Effects of Foreign Policy-Based Export Controls, 55183-55185 [2012-21571]

Download as PDF Federal Register / Vol. 77, No. 174 / Friday, September 7, 2012 / Notices Trade Zones Board (the Board) adopts the following Order: ACTION: Whereas, the Board adopted the alternative site framework (ASF) (74 FR 1170, 01/12/09; correction 74 FR 3987, 01/22/09; 75 FR 71069–71070, 11/22/ 10) as an option for the establishment or reorganization of zones; Whereas, the Findlay/Hancock County Chamber of Commerce, grantee of Foreign-Trade Zone 151, submitted an application to the Board (FTZ Docket 20–2012, filed 3/20/2012) for authority to reorganize under the ASF with a service area of Hardin, Putnam, Seneca, Allen and Hancock Counties, Ohio, adjacent to the Toledo Customs and Border Protection port of entry, and FTZ 151’s existing Sites 1 and 3 would be categorized as magnet sites; Whereas, notice inviting public comment was given in the Federal Register (77 FR 17408–17409, 3/26/ 2012) and the application has been processed pursuant to the FTZ Act and the Board’s regulations; and, Whereas, the Board adopts the findings and recommendations of the examiner’s report, and finds that the requirements of the FTZ Act and the Board’s regulations are satisfied, and that the proposal is in the public interest; Now, therefore, the Board hereby orders: The application to reorganize FTZ 151 under the alternative site framework is approved, subject to the FTZ Act and the Board’s regulations, including Section 400.13, to the Board’s standard 2,000-acre activation limit for the zone, and to a five-year ASF sunset provision for magnet sites that would terminate authority for Site 3 if not activated by August 31, 2017. Signed at Washington, DC, this 29th day of August 2012. Paul Piquado, Assistant Secretary of Commerce for Import Administration, Alternate Chairman, ForeignTrade Zones Board. Attest: Andrew McGilvray, Executive Secretary. [FR Doc. 2012–22114 Filed 9–6–12; 8:45 am] BILLING CODE P srobinson on DSK4SPTVN1PROD with NOTICES DEPARTMENT OF COMMERCE Bureau of Industry and Security [Docket No. 120822382–2382–01] Effectiveness of Licensing Procedures for Agricultural Commodities to Cuba Bureau of Industry and Security, Commerce. AGENCY: VerDate Mar<15>2010 17:04 Sep 06, 2012 Jkt 226001 Request for comments. The Bureau of Industry and Security (BIS) is requesting public comments on the effectiveness of its licensing procedures as defined in the Export Administration Regulations for the export of agricultural commodities to Cuba. BIS will include a description of these comments in its biennial report to the Congress, as required by the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.), as amended. DATES: Comments must be received by October 9, 2012. ADDRESSES: Comments may be submitted to the Federal eRulemaking portal (www.regulations.gov). The regulations.gov ID is: BIS–2012–0039. Comments may also be sent by email to publiccomments@bis.doc.gov with a reference to ‘‘TSRA 2012 Report’’ in the subject line. Written comments may be submitted by mail to Regulatory Policy Division, Bureau of Industry and Security, U.S. Department of Commerce, Room 2099B, Washington, DC 20230 with a reference to ‘‘TSRA 2012 Report.’’ All comments must be in writing (either submitted to regulations.gov, by email or on paper). FOR FURTHER INFORMATION CONTACT: Tracy L. Patts, Office of Nonproliferation and Treaty Compliance, Telephone: (202) 482– 4252. Additional information on BIS procedures and our previous biennial report under the Trade Sanctions Reform and Export Enhancement Act, as amended, is available at www.bis.doc.gov/licensing/ TSRA_TOC.html. Copies of these materials may also be requested by contacting the Office of Nonproliferation and Treaty Compliance. SUPPLEMENTARY INFORMATION: Pursuant to section 906(a) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA) (22 U.S.C. 7205(a)), the Bureau of Industry and Security (BIS) authorizes exports of agricultural commodities, as defined in part 772 of the Export Administration Regulations (EAR), to Cuba. Requirements and procedures associated with such authorization are set forth in § 740.18 of the EAR (15 CFR 740.18). These are the only licensing procedures in the EAR currently in effect pursuant to the requirements of section 906(a) of TSRA. Under the provisions of section 906(c) of TSRA (22 U.S.C. 7205(c)), BIS must submit a biennial report to the Congress on the operation of the licensing system implemented pursuant to section 906(a) for the preceding two-year period. This SUMMARY: PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 55183 report must include the number and types of licenses applied for, the number and types of licenses approved, the average amount of time elapsed from the date of filing of a license application until the date of its approval, the extent to which the licensing procedures were effectively implemented, and a description of comments received from interested parties during a 30-day public comment period about the effectiveness of the licensing procedures. BIS is