Amendments to the Export Administration Regulations (EAR) Based Upon the Accession of Albania and Croatia to Formal Membership in the North Atlantic Treaty Organization (NATO), 68142-68146 [E9-30484]

Download as PDF cprice-sewell on DSKHWCL6B1PROD with RULES 68142 Federal Register / Vol. 74, No. 245 / Wednesday, December 23, 2009 / Rules and Regulations service referenced in the military export sale associated with the offset transaction, as well as the date the offset agreement was signed (month and year). (iii) Offset transaction category. Identify each category that describes the offset transaction as co-production, technology transfer, subcontracting, training, licensing of production, investment, purchasing, credit assistance or other (please describe). (iv) Offset transaction classification. Identify the six-digit NAICS code(s) associated with the offset transaction. Refer to U.S. Census Bureau’s U.S. NAICS Manual for a listing of applicable NAICS codes (https://www.census.gov/ epcd/www/naics.html). Paragraphs (c)(2)(iv)(A) through (c)(2)(iv)(E) of this section provide examples that illustrate how to select the appropriate NAICS code in the instances described therein. (A) Example 1. Company A completes an offset transaction by co-producing aircraft engines in country B. Aircraft engine manufacturing is classified in the NAICS as NAICS 336412, Aircraft Engine and Engine Parts Manufacturing. This offset transaction should be classified under NAICS 336412. (B) Example 2. Company B completes an offset transaction by licensing the production of automotive electrical switches in country C. Company B also assists in structuring a wholesale distribution network for these products. Automotive electrical switch manufacturing is classified in the NAICS as NAICS 335931, Current Carrying Wiring Device Manufacturing, and the wholesale distribution network is classified in the NAICS as NAICS 423120, Motor Vehicle Supplies and New Parts Merchant Wholesalers. This offset transaction should be classified under NAICS 335931 and NAICS 423120. (C) Example 3. Company C completes an offset transaction by transferring technology to establish a biotechnology research center in country D. Biotechnology research and development is classified in the NAICS as NAICS 541711, Research and Development in Biotechnology. This offset transaction should be classified under NAICS 541711. (D) Example 4. Company D completes an offset transaction by purchasing steel forgings from a steel mill in country E. Steel forgings are classified in the NAICS as NAICS 331111, Iron and Steel Mills. This offset transaction should be classified under NAICS 331111. (E) Example 5. Company E completes an offset transaction by providing training assistance services in country F to certain plant managers. Training assistance is classified in the NAICS as VerDate Nov<24>2008 13:48 Dec 22, 2009 Jkt 220001 NAICS 611430, Professional and Management Development Training. This offset transaction should be classified under NAICS 611430. (v) Offset transaction type. Identify the offset transaction as a direct offset transaction, an indirect offset transaction, or a combination of both. (vi) Name of offset performing entity. Identify, by name, the entity performing the offset transaction on behalf of the U.S. entity that entered into the offset agreement. (vii) Name of offset receiving entity. Identify the foreign entity receiving benefits from the offset transaction. (viii) Actual offset value. Provide the U.S. dollar value of the offset transaction without taking into account multipliers or intangible factors. Should the offset transaction involve more than one NAICS code, please list the U.S. dollar values associated with each NAICS code. (ix) Offset credit value. Provide the U.S. dollar value credits claimed by the offset performing entity, including any multipliers or intangible factors. (x) Offset transaction performance location. Name the country where each offset transaction was fulfilled, such as the purchasing country, the United States, or a third country. ■ 5. § 701.6 is added to read as follows: § 701.6 Violations, penalties, and remedies. (a) Willful violation of the Defense Production Act may result in punishment by fine or imprisonment, or both. The maximum penalty provided by the Defense Production Act is a $10,000 fine, or one year in prison, or both. (b) The Government may seek an injunction from a court of appropriate jurisdiction to prohibit the continuance of any violation of, or to enforce compliance with, the Defense Production Act and this regulation. Dated: December 18, 2009. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. E9–30488 Filed 12–22–09; 8:45 am] BILLING CODE 3510–JT–P PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 736, 738, 740, 742, 743, and 772 [Docket No. 0907241162–91276–01] RIN 0694–AE62 Amendments to the Export Administration Regulations (EAR) Based Upon the Accession of Albania and Croatia to Formal Membership in the North Atlantic Treaty Organization (NATO) 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 certain requirements in the Export Administration Regulations (EAR) that apply to Albania and Croatia. These changes are based upon the accession of Albania and Croatia to formal membership in the North Atlantic Treaty Organization (NATO) on April 1, 2009. Consistent with the EAR license requirements and licensing policies that apply to members of NATO, this final rule amends the EAR to remove certain crime control (CC), national security (NS), and regional stability (RS) license requirements for these two countries. A license continues to be required for exports and reexports to Albania or Croatia of items on the Commerce Control List (CCL) controlled for national security or regional stability reasons that are identified as requiring a license to destinations indicated under NS Column 1 (also NS Column 2, for Albania) or RS Column 1, respectively, on the Commerce Country Chart. Certain restraint devices, discharge type arms, and related technology described on the CCL continue to require a license for crime control reasons to Albania or Croatia. A license also continues to be required for specially designed implements of torture described on the CCL. Furthermore, this rule does not affect any license requirements that apply to these countries based on other reasons for control identified in the EAR. This final rule also removes the EAR prohibition that applied to certain in transit shipments through Albania, removes Albania from Country Group D, and adds Albania to Country Group B. Croatia has already been designated in the EAR as a Country Group B country. In addition, this rule amends the provisions of License Exception APR (Additional Permissive Reexports) that apply to reexports of certain thermal E:\FR\FM\23DER1.SGM 23DER1 Federal Register / Vol. 74, No. 245 / Wednesday, December 23, 2009 / Rules and Regulations cprice-sewell on DSKHWCL6B1PROD with RULES imaging cameras to include Albania and Croatia among the list of eligible destinations. Finally, this rule amends the definition of ‘‘NATO (North Atlantic Treaty Organization)’’ in the EAR to include Albania and Croatia. DATES: This rule is effective December 23, 2009. 