Export and Reexport Controls to Rwanda and United Nations Sanctions Under the Export Administration Regulations, 42973-42980 [2012-17757]
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Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations
crack. Remove any surface rust with a wire
brush or steel wool.
(2) If there is a crack, pitting, or corrosion,
before further flight, replace the mast with an
airworthy mast.
(3) Within 10 days, report any findings of
a crack, pitting, or corrosion to the address
listed in paragraph (g)(1) of this AD. Include
the number of hours TIS and calendar time
since the last overhaul and inspection of the
mast and the restricted category type of the
helicopter.
telephone (562) 627–5228; email
john.cecil@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
14 CFR part 91, subpart K, we suggest that
you notify your principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office or
certificate holding district office before
operating any aircraft complying with this
AD through an AMOC.
mstockstill on DSK4VPTVN1PROD with RULES
(f) Paperwork Reduction Act Burden
Statement
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject to
a penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork Reduction
Act unless that collection of information
displays a current valid OMB Control
Number. The OMB Control Number for this
information collection is 2120–0056. Public
reporting for this collection of information is
estimated to be approximately 5 minutes per
response, including the time for reviewing
instructions, completing and reviewing the
collection of information. All responses to
this collection of information are mandatory.
Comments concerning the accuracy of this
burden and suggestions for reducing the
burden should be directed to the FAA at: 800
Independence Ave. SW., Washington, DC
20591, Attn: Information Collection
Clearance Officer, AES–200.
(g) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Los Angeles Aircraft
Certification Office, FAA, may approve
AMOCs for this AD. Send your proposal to:
John Cecil, Aviation Safety Engineer, Los
Angeles Aircraft Certification Office,
Transport Airplane Directorate, FAA, 3960
Paramount Blvd., Lakewood, CA 90712;
VerDate Mar<15>2010
16:44 Jul 20, 2012
Jkt 226001
(h) Additional Information
(1) Arrow Falcon Exporters, Inc., Alert
Service Bulletin: 2012–58–01, Revision 1,
dated February 20, 2012, which is not
incorporated by reference, contains more
information about the subject of this AD.
(2) For service information identified in
this AD, contact Arrow Falcon Exporters,
Inc., 2081 South Wildcat Way, Porterville,
CA 93257; telephone (559) 781–8604; fax
(559) 781–9271; email afe@arrowfalcon.com.
(2) You may review the service information
at the FAA, Office of the Regional Counsel,
Southwest Region, 2601 Meacham Blvd.,
Room 663, Fort Worth, Texas 76137.
(i) Subject
Joint Aircraft Service Component (JASC)
Code: 6300: Main Rotor Drive.
Issued in Fort Worth, Texas, on July 5,
2012.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft
Certification Service.
[FR Doc. 2012–17279 Filed 7–20–12; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 732, 738, 746, and 774
[Docket No. 110725414–1480–01]
RIN 0694–AF31
Export and Reexport Controls to
Rwanda and United Nations Sanctions
Under the Export Administration
Regulations
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
In this final rule, the Bureau
of Industry and Security (BIS) amends
the Export Administration Regulations
(EAR) to implement United Nations
Security Council Resolution (UNSCR)
1823 (2008), which, among other things,
terminated sanctions against Rwanda
concerning ‘‘arms and related materiel’’
imposed in 1994 pursuant to UNSCR
918. This rule includes conforming
changes in the EAR related to the
termination of the United Nations
embargo on ‘‘arms and related materiel’’
against Rwanda, including the removal
of machetes from the Commerce Control
List (CCL). Further, BIS amends Part 746
(Embargoes and Other Special Controls)
of the EAR to require a license to export
or reexport certain items to countries
subject to United Nations Security
Council arms embargoes. A presumptive
denial policy will apply to applications
to export or reexport items that are
SUMMARY:
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as shown in area E of figure 1 to paragraph
(e) of this AD for pitting, corrosion, or a
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Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations
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controlled for UN reasons and that
would contravene a United Nations
Security Council arms embargo.
DATES: This rule is effective July 23,
2012.
FOR FURTHER INFORMATION CONTACT:
Susan Kramer, Foreign Policy Division,
Office of Nonproliferation and Treaty
Compliance, Bureau of Industry and
Security, U.S. Department of Commerce,
Telephone (202) 482–4252 or Email
Susan.Kramer@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The arms embargo against Rwanda
was initially imposed through United
Nations Security Council Resolution
(UNSCR) 918 on May 17, 1994, and was
continued through subsequent
resolutions, including UNSCR 1011 on
August 16, 1995. The embargo was
implemented in the EAR on August 8,
1994 (59 FR 40235), most recently in
§ 746.8 of the EAR. The United Nations
Security Council terminated the arms
embargo against Rwanda on July 10,
2008, via UNSCR 1823. Accordingly,
this rule removes the United Nations
Embargo (UN) controls on Rwanda by
removing Rwanda from Part 746. BIS
also makes conforming changes related
to the removal of UN controls on
Rwanda in § 732.3, Supplement No. 1 to
Part 738 and Supplement No.1 to Part
774 of the EAR.
One of the conforming changes is the
removal of machetes from Export
Control Classification Number (ECCN)
0A988. Machetes were added to the CCL
when BIS in 1994 (then called the
Bureau of Export Administration)
implemented the United Nations
Security Council arms embargo against
Rwanda by way of Executive Order
12918 (59 FR 40235 (Aug. 8, 1994)).
Because this rule removes the UN
controls imposed against Rwanda and
because machetes were added to the
CCL to address concerns with their use
in Rwanda in particular, BIS is
removing machetes from the CCL.
In this final rule, BIS also amends
§ 746.1(b) to require a license for the
export or reexport of items controlled
for ‘‘UN’’ reasons to countries subject to
United Nations Security Council arms
embargoes. Paragraph (b)(2) lists all the
countries subject to United Nations
Security Council arms embargoes.
Paragraph (b)(3) states that, to the extent
consistent with United States national
security and foreign policy interests,
and pursuant to revised paragraph (b) of
§ 746.1, BIS will not approve
applications to export or reexport items
with a UN reason for control to
countries subject to United Nations
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Jkt 226001
Security Council arms embargoes if
such authorizations would be contrary
to the relevant United Nations Security
Council Resolutions. Paragraph (b)(4)
provides that the availability of license
exceptions to countries listed in
§ 746.1(b)(2) is restricted to License
Exception GOV § 740.11(b)(2)(i) and (ii).
The rule also clarifies the UN embargo
provisions for Iraq and North Korea
under the EAR by including crossreferences to § 746.3 (Iraq) and § 746.4
(North Korea).
Export Administration Act
Since August 21, 2001, the Export
Administration Act of 1979, as
amended, has been in lapse. However,
the President has continued the EAR in
effect under the International
Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) 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 Fed. Reg. 50661
(Aug. 16, 2011)). BIS continues to carry
out the provisions of the Act, as
appropriate and to the extent permitted
by law, pursuant to Executive Order
13222.
This action is taken after consultation
with the Secretary of State. BIS
submitted a foreign policy report to the
Congress indicating the imposition of
new foreign policy controls on June 28,
2012.
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 determined to be not
significant for purposes of Executive
Order 12866.
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
involves a collection of information
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subject to the PRA. This collection has
been approved by the Office of
Management and Budget under control
number 0694–0088, ‘‘Multi-Purpose
Application,’’ which carries a burden
hour estimate of 58 minutes to prepare
and submit form BIS–748. Total burden
hours associated with the PRA and
OMB control number 0694–0088 are not
expected to increase as a result of this
rule.
3. This rule does not contain policies
with Federalism implications as that
term is defined under Executive Order
13132.
4. Pursuant to 5 U.S.C. 553(a)(1), the
provisions of the Administrative
Procedure Act requiring notice of
proposed rulemaking, the opportunity
for public participation, and a delay in
effective date, are inapplicable because
this regulation involves a military or
foreign affairs function of the United
States. (See 5 U.S.C. 553(a)(1)). This
final rule implements U.S. multilateral
commitments concerning United
Nations Security Council arms
embargoes. The sanctions against
Rwanda were initially implemented in
part to fulfill U.S. obligations to
implement the United Nations Security
Council’s arms embargo against
Rwanda. Consistent with the United
Nations Security Council’s actions
lifting the arms embargo and U.S.
obligations thereunder, BIS is removing
the sanctions imposed against Rwanda
under the EAR. In addition, in this rule,
BIS amends the EAR to require a license
to export or reexport certain items to
countries subject to United Nations
arms embargoes. To the extent
consistent with United States national
security and foreign policy interests, BIS
will not approve such license
applications if such authorizations
would be contrary to relevant United
Nations Security Council Resolutions.
In light of United States commitments,
BIS implements this approach pursuant
to the existing licensing provisions and
policies set out in Part 742 of the EAR
and pursuant to revised § 746.1(b),
which sets out countries subject to
United Nations Security Council arms
embargoes. No other law requires that a
notice of proposed rulemaking and an
opportunity for public comment be
given for this rule. Because a notice of
proposed rulemaking and an
opportunity for public comment are not
required to be given for this rule by 5
U.S.C. 553, or by any other law, the
analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are not applicable. Therefore,
this regulation is issued in final form
and is made effective immediately upon
publication.
