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]
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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]
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*
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,
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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