Amendments to the Export Administration Regulations: Facilitating Enhanced Public Understanding of the Provisions That Implement the Comprehensive U.S. Sanctions on Syria, 77115-77119 [2011-31682]
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Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Rules and Regulations
[FR Doc. 2011–31217 Filed 12–9–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 732, 736, 738, 740, 742,
746, and 774
[Docket No. 110627356–1475–01]
RIN 0694–AF29
Amendments to the Export
Administration Regulations:
Facilitating Enhanced Public
Understanding of the Provisions That
Implement the Comprehensive U.S.
Sanctions on Syria
AGENCY: Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
SUMMARY: In this rule, the Bureau of
Industry and Security (BIS) amends the
Export Administration Regulations
(EAR) by moving the substantive
provisions of the comprehensive
sanctions on Syria from General Order
No. 2 in Supplement No. 1 to part 736
to a revised § 746.9. This rule also
includes conforming changes to the
EAR. This rule will facilitate
compliance with the comprehensive
sanctions on Syria.
DATES: This rule is effective December
12, 2011.
FOR FURTHER INFORMATION CONTACT:
Director, Foreign Policy Division, Office
of Nonproliferation and Treaty
Compliance, Bureau of Industry and
Security, (202) 482–4252.
SUPPLEMENTARY INFORMATION:
Background
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Amendments to Parts 736 and 746 of
the Export Administration Regulations
In this rule, the Bureau of Industry
and Security (BIS) amends the Export
Administration Regulations (EAR) by
moving the substantive provisions of the
comprehensive sanctions on Syria from
General Order No. 2 in Supplement No.
1 to part 736 to a revised Section 746.9.
In General Order No. 2 of May 14, 2004,
BIS implemented the U.S. sanctions on
Syria pursuant to the Syria
Accountability and Lebanese
Sovereignty Restoration Act of 2003
(SAA) and the International Emergency
Economic Powers Act (IEEPA). Part 746
of the EAR addresses embargoes and
other special controls and is therefore
the most appropriate place for the
comprehensive sanctions against Syria.
For this reason, part 746 previously
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contained a cross reference to the Syria
provisions in General Order No. 2 at
section 746.9. BIS is removing the cross
reference and replacing it with the
substantive provisions previously set
forth in the General Order. As a result,
the Syria controls will be included in
part 746 along with the controls
applicable to other embargoed and
sanctioned countries. As noted below,
certain Syria controls continue to be set
forth in section 742.9 of the EAR, and
section 746.9 supersedes the substantive
provisions of section 742.9. These
changes will facilitate compliance with
the comprehensive U.S. sanctions on
Syria.
Although all the substantive
provisions from General Order No. 2 are
being included in part 746, BIS is
maintaining certain provisions relating
to the sanctions against Syria in the
General Order at this time because of
wording in Executive Order 13338. That
Executive Order invokes the waiver
authority granted to the President in the
SAA by waiving application of certain
prohibitions of the SAA ‘‘so as to permit
the exportation or reexportation of
certain items as specified in the
Department of Commerce’s General
Order No. 2 to Supplement No. 1
* * *.’’ Because of this cross reference
to General Order No. 2 in the Executive
Order, BIS is maintaining in the General
Order the waiver provisions referenced
in the Executive Order.
This rule also makes conforming
changes to the EAR for the amendments
to Supplement No. 1 to part 736,
General Order No. 2, and Section 746.9.
Conforming Changes: Parts 732, 736,
738, 740, 742, and 774
This rule amends sections 732.1
(Steps overview), 740.2 (Restrictions on
all License Exceptions), and 740.9
(Temporary imports, exports, and
reexports) of the EAR. Specifically,
Syria is now listed in paragraphs
732.1(d)(2), 732.1(d)(3), 732.3(d)(4),
732.3(i), 740.2(a)(6), and 740.9(a)(2).
This rule also amends Section 742.9
(Anti-terrorism: Syria) and Supplement
No. 1 to part 738—Commerce Country
Chart. Paragraph (e) of Section 742.9
and the sentence that appears in the
entry for Syria in the Commerce
Country Chart now direct the public to
revised Section 746.9, which provides
export and reexport license
requirements, licensing policy and
license exceptions as applied to Syria.
Finally, this rule amends the entries
on the Commerce Control List in
Supplement No. 1 to part 774 of the
EAR for items controlled by Export
Control Classification Numbers 1C350,
1C355 and 1C395. The rule removes a
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77115
statement in the License Requirements
section of those entries that directed
exporters to Supplement No. 1 to part
736 of the EAR for controls on Syria.
Since August 21, 2001, the Export
Administration Act (the Act) has been
in lapse and the President, through
Executive Order 13222 of August 17,
2001 (3 CFR, 2001 Comp. 783 (2002)),
which has been extended by successive
Presidential Notices, the most recent
being that of August 12, 2011 (76 FR
50,661 (Aug. 16, 2011)), has continued
the Regulations in effect under the
International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.
(2000)). BIS continues to carry out the
provisions of the Act, as appropriate
and to the extent permitted by law,
pursuant to Executive Order 13222.
Rulemaking Requirements
1. Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has been designated a ‘‘significant
regulatory action,’’ although not
economically significant, under section
3(f) of Executive Order 12866.
Accordingly, the rule has been reviewed
by the Office of Management and
Budget.
2. Notwithstanding any other
provisions of law, no person is required
to respond to nor be subject to a penalty
for failure to comply with a collection
of information, subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This rule does
not involve a collection of information
and, therefore, does not implicate
requirements of the PRA.
3. This rule does not contain policies
with Federalism implications as that
term is defined under Executive Order
13132.
4. The Department finds that the
provisions of the Administrative
Procedure Act (5 U.S.C. 553) requiring
prior notice, the opportunity for public
participation, and a delay in effective
date are inapplicable because the
Department for good cause finds that
prior notice and opportunity for public
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comment are unnecessary (5 U.S.C.
553(b)(B)). It is unnecessary to provide
prior notice and an opportunity for
public comment in issuing this notice
because the notice does not make any
substantive changes to the Regulations.
This rule simply reorganizes certain
Syria-related provisions of the EAR. The
provisions are currently in a General
Order and the public is directed to them
through a cross-reference in the EAR
section addressing embargoes and
special controls. This rule places the
Syria provisions into the EAR section
addressing embargoes and special
controls, replacing the existing crossreference. All controls in place
pertaining to Syria remain in place and
no new controls have been added.
Therefore, this regulation is issued in
final form. In addition, the Department
finds good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effectiveness. The controls at issue have
been in effect since 2004 and the public
has been expected to be in compliance
with the provisions since that time.