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Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations
List of Subjects
15 CFR Part 732
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 738
Exports.
15 CFR Parts 746 and 774
Exports, Reporting and recordkeeping
requirements.
Accordingly, parts 732, 738, 746 and
774 of the Export Administration
Regulations (15 CFR parts 730–774) are
amended as follows:
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 Fed. Reg. 50661 (Aug.
16, 2011).
2. Section 732.3 is amended
a. By removing the phrase ‘‘and
Rwanda’’ from paragraph (d)(4); and
■ c. By revising paragraph (i)
introductory text to read as follows:
■
■
*
*
*
*
(i) Step 14: Embargoed countries and
special destinations. If your destination
for any item is Cuba, Iran, Iraq, North
Korea, 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. See § 746.1(b) for destinations
subject to limited sanctions under
United Nations Security Council arms
embargoes. You may not make an export
or reexport contrary to the provisions of
part 746 of the EAR without a license
unless:
*
*
*
*
*
PART 738—[AMENDED]
3. 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
Fed. Reg. 50661 (Aug. 16, 2011).
18:14 Jul 20, 2012
Jkt 226001
[Removed and Reserved]
7. Remove and reserve § 746.8.
[Reason for Control]
PART 774—[AMENDED]
*
*
*
*
*
See § 746.1(b) for United Nations Security
Council Sanctions under the EAR. See
§ 746.3 for United Nations Security Councilrelated license requirements for exports and
reexports to Iraq or transfer within Iraq under
the EAR, as well as regional stability
licensing requirements not included in the
Country Chart.
*
*
*
*
*
PART 746—[AMENDED]
5. The authority citation for 15 CFR
Part 746 continues to read as follows:
*
§ 746.8
Supplement No. 1 To Part 738
■
§ 732.3 Steps regarding the ten general
prohibitions.
foreign policy interests, BIS will not
approve applications for such licenses if
the authorization would be contrary to
the relevant United Nations Security
Council Resolution.
(4) You may not use any License
Exception to export items subject to UN
arms embargo controls to countries
listed in 746.1(b)(2), except License
Exception GOV § 740.11(b)(2)(i) and (ii).
*
*
*
*
*
■
1
PART 732—[AMENDED]
VerDate Mar<15>2010
4. Supplement No. 1 to Part 738 is
amended
■ a. By removing the footnote
designation ‘‘1’’ from the country
‘‘Rwanda’’;
■ b. By adding the footnote designation
‘‘1’’ to ‘‘Cote d’Ivoire,’’ ‘‘Congo
(Democratic Republic of),’’ ‘‘Eritrea,’’
‘‘Iran,’’ ‘‘Lebanon,’’ ‘‘Liberia,’’ ‘‘Libya,’’
‘‘Korea, North,’’ ‘‘Somalia,’’ and
‘‘Sudan’’; and
■ c. By revising footnote 1 to the
Supplement 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); Notice of August 12, 2011, 76 FR
50661 (August 16, 2011).
■
6. Revise § 746.1(b) to read as follows:
§ 746.1
Introduction
*
*
*
*
*
(b) Sanctions on selected categories of
items to specific destinations. (1) BIS
controls the export and reexport of
selected categories of items to countries
under United Nations Security Council
arms embargoes. See the Commerce
Control List in Supplement No. 1 to Part
774. See also §§ 746.3 (Iraq) and 746.4
(North Korea).
(2) The countries subject to United
Nations Security Council arms
embargoes are: Cote d’Ivoire (Ivory
Coast), Democratic Republic of the
Congo, Eritrea, Iran, Iraq, Lebanon,
Liberia, Libya, North Korea, Somalia,
and Sudan.
(3) A license is required to export or
reexport items identified in Part 774 as
having a ‘‘UN’’ reason for control to
countries identified in paragraph (b)(2)
of this section. To the extent consistent
with United States national security and
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8. 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 (August 16, 2011).
8. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
0—Nuclear Materials, Facilities, and
Equipment [and Miscellaneous Items]—
Export Control Classification Number
(ECCN) 0A018 is amended:
■ a. By revising the UN ‘‘Control(s)’’
paragraph in the ‘‘License
Requirements’’ section;
■ b. By revising the ‘‘LVS’’ paragraph in
the ‘‘License Exceptions’’ section; and
■ c. By removing paragraph (1) from the
‘‘Related Controls’’ paragraph in the
‘‘List of Items Controlled’’ section.
The revisions read as follows:
■
Supplement No. 1 To Part 774—The
Commerce Control List
*
*
*
*
*
0A018 Items on the Wassenaar Munitions
List.
License Requirements
Reason for Control: * * *
Control(s)
Country chart
*
*
UN applies to entire
entry.
*
*
*
See § 746.1(b) for UN
controls.
License Exceptions
LVS: $5,000 for 0A018.a
$3,000 for 0A018.b
$1,500 for 0A018.c and .d
*
*
*
*
List of Items Controlled
Unit: * * *
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Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations
Related Controls: See 0A979, 0A988, and
22 CFR 121.1 Categories I(a), III(b–d), and
X(a).
*
*
*
*
*
9. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
0—Nuclear Materials, Facilities, and
Equipment [and Miscellaneous Items]—
Export Control Classification Number
(ECCN) 0A918 is amended:
■ a. By revising the UN ‘‘Control(s)’’
paragraph in the ‘‘License
Requirements’’ section; and
■ b. By revising the ‘‘LVS’’ paragraph in
the ‘‘License Exceptions’’ section to read
as follows:
■
Supplement No. 1 To Part 774—The
Commerce Control List
*
*
*
*
*
0A918 Miscellaneous Military Equipment
Not on the Wassenaar Munitions List.
License Requirements
Reasons for Control: * * *
Control(s)
*
*
UN applies to entire
entry.
*
*
*
*
■ 10. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
0—Nuclear Materials, Facilities, and
Equipment [and Miscellaneous Items]—
Export Control Classification Number
(ECCN) 0A919 is amended by removing
the UN ‘‘Control(s)’’ paragraph from the
License Requirements section.
■ 11. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
0—Nuclear Materials, Facilities, and
Equipment [and Miscellaneous Items]—
Export Control Classification Number
(ECCN) 0A984 is amended by revising
the UN ‘‘Control(s)’’ paragraph in the
License Requirements section to read as
follows:
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*
0A984 Shotguns with barrel length 18
inches (45.72 cm) or over; receivers;
barrels of 18 inches (45.72 cm) or longer
but not longer than 24 inches (60.96 cm);
complete trigger mechanisms;
magazines and magazine extension
tubes; complete breech mechanisms;
buckshot shotgun shells; except
equipment used exclusively to treat or
tranquilize animals, and except arms
designed solely for signal, flare, or
saluting use.
18:14 Jul 20, 2012
Jkt 226001
*
*
See § 746.1(b) for UN
controls.
*
*
*
*
12. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
0—Nuclear Materials, Facilities, and
Equipment [and Miscellaneous Items]—
Export Control Classification Number
(ECCN) 0A985 is amended by revising
the UN ‘‘Control(s)’’ paragraph in the
‘‘License Requirements’’ section to read
as follows:
License Requirements
Reason for Control: * * *
Control(s)
Country chart
■
0A985 Discharge type arms and devices to
administer electric shock for example,
stun guns, shock batons, shock shields,
electric cattle prods, immobilization
guns and projectiles; except equipment
used exclusively to treat or tranquilize
animals, and except arms designed
solely for signal, flare, or saluting use;
and parts, n.e.s.
Control(s)
*
*
UN applies to entire
entry.
License Requirements
Reason for Control: * * *
*
0A987 Optical sighting devices for firearms
(including shotguns controlled by
0A984); and parts (See list of items
controlled).
*
*
*
See § 746.1(b) for UN
controls.
License Exceptions
LVS: $5,000 for 0A918.a
$1,500 for 0A918.b
VerDate Mar<15>2010
*
*
UN applies to entire
entry.
Country chart
License Requirements
Reason for Control: * * *
Country chart
*
Control(s)
*
*
See § 746.1(b) for UN
controls.
*
*
*
*
*
13. In Supplement No. 1 to Part 774
(the Commerce Control list), Category
0—Nuclear Materials, Facilities, and
Equipment [and Miscellaneous Items]—
Export Control Classification Number
(ECCN) 0A986 is amended by revising
the UN ‘‘Control(s)’’ paragraph in the
‘‘License Requirements’’ section to read
as follows:
■
0A986 Shotgun shells except buckshot
shotgun shells, and parts.
License Requirements
Reason for Control: * * *
Control(s)
*
*
UN applies to entire
entry.
*
*
See § 746.1(b) for UN
controls.
*
*
*
*
*
14. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 0
Nuclear Materials, Facilities and
Equipment [and Miscellaneous Items]—
Export Control Classification Number
(ECCN) 0A987 is amended by revising
the UN ‘‘Control(s)’’ paragraph in the
‘‘License Requirements’’ to read as
follows:
■
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*
*
See § 746.1(b) for UN
controls.