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–AE62, by any of the following methods: • E-mail: publiccomments@bis.doc.gov. Include ‘‘RIN 0694–AE62’’ 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 Street & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230, Attn: RIN 0694–AE62. Send comments regarding this collection of information, including suggestions for reducing the burden, to Jasmeet Seehra, Office of Management and Budget (OMB), by e-mail to Jasmeet_K._Seehra@omb.eop.gov, or by fax to (202) 395–7285; and to the Regulatory Policy Division, Bureau of Industry and Security, Department of Commerce, 14th Street & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230. Comments on this collection of information should be submitted separately from comments on the final rule (i.e., RIN 0694–AE62)—all comments on the latter should be submitted by one of the four methods outlined above. FOR FURTHER INFORMATION CONTACT: John Varesi, Sensors and Aviation Division, Office of National Security and Technology Transfer Controls, Bureau of Industry and Security, Telephone: (202) 482–1114. SUPPLEMENTARY INFORMATION: Background This final rule amends certain requirements in the Export Administration Regulations (EAR) that apply to Albania and Croatia. These changes are based upon the accession of Albania and Croatia to formal membership in the North Atlantic Treaty Organization (NATO) on April 1, 2009. This rule amends the Commerce Country Chart (Supplement No. 1 to Part 738 of the EAR) by revising certain VerDate Nov<24>2008 13:48 Dec 22, 2009 Jkt 220001 license requirements that apply to Albania and Croatia to be consistent with those that apply to other members of NATO. Specifically, this rule removes certain crime control (CC), national security (NS) and regional stability (RS) license requirements for Albania and Croatia. As a result of the changes made by this rule, Albania and Croatia are no longer designated as RS Column 2 destinations on the Commerce Country Chart and Croatia is no longer designated as an NS Column 2 destination. However, a license continues to be required for exports and reexports to Albania or Croatia of items on the Commerce Control List (CCL) (Supplement No. 1 to Part 774 of the EAR) that are controlled for national security or regional stability reasons and are identified as requiring a license to destinations indicated under NS Column 1 (also NS Column 2, for Albania) or RS Column 1, respectively, on the Commerce Country Chart. A license also continues to be required for exports and reexports to Albania or Croatia of restraint devices, discharge type arms, and related technology that are controlled for crime control reasons under Export Control Classification Numbers (ECCNs) 0A982, 0A985, and 0E982, respectively, on the CCL. Specially designed implements of torture that are controlled under ECCN 0A983 also continue to require a license for export and reexport to Albania or Croatia. In addition, this rule does not affect license requirements that apply to Albania or Croatia based on other reasons for control identified in the EAR, such as chemical/biological (CB), missile technology (MT), nuclear proliferation (NP), and encryption items (EI). Consistent with the changes described above, this rule amends the national security (NS) license requirement provisions in Section 742.4(a) of the EAR by adding Croatia to the list of countries that are not subject to the NS Column 2 license requirements indicated in various Export Control Classification Numbers (ECCNs) on the CCL. In addition, this rule adds Albania and Croatia to the list of countries identified in Section 742.4(a) of the EAR that are not subject to the NS Column 2 license requirements that apply to certain ECCN 6A003.b.4.b cameras described therein. Although this rule does not remove all of the NS Column 2 license requirements for Albania, as it does for Croatia, the rule does make Albania eligible for the exemption that applies to certain ECCN 6A003.b.4.b cameras described in Section 742.4(a) of the EAR—this policy is consistent with PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 68143 the treatment that is provided for exports of such cameras to Cyprus, Malta, and South Africa, which also are subject to most NS Column 2 license requirements. Consistent with the changes in the regional stability (RS) license requirements for Albania and Croatia described above, this rule adds both countries to the list of countries identified in Section 742.6(a)(4)(ii) of the EAR as not subject to the RS Column 2 license requirements that apply to certain ECCN 6A003.b.4.b cameras described therein. This rule also amends the RS Column 1 license requirements described in Section 742.6(a) of the EAR by adding Albania and Croatia to the list of countries to which certain exports or reexports of cameras controlled under ECCN 6A003.b.4.b, as described in Section 742.6(a)(2)(ii) or (a)(2)(iv) of the EAR, may be authorized in accordance with the requirements of Section 742.6(a)(2)(iii) or (a)(2)(v), respectively. In addition, this rule adds Albania and Croatia to the list of countries in Section 742.6(a)(3) of the EAR whose governments are authorized to reexport without a license ‘‘military commodities’’ controlled under ECCN 0A919 as part of a military deployment. This rule also amends Section 743.3(b) of the EAR by adding Albania and Croatia to the list of countries that are subject to the reporting requirements described in this section, which apply to exports of ECCN 6A003.b.4.b thermal imaging cameras that have been authorized under the EAR without a validated license. Most of the amendments to Sections 740.16(b)(3), 742.4(a), 742.6(a), and 743.3(b) of the EAR that are described above involve provisions of the EAR that were affected by a final rule published by BIS on May 22, 2009 (74 FR 23941), which revised certain license requirements and license exception eligibility requirements for thermal imaging cameras controlled by ECCN 6A003.b.4.b on the CCL. This final rule does not affect the scope of these requirements, except insofar as they apply to exports of such cameras to Albania and Croatia. For additional information on the application of these requirements to Albania and Croatia, please refer to the BIS point of contact identified in the May 22, 2009, final rule. In addition to the national security and regional stability changes described above, this rule amends Section 736.2(b)(8)(ii) of the EAR (i.e., General Prohibition Eight) to remove ‘‘Albania’’ from the list of countries that are subject to the prohibition against certain in transit shipments. This prohibition E:\FR\FM\23DER1.SGM 23DER1 68144 Federal Register / Vol. 74, No. 245 / Wednesday, December 23, 2009 / Rules and Regulations applies to intransit shipments through specified countries of items that generally would require a license for export or reexport to such countries and that are not authorized under either a license or a license exception. This rule also amends Supplement No. 1 to Part 740 of the EAR (titled ‘‘Country Groups’’) by removing ‘‘Albania’’ from ‘‘Country Group D’’ and adding ‘‘Albania’’ to ‘‘Country Group B—Countries,’’ consistent with the treatment provided to other members of NATO. ‘‘Croatia’’ has already been designated in the EAR as a Country Group B country (see the interim rule titled, ‘‘Simplification of Export Administration Regulations,’’ published at 61 FR 12714, March 25, 1996; Country Group B, p. 12782). Whether or not a country has been designated by the EAR as a Country Group B country can affect its eligibility status with respect to certain license exceptions described in Part 740 of the EAR (e.g., License Exceptions LVS, GBS, and TSR). Consistent with the status of Albania and Croatia as members of NATO, this rule also amends the License Exception APR (Additional Permissive Reexports) provisions in Section 740.16(b)(3) of the EAR to add Albania and Croatia to the list of eligible destinations for certain thermal imaging cameras controlled under ECCN 6A003.b.4.b on the CCL. Finally, this rule amends Section 772.1 of the EAR to update the definition of ‘‘NATO (North Atlantic Treaty Organization)’’ by adding ‘‘Albania’’ and ‘‘Croatia.’’ 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 13, 2009, 74 FR 41325 (August 14, 2009), has continued the Export Administration Regulations in effect under the International Emergency Economic Powers Act. cprice-sewell on DSKHWCL6B1PROD with RULES 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 VerDate Nov<24>2008 13:48 Dec 22, 2009 Jkt 220001 et seq.) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. This rule contains collections of information subject to the requirements of the PRA. These collections have 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, and Control Number 0694– 0133, which carries a burden hour estimate of 60 hours annually for all reports submitted in accordance with Section 743.3 of the EAR. Send comments regarding these burden estimates or any other aspect of these collections of information, including suggestions for reducing the burden, to Jasmeet Seehra, Office of Management and Budget (OMB), and to the Regulatory Policy Division, Bureau of Industry and Security, Department of Commerce, as indicated in the ‘‘ADDRESSES’’ section of this rule. 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. 15 CFR Part 736 Exports. 15 CFR Part 738 Administrative practice and procedure, Exports, Foreign trade. Frm 00014 Fmt 4700 Administrative practice and procedure, Exports, Foreign trade, Reporting and recordkeeping requirements. 15 CFR Part 742 Exports, Foreign trade. 15 CFR Part 743 Administrative practice and procedure, Reporting and recordkeeping requirements. 15 CFR Part 772 Exports. Accordingly, parts 736, 738, 740, 742, 743, and 772 of the Export Administration Regulations (15 CFR Parts 730–774) are amended as follows: ■ PART 736—[AMENDED] 1. The authority citation for 15 CFR part 736 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. 2151 note; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp. p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, May 13, 2004; Notice of August 13, 2009, 74 FR 41325 (August 14, 2009); Notice of November 6, 2009, 74 FR 58187 (November 10, 2009). § 736.2 [Amended] 2. In Section 736.2(b)(8)(ii), remove the country, ‘‘Albania,’’. ■ PART 738—[AMENDED] 3. The authority citation for 15 CFR part 738 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); 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; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 13, 2009, 74 FR 41325 (August 14, 2009). 4. Supplement No. 1 to part 738 is amended in the entries for ‘‘Albania’’ and ‘‘Croatia,’’ by adding a reference to footnote number 2 in the entry for ‘‘Albania,’’ and by adding a reference to footnote number 3 in the entries for ‘‘Albania’’ and ‘‘Croatia’’ to read as follows: ■ List of Subjects PO 00000 15 CFR Part 740 Sfmt 4700 E:\FR\FM\23DER1.SGM 23DER1 68145 Federal Register / Vol. 74, No. 245 / Wednesday, December 23, 2009 / Rules and Regulations SUPPLEMENT NO. 1 TO PART 738—COMMERCE COUNTRY CHART [Reason for control] Chemical & biological weapons Countries CB CB Nuclear nonproliferation Missile Tech National Security Regional Stability Firearms convention Anti-terrorism Crime control CB NP 1 * Albania 2 3 ... 3 X * Croatia 3 ...... 2 X 3See NS NS MT RS RS FC CC CC CC AT AT 1 2 1 2 1 1 2 1 1 2 3 1 2 X X X X * * X * X ........ * * * * * * * * * * X * * * §742.4(a) for special provisions that apply to exports and reexports to these countries of certain thermal imaging cameras. §742.6(a)(3) for special provisions that apply to military commodities that are subject to ECCN OA919. FR 26459, May 16, 2003; Notice of August 13, 2009, 74 FR 41325 (August 14, 2009); Notice of November 6, 2009, 74 FR 58187 (November 10, 2009). PART 740—[AMENDED] 5. The authority citation for 15 CFR part 740 continues to read as follows: ■ Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 13, 2009, 74 FR 41325 (August 14, 2009). § 740.16 [Amended] 6. Section 740.16(b)(3) introductory text is amended by removing the phrase ‘‘Australia, Austria, Belgium, Bulgaria, Canada,’’ and adding in its place the phrase, ‘‘Albania, Australia, Austria, Belgium, Bulgaria, Canada, Croatia,’’. ■ Supplement No. 1 to Part 740 [Amended] 7. In Supplement No. 1 to part 740, Country Groups, the table titled ‘‘Country Group B—Countries’’ is amended by adding, in alphabetical order, the country ‘‘Albania’’. ■ 8. In Supplement No. 1 to part 740, Country Groups, the table titled ‘‘Country Group D’’ is amended by removing the entry for ‘‘Albania’’. ■ 9. The authority citation for 15 CFR 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; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec 1503, Public Law 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 VerDate Nov<24>2008 13:48 Dec 22, 2009 Jkt 220001 § 742.4 [Amended] 10. Section 742.4(a) is amended: a. By removing the word ‘‘Bulgaria,’’ immediately following the parenthetical phrase in the third sentence and adding in its place the phrase, ‘‘Bulgaria, Croatia,’’; and ■ b. By removing the phrase ‘‘except Australia, Austria, Belgium, Bulgaria, Canada,’’ in the fourth sentence and adding in its place the phrase, ‘‘except Albania, Australia, Austria, Belgium, Bulgaria, Canada, Croatia,’’. ■ 11. Section 742.6 is amended: ■ a. By revising the first sentence in paragraph (a)(2)(iii); ■ b. By revising the first sentence in paragraph (a)(2)(v); ■ c. By revising paragraph (a)(3); and ■ d. By revising paragraph (a)(4)(ii). The revisions read as follows: ■ ■ § 742.6 PART 742—[AMENDED] cprice-sewell on DSKHWCL6B1PROD with RULES * X * * 2See NP Regional