Thus, because the controls on Syria are
not changed by this rule, there is no
need to delay the effectiveness of the
rule to allow the regulated public time
to come into compliance. Accordingly,
this regulation is made effective
immediately upon publication.
No other law requires that a notice of
proposed rulemaking and an
opportunity for public comments be
given for this final rule. Because a
notice of proposed rulemaking and an
opportunity for public comment are not
required to be given for this rule under
the Administrative Procedure Act or by
any other law, the analytical
requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are
not applicable.
List of Subjects
15 CFR Parts 732 and 740
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Parts 736 and 738
Exports.
15 CFR Part 742
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Exports, Terrorism.
15 CFR Part 746 and 774
Exports, Reporting and recordkeeping
requirements.
Accordingly, parts 732, 736, 738, 740,
742, 746 and 774 of the Export
Administration Regulations (15 CFR
parts 730–774) are amended as follows:
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Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767,
3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 12, 2011 (76 FR 50661 (Aug. 16,
2011)).
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, 3 CFR, 2004 Comp., p.
168; Notice of August 12, 2011 (76 FR 50661
(Aug. 16, 2011)); Notice of November 4, 2010,
75 FR 68673 (November 8, 2010).
§ 732.1
■
PART 732—[AMENDED]
1. The authority citation for 15 CFR
part 732 continues to read as follows:
■
[Amended]
2. Section 732.1 is amended by:
a. Removing the phrase ‘‘, and Three
(Foreign-Produced Direct Product
Reexports) for all countries except:
Cuba, Iran, and North Korea.’’ in the
next to last sentence of paragraph (d)(2)
and adding in its place ‘‘, and Three
(Foreign-Produced Direct Product
Reexports) for all countries except:
Cuba, Iran, North Korea, and Syria.’’;
and
■ b. Removing the parenthetical phrase
‘‘(e.g., Cuba, Iran, and North Korea)’’ in
paragraph (d)(3) and adding in its place
‘‘(e.g., Cuba, Iran, North Korea and
Syria)’’.
■
■
3. Section 732.3 is amended by
revising paragraphs (d)(4) and (i) to read
as follows:
■
§ 732.3 Steps regarding the ten general
prohibitions.
*
*
*
*
*
(d) * * *
(4) Destinations subject to embargo
and other special controls provisions.
The Country Chart does not apply to
Cuba, Iran, North Korea, and Syria. For
those countries you should review the
provisions at part 746 of the EAR and
may skip this step concerning the
Country Chart. For Iraq and Rwanda, the
Country Chart provides for certain
license requirements, and part 746 of
the EAR provides additional
requirements.
*
*
*
*
*
(i) Step 14: Embargoed countries and
special destinations. If your destination
for any item is Cuba, Iran, Iraq, North
Korea, Rwanda, or Syria you must
consider the requirements of parts 742
and 746 of the EAR. Unless otherwise
indicated, General Prohibition Six
(Embargo) applies to all items subject to
the EAR, i.e. both items on the CCL and
within EAR99. You may not make an
export or reexport contrary to the
provisions of part 746 of the EAR
without a license unless:
*
*
*
*
*
5. Supplement No. 1 to part 736—
General Order No. 2—is revised to read
as follows:
Supplement No. 1 to Part 736—General
Orders
*
*
*
*
*
General Order No. 2; Section 5(b) of the
Syria Accountability and Lebanese
Sovereignty Restoration Act of 2003 (SAA)
gives the President authority to waive the
application of certain prohibitions set forth
in the SAA if the President determines that
it is in the national security interest of the
United States to do so. The President made
such a determination in Executive Order
13338, finding that it was ‘‘in the national
security interest of the United States to waive
application of subsection 5(a)(1) and
5(a)(2)(A) of the SAA so as to permit the
exportation or reexportation of certain items
as specified in the Department of
Commerce’s General Order No. 2.’’ The
President’s reference to General Order No. 2
addresses applications to export and reexport
the following items, which are considered on
a case-by-case basis as opposed to the general
policy of denial set forth in section 746.9 of
the Regulations: items in support of
activities, diplomatic or otherwise, of the
United States Government (to the extent that
regulation of such exportation or
reexportation would not fall within the
President’s constitutional authority to
conduct the nation’s foreign affairs);
medicine (on the CCL) and medical devices
(both as defined in part 772 of the EAR);
parts and components intended to ensure the
safety of civil aviation and the safe operation
of commercial passenger aircraft; aircraft
chartered by the Syrian Government for the
transport of Syrian Government officials on
official Syrian Government business;
telecommunications equipment and
associated computers, software and
technology; and items in support of United
Nations operations in Syria. The total dollar
value of each approved license for aircraft
parts for flight safety normally will be limited
to no more than $2 million over the 24month standard license term, except in the
case of complete overhauls.
Note to General Order No. 2: The controls
for exports and reexports to Syria are set
forth in § 746.9 of the EAR.
*
*
*
*
*
PART 736—[AMENDED]
PART 738—[AMENDED]
4. The authority citation for 15 CFR
part 736 continues to read as follows:
■
■
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6. The authority citation for 15 CFR
part 738 continues to read as follows:
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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; 15 U.S.C. 1824a; 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 12, 2011 (76
FR 50661 (Aug. 16, 2011)).
7. Supplement No. 1 to part 738—
Commerce Country Chart—is amended
by revising the sentence that appears in
the entry for ‘‘Syria’’ to read ‘‘See
§ 746.9 of the EAR to determine whether
a license is required in order to export
or reexport to this destination.’’
■
PART 740—[AMENDED]
8. 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 12, 2011 (76
FR 50661 (Aug. 16, 2011)).
9. Section 740.2 is amended by
revising paragraph (a)(6) to read as
follows:
■
§ 740.2 Restriction on all License
Exceptions.
(a) * * *
(6) The export or reexport is to a
sanctioned destination (Cuba, Iran,
North Korea, and Syria), unless a license
exception or portion thereof is
specifically listed in the license
exceptions paragraph pertaining to a
particular sanctioned country in part
746 of the EAR.
*
*
*
*
*
■ 10. Section 740.9 is amended by:
■ (a) Revising the heading and first
sentence of paragraph (a)(2)(i)(A) to read
as set forth below.
■ (b) Removing the clause in paragraph
(a)(2)(viii)(A), ‘‘to Country Groups D:1
or E:2, or Sudan (see supplement No. 1
to part 740) if the commodities:’’, and
adding in its place ‘‘to Country Groups
D:1 or E:2, Sudan, or Syria (see
Supplement No. 1 to part 740) if the
commodities:’’
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§ 740.9 Temporary imports, exports, and
reexports (TMP).
