Revisions to License Exception Availability for Consumer Communications Devices and Licensing Policy for Civil Telecommunications-Related Items Such as Infrastructure Regarding Sudan; Correction, 52962-52963 [2015-21695]
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52962
Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations
Dated: August 25, 2015.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2015–21683 Filed 9–1–15; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 740
[Docket No. 150720622–5622–01]
RIN 0694–AG63
Revisions to License Exception
Availability for Consumer
Communications Devices and
Licensing Policy for Civil
Telecommunications-Related Items
Such as Infrastructure Regarding
Sudan; Correction
Bureau of Industry and
Security, Commerce.
ACTION: Final rule; correction.
AGENCY:
The Bureau of Industry and
Security publishes this rule to correct an
error in License Exception Temporary
imports, exports, reexports, and
transfers (in-country) (TMP) to make
certain consumer communications
devices and related software eligible for
temporary export and reexport to Sudan
as ‘‘tools of trade.’’ This error was
introduced in a final rule published in
February 2015 that amended the Export
Administration Regulations to authorize
License Exception Consumer
Communications Devices (CCD) for use
in Sudan and made changes to License
Exception TMP. BIS is publishing this
rule to facilitate use of employer-owned
devices such as cell phones, Wi-Fiequipped computers and tablets by
persons engaged in humanitarian efforts
in Sudan.
DATES: The rule is effective September
2, 2015.
FOR FURTHER INFORMATION CONTACT:
Theodore Curtin, telephone (202) 482–
4252, email theodore.curtin@
bis.doc.gov.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK5VPTVN1PROD with RULES
SUMMARY:
Background
In general, items listed on the
Commerce Control List with antiterrorism stated as a reason for control
require a license for export or reexport,
even temporarily, to Sudan. Some
limited exceptions to this requirement
exist. One such exception, License
Exception Baggage (BAG), allows
travelers to Sudan to take with them for
their personal use or use by family
VerDate Sep<11>2014
19:00 Sep 01, 2015
Jkt 235001
members their personally-owned
consumer communications devices such
as cell phones, Wi-Fi- enabled personal
computers, global positioning systems
and related software. Another
exception, License Exception Consumer
Communications Devices (CCD), allows
the export and reexport of such devices
and related software for use by nongovernmental organizations or
individuals in Sudan. Sudan was added
as an eligible destination under CCD in
a final rule published on February 18,
2015 (the February 2015 rule) (see
‘‘License Exception Availability for
Consumer Communications Devices and
Licensing Policy for Civil
Telecommunications-Related Items
Such as Infrastructure Regarding
Sudan,’’ (80 FR 8520)). For several years
prior to the February 2015 rule, a third
exception, Temporary imports, exports,
reexports, and transfers (in-country)
(TMP), allowed non-governmental
organizations engaged in humanitarian
work in Sudan and their individual staff
members, employees, or contractors to
export or reexport temporarily to Sudan
employer-owned consumer
communications devices and related
software for use as ‘‘tools of trade.’’ See
70 FR 8251 (Feb. 18, 2005) (authorizing
exports of such items) and 73 FR 10668
(Feb. 28, 2008) (authorizing reexports of
such items).
The February 2015 amendment to the
Export Administration Regulations
(EAR) made consumer communications
devices and related software available
under License Exception CCD for export
and reexport to non-governmental
organizations and individuals in Sudan
generally (with no requirement that the
export or reexport be temporary). That
rule was intended to foster
communications to, from, and among
the people of Sudan. Because the
commodities and software would be
available under License Exception CCD
to all individuals in Sudan (including
persons traveling to Sudan on a
temporary basis), the February 2015 rule
removed as unnecessary paragraph
(a)(2) of License Exception TMP, which
had authorized the temporary export
and reexport of these items by nongovernmental organizations engaged in
humanitarian work in Sudan and their
individual staff members, employees, or
contractors. In addition, in an earlier
rule amending License Exception CCD,
which up to that time had authorized
only donations made to individuals and
non-governmental organizations Cuba,
the phrase ‘‘either sold or donated’’ was
added to the paragraph describing the
authorization of the export and reexport
of consumer communications devices
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
and related software under the license
exception. See 80 FR 2286 (Jan. 16,
2015).