stability. (a) * * * (2) * * * (iii) BIS may issue licenses for cameras subject to the license requirement of paragraph (a)(2)(ii) of this section that are fully-packaged for use as consumer-ready civil products that, in addition to the specific transactions authorized by such license, authorize exports and reexports of such cameras without a license to any civil end-user to whom such exports or reexport are not otherwise prohibited by U.S. law in Albania, Australia, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 Latvia, Lithuania, Luxembourg, Malta, the Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, Turkey, and the United Kingdom. * * * * * * * * (v) BIS may also issue licenses for the cameras described in paragraph (a)(2)(iv) that, in addition to the specific transactions authorized by such license, authorize exports and reexports to authorized companies described in the license for the purpose of embedding such cameras into a completed product that will be distributed only in Albania, Australia, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, Turkey, and the United Kingdom. * * * (3) Special RS Column 1 license requirement applicable to military commodities. A license is required for reexports to all destinations except Canada for items classified under ECCN 0A919 except when such items are being reexported as part of a military deployment by a unit of the government of Albania, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, Turkey, E:\FR\FM\23DER1.SGM 23DER1 68146 Federal Register / Vol. 74, No. 245 / Wednesday, December 23, 2009 / Rules and Regulations the United Kingdom or the United States. (4) * * * (ii) Special RS Column 2 license requirements applicable only to certain cameras. As indicated by the CCL, and RS column 2 and footnote number 4 to the Commerce Country Chart, a license is required to any destination except Albania, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, Turkey, and the United Kingdom for fullypackaged thermal imaging cameras for use as consumer-ready civil products controlled by 6A003.b.4.b when incorporating ‘‘focal plane arrays’’ that have not more than 111,000 elements and a frame rate of 60Hz or less and that are not being exported or reexported to be embedded in a civil product. * * * * * PART 743—[AMENDED] 12. The authority citation for 15 CFR part 743 continues to read as follows: ■ [Amended] 13. Section 743.3(b) is amended by removing the phrase ‘‘to Australia, Austria, Belgium, Bulgaria,’’ and adding in its place the phrase ‘‘to Albania, Australia, Austria, Belgium, Bulgaria, Croatia,’’. ■ PART 772—[AMENDED] 14. The authority citation for 15 CFR part 772 continues to read as follows: ■ Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 13, 2009, 74 FR 41325 (August 14, 2009). 15. In Section 772.1, the definition of ‘‘NATO (North Atlantic Treaty Organization)’’ is revised to read as follows: cprice-sewell on DSKHWCL6B1PROD with RULES ■ § 772.1 Definitions of terms as used in the Export Administration Regulations (EAR). * * * * * NATO (North Atlantic Treaty Organization). A strategic defensive organization that consists of the following member nations: Albania, Belgium, Bulgaria, Canada, Croatia, VerDate Nov<24>2008 13:48 Dec 22, 2009 Jkt 220001 Dated: December 14, 2009. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. E9–30484 Filed 12–22–09; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [Docket No. 0910231375–91388–01] RIN 0694–AE75 Removal of Entry From the Entity List: Person Removed Based on Removal Request AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. This rule amends the Export Administration Regulations (EAR) by removing one person from the Entity List (Supplement No. 4 to Part 744). This person is being removed from the Entity List because the End-User Review Committee (ERC) decided to approve this person’s request for removal from the Entity List. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to parties identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of License Exceptions in such transactions is limited. DATES: Effective Date: This rule is effective December 23, 2009. 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–AE75, by any of the following methods: E-mail: publiccomments@bis.doc.gov. Include ‘‘RIN 0694–AE75’’ 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: Timothy Mooney, U.S. Department of Commerce, Bureau of Industry and Security, Regulatory Policy Division, SUMMARY: Authority: 50 U.S.C. app. 2401 et seq; Public Law 106–508; 50 U.S.C. 1701 et seq; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 13, 2009, 74 FR 41325 (August 14, 2009). § 743.3 Czech Republic, Denmark, Estonia, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Turkey, the United Kingdom, and the United States. * * * * * PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230, Attn: RIN 0694–AE75. Send comments regarding the collection of information associated with this rule, including suggestions for reducing the burden, to Jasmeet K. Seehra, Office of Management and Budget (OMB), by e-mail to Jasmeet_K._Seehra@omb.eop.gov, or by fax to (202) 395–7285; and to the Regulatory Policy Division, Bureau of Industry and Security, Department of Commerce, 14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230. Comments on this collection of information should be submitted separately from comments on the final rule (i.e. RIN 0694–AE75)—all comments on the latter should be submitted by one of the three methods outlined above. FOR FURTHER INFORMATION CONTACT: Elizabeth Scott Sangine, End-User Review Committee, Office of the Assistant Secretary, Export Administration, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482–3343, Fax: (202) 482– 3911, E-mail: bscott@bis.doc.gov. SUPPLEMENTARY INFORMATION: Background The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to parties identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of license exceptions in such transactions is limited. Persons are placed on the Entity List on the basis of certain sections of part 744 (Control Policy: End-User and End-Use Based) of the EAR. BIS first published the Entity List in February 1997 as part of its efforts to inform the public of entities that have engaged in activities that could result in an increased risk of diversion of exported and reexported items to weapons of mass destruction (WMD) programs. Since its initial publication, grounds for identification on the Entity List have expanded to include activities sanctioned by the Department of State and activities contrary to U.S. national security and/or foreign policy interests. ERC Entity List Decisions Pursuant to Supplement No. 5 to part 744 (Procedures for End-User Review Committee Entity List Decisions) of the EAR, the ERC, composed of representatives of the Departments of Commerce (Chair), State, Defense, Energy and, where appropriate, the Treasury, makes all decisions to make additions to, removals from or changes E:\FR\FM\23DER1.SGM 23DER1