(a) * * *
(2) * * *
(i) * * *
(A) Destinations other than Country
Group E:2, Sudan or Syria. Exports and
reexports of tools of trade for use by the
exporter or employees of the exporter
may be made only to destinations other
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than Country Group E:2, Sudan, or
Syria. * * *
*
*
*
*
*
PART 742—[AMENDED]
11. The authority citation for 15 CFR
part 742 continues to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 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, Pub. L. 108–11, 117
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Presidential Determination
2003–23 of May 7, 2003, 68 FR 26459, May
16, 2003; Notice of August 12, 2011 (76 FR
50661 (Aug. 16, 2011)); Notice of November
4, 2010, 75 FR 68673 (November 8, 2010).
12. Section 742.1 is amended by
revising the last sentence of paragraph
(d) to read as follows:
■
§ 742.1
Introduction.
*
*
*
*
*
(d) * * * If you are exporting or
reexporting to Cuba, Iran, North Korea,
or Syria, you should review part 746 of
the EAR, Embargoes and Other Special
Controls.
*
*
*
*
*
■ 13. Section 742.9 is amended by
revising paragraph (e) to read as follows:
§ 742.9
Anti-terrorism: Syria.
*
*
*
*
*
(e) Section 746.9 (Syria) of the EAR
sets forth the export and reexport
controls for Syria. Section 746.9
supersedes the provisions of paragraphs
(a) through (d) of this section.
PART 746—[AMENDED]
14. The authority citation for 15 CFR
part 746 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. 287c; Sec 1503,
Pub. L. 108–11, 117 Stat. 559; 22 U.S.C. 6004;
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
12854, 58 FR 36587, 3 CFR, 1993 Comp., p.
614; E.O. 12918, 59 FR 28205, 3 CFR, 1994
Comp., p. 899; E.O. 13222, 3 CFR, 2001
Comp., p. 783; Presidential Determination
2003–23 of May 7, 2003, 68 FR 26459, May
16, 2003; Presidential Determination 2007–7
of December 7, 2006, 72 FR 1899 (January 16,
2007); August 12, 2011 (76 FR 50661 (Aug.
16, 2011)).
15. Section 746.1 is amended by
revising paragraph (a) introductory text
and adding paragraph (a)(3) to read as
follows:
■
§ 746.1
*
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Introduction.
*
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*
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*
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(a) Comprehensive controls. This part
contains or refers to all the BIS licensing
requirements, licensing policies, and
License Exceptions for countries subject
to general embargoes or comprehensive
sanctions, currently Cuba, Iran, and
Syria. This part is the focal point for all
the EAR requirements for transactions
involving these countries.
*
*
*
*
*
(3) Syria. Pursuant to Sections 5(a)(1)
and 5(a)(2)(A) of the Syria
Accountability and Lebanese
Sovereignty Restoration Act of 2003
(Pub. L. 108–175, codified as a note to
22 U.S.C. 2151) (the SAA), since May
14, 2004 BIS has maintained a
prohibition on the export to Syria of all
items on the Commerce Control List (in
15 CFR part 774) (CCL) and a
prohibition on the export to Syria of
products of the United States, other than
food and medicine. The President also
exercised national security waiver
authority pursuant to Section 5(b) of the
SAA for certain transactions. Section
746.9 of this part sets forth the specific
license requirements, licensing policy
and license exceptions applicable to
Syria as a sanctioned country under the
EAR. These provisions were issued
consistent with Executive Order 13338
of May 11, 2004 which implemented the
SAA.
*
*
*
*
*
■ 16. Section 746.9 is revised to read as
follows:
§ 746.9
Syria.
Sections 5(a)(1) and 5(a)(2)(A) of the
Syria Accountability and Lebanese
Sovereignty Restoration Act of 2003
(Pub. L. 108–175, codified as a note to
22 U.S.C. 2151) (the SAA) require a
prohibition on the export to Syria of all
items on the Commerce Control List (in
15 CFR part 774) (CCL) and a
prohibition on the export to Syria of
products of the United States, other than
food and medicine. The President also
exercised national security waiver
authority pursuant to Section 5(b) of the
SAA for certain transactions. The
provisions in this section were issued
consistent with Executive Order 13338
of May 11, 2004 which implemented the
SAA.
(a) License requirements. A license is
required for the export or reexport to
Syria of all items subject to the EAR,
except food and medicine classified as
EAR99 (food and medicine are defined
in part 772 of the EAR). A license is
required for the ‘‘deemed export’’ and
‘‘deemed reexport,’’ as described in
§ 734.2(b) of the EAR, of any technology
or source code on the Commerce
Control List (CCL) to a Syrian foreign
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national. ‘‘Deemed exports’’ and
‘‘deemed reexports’’ to Syrian foreign
nationals involving technology or
source code subject to the EAR but not
listed on the CCL do not require a
license.
(b) License Exceptions. No License
Exceptions to the license requirements
set forth in paragraph (a) of this section
are available for exports or reexports to
Syria, except the following:
(1) TMP for items for use by the news
media as set forth in § 740.9(a)(2)(viii) of
the EAR,
(2) GOV for items for personal or
official use by personnel and agencies of
the U.S. Government as set forth in
§ 740.11(b)(2)(i) and (ii) of the EAR,
(3) TSU for operation technology and
software, sales technology, and software
updates pursuant to the terms of
§ 740.13(a), (b), or (c) of the EAR,
(4) BAG for exports of personallyowned items by individuals leaving the
United States as personal baggage
pursuant to the terms of § 740.14(a)
through (d), only, of the EAR, and
(5) AVS for the temporary sojourn of
civil aircraft reexported to Syria
pursuant to the terms of § 740.15(a)(4) of
the EAR.
(c) Licensing policy. (1) Except as
described in this paragraph (c), all
license applications for export or
reexport to Syria are subject to a general
policy of denial. License applications
for ‘‘deemed exports’’ and ‘‘deemed
reexports’’ of technology and source
code will be reviewed on a case-by-case
basis. BIS may consider, on a case-bycase basis, license applications for
exports and reexports of items necessary
to carry out the President’s
constitutional authority to conduct U.S.
foreign affairs and as Commander-inChief, including exports and reexports
of items necessary for the performance
of official functions by the United States
Government personnel abroad.
