Revisions to License Exception Availability for Consumer Communications Devices and Licensing Policy for Civil Telecommunications-Related Items Such as Infrastructure Regarding Sudan, 8520-8524 [2015-03329]
Download as PDF
<![CDATA[
8520
Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations
recent notice continuing that
emergency.
This rule is purely procedural and
makes no changes other than to revise
CFR authority paragraphs for the
purpose of making the authority
citations current. It does not change the
text of any section of the EAR, nor does
it alter any right, obligation or
prohibition that applies to any person
under the EAR.
mstockstill on DSK4VPTVN1PROD with RULES
Export Administration Act
Although the Export Administration
Act expired on August 20, 2001, the
President, through Executive Order
13222 of August 17, 2001, 3 CFR, 2001
Comp., p. 783 (2002), as amended by
Executive Order 13637 of March 8,
2013, 78 FR 16129 (March 13, 2013) and
as extended by the Notice of August 7,
2014, 79 FR 46959 (August 11, 2014),
has continued the Export
Administration Regulations in effect
under the International Emergency
Economic Powers Act (50 U.S.C. 1701).
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). This rule does not impose any
regulatory burden on the public and is
consistent with the goals of Executive
Order 13563. This rule has been
determined not to be significant for
purposes of Executive Order 12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This rule does
not involve any collection of
information.
3. This rule does not contain policies
with Federalism implications as that
term is defined under Executive Order
13132.
4. The Department finds that there is
good cause under 5 U.S.C. 553(b)(3)(B)
to waive the provisions of the
VerDate Sep<11>2014
17:46 Feb 17, 2015
Jkt 235001
Administrative Procedure Act requiring
prior notice and the opportunity for
public comment because they are
unnecessary. This rule only updates
legal authority citations. It clarifies
information and is non-discretionary.
This rule does not alter any right,
obligation or prohibition that applies to
any person under the EAR. Because
these revisions are not substantive
changes, it is unnecessary to provide
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. Because
neither the Administrative Procedure
Act nor any other law requires that
notice of proposed rulemaking and an
opportunity for public comment be
given for this rule, the analytical
requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are
not applicable.
List of Subjects
15 CFR Part 730
Administrative practice and
procedure, Advisory committees,
Exports, Reporting and recordkeeping
requirements, Strategic and critical
materials.
15 CFR Part 744
Exports, Reporting and recordkeeping
requirements, Terrorism.
Accordingly, parts 730 and 744 of the
EAR (15 CFR parts 730–774) are
amended as follows:
168; E.O. 13637 of March 8, 2013, 78 FR
16129 (March 13, 2013); Notice of May 7,
2014, 79 FR 26589 (May 9, 2014); Notice of
August 7, 2014, 79 FR 46959 (August 11,
2014); Notice of September 17, 2014, 79 FR
56475 (September 19, 2014); Notice of
November 7, 2014, 79 FR 67035 (November
12, 2014); Notice of January 21, 2015, 80 FR
3461 (January 22, 2015).
PART 744—[AMENDED]
2. The authority citation for 15 CFR
part 744 is revised to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; 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 21, 2014, 79 FR 3721
(January 22, 2014); Notice of August 7, 2014,
79 FR 46959 (August 11, 2014); Notice of
September 17, 2014, 79 FR 56475 (September
19, 2014); Notice of January 21, 2015, 80 FR
3461 (January 22, 2015).
Dated: February 9, 2015.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2015–03318 Filed 2–17–15; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
PART 730—[AMENDED]
Bureau of Industry and Security
1. The authority citation for 15 CFR
part 730 is revised to read as follows:
15 CFR Parts 740 and 742
■
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. 2151 note;
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. 11912, 41 FR 15825, 3 CFR,
1976 Comp., p. 114; E.O. 12002, 42 FR 35623,
3 CFR, 1977 Comp., p. 133; E.O. 12058, 43
FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
12214, 45 FR 29783, 3 CFR, 1980 Comp., p.
256; E.O. 12851, 58 FR 33181, 3 CFR, 1993
Comp., p. 608; E.O. 12854, 58 FR 36587, 3
CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR
28205, 3 CFR, 1994 Comp., p. 899; 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. 12981, 60 FR 62981, 3
CFR, 1995 Comp., p. 419; 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. 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; E.O.
13338, 69 FR 26751, 3 CFR, 2004 Comp., p
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
[Docket No. 140812661–4661–01]
RIN 0694–AG24
Revisions to License Exception
Availability for Consumer
Communications Devices and
Licensing Policy for Civil
Telecommunications-Related Items
Such as Infrastructure Regarding
Sudan
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
This rule amends the Export
Administration Regulations to revise the
general licensing policy of denial to one
of case-by-case licensing for exports and
reexports to Sudan of
telecommunications equipment and
associated computers, software, and
technology for civil end use, including
items useful for the development of civil
telecommunications network
SUMMARY:
E:\FR\FM\18FER1.SGM
18FER1
Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
infrastructure. It also revises License
Exception Consumer Communications
Devices (CCD), which previously
applied only to consumer
communications devices to Cuba, to
authorize exports and reexports of such
devices to Sudan. Additionally, it makes
minor technical changes to the list of
items that are eligible for both Sudan
and Cuba under the license exception.
This rule also makes changes to License
Exception Temporary Imports, Exports,
Reexports and Transfers (in-country)
(TMP) in light of the changes to License
Exception CCD. Finally, it removes a
license requirement for reexports to
Sudan of certain telecommunications
software. BIS is making these changes
consistent with the U.S. Government’s
commitment to the advancement of the
free flow of information to, from, and
within Sudan, including during a
national dialogue.
DATES: The rule is effective February 18,
2015.