Agencies

[Federal Register Volume 74, Number 245 (Wednesday, December 23, 2009)]
[Rules and Regulations]
[Pages 68142-68146]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30484]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 736, 738, 740, 742, 743, and 772

[Docket No. 0907241162-91276-01]
RIN 0694-AE62


Amendments to the Export Administration Regulations (EAR) Based 
Upon the Accession of Albania and Croatia to Formal Membership in the 
North Atlantic Treaty Organization (NATO)

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 certain requirements in the Export Administration 
Regulations (EAR) that apply to Albania and Croatia. These changes are 
based upon the accession of Albania and Croatia to formal membership in 
the North Atlantic Treaty Organization (NATO) on April 1, 2009. 
Consistent with the EAR license requirements and licensing policies 
that apply to members of NATO, this final rule amends the EAR to remove 
certain crime control (CC), national security (NS), and regional 
stability (RS) license requirements for these two countries. A license 
continues to be required for exports and reexports to Albania or 
Croatia of items on the Commerce Control List (CCL) controlled for 
national security or regional stability reasons that are identified as 
requiring a license to destinations indicated under NS Column 1 (also 
NS Column 2, for Albania) or RS Column 1, respectively, on the Commerce 
Country Chart. Certain restraint devices, discharge type arms, and 
related technology described on the CCL continue to require a license 
for crime control reasons to Albania or Croatia. A license also 
continues to be required for specially designed implements of torture 
described on the CCL. Furthermore, this rule does not affect any 
license requirements that apply to these countries based on other 
reasons for control identified in the EAR. This final rule also removes 
the EAR prohibition that applied to certain in transit shipments 
through Albania, removes Albania from Country Group D, and adds Albania 
to Country Group B. Croatia has already been designated in the EAR as a 
Country Group B country. In addition, this rule amends the provisions 
of License Exception APR (Additional Permissive Reexports) that apply 
to reexports of certain thermal

[[Page 68143]]

imaging cameras to include Albania and Croatia among the list of 
eligible destinations. Finally, this rule amends the definition of 
``NATO (North Atlantic Treaty Organization)'' in the EAR to include 
Albania and Croatia.

DATES: This rule is effective December 23, 2009. 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-AE62, by any 
of the following methods:
     E-mail: publiccomments@bis.doc.gov. Include ``RIN 0694-
AE62'' 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 Street & Pennsylvania Avenue, NW., Room 2705, 
Washington, DC 20230, Attn: RIN 0694-AE62.
    Send comments regarding this collection of information, including 
suggestions for reducing the burden, to Jasmeet Seehra, Office of 
Management and Budget (OMB), by e-mail to Jasmeet_K._Seehra@omb.eop.gov, or by fax to (202) 395-7285; and to the Regulatory 
Policy Division, Bureau of Industry and Security, Department of 
Commerce, 14th Street & Pennsylvania Avenue, NW., Room 2705, 
Washington, DC 20230. Comments on this collection of information should 
be submitted separately from comments on the final rule (i.e., RIN 
0694-AE62)--all comments on the latter should be submitted by one of 
the four methods outlined above.