(2) BIS may also consider the
following license applications on a caseby-case basis: items in support of
activities, diplomatic or otherwise, of
the United States Government (to the
extent that regulation of such
exportation or reexportation would not
fall within the President’s constitutional
authority to conduct the nation’s foreign
affairs); medicine (on the CCL) and
medical devices (both as defined in part
772 of the EAR); parts and components
intended to ensure the safety of civil
aviation and the safe operation of
commercial passenger aircraft; aircraft
chartered by the Syrian Government for
the transport of Syrian Government
officials on official Syrian Government
business; telecommunications
equipment and associated computers,
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software and technology; and items in
support of United Nations operations in
Syria. The total dollar value of each
approved license for aircraft parts for
flight safety normally will be limited to
no more than $2 million over the 24month standard license term, except in
the case of complete overhauls.
(3) In addition, consistent with part
734 of the EAR, the following are not
subject to the EAR and therefore not
subject to this General Order:
informational materials in the form of
books and other media; publicly
available software and technology; and
technology exported in the form of a
patent application or an amendment,
modification, or supplement thereto or
a division thereof (see 15 CFR
734.3(b)(1)(v), (b)(2) and (b)(3)).
Note to § 746.9: For administrative reasons,
BIS continues to maintain provisions in
General Order No. 2, Supplement No. 1 to
part 736 of the EAR relating to the President’s
waiver of certain prohibitions. This section
contains all of the substantive controls
against Syria, including the waiver-related
provisions maintained in General Order
No. 2.
PART 774—[AMENDED]
17. The authority citation for 15 CFR
part 774 continues to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
7430(e); 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; 15 U.S.C. 1824a; 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 12, 2011 (76
FR 50661 (Aug. 16, 2011)).
18. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals, ‘‘Micro
Organisms,’’ and ‘‘Toxins’’—Export
Control Classification Number (ECCN)
1C350 is amended by revising the AT
paragraph in the License Requirements
section to read as follows:
■
Supplement No. 1 to Part 774—
Commerce Control List
*
*
*
*
*
1C350 Chemicals that may be used as
precursors for toxic chemical agents.
License Requirements
*
*
*
*
*
AT applies to entire entry. The Commerce
Country Chart is not designed to determine
licensing requirements for items controlled
for AT reasons in 1C350. A license is
required, for AT reasons, to export or
reexport items controlled by 1C350 to a
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
country in Country Group E:1 of Supplement
No. 1 to part 740 of the EAR. (See part 742
of the EAR for additional information on the
AT controls that apply to Iran, North Korea,
Sudan, and Syria. See part 746 of the EAR
for additional information on sanctions that
apply to Cuba, Iran, North Korea, and Syria.)
*
*
*
*
*
19. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals, ‘‘Micro
Organisms,’’ and ‘‘Toxins’’—Export
Control Classification Number (ECCN)
1C355 is amended by revising the
Control(s) paragraphs in the License
Requirements section to read as follows:
■
1C355 Chemical Weapons Convention
(CWC) Schedule 2 and 3 chemicals and
families of chemicals not controlled by
ECCN 1C350 or by the Department of
State under the ITAR.
License Requirements
*
*
*
*
*
Control(s): CW applies to entire entry.
The Commerce Country Chart is not
designed to determine licensing
requirements for items controlled for
CW reasons. A license is required to
export or reexport CWC Schedule 2
chemicals and mixtures identified in
1C355.a to States not Party to the CWC
(destinations not listed in Supplement
No. 2 to part 745 of the EAR). A license
is required to export CWC Schedule 3
chemicals and mixtures identified in
1C355.b to States not Party to the CWC,
unless an End-Use Certificate issued by
the government of the importing
country is obtained by the exporter,
prior to export. A license is required to
reexport CWC Schedule 3 chemicals
and mixtures identified in 1C355.b from
a State not Party to the CWC to any
other State not Party to the CWC. (See
§ 742.18 of the EAR for license
requirements and policies for toxic and
precursor chemicals controlled for CW
reasons.)
AT applies to entire entry. The
Commerce Country Chart is not
designed to determine licensing
requirements for items controlled for AT
reasons in 1C355. A license is required,
for AT reasons, to export or reexport
items controlled by 1C355 to a country
in Country Group E:1 of Supplement
No. 1 to part 740 of the EAR. (See part
742 of the EAR for additional
information on the AT controls that
apply to Iran, North Korea, Sudan, and
Syria. See part 746 of the EAR for
additional information on sanctions that
apply to Cuba, Iran, North Korea, and
Syria.)
*
*
*
*
*
E:\FR\FM\12DER1.SGM
12DER1
Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Rules and Regulations
20. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Special Materials and Related
Equipment, Chemicals, ‘‘Micro
Organisms,’’ and ‘‘Toxins’’—Export
Control Classification Number (ECCN)
1C395 is amended by revising the AT
paragraph in the License Requirements
section to read as follows:
■
1C395 Mixtures and Medical,
Analytical, Diagnostic, and Food
Testing Kits Not Controlled by ECCN
1C350, as Follows (See List of Items
Controlled).
License Requirements
*
*
*
*
*
AT applies to entire entry. The
Commerce Country Chart is not
designed to determine licensing
requirements for items controlled for AT
reasons in 1C395. A license is required,
for AT reasons, to export or reexport
items controlled by 1C395 to a country
in Country Group E:1 of Supplement
No. 1 to part 740 of the EAR. (See part
742 of the EAR for additional
information on the AT controls that
apply to Iran, North Korea, Sudan, and
Syria. See part 746 of the EAR for
additional information on sanctions that
apply to Cuba, Iran, North Korea, and
Syria.)
*
*
*
*
*
Dated: December 5, 2011.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2011–31682 Filed 12–9–11; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2011–1083]
RIN 1625–AA08
Special Local Regulations; Pompano
Beach Holiday Boat Parade,
Intracoastal Waterway, Pompano
Beach, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
mstockstill on DSK4VPTVN1PROD with RULES
ACTION:
SUMMARY: The Coast Guard is
establishing special local regulations on
the waters of the Intracoastal Waterway
in Pompano Beach, Florida during the
Pompano Beach Holiday Boat Parade on
Sunday, December 11, 2011. The marine
parade will consist of approximately 50
vessels. The marine parade will begin at
VerDate Mar<15>2010
16:14 Dec 09, 2011
Jkt 226001
Lake Santa Barbara, transit north on the
Intracoastal Waterway, and end at the
Hillsborough Bridge. These special local
regulations are necessary to provide for
the safety of life on navigable waters of
the United States during the marine
parade. The special local regulations
consist of a series of moving buffer
zones around participant vessels as they
transit from Lake Santa Barbara to the
Hillsborough Bridge. Persons and
vessels that are not participating in the
marine parade are prohibited from
entering, transiting through, anchoring
in, or remaining within any of the buffer
zones unless authorized by the Captain
of the Port Miami or a designated
representative.
