Effects of Extending Foreign Policy-Based Export Controls Through 2018, 42279-42281 [2017-19010]
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Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices
petitions for certification of eligibility to
apply for Trade Adjustment Assistance
from the firms listed below.
Accordingly, EDA has initiated
investigations to determine whether
increased imports into the United States
of articles like or directly competitive
with those produced by each of these
firms contributed importantly to the
total or partial separation of the firm’s
42279
workers, or threat thereof, and to a
decrease in sales or production of each
petitioning firm.
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE
8/24/2017 THROUGH 8/31/2017
Date accepted for
investigation
Firm name
Firm address
Dusty Strings Company .........................
3450 16th Avenue West, Suite 200,
Seattle, WA 98119.
8/29/2017
Pentz Design Pattern & Foundry, Inc ....
14823 Main Street Northeast, Duvall,
WA 98019.
1449 East Algonquin Road, Mount
Prospect, IL 60056.
8/28/2017
Perfection Spring & Stamping Corporation.
Any party
having a substantial interest in these
proceedings may request a public
hearing on the matter. A written request
for a hearing must be submitted to the
Trade Adjustment Assistance for Firms
Division, Room 71030, Economic
Development Administration, U.S.
Department of Commerce, Washington,
DC 20230, no later than ten (10)
calendar days following publication of
this notice. These petitions are received
pursuant to section 251 of the Trade Act
1974, as amended.
Please follow the requirements set
forth in EDA’s regulations at 13 CFR
315.9 for procedures to request a public
hearing. The Catalog of Federal
Domestic Assistance official number
and title for the program under which
these petitions are submitted is 11.313,
Trade Adjustment Assistance for Firms.
SUPPLEMENTARY INFORMATION:
Miriam Kearse,
Lead Program Analyst.
[FR Doc. 2017–18956 Filed 9–6–17; 8:45 am]
BILLING CODE 3510–WH–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 2039]
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Reorganization and Expansion of
Foreign-Trade Zone 193 Under
Alternative Site Framework; Pinellas
County, Florida
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the
following Order:
Whereas, the Foreign-Trade Zones
(FTZ) Act provides for ‘‘ * * * the
establishment * * * of foreign-trade
zones in ports of entry of the United
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8/29/2017
States, to expedite and encourage
foreign commerce, and for other
purposes,’’ and authorizes the ForeignTrade Zones Board to grant to qualified
corporations the privilege of
establishing foreign-trade zones in or
adjacent to U.S. Customs and Border
Protection ports of entry;
Whereas, the Board adopted the
alternative site framework (ASF) (15
CFR Sec. 400.2(c)) as an option for the
establishment or reorganization of
zones;
Whereas, Pinellas County, Florida,
grantee of Foreign-Trade Zone 193,
submitted an application to the Board
(FTZ Docket B–50–2016, docketed
August 2, 2016) for authority to
reorganize and expand under the ASF
with a service area of Pinellas,
Hernando and Pasco Counties, Florida,
in and adjacent to the St. Petersburg
Customs and Border Protection port of
entry, FTZ 193’s existing Sites 1, 2 and
3 would be categorized as magnet sites,
and the zone would have four initial
usage-driven sites (Sites 4, 5, 6 and 7),
with Temporary Site 8 maintaining its
current designation;
Whereas, notice inviting public
comment was given in the Federal
Register (81 FR 52401, August 8, 2016)
and the application has been processed
pursuant to the FTZ Act and the Board’s
regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations are satisfied;
Now, Therefore, the Board hereby
orders:
The application to reorganize and
expand FTZ 193 under the ASF is
approved, subject to the FTZ Act and
the Board’s regulations, including
Section 400.13, to the Board’s standard
2,000-acre activation limit for the zone,
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Product(s)
The firm manufactures harps and other
string instruments, such as dulcimers.
The firm manufactures custom precision aluminum castings and molds.
The firm manufactures wire forms,
springs and other articles of iron and
steel.
to an ASF sunset provision for magnet
sites that would terminate authority for
Sites 2 and 3 if not activated within five
years from the month of approval, and
to an ASF sunset provision for usagedriven sites that would terminate
authority for Sites 4, 5, 6 and 7 if no
foreign-status merchandise is admitted
for a bona fide customs purpose within
three years from the month of approval.