FOR FURTHER INFORMATION CONTACT:
Theodore Curtin, telephone (202) 482–
4252, email theodore.curtin@
bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 742.10 of the Export
Administration Regulations (EAR)
requires a license for antiterrorism
reasons for the export and reexport of
most items on the Commerce Control
List, Supp. 1 to part 774, to Sudan in
keeping with Sudan’s designation as a
state sponsor of terrorism. These items
include certain consumer
communication devices and related
software and telecommunications
infrastructure items that do not require
a license for export or reexport to most
destinations. Prior to publication of this
rule, the EAR imposed a general policy
of denial on applications for export or
reexport of many of these items to
Sudan. This rule modifies that policy to
one of case-by-case review with respect
to telecommunications equipment and
associated computers, software and
technology for civil end use, including
items useful for the development of civil
telecommunications network
infrastructure. This rule also makes
certain telecommunications software
that was subject to a reexport license
requirement prior to this rule’s
publication eligible for reexport to
Sudan without a license and authorizes
use of a license exception to export or
reexport consumer communications
devices to Sudan. This rule is being
published simultaneously with a
Department of the Treasury, Office of
Foreign Assets Control general license
VerDate Sep<11>2014
17:46 Feb 17, 2015
Jkt 235001
in the Sudanese Sanctions Regulations
(31 CFR part 538) for export or reexport
of certain services, hardware, and
software incident to personal
communications to Sudan. BIS is
publishing this rule after consultations
with the Department of State to facilitate
communication and the free flow of
information among the Sudanese
people, including by providing them
with access to communications tools.
Specific Changes Made by This Rule
Expansion of License Exception
Consumer Communication Devices
(CCD) and Implementation of
Conforming Change to License
Temporary Imports, Exports, Reexports
and Transfers (In-Country) (TMP)
This rule revises § 740.19 of the EAR
(License Exception CCD) to add Sudan
as an eligible destination. This license
exception authorizes export and
reexport of consumer communications
devices (commodities such as
computers, communications equipment
and related items including personal
computers, mobile phones, televisions,
radios and digital cameras) that are
widely available for retail purchase and
that are commonly used to exchange
information and facilitate interpersonal
communications, as well as certain
telecommunications- and information
security-related software. Prior to
publication of this rule, Cuba was the
only eligible destination under License
Exception CCD. This rule also makes
some additions and other changes to the
license exception related to the addition
of Sudan. The changes related to Sudan
are:
• Adding certain Global Positioning
System receivers or similar satellite
receivers as eligible items for export and
reexport to Sudan under this license
exception; and
• Limiting availability of the license
exception to certain consumer software
that is distributed free of charge in
situations where the government of
Sudan is the end user.
Many of the items eligible for export
and reexport under this license
exception are designated EAR99.
Consequently, prior to the publication
of this rule, they did not require a
license from BIS for export or reexport
to Sudan under most circumstances
(i.e., circumstances that do not trigger
end-use or end-user concerns under part
744 of the EAR). Similarly, commodities
classified under Export Control
Classification Number (ECCN) 5A992
generally did not require a license from
BIS for reexport to Sudan in the absence
of part 744-related end-use and end-user
concerns. The publication of this rule
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
8521
does not change these two general
practices. Adding Sudan to License
Exception CCD as an eligible destination
does not impose a license requirement
for such items. However, the license
exception would be available for the
export or reexport to Sudan of items
listed on the CCL that would otherwise
require a license.
BIS is making these changes to
License Exception CCD to facilitate the
supplying of communications
capabilities to people in Sudan in
support of the U.S. Government’s policy
to promote the Sudanese people’s
communication among themselves and
with the outside world, including
during a national dialogue where the
Sudanese people may participate in
broad discussions to address their
longstanding concerns regarding
governance. This rule is intended to
facilitate inclusive and broad
participation in such a dialogue by
making the necessary communications
tools available to the Sudanese people.
These changes are being made in
coordination with a general license
being published simultaneously by the
Department of the Treasury, Office of
Foreign Assets Control and added to the
Sudanese Sanctions Regulations (31
CFR part 538) that generally authorizes
the export and reexport to Sudan of
certain services, hardware, and software
incident to personal communications.
Changes to License Exception CCD
Affecting Items Eligible for Cuba and
Sudan
This rule adds a note that defines the
term ‘‘consumer’’ for purposes of
paragraph (b), which applies the term
‘‘consumer’’ when describing the
commodities and software in paragraphs
(b)(1)—computers, (b)(2)—disk drives
and solid state storage equipment,
(b)(12)—information security
equipment, software and peripherals
and (b)(17)—software. This addition is
not a substantive change to the scope of
License Exception CCD. This addition
emphasizes the consistency of this rule
with the related general license being
published simultaneously by the
Department of the Treasury, Office of
Foreign Assets Control, which includes
this definition of ‘‘consumer’’ in
connection with commodities and
software.
Conforming Change to License
Exception TMP
This rule also removes the provision
of License Exception TMP (§ 740.9(a)(2)
of the EAR) related to tools of trade
being temporarily taken to Sudan for a
specific class of persons for certain
specified purposes (generally,
E:\FR\FM\18FER1.SGM
18FER1
8522
Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations
temporary exports and reexports by
non-governmental organizations and
related individuals, including
employees and contractors, for
development or humanitarian purposes)
because it is no longer necessary. With
the changes made by this rule, License
Exception CCD now authorizes all of the
exports and reexports that were
authorized by that provision of License
Exception TMP without the limitations
imposed by License Exception TMP on
duration, class of persons who may use
the license exception, and end use.
mstockstill on DSK4VPTVN1PROD with RULES
Certain Telecommunications Software
Made Eligible for Reexport to Sudan
Without a License
This rule makes software controlled
under ECCN 5D992.b or .c eligible for
reexport to Sudan without a license
from BIS. Software controlled under
ECCN 5D992.b has the characteristics of,
or performs or simulates the functions
of, telecommunications equipment and
information security equipment
controlled under ECCN 5A992.a or .b.