DATES: This rule is effective from 5 p.m.
until 10 p.m. on December 11, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
1083 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–1083 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
final rule, call or email Lieutenant
Jennifer S. Makowski, Sector Miami
Prevention Department, Coast Guard;
telephone (305) 535–8724, email
Jennifer.S.Makowski@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
Coast Guard did not receive necessary
information about this year’s Pompano
Beach Holiday Boat Parade with
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
77119
sufficient time to publish an NPRM and
to receive public comments prior to the
event. Any delay in the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to minimize potential danger to
marine parade participants, participant
vessels, spectators, and the general
public.
For the same reason discussed above,
under 5 U.S.C. 553(d)(3) the Coast
Guard finds that good cause exists for
making this rule effective less than
30 days after publication in the Federal
Register.
Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
special local regulations: 33 U.S.C.
1233.
The purpose of the rule is to insure
safety of life on navigable waters of the
United States during the Pompano
Beach Holiday Boat Parade.
Discussion of Rule
On December 11, 2011, Greater
Pompano Beach Chamber of Commerce
is hosting the Pompano Beach Holiday
Boat Parade on the Intracoastal
Waterway in Pompano Beach, Florida.
The marine parade will consist of
approximately 50 vessels. The marine
parade will begin at Lake Santa Barbara,
transit north on the Intracoastal
Waterway, and end at the Hillsborough
Bridge. Although this event occurs
annually, and special local regulations
have been promulgated in the Code of
Federal Regulations at 33 CFR 100.701,
the date of the marine parade does not
correspond with the date published in
the Code of Federal Regulations, and the
special local regulations have been
modified. Therefore, the special local
regulations set forth in 33 CFR 100.701
are inapplicable for this year’s Pompano
Beach Holiday Boat Parade.
The special local regulations consist
of a series of buffer zones around vessels
participating in the Pompano Beach
Holiday Boat Parade. These buffer zones
are as follows: (1) All waters within 75
yards of the lead marine parade vessel;
(2) all waters within 75 yards of the last
marine parade vessel; and (3) all waters
within 50 yards of all other marine
parade vessels. Notice of the special
local regulations, including the
identities of the lead marine parade
vessel and the last marine parade vessel,
will be provided prior to the marine
parade by Local Notice to Mariners and
Broadcast Notice to Mariners. These
special local regulations will be
enforced from 5 p.m. until 10 p.m. on
December 11, 2011. Persons and vessels
are prohibited from entering, transiting
E:\FR\FM\12DER1.SGM
12DER1
]]>Agencies
[Federal Register Volume 76, Number 238 (Monday, December 12, 2011)]
[Rules and Regulations]
[Pages 77115-77119]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31682]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 732, 736, 738, 740, 742, 746, and 774
[Docket No. 110627356-1475-01]
RIN 0694-AF29
Amendments to the Export Administration Regulations: Facilitating
Enhanced Public Understanding of the Provisions That Implement the
Comprehensive U.S. Sanctions on Syria
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) by moving the substantive
provisions of the comprehensive sanctions on Syria from General Order
No. 2 in Supplement No. 1 to part 736 to a revised Sec. 746.9. This
rule also includes conforming changes to the EAR. This rule will
facilitate compliance with the comprehensive sanctions on Syria.
DATES: This rule is effective December 12, 2011.
FOR FURTHER INFORMATION CONTACT: Director, Foreign Policy Division,
Office of Nonproliferation and Treaty Compliance, Bureau of Industry
and Security, (202) 482-4252.
SUPPLEMENTARY INFORMATION:
Background
Amendments to Parts 736 and 746 of the Export Administration
Regulations
In this rule, the Bureau of Industry and Security (BIS) amends the
Export Administration Regulations (EAR) by moving the substantive
provisions of the comprehensive sanctions on Syria from General Order
No. 2 in Supplement No. 1 to part 736 to a revised Section 746.9. In
General Order No. 2 of May 14, 2004, BIS implemented the U.S. sanctions
on Syria pursuant to the Syria Accountability and Lebanese Sovereignty
Restoration Act of 2003 (SAA) and the International Emergency Economic
Powers Act (IEEPA). Part 746 of the EAR addresses embargoes and other
special controls and is therefore the most appropriate place for the
comprehensive sanctions against Syria. For this reason, part 746
previously contained a cross reference to the Syria provisions in
General Order No. 2 at section 746.9. BIS is removing the cross
reference and replacing it with the substantive provisions previously
set forth in the General Order. As a result, the Syria controls will be
included in part 746 along with the controls applicable to other
embargoed and sanctioned countries. As noted below, certain Syria
controls continue to be set forth in section 742.9 of the EAR, and
section 746.9 supersedes the substantive provisions of section 742.9.
These changes will facilitate compliance with the comprehensive U.S.
sanctions on Syria.
Although all the substantive provisions from General Order No. 2
are being included in part 746, BIS is maintaining certain provisions
relating to the sanctions against Syria in the General Order at this
time because of wording in Executive Order 13338. That Executive Order
invokes the waiver authority granted to the President in the SAA by
waiving application of certain prohibitions of the SAA ``so as to
permit the exportation or reexportation of certain items as specified
in the Department of Commerce's General Order No. 2 to Supplement No. 1
* * *.'' Because of this cross reference to General Order No. 2 in the
Executive Order, BIS is maintaining in the General Order the waiver
provisions referenced in the Executive Order.
This rule also makes conforming changes to the EAR for the
amendments to Supplement No. 1 to part 736, General Order No. 2, and
Section 746.9.
Conforming Changes: Parts 732, 736, 738, 740, 742, and 774
This rule amends sections 732.1 (Steps overview), 740.2
(Restrictions on all License Exceptions), and 740.9 (Temporary imports,
exports, and reexports) of the EAR. Specifically, Syria is now listed
in paragraphs 732.1(d)(2), 732.1(d)(3), 732.3(d)(4), 732.3(i),
740.2(a)(6), and 740.9(a)(2).
This rule also amends Section 742.9 (Anti-terrorism: Syria) and
Supplement No. 1 to part 738--Commerce Country Chart. Paragraph (e) of
Section 742.9 and the sentence that appears in the entry for Syria in
the Commerce Country Chart now direct the public to revised Section
746.9, which provides export and reexport license requirements,
licensing policy and license exceptions as applied to Syria.