FOR FURTHER INFORMATION CONTACT: John Varesi, Sensors and Aviation 
Division, Office of National Security and Technology Transfer Controls, 
Bureau of Industry and Security, Telephone: (202) 482-1114.

SUPPLEMENTARY INFORMATION: 

Background

    This final rule amends certain requirements in the Export 
Administration Regulations (EAR) that apply to Albania and Croatia. 
These changes are based upon the accession of Albania and Croatia to 
formal membership in the North Atlantic Treaty Organization (NATO) on 
April 1, 2009.
    This rule amends the Commerce Country Chart (Supplement No. 1 to 
Part 738 of the EAR) by revising certain license requirements that 
apply to Albania and Croatia to be consistent with those that apply to 
other members of NATO. Specifically, this rule removes certain crime 
control (CC), national security (NS) and regional stability (RS) 
license requirements for Albania and Croatia. As a result of the 
changes made by this rule, Albania and Croatia are no longer designated 
as RS Column 2 destinations on the Commerce Country Chart and Croatia 
is no longer designated as an NS Column 2 destination. However, a 
license continues to be required for exports and reexports to Albania 
or Croatia of items on the Commerce Control List (CCL) (Supplement No. 
1 to Part 774 of the EAR) that are controlled for national security or 
regional stability reasons and are identified as requiring a license to 
destinations indicated under NS Column 1 (also NS Column 2, for 
Albania) or RS Column 1, respectively, on the Commerce Country Chart. A 
license also continues to be required for exports and reexports to 
Albania or Croatia of restraint devices, discharge type arms, and 
related technology that are controlled for crime control reasons under 
Export Control Classification Numbers (ECCNs) 0A982, 0A985, and 0E982, 
respectively, on the CCL. Specially designed implements of torture that 
are controlled under ECCN 0A983 also continue to require a license for 
export and reexport to Albania or Croatia. In addition, this rule does 
not affect license requirements that apply to Albania or Croatia based 
on other reasons for control identified in the EAR, such as chemical/
biological (CB), missile technology (MT), nuclear proliferation (NP), 
and encryption items (EI).
    Consistent with the changes described above, this rule amends the 
national security (NS) license requirement provisions in Section 
742.4(a) of the EAR by adding Croatia to the list of countries that are 
not subject to the NS Column 2 license requirements indicated in 
various Export Control Classification Numbers (ECCNs) on the CCL. In 
addition, this rule adds Albania and Croatia to the list of countries 
identified in Section 742.4(a) of the EAR that are not subject to the 
NS Column 2 license requirements that apply to certain ECCN 6A003.b.4.b 
cameras described therein. Although this rule does not remove all of 
the NS Column 2 license requirements for Albania, as it does for 
Croatia, the rule does make Albania eligible for the exemption that 
applies to certain ECCN 6A003.b.4.b cameras described in Section 
742.4(a) of the EAR--this policy is consistent with the treatment that 
is provided for exports of such cameras to Cyprus, Malta, and South 
Africa, which also are subject to most NS Column 2 license 
requirements.
    Consistent with the changes in the regional stability (RS) license 
requirements for Albania and Croatia described above, this rule adds 
both countries to the list of countries identified in Section 
742.6(a)(4)(ii) of the EAR as not subject to the RS Column 2 license 
requirements that apply to certain ECCN 6A003.b.4.b cameras described 
therein. This rule also amends the RS Column 1 license requirements 
described in Section 742.6(a) of the EAR by adding Albania and Croatia 
to the list of countries to which certain exports or reexports of 
cameras controlled under ECCN 6A003.b.4.b, as described in Section 
742.6(a)(2)(ii) or (a)(2)(iv) of the EAR, may be authorized in 
accordance with the requirements of Section 742.6(a)(2)(iii) or 
(a)(2)(v), respectively. In addition, this rule adds Albania and 
Croatia to the list of countries in Section 742.6(a)(3) of the EAR 
whose governments are authorized to reexport without a license 
``military commodities'' controlled under ECCN 0A919 as part of a 
military deployment.
    This rule also amends Section 743.3(b) of the EAR by adding Albania 
and Croatia to the list of countries that are subject to the reporting 
requirements described in this section, which apply to exports of ECCN 
6A003.b.4.b thermal imaging cameras that have been authorized under the 
EAR without a validated license.
    Most of the amendments to Sections 740.16(b)(3), 742.4(a), 
742.6(a), and 743.3(b) of the EAR that are described above involve 
provisions of the EAR that were affected by a final rule published by 
BIS on May 22, 2009 (74 FR 23941), which revised certain license 
requirements and license exception eligibility requirements for thermal 
imaging cameras controlled by ECCN 6A003.b.4.b on the CCL. This final 
rule does not affect the scope of these requirements, except insofar as 
they apply to exports of such cameras to Albania and Croatia. For 
additional information on the application of these requirements to 
Albania and Croatia, please refer to the BIS point of contact 
identified in the May 22, 2009, final rule.
    In addition to the national security and regional stability changes 
described above, this rule amends Section 736.2(b)(8)(ii) of the EAR 
(i.e., General Prohibition Eight) to remove ``Albania'' from the list 
of countries that are subject to the prohibition against certain in 
transit shipments. This prohibition