*
*
*
*
*
15. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 0
Nuclear Materials, Facilities and
Equipment [and Miscellaneous Items]—
Export Control Classification Number
(ECCN) 0A988 is amended by revising
the Heading and the UN ‘‘Control(s)’’
paragraph in the ‘‘License
Requirements’’ to read as follows:
■
0A988 Conventional military steel helmets
as described by 0A018.d.1.
UN applies to entire
entry.
See § 746.1(b) for UN
controls.
*
*
*
*
*
16. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
0—Nuclear Materials, Facilities, and
Equipment [and Miscellaneous Items]—
Export Control Classification Number
(ECCN) 0B986 is amended by revising
the UN ‘‘Control(s)’’ paragraph in the
‘‘License Requirements’’ section to read
as follows:
■
0B986 Equipment specially designed for
manufacturing shotgun shells; and
ammunition hand-loading equipment
for both cartridges and shotgun shells.
License Requirements
Reason for Control: * * *
Control(s) * * *
Country chart
*
*
License Requirements
Reason for Control: * * *
Country chart
*
*
*
UN applies to entire
entry.
Sfmt 4700
UN applies to entire
entry.
*
See § 746.1(b) for UN
controls.
*
*
*
*
17. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
0—Nuclear Materials, Facilities, and
Equipment [and Miscellaneous Items]—
Export Control Classification Number
(ECCN) 0E018 is amended:
■ a. By revising the UN ‘‘Control(s)’’
paragraph in the ‘‘License
Requirements’’ section; and
■ b. By revising the ‘‘TSR’’ paragraph in
the ‘‘License Exceptions’’ section to read
as follows:
■
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0E018 ‘‘Technology’’ for the
‘‘Development,’’ ‘‘Production,’’ or ‘‘Use’’
of Items Controlled by 0A018.a Through
0A018.c.
License Requirements
Reason for Control: * * *
Control(s)
Country chart
*
*
UN applies to entire
entry.
*
*
*
*
*
*
*
See § 746.1(b) for UN
controls.
*
*
*
*
TSR: Yes.
*
*
*
*
18. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
0—Nuclear Materials, Facilities, and
Equipment [and Miscellaneous Items]—
Export Control Classification Number
(ECCN) 0E918 is amended by revising
the UN ‘‘Control(s)’’ paragraph in the
‘‘License Requirements’’ section to read
as follows:
0E918 ‘‘Technology’’ for the
’’Development,’’ ‘‘Production,’’ or ‘‘Use’’
of Bayonets.
License Requirements
Reason for Control: * * *
Country chart
*
*
*
See § 746.1(b) for UN
controls.
*
*
*
*
*
■ 19. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
0—Nuclear Materials, Facilities, and
Equipment [and Miscellaneous Items]—
Export Control Classification Number
(ECCN) 0E984 is amended by revising
the UN ‘‘Control(s)’’ paragraph in the
‘‘License Requirements’’ section to read
as follows:
0E984 ‘‘Technology’’ for the
‘‘development’’ or ‘‘production’’ of
shotguns controlled by 0A984 and
buckshot shotgun shells.
mstockstill on DSK4VPTVN1PROD with RULES
UN applies to entire
entry.
Control(s)
*
See § 746.1(b) for UN
controls.
*
*
*
*
20. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
18:14 Jul 20, 2012
Jkt 226001
*
*
*
*
*
*
See § 746.1(b) for UN
controls.
*
*
21. 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)
1A008 is amended:
■ a. By revising the UN ‘‘Control(s)’’
paragraph in the ‘‘License
Requirements’’ section; and
■ b. By revising the ‘‘LVS’’ paragraph in
the ‘‘License Exceptions’’ section to read
as follows:
■
1A008 Charges, devices and components,
as follows (see List of Items Controlled).
*
1C018 Commercial Charges and Devices
Containing Energetic Materials on the
Wassenaar Arrangement Munitions List
and Certain Chemicals as Follows (see
List of Items Controlled).
License Requirements
Reason for Control: * * *
Control(s)
*
*
*
See § 746.1(b) for UN
controls.
*
Country chart
*
Frm 00029
*
*
*
Fmt 4700
License Exceptions
LVS: $3000
*
*
*
*
24. 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)
1D018 is amended:
■ a. By revising the UN ‘‘Control(s)’’
paragraph in the ‘‘License
Requirements’’ section; and
■ b. By revising the ‘‘Related Controls’’
section to read as follows:
■
*
Sfmt 4700
See § 746.1(b) for UN
controls.
*
22. 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)
1B018 is amended:
■ a. By revising the UN ‘‘Control(s)’’
paragraph in the ‘‘License
Requirements’’ section; and
PO 00000
See § 746.1(b) for UN
controls.
Country chart
*
*
UN applies to entire
entry.
*
*
23. 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)
1C018 is amended:
■ a. By revising the UN ‘‘Control(s)’’
paragraph in the ‘‘License
Requirements’’ section; and
■ b. By revising the ‘‘LVS’’ paragraph in
the ‘‘License Exceptions’’ section to read
as follows:
UN applies to entire
entry.
*
*
■
*
Control(s)
*
Country chart
UN applies to entire
entry.
License Requirements
Reason for Control: * * *
■
Country chart
■
*
Country chart
UN applies to entire
entry.
*
*
VerDate Mar<15>2010
Control(s)
License Exceptions
LVS: $3000 for 1B018.a for countries
WITHOUT an ‘‘X’’ in RS Column 2 on the
Country Chart contained in Supplement
No. 1 to part 738 of the EAR;
$5000 for 1B018.b.
License Exceptions
LVS: $3000 for .a through .c;
$6000 for .d.
License Requirements
Reason for Control: * * *
Control(s)
License Requirements
Reason for Control: * * *
*
■
*
*
UN applies to entire
entry.
1B018 Equipment on the Wassenaar
Arrangement Munitions List.
1A005 Body armor, and specially designed
components therefor, not manufactured
to military standards or specifications,
nor to their equivalents in performance.
*
Control(s)
b. By revising the ‘‘LVS’’ paragraph in
the ‘‘License Exceptions’’ section to read
as follows:
■
License Requirements
Reason for Control: * * *
*
License Exceptions
*
1—Special Materials and Related
Equipment, Chemicals, ‘‘Micro
Organisms,’’ and ‘‘Toxins’’—Export
Control Classification Number (ECCN)
1A005 is amended:
■ a. By removing paragraph (3) of the
‘‘Related Controls’’ section; and
■ b. By revising the UN ‘‘Control(s)’’
paragraph in the ‘‘License
Requirements’’ section to read as
follows:
1D018 ‘‘Software’’ specially designed or
modified for the ‘‘development,’’
E:\FR\FM\23JYR1.SGM
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Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations
‘‘production,’’ or ‘‘use’’ of items
controlled by 1B018.
Country chart
a. By revising the UN ‘‘Control(s)’’
paragraph in the ‘‘License
Requirements’’ section; and
■ b. By revising the ’’TSR’’ paragraph in
the ‘‘License Exceptions’’ section to read
as follows:
*
2D018 ‘‘Software’’ for the ‘‘development,’’
‘‘production,’’ or ‘‘use’’ of equipment
controlled 2B018.
■
License Requirements
Reason for Control: * * *
Control(s)
*
*
*
UN applies to entire
entry.
*
*
*
*
See § 746.1(b) for UN
controls.
*
Control(s)
*
Related Controls: N/A
*
*
*
*
*
■ 25. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
2—Materials Processing—Export
Control Classification Number (ECCN)
2B018 is amended:
■ a. By revising the UN ‘‘Control(s)’’
paragraph in the ‘‘License
Requirements’’ section; and
■ b. By revising the ‘‘LVS’’ and ‘‘GBS’’
paragraphs in the ‘‘License Exceptions’’
section to read as follows:
2B018 Equipment on the Wassenaar
Arrangement Munitions List.
License Requirements
Reason for Control: * * *
Control(s)
mstockstill on DSK4VPTVN1PROD with RULES
*
*
UN applies to entire
entry.
Country chart
*
*
*
See § 746.1(b) for UN
controls.
*
*
*
*
*
26. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
2—Materials Processing—Export
Control Classification Number (ECCN)
2D018 is amended:
■
18:14 Jul 20, 2012
Jkt 226001
Country chart
UN applies to entire
entry.
See § 746.1(b) for UN
controls.
License Exceptions
*
*
*
*
*
TSR: Yes.
*
*
*
*
*
27. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
2—Materials Processing—Export
Control Classification Number (ECCN)
2E018 is amended:
■ a. By revising the UN ‘‘Control(s)’’
paragraph in the ‘‘License
Requirements’’ section; and
■ b. By revising the ‘‘TSR’’ paragraph in
the ‘‘License Exceptions’’ section to read
as follows:
■
6A002
License Requirements
Reason for Control: * * *
Control(s)
Country chart
*
*
UN applies to entire
entry.
*
*
*
See § 746.1(b) for UN
controls.
License Exceptions
*
*
*
*
*
TSR: Yes.