Finally, this rule amends the entries on the Commerce Control List
in Supplement No. 1 to part 774 of the EAR for items controlled by
Export Control Classification Numbers 1C350, 1C355 and 1C395. The rule
removes a statement in the License Requirements section of those
entries that directed exporters to Supplement No. 1 to part 736 of the
EAR for controls on Syria.
Since August 21, 2001, the Export Administration Act (the Act) has
been in lapse and the President, through Executive Order 13222 of
August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which has been extended
by successive Presidential Notices, the most recent being that of
August 12, 2011 (76 FR 50,661 (Aug. 16, 2011)), has continued the
Regulations in effect under the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq. (2000)). BIS continues to carry out the
provisions of the Act, as appropriate and to the extent permitted by
law, pursuant to Executive Order 13222.
Rulemaking Requirements
1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``significant regulatory
action,'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget.
2. Notwithstanding any other provisions of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This rule does not
involve a collection of information and, therefore, does not implicate
requirements of the PRA.
3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
4. The Department finds that the provisions of the Administrative
Procedure Act (5 U.S.C. 553) requiring prior notice, the opportunity
for public participation, and a delay in effective date are
inapplicable because the Department for good cause finds that prior
notice and opportunity for public
[[Page 77116]]
comment are unnecessary (5 U.S.C. 553(b)(B)). It is unnecessary to
provide prior notice and an opportunity for public comment in issuing
this notice because the notice does not make any substantive changes to
the Regulations. This rule simply reorganizes certain Syria-related
provisions of the EAR. The provisions are currently in a General Order
and the public is directed to them through a cross-reference in the EAR
section addressing embargoes and special controls. This rule places the
Syria provisions into the EAR section addressing embargoes and special
controls, replacing the existing cross-reference. All controls in place
pertaining to Syria remain in place and no new controls have been
added. Therefore, this regulation is issued in final form. In addition,
the Department finds good cause under 5 U.S.C. 553(d)(3) to waive the
30-day delay in effectiveness. The controls at issue have been in
effect since 2004 and the public has been expected to be in compliance
with the provisions since that time. Thus, because the controls on
Syria are not changed by this rule, there is no need to delay the
effectiveness of the rule to allow the regulated public time to come
into compliance. Accordingly, this regulation is made effective
immediately upon publication.
No other law requires that a notice of proposed rulemaking and an
opportunity for public comments be given for this final rule. Because a
notice of proposed rulemaking and an opportunity for public comment are
not required to be given for this rule under the Administrative
Procedure Act or by any other law, the analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable.
List of Subjects
15 CFR Parts 732 and 740
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Parts 736 and 738
Exports.
15 CFR Part 742
Exports, Terrorism.
15 CFR Part 746 and 774
Exports, Reporting and recordkeeping requirements.
Accordingly, parts 732, 736, 738, 740, 742, 746 and 774 of the
Export Administration Regulations (15 CFR parts 730-774) are amended as
follows:
PART 732--[AMENDED]
0
1. The authority citation for 15 CFR part 732 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 12, 2011 (76
FR 50661 (Aug. 16, 2011)).
Sec. 732.1 [Amended]
0
2. Section 732.1 is amended by:
0
a. Removing the phrase ``, and Three (Foreign-Produced Direct Product
Reexports) for all countries except: Cuba, Iran, and North Korea.'' in
the next to last sentence of paragraph (d)(2) and adding in its place
``, and Three (Foreign-Produced Direct Product Reexports) for all
countries except: Cuba, Iran, North Korea, and Syria.''; and
0
b. Removing the parenthetical phrase ``(e.g., Cuba, Iran, and North
Korea)'' in paragraph (d)(3) and adding in its place ``(e.g., Cuba,
Iran, North Korea and Syria)''.
0
3. Section 732.3 is amended by revising paragraphs (d)(4) and (i) to
read as follows:
Sec. 732.3 Steps regarding the ten general prohibitions.
* * * * *
(d) * * *
(4) Destinations subject to embargo and other special controls
provisions. The Country Chart does not apply to Cuba, Iran, North
Korea, and Syria. For those countries you should review the provisions
at part 746 of the EAR and may skip this step concerning the Country
Chart. For Iraq and Rwanda, the Country Chart provides for certain
license requirements, and part 746 of the EAR provides additional
requirements.
* * * * *
(i) Step 14: Embargoed countries and special destinations. If your
destination for any item is Cuba, Iran, Iraq, North Korea, Rwanda, or
Syria you must consider the requirements of parts 742 and 746 of the
EAR. Unless otherwise indicated, General Prohibition Six (Embargo)
applies to all items subject to the EAR, i.e. both items on the CCL and
within EAR99. You may not make an export or reexport contrary to the
provisions of part 746 of the EAR without a license unless:
* * * * *
PART 736--[AMENDED]
0
4. The authority citation for 15 CFR part 736 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. 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, 3 CFR, 2004 Comp.,
p. 168; Notice of August 12, 2011 (76 FR 50661 (Aug. 16, 2011));
Notice of November 4, 2010, 75 FR 68673 (November 8, 2010).
0
5. Supplement No. 1 to part 736--General Order No. 2--is revised to
read as follows:
Supplement No. 1 to Part 736--General Orders
* * * * *
General Order No. 2; Section 5(b) of the Syria Accountability
and Lebanese Sovereignty Restoration Act of 2003 (SAA) gives the
President authority to waive the application of certain prohibitions
set forth in the SAA if the President determines that it is in the
national security interest of the United States to do so. The
President made such a determination in Executive Order 13338,
finding that it was ``in the national security interest of the
United States to waive application of subsection 5(a)(1) and
5(a)(2)(A) of the SAA so as to permit the exportation or
reexportation of certain items as specified in the Department of
Commerce's General Order No. 2.'' The President's reference to
General Order No. 2 addresses applications to export and reexport
the following items, which are considered on a case-by-case basis as
opposed to the general policy of denial set forth in section 746.9
of the Regulations: items in support of activities, diplomatic or
otherwise, of the United States Government (to the extent that
regulation of such exportation or reexportation would not fall
within the President's constitutional authority to conduct the
nation's foreign affairs); medicine (on the CCL) and medical devices
(both as defined in part 772 of the EAR); parts and components
intended to ensure the safety of civil aviation and the safe
operation of commercial passenger aircraft; aircraft chartered by
the Syrian Government for the transport of Syrian Government
officials on official Syrian Government business; telecommunications
equipment and associated computers, software and technology; and
items in support of United Nations operations in Syria. The total
dollar value of each approved license for aircraft parts for flight
safety normally will be limited to no more than $2 million over the
24-month standard license term, except in the case of complete
overhauls.