Although the intent was to state that
the devices or software no longer had to
be donated, the addition of the ‘‘either
sold or donated’’ language to License
Exception CCD in January 2015, in
combination with the removal of
paragraph (a)(2) of license exception
TMP by the February 2015 rule on
Sudan, created problems for nongovernmental organizations that send
personnel to Sudan for humanitarian
activities. The employer-owned devices
that such personnel use in Sudan are
neither sold nor donated in connection
with the staff member’s, employee’s or
contractor’s travel to Sudan. As an
unintended consequence of the
interplay of the changes made pursuant
to the two recent rules, such travelers
who seek to engage in the humanitarian
activities for which temporary exports
and reexports have been authorized by
License Exception TMP since 2005 need
licenses to take to Sudan temporarily
their employer-owned communication
devices and software even though the
same items could be exported or
reexported to Sudan under a license
exception if personally owned by the
travelers or if being sold or donated to
a non-governmental organization or to
any individual in Sudan.
This final rule amends the EAR to
correct License Exception TMP to
clarify BIS’s intent to authorize
temporary export and reexport of
employer-owned consumer
communications devices and related
software as tools of trade to Sudan
under the license exception. The
amended provision refers to the list of
consumer communications devices and
software that is contained in License
Exception CCD (Section 740.19(b)) and
notes that all other requirements and
limitations found in License Exception
TMP apply to exports and reexports of
such items.
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 not significant for
purposes of Executive Order 12866.
E:\FR\FM\02SER1.SGM
02SER1
asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations
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. This rule corrects
an error in License Exception TMP to
make certain consumer communications
devices and related software eligible for
temporary export and reexport to Sudan
as ‘‘tools of trade.’’ Due to a drafting
error in the February 2015 rule, license
exception availability under the EAR
was eliminated for employer-owned
consumer communications devices and
related software being exported or
reexported temporarily to Sudan for use
by staff members, employees, and
contractors of non-governmental
organizations engaged in humanitarian
activities. Those same devices may be
exported or reexported temporarily to
Sudan under a license exception if they
are owned personally by the traveler.
They may also be exported or
reexported permanently to Sudan under
a license exception if they are to be sold
or donated to a non-governmental
organization or individual in Sudan.
This rule is necessary in order to ensure
that persons traveling to Sudan benefit
from clarity on the point addressed by
this rule, as it would enable them to
bring certain items with them for use in
their humanitarian activities in the
country without having to apply for a
license. Maintaining a license
requirement for this limited category of
exports and reexports is contrary to the
VerDate Sep<11>2014
19:00 Sep 01, 2015
Jkt 235001
public interest as it would hamper the
activities of non-governmental
organizations engaged in humanitarian
work without providing any
corresponding benefit to the foreign
policy goals that export controls are
intended to meet. It would be
impracticable to delay this rule to allow
for notice and comment, as there is an
urgent need for timely clarification
consistent with the purpose of the
February 2015 rule, which sought to
expand the scope of exports and
reexports to Sudan that may occur
without the need to obtain a license.
BIS also finds good cause under 5
U.S.C. 553(d)(3) to waive the 30-day
delay in effectiveness. This rule does
not impose any new regulatory burden
on any person. It merely makes clear
that certain employer-owned consumer
communications devices and software
may be exported or reexported
temporarily to Sudan as tools of trade by
persons traveling to Sudan. No person
would be required to change any of its
existing practices as a result of this rule.
However, persons traveling to Sudan
would benefit from clarity on the point
addressed by this rule, as it would
enable them to bring certain items with
them for use in their humanitarian
activities in the country without having
to apply for a license. Because this rule
imposes no new burden while providing
a benefit to some persons, delaying
implementation would be contrary to
the public interest.
List of Subjects in 15 CFR Part 740
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
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, 2015, 80
FR 48233 (August 11, 2015).
2. In § 740.9, paragraph (a)(2) is added
to read as follows:
■
§ 740.9 Temporary imports, exports,
reexports, and transfers (in-country) (TMP).
*
*
*
*
*
(a) * * *
(2) Sudan. Notwithstanding the
exclusion of destinations in Country
Group E:1 in paragraphs (a)(1) and (3) of
this section, items listed in § 740.19(b)
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
52963
of the EAR may be exported or
reexported as tools of trade to Sudan.
All other requirements and limitations
of this paragraph (a) apply to such
exports and reexports.
*
*
*
*
*
Dated: August 25, 2015.