Dated: August 25, 2017.
Gary Taverman,
Deputy Assistant Secretary for AD/CVD
Operations performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement & Compliance,
Alternate Chairman, Foreign-Trade Zones
Board.
[FR Doc. 2017–18903 Filed 9–6–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 170816771–7771–01]
RIN 0694–XC040
Effects of Extending Foreign PolicyBased Export Controls Through 2018
Bureau of Industry and
Security, Commerce.
ACTION: Request for comments.
AGENCY:
The Bureau of Industry and
Security (BIS) is seeking public
comments on the effect of existing
foreign policy-based export controls in
the Export Administration Regulations.
Section 6 of the Export Administration
Act requires BIS to consult with
industry on the effect of such controls
and to report the results of the
consultations to Congress. BIS is
conducting the consultations through
this request for public comments.
SUMMARY:
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Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices
Comments from all interested persons
are welcome and will help BIS
determine whether its foreign policybased export controls should be
continued for another year. All
comments will be made available for
public inspection and copying and
included in a report to be submitted to
Congress.
DATES: Comments must be received by
October 10, 2017.
ADDRESSES: Comments on this rule may
be submitted through the Federal eRulemaking portal
(www.regulations.gov). The
regulations.gov ID for this rule is: BIS–
2017–0024. Comments may also be sent
by email to publiccomments@
bis.doc.gov or on paper to Regulatory
Policy Division, Bureau of Industry and
Security, Department of Commerce,
14th Street & Pennsylvania Avenue
NW., Room 2099B, Washington, DC
20230. Include the phrase ‘‘FPBEC
Comment’’ in the subject line of the
email message or on the envelope if
submitting comments on paper. All
comments must be in writing (either
submitted to regulations.gov, by email
or on paper). All comments, including
Personal Identifying Information (e.g.,
name, address) voluntarily submitted by
the commenter will be a matter of
public record and will be available for
public inspection and copying. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
FOR FURTHER INFORMATION CONTACT:
Tracy Patts, Foreign Policy Division,
Office of Nonproliferation Controls and
Treaty Compliance, Bureau of Industry
and Security, telephone 202–482–6389.
Copies of the current Annual Foreign
Policy Report to the Congress are
available at https://www.bis.doc.gov/
index.php/about-bis/newsroom/
archives/27-about-bis/502-foreignpolicy-reports, and copies may also be
requested by calling the Office of
Nonproliferation and Treaty
Compliance at the number listed above.
SUPPLEMENTARY INFORMATION: Foreign
policy-based controls in the Export
Administration Regulations (EAR) are
implemented pursuant to section 6 of
the Export Administration Act of 1979,
as amended, (50 U.S.C. 4601–4623
(Supp. III 2015)) (EAA). The current
foreign policy-based export controls
maintained by the Bureau of Industry
and Security (BIS) are set forth in the
EAR (15 CFR parts 730–774), including
in parts 742 (CCL Based Controls), 744
(End-User and End-Use Based Controls)
and 746 (Embargoes and Other Special
Controls). These controls apply to a
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17:42 Sep 06, 2017
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range of countries, items, activities and
persons, including:
• Chemical precursors and biological
agents, associated equipment, technical
data, and software related to the
production of chemical and biological
agents (§§ 742.2 and 744.4) and various
chemicals included on the list of those
chemicals controlled pursuant to the
Chemical Weapons Convention
(§ 742.18);
• Equipment and related technical
data used in the design, development,
production, or use of certain rocket
systems and unmanned air vehicles
(§§ 742.5 and 744.3);
• Regional stability (§ 742.6);
• Crime control and detection items
(§ 742.7);
• Countries designated as Supporters
of Acts of International Terrorism
(§§ 742.8, 742.9, 742.10, 742.19, 746.4,
746.7, and 746.9);
• Specially designed implements of
torture (§ 742.11);
• Communication intercepting
devices, software and technology
(§ 742.13);
• Significant items (SI): Hot section
technology for the development,
production, or overhaul of commercial
aircraft engines, components, and
systems (§ 742.14);
• Encryption items (§ 742.15);
• Certain firearms and related items
based on the Organization of American
States Model Regulations for the Control
of the International Movement of
Firearms, their Parts and Components
and Ammunition included within the
Inter-American Convention Against the
Illicit Manufacturing of and Trafficking
in Firearms, Ammunition, Explosives,
and Other Related Materials (§ 742.17);
• Maritime nuclear propulsion
(§ 744.5);
• Certain foreign aircraft and vessels
(§ 744.7);
• Certain persons designated as
proliferators of weapons of mass
destruction (§ 744.8);
• Certain cameras to be used by
military end-users or incorporated into
a military commodity (§ 744.9);
• Certain entities in Russia (§ 744.10);
• Individual terrorists and terrorist
organizations (§§ 744.12, 744.13 and
744.14);
• Entities acting contrary to the
national security or foreign policy
interests of the United States (§ 744.11);
• Certain general purpose
microprocessors for ‘‘military end-uses’’
and ‘‘military end-users’’ (§ 744.17);
• Certain persons designated by
Executive Order 13315 (‘‘Blocking
Property of the Former Iraqi Regime, Its
Senior Officials and Their Family
Members’’) (§ 744.18);
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Sfmt 4703
• Certain sanctioned entities
(§ 744.20);
• Embargoed countries (Part 746);
• U.S. and U.N. arms embargoes
(§ 746.1 and Country Group D:5 of
Supplement No. 1 to Part 740); and
• Industry sectors and regions related
to U.S. policy towards Russia (§ 746.5).