Commodities controlled under ECCN
5A992 were eligible for reexport to
Sudan without a license from BIS prior
to the publication of this rule. This
change makes software that shares the
characteristics of and/or performs or
simulates the same functions as the
hardware (commodities) eligible for
reexport to Sudan on the same terms as
the commodities themselves. Software
controlled under ECCN 5D992.c
includes mass market software such as
mobile apps that may promote personal
communications by the Sudanese
people.
Adoption of Case-by-Case License
Application Review Policy
This rule revises the statement of
antiterrorism licensing policy for Sudan
set forth in § 742.10 of the EAR to
provide that license applications for
export or reexport to Sudan of
‘‘telecommunications equipment and
associated computers, software and
technology for civil end use, including
items useful for the development of civil
telecommunications network
infrastructure’’ will be considered on a
case-by-case basis rather than being
subject to a general policy of denial.
This change is being made to allow BIS
and the other agencies that review such
applications to further U.S. government
policy of advancing the free flow of
information to, from and within Sudan
and to facilitate the Sudanese people’s
communications among themselves and
with the outside world. BIS recognizes
the importance of adequate civil
telecommunications network
infrastructural capability to enable the
VerDate Sep<11>2014
17:46 Feb 17, 2015
Jkt 235001
Sudanese people to engage in secure,
effective, and reliable personal
communications.
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). This rule does not impose any
regulatory burden on the public and is
consistent with the goals of Executive
Order 13563. This rule has been
determined to be significant for
purposes of Executive Order 12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) control number. This rule
involves a collection of information
approved under OMB control number
0694–0088—Simplified Network
Application Processing+ System
(SNAP+) and the Multipurpose Export
License Application which carries an
annual estimated burden of 31,833
hours. BIS believes that this rule will
have no material impact on that burden.
To the extent that it has any impact at
all, the impact would be to reduce the
burden because this rule makes some
transactions that would otherwise
require a license eligible for a license
exception.
3. This rule does not contain policies
with Federalism implications as that
term is defined under Executive Order
13132.
4. BIS finds good cause under 5 U.S.C.
553(b)(B) to waive prior notice of
proposed rulemaking and the
opportunity for public comment
because it is impracticable and contrary
to the public interest. BIS is publishing
this rule as part of a State Departmentled initiative to promote the free flow of
information and to facilitate
communications by the Sudanese
people. This rule supports that initiative
by reducing the procedural
requirements needed to send personal
communications devices, such as
mobile phones, that are the instruments
of modern communications to Sudan.
Ensuring that the Sudanese people have
tools to communicate freely is
particularly vital. In a joint statement
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
issued on September 18, 2014, the
United States, the United Kingdom, and
Norway reiterated their ‘‘support for a
mediation architecture that facilitates
both resolution of conflict and a
comprehensive process of national
dialogue.’’ The time needed to conduct
a notice and public comment would
thwart the purpose of this rule, which
is to enhance communications,
including during a national dialogue
period. Consistent with the initiative,
this rule amends the EAR to allow caseby-case review of license applications to
send telecommunications-related items,
including items useful for the
development of civil
telecommunications infrastructure, to
Sudan. In coordination with BIS, the
Department of the Treasury, Office of
Foreign Assets Control (OFAC) is
amending the Sudanese Sanctions
Regulations (31 CFR part 538) to
authorize similar transactions involving
the exportation of certain services,
software, and hardware incident to
personal communications. The time that
would be required for notice and
opportunity for public comment
required by 5 U.S.C. part 553 for BIS’s
rule would undermine the opportunity
for enhanced communications and
information flow, thereby causing the
rule to fail to meet the objective of
promoting the Sudanese people’s ability
to communicate in a free, robust, and
secure manner. Delay in publication of
this rule would be contrary to the public
interest because it would undermine the
ability of the Sudanese people to
participate fully in a national dialogue.
BIS also finds good cause under 5
U.S.C. 553(d)(3) to waive the 30-day
delay in effectiveness. This rule amends
the EAR to allow case-by-case review of
license applications to send
telecommunications-related items,
including items useful for the
development of civil
telecommunications infrastructure, to
Sudan. The 30-day delay in
effectiveness otherwise required under 5
U.S.C. 553 would undermine the
opportunity for enhanced
communications and information flow,
thereby causing the rule to fail in its
objective, which is to promote the
Sudanese people’s ability to
communicate in a free, robust, and
secure manner including during a
national dialogue. This final rule is
being implemented with immediate
effectiveness to be concurrent with
OFAC’s publication of its regulatory
changes, which are also being made
effective upon publication. Prompt,
simultaneous publication is important
in light of the fact that certain
E:\FR\FM\18FER1.SGM
18FER1
Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations
transactions with Sudan require
authorization under both the EAR and
the Sudanese Sanctions Regulations. For
example, an export of an item might
require an export license from BIS and
a separate license from OFAC. Payment
for the export might also require
authorization from OFAC. Simultaneous
publication would permit effective
implementation of the changes to the
two agencies’ regulations. In particular,
it would ensure that an export
transaction authorized under OFAC’s
general license pertaining to certain
software, hardware, and services
incident to personal communications
would be eligible for a license exception
under the EAR rather than requiring a
license from BIS, thereby effectuating
the U.S. Government’s policy to
advance personal communications in
Sudan.
List of Subjects
15 CFR Part 740
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 742
Exports, Terrorism.
For the reasons set forth in the
preamble, the Export Administration
Regulations (15 CFR parts 730–774) are
amended as follows:
PART 740—[AMENDED]
1. 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 7, 2014, 79
FR 46959 (Aug. 11, 2014).
