Export Administration Regulations: Editorial Clean-Up of References to Foreign Trade Regulations, 4613-4620 [2014-01604]

Agencies

• DEPARTMENT OF COMMERCE
• Bureau of Industry and Security

[Federal Register Volume 79, Number 19 (Wednesday, January 29, 2014)]
[Rules and Regulations]
[Pages 4613-4620]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01604]



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Federal Register / Vol. 79, No. 19 / Wednesday, January 29, 2014 / 
Rules and Regulations

[[Page 4613]]



DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 732, 736, 740, 744, 752, 754, 758, 766, 770, 772

[Docket No. 130829771-3771-01]
RIN 0694-AF97


Export Administration Regulations: Editorial Clean-Up of 
References to Foreign Trade Regulations

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

SUMMARY: The Bureau of Industry and Security (BIS) is amending the 
Export Administration Regulations (EAR) to harmonize it with revisions 
made to the Census Bureau's Foreign Trade Regulations (FTR) by 
correcting citations, nomenclature, and procedures set forth in the 
EAR.

DATES: Effective Date of this rule is January 29, 2014.

ADDRESSES: Comments on this rule may be via email to 
publiccomments@bis.doc.gov or in hardcopy to Regulatory Policy 
Division, Bureau of Industry and Security, Room 2099B, U.S. Department 
of Commerce, 14th St. and Pennsylvania Ave. NW., Washington, DC 20230. 
Please refer to RIN 0694-AF97 in all comments and in the subject line 
of email comments.

FOR FURTHER INFORMATION CONTACT: Sharron Cook, Regulatory Policy 
Division, Bureau of Industry and Security, Department of Commerce, 
Phone: (202) 482-2440 or by email at sharron.cook@bis.doc.gov.

SUPPLEMENTARY INFORMATION 

Background

    The Bureau of the Census (Census Bureau) amended its regulations, 
the Foreign Trade Regulations (FTR) 15 CFR Part 30, to implement a 
requirement for mandatory filing of export information through the 
Automated Export System (AES) or through AESDirect for all shipments 
where a Shipper's Export Declaration (SED) is required and to reflect 
new export reporting requirements, respectively on June 2, 2008 (73 FR 
31555) and March 14, 2013 (78 FR 16366). These rules moved many 
requirements to different sections within the FTR and introduced new 
terminology, e.g., Electronic Export Information (EEI); they did not 
substantively change any of the requirements in the Export 
Administration Regulations (EAR). This rule revises many citation 
references in the EAR to the FTR, removes the term ``Shipper's Export 
Declaration (SED)'' and adds in its place ``Electronic Export 
Information (EEI),'' and makes other amendments to the EAR to harmonize 
it with the current FTR. This rule does not change any substantive 
portions of the EAR.

Section 732.5 Steps

    The title of this section is changed from ``Steps regarding 
Shipper's Export Declaration or Automated Export System record, 
Destination Control Statements, and recordkeeping'' to ``Steps 
regarding Electronic Export Information (EEI) requirements, Destination 
Control Statement, and recordkeeping.'' Paragraph (a) introductory 
paragraph ``Step 27'' title is revised from ``Shipper's Export 
Declaration (SED) or Automated Export System (AES) record'' to read 
``Electronic Export Information (EEI) filing requirements.'' All 
references to the SED are replaced with references to the EEI. The 
title of the Bureau of Census regulations is changed from ``Foreign 
Trade Statistics Regulations (FTSR)'' to ``Foreign Trade Regulations 
(FTR).''
    In paragraph (a)(1) the requirement text is updated to read, ``You 
must report the correct license code that corresponds with your license 
authority (license or license exception) or designation (No License 
Required (NLR)) for your export on the EEI filing, as appropriate.'' 
References are added to 15 CFR 30.6(b)(23) and Part III of Appendix B 
to 15 CFR Part 30 of the FTR. Also, a sentence is added to remind 
exporters that by reporting a code/symbol for a license exception on an 
EEI filing they are certifying that their transaction meets the 
criteria of that license exception. Additionally, it notifies exporters 
that AES checks certain license exception criteria against the data 
entered on the EEI, and that if the data conflicts with eligibility 
criteria of the license exception it will result in a fatal error in 
the AES system.
    Paragraph (a)(1)(i) is redesignated as (a)(2) and the title is 
changed from ``License number and expiration date'' to ``License 
number,'' because the expiration date is no longer required. AES 
automatically checks whether the license has expired. A reference to 15 
CFR 30.6(b)(5) of the FTR is added to this paragraph.
    Paragraph (a)(1)(ii) is removed, as the requirement for entering 
the license exception authority is already addressed in paragraph 
(a)(1).
    Paragraph (a)(1)(iii) is removed, as the requirement for entering 
the license code for the designation NLR is included in paragraph 
(a)(1). The requirements for entering license code for NLR on the EEI 
and proper use of NLR are set forth in Sec.  758.1(g)(3) of the EAR and 
do not need to be repeated here.
    Paragraph (a)(2) ``item description'' is redesignated as (a)(3) and 
terminology and citation references are updated to harmonize with the 
FTR.
    Paragraph (a)(3) ``Entering the ECCN'' is redesignated as (a)(4) 
and terminology and citation references are updated to harmonize with 
the FTR. In addition, this rule clarifies that ``EAR99'' must be 
entered in the Export Control Classification Number (ECCN) block of the 
EEI filing for items that are not classified under an ECCN for all 
licensed and license exception exports, and NLR exports of items having 
a reason for control other than or in addition to anti-terrorism (AT).

Supplement No. 2 to Part 736--Administrative Orders

    Paragraph (a)(3) is amended by removing the reference to the SED in 
paragraph (a)(3)(iv) and adding a new paragraph (a)(3)(v) to the 
definition of the terms ``practice before BIS'' and ``appear before 
BIS.'' These terms will now also include ``reporting on behalf of 
another to the Census Bureau Electronic Export Information to the 
Automated Export System.''