currently preparing a biennial report on the operation of the licensing system for the two-year period from October 1, 2010 through September 30, 2012. Request for Comments By this notice, BIS requests public comments on the effectiveness of the licensing procedures for the export of agricultural commodities to Cuba set forth under § 740.18 of the EAR. Parties submitting comments are asked to be as specific as possible. All comments received by the close of the comment period will be considered by BIS in developing the report to Congress. All comments must be in writing and will be available for public inspection and copying. Any information that the commenter does not wish to be made available to the public should not be submitted to BIS. Dated: August 27, 2012. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2012–21523 Filed 9–6–12; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE Bureau of Industry and Security [Docket No. 120816348–2348–01] Effects of Foreign Policy-Based Export Controls Bureau of Industry and Security, Commerce. ACTION: Request for comments. AGENCY: In developing its report to Congress, BIS is seeking public comments on the effect of existing foreign policy-based export controls in the Export Administration Regulations. BIS is requesting public comments to conduct consultations with U.S. industries. Section 6 of the Export Administration Act (EAA) requires BIS to consult with industry on the effect of such controls and to report the results of the consultations to Congress. Comments from all interested persons are welcome. All comments will be made available for public inspection SUMMARY: E:\FR\FM\07SEN1.SGM 07SEN1 55184 Federal Register / Vol. 77, No. 174 / Friday, September 7, 2012 / Notices srobinson on DSK4SPTVN1PROD with NOTICES and copying and included in a report to be submitted to Congress. DATES: Comments must be received by October 9, 2012. ADDRESSES: Comments on this rule may be submitted to the Federal e-Rulemaking portal (www.regulations. gov). The regulations.gov ID for this rule is: BIS–2012–0038. Comments may also be sent by email to publiccomments@ bis.doc.gov or on paper to Regulatory Policy Division, Bureau of Industry and Security, Department of Commerce, 14th Street & Pennsylvania Avenue NW., Room 2099B, Washington, DC 20230. Include the phrase ‘‘FPBEC Comment’’ in the subject line of the email message or on the envelope if submitting comments on paper. All comments must be in writing (either submitted to regulations.gov, by email or on paper). All comments, including Personal Identifying Information (e.g., name, address) voluntarily submitted by the commenter will be a matter of public record and will be available for public inspection and copying. Do not submit Confidential Business Information or otherwise sensitive or protected information. FOR FURTHER INFORMATION CONTACT: Foreign Policy Division, Office of Nonproliferation Controls and Treaty Compliance, Bureau of Industry and Security, telephone 202–482–4252. Copies of the current Annual Foreign Policy Report to the Congress are available at http://www.bis.doc.gov/ news/2012/2012_fpreport.pdf and copies may also be requested by calling the Office of Nonproliferation and Treaty Compliance at the number listed above. SUPPLEMENTARY INFORMATION: Background Foreign policy-based controls in the Export Administration Regulations (EAR) are implemented pursuant to section 6 of the Export Administration Act of 1979, as amended, (50 U.S.C. app. sections 2401–2420 (2000)) (EAA). The current foreign policy-based export controls maintained by the Bureau of Industry and Security (BIS) are set forth in the EAR (15 CFR parts 730–774), including in parts 742 (CCL Based Controls), 744 (End-User and End-Use Based Controls) and 746 (Embargoes and Other Special Controls). These controls apply to a range of countries, items, activities and persons, including: • Entities acting contrary to the national security or foreign policy interests of the United States (§ 744.11); • Certain general purpose microprocessors for ‘‘military end-uses’’ and ‘‘military end-users’’ (§ 744.17); VerDate Mar<15>2010 17:04 Sep 06, 2012 Jkt 226001 • Significant items (SI); • Hot section technology for the development, production, or overhaul of commercial aircraft engines, components, and systems (§ 742.14); • Encryption items (§ 742.15); • Crime control and detection items (§ 742.7); • Specially designed implements of torture (§ 742.11); • Certain firearms and related items based on the Organization of American States Model Regulations for the Control of the International Movement of Firearms, their Parts and Components and Munitions included within the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (§ 742.17); • Regional stability items (§ 742.6); • Equipment and related technical data used in the design, development, production, or use of certain rocket systems and unmanned air vehicles (§§ 742.5 and 744.3); • Chemical precursors and biological agents, associated equipment, technical data, and software related to the production of chemical