§ 740.9
[Amended]
2. Section 740.9 is amended by:
a. Removing the semicolon and the
phrase ‘‘for Sudan, see paragraph (a)(2)
of this section’’ from the first sentence
of paragraph (a)(1); and
■ b. Removing and reserving paragraph
(a)(2).
■ 3. Section 740.19 is amended by:
■ a. Revising paragraph (a);
■ b. Revising paragraph (b) introductory
text;
■ c. Removing the word ‘‘and’’ from the
end of paragraph (b)(16);
■ d. Removing the period from the end
of paragraph (b)(17) and adding in its
place a semicolon followed by the word
‘‘and’’;
■ e. Adding paragraph (b)(18);
■ f. Adding a note to paragraph (b); and
■ g. Revising paragraph (c).
mstockstill on DSK4VPTVN1PROD with RULES
■
■
VerDate Sep<11>2014
17:46 Feb 17, 2015
Jkt 235001
The revisions and additions read as
follows:
§ 740.19 Consumer Communications
Devices (CCD).
(a) Authorizations. This section
authorizes the export or reexport of
commodities and software, either sold
or donated, to Cuba or Sudan subject to
the requirements stated herein. This
section does not authorize U.S.-owned
or -controlled entities in third countries
to engage in reexports of foreign
produced commodities to Cuba for
which no license would be issued by
the Department of the Treasury
pursuant to 31 CFR 515.559.
(b) Eligible commodities and software.
Commodities and software in
paragraphs (b)(1) through (17) of this
section are eligible for export or
reexport under this section to Cuba or
Sudan. Commodities in paragraph
(b)(18) of this section are eligible for
export or reexport under this section to
Sudan only.
* * *
(18) (Sudan only) Global Positioning
System receivers or similar satellite
receivers controlled under ECCN 7A994.
Note to paragraph (b): In this paragraph,
the term ‘‘consumer’’ refers to items that are:
1. Generally available to the public by
being sold, without restriction, from stock at
retail selling points by means of any of the
following:
a. Over-the-counter transactions;
b. Mail order transactions;
c. Electronic transactions; or
d. Telephone call transactions; and
2. Designed for installation by the user
without further substantial support by the
supplier.
(c) Eligible and ineligible end-users—
(1) Organizations. (i) This license
exception may be used to export or
reexport eligible commodities and
software to and for the use of
independent non-governmental
organizations in Cuba or Sudan.
(ii) The Cuban Government or the
Cuban Communist Party and
organizations they administer or control
are not eligible end-users.
(iii) The Government of Sudan is not
an eligible end-user for any item
exported or reexported pursuant to this
license exception except for consumer
software that is authorized under
paragraph (b)(12) or (b)(17) of this
section and that is distributed free of
charge.
(2) Individuals. This License
Exception may be used to export eligible
commodities and software to and for the
use of individuals other than the
following:
(i) Ineligible Cuban Government
Officials. Ministers and vice-ministers;
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
8523
members of the Council of State;
members of the Council of Ministers;
members and employees of the National
Assembly of People’s Power; members
of any provincial assembly; local sector
chiefs of the Committees for the Defense
of the Revolution; Director Generals and
sub-Director Generals and higher of all
Cuban ministries and state agencies;
employees of the Ministry of the Interior
(MININT); employees of the Ministry of
Defense (MINFAR); secretaries and first
secretaries of the Confederation of Labor
of Cuba (CTC) and its component
unions; chief editors, editors and deputy
editors of Cuban state-run media
organizations and programs, including
newspapers, television, and radio; or
members and employees of the Supreme
Court (Tribuno Supremo Nacional).
(ii) Ineligible Cuban Communist Party
Officials. Members of the Politburo; the
Central Committee; Department Heads
of the Central Committee; employees of
the Central Committee; and the
secretaries and first secretaries of
provincial Party central committees.
PART 742—[AMENDED]
4. The authority citation for 15 CFR
part 742 continues to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; Sec. 1503, Pub. L. 108–11, 117
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Presidential Determination
2003–23 of May 7, 2003, 68 FR 26459, May
16, 2003; Notice of August 7, 2014, 79 FR
46959 (August 11, 2014); Notice of November
7, 2014, 79 FR 67035 (November 12, 2014).
5. Section 742.10 is amended by:
a. Revising the first sentence of
paragraph (a)(2);
■ b. Revising paragraph (b)(3);
■ c. Redesignating the note to paragraph
(b) as the note to paragraph (b)(3); and
■ d. Revising the newly redesignated
note to paragraph (b)(3), to read as
follows:
■
■
§ 742.10
Anti-terrorism: Sudan.
(a) * * *
(2) If AT column 1 or AT column 2
of the Commerce Country Chart
(Supplement No. 1 to part 738 of the
EAR) is indicated in the appropriate
ECCN, a license is required for reexport
to Sudan for anti-terrorism purposes,
except for ECCNs 2A994, 3A992.a,
5A991.g, 5A992, 5D992.b or .c, 6A991,
6A998, 7A994, 8A992.d, .e, .f, and .g,
E:\FR\FM\18FER1.SGM
18FER1
8524
Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations
9A990.a and .b, and 9A991.d and .e.
* * *
*
*
*
*
*
(b) * * *
(3) Notwithstanding the provisions of
paragraphs (b)(1) and (b)(2) of this
section, applications for Sudan will be
considered on a case-by-case basis in
the following four situations.
(i) The transaction involves the
reexport to Sudan of items where Sudan
was not the intended ultimate
destination at the time of original export
from the United States, provided that
the exports from the U.S. occurred prior
to the applicable contract sanctity date.
(ii) The U.S. content of foreignproduced commodities is 20% or less by
value.
(iii) The commodities are medical
items.