Kevin J. Wolf,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2015–21695 Filed 9–1–15; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 150604505–5505–01]
RIN 0694–AG65
Addition of Certain Persons to the
Entity List
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
The Bureau of Industry and
Security (BIS) amends the Export
Administration Regulations (EAR) by
adding twenty-nine persons under
thirty-three entries to the Entity List.
The twenty-nine 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. BIS is taking this action to ensure
the efficacy of existing sanctions on the
Russian Federation (Russia) for violating
international law and fueling the
conflict in eastern Ukraine. These
persons will be listed on the Entity List
under the destinations of Crimea region
of Ukraine, Cyprus, Finland, Romania,
Russia, Switzerland, Ukraine, and the
United Kingdom. This final rule also
revises the reference to Crimea
(occupied) on the Entity List to conform
to other references in the EAR that refer
to the Crimea region of Ukraine.
DATES: This rule is effective September
2, 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 of the EAR) identifies entities
E:\FR\FM\02SER1.SGM
02SER1
]]>Agencies
[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Rules and Regulations]
[Pages 52962-52963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21695]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 740
[Docket No. 150720622-5622-01]
RIN 0694-AG63
Revisions to License Exception Availability for Consumer
Communications Devices and Licensing Policy for Civil
Telecommunications-Related Items Such as Infrastructure Regarding
Sudan; Correction
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security publishes this rule to
correct an error in License Exception Temporary imports, exports,
reexports, and transfers (in-country) (TMP) to make certain consumer
communications devices and related software eligible for temporary
export and reexport to Sudan as ``tools of trade.'' This error was
introduced in a final rule published in February 2015 that amended the
Export Administration Regulations to authorize License Exception
Consumer Communications Devices (CCD) for use in Sudan and made changes
to License Exception TMP. BIS is publishing this rule to facilitate use
of employer-owned devices such as cell phones, Wi-Fi-equipped computers
and tablets by persons engaged in humanitarian efforts in Sudan.
DATES: The rule is effective September 2, 2015.
FOR FURTHER INFORMATION CONTACT: Theodore Curtin, telephone (202) 482-
4252, email theodore.curtin@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
In general, items listed on the Commerce Control List with anti-
terrorism stated as a reason for control require a license for export
or reexport, even temporarily, to Sudan. Some limited exceptions to
this requirement exist. One such exception, License Exception Baggage
(BAG), allows travelers to Sudan to take with them for their personal
use or use by family members their personally-owned consumer
communications devices such as cell phones, Wi-Fi- enabled personal
computers, global positioning systems and related software. Another
exception, License Exception Consumer Communications Devices (CCD),
allows the export and reexport of such devices and related software for
use by non-governmental organizations or individuals in Sudan. Sudan
was added as an eligible destination under CCD in a final rule
published on February 18, 2015 (the February 2015 rule) (see ``License
Exception Availability for Consumer Communications Devices and
Licensing Policy for Civil Telecommunications-Related Items Such as
Infrastructure Regarding Sudan,'' (80 FR 8520)). For several years
prior to the February 2015 rule, a third exception, Temporary imports,
exports, reexports, and transfers (in-country) (TMP), allowed non-
governmental organizations engaged in humanitarian work in Sudan and
their individual staff members, employees, or contractors to export or
reexport temporarily to Sudan employer-owned consumer communications
devices and related software for use as ``tools of trade.'' See 70 FR
8251 (Feb. 18, 2005) (authorizing exports of such items) and 73 FR
10668 (Feb. 28, 2008) (authorizing reexports of such items).
The February 2015 amendment to the Export Administration
Regulations (EAR) made consumer communications devices and related
software available under License Exception CCD for export and reexport
to non-governmental organizations and individuals in Sudan generally
(with no requirement that the export or reexport be temporary). That
rule was intended to foster communications to, from, and among the
people of Sudan. Because the commodities and software would be
available under License Exception CCD to all individuals in Sudan
(including persons traveling to Sudan on a temporary basis), the
February 2015 rule removed as unnecessary paragraph (a)(2) of License
Exception TMP, which had authorized the temporary export and reexport
of these items by non-governmental organizations engaged in
humanitarian work in Sudan and their individual staff members,
employees, or contractors. In addition, in an earlier rule amending
License Exception CCD, which up to that time had authorized only
donations made to individuals and non-governmental organizations Cuba,
the phrase ``either sold or donated'' was added to the paragraph
describing the authorization of the export and reexport of consumer
communications devices and related software under the license
exception. See 80 FR 2286 (Jan. 16, 2015).