[[Page 4614]]

Part 740--License Exceptions

    Section 740.1 is amended by revising paragraph (d). The Title is 
changed from ``Shippers Export Declaration or Automated Export System 
Record'' to ``Electronic Export Information (EEI) filing.'' This rule 
updates reference citations to the FTR and terminology to harmonize 
with the FTR.
    Section 740.13 ``License Exception TSU'' is amended by revising 
footnote 3 to paragraph (d)(1) to correct FTR references and 
terminology.
    Section 740.15 ``License Exception AVS'' is amended by revising 
paragraphs (c)(1)(iv) and (c)(2)(iv) to correct FTR references and 
terminology.

Section 744.7 Restrictions on certain exports to and for the use of 
certain foreign vessels or aircraft

    Section 744.7 is amended by revising paragraphs (b)(1)(iv) and 
(b)(2)(iv) to correct FTR references and terminology.

Part 752 Special Comprehensive License

    Section 752.7 is amended by revising paragraph (b)(1) to replace 
Shipper's Export Declaration with Electronic Export Information (EEI).
    Section 752.15 is amended by revising paragraph (a) to correct 
terminology in order to harmonize with the FTR.

Part 754 Short Supply

    Section 754.4 is amended by revising paragraph (c)(4) to correct 
FTR references and terminology.
    Supplement No. 2 to Part 754 is amended by revising footnote 1 to 
correct terminology in order to harmonize with the FTR.

Part 758 Export Clearance

    Section 758.1 is revised to update FTR citations and terminology. 
Text that only pertained to FTR has been removed, e.g., the Note to 
paragraph (b) concerning FTR requirements for ``in transit goods.''
    In Sec.  758.1(g)(1), the requirement to input the expiration date 
of the license is removed, because once the license number is entered, 
AES will check the expiration date of the license against the data BIS 
transmits to the AES system.
    In Sec.  758.1(g)(3), this rule removes the option to enter 
``TSPA'' for exports consisting of technology or software outside the 
scope of the EAR. BIS no longer has any need to collect data on this 
subset of NLR exports; therefore, the symbol ``TSPA'' is no longer 
necessary. This rule also clarifies that the NLR designator is to be 
used only when no license is required for the export.

Section 758.2 Automated Export System (AES)

    This section has been completely rewritten, in order to update the 
status and procedures for postdeparture filing (i.e., Option 4) in AES, 
to conform to the FTR.

Section 758.3 Responsibilities of parties to the transaction

    The Note to paragraph (b) is removed, because the FTR no longer has 
a definition for exporter.

Section 758.5 Conformity of documents and unloading of items

    Section 758.5 is amended by revising paragraphs (b), (c)(1), 
(c)(2)(i), (c)(2)(ii), and (d) to correct FTR references and 
terminology.

Section 758.7 Authority of the Office of Export Enforcement, the Bureau 
of Industry and Security, Customs offices and Postmasters in clearing 
shipments

    Section 758.7 is amended by revising paragraph (b)(1)(i) to correct 
FTR references and terminology.

Supplement No. 1 to Part 766 ``Guidance on Charging and Penalty 
Determinations in Settlement of Administrative Enforcement Cases''

    Supplement No. 1 to part 766 ``Guidance on Charging and Penalty 
Determinations in Settlement of Administrative Enforcement Cases'' is 
amended by revising paragraphs (III)(A) ``Related Violations,'' 
(III)(B)(8) ``Mitigating Factors,'' and (III)(B)(4) ``Aggravating 
Factors,'' to correct FTR references and terminology.

Section 770.2 Interpretations

    Section 770.2 is amended by revising paragraphs (e)(2)(ii) and (f), 
to correct FTR references and terminology.

Part 772 Definitions of terms used in the EAR

    Section 772.1 is amended by revising the definitions for the terms 
``Automated Export System (AES),'' ``export control document,'' 
``exporter,'' and ``NLR'' to correct FTR references and terminology. 
For the term ``exporter'' the last sentence that stated the FTR's 
definition for the term exporter, which differed from the definition of 
the term in the EAR, is removed. The newly revised FTR does not define 
the term ``exporter;'' therefore, that last sentence no longer applies 
and is removed by this rule.

Export Administration Act

    Since August 21, 2001, the Export Administration Act of 1979, as 
amended, has been in lapse. However, the President, through Executive 
Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as 
amended by Executive Order 13637 of March 8, 2013, 78 FR 16129 (March 
13, 2013), and as extended by the Notice of August 8, 2013, 78 FR 49107 
(August 12, 2013), has continued the EAR in effect under the 
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). 
BIS continues to carry out the provisions of the Export Administration 
Act, as appropriate and to the extent permitted by law, pursuant to 
Executive Order 13222 as amended by Executive Order 13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been designated a ``not significant 
regulatory action,'' under section 3(f) of Executive Order 12866.
    2. The Department finds that there is good cause under 5 U.S.C. 
553(b)(3)(B) to waive the provisions of the Administrative Procedure 
Act requiring prior notice and the opportunity for public comment 
because they are unnecessary. The revisions made by this rule are 
administrative, not substantive, in nature and merely update the EAR to 
reflect changes to regulations referenced therein. The rule does not 
affect the rights and obligations of the public. Because these 
revisions are not substantive changes to the EAR, it is unnecessary to 
provide prior notice and opportunity for public comment. In addition, 
the 30-day delay in effectiveness required by 5 U.S.C. 553(d) is not 
applicable because this rule is not a substantive rule. As stated 
above, these revisions do not alter any rights or obligations, but 
merely correct citations, nomenclature, and procedures set forth in the 
EAR so that those references are harmonized with revisions that have 
been made to the FTR. The waiver is necessary to avoid undue public 
confusion. As a result, no benefit would be gained by delaying this 
rule's effectiveness for 30 days. This final rule is exempt from the 
analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.)