(iv) The items are telecommunications
equipment and associated computers,
software and technology for civil end
use, including items useful for the
development of civil
telecommunications network
infrastructure.
Note to paragraph (b)(3) of this section:
Applicants who wish any of the factors
described in paragraph (b)(3) of this section
to be considered in reviewing their license
applications must submit adequate
documentation demonstrating the
appropriateness of the factor: i.e., the date of
export from the United States, the value of
the U.S. content, the specifications and
medical use of the equipment, or the specific
civil end use of the item and any function the
item will have in the development of civil
telecommunications network infrastructure,
as relevant to the factor for which
consideration is sought.
*
*
*
*
*
Dated: February 12, 2015.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2015–03329 Filed 2–17–15; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 141230999–4999–01]
mstockstill on DSK4VPTVN1PROD with RULES
RIN 0694–AG46
Addition of Certain Persons to the
Entity List; and Removal of Person
From the Entity List Based on a
Removal Request
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
VerDate Sep<11>2014
17:46 Feb 17, 2015
Jkt 235001
This rule amends the Export
Administration Regulations (EAR) by
adding eleven persons to the Entity List.
The eleven persons who are added to
the Entity List have been determined by
the U.S. Government to be acting
contrary to the national security or
foreign policy interests of the United
States. These eleven persons will be
listed on the Entity List under the
destinations of People’s Republic of
China (China), Pakistan, and United
Arab Emirates (U.A.E.).
This final rule also removes one
person from the Entity List, as the result
of a request for removal submitted by
the person, a review of information
provided in the removal request in
accordance with the procedure for
requesting removal or modification of
an Entity List entity, and further review
conducted by the End-User Review
Committee (ERC).
DATES: This rule is effective February
18, 2015.
FOR FURTHER INFORMATION CONTACT:
Chair, End-User Review Committee,
Office of the Assistant Secretary, Export
Administration, Bureau of Industry and
Security, Department of Commerce,
Phone: (202) 482–5991, Fax: (202) 482–
3911, Email: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The Entity List (Supplement No. 4 to
Part 744) notifies the public about
entities that have engaged in activities
that could result in an increased risk of
the diversion of exported, reexported or
transferred (in-country) items to
weapons of mass destruction (WMD)
programs. Since its initial publication,
grounds for inclusion on the Entity List
have expanded to include activities
sanctioned by the State Department and
activities contrary to U.S. national
security or foreign policy interests.
Certain exports, reexports, and transfers
(in-country) to entities identified on the
Entity List require licenses from BIS and
are usually subject to a policy of denial.
The availability of license exceptions in
such transactions is very limited. The
license review policy for each entity is
identified in the license review policy
column on the Entity List and the
availability of license exceptions is
noted in the Federal Register notices
adding persons to the Entity List. BIS
places entities on the Entity List based
on certain sections of part 744 (Control
Policy: End-User and End-Use Based)
and part 746 (Embargoes and Other
Special Controls) of the EAR.
The ERC, composed of representatives
of the Departments of Commerce
(Chair), State, Defense, Energy and,
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
where appropriate, the Treasury, makes
all decisions regarding additions to,
removals from, or other modifications to
the Entity List. The ERC makes all
decisions to add an entry to the Entity
List by majority vote and all decisions
to remove or modify an entry by
unanimous vote.
ERC Entity List Decisions
Additions to the Entity List
This rule implements the decision of
the ERC to add eleven persons under
eleven entries to the Entity List. These
eleven persons are being added on the
basis of § 744.11 (License requirements
that apply to entities acting contrary to
the national security or foreign policy
interests of the United States) of the
EAR. The eleven entries added to the
Entity List consist of four entries in
China, four in Pakistan, and three in the
U.A.E.
The ERC reviewed § 744.11(b)
(Criteria for revising the Entity List) in
making the determination to add these
eleven persons to the Entity List. Under
that paragraph, persons for whom there
is reasonable cause to believe, based on
specific and articulable facts, have been
involved, are involved, or pose a
significant risk of being or becoming
involved in, activities that are contrary
to the national security or foreign policy
interests of the United States and those
acting on behalf of such persons may be
added to the Entity List. Paragraphs
(b)(1) through (b)(5) of § 744.11 include
an illustrative list of activities that could
be contrary to the national security or
foreign policy interests of the United
States.
The ERC determined the following
four persons being added to the Entity
List under the destination of China have
been involved in activities contrary to
the national security and foreign policy
interests of the United States. The ERC
determined that the National University
of Defense Technology (NUDT), the
National Supercomputing Center in
Changsha (NSCC–CS), National
Supercomputing Center in Guangzhou
(NSCC–GZ), and the National
Supercomputing Center in Tianjin
(NSCC–TJ), all located in the People’s
Republic of China, meet the guidelines
listed under § 744.11(b): Entities for
which there is reasonable cause to
believe, based on specific and
articulated facts, that an entity has been
involved, is involved, or poses a
significant risk of being or becoming
involved in activities that are contrary
to the national security or foreign policy
interests of the United States and those
acting on behalf of such entities may be
added to the Entity List pursuant to this
E:\FR\FM\18FER1.SGM
18FER1
]]>Agencies
[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Rules and Regulations]
[Pages 8520-8524]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03329]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 740 and 742
[Docket No. 140812661-4661-01]
RIN 0694-AG24
Revisions to License Exception Availability for Consumer
Communications Devices and Licensing Policy for Civil
Telecommunications-Related Items Such as Infrastructure Regarding Sudan
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Export Administration Regulations to
revise the general licensing policy of denial to one of case-by-case
licensing for exports and reexports to Sudan of telecommunications
equipment and associated computers, software, and technology for civil
end use, including items useful for the development of civil
telecommunications network
[[Page 8521]]
infrastructure. It also revises License Exception Consumer
Communications Devices (CCD), which previously applied only to consumer
communications devices to Cuba, to authorize exports and reexports of
such devices to Sudan. Additionally, it makes minor technical changes
to the list of items that are eligible for both Sudan and Cuba under
the license exception. This rule also makes changes to License
Exception Temporary Imports, Exports, Reexports and Transfers (in-
country) (TMP) in light of the changes to License Exception CCD.