*
*
*
*
*
28. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
5—Telecommunications and
‘‘Information Security’’ (Part 1.
Telecommunications) Export Control
Classification Number (ECCN) 5A980
(Devices primarily useful for the
surreptitious interception of wire, oral,
or electronic communications; and parts
and accessories therefor) is amended by
removing the second NOTE, which
refers to Rwanda, in the ‘‘License
Requirements’’ section.
*
*
*
*
*
■ 29. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
5—Telecommunications and
‘‘Information Security’’ (Part I.
Telecommunications) Export Control
■
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
Optical Sensors.
License Requirements
Reason for Control: * * *
2E018 ‘‘Technology’’ for the ‘‘use’’ of
equipment controlled by 2B018.
License Exceptions
LVS: $3000.
GBS: Yes, as follows, except N/A for MTcontrolled items or destinations for which a
license is required for RS reasons: Equipment
used to determine the safety data of
explosives as required by the International
Convention on the Transport of Dangerous
Goods (C.I.M.) Articles 3 and 4 in Annex 1
RID, provided that such equipment will be
used only by the railway authorities of
current C.I.M. members, or by the
Government-accredited testing facilities in
those countries, for the testing of explosives
to transport safety standards, of the following
description:
a. Equipment for determining the ignition
and deflagration temperatures;
b. Equipment for steel-shell tests;
c. Drophammers not exceeding 20 kg in
weight for determining the sensitivity of
explosives to shock;
d. Equipment for determining the friction
sensitivity of explosives when exposed to
charges not exceeding 36 kg in weight.
VerDate Mar<15>2010
License Requirements
Reason for Control: * * *
Classification Number (ECCN) 5D980
(Other ‘‘Software,’’ as Follows (see List
of Items Controlled) is amended by
removing the second NOTE, which
refers to Rwanda, in the ‘‘License
Requirements’’ section.
*
*
*
*
*
■ 30. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
5—Telecommunications and
‘‘Information Security’’ (Part I.
Telecommunications)—Export Control
Classification Number (ECCN) 5E980
(‘‘Technology’’ primarily useful for the
‘‘development,’’ ‘‘production,’’ or ‘‘use’’
of equipment controlled by 5A980) is
amended by removing the NOTE, which
refers to Rwanda, in the ‘‘License
Requirements’’ section.
*
*
*
*
*
■ 31. In Supplement No. 1 to Part 774
(the Commerce Control list), Category 6
Sensors and Lasers—Export Control
Classification Number (ECCN) 6A002 is
amended by revising the UN
‘‘Control(s)’’ paragraph in the ‘‘License
Requirements’’ section to read as
follows:
Control(s)
Country chart
*
*
*
*
*
UN applies to
See § 746.1(b) for UN
6A002.a.1, a.2, a.3
controls.
and c.
*
*
*
*
*
32. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 6
—Sensors and Lasers—Export Control
Classification Number (ECCN) 6A003 is
amended by revising the UN
‘‘Control(s)’’ paragraph in the ‘‘License
Requirements’’ section to read as
follows:
■
6A003
Cameras.
License Requirements
Reason for Control: * * *
Control(s)
Country chart
*
*
*
*
*
UN applies to items
See § 746.1(b) for UN
controlled in
controls.
6A003.b.3 and b.4.
*
*
*
*
*
33. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
6—Sensors and Lasers—Export Control
Classification Number (ECCN) 6E001 is
amended:
■
E:\FR\FM\23JYR1.SGM
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Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations
a. By revising the UN ‘‘Control(s)’’
paragraph in the ‘‘License
Requirements’’ section; and
■ b. By removing paragraph ‘‘(5)’’ in the
‘‘TSR’’ paragraph in the ‘‘License
Exceptions’’ section to read as follows:
■
6E001 ‘‘Technology’’ according to the
general technology note for the
‘‘development’’ of equipment, materials
or ‘‘software’’ controlled by 6A (except
6A991, 6A992, 6A994, 6A995, 6A996,
6A997, or 6A998), 6B (except 6B995), 6C
(except 6C992 or 6C994), or 6D (except
6D991, 60992, or 6D993).
License Requirements
Reason for Control: * * *
Control(s)
Country chart
*
*
*
*
*
UN applies to ‘‘techSee § 746.1(b) for UN
nology’’ for equipcontrols.
ment Controlled by
6A002 or 6A003 for
UN reasons.
*
*
*
*
*
License Exceptions
CIV: * * *
TSR: Yes, except for the following:
(1) Items controlled for MT reasons;
(2) ‘‘Technology’’ for commodities
controlled by 6A002.e, 6A004.e, or 6A008.j.1;
(3) ‘‘Technology’’ for ‘‘software’’ specially
designed for ‘‘space qualified’’ ‘‘laser’’ radar
or Light Detection and Ranging (LIDAR)
equipment defined in 6A008.j.1 and
controlled by 6D001 or 6D002; or
(4) Exports or reexports to destinations
outside of Austria, Belgium, Canada,
Denmark, Finland, France, Germany, Greece,
Ireland, Italy, Japan, Luxembourg, the
Netherlands, Portugal, Spain, Sweden, or the
United Kingdom of ‘‘technology’’ for the
‘‘development’’ of the following: (a) Items
controlled by 6A001.a.1.b, 6A001.a.1.e,
6A001.a.2.a.1, 6A001.a.2.a.2, 6A001.a.2.a.3,
6A001.a.2.a.5, 6A001.a.2.a.6, 6A001.a.2.b,
6A001.a.2.d, 6A001.a.2.e., 6A002.a.1.a,
6A002.a.1.b, 6A002.a.1.c, 6A002.a.2.a,
6A002.a.2.b, 6A002.a.3, 6A002.b, 6A002.c,
6A003.b.3, 6A003.b.4, 6A004.c, 6A004.d,
6A006.a.2, 6A006.c.1, 6A006.d, 6A006.e,
6A008.d, 6A008.h, 6A008.k, 6B008, 6D003.a;
(b) Equipment controlled by 6A001.a.2.c or
6A001.a.2.f when specially designed for real
time applications; or (c) ‘‘Software’’
controlled by 6D001 and specially designed
for the ‘‘development’’ or ‘‘production’’ of
equipment controlled by 6B008, or 6D003.a.
STA: * * *
mstockstill on DSK4VPTVN1PROD with RULES
*
*
*
*
*
34. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
6—Sensors and Lasers—Export Control
Classification Number (ECCN) 6E002 is
amended:
■ a. By revising the UN ‘‘Control(s)’’
paragraph in the ‘‘License
Requirements’’ section; and
■
VerDate Mar<15>2010
18:14 Jul 20, 2012
Jkt 226001
b. By removing paragraph ‘‘(4)’’ in the
‘‘TSR’’ paragraph in the ‘‘License
Exceptions’’ section to read as follows:
■
6E002 ‘‘Technology’’ according to the
general technology note for the
‘‘production’’ of equipment or materials
controlled by 6A (except 6A991, 6A992,
6A994, 6A995, 6A996, 6A997 or 6A998)
6B (except 6B995) or 6C (except 6C992
or 6C994).
Reason for Control: * * *
Control(s)
Country chart
*
*
*
*
*
UN applies to ‘‘techSee § 746.1(b) for UN
nology’’ for equipcontrols.
ment controlled by
6A002 or 6A003 for
UN reasons.
*
*
*
CIV: * * *
TSR: Yes, except for the following:
(1) Items controlled for MT reasons;
(2) ‘‘Technology’’ for commodities
controlled by 6A002.e, 6A004.e, 6A008.j.1; or
(3) Exports or reexports to destinations
outside of Austria, Belgium, Canada,
Denmark, Finland, France, Germany, Greece,
Ireland, Italy, Japan, Luxembourg, the
Netherlands, Portugal, Spain, Sweden, or the
United Kingdom of ‘‘technology’’ for the
‘‘production’’ of the following: (a) Items
controlled by 6A001.a.1.b, 6A001.a.1.e,
6A001.a.2.a.1, 6A001.a.2.a.2, 6A001.a.2.a.3,
6A001.a.2.a.5, 6A001.a.2.a.6, 6A001.a.2.b,
6A002.a.3, 6A002.b, 6A002.c, 6A003.b.3,
6A003.b.4, 6A004.c, 6A004.d, 6A006.a.2,
6A006.c.1, 6A006.d, 6A006.e, 6A008.d,
6A008.h, 6A008.k, 6B008; and (b) Equipment
controlled by 6A001.a.2.c and 6A001.a.2.f
when specially designed for real time
applications.
STA: * * *
*
*
*
*
35. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
8—Marine—Export Control
Classification Number (ECCN) 8A018 is
amended:
■ a. By revising the UN ‘‘Control(s)’’
paragraph in the ‘‘License
Requirements’’ section; and
■ b. By revising the ‘‘LVS’’ paragraph in
the ‘‘License Exceptions’’ section to read
as follows:
■
8A018 Items on the Wassenaar
Arrangement Munitions List.
License Requirements
Reason for Control: * * *
PO 00000
Frm 00031
Fmt 4700
*
*
*
See § 746.1(b) for UN
controls.