and biological agents (§§ 742.2 and 744.4) and various chemicals included on the list of those chemicals controlled pursuant to the Chemical Weapons Convention (§ 742.18); • Communication intercepting devices, software and technology (§ 742.13); • Nuclear propulsion (§ 744.5); • Aircraft and vessels (§ 744.7); • Restrictions on exports and reexports to certain persons designated as proliferators of weapons of mass destruction (§ 744.8); • Certain cameras to be used by military end-users or incorporated into a military commodity (§ 744.9); • Countries designated as Supporters of Acts of International Terrorism (§§ 742.8, 742.9, 742.10, 742.19, 746.2, 746.4, 746.7, and 746.9); • Certain entities in Russia (§ 744.10); • Individual terrorists and terrorist organizations (§§ 744.12, 744.13 and 744.14); • Certain persons designated by Executive Order 13315 (‘‘Blocking Property of the Former Iraqi Regime, Its Senior Officials and Their Family Members’’) (§ 744.18); • Certain sanctioned entities (§ 744.20); and • Embargoed countries (Part 746). In addition, the EAR impose foreign policy-based export controls on certain nuclear-related commodities, technology, end-uses and end-users (§§ 742.3 and 744.2), in part, implementing section 309(c) of the PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Nuclear Non Proliferation Act (42 U.S.C. 2139a). Request for Comments Under the provisions of section 6 of the EAA, export controls maintained for foreign policy purposes require annual extension. Section 6 of the EAA requires a report to Congress when foreign policy-based export controls are extended. The EAA expired on August 20, 2001. Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp., p. 783 (2002)), which has been extended by successive Presidential Notices, the most recent being that of August 15, 2012 (77 FR 49699 (Aug. 16, 2012)), continues the EAR and, to the extent permitted by law, the provisions of the EAA, in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701–1706 (2000)). The Department of Commerce, as appropriate, follows the provisions of section 6 of the EAA by reviewing its foreign policy-based export controls, conducting consultations with industry through public comments on such controls, and preparing a report to be submitted to Congress. In January 2012, the Secretary of Commerce, on the recommendation of the Secretary of State, extended for one year all foreign policy-based export controls then in effect. BIS is now soliciting public comment on the effects of extending the existing foreign policy-based export controls from January 2013 to January 2014. Among the criteria considered in determining whether to extend U.S. foreign policy-based export controls are the following: 1. The likelihood that such controls will achieve their intended foreign policy purposes, in light of other factors, including the availability from other countries of the goods, software or technology proposed for such controls; 2. Whether the foreign policy objective of such controls can be achieved through negotiations or other alternative means; 3. The compatibility of the controls with the foreign policy objectives of the United States and with overall U.S. policy toward the country subject to the controls; 4. Whether the reaction of other countries to the extension of such controls is not likely to render the controls ineffective in achieving the intended foreign policy objective or be counterproductive to U.S. foreign policy interests; 5. The comparative benefits to U.S. foreign policy objectives versus the effect of the controls on the export performance of the United States, the competitive position of the United E:\FR\FM\07SEN1.SGM 07SEN1 srobinson on DSK4SPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 174 / Friday, September 7, 2012 / Notices States in the international economy, the international reputation of the United States as a supplier of goods and technology; and 6. The ability of the United States to effectively enforce the controls. BIS is particularly interested in receiving comments on the economic impact of proliferation controls. BIS is also interested in industry information relating to the following: 1. Information on the effect of foreign policy-based export controls on sales of U.S. products to third countries (i.e., those countries not targeted by sanctions), including the views of foreign purchasers or prospective customers regarding U.S. foreign policybased export controls. 2. Information on controls maintained by U.S. trade partners. For example, to what extent do U.S. trade partners have similar controls on goods and technology on a worldwide basis or to specific destinations? 3. Information on licensing policies or practices by our foreign trade partners that are similar to U.S. foreign policy based export controls, including license review criteria, use of conditions, and requirements for pre- and post-shipment verifications (preferably supported by examples of approvals, denials and foreign regulations). 4. Suggestions for bringing foreign policy-based export controls more into line with multilateral practice. 