Although the intent was to state that the devices or software no
longer had to be donated, the addition of the ``either sold or
donated'' language to License Exception CCD in January 2015, in
combination with the removal of paragraph (a)(2) of license exception
TMP by the February 2015 rule on Sudan, created problems for non-
governmental organizations that send personnel to Sudan for
humanitarian activities. The employer-owned devices that such personnel
use in Sudan are neither sold nor donated in connection with the staff
member's, employee's or contractor's travel to Sudan. As an unintended
consequence of the interplay of the changes made pursuant to the two
recent rules, such travelers who seek to engage in the humanitarian
activities for which temporary exports and reexports have been
authorized by License Exception TMP since 2005 need licenses to take to
Sudan temporarily their employer-owned communication devices and
software even though the same items could be exported or reexported to
Sudan under a license exception if personally owned by the travelers or
if being sold or donated to a non-governmental organization or to any
individual in Sudan.
This final rule amends the EAR to correct License Exception TMP to
clarify BIS's intent to authorize temporary export and reexport of
employer-owned consumer communications devices and related software as
tools of trade to Sudan under the license exception. The amended
provision refers to the list of consumer communications devices and
software that is contained in License Exception CCD (Section 740.19(b))
and notes that all other requirements and limitations found in License
Exception TMP apply to exports and reexports of such items.
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 not significant for purposes of Executive Order 12866.
[[Page 52963]]
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. This
rule corrects an error in License Exception TMP to make certain
consumer communications devices and related software eligible for
temporary export and reexport to Sudan as ``tools of trade.'' Due to a
drafting error in the February 2015 rule, license exception
availability under the EAR was eliminated for employer-owned consumer
communications devices and related software being exported or
reexported temporarily to Sudan for use by staff members, employees,
and contractors of non-governmental organizations engaged in
humanitarian activities. Those same devices may be exported or
reexported temporarily to Sudan under a license exception if they are
owned personally by the traveler. They may also be exported or
reexported permanently to Sudan under a license exception if they are
to be sold or donated to a non-governmental organization or individual
in Sudan. This rule is necessary in order to ensure that persons
traveling to Sudan benefit from clarity on the point addressed by this
rule, as it would enable them to bring certain items with them for use
in their humanitarian activities in the country without having to apply
for a license. Maintaining a license requirement for this limited
category of exports and reexports is contrary to the public interest as
it would hamper the activities of non-governmental organizations
engaged in humanitarian work without providing any corresponding
benefit to the foreign policy goals that export controls are intended
to meet. It would be impracticable to delay this rule to allow for
notice and comment, as there is an urgent need for timely clarification
consistent with the purpose of the February 2015 rule, which sought to
expand the scope of exports and reexports to Sudan that may occur
without the need to obtain a license.
BIS also finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-
day delay in effectiveness. This rule does not impose any new
regulatory burden on any person. It merely makes clear that certain
employer-owned consumer communications devices and software may be
exported or reexported temporarily to Sudan as tools of trade by
persons traveling to Sudan. No person would be required to change any
of its existing practices as a result of this rule. However, persons
traveling to Sudan would benefit from clarity on the point addressed by
this rule, as it would enable them to bring certain items with them for
use in their humanitarian activities in the country without having to
apply for a license. Because this rule imposes no new burden while
providing a benefit to some persons, delaying implementation would be
contrary to the public interest.
List of Subjects in 15 CFR Part 740
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
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, 2015, 80 FR 48233 (August 11, 2015).
0
2. In Sec. 740.9, paragraph (a)(2) is added to read as follows:
Sec. 740.9 Temporary imports, exports, reexports, and transfers (in-
country) (TMP).
* * * * *
(a) * * *
(2) Sudan. Notwithstanding the exclusion of destinations in Country
Group E:1 in paragraphs (a)(1) and (3) of this section, items listed in
Sec. 740.19(b) of the EAR may be exported or reexported as tools of
trade to Sudan. All other requirements and limitations of this
paragraph (a) apply to such exports and reexports.
* * * * *
Dated: August 25, 2015.
Kevin J. Wolf,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2015-21695 Filed 9-1-15; 8:45 am]
BILLING CODE 3510-33-P