License Exceptions
LVS: $5000.
*
*
*
*
*
36. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
8—Marine—Export Control
Classification Number (ECCN) 8A918 is
amended:
■ a. By revising the UN ‘‘Control(s)’’
paragraph in the ‘‘License
Requirements’’ section; and
■ b. By revising the ‘‘LVS’’ paragraph in
the ‘‘License Exceptions’’ section to read
as follows:
Sfmt 4700
8A918
Marine Boilers.
License Requirements
Reason for Control: * * *
*
License Exceptions
*
*
*
UN applies to entire
entry.
Country chart
■
License Requirements
*
Control(s)
42979
Control(s)
*
*
UN applies to entire
entry.
Country chart
*
*
*
See § 746.1(b) for UN
controls.
License Exceptions
LVS: $5000.
*
*
*
*
*
37. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
9—Propulsion Systems, Space Vehicles
and Related Equipment—Export Control
Classification Number (ECCN) 9A018 is
amended:
■ a. By revising the UN ‘‘Control(s)’’
paragraph in the ‘‘License
Requirements’’ section; and
■ b. By revising the ‘‘LVS’’ paragraph in
the ‘‘License Exceptions’’ section to read
as follows:
■
9A018 Equipment on the Wassenaar
Arrangement Munitions List.
License Requirements
Reason for Control: * * *
Control(s)
*
*
UN applies to entire
entry.
Country chart
*
*
*
See § 746.1(b) for UN
controls.
License Exceptions
LVS: $1500
*
*
*
*
*
38. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
9—Propulsion Systems, Space Vehicles
and Related Equipment—Export Control
Classification Number (ECCN) 9A991 is
amended by revising the UN
■
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Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations
‘‘Control(s)’’ paragraph in the ‘‘License
Requirements’’ section to read as
follows:
SECURITIES AND EXCHANGE
COMMISSION
9A991 ‘‘Aircraft,’’ n.e.s., and gas turbine
engines not controlled by 9A001 or
9A101 and parts and components, n.e.s.
17 CFR Part 241
License Requirements
Reason for Control: * * *
Commission Guidance Regarding
Definitions of Mortgage Related
Security and Small Business Related
Security
Control(s)
Country chart
[Release No. 34–67448; File No. S7–06–12]
Securities and Exchange
Commission.
ACTION: Interpretation; solicitation of
comment.
AGENCY:
*
*
UN applies to
9A991.a.
*
*
*
See § 746.1(b) for UN
controls.
*
*
*
*
*
39. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
9—Propulsion Systems, Space Vehicles
and Related Equipment—Export Control
Classification Number (ECCN) 9D018 is
amended by revising the UN
‘‘Control(s)’’ paragraph in the ‘‘License
Requirements’’ section to read as
follows:
■
9D018 ‘‘Software’’ for the ‘‘use’’ of
equipment controlled by 9A018.
License Requirements
Reason for Control: * * *
Control(s)
Country chart
*
*
UN applies to entire
entry.
*
*
*
See § 746.1(b) for UN
controls.
*
*
*
*
*
40. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
9—Propulsion Systems, Space Vehicles
and Related Equipment—Export Control
Classification Number (ECCN) 9E018 is
amended by revising the UN
‘‘Control(s)’’ paragraph in the ‘‘License
Requirements’’ section to read as
follows:
■
9E018 ‘‘Technology’’ for the
‘‘development,’’ ‘‘production,’’ or ‘‘use’’
of equipment controlled by 9A018.
License Requirements
Reason for Control: * * *
Control(s)
Country chart
mstockstill on DSK4VPTVN1PROD with RULES
*
*
UN applies to entire
entry.
*
*
*
*
*
*
*
See § 746.1(b) for UN
controls.
*
Dated: July 13, 2012.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2012–17757 Filed 7–20–12; 8:45 am]
BILLING CODE 3510–33–P
VerDate Mar<15>2010
16:44 Jul 20, 2012
Jkt 226001
The Securities and Exchange
Commission (the ‘‘Commission’’) is
publishing interpretive guidance with
respect to sections 3(a)(41) (the
definition of ‘‘mortgage related
security’’) and 3(a)(53)(A) (the definition
of ‘‘small business related security’’) of
the Securities Exchange Act of 1934 (the
‘‘Exchange Act’’), in light of section
939(e) of the Dodd-Frank Wall Street
Reform and Consumer Protection Act
(the ‘‘Dodd-Frank Act’’). Section 939(e)
strikes provisions in sections 3(a)(41)
and 3(a)(53)(A) of the Exchange Act that
reference credit ratings issued by
nationally recognized statistical rating
organizations (‘‘NRSROs’’), and inserts
new text that provides that in order to
satisfy these definitions a security must
meet ‘‘standards of credit-worthiness as
established by the Commission.’’
Because more time is needed to develop
and establish standards of
creditworthiness for purposes of these
definitions, the Commission is
providing a transitional interpretation
that will be applicable on and after July
20, 2012, and until such time as final
Commission rules establishing new
standards of creditworthiness become
effective. The Commission also is
seeking comment on potential standards
of creditworthiness that could be
established to replace the use of NRSRO
credit ratings in the definitions of the
terms ‘‘mortgage related security’’ and
‘‘small business related security.’’
DATES: Effective Date: July 20, 2012.
Comments: Comments should be
received on or before August 22, 2012.
FOR FURTHER INFORMATION CONTACT:
Michael A. Macchiaroli, Associate
Director, at (202) 551–5525; Thomas K.
McGowan, Deputy Associate Director, at
(202) 551–5521; Randall W. Roy,
Assistant Director, at (202) 551–5522;
Mark M. Attar, Branch Chief, at (202)
551–5889; Carrie A. O’Brien, Special
Counsel, at (202) 551–5640; and Rachel
B. Yura, Attorney-Adviser, at (202) 551–
5729, Office of Financial Responsibility,
Division of Trading and Markets,
SUMMARY:
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–7010.
ADDRESSES: Comments may be
submitted by any of the following
methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/interp.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number S7–
06–12 on the subject line; or
• Use the Federal eRulemaking Portal
(https://www.regulations.gov). Follow the
instructions for submitting comments.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
All submissions should refer to File
Number S7–06–12. This file number
should be included on the subject line
if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/interp.shtml). Comments also are
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. All comments
received will be posted without change;
we do not edit personal identifying
information from submissions. You
should submit only information that
you wish to make publicly available.
SUPPLEMENTARY INFORMATION:
I. Introduction
Section 3(a)(41) of the Exchange Act
defines the term ‘‘mortgage related
security’’ as, among other things, a
security that is rated in one of the two
highest rating categories by at least one
NRSRO.1 Section 3(a)(53)(A) of the
Exchange Act defines the term ‘‘small
business related security’’ as, among
other things, a security that is rated in
one of the four highest rating categories
by at least one NRSRO.2 A ‘‘rating
category’’ refers to a distinct level in an
NRSRO’s rating scale represented by a
unique symbol, number, or score. For
example, a rating scale consisting of
AAA, AA, A, BBB, BB, B, CCC, CC, C,
and D has ten rating categories, with the
AAA and AA categories being the two
1 See
2 See
E:\FR\FM\23JYR1.SGM
15 U.S.C. 78c(a)(41).
15 U.S.C. 78c(a)(53)(A).
23JYR1
]]>Agencies
[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Rules and Regulations]
[Pages 42973-42980]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17757]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 732, 738, 746, and 774
[Docket No. 110725414-1480-01]
RIN 0694-AF31
Export and Reexport Controls to Rwanda and United Nations
Sanctions Under the Export Administration Regulations
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this final rule, the Bureau of Industry and Security (BIS)
amends the Export Administration Regulations (EAR) to implement United
Nations Security Council Resolution (UNSCR) 1823 (2008), which, among
other things, terminated sanctions against Rwanda concerning ``arms and
related materiel'' imposed in 1994 pursuant to UNSCR 918. This rule
includes conforming changes in the EAR related to the termination of
the United Nations embargo on ``arms and related materiel'' against
Rwanda, including the removal of machetes from the Commerce Control
List (CCL). Further, BIS amends Part 746 (Embargoes and Other Special
Controls) of the EAR to require a license to export or reexport certain
items to countries subject to United Nations Security Council arms
embargoes. A presumptive denial policy will apply to applications to
export or reexport items that are
[[Page 42974]]
controlled for UN reasons and that would contravene a United Nations
Security Council arms embargo.
DATES: This rule is effective July 23, 2012.
FOR FURTHER INFORMATION CONTACT: Susan Kramer, Foreign Policy Division,
Office of Nonproliferation and Treaty Compliance, Bureau of Industry
and Security, U.S. Department of Commerce, Telephone (202) 482-4252 or
Email Susan.Kramer@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The arms embargo against Rwanda was initially imposed through
United Nations Security Council Resolution (UNSCR) 918 on May 17, 1994,
and was continued through subsequent resolutions, including UNSCR 1011
on August 16, 1995. The embargo was implemented in the EAR on August 8,
1994 (59 FR 40235), most recently in Sec. 746.8 of the EAR. The United
Nations Security Council terminated the arms embargo against Rwanda on
July 10, 2008, via UNSCR 1823. Accordingly, this rule removes the
United Nations Embargo (UN) controls on Rwanda by removing Rwanda from
Part 746. BIS also makes conforming changes related to the removal of
UN controls on Rwanda in Sec. 732.3, Supplement No. 1 to Part 738 and
Supplement No.1 to Part 774 of the EAR.