5. Comments or suggestions to make multilateral controls more effective. 6. Information that illustrates the effect of foreign policy-based export controls on trade or acquisitions by intended targets of the controls. 7. Data or other information on the effect of foreign policy-based export controls on overall trade at the level of individual industrial sectors. 8. Suggestions for measuring the effect of foreign policy-based export controls on trade. 9. Information on the use of foreign policy-based export controls on targeted countries, entities, or individuals. BIS is also interested in comments relating generally to the extension or revision of existing foreign policy-based export controls. Parties submitting comments are asked to be as specific as possible. All comments received before the close of the comment period will be considered by BIS in reviewing the controls and in developing the report to Congress. All comments received in response to this notice will be displayed on BIS’s Freedom of Information Act (FOIA) Web site at http://www.bis.doc.gov/foia and on the Federal e-Rulemaking portal at www.Regulations.gov. All comments VerDate Mar<15>2010 17:04 Sep 06, 2012 Jkt 226001 will also be included in a report to Congress, as required by section 6 of the EAA, which directs that BIS report to Congress the results of its consultations with industry on the effects of foreign policy-based controls. Dated: August 27, 2012. Kevin J. Wolf, Assistant Secretary for Export Administration. 55185 structure of influenza vaccine strains. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: July 30, 2012. [FR Doc. 2012–21571 Filed 9–6–12; 8:45 am] Dated: August 30, 2012. Callie H. Conroy, Acting Director of Subsidies Enforcement, Import Administration. BILLING CODE 3510–33–P [FR Doc. 2012–22113 Filed 9–6–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Application(s) for Duty-Free Entry of Scientific Instruments Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89–651, as amended by Pub. L. 106– 36; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether instruments of equivalent scientific value, for the purposes for which the instruments shown below are intended to be used, are being manufactured in the United States. Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and be postmarked on or before September 27, 2012. Address written comments to Statutory Import Programs Staff, Room 3720, U.S. Department of Commerce, Washington, DC 20230. Applications may be examined between 8:30 a.m. and 5:00 p.m. at the U.S. Department of Commerce in Room 3720. Docket Number: 12–034. Applicant: Stony Brook University, 100 Nicolls Rd., Stony Brook, NY 11794. Instrument: Electron Microscope. Manufacturer: JEOL Ltd., Japan. Intended Use: The instrument will be used to study the morphology and crystalline structure of metallic, semi-conductor, or polymeric materials. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: July 11, 2012. Docket Number: 12–035. Applicant: The City College of New York, Office of the Dean of Science, Marshak 1320, 160 Convent Ave., New York, NY 10031. Instrument: Electron Microscope. Manufacturer: JEOL Ltd., Japan. Intended Use: The instrument will be used for several projects including the examination of the distribution of intracellular proteins that mediate the ligand-mediated chemotaxis of cells within a micro-controlled environment, the study of nanoparticles, and the PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration Application(s) for Duty-Free Entry of Scientific Instruments Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89–651, as amended by Pub. L. 106– 36; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether instruments of equivalent scientific value, for the purposes for which the instruments shown below are intended to be used, are being manufactured in the United States. Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and be postmarked on or before September 27, 2012. Address written comments to Statutory Import Programs Staff, Room 3720, U.S. Department of Commerce, Washington, DC 20230. Applications may be examined between 8:30 a.m. and 5:00 p.m. at the U.S. Department of Commerce in Room 3720. Docket Number: 12–034. Applicant: Stony Brook University, 100 Nicolls Rd., Stony Brook, NY 11794. Instrument: Electron Microscope. Manufacturer: JEOL Ltd., Japan. Intended Use: The instrument will be used to study the morphology and crystalline structure of metallic, semi-conductor, or polymeric materials. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: July 11, 2012. Docket Number: 12–035. Applicant: The City College of New York, Office of the Dean of Science, Marshak 1320 160 Convent Ave., New York, NY 10031. Instrument: Electron Microscope. Manufacturer: JEOL Ltd., Japan. Intended Use: The instrument will be used for several projects including the examination of the distribution of intracellular proteins that mediate the ligand-mediated chemotaxis of cells within a micro-controlled environment, E:\FR\FM\07SEN1.SGM 07SEN1

