. BIS's licensing policy is generally to deny applications to 
export or reexport thumbcuffs. Controlling them under ECCN 0A983, for 
which Sec.  742.11 of the EAR provides a general policy of denial, more 
accurately states BIS's licensing policy than does controlling them 
under ECCN 0A982, for which Sec.  742.7 provides for favorable case-by-
case consideration ``unless there is civil disorder in the country or 
region or unless there is evidence that the government of the importing 
country may have violated internationally recognized human rights.'' In 
addition, this change will make thumbcuffs ineligible for any License 
Exception under any circumstances. This rule also adds a ``related 
controls'' note to ECCN 0A982 to guide readers to ECCN 0A983 for 
controls on thumbcuffs.
    Although the Export Administration Act of 1979 (EAA), as amended, 
expired on August 20, 2001, Executive Order 13222 of August 17, 2001 (3 
CFR, 2001 Comp., p. 783 (2002)) as extended by the Notice of August 3, 
2006, 71 FR 44551 (August 7, 2006), continues the EAR in effect under 
the International Emergency Economic Powers Act (IEEPA).

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 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 regulation involves 
collections previously approved by the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour 
estimate of 58 minutes to prepare and submit form BIS-748. 
Miscellaneous and recordkeeping activities account for 12 minutes per 
submission. BIS estimates that this rule will reduce the number of 
multi-purpose application forms that must be filed by about 100 per 
year.
    3. This rule does not contain policies with Federalism implications 
as that

[[Page 9849]]

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 or foreign affairs function 
of the United States (see 5 U.S.C. 553(a)(1)). Further, no other law 
requires that a notice of proposed rulemaking and an opportunity for 
public comment be given for this rule. Because a notice of proposed 
rulemaking and an opportunity for public comment are not required to be 
given for this rule by 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.

List of Subjects

15 CFR Part 740

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

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.


0
For the reasons set forth in the preamble, parts 740, 742 and 774 of 
the Export Administration Regulations (15 CFR 730-799) are amended as 
follows:

PART 740--[AMENDED]

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

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
Sec. 901-911, Pub. L. 106-387; E.O. 13026, 61 FR 58767, 3 CFR, 1996 
Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; 
Notice of August 3, 2006, 71 FR 44551 (August 7, 2006).


0
2. In Sec.  740.2, revise paragraph (a)(4) and add paragraph (a)(10) to 
read as follows:


Sec.  740.2  Restrictions on all License exceptions.

    (a) * * *
    (4) The item being exported or reexported is subject to the license 
requirements described in Sec.  742.7 of the EAR and the export or 
reexport is not:
    (i) Being made to Australia, Japan, New Zealand, or a NATO (North 
Atlantic Treaty Organization) member state (see NATO membership listing 
in Sec.  772.1 of the EAR);
    (ii) Authorized by Sec.  740.11(b)(2)(ii) (official use by 
personnel and agencies of the U.S. government); or
    (iii) Authorized by Sec.  740.14(e) of the EAR (certain shotguns 
and shotgun shells for personal use).
* * * * *
    (10) The commodity being exported or reexported is subject to the 
license requirements of Sec.  742.11 of the EAR.
* * * * *

PART 742--[AMENDED]

0
3. The authority citation for part 742 is revised to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 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 3, 2006, 71 FR 44551 (August 7, 2006); 
Notice of October 27, 2006, 71 FR 64109 (October 31, 2006).


0
4. In Sec.  742.11, revise the heading and paragraph (a) to read as 
follows:


Sec.  742.11  Specially designed implements of torture, thumbscrews, 
and thumbcuffs; and parts and accessories, n.e.s.

    (a) License Requirements. In support of U.S. foreign policy to 
promote the observance of human rights throughout the world, a license 
is required to export any commodity controlled by ECCN 0A983 to all 
destinations including Canada.
* * * * *

PART 774--[AMENDED]

0
5. The authority citation for part 774 is revised to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 
U.S.C. 6212; 43 U.S.C. 1354; 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 3, 2006, 71 FR 44551 
(August 7, 2006).

Supplement No. 1 to Part 774--[Amended]

0
6. In Supplement No. 1 to Part 774, Category 0, Export Control 
Classification Number 0A982, revise the heading and the ``Related 
Controls'' paragraph in the ``List of Items Controlled'' section to 
read as follows:

0A982 Restraint devices, including leg irons, shackles, and handcuffs; 
straight jackets, plastic handcuffs; and parts and accessories, n.e.s.
* * * * *
List of Items Controlled
    Unit * * *
    Related Controls: Thumbcuffs are controlled under ECCN 0A983.
* * * * *

Supplement No. 1 to Part 774--[Amended]

0
7. In Supplement No. 1 to Part 774, Category 0, Export Control 
Classification Number 0A983, revise the heading to read as follows:

0A983 Specially designed implements of torture, thumbscrews, and 
thumbcuffs; and parts and accessories, n.e.s.
* * * * *

    Dated: February 26, 2007.
Christopher A. Padilla,
Assistant Secretary for Export Administration.
[FR Doc. E7-3895 Filed 3-5-07; 8:45 am]
BILLING CODE 3510-33-P