One of the conforming changes is the removal of machetes from
Export Control Classification Number (ECCN) 0A988. Machetes were added
to the CCL when BIS in 1994 (then called the Bureau of Export
Administration) implemented the United Nations Security Council arms
embargo against Rwanda by way of Executive Order 12918 (59 FR 40235
(Aug. 8, 1994)). Because this rule removes the UN controls imposed
against Rwanda and because machetes were added to the CCL to address
concerns with their use in Rwanda in particular, BIS is removing
machetes from the CCL.
In this final rule, BIS also amends Sec. 746.1(b) to require a
license for the export or reexport of items controlled for ``UN''
reasons to countries subject to United Nations Security Council arms
embargoes. Paragraph (b)(2) lists all the countries subject to United
Nations Security Council arms embargoes. Paragraph (b)(3) states that,
to the extent consistent with United States national security and
foreign policy interests, and pursuant to revised paragraph (b) of
Sec. 746.1, BIS will not approve applications to export or reexport
items with a UN reason for control to countries subject to United
Nations Security Council arms embargoes if such authorizations would be
contrary to the relevant United Nations Security Council Resolutions.
Paragraph (b)(4) provides that the availability of license exceptions
to countries listed in Sec. 746.1(b)(2) is restricted to License
Exception GOV Sec. 740.11(b)(2)(i) and (ii).
The rule also clarifies the UN embargo provisions for Iraq and
North Korea under the EAR by including cross-references to Sec. 746.3
(Iraq) and Sec. 746.4 (North Korea).
Export Administration Act
Since August 21, 2001, the Export Administration Act of 1979, as
amended, has been in lapse. However, the President has continued the
EAR in effect under the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) 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
Fed. Reg. 50661 (Aug. 16, 2011)). BIS continues to carry out the
provisions of the Act, as appropriate and to the extent permitted by
law, pursuant to Executive Order 13222.
This action is taken after consultation with the Secretary of
State. BIS submitted a foreign policy report to the Congress indicating
the imposition of new foreign policy controls on June 28, 2012.
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 determined to be not significant for
purposes of Executive Order 12866.
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 involves a
collection of information subject to the PRA. This collection has been
approved by the Office of Management and Budget under control number
0694-0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748. Total burden
hours associated with the PRA and OMB control number 0694-0088 are not
expected to increase as a result of this rule.
3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
4. Pursuant to 5 U.S.C. 553(a)(1), the provisions of the
Administrative Procedure Act requiring notice of proposed rulemaking,
the opportunity for public participation, and a delay in effective
date, are inapplicable because this regulation involves a military or
foreign affairs function of the United States. (See 5 U.S.C.
553(a)(1)). This final rule implements U.S. multilateral commitments
concerning United Nations Security Council arms embargoes. The
sanctions against Rwanda were initially implemented in part to fulfill
U.S. obligations to implement the United Nations Security Council's
arms embargo against Rwanda. Consistent with the United Nations
Security Council's actions lifting the arms embargo and U.S.
obligations thereunder, BIS is removing the sanctions imposed against
Rwanda under the EAR. In addition, in this rule, BIS amends the EAR to
require a license to export or reexport certain items to countries
subject to United Nations arms embargoes. To the extent consistent with
United States national security and foreign policy interests, BIS will
not approve such license applications if such authorizations would be
contrary to relevant United Nations Security Council Resolutions. In
light of United States commitments, BIS implements this approach
pursuant to the existing licensing provisions and policies set out in
Part 742 of the EAR and pursuant to revised Sec. 746.1(b), which sets
out countries subject to United Nations Security Council arms
embargoes. No other law requires that a notice of proposed rulemaking
and an opportunity for public comment be given for this rule. Because a
notice of proposed rulemaking and an opportunity for public comment are
not required to be given for this rule by 5 U.S.C. 553, or by any other
law, the analytical requirements of the Regulatory Flexibility Act, 5
U.S.C. 601 et seq., are not applicable. Therefore, this regulation is
issued in final form and is made effective immediately upon
publication.
[[Page 42975]]
List of Subjects
15 CFR Part 732
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 738
Exports.
15 CFR Parts 746 and 774
Exports, Reporting and recordkeeping requirements.
Accordingly, parts 732, 738, 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
Fed. Reg. 50661 (Aug. 16, 2011).
0
2. Section 732.3 is amended
0
a. By removing the phrase ``and Rwanda'' from paragraph (d)(4); and
0
c. By revising paragraph (i) introductory text to read as follows:
Sec. 732.3 Steps regarding the ten general prohibitions.
* * * * *
(i) Step 14: Embargoed countries and special destinations. If your
destination for any item is Cuba, Iran, Iraq, North Korea, 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. See Sec. 746.1(b) for destinations subject to limited sanctions
under United Nations Security Council arms embargoes. You may not make
an export or reexport contrary to the provisions of part 746 of the EAR
without a license unless:
* * * * *
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; 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 Fed. Reg. 50661 (Aug. 16, 2011).
0
4. Supplement No. 1 to Part 738 is amended
0
a. By removing the footnote designation ``1'' from the country
``Rwanda'';
0
b. By adding the footnote designation ``1'' to ``Cote d'Ivoire,''
``Congo (Democratic Republic of),'' ``Eritrea,'' ``Iran,'' ``Lebanon,''
``Liberia,'' ``Libya,'' ``Korea, North,'' ``Somalia,'' and ``Sudan'';
and
0
c. By revising footnote 1 to the Supplement to read as follows:
Supplement No. 1 To Part 738
[Reason for Control]
* * * * *
\1\ See Sec. 746.1(b) for United Nations Security Council
Sanctions under the EAR. See Sec. 746.3 for United Nations Security
Council-related license requirements for exports and reexports to
Iraq or transfer within Iraq under the EAR, as well as regional
stability licensing requirements not included in the Country Chart.
* * * * *
PART 746--[AMENDED]
0
5. 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); Notice of August 12, 2011, 76 FR 50661
(August 16, 2011).
0
6. Revise Sec. 746.1(b) to read as follows:
Sec. 746.1 Introduction
* * * * *
(b) Sanctions on selected categories of items to specific
destinations. (1) BIS controls the export and reexport of selected
categories of items to countries under United Nations Security Council
arms embargoes. See the Commerce Control List in Supplement No. 1 to
Part 774. See also Sec. Sec. 746.3 (Iraq) and 746.4 (North Korea).
(2) The countries subject to United Nations Security Council arms
embargoes are: Cote d'Ivoire (Ivory Coast), Democratic Republic of the
Congo, Eritrea, Iran, Iraq, Lebanon, Liberia, Libya, North Korea,
Somalia, and Sudan.
(3) A license is required to export or reexport items identified in
Part 774 as having a ``UN'' reason for control to countries identified
in paragraph (b)(2) of this section. To the extent consistent with
United States national security and foreign policy interests, BIS will
not approve applications for such licenses if the authorization would
be contrary to the relevant United Nations Security Council Resolution.
(4) You may not use any License Exception to export items subject
to UN arms embargo controls to countries listed in 746.1(b)(2), except
License Exception GOV Sec. 740.11(b)(2)(i) and (ii).
* * * * *
Sec. 746.8 [Removed and Reserved]
0
7. Remove and reserve Sec. 746.8.
PART 774--[AMENDED]
0
8. 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 (August 16, 2011).
0
8. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities, and Equipment [and
Miscellaneous Items]--Export Control Classification Number (ECCN) 0A018
is amended:
0
a. By revising the UN ``Control(s)'' paragraph in the ``License
Requirements'' section;
0
b. By revising the ``LVS'' paragraph in the ``License Exceptions''
section; and
0
c. By removing paragraph (1) from the ``Related Controls'' paragraph in
the ``List of Items Controlled'' section.
The revisions read as follows:
Supplement No. 1 To Part 774--The Commerce Control List
* * * * *
0A018 Items on the Wassenaar Munitions List.
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to entire entry................ See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
License Exceptions
LVS: $5,000 for 0A018.a
$3,000 for 0A018.b
$1,500 for 0A018.c and .d
* * * * *
List of Items Controlled
Unit: * * *
[[Page 42976]]
Related Controls: See 0A979, 0A988, and 22 CFR 121.1 Categories
I(a), III(b-d), and X(a).
* * * * *
0
9. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities, and Equipment [and
Miscellaneous Items]--Export Control Classification Number (ECCN) 0A918
is amended:
0
a. By revising the UN ``Control(s)'' paragraph in the ``License
Requirements'' section; and
0
b. By revising the ``LVS'' paragraph in the ``License Exceptions''
section to read as follows:
Supplement No. 1 To Part 774--The Commerce Control List
* * * * *
0A918 Miscellaneous Military Equipment Not on the Wassenaar
Munitions List.