[[Page 4615]]

because no general notice of proposed rulemaking was required for this 
rule.

List of Subjects

15 CFR Parts 732, 740, 752, and 758

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

15 CFR Parts 736, 770 and 772

    Exports

15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

15 CFR Part 754

    Agricultural commodities, Exports, Forests and forest products, 
Horses, Petroleum, Reporting and recordkeeping requirements.

15 CFR Part 766

    Administrative practice and procedure, confidential business 
information, Exports, Law enforcement, Penalties.

    Accordingly, Parts 732, 736, 740, 744, 752, 754, 758, 766, 770, and 
772 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 8, 2013, 78 FR 
49107 (August 12, 2013). 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 
et seq.; 22 U.S.C. 2151 note; E.O. 12938, 59 FR 59099, 3 CFR, 1994 
Comp., p. 950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; 
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 
FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3 CFR, 
2004 Comp., p. 168; Notice of May 7, 2013, 78 FR 27301 (May 9, 
2013); Notice of August 8, 2013, 78 FR 49107 (August 12, 2013); 
Notice of November 7, 2013, 78 FR 67289 (November 12, 2013).


0
2. Section 732.5 is amended by revising the section heading and 
paragraph (a) to read as follows:


Sec.  732.5  Steps regarding Electronic Export Information (EEI) 
requirements, Destination Control Statements, and recordkeeping.

    (a) Step 27: Electronic Export Information (EEI) filing 
requirements. Exporters or agents authorized to file EEI to the 
Automated Export System (AES), should review Sec.  758.1 of the EAR to 
determine when the EAR requires EEI to be filed and what EEI data 
elements the EAR requires to be included. More detailed information 
about EEI filing procedures and requirements may be found in the Bureau 
of Census Foreign Trade Regulations (FTR) at 15 CFR Part 30. 
Reexporters and firms exporting from abroad may skip Steps 27 through 
29 and proceed directly to Sec.  732.6 of the EAR.
    (1) License code/license exception code (license code). You must 
report the correct license code that corresponds with your license 
authority (license or license exception) or designation (No License 
Required (NLR)) for your export on the EEI filing, as appropriate. See 
Sec.  758.1(g) of the EAR and 15 CFR 30.6(a)(23) and Part III of 
Appendix B to 15 CFR Part 30 of the FTR. Generally, conflicts of data 
elements with license exception criteria, e.g., ECCN or destination, 
will result in a fatal error in the AES system. By reporting a license 
code for a license exception on an EEI filing you are certifying that 
your transaction meets the criteria of that license exception. By 
reporting a license code of NLR you are certifying that no license is 
required for your export.
    (2) License number. If you are exporting under the authority of a 
license, you must report the license number on the EEI filing. See 15 
CFR 30.6(b)(5) of the FTR.
    (3) Item description. You must report an item description identical 
to the item description on the license when a license is required, or 
report an item description sufficient in detail to permit review by the 
U.S. Government and verification of the Schedule B Number or the 
Harmonized Tariff Schedule of the United States (HTS) for license 
exception exports or exports for which No License is Required (NLR). 
See Sec.  758.1(g) of the EAR; and 15 CFR 30.6(a)(13) of the FTR.
    (4) Entering the ECCN. You must report the correct Export Control 
Classification Number (ECCN) or ``EAR99'' for items that are not 
classified under an ECCN on the EEI filing for all licensed and license 
exception exports, and ``No License Required'' (NLR) exports of items 
having a reason for control other than or in addition to anti-terrorism 
(AT). The only exception to this requirement would be the return of 
unwanted foreign origin items, meeting the provisions of License 
Exception TMP, under Sec.  740.9(b)(3) of the EAR. See Sec.  758.1(g) 
of the EAR and 15 CFR 30.6(b)(6) of the FTR.
* * * * *

PART 736--[AMENDED]

0
3. The authority citation for 15 CFR Part 736 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 2151 note; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 
CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., 
p. 168; Notice of May 7, 2013, 78 FR 27301 (May 9, 2013); Notice of 
August 8, 2013, 78 FR 49107 (August 12, 2013); Notice of November 7, 
2013, 78 FR 67289 (November 12, 2013).

0
4. Supplement No. 2 to Part 736 is amended by:
0
a. Removing the phrase ``Shipper's Export Declarations also are'' from 
``Administrative Order One'' and adding in its place ``Electronic 
Export Information (EEI) filings via the Automated Export System (AES) 
are also''; and
0
b. Revising paragraph (a)(3) of Administrative Order Two to read as 
follows:

Supplement No. 2 to Part 736--Administrative Orders

* * * * *
    Administrative Order Two * * *
    (a) * * *
    (3) Definition. As used in this Administration Order, the terms 
``practice before BIS'' and ``appear before BIS'' include:
    (i) The submission on behalf of another of applications for 
export licenses or other documents required to be filed with BIS, or 
the execution of the same;
    (ii) Conferences or other communications on behalf of another 
with officers or employees of BIS for the purpose of soliciting or 
expediting approval by BIS of applications for export licenses or 
other documents, or with respect to quotas, allocations, 
requirements or other export control actions, pertaining to matters 
within the jurisdiction of BIS;
    (iii) Participating on behalf of another in any proceeding 
pending before BIS;
    (iv) Submission on behalf of another of a license or other 
export control document to U.S. Customs and Border Protection (CBP); 
and
    (v) Reporting on behalf of another Electronic Export Information 
via the Automated Export System (AES) to CBP.
* * * * *

PART 740--[AMENDED]

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

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., 
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 
of August 8, 2013, 78 FR 49107 (August 12, 2013).