Finally, it removes a license requirement for reexports to Sudan of
certain telecommunications software. BIS is making these changes
consistent with the U.S. Government's commitment to the advancement of
the free flow of information to, from, and within Sudan, including
during a national dialogue.
DATES: The rule is effective February 18, 2015.
FOR FURTHER INFORMATION CONTACT: Theodore Curtin, telephone (202) 482-
4252, email theodore.curtin@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 742.10 of the Export Administration Regulations (EAR)
requires a license for antiterrorism reasons for the export and
reexport of most items on the Commerce Control List, Supp. 1 to part
774, to Sudan in keeping with Sudan's designation as a state sponsor of
terrorism. These items include certain consumer communication devices
and related software and telecommunications infrastructure items that
do not require a license for export or reexport to most destinations.
Prior to publication of this rule, the EAR imposed a general policy of
denial on applications for export or reexport of many of these items to
Sudan. This rule modifies that policy to one of case-by-case review
with respect to telecommunications equipment and associated computers,
software and technology for civil end use, including items useful for
the development of civil telecommunications network infrastructure.
This rule also makes certain telecommunications software that was
subject to a reexport license requirement prior to this rule's
publication eligible for reexport to Sudan without a license and
authorizes use of a license exception to export or reexport consumer
communications devices to Sudan. This rule is being published
simultaneously with a Department of the Treasury, Office of Foreign
Assets Control general license in the Sudanese Sanctions Regulations
(31 CFR part 538) for export or reexport of certain services, hardware,
and software incident to personal communications to Sudan. BIS is
publishing this rule after consultations with the Department of State
to facilitate communication and the free flow of information among the
Sudanese people, including by providing them with access to
communications tools.
Specific Changes Made by This Rule
Expansion of License Exception Consumer Communication Devices (CCD) and
Implementation of Conforming Change to License Temporary Imports,
Exports, Reexports and Transfers (In-Country) (TMP)
This rule revises Sec. 740.19 of the EAR (License Exception CCD)
to add Sudan as an eligible destination. This license exception
authorizes export and reexport of consumer communications devices
(commodities such as computers, communications equipment and related
items including personal computers, mobile phones, televisions, radios
and digital cameras) that are widely available for retail purchase and
that are commonly used to exchange information and facilitate
interpersonal communications, as well as certain telecommunications-
and information security-related software. Prior to publication of this
rule, Cuba was the only eligible destination under License Exception
CCD. This rule also makes some additions and other changes to the
license exception related to the addition of Sudan. The changes related
to Sudan are:
Adding certain Global Positioning System receivers or
similar satellite receivers as eligible items for export and reexport
to Sudan under this license exception; and
Limiting availability of the license exception to certain
consumer software that is distributed free of charge in situations
where the government of Sudan is the end user.
Many of the items eligible for export and reexport under this
license exception are designated EAR99. Consequently, prior to the
publication of this rule, they did not require a license from BIS for
export or reexport to Sudan under most circumstances (i.e.,
circumstances that do not trigger end-use or end-user concerns under
part 744 of the EAR). Similarly, commodities classified under Export
Control Classification Number (ECCN) 5A992 generally did not require a
license from BIS for reexport to Sudan in the absence of part 744-
related end-use and end-user concerns. The publication of this rule
does not change these two general practices. Adding Sudan to License
Exception CCD as an eligible destination does not impose a license
requirement for such items. However, the license exception would be
available for the export or reexport to Sudan of items listed on the
CCL that would otherwise require a license.
BIS is making these changes to License Exception CCD to facilitate
the supplying of communications capabilities to people in Sudan in
support of the U.S. Government's policy to promote the Sudanese
people's communication among themselves and with the outside world,
including during a national dialogue where the Sudanese people may
participate in broad discussions to address their longstanding concerns
regarding governance. This rule is intended to facilitate inclusive and
broad participation in such a dialogue by making the necessary
communications tools available to the Sudanese people. These changes
are being made in coordination with a general license being published
simultaneously by the Department of the Treasury, Office of Foreign
Assets Control and added to the Sudanese Sanctions Regulations (31 CFR
part 538) that generally authorizes the export and reexport to Sudan of
certain services, hardware, and software incident to personal
communications.
Changes to License Exception CCD Affecting Items Eligible for Cuba and
Sudan
This rule adds a note that defines the term ``consumer'' for
purposes of paragraph (b), which applies the term ``consumer'' when
describing the commodities and software in paragraphs (b)(1)--
computers, (b)(2)--disk drives and solid state storage equipment,
(b)(12)--information security equipment, software and peripherals and
(b)(17)--software. This addition is not a substantive change to the
scope of License Exception CCD. This addition emphasizes the
consistency of this rule with the related general license being
published simultaneously by the Department of the Treasury, Office of
Foreign Assets Control, which includes this definition of ``consumer''
in connection with commodities and software.
Conforming Change to License Exception TMP
This rule also removes the provision of License Exception TMP
(Sec. 740.9(a)(2) of the EAR) related to tools of trade being
temporarily taken to Sudan for a specific class of persons for certain
specified purposes (generally,
[[Page 8522]]
temporary exports and reexports by non-governmental organizations and
related individuals, including employees and contractors, for
development or humanitarian purposes) because it is no longer
necessary. With the changes made by this rule, License Exception CCD
now authorizes all of the exports and reexports that were authorized by
that provision of License Exception TMP without the limitations imposed
by License Exception TMP on duration, class of persons who may use the
license exception, and end use.