License Requirements
Reasons for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to entire entry................ See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
License Exceptions
LVS: $5,000 for 0A918.a
$1,500 for 0A918.b
* * * * *
0
10. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities, and Equipment [and
Miscellaneous Items]--Export Control Classification Number (ECCN) 0A919
is amended by removing the UN ``Control(s)'' paragraph from the License
Requirements section.
0
11. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities, and Equipment [and
Miscellaneous Items]--Export Control Classification Number (ECCN) 0A984
is amended by revising the UN ``Control(s)'' paragraph in the License
Requirements section to read as follows:
0A984 Shotguns with barrel length 18 inches (45.72 cm) or over;
receivers; barrels of 18 inches (45.72 cm) or longer but not longer
than 24 inches (60.96 cm); complete trigger mechanisms; magazines
and magazine extension tubes; complete breech mechanisms; buckshot
shotgun shells; except equipment used exclusively to treat or
tranquilize animals, and except arms designed solely for signal,
flare, or saluting use.
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to entire entry................ See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
* * * * *
0
12. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities, and Equipment [and
Miscellaneous Items]--Export Control Classification Number (ECCN) 0A985
is amended by revising the UN ``Control(s)'' paragraph in the ``License
Requirements'' section to read as follows:
0A985 Discharge type arms and devices to administer electric shock
for example, stun guns, shock batons, shock shields, electric cattle
prods, immobilization guns and projectiles; except equipment used
exclusively to treat or tranquilize animals, and except arms
designed solely for signal, flare, or saluting use; and parts,
n.e.s.
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to entire entry................ See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
* * * * *
0
13. In Supplement No. 1 to Part 774 (the Commerce Control list),
Category 0--Nuclear Materials, Facilities, and Equipment [and
Miscellaneous Items]--Export Control Classification Number (ECCN) 0A986
is amended by revising the UN ``Control(s)'' paragraph in the ``License
Requirements'' section to read as follows:
0A986 Shotgun shells except buckshot shotgun shells, and parts.
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to entire entry................ See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
* * * * *
0
14. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 0 Nuclear Materials, Facilities and Equipment [and
Miscellaneous Items]--Export Control Classification Number (ECCN) 0A987
is amended by revising the UN ``Control(s)'' paragraph in the ``License
Requirements'' to read as follows:
0A987 Optical sighting devices for firearms (including shotguns
controlled by 0A984); and parts (See list of items controlled).
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to entire entry................ See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
* * * * *
0
15. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 0 Nuclear Materials, Facilities and Equipment [and
Miscellaneous Items]--Export Control Classification Number (ECCN) 0A988
is amended by revising the Heading and the UN ``Control(s)'' paragraph
in the ``License Requirements'' to read as follows:
0A988 Conventional military steel helmets as described by 0A018.d.1.
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
------------------------------------------------------------------------
UN applies to entire entry. See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
* * * * *
0
16. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities, and Equipment [and
Miscellaneous Items]--Export Control Classification Number (ECCN) 0B986
is amended by revising the UN ``Control(s)'' paragraph in the ``License
Requirements'' section to read as follows:
0B986 Equipment specially designed for manufacturing shotgun shells;
and ammunition hand-loading equipment for both cartridges and
shotgun shells.
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) * * *
------------------------------------------------------------------------
UN applies to entire entry................ See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
* * * * *
0
17. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities, and Equipment [and
Miscellaneous Items]--Export Control Classification Number (ECCN) 0E018
is amended:
0
a. By revising the UN ``Control(s)'' paragraph in the ``License
Requirements'' section; and
0
b. By revising the ``TSR'' paragraph in the ``License Exceptions''
section to read as follows:
[[Page 42977]]
0E018 ``Technology'' for the ``Development,'' ``Production,'' or
``Use'' of Items Controlled by 0A018.a Through 0A018.c.
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to entire entry................ See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
* * * * *
License Exceptions
* * * * *
TSR: Yes.
* * * * *
0
18. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities, and Equipment [and
Miscellaneous Items]--Export Control Classification Number (ECCN) 0E918
is amended by revising the UN ``Control(s)'' paragraph in the ``License
Requirements'' section to read as follows:
0E918 ``Technology'' for the ''Development,'' ``Production,'' or
``Use'' of Bayonets.
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to entire entry................ See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
* * * * *
0
19. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities, and Equipment [and
Miscellaneous Items]--Export Control Classification Number (ECCN) 0E984
is amended by revising the UN ``Control(s)'' paragraph in the ``License
Requirements'' section to read as follows:
0E984 ``Technology'' for the ``development'' or ``production'' of
shotguns controlled by 0A984 and buckshot shotgun shells.
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
UN applies to entire entry................ See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
* * * * *
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) 1A005 is amended:
0
a. By removing paragraph (3) of the ``Related Controls'' section; and
0
b. By revising the UN ``Control(s)'' paragraph in the ``License
Requirements'' section to read as follows:
1A005 Body armor, and specially designed components therefor, not
manufactured to military standards or specifications, nor to their
equivalents in performance.
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to entire entry................ See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
* * * * *
0
21. 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) 1A008 is amended:
0
a. By revising the UN ``Control(s)'' paragraph in the ``License
Requirements'' section; and
0
b. By revising the ``LVS'' paragraph in the ``License Exceptions''
section to read as follows:
1A008 Charges, devices and components, as follows (see List of Items
Controlled).
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to entire entry................ See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
License Exceptions
LVS: $3000 for .a through .c;
$6000 for .d.
* * * * *
0
22. 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) 1B018 is amended:
0
a. By revising the UN ``Control(s)'' paragraph in the ``License
Requirements'' section; and
0
b. By revising the ``LVS'' paragraph in the ``License Exceptions''
section to read as follows:
1B018 Equipment on the Wassenaar Arrangement Munitions List.
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to entire entry................ See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
License Exceptions
LVS: $3000 for 1B018.a for countries WITHOUT an ``X'' in RS Column 2
on the Country Chart contained in Supplement No. 1 to part 738 of
the EAR;
$5000 for 1B018.b.
0
23. 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) 1C018 is amended:
0
a. By revising the UN ``Control(s)'' paragraph in the ``License
Requirements'' section; and
0
b. By revising the ``LVS'' paragraph in the ``License Exceptions''
section to read as follows:
1C018 Commercial Charges and Devices Containing Energetic Materials
on the Wassenaar Arrangement Munitions List and Certain Chemicals as
Follows (see List of Items Controlled).
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to entire entry................ See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
License Exceptions
LVS: $3000
* * * * *
0
24. 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) 1D018 is amended:
0
a. By revising the UN ``Control(s)'' paragraph in the ``License
Requirements'' section; and
0
b. By revising the ``Related Controls'' section to read as follows:
1D018 ``Software'' specially designed or modified for the
``development,''
[[Page 42978]]
``production,'' or ``use'' of items controlled by 1B018.
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to entire entry................ See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
* * * * *
Related Controls: N/A
* * * * *
0
25. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing--Export Control Classification Number
(ECCN) 2B018 is amended:
0
a. By revising the UN ``Control(s)'' paragraph in the ``License
Requirements'' section; and
0
b. By revising the ``LVS'' and ``GBS'' paragraphs in the ``License
Exceptions'' section to read as follows:
2B018 Equipment on the Wassenaar Arrangement Munitions List.
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to entire entry................ See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
License Exceptions
LVS: $3000.
GBS: Yes, as follows, except N/A for MT-controlled items or
destinations for which a license is required for RS reasons:
Equipment used to determine the safety data of explosives as
required by the International Convention on the Transport of
Dangerous Goods (C.I.M.) Articles 3 and 4 in Annex 1 RID, provided
that such equipment will be used only by the railway authorities of
current C.I.M. members, or by the Government-accredited testing
facilities in those countries, for the testing of explosives to
transport safety standards, of the following description:
a. Equipment for determining the ignition and deflagration
temperatures;
b. Equipment for steel-shell tests;
c. Drophammers not exceeding 20 kg in weight for determining the
sensitivity of explosives to shock;
d. Equipment for determining the friction sensitivity of
explosives when exposed to charges not exceeding 36 kg in weight.
* * * * *
0
26. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing--Export Control Classification Number
(ECCN) 2D018 is amended:
0
a. By revising the UN ``Control(s)'' paragraph in the ``License
Requirements'' section; and
0
b. By revising the ''TSR'' paragraph in the ``License Exceptions''
section to read as follows:
2D018 ``Software'' for the ``development,'' ``production,'' or
``use'' of equipment controlled 2B018.
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
UN applies to entire entry. See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
License Exceptions
* * * * *
TSR: Yes.
* * * * *
0
27. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing--Export Control Classification Number
(ECCN) 2E018 is amended:
0
a. By revising the UN ``Control(s)'' paragraph in the ``License
Requirements'' section; and
0
b. By revising the ``TSR'' paragraph in the ``License Exceptions''
section to read as follows:
2E018 ``Technology'' for the ``use'' of equipment controlled by
2B018.