0
5A. Section 740.1 is amended by revising paragraph (d) to read as 
follows:

[[Page 4616]]

Sec.  740.1  Introduction.

* * * * *
    (d) Electronic Export Information (EEI) filing. You must enter on 
any required EEI filing the correct License Code that corresponds to 
the appropriate license exception symbol (e.g., LVS, GBS, CIV) and the 
correct Export Control Classification Number (ECCN) (e.g., 4A003, 
5A002) for all exports of items under a license exception. Items 
temporarily in the United States meeting the provisions of License 
Exception TMP, under Sec.  740.9(b)(3), are excepted from this 
requirement. See Sec.  758.1 of the EAR and 15 CFR Part 30 of the FTR 
for EEI requirements.
* * * * *
0
6. Section 740.13 is amended by revising footnote 3 to paragraph (d)(1) 
to read as follows:


Sec.  740.13  Technology and software--unrestricted (TSU).

* * * * *
    (d) * * *
    (1) * * *

    \3\ Pursuant to 15 CFR Sec.  30.37(f) of the Foreign Trade 
Regulations (FTR), Electronic Export Information (EEI) via the 
Automated Export System (AES) is required for mass-market software.

0
7. Section 740.15 is amended by revising paragraphs (c)(1)(iv) and 
(c)(2)(iv), to read as follows:


Sec.  740.15  Aircraft and vessels (AVS).

* * * * *
    (c) * * *
    (1) * * *
    (iv) Shipped as cargo for which Electronic Export Information (EEI) 
is filed to the Automated Export System (AES) in accordance with the 
requirements of the Foreign Trade Regulations (FTR) (15 CFR Part 30), 
except EEI is not required to be filed when any of the commodities, 
other than fuel, is exported by U.S. airlines to their own aircraft 
abroad for their own use, see 15 CFR 30.37(o) of the FTR.
    (2) * * *
    (iv) Shipped as cargo for which Electronic Export Information (EEI) 
is filed to the Automated Export System (AES) record is filed in 
accordance with the requirements of the Foreign Trade Regulations (FTR) 
(15 CFR Part 30), except EEI is not required to be filed when any of 
these commodities is exported by U.S. airlines to their own 
installations and agents abroad for use in their aircraft operations, 
see 15 CFR 30.37(o) of the FTR.
* * * * *

PART 744--[AMENDED]

0
8. The authority citation for 15 CFR Part 744 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; 
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 
CFR, 2001 Comp., p. 786; Notice of January 17, 2013, 78 FR 4303 
(January 22, 2013) Notice of August 8, 2013, 78 FR 49107 (August 12, 
2013); Notice of September 18, 2013, 78 FR 58151 (September 20, 
2013); Notice of November 7, 2013, 78 FR 67289 (November 12, 2013).


0
9. Section 744.7 is amended by revising paragraphs (b)(1)(iv) and 
(b)(2)(iv) to read as follows:


Sec.  744.7  Restrictions on certain exports to and for the use of 
certain foreign vessels or aircraft.

* * * * *
    (b) * * *
    (1) * * *
    (iv) Shipped as cargo for which Electronic Export Information (EEI) 
is filed to the Automated Export System (AES) in accordance with the 
requirements of the Foreign Trade Regulations (FTR) (15 CFR Part 30), 
except EEI is not required to be filed when any of the commodities, 
other than fuel, is exported by U.S. airlines to their own aircraft 
abroad for their own use, see 15 CFR 30.37(o) of the FTR.
    (2) * * *
    (iv) Shipped as cargo for which Electronic Export Information (EEI) 
is filed to the Automated Export System (AES) in accordance with the 
requirements of the Foreign Trade Regulations (FTR) (15 CFR Part 30), 
except EEI is not required to be filed when any of these commodities is 
exported by U.S. airlines to their own installations and agents abroad 
for use in their aircraft operations, see 15 CFR 30.37(o) of the FTR.
* * * * *

PART 752--[AMENDED]

0
10. The authority citation for 15 CFR Part 752 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13222, 66 
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 8, 2013, 78 FR 
49107 (August 12, 2013).


0
11. Section 752.7 is amended by revising paragraph (b)(1) to read as 
follows:


Sec.  752.7  Direct shipment to customers.

* * * * *
    (b) * * *
    (1) Exports by an SCL holder. The SCL holder may make a direct 
shipment by entering on the Electronic Export Information (EEI) the 
name and address of the customer as ultimate consignee and adding the 
notation ``by order of (name and address of consignee requesting the 
direct shipment).'' The notation must appear below the item description 
in the commodity description field and must cite the SCL number 
followed by the three digit number of the consignee requesting the ``by 
order of'' shipment.
* * * * *

0
12. Section 752.15 is amended by revising paragraph (a) to read as 
follows:


Sec.  752.15  Export clearance.

    (a) Electronic Export Information (EEI). The EEI filing to the 
Automated Export System (AES) covering an export made under an SCL must 
be prepared in accordance with requirements of the Foreign Trade 
Regulations (15 CFR Part 30) and Sec.  758.1 of the EAR.
    (1) Item descriptions. Item descriptions on the EEI must indicate 
specifically the ECCN and item description conforming to the applicable 
CCL description and incorporating any additional information where 
required by Schedule B (e.g., type, size, name of specific item, etc.).
    (2) Value of shipments. There is no value limitation on shipments 
under the SCL; however, you must indicate the value of each shipment on 
EEI.
    (3) SCL number. The EEI must include the Special Comprehensive 
License (SCL) number in the License Number field and the name of the 
SCL's approved consignee in the Ultimate Consignee field to whom the 
shipment is authorized.
* * * * *

PART 754--[AMENDED]

0
13. The authority citation for 15 CFR Part 754 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); 30 U.S.C. 185(s), 185(u); 42 
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; E.O. 11912, 41 FR 
15825, 3 CFR, 1976 Comp., p. 114; E.O. 13222, 66 FR 44025, 3 CFR, 
2001 Comp., p. 783; Notice of August 8, 2013, 78 FR 49107 (August 
12, 2013).