Agencies

[Federal Register Volume 77, Number 174 (Friday, September 7, 2012)]
[Notices]
[Pages 55183-55185]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21571]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

[Docket No. 120816348-2348-01]


Effects of Foreign Policy-Based Export Controls

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Request for comments.

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

SUMMARY: In developing its report to Congress, BIS is seeking public 
comments on the effect of existing foreign policy-based export controls 
in the Export Administration Regulations. BIS is requesting public 
comments to conduct consultations with U.S. industries. Section 6 of 
the Export Administration Act (EAA) requires BIS to consult with 
industry on the effect of such controls and to report the results of 
the consultations to Congress. Comments from all interested persons are 
welcome. All comments will be made available for public inspection

[[Page 55184]]

and copying and included in a report to be submitted to Congress.

DATES: Comments must be received by October 9, 2012.

ADDRESSES: Comments on this rule may be submitted to the Federal 
e[dash]Rulemaking portal (www.regulations.gov). The regulations.gov ID 
for this rule is: BIS-2012-0038. Comments may also be sent by email to 
publiccomments@bis.doc.gov or on paper to Regulatory Policy Division, 
Bureau of Industry and Security, Department of Commerce, 14th Street & 
Pennsylvania Avenue NW., Room 2099B, Washington, DC 20230. Include the 
phrase ``FPBEC Comment'' in the subject line of the email message or on 
the envelope if submitting comments on paper. All comments must be in 
writing (either submitted to regulations.gov, by email or on paper). 
All comments, including Personal Identifying Information (e.g., name, 
address) voluntarily submitted by the commenter will be a matter of 
public record and will be available for public inspection and copying. 
Do not submit Confidential Business Information or otherwise sensitive 
or protected information.

FOR FURTHER INFORMATION CONTACT: Foreign Policy Division, Office of 
Nonproliferation Controls and Treaty Compliance, Bureau of Industry and 
Security, telephone 202-482-4252. Copies of the current Annual Foreign 
Policy Report to the Congress are available at http://www.bis.doc.gov/news/2012/2012_fpreport.pdf and copies may also be requested by 
calling the Office of Nonproliferation and Treaty Compliance at the 
number listed above.