Certain Telecommunications Software Made Eligible for Reexport to Sudan
Without a License
This rule makes software controlled under ECCN 5D992.b or .c
eligible for reexport to Sudan without a license from BIS. Software
controlled under ECCN 5D992.b has the characteristics of, or performs
or simulates the functions of, telecommunications equipment and
information security equipment controlled under ECCN 5A992.a or .b.
Commodities controlled under ECCN 5A992 were eligible for reexport to
Sudan without a license from BIS prior to the publication of this rule.
This change makes software that shares the characteristics of and/or
performs or simulates the same functions as the hardware (commodities)
eligible for reexport to Sudan on the same terms as the commodities
themselves. Software controlled under ECCN 5D992.c includes mass market
software such as mobile apps that may promote personal communications
by the Sudanese people.
Adoption of Case-by-Case License Application Review Policy
This rule revises the statement of antiterrorism licensing policy
for Sudan set forth in Sec. 742.10 of the EAR to provide that license
applications for export or reexport to Sudan of ``telecommunications
equipment and associated computers, software and technology for civil
end use, including items useful for the development of civil
telecommunications network infrastructure'' will be considered on a
case-by-case basis rather than being subject to a general policy of
denial. This change is being made to allow BIS and the other agencies
that review such applications to further U.S. government policy of
advancing the free flow of information to, from and within Sudan and to
facilitate the Sudanese people's communications among themselves and
with the outside world. BIS recognizes the importance of adequate civil
telecommunications network infrastructural capability to enable the
Sudanese people to engage in secure, effective, and reliable personal
communications.
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). This rule
does not impose any regulatory burden on the public and is consistent
with the goals of Executive Order 13563. This rule has been determined
to be significant for purposes of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) control number. This rule
involves a collection of information approved under OMB control number
0694-0088--Simplified Network Application Processing+ System (SNAP+)
and the Multipurpose Export License Application which carries an annual
estimated burden of 31,833 hours. BIS believes that this rule will have
no material impact on that burden. To the extent that it has any impact
at all, the impact would be to reduce the burden because this rule
makes some transactions that would otherwise require a license eligible
for a license exception.
3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
4. BIS finds good cause under 5 U.S.C. 553(b)(B) to waive prior
notice of proposed rulemaking and the opportunity for public comment
because it is impracticable and contrary to the public interest. BIS is
publishing this rule as part of a State Department-led initiative to
promote the free flow of information and to facilitate communications
by the Sudanese people. This rule supports that initiative by reducing
the procedural requirements needed to send personal communications
devices, such as mobile phones, that are the instruments of modern
communications to Sudan. Ensuring that the Sudanese people have tools
to communicate freely is particularly vital. In a joint statement
issued on September 18, 2014, the United States, the United Kingdom,
and Norway reiterated their ``support for a mediation architecture that
facilitates both resolution of conflict and a comprehensive process of
national dialogue.'' The time needed to conduct a notice and public
comment would thwart the purpose of this rule, which is to enhance
communications, including during a national dialogue period. Consistent
with the initiative, this rule amends the EAR to allow case-by-case
review of license applications to send telecommunications-related
items, including items useful for the development of civil
telecommunications infrastructure, to Sudan. In coordination with BIS,
the Department of the Treasury, Office of Foreign Assets Control (OFAC)
is amending the Sudanese Sanctions Regulations (31 CFR part 538) to
authorize similar transactions involving the exportation of certain
services, software, and hardware incident to personal communications.
The time that would be required for notice and opportunity for public
comment required by 5 U.S.C. part 553 for BIS's rule would undermine
the opportunity for enhanced communications and information flow,
thereby causing the rule to fail to meet the objective of promoting the
Sudanese people's ability to communicate in a free, robust, and secure
manner. Delay in publication of this rule would be contrary to the
public interest because it would undermine the ability of the Sudanese
people to participate fully in a national dialogue.
BIS also finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-
day delay in effectiveness. This rule amends the EAR to allow case-by-
case review of license applications to send telecommunications-related
items, including items useful for the development of civil
telecommunications infrastructure, to Sudan. The 30-day delay in
effectiveness otherwise required under 5 U.S.C. 553 would undermine the
opportunity for enhanced communications and information flow, thereby
causing the rule to fail in its objective, which is to promote the
Sudanese people's ability to communicate in a free, robust, and secure
manner including during a national dialogue. This final rule is being
implemented with immediate effectiveness to be concurrent with OFAC's
publication of its regulatory changes, which are also being made
effective upon publication. Prompt, simultaneous publication is
important in light of the fact that certain
[[Page 8523]]
transactions with Sudan require authorization under both the EAR and
the Sudanese Sanctions Regulations. For example, an export of an item
might require an export license from BIS and a separate license from
OFAC. Payment for the export might also require authorization from
OFAC. Simultaneous publication would permit effective implementation of
the changes to the two agencies' regulations. In particular, it would
ensure that an export transaction authorized under OFAC's general
license pertaining to certain software, hardware, and services incident
to personal communications would be eligible for a license exception
under the EAR rather than requiring a license from BIS, thereby
effectuating the U.S. Government's policy to advance personal
communications in Sudan.
List of Subjects
15 CFR Part 740
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 742
Exports, Terrorism.
For the reasons set forth in the preamble, the Export
Administration Regulations (15 CFR parts 730-774) are amended as
follows:
PART 740--[AMENDED]
0
1. 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 7, 2014, 79 FR 46959 (Aug. 11, 2014).
Sec. 740.9 [Amended]
0
2. Section 740.9 is amended by:
0
a. Removing the semicolon and the phrase ``for Sudan, see paragraph
(a)(2) of this section'' from the first sentence of paragraph (a)(1);
and
0
b. Removing and reserving paragraph (a)(2).