[[Page 4617]]



0
14. Section 754.2 is amended by revising paragraphs (h)(2) and (i)(3), 
to read as follows:


Sec.  754.2  Crude oil.

* * * * *
    (h) * * *
    (2) A person exporting crude oil pursuant to this License Exception 
must enter on any required Electronic Export Information (EEI) filing 
to the Automated Export System (AES) the correct license code that 
corresponds to ``SS-SPR.''
    (i) * * *
    (3) A person exporting crude oil pursuant to this License Exception 
must enter on any required Electronic Export Information (EEI) filing 
to the Automated Export System (AES) the correct license code that 
corresponds to ``SS-SAMPLE.''
* * * * *

0
15. Section 754.4 is amended by revising paragraph (c)(4) to read as 
follows:


Sec.  754.4  Unprocessed western red cedar.

* * * * *
    (c) * * *
    (4) A person exporting any item pursuant to this license exception 
must enter on any required Electronic Export Information (EEI) filing 
to the Automated Export System (AES) the correct license code that 
corresponds to ``SS-WRC.''
* * * * *

0
16. Supplement No. 2 to Part 754 is amended by revising footnote 1 to 
read as follows:

Supplement No. 2 to Part 754--Unprocessed Western Red Cedar

* * * * *
    \1\ Schedule B Numbers are provided only as a guide to proper 
completion of the Electronic Export Information (EEI) filing to the 
Automated Export System (AES).

PART 758--[AMENDED]

0
17. The authority citation for 15 CFR Part 758 continues to read as 
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 
8, 2013, 78 FR 49107 (August 12, 2013).


0
18. Sections 758.1 and 758.2 are revised to read as follows:


Sec.  758.1  The Electronic Export Information (EEI) filing to the 
Automated Export System (AES).

    (a) The Electronic Export Information (EEI) filing to the Automated 
Export System (AES). The EEI is used by the Bureau of Census to collect 
trade statistics and by the Bureau of Industry and Security for export 
control purposes. The EEI collects basic information such as the names 
and addresses of the parties to a transaction; the Export Control 
Classification Number (ECCN) (when required), the Schedule B number or 
Harmonized Tariff Schedule of the United States (HTS) number, the 
description, quantity and value of the items exported; and the license 
authority for the export. The EEI is a statement to the United States 
Government that the transaction occurred as described.
    (b) When is an EEI filing required to be filed in the AES. Except 
when the export of items subject to the EAR is to take place 
electronically or in an otherwise intangible form, you must file EEI in 
the AES with the United States Government for items subject to the EAR, 
including exports by U.S. mail, in the following situations:
    (1) For all exports of items subject to the EAR that are destined 
to a country in Country Group E:1 of Supplement No. 1 to Part 740 of 
the EAR regardless of value;
    (2) For all exports subject to the EAR that require submission of a 
license application, regardless of value or destination;
    (3) For all exports of ``600 series'' items enumerated in 
paragraphs .a through .x of a ``600 series'' ECCN regardless of value 
or destination, including exports to Canada;
    (4) For all exports under license exception Strategic Trade 
Authorization (STA);
    (5) For all exports of commodities and mass market software subject 
to the EAR when the value of the commodities or mass market software 
classified under a single Schedule B Number (or HTS) is over $2,500, 
except as exempted by the Foreign Trade Regulations (FTR) in 15 CFR 
Part 30 and referenced in paragraph (c) of this section;
    (6) For all exports of items subject to the EAR that will be 
transshipped through Canada to a third destination, where the export 
would require EEI or license if shipped directly to the final 
destination from the United States (see 15 CFR 30.36(b)(2) of the FTR); 
or
    (7) For all items exported under authorization Validated End-User 
(VEU).
    (c) Exemptions. A complete list of exemptions from the EEI filing 
requirement is set forth in the 15 CFR 30.35 through 30.40 of the FTR. 
Some of these FTR exemptions have elements in common with certain EAR 
license exceptions. An FTR exemption may be narrower than an EAR 
license exception. The following references are provided in order to 
direct you to the FTR exemptions that relate to EAR license exceptions:
    (1) License Exception Baggage (BAG), as set forth in Sec.  740.14 
of the EAR. See 15 CFR 30.37(x) of the FTR;
    (2) License Exception Gift Parcels and Humanitarian Donations 
(GFT), as set forth in Sec.  740.12 of the EAR. See 15 CFR 30.37(h) of 
the FTR;
    (3) License Exception Aircraft and Vessels (AVS), as set forth in 
Sec.  740.15 of the EAR. See 15 CFR 30.37(o) (5) of the FTR;
    (4) License Exception Governments and International Organizations 
(GOV), as set forth in Sec.  740.11 of the EAR. See 15 CFR 30.39 and 
30.40 of the FTR;
    (5) License Exception Technology and Software Under Restriction 
(TSR), as set forth in Sec.  740.6 of the EAR. See 15 CFR 30.37(f) of 
the FTR; or
    (6) License Exception Temporary Imports, Exports, and Reexports 
(TMP) ``tools of trade'', as set forth in Sec.  740.9(a)(2)(i) of the 
EAR. See 15 CFR 30.37(b) of the FTR.
    (d) Notation on export documents for exports exempt from EEI filing 
requirements. When an exemption from filing the EEI applies, the export 
authority (license exception or NLR) of all the items must be entered 
on the loading document (e.g., Cargo Declaration, manifest, bill of 
lading, (master) air waybill) by the person responsible for preparing 
the document, see 15 CFR 30.35 of the FTR. This requirement is intended 
to parallel the Bureau of Census requirement, so that notations as to 
the basis for the EEI exemption and the license authority are entered 
in the same place and manner (see 15 CFR 30.45(e) and (f) of the FTR 
for detailed requirements). The loading document must be available for 
inspection by government officials, along with the items, prior to 
lading on the carrier.
    (e) Filing the Electronic Export Information (EEI) to the AES. The 
person who files the EEI to the AES must be in the United States at the 
time of filing. The person who transmits the EEI to the AES must be a 
certified AES participant in accordance with 15 CFR 30.5 of the FTR. 
The person who transmits EEI to the AES, whether exporter (U.S. 
principal party in interest) or agent, is responsible for the truth, 
accuracy, and completeness of the EEI, except insofar as that person 
can demonstrate that he or she reasonably relied on information 
furnished by others.
    (f) The EEI is an export control document. The EEI is a statement 
to the United States Government. The EEI is an export control document 
as defined in Part 772 of the EAR. False statements