Note to General Order No. 2: The controls for exports and
reexports to Syria are set forth in Sec. 746.9 of the EAR.
* * * * *
PART 738--[AMENDED]
0
6. The authority citation for 15 CFR part 738 continues to read as
follows:
[[Page 77117]]
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; 15 U.S.C. 1824a; 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 12, 2011 (76 FR 50661 (Aug. 16, 2011)).
0
7. Supplement No. 1 to part 738--Commerce Country Chart--is amended by
revising the sentence that appears in the entry for ``Syria'' to read
``See Sec. 746.9 of the EAR to determine whether a license is required
in order to export or reexport to this destination.''
PART 740--[AMENDED]
0
8. 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 12, 2011 (76 FR 50661 (Aug. 16, 2011)).
0
9. Section 740.2 is amended by revising paragraph (a)(6) to read as
follows:
Sec. 740.2 Restriction on all License Exceptions.
(a) * * *
(6) The export or reexport is to a sanctioned destination (Cuba,
Iran, North Korea, and Syria), unless a license exception or portion
thereof is specifically listed in the license exceptions paragraph
pertaining to a particular sanctioned country in part 746 of the EAR.
* * * * *
0
10. Section 740.9 is amended by:
0
(a) Revising the heading and first sentence of paragraph (a)(2)(i)(A)
to read as set forth below.
0
(b) Removing the clause in paragraph (a)(2)(viii)(A), ``to Country
Groups D:1 or E:2, or Sudan (see supplement No. 1 to part 740) if the
commodities:'', and adding in its place ``to Country Groups D:1 or E:2,
Sudan, or Syria (see Supplement No. 1 to part 740) if the
commodities:''
Sec. 740.9 Temporary imports, exports, and reexports (TMP).
(a) * * *
(2) * * *
(i) * * *
(A) Destinations other than Country Group E:2, Sudan or Syria.
Exports and reexports of tools of trade for use by the exporter or
employees of the exporter may be made only to destinations other than
Country Group E:2, Sudan, or Syria. * * *
* * * * *
PART 742--[AMENDED]
0
11. The authority citation for 15 CFR part 742 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
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, Pub. L. 108-11, 117 Stat. 559; E.O. 12058, 43
FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR,
1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential Determination
2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; Notice of August
12, 2011 (76 FR 50661 (Aug. 16, 2011)); Notice of November 4, 2010,
75 FR 68673 (November 8, 2010).
0
12. Section 742.1 is amended by revising the last sentence of paragraph
(d) to read as follows:
Sec. 742.1 Introduction.
* * * * *
(d) * * * If you are exporting or reexporting to Cuba, Iran, North
Korea, or Syria, you should review part 746 of the EAR, Embargoes and
Other Special Controls.
* * * * *
0
13. Section 742.9 is amended by revising paragraph (e) to read as
follows:
Sec. 742.9 Anti-terrorism: Syria.
* * * * *
(e) Section 746.9 (Syria) of the EAR sets forth the export and
reexport controls for Syria. Section 746.9 supersedes the provisions of
paragraphs (a) through (d) of this section.
PART 746--[AMENDED]
0
14. The authority citation for 15 CFR part 746 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. 287c; Sec 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C.
6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR
36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR,
1994 Comp., p. 899; E.O. 13222, 3 CFR, 2001 Comp., p. 783;
Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May
16, 2003; Presidential Determination 2007-7 of December 7, 2006, 72
FR 1899 (January 16, 2007); August 12, 2011 (76 FR 50661 (Aug. 16,
2011)).
0
15. Section 746.1 is amended by revising paragraph (a) introductory
text and adding paragraph (a)(3) to read as follows:
Sec. 746.1 Introduction.
* * * * *
(a) Comprehensive controls. This part contains or refers to all the
BIS licensing requirements, licensing policies, and License Exceptions
for countries subject to general embargoes or comprehensive sanctions,
currently Cuba, Iran, and Syria. This part is the focal point for all
the EAR requirements for transactions involving these countries.
* * * * *
(3) Syria. Pursuant to Sections 5(a)(1) and 5(a)(2)(A) of the Syria
Accountability and Lebanese Sovereignty Restoration Act of 2003 (Pub.
L. 108-175, codified as a note to 22 U.S.C. 2151) (the SAA), since May
14, 2004 BIS has maintained a prohibition on the export to Syria of all
items on the Commerce Control List (in 15 CFR part 774) (CCL) and a
prohibition on the export to Syria of products of the United States,
other than food and medicine. The President also exercised national
security waiver authority pursuant to Section 5(b) of the SAA for
certain transactions. Section 746.9 of this part sets forth the
specific license requirements, licensing policy and license exceptions
applicable to Syria as a sanctioned country under the EAR. These
provisions were issued consistent with Executive Order 13338 of May 11,
2004 which implemented the SAA.
* * * * *
0
16. Section 746.9 is revised to read as follows:
Sec. 746.9 Syria.
Sections 5(a)(1) and 5(a)(2)(A) of the Syria Accountability and
Lebanese Sovereignty Restoration Act of 2003 (Pub. L. 108-175, codified
as a note to 22 U.S.C. 2151) (the SAA) require a prohibition on the
export to Syria of all items on the Commerce Control List (in 15 CFR
part 774) (CCL) and a prohibition on the export to Syria of products of
the United States, other than food and medicine. The President also
exercised national security waiver authority pursuant to Section 5(b)
of the SAA for certain transactions. The provisions in this section
were issued consistent with Executive Order 13338 of May 11, 2004 which
implemented the SAA.
(a) License requirements. A license is required for the export or
reexport to Syria of all items subject to the EAR, except food and
medicine classified as EAR99 (food and medicine are defined in part 772
of the EAR). A license is required for the ``deemed export'' and
``deemed reexport,'' as described in Sec. 734.2(b) of the EAR, of any
technology or source code on the Commerce Control List (CCL) to a
Syrian foreign
[[Page 77118]]
national. ``Deemed exports'' and ``deemed reexports'' to Syrian foreign
nationals involving technology or source code subject to the EAR but
not listed on the CCL do not require a license.
(b) License Exceptions. No License Exceptions to the license
requirements set forth in paragraph (a) of this section are available
for exports or reexports to Syria, except the following:
(1) TMP for items for use by the news media as set forth in Sec.