0
3. Section 740.19 is amended by:
0
a. Revising paragraph (a);
0
b. Revising paragraph (b) introductory text;
0
c. Removing the word ``and'' from the end of paragraph (b)(16);
0
d. Removing the period from the end of paragraph (b)(17) and adding in
its place a semicolon followed by the word ``and'';
0
e. Adding paragraph (b)(18);
0
f. Adding a note to paragraph (b); and
0
g. Revising paragraph (c).
The revisions and additions read as follows:
Sec. 740.19 Consumer Communications Devices (CCD).
(a) Authorizations. This section authorizes the export or reexport
of commodities and software, either sold or donated, to Cuba or Sudan
subject to the requirements stated herein. This section does not
authorize U.S.-owned or -controlled entities in third countries to
engage in reexports of foreign produced commodities to Cuba for which
no license would be issued by the Department of the Treasury pursuant
to 31 CFR 515.559.
(b) Eligible commodities and software. Commodities and software in
paragraphs (b)(1) through (17) of this section are eligible for export
or reexport under this section to Cuba or Sudan. Commodities in
paragraph (b)(18) of this section are eligible for export or reexport
under this section to Sudan only.
* * *
(18) (Sudan only) Global Positioning System receivers or similar
satellite receivers controlled under ECCN 7A994.
Note to paragraph (b): In this paragraph, the term ``consumer''
refers to items that are:
1. Generally available to the public by being sold, without
restriction, from stock at retail selling points by means of any of
the following:
a. Over-the-counter transactions;
b. Mail order transactions;
c. Electronic transactions; or
d. Telephone call transactions; and
2. Designed for installation by the user without further
substantial support by the supplier.
(c) Eligible and ineligible end-users--(1) Organizations. (i) This
license exception may be used to export or reexport eligible
commodities and software to and for the use of independent non-
governmental organizations in Cuba or Sudan.
(ii) The Cuban Government or the Cuban Communist Party and
organizations they administer or control are not eligible end-users.
(iii) The Government of Sudan is not an eligible end-user for any
item exported or reexported pursuant to this license exception except
for consumer software that is authorized under paragraph (b)(12) or
(b)(17) of this section and that is distributed free of charge.
(2) Individuals. This License Exception may be used to export
eligible commodities and software to and for the use of individuals
other than the following:
(i) Ineligible Cuban Government Officials. Ministers and vice-
ministers; members of the Council of State; members of the Council of
Ministers; members and employees of the National Assembly of People's
Power; members of any provincial assembly; local sector chiefs of the
Committees for the Defense of the Revolution; Director Generals and
sub-Director Generals and higher of all Cuban ministries and state
agencies; employees of the Ministry of the Interior (MININT); employees
of the Ministry of Defense (MINFAR); secretaries and first secretaries
of the Confederation of Labor of Cuba (CTC) and its component unions;
chief editors, editors and deputy editors of Cuban state-run media
organizations and programs, including newspapers, television, and
radio; or members and employees of the Supreme Court (Tribuno Supremo
Nacional).
(ii) Ineligible Cuban Communist Party Officials. Members of the
Politburo; the Central Committee; Department Heads of the Central
Committee; employees of the Central Committee; and the secretaries and
first secretaries of provincial Party central committees.
PART 742--[AMENDED]
0
4. The authority citation for 15 CFR part 742 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12058,
43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3
CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp.,
p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential
Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003;
Notice of August 7, 2014, 79 FR 46959 (August 11, 2014); Notice of
November 7, 2014, 79 FR 67035 (November 12, 2014).
0
5. Section 742.10 is amended by:
0
a. Revising the first sentence of paragraph (a)(2);
0
b. Revising paragraph (b)(3);
0
c. Redesignating the note to paragraph (b) as the note to paragraph
(b)(3); and
0
d. Revising the newly redesignated note to paragraph (b)(3), to read as
follows:
Sec. 742.10 Anti-terrorism: Sudan.
(a) * * *
(2) If AT column 1 or AT column 2 of the Commerce Country Chart
(Supplement No. 1 to part 738 of the EAR) is indicated in the
appropriate ECCN, a license is required for reexport to Sudan for anti-
terrorism purposes, except for ECCNs 2A994, 3A992.a, 5A991.g, 5A992,
5D992.b or .c, 6A991, 6A998, 7A994, 8A992.d, .e, .f, and .g,
[[Page 8524]]
9A990.a and .b, and 9A991.d and .e. * * *
* * * * *
(b) * * *
(3) Notwithstanding the provisions of paragraphs (b)(1) and (b)(2)
of this section, applications for Sudan will be considered on a case-
by-case basis in the following four situations.
(i) The transaction involves the reexport to Sudan of items where
Sudan was not the intended ultimate destination at the time of original
export from the United States, provided that the exports from the U.S.
occurred prior to the applicable contract sanctity date.
(ii) The U.S. content of foreign-produced commodities is 20% or
less by value.
(iii) The commodities are medical items.
(iv) The items are telecommunications equipment and associated
computers, software and technology for civil end use, including items
useful for the development of civil telecommunications network
infrastructure.
Note to paragraph (b)(3) of this section: Applicants who wish
any of the factors described in paragraph (b)(3) of this section to
be considered in reviewing their license applications must submit
adequate documentation demonstrating the appropriateness of the
factor: i.e., the date of export from the United States, the value
of the U.S. content, the specifications and medical use of the
equipment, or the specific civil end use of the item and any
function the item will have in the development of civil
telecommunications network infrastructure, as relevant to the factor
for which consideration is sought.
* * * * *
Dated: February 12, 2015.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2015-03329 Filed 2-17-15; 8:45 am]
BILLING CODE 3510-33-P