[[Page 68144]]

applies to intransit shipments through specified countries of items 
that generally would require a license for export or reexport to such 
countries and that are not authorized under either a license or a 
license exception.
    This rule also amends Supplement No. 1 to Part 740 of the EAR 
(titled ``Country Groups'') by removing ``Albania'' from ``Country 
Group D'' and adding ``Albania'' to ``Country Group B--Countries,'' 
consistent with the treatment provided to other members of NATO. 
``Croatia'' has already been designated in the EAR as a Country Group B 
country (see the interim rule titled, ``Simplification of Export 
Administration Regulations,'' published at 61 FR 12714, March 25, 1996; 
Country Group B, p. 12782). Whether or not a country has been 
designated by the EAR as a Country Group B country can affect its 
eligibility status with respect to certain license exceptions described 
in Part 740 of the EAR (e.g., License Exceptions LVS, GBS, and TSR).
    Consistent with the status of Albania and Croatia as members of 
NATO, this rule also amends the License Exception APR (Additional 
Permissive Reexports) provisions in Section 740.16(b)(3) of the EAR to 
add Albania and Croatia to the list of eligible destinations for 
certain thermal imaging cameras controlled under ECCN 6A003.b.4.b on 
the CCL.
    Finally, this rule amends Section 772.1 of the EAR to update the 
definition of ``NATO (North Atlantic Treaty Organization)'' by adding 
``Albania'' and ``Croatia.''
    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 13, 
2009, 74 FR 41325 (August 14, 2009), has continued the Export 
Administration Regulations in effect under the International Emergency 
Economic Powers Act.

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 collections of information subject to the requirements of the 
PRA. These collections have 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, and Control 
Number 0694-0133, which carries a burden hour estimate of 60 hours 
annually for all reports submitted in accordance with Section 743.3 of 
the EAR. Send comments regarding these burden estimates or any other 
aspect of these collections of information, including suggestions for 
reducing the burden, to Jasmeet Seehra, Office of Management and Budget 
(OMB), and to the Regulatory Policy Division, Bureau of Industry and 
Security, Department of Commerce, as indicated in the ``ADDRESSES'' 
section of this rule.
    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 736

    Exports.

15 CFR Part 738

    Administrative practice and procedure, Exports, Foreign trade.

15 CFR Part 740

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

15 CFR Part 742

    Exports, Foreign trade.

15 CFR Part 743

    Administrative practice and procedure, Reporting and recordkeeping 
requirements.

15 CFR Part 772

    Exports.

0
Accordingly, parts 736, 738, 740, 742, 743, and 772 of the Export 
Administration Regulations (15 CFR Parts 730-774) are amended as 
follows:

PART 736--[AMENDED]

0
1. The authority citation for 15 CFR part 736 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. 2151 note; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp. p. 219; E.O. 13026, 
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 
CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, May 13, 2004; 
Notice of August 13, 2009, 74 FR 41325 (August 14, 2009); Notice of 
November 6, 2009, 74 FR 58187 (November 10, 2009).


Sec.  736.2  [Amended]

0
2. In Section 736.2(b)(8)(ii), remove the country, ``Albania,''.

PART 738--[AMENDED]

0
3. The authority citation for 15 CFR part 738 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); 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; 
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., 
p. 783; Notice of August 13, 2009, 74 FR 41325 (August 14, 2009).

0
4. Supplement No. 1 to part 738 is amended in the entries for 
``Albania'' and ``Croatia,'' by adding a reference to footnote number 2 
in the entry for ``Albania,'' and by adding a reference to footnote 
number 3 in the entries for ``Albania'' and ``Croatia'' to read as 
follows:

[[Page 68145]]



                                                                      Supplement No. 1 to Part 738--Commerce Country Chart
                                                                                      [Reason for control]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                  Countries                   Chemical &  biological       Nuclear       National  Security    Missile   Regional  Stability   Firearms        Crime control      Anti-terrorism
---------------------------------------------         weapons         nonproliferation ----------------------   Tech   ---------------------- convention ------------------------
                                             ------------------------------------------                      ----------                      ------------                        ---------------
                                                CB      CB      CB       NP       NP      NS         NS          MT       RS         RS           FC        CC      CC      CC      AT      AT
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  1       2       3        1        2       1             2        1        1             2         1         1       2       3       1       2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                                          * * * * * * *
Albania \2 3\...............................      X   ......  ......       X   .......      X   ............       X        X   ............  ..........  ......  ......  ......  ......  ......
 
                                                                                          * * * * * * *
Croatia \3\.................................      X   ......  ......       X   .......      X   ............       X        X   ............  ..........  ......  ......  ......  ......  ......
 
                                                                                         * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\2\See Sec.  742.4(a) for special provisions that apply to exports and reexports to these countries of certain thermal imaging cameras.
\3\See Sec.  742.6(a)(3) for special provisions that apply to military commodities that are subject to ECCN OA919.

PART 740--[AMENDED]

0
5. The authority citation for 15 CFR part 740 continues to read as 
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., 
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 
of August 13, 2009, 74 FR 41325 (August 14, 2009).


Sec.  740.16  [Amended]

0
6. Section 740.16(b)(3) introductory text is amended by removing the 
phrase ``Australia, Austria, Belgium, Bulgaria, Canada,'' and adding in 
its place the phrase, ``Albania, Australia, Austria, Belgium, Bulgaria, 
Canada, Croatia,''.

Supplement No. 1 to Part 740 [Amended]

0
7. In Supplement No. 1 to part 740, Country Groups, the table titled 
``Country Group B--Countries'' is amended by adding, in alphabetical 
order, the country ``Albania''.

0
8. In Supplement No. 1 to part 740, Country Groups, the table titled 
``Country Group D'' is amended by removing the entry for ``Albania''.