SUPPLEMENTARY INFORMATION:

Background

    Foreign policy-based controls in the Export Administration 
Regulations (EAR) are implemented pursuant to section 6 of the Export 
Administration Act of 1979, as amended, (50 U.S.C. app. sections 2401-
2420 (2000)) (EAA). The current foreign policy-based export controls 
maintained by the Bureau of Industry and Security (BIS) are set forth 
in the EAR (15 CFR parts 730-774), including in parts 742 (CCL Based 
Controls), 744 (End-User and End-Use Based Controls) and 746 (Embargoes 
and Other Special Controls). These controls apply to a range of 
countries, items, activities and persons, including:
     Entities acting contrary to the national security or 
foreign policy interests of the United States (Sec.  744.11);
     Certain general purpose microprocessors for ``military 
end-uses'' and ``military end-users'' (Sec.  744.17);
     Significant items (SI);
     Hot section technology for the development, production, or 
overhaul of commercial aircraft engines, components, and systems (Sec.  
742.14);
     Encryption items (Sec.  742.15);
     Crime control and detection items (Sec.  742.7);
     Specially designed implements of torture (Sec.  742.11);
     Certain firearms and related items based on the 
Organization of American States Model Regulations for the Control of 
the International Movement of Firearms, their Parts and Components and 
Munitions included within the Inter-American Convention Against the 
Illicit Manufacturing of and Trafficking in Firearms, Ammunition, 
Explosives, and Other Related Materials (Sec.  742.17);
     Regional stability items (Sec.  742.6);
     Equipment and related technical data used in the design, 
development, production, or use of certain rocket systems and unmanned 
air vehicles (Sec. Sec.  742.5 and 744.3);
     Chemical precursors and biological agents, associated 
equipment, technical data, and software related to the production of 
chemical and biological agents (Sec. Sec.  742.2 and 744.4) and various 
chemicals included on the list of those chemicals controlled pursuant 
to the Chemical Weapons Convention (Sec.  742.18);
     Communication intercepting devices, software and 
technology (Sec.  742.13);
     Nuclear propulsion (Sec.  744.5);
     Aircraft and vessels (Sec.  744.7);
     Restrictions on exports and reexports to certain persons 
designated as proliferators of weapons of mass destruction (Sec.  
744.8);
     Certain cameras to be used by military end-users or 
incorporated into a military commodity (Sec.  744.9);
     Countries designated as Supporters of Acts of 
International Terrorism (Sec. Sec.  742.8, 742.9, 742.10, 742.19, 
746.2, 746.4, 746.7, and 746.9);
     Certain entities in Russia (Sec.  744.10);
     Individual terrorists and terrorist organizations 
(Sec. Sec.  744.12, 744.13 and 744.14);
     Certain persons designated by Executive Order 13315 
(``Blocking Property of the Former Iraqi Regime, Its Senior Officials 
and Their Family Members'') (Sec.  744.18);
     Certain sanctioned entities (Sec.  744.20); and
     Embargoed countries (Part 746).
    In addition, the EAR impose foreign policy-based export controls on 
certain nuclear-related commodities, technology, end-uses and end-users 
(Sec. Sec.  742.3 and 744.2), in part, implementing section 309(c) of 
the Nuclear Non Proliferation Act (42 U.S.C. 2139a).