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to entire entry. See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
License Exceptions
* * * * *
TSR: Yes.
* * * * *
0
28. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 5--Telecommunications and ``Information Security'' (Part 1.
Telecommunications) Export Control Classification Number (ECCN) 5A980
(Devices primarily useful for the surreptitious interception of wire,
oral, or electronic communications; and parts and accessories therefor)
is amended by removing the second NOTE, which refers to Rwanda, in the
``License Requirements'' section.
* * * * *
0
29. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 5--Telecommunications and ``Information Security'' (Part I.
Telecommunications) Export Control Classification Number (ECCN) 5D980
(Other ``Software,'' as Follows (see List of Items Controlled) is
amended by removing the second NOTE, which refers to Rwanda, in the
``License Requirements'' section.
* * * * *
0
30. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 5--Telecommunications and ``Information Security'' (Part I.
Telecommunications)--Export Control Classification Number (ECCN) 5E980
(``Technology'' primarily useful for the ``development,''
``production,'' or ``use'' of equipment controlled by 5A980) is amended
by removing the NOTE, which refers to Rwanda, in the ``License
Requirements'' section.
* * * * *
0
31. In Supplement No. 1 to Part 774 (the Commerce Control list),
Category 6 Sensors and Lasers--Export Control Classification Number
(ECCN) 6A002 is amended by revising the UN ``Control(s)'' paragraph in
the ``License Requirements'' section to read as follows:
6A002 Optical Sensors.
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to 6A002.a.1, a.2, a.3 and c... See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
* * * * *
0
32. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 6 --Sensors and Lasers--Export Control Classification Number
(ECCN) 6A003 is amended by revising the UN ``Control(s)'' paragraph in
the ``License Requirements'' section to read as follows:
6A003 Cameras.
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to items controlled in See Sec. 746.1(b) for UN
6A003.b.3 and b.4. controls.
------------------------------------------------------------------------
* * * * *
0
33. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 6--Sensors and Lasers--Export Control Classification Number
(ECCN) 6E001 is amended:
[[Page 42979]]
0
a. By revising the UN ``Control(s)'' paragraph in the ``License
Requirements'' section; and
0
b. By removing paragraph ``(5)'' in the ``TSR'' paragraph in the
``License Exceptions'' section to read as follows:
6E001 ``Technology'' according to the general technology note for
the ``development'' of equipment, materials or ``software''
controlled by 6A (except 6A991, 6A992, 6A994, 6A995, 6A996, 6A997,
or 6A998), 6B (except 6B995), 6C (except 6C992 or 6C994), or 6D
(except 6D991, 60992, or 6D993).
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to ``technology'' for equipment See Sec. 746.1(b) for UN
Controlled by 6A002 or 6A003 for UN controls.
reasons.
------------------------------------------------------------------------
* * * * *
License Exceptions
CIV: * * *
TSR: Yes, except for the following:
(1) Items controlled for MT reasons;
(2) ``Technology'' for commodities controlled by 6A002.e,
6A004.e, or 6A008.j.1;
(3) ``Technology'' for ``software'' specially designed for
``space qualified'' ``laser'' radar or Light Detection and Ranging
(LIDAR) equipment defined in 6A008.j.1 and controlled by 6D001 or
6D002; or
(4) Exports or reexports to destinations outside of Austria,
Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland,
Italy, Japan, Luxembourg, the Netherlands, Portugal, Spain, Sweden,
or the United Kingdom of ``technology'' for the ``development'' of
the following: (a) Items controlled by 6A001.a.1.b, 6A001.a.1.e,
6A001.a.2.a.1, 6A001.a.2.a.2, 6A001.a.2.a.3, 6A001.a.2.a.5,
6A001.a.2.a.6, 6A001.a.2.b, 6A001.a.2.d, 6A001.a.2.e., 6A002.a.1.a,
6A002.a.1.b, 6A002.a.1.c, 6A002.a.2.a, 6A002.a.2.b, 6A002.a.3,
6A002.b, 6A002.c, 6A003.b.3, 6A003.b.4, 6A004.c, 6A004.d, 6A006.a.2,
6A006.c.1, 6A006.d, 6A006.e, 6A008.d, 6A008.h, 6A008.k, 6B008,
6D003.a; (b) Equipment controlled by 6A001.a.2.c or 6A001.a.2.f when
specially designed for real time applications; or (c) ``Software''
controlled by 6D001 and specially designed for the ``development''
or ``production'' of equipment controlled by 6B008, or 6D003.a.
STA: * * *
* * * * *
0
34. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 6--Sensors and Lasers--Export Control Classification Number
(ECCN) 6E002 is amended:
0
a. By revising the UN ``Control(s)'' paragraph in the ``License
Requirements'' section; and
0
b. By removing paragraph ``(4)'' in the ``TSR'' paragraph in the
``License Exceptions'' section to read as follows:
6E002 ``Technology'' according to the general technology note for
the ``production'' of equipment or materials controlled by 6A
(except 6A991, 6A992, 6A994, 6A995, 6A996, 6A997 or 6A998) 6B
(except 6B995) or 6C (except 6C992 or 6C994).
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to ``technology'' for equipment See Sec. 746.1(b) for UN
controlled by 6A002 or 6A003 for UN controls.
reasons.
------------------------------------------------------------------------
* * * * *
License Exceptions
CIV: * * *
TSR: Yes, except for the following:
(1) Items controlled for MT reasons;
(2) ``Technology'' for commodities controlled by 6A002.e,
6A004.e, 6A008.j.1; or
(3) Exports or reexports to destinations outside of Austria,
Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland,
Italy, Japan, Luxembourg, the Netherlands, Portugal, Spain, Sweden,
or the United Kingdom of ``technology'' for the ``production'' of
the following: (a) Items controlled by 6A001.a.1.b, 6A001.a.1.e,
6A001.a.2.a.1, 6A001.a.2.a.2, 6A001.a.2.a.3, 6A001.a.2.a.5,
6A001.a.2.a.6, 6A001.a.2.b, 6A002.a.3, 6A002.b, 6A002.c, 6A003.b.3,
6A003.b.4, 6A004.c, 6A004.d, 6A006.a.2, 6A006.c.1, 6A006.d, 6A006.e,
6A008.d, 6A008.h, 6A008.k, 6B008; and (b) Equipment controlled by
6A001.a.2.c and 6A001.a.2.f when specially designed for real time
applications.
STA: * * *
* * * * *
0
35. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 8--Marine--Export Control Classification Number (ECCN) 8A018
is amended:
0
a. By revising the UN ``Control(s)'' paragraph in the ``License
Requirements'' section; and
0
b. By revising the ``LVS'' paragraph in the ``License Exceptions''
section to read as follows:
8A018 Items on the Wassenaar Arrangement Munitions List.
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to entire entry................ See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
License Exceptions
LVS: $5000.
* * * * *
0
36. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 8--Marine--Export Control Classification Number (ECCN) 8A918
is amended:
0
a. By revising the UN ``Control(s)'' paragraph in the ``License
Requirements'' section; and
0
b. By revising the ``LVS'' paragraph in the ``License Exceptions''
section to read as follows:
8A918 Marine Boilers.
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to entire entry. See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
License Exceptions
LVS: $5000.
* * * * *
0
37. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 9--Propulsion Systems, Space Vehicles and Related Equipment--
Export Control Classification Number (ECCN) 9A018 is amended:
0
a. By revising the UN ``Control(s)'' paragraph in the ``License
Requirements'' section; and
0
b. By revising the ``LVS'' paragraph in the ``License Exceptions''
section to read as follows:
9A018 Equipment on the Wassenaar Arrangement Munitions List.
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to entire entry. See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
License Exceptions
LVS: $1500
* * * * *
0
38. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 9--Propulsion Systems, Space Vehicles and Related Equipment--
Export Control Classification Number (ECCN) 9A991 is amended by
revising the UN
[[Page 42980]]
``Control(s)'' paragraph in the ``License Requirements'' section to
read as follows:
9A991 ``Aircraft,'' n.e.s., and gas turbine engines not controlled
by 9A001 or 9A101 and parts and components, n.e.s.
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to 9A991.a..................... See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
* * * * *
0
39. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 9--Propulsion Systems, Space Vehicles and Related Equipment--
Export Control Classification Number (ECCN) 9D018 is amended by
revising the UN ``Control(s)'' paragraph in the ``License
Requirements'' section to read as follows:
9D018 ``Software'' for the ``use'' of equipment controlled by 9A018.
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to entire entry................ See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
* * * * *
0
40. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 9--Propulsion Systems, Space Vehicles and Related Equipment--
Export Control Classification Number (ECCN) 9E018 is amended by
revising the UN ``Control(s)'' paragraph in the ``License
Requirements'' section to read as follows:
9E018 ``Technology'' for the ``development,'' ``production,'' or
``use'' of equipment controlled by 9A018.
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * *
UN applies to entire entry................ See Sec. 746.1(b) for UN
controls.
------------------------------------------------------------------------
* * * * *
Dated: July 13, 2012.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2012-17757 Filed 7-20-12; 8:45 am]
BILLING CODE 3510-33-P