740.9(a)(2)(viii) of the EAR,
(2) GOV for items for personal or official use by personnel and
agencies of the U.S. Government as set forth in Sec. 740.11(b)(2)(i)
and (ii) of the EAR,
(3) TSU for operation technology and software, sales technology,
and software updates pursuant to the terms of Sec. 740.13(a), (b), or
(c) of the EAR,
(4) BAG for exports of personally-owned items by individuals
leaving the United States as personal baggage pursuant to the terms of
Sec. 740.14(a) through (d), only, of the EAR, and
(5) AVS for the temporary sojourn of civil aircraft reexported to
Syria pursuant to the terms of Sec. 740.15(a)(4) of the EAR.
(c) Licensing policy. (1) Except as described in this paragraph
(c), all license applications for export or reexport to Syria are
subject to a general policy of denial. License applications for
``deemed exports'' and ``deemed reexports'' of technology and source
code will be reviewed on a case-by-case basis. BIS may consider, on a
case-by-case basis, license applications for exports and reexports of
items necessary to carry out the President's constitutional authority
to conduct U.S. foreign affairs and as Commander-in-Chief, including
exports and reexports of items necessary for the performance of
official functions by the United States Government personnel abroad.
(2) BIS may also consider the following license applications on a
case-by-case basis: items in support of activities, diplomatic or
otherwise, of the United States Government (to the extent that
regulation of such exportation or reexportation would not fall within
the President's constitutional authority to conduct the nation's
foreign affairs); medicine (on the CCL) and medical devices (both as
defined in part 772 of the EAR); parts and components intended to
ensure the safety of civil aviation and the safe operation of
commercial passenger aircraft; aircraft chartered by the Syrian
Government for the transport of Syrian Government officials on official
Syrian Government business; telecommunications equipment and associated
computers, software and technology; and items in support of United
Nations operations in Syria. The total dollar value of each approved
license for aircraft parts for flight safety normally will be limited
to no more than $2 million over the 24-month standard license term,
except in the case of complete overhauls.
(3) In addition, consistent with part 734 of the EAR, the following
are not subject to the EAR and therefore not subject to this General
Order: informational materials in the form of books and other media;
publicly available software and technology; and technology exported in
the form of a patent application or an amendment, modification, or
supplement thereto or a division thereof (see 15 CFR 734.3(b)(1)(v),
(b)(2) and (b)(3)).
Note to Sec. 746.9: For administrative reasons, BIS continues
to maintain provisions in General Order No. 2, Supplement No. 1 to
part 736 of the EAR relating to the President's waiver of certain
prohibitions. This section contains all of the substantive controls
against Syria, including the waiver-related provisions maintained in
General Order No. 2.
PART 774--[AMENDED]
0
17. The authority citation for 15 CFR part 774 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 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; 15 U.S.C. 1824a; 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 12, 2011 (76 FR 50661 (Aug. 16, 2011)).
0
18. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals, ``Micro
Organisms,'' and ``Toxins''--Export Control Classification Number
(ECCN) 1C350 is amended by revising the AT paragraph in the License
Requirements section to read as follows:
Supplement No. 1 to Part 774--Commerce Control List
* * * * *
1C350 Chemicals that may be used as precursors for toxic chemical
agents.
License Requirements
* * * * *
AT applies to entire entry. The Commerce Country Chart is not
designed to determine licensing requirements for items controlled
for AT reasons in 1C350. A license is required, for AT reasons, to
export or reexport items controlled by 1C350 to a country in Country
Group E:1 of Supplement No. 1 to part 740 of the EAR. (See part 742
of the EAR for additional information on the AT controls that apply
to Iran, North Korea, Sudan, and Syria. See part 746 of the EAR for
additional information on sanctions that apply to Cuba, Iran, North
Korea, and Syria.)
* * * * *
0
19. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals, ``Micro
Organisms,'' and ``Toxins''--Export Control Classification Number
(ECCN) 1C355 is amended by revising the Control(s) paragraphs in the
License Requirements section to read as follows:
1C355 Chemical Weapons Convention (CWC) Schedule 2 and 3 chemicals and
families of chemicals not controlled by ECCN 1C350 or by the Department
of State under the ITAR.
License Requirements
* * * * *
Control(s): CW applies to entire entry. The Commerce Country Chart
is not designed to determine licensing requirements for items
controlled for CW reasons. A license is required to export or reexport
CWC Schedule 2 chemicals and mixtures identified in 1C355.a to States
not Party to the CWC (destinations not listed in Supplement No. 2 to
part 745 of the EAR). A license is required to export CWC Schedule 3
chemicals and mixtures identified in 1C355.b to States not Party to the
CWC, unless an End-Use Certificate issued by the government of the
importing country is obtained by the exporter, prior to export. A
license is required to reexport CWC Schedule 3 chemicals and mixtures
identified in 1C355.b from a State not Party to the CWC to any other
State not Party to the CWC. (See Sec. 742.18 of the EAR for license
requirements and policies for toxic and precursor chemicals controlled
for CW reasons.)
AT applies to entire entry. The Commerce Country Chart is not
designed to determine licensing requirements for items controlled for
AT reasons in 1C355. A license is required, for AT reasons, to export
or reexport items controlled by 1C355 to a country in Country Group E:1
of Supplement No. 1 to part 740 of the EAR. (See part 742 of the EAR
for additional information on the AT controls that apply to Iran, North
Korea, Sudan, and Syria. See part 746 of the EAR for additional
information on sanctions that apply to Cuba, Iran, North Korea, and
Syria.)
* * * * *
[[Page 77119]]
0
20. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals, ``Micro
Organisms,'' and ``Toxins''--Export Control Classification Number
(ECCN) 1C395 is amended by revising the AT paragraph in the License
Requirements section to read as follows:
1C395 Mixtures and Medical, Analytical, Diagnostic, and Food Testing
Kits Not Controlled by ECCN 1C350, as Follows (See List of Items
Controlled).
License Requirements
* * * * *
AT applies to entire entry. The Commerce Country Chart is not
designed to determine licensing requirements for items controlled for
AT reasons in 1C395. A license is required, for AT reasons, to export
or reexport items controlled by 1C395 to a country in Country Group E:1
of Supplement No. 1 to part 740 of the EAR. (See part 742 of the EAR
for additional information on the AT controls that apply to Iran, North
Korea, Sudan, and Syria. See part 746 of the EAR for additional
information on sanctions that apply to Cuba, Iran, North Korea, and
Syria.)
* * * * *
Dated: December 5, 2011.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2011-31682 Filed 12-9-11; 8:45 am]
BILLING CODE 3510-33-P