In addition, the EAR impose foreign
policy-based export controls on certain
nuclear related commodities,
technology, end-uses and end-users
(§§ 742.3 and 744.2), in part,
implementing section 309(c) of the
Nuclear Non-Proliferation Act (42
U.S.C. 2139a).
Under the provisions of section 6 of
the EAA, export controls maintained for
foreign policy purposes must be
extended annually. Section 6 of the
EAA requires a report to Congress when
foreign policy-based export controls are
extended. The EAA expired on August
20, 2001. Executive Order 13222 of
August 17, 2001 (3 CFR, 2001 Comp., p.
783 (2002)), as amended by Executive
Order 13637 of March 8, 2013 (3 CFR,
2013 Comp., p. 223 (2014), which has
been extended by successive
Presidential Notices, the most recent
being that of August 15, 2017, (82 FR
39005 (August 16, 2017)) continues the
EAR and, to the extent permitted by
law, the provisions of the EAA, in effect
under the International Emergency
Economic Powers Act (50 U.S.C. 1701,
et seq. (2012)). The Department of
Commerce, as appropriate, follows the
provisions of section 6 of the EAA by
reviewing its foreign policy-based
export controls, conducting
consultations with industry on such
controls through public comments and
preparing a report to be submitted to
Congress. In January 2017, the Secretary
of Commerce, on the recommendation
of the Secretary of State, extended for
one year all foreign policy-based export
controls then in effect. BIS is now
soliciting public comment on the effects
of extending the existing foreign policybased export controls from January 2018
to January 2019. Among the criteria
considered in determining whether to
extend U.S. foreign policy-based export
controls are the following:
1. The likelihood that such controls
will achieve their intended foreign
policy purposes, in light of other factors,
including the availability from other
countries of the goods, software or
technology proposed for such controls;
2. Whether the foreign policy
objective of such controls can be
achieved through negotiations or other
alternative means;
3. The compatibility of the controls
with the foreign policy objectives of the
United States and with overall U.S.
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Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices
policy toward the country subject to the
controls;
4. Whether the reaction of other
countries to the extension of such
controls is not likely to render the
controls ineffective in achieving the
intended foreign policy objective or be
counterproductive to U.S. foreign policy
interests;
5. The comparative benefits to U.S.
foreign policy objectives versus the
effect of the controls on the export
performance of the United States, the
competitive position of the United
States in the international economy, the
international reputation of the United
States as a supplier of goods and
technology; and
6. The ability of the United States to
effectively enforce the controls.
BIS is particularly interested in
receiving comments on the economic
impact of proliferation controls. BIS is
also interested in industry information
relating to the following:
1. Information on the effect of foreign
policy-based export controls on sales of
U.S. products to third countries (i.e.,
those countries not targeted by
sanctions), including the views of
foreign purchasers or prospective
customers regarding U.S. foreign policybased export controls.
2. Information on controls maintained
by U.S. trade partners. For example, to
what extent do U.S. trade partners have
similar controls on goods and
technology on a worldwide basis or to
specific destinations?