Request for Comments

    Under the provisions of section 6 of the EAA, export controls 
maintained for foreign policy purposes require annual extension. 
Section 6 of the EAA requires a report to Congress when foreign policy-
based export controls are extended. The EAA expired on August 20, 2001. 
Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp., p. 783 
(2002)), which has been extended by successive Presidential Notices, 
the most recent being that of August 15, 2012 (77 FR 49699 (Aug. 16, 
2012)), continues the EAR and, to the extent permitted by law, the 
provisions of the EAA, in effect under the International Emergency 
Economic Powers Act (50 U.S.C. 1701-1706 (2000)). The Department of 
Commerce, as appropriate, follows the provisions of section 6 of the 
EAA by reviewing its foreign policy-based export controls, conducting 
consultations with industry through public comments on such controls, 
and preparing a report to be submitted to Congress. In January 2012, 
the Secretary of Commerce, on the recommendation of the Secretary of 
State, extended for one year all foreign policy-based export controls 
then in effect. BIS is now soliciting public comment on the effects of 
extending the existing foreign policy-based export controls from 
January 2013 to January 2014. Among the criteria considered in 
determining whether to extend U.S. foreign policy-based export controls 
are the following:
    1. The likelihood that such controls will achieve their intended 
foreign policy purposes, in light of other factors, including the 
availability from other countries of the goods, software or technology 
proposed for such controls;
    2. Whether the foreign policy objective of such controls can be 
achieved through negotiations or other alternative means;
    3. The compatibility of the controls with the foreign policy 
objectives of the United States and with overall U.S. policy toward the 
country subject to the controls;
    4. Whether the reaction of other countries to the extension of such 
controls is not likely to render the controls ineffective in achieving 
the intended foreign policy objective or be counterproductive to U.S. 
foreign policy interests;
    5. The comparative benefits to U.S. foreign policy objectives 
versus the effect of the controls on the export performance of the 
United States, the competitive position of the United

[[Page 55185]]

States in the international economy, the international reputation of 
the United States as a supplier of goods and technology; and
    6. The ability of the United States to effectively enforce the 
controls.
    BIS is particularly interested in receiving comments on the 
economic impact of proliferation controls. BIS is also interested in 
industry information relating to the following:
    1. Information on the effect of foreign policy-based export 
controls on sales of U.S. products to third countries (i.e., those 
countries not targeted by sanctions), including the views of foreign 
purchasers or prospective customers regarding U.S. foreign policy-based 
export controls.
    2. Information on controls maintained by U.S. trade partners. For 
example, to what extent do U.S. trade partners have similar controls on 
goods and technology on a worldwide basis or to specific destinations?
    3. Information on licensing policies or practices by our foreign 
trade partners that are similar to U.S. foreign policy based export 
controls, including license review criteria, use of conditions, and 
requirements for pre- and post-shipment verifications (preferably 
supported by examples of approvals, denials and foreign regulations).
    4. Suggestions for bringing foreign policy-based export controls 
more into line with multilateral practice.
    5. Comments or suggestions to make multilateral controls more 
effective.
    6. Information that illustrates the effect of foreign policy-based 
export controls on trade or acquisitions by intended targets of the 
controls.
    7. Data or other information on the effect of foreign policy-based 
export controls on overall trade at the level of individual industrial 
sectors.
    8. Suggestions for measuring the effect of foreign policy-based 
export controls on trade.
    9. Information on the use of foreign policy-based export controls 
on targeted countries, entities, or individuals. BIS is also interested 
in comments relating generally to the extension or revision of existing 
foreign policy-based export controls.
    Parties submitting comments are asked to be as specific as 
possible. All comments received before the close of the comment period 
will be considered by BIS in reviewing the controls and in developing 
the report to Congress. All comments received in response to this 
notice will be displayed on BIS's Freedom of Information Act (FOIA) Web 
site at http://www.bis.doc.gov/foia and on the Federal e-Rulemaking 
portal at www.Regulations.gov. All comments will also be included in a 
report to Congress, as required by section 6 of the EAA, which directs 
that BIS report to Congress the results of its consultations with 
industry on the effects of foreign policy-based controls.

    Dated: August 27, 2012.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2012-21571 Filed 9-6-12; 8:45 am]
BILLING CODE 3510-33-P