[[Page 4618]]

made thereon may be a violation of Sec.  764.2(g) of the EAR. When EEI 
is filed to the AES, the filer of the EEI represents the following:
    (1) Export of the items described on the EEI filing is authorized 
under the terms and conditions of a license issued by BIS; is in 
accordance with the terms and conditions of a license exception; is 
authorized under ``NLR'' as no license is required for the shipment; or 
is not subject to the EAR;
    (2) Statements on the EEI filing are in conformity with the 
contents of any license issued by BIS, with the possible exception of 
the exporter block in routed transactions; and
    (3) All information shown on the EEI filing is true, accurate, and 
complete.
    (g) Export control information on the EEI filing in AES. For each 
item on the EEI filing, you must report the license authority (license 
number, License Exception symbol, or No License Required (NLR) 
designator), the Export Control Classification Number (ECCN) (when 
required), and the item description in the designated blocks. The item 
description must be stated in Commerce Control List (CCL) terms. If 
those terms are inadequate to meet the Bureau of Census requirements, 
the FTR requires that you give enough additional detail to permit 
verification of the Schedule B Number (or Harmonized Tariff Schedule of 
the United States (HTS) number). See 15 CFR Part 30, Appendix B, Part 
III of the FTR for license codes.
    (1) Exports under a license. When exporting under the authority of 
a license, you must report on the EEI filing to the AES the license 
code that corresponds to the license, license number, the ECCN, and an 
item description identical to the item description on the license.
    (2) Exports under a license exception. You must report on any 
required EEI filing to the AES the ECCN and the correct License 
Exception symbol (e.g., LVS, GBS, CIV) for the License Exception(s) and 
the license code/license exception code that corresponds to the license 
exception under which you are exporting. Items temporarily in the 
United States meeting the provisions of License Exception TMP, under 
Sec.  740.9(b)(3), are exempted from entering the ECCN. See also Sec.  
740.1(d) of the EAR.
    (3) No License Required (NLR) exports. You must report on any 
required EEI filing to the AES the correct license code/license 
exception code when using the ``NLR'' designation for the items that 
are subject to the EAR but not listed on the Commerce Control List 
(CCL) (i.e., items are designated as EAR99) (FTR license code ``C33''), 
and when the items to be exported are listed on the CCL but are not 
subject to a license requirement. In addition, you must enter the 
correct ECCN on any required EEI filing for all items being exported 
under the NLR provisions that have a reason for control other than or 
in addition to anti-terrorism (AT).
    (h) Power of attorney or other written authorization. In a ``power 
of attorney'' or other written authorization, authority is conferred 
upon an agent to perform certain specified acts or kinds of acts on 
behalf of a principal.
    (1) An agent must obtain a power of attorney or other written 
authorization in the following circumstances:
    (i) An agent that represents a foreign principal party in interest 
in a routed transaction must obtain a power of attorney or other 
written authorization that sets forth his authority; and
    (ii) An agent that applies for a license on behalf of a principal 
party in interest must obtain a power of attorney or other written 
authorization that sets forth the agent's authority to apply for the 
license on behalf of the principal.

    Note to paragraph (h)(1):  The Bureau of Census Foreign Trade 
Regulations impose additional requirements for a power of attorney 
or other written authorization. See 15 CFR 30.3(f) of the FTR.

    (2) This requirement for a power of attorney or other written 
authorization is a legal requirement aimed at ensuring that the parties 
to a transaction negotiate and understand their responsibilities. The 
absence of a power of attorney or other written authorization does not 
prevent BIS from using other evidence to establish the existence of an 
agency relationship for purposes of imposing liability.
    (i) Filing the Electronic Export Information (EEI). The EEI must be 
filed with the United States Government in the manner prescribed by the 
Bureau of Census Foreign Trade Regulations (15 CFR Part 30).


Sec.  758.2  Automated Export System (AES).