PART 742--[AMENDED]

0
9. The authority citation for 15 CFR 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; 22 U.S.C. 7201 et seq.; 22 
U.S.C. 7210; Sec 1503, Public Law 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 13, 2009, 74 FR 41325 (August 14, 2009); Notice of 
November 6, 2009, 74 FR 58187 (November 10, 2009).


Sec.  742.4  [Amended]

0
10. Section 742.4(a) is amended:
0
a. By removing the word ``Bulgaria,'' immediately following the 
parenthetical phrase in the third sentence and adding in its place the 
phrase, ``Bulgaria, Croatia,''; and
0
b. By removing the phrase ``except Australia, Austria, Belgium, 
Bulgaria, Canada,'' in the fourth sentence and adding in its place the 
phrase, ``except Albania, Australia, Austria, Belgium, Bulgaria, 
Canada, Croatia,''.

0
11. Section 742.6 is amended:
0
a. By revising the first sentence in paragraph (a)(2)(iii);
0
b. By revising the first sentence in paragraph (a)(2)(v);
0
c. By revising paragraph (a)(3); and
0
d. By revising paragraph (a)(4)(ii).
    The revisions read as follows:


Sec.  742.6   Regional stability.

    (a) * * *
    (2) * * *
    (iii) BIS may issue licenses for cameras subject to the license 
requirement of paragraph (a)(2)(ii) of this section that are fully-
packaged for use as consumer-ready civil products that, in addition to 
the specific transactions authorized by such license, authorize exports 
and reexports of such cameras without a license to any civil end-user 
to whom such exports or reexport are not otherwise prohibited by U.S. 
law in Albania, Australia, Austria, Belgium, Bulgaria, Croatia, Cyprus, 
Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, 
Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, 
Malta, the Netherlands, New Zealand, Norway, Poland, Portugal, Romania, 
Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden, 
Switzerland, Turkey, and the United Kingdom. * * *
* * * * *
    (v) BIS may also issue licenses for the cameras described in 
paragraph (a)(2)(iv) that, in addition to the specific transactions 
authorized by such license, authorize exports and reexports to 
authorized companies described in the license for the purpose of 
embedding such cameras into a completed product that will be 
distributed only in Albania, Australia, Austria, Belgium, Bulgaria, 
Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, 
Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, 
Lithuania, Luxembourg, Malta, the Netherlands, New Zealand, Norway, 
Poland, Portugal, Romania, Slovakia, Slovenia, South Africa, South 
Korea, Spain, Sweden, Switzerland, Turkey, and the United Kingdom. * * 
*
    (3) Special RS Column 1 license requirement applicable to military 
commodities. A license is required for reexports to all destinations 
except Canada for items classified under ECCN 0A919 except when such 
items are being reexported as part of a military deployment by a unit 
of the government of Albania, Australia, Austria, Belgium, Bulgaria, 
Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, 
France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, 
Latvia, Lithuania, Luxembourg, Malta, the Netherlands, New Zealand, 
Norway, Poland, Portugal, Romania, Slovakia, Slovenia, South Africa, 
South Korea, Spain, Sweden, Switzerland, Turkey,

[[Page 68146]]

the United Kingdom or the United States.
    (4) * * *
    (ii) Special RS Column 2 license requirements applicable only to 
certain cameras. As indicated by the CCL, and RS column 2 and footnote 
number 4 to the Commerce Country Chart, a license is required to any 
destination except Albania, Australia, Austria, Belgium, Bulgaria, 
Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, 
France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, 
Latvia, Lithuania, Luxembourg, Malta, the Netherlands, New Zealand, 
Norway, Poland, Portugal, Romania, Slovakia, Slovenia, South Africa, 
South Korea, Spain, Sweden, Switzerland, Turkey, and the United Kingdom 
for fully-packaged thermal imaging cameras for use as consumer-ready 
civil products controlled by 6A003.b.4.b when incorporating ``focal 
plane arrays'' that have not more than 111,000 elements and a frame 
rate of 60Hz or less and that are not being exported or reexported to 
be embedded in a civil product.
* * * * *

PART 743--[AMENDED]

0
12. The authority citation for 15 CFR part 743 continues to read as 
follows:

    Authority:  50 U.S.C. app. 2401 et seq; Public Law 106-508; 50 
U.S.C. 1701 et seq; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; Notice of August 13, 2009, 74 FR 41325 (August 14, 2009).


Sec.  743.3  [Amended]

0
13. Section 743.3(b) is amended by removing the phrase ``to Australia, 
Austria, Belgium, Bulgaria,'' and adding in its place the phrase ``to 
Albania, Australia, Austria, Belgium, Bulgaria, Croatia,''.

PART 772--[AMENDED]

0
14. The authority citation for 15 CFR part 772 continues to read as 
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 
13, 2009, 74 FR 41325 (August 14, 2009).

0
15. In Section 772.1, the definition of ``NATO (North Atlantic Treaty 
Organization)'' is revised to read as follows:


Sec.  772.1  Definitions of terms as used in the Export Administration 
Regulations (EAR).

* * * * *
    NATO (North Atlantic Treaty Organization). A strategic defensive 
organization that consists of the following member nations: Albania, 
Belgium, Bulgaria, Canada, Croatia, Czech Republic, Denmark, Estonia, 
France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Lithuania, 
Luxembourg, the Netherlands, Norway, Poland, Portugal, Romania, 
Slovakia, Slovenia, Spain, Turkey, the United Kingdom, and the United 
States.
* * * * *

    Dated: December 14, 2009.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. E9-30484 Filed 12-22-09; 8:45 am]
BILLING CODE 3510-33-P
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