    The Bureau of the Census' Foreign Trade Regulations (FTR) (15 CFR 
Part 30) contain provisions for filing Electronic Export Information 
(EEI) using the Automated Export System (AES). In order to use AES, you 
must apply directly to the Bureau of the Census (Census Bureau) for 
certification and approval (see 15 CFR 30.5(a) of the FTR). Two 
electronic filing options (predeparture and postdeparture) are 
available for transmitting EEI. Predeparture filing requires that all 
information be reported in AES prior to export (15 CFR 30.4(a) and (b) 
of the FTR). Postdeparture filing is available only for approved 
companies (approved by the Census Bureau, U.S. Customs and Border 
Protection, and BIS) and requires no information to be transmitted 
prior to export with complete information reported postdeparture no 
later than five (5) calendar days after the date of exportation (15 CFR 
30.4(c) of the FTR).
    (a) Census Bureau's postdeparture application process. Exporters, 
or agents applying on behalf of an exporter, may apply for 
postdeparture privileges by submitting a Letter of Intent to the Bureau 
of Census (Census Bureau) Census Bureau in accordance with 15 CFR 
30.5(a) of the FTR. The Census Bureau will distribute the Letter of 
Intent to BIS and other agencies participating in the postdeparture 
approval process. Any agency may notify the Census Bureau that an 
applicant has failed to meet its acceptance standards, and the Census 
Bureau will provide a denial letter to the applicant naming the denying 
agency. If the Census Bureau receives neither notification of denial, 
nor a request for an extension from the agency within 30 days of the 
date of referral of the letter of intent to the agency, the applicant 
is deemed to be approved by that agency. (15 CFR 30.5(c) of the FTR).
    (b) BIS postdeparture evaluation criteria. BIS will consider the 
grounds for denial of postdeparture filing status set forth in 15 CFR 
30.5(c)(1) of the FTR, as well as the additional grounds for denial set 
forth in this paragraph.
    (1) Applicants have not been approved for postdeparture filing 
privileges by the Census Bureau or other agency;
    (2) Any party to the export transaction is contained on BIS's 
Denied Party, Entity Lists, [SDN], or Unverified List;
    (3) Exports are destined to a country in Country Group E:1 
(Supplement No.1 to Part 740 of the EAR);
    (4) Exports are made under License Exception Strategic Trade 
Authorization (STA); are made under authorization Validated End User 
(VEU); or are ``600 series'' items; or
    (5) Exports containing items that require a BIS license or have an 
ECCN controlled for reasons other than Anti-Terrorism only or 
Encryption Items.
    (c) Contacts for assistance. (1) For additional information on the 
AES in general, please contact the Foreign Trade Division, U.S. Census 
Bureau, (800) 549-0595, ext. 1.
    (2) For information about BIS's postdeparture approval process for 
items subject to the EAR, contact: Director, Office of Technology 
Evaluation, Bureau of Industry and Security, (202) 482-4933, facsimile: 
(202) 482-5361.

[[Page 4619]]

Sec.  758.3  [Amended]

0
19. Section 758.3 is amended by removing the Note to paragraph (b).

0
20. Section 758.5 is amended by revising paragraphs (b), (c)(1), 
(c)(2), and (d), to read as follows:


Sec.  758.5  Conformity of documents and unloading of items.

* * * * *
    (b) Conformity of documents. When a license is issued by BIS, the 
information entered on related export control documents (e.g., 
Electronic Export Information (EEI) filing, bill of lading or air 
waybill) must be consistent with the license.
    (c) Issuance of the bill of lading or air waybill. (1) Ports in the 
country of the ultimate consignee or end user. No person may issue a 
bill of lading or air waybill that provides for delivery of licensed 
items to any foreign port located outside the country of an 
intermediate consignee, ultimate consignee, or end user named on the 
BIS license and in the EEI filing.
    (2) Optional ports of unloading. (i) Licensed items. No person may 
issue a bill of lading or air waybill that provides for delivery of 
licensed items to optional ports of unloading unless all the optional 
ports are within the country of ultimate destination or are included on 
the BIS license and in the EEI filing.
    (ii) Unlicensed items. For shipments of items that do not require a 
license, the exporter may designate optional ports of unloading in EEI 
filing and on other export control documents, so long as the optional 
ports are in countries to which the items could also have been exported 
without a license.
    (d) Delivery of items. No person may deliver items to any country 
other than the country of an intermediate consignee, ultimate 
consignee, or end user named on the BIS license and EEI filing without 
prior written authorization from BIS, except for reasons beyond the 
control of the carrier (such as acts of God, perils of the sea, damage 
to the carrier, strikes, war, political disturbances or insurrection).
* * * * *

0
21. Section 758.7 is amended by revising paragraph (b)(1)(i) to read as 
follows:


Sec.  758.7  Authority of the Office of Export Enforcement, the Bureau 
of Industry and Security, Customs offices and Postmasters in clearing 
shipments.

* * * * *
    (b) * * *
    (1) * * *
    (i) Purpose of inspection. All items declared for export are 
subject to inspection for the purpose of verifying the items specified 
in the Electronic Export Information (EEI) filing, or if there is no 
EEI filing, the bill of lading or other loading document covering the 
items about to be exported, and the value and quantity thereof, and to 
assure observance of the other provisions of the Export Administration 
Regulations. This authority applies to all exports within the scope of 
the Export Administration Act or Export Administration Regulations 
whether or not such exports require a license issued by BIS. The 
inspection may include, but is not limited to, item identification, 
technical appraisal (analysis), or both.
* * * * *

PART 766--[AMENDED]

0
22. The authority citation for 15 CFR Part 766 continues to read as 
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 
8, 2013, 78 FR 49107 (August 12, 2013).


0
23. Supplement No. 1 to Part 766 is amended by revising the ``Related 
Violations'' paragraph in section III.A., revising paragraph 8. under 
the heading ``Mitigating Factors'' in section III.B., and revising 
paragraph 4. under the heading ``Aggravating Factors'' in section 
III.B. to read as follows:

Supplement No. 1 to Part 766--Guidance on Charging and Penalty 
Determinations in Settlement of Administrative Enforcement Cases

* * * * *

III. How BIS Determines What Sanctions Are Appropriate in a Settlement

    A. * * *
    Related Violations: Frequently, a single export transaction can 
give rise to multiple violations. For example, an exporter who mis-
classifies an item on the Commerce Control List may, as a result of 
that error, export the item without the required export license and 
file Electronic Export Information (EEI) to the Automated Export 
System (AES) that both misstates the applicable Export Control 
Classification Number (ECCN) and erroneously identifies the export 
as qualifying for the designation ``NLR'' (no license required). In 
so doing, the exporter commits three violations: one violation of 
Sec.  764.2(a) of the EAR for the unauthorized export and two 
violations of Sec.  764.2(g) for the two false statements on the EEI 
filing to the AES. It is within the discretion of BIS to charge 
three separate violations and settle the case for a penalty that is 
less than would be appropriate for three unrelated violations under 
otherwise similar circumstances, or to charge fewer than three 
violations and pursue settlement in accordance with that charging 
decision. In exercising such discretion, BIS typically looks to 
factors such as whether the violations resulted from knowing or 
willful conduct, willful blindness to the requirements of the EAR, 
or gross negligence; whether they stemmed from the same underlying 
error or omission; and whether they resulted in distinguishable or 
separate harm.
* * * * *
    B. Specific Mitigating and Aggravating Factors:
* * * * *
    Mitigating Factors
* * * * *
    8. The violation was not likely to involve harm of the nature 
that the applicable provisions of the EAA, EAR or other authority 
(e.g., a license condition) were intended to protect against; for 
example, a false statement on an Electronic Export Information (EEI) 
filing to the Automated Export System (AES) that an export was 
``NLR,'' when in fact a license requirement was applicable, but a 
license exception was available.
* * * * *
    Aggravating Factors
* * * * *
    4. The violation was likely to involve harm of the nature that 
the applicable provisions of the EAA, EAR or other authority (e.g., 
a license condition) are principally intended to protect against, 
e.g., a false statement on an Electronic Export Information (EEI) 
filing to the Automated Export System (AES) that an export was 
destined for a non-embargoed country, when in fact it was destined 
for an embargoed country.
* * * * *

PART 770--[AMENDED]

0
24. The authority citation for 15 CFR Part 770 continues to read as 
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 
8, 2013, 78 FR 49107 (August 12, 2013).


0
25. Section 770.2 is amended by revising paragraphs (e)(2)(ii) and (f), 
to read as follows:


Sec.  770.2  Item interpretations.

* * * * *
    (e) * * *
    (2) * * *
    (ii) When preparing the Electronic Export Information (EEI) on the 
Automated Export System (AES), a system being shipped complete (i.e., 
machine and control unit), should be reported under the Schedule B 
number for each machine. When either a control unit or a machine is 
shipped separately, it should be reported under the Schedule B number 
appropriate for the individual item being exported.
    (f) Interpretation 6: ``Parts,'' ``accessories,'' and equipment 
exported as scrap. ``Parts,'' ``accessories,'' or equipment that are 
being shipped as scrap should be described on the EEI filing to the AES 
in sufficient detail to be identified under the proper ECCN.

[[Page 4620]]

When commodities declared as ``parts,'' ``accessories,'' or equipment 
are shipped in bulk, or are otherwise not packaged, packed, or sorted 
in accordance with normal trade practices, the Customs Officer may 
require evidence that the shipment is not scrap. Such evidence may 
include, but is not limited to, bills of sale, orders and 
correspondence indicating whether the commodities are scrap or are 
being exported for use as ``parts,'' ``accessories,'' or equipment.
* * * * *

PART 772--[AMENDED]

0
26. The authority citation for 15 CFR Part 772 continues to read as 
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 
8, 2013, 78 FR 49107 (August 12, 2013).


Sec.  772.1  [Amended]

0
27. Section 772.1 is amended by revising the following definitions 
``Automated Export System (AES)'', ``export control document'', 
``exporter'', and ``NLR'', to read as follows:


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

* * * * *
    Automated Export System (AES). AES is a nationwide system 
operational at all ports and for all methods of transportation through 
which export shipment data required by multiple agencies is filed 
electronically to U.S. Customs and Border Protection, using the 
efficiencies of Electronic Data Interchange (EDI). AES allows the 
export information to be collected electronically and edited 
immediately. For more information about AES, visit the Bureau of Census 
Web site at: https://www.census.gov/foreign-trade/aes/ or see 
15 CFR Part 30 the Foreign Trade Regulations
* * * * *
    Export control document. A license; application for license; any 
and all documents submitted in accordance with the requirements of the 
EAR in support of, or in relation to, a license application; 
application for International Import Certificate; Delivery Verification 
Certificate or similar evidence of delivery; Electronic Export 
Information (EEI) on the Automated Export System (AES) presented in 
connection with shipments to any country; a Dock Receipt or bill of 
lading issued by any carrier in connection with any export subject to 
the EAR and any and all documents prepared and submitted by exporters 
and agents pursuant to the export clearance requirements of Part 758 of 
the EAR; a U.S. exporter's report of request received for information, 
certification, or other action indicating a restrictive trade practice 
or boycott imposed by a foreign country against a country friendly to 
the United States, submitted to the U.S. Department of Commerce in 
accordance with the provisions of Part 760 of the EAR; Customs Form 
7512, Transportation Entry and Manifest of Goods, Subject to Customs 
Inspection and Permit, when used for Transportation and Exportation (T. 
& E.) or Immediate Exportation (I.E.); and any other document issued by 
a U.S. Government agency as evidence of the existence of a license for 
the purpose of loading onto an exporting carrier or otherwise 
facilitating or effecting an export from the United States or any 
reexport of any item requiring a license.
    Exporter. The person in the United States who has the authority of 
a principal party in interest to determine and control the sending of 
items out of the United States.
* * * * *
    NLR. NLR (``no license required'') is a symbol entered on the 
Electronic Export Information filing on the Automated Export System 
certifying that no license is required.
* * * * *

    Dated: January 21, 2014.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2014-01604 Filed 1-28-14; 8:45 am]
BILLING CODE 3510-33-P