3. Information on licensing policies or
practices by our foreign trade partners
that are similar to U.S. foreign policy
based export controls, including license
review criteria, use of conditions, and
requirements for pre- and post-shipment
verifications (preferably supported by
examples of approvals, denials and
foreign regulations).
4. Suggestions for bringing foreign
policy-based export controls more into
line with multilateral practice.
5. Comments or suggestions to make
multilateral controls more effective.
6. Information that illustrates the
effect of foreign policy-based export
controls on trade or acquisitions by
intended targets of the controls.
7. Data or other information on the
effect of foreign policy-based export
controls on overall trade at the level of
individual industrial sectors.
8. Suggestions for measuring the effect
of foreign policy-based export controls
on trade.
9. Information on the use of foreign
policy-based export controls on targeted
countries, entities, or individuals. BIS is
also interested in comments relating
generally to the extension or revision of
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17:42 Sep 06, 2017
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existing foreign policy-based export
controls.
Parties submitting comments are
asked to be as specific as possible. All
comments received before the close of
the comment period will be considered
by BIS in reviewing the controls and in
developing the report to Congress. All
comments received in response to this
notice will be displayed on BIS’s
Freedom of Information Act (FOIA) Web
site at https://efoia.bis.doc.gov/ and on
the Federal e-Rulemaking portal at
www.Regulations.gov. All comments
will also be included in a report to
Congress, as required by section 6 of the
EAA, which directs that BIS report to
Congress the results of its consultations
with industry on the effects of foreign
policy-based controls.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2017–19010 Filed 9–6–17; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–016]
Certain Passenger Vehicle and Light
Truck Tires From the People’s
Republic of China: Preliminary Results
of Antidumping Duty Administrative
Review, Preliminary Determination of
No Shipments, and Rescission, in Part;
2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on certain
passenger vehicle and light truck tires
(passenger tires) from the People’s
Republic of China (PRC). The period of
review (POR) is January 27, 2015
through July 31, 2016. The
administrative review covers 108
respondents, including four mandatory
respondents: Giti Tire Global Trading
Pte. Ltd. (Giti), which we have
preliminarily treated as a single entity
with four affiliated companies identified
below, Qingdao Sentury Tire Co., Ltd.
(Sentury), which we have preliminarily
treated as a single entity with two
affiliated companies identified below,
Best Choice International Trade Co.,
Limited (Best Choice), which withdrew
its participation from the administrative
review and will be treated as part of the
PRC-wide entity, and Shandong Haohua
Tire Co., Ltd. (Haohua), which
AGENCY:
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42281
withdrew its participation from the
administrative review and will be
treated as part of the PRC-wide entity.
The Department preliminarily finds that
Giti and Sentury sold subject
merchandise in the United States at
prices below normal value (NV) during
the POR. In addition, we preliminarily
determine that 65 companies/company
groupings have established their
eligibility for a separate rate, and that
ten companies under review made no
shipments of subject merchandise
during the POR. Finally, we are
rescinding this administrative review
with respect to Cooper Tire & Rubber
Company/Cooper Chengshan
(Shandong) Tire Co., Ltd./Cooper
(Kunshan) Tire Co., Ltd. (collectively
Cooper). Interested parties are invited to
comment on these preliminary results.
DATES:
September 7, 2017.
Toni
Page, Lingjun Wang, or Jun Jack Zhao,
AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–1398,
(202) 482–2316, or (202) 482–1396,
respectively.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Scope of the Order
The scope of the order is passenger
vehicle and light truck tires. Passenger
vehicle and light truck tires are new
pneumatic tires, of rubber, with a
passenger vehicle or light truck size
designation.1 Merchandise covered by
this order is classifiable under
subheadings 4011.10.10.10,
4011.10.10.20, 4011.10.10.30,
4011.10.10.40, 4011.10.10.50,
4011.10.10.60, 4011.10.10.70,
4011.10.50.00, 4011.20.10.05,
4011.20.50.10, 4011.99.45.10,
4011.99.45.50, 4011.99.85.10,
4011.99.85.50, 8708.70.45.45,
8708.70.45.60, 8708.70.60.30,
8708.70.60.45, and 8708.70.60.60 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheadings are provided for
convenience and customs purposes, our
written description of the scope of the
order is dispositive.
1 For a complete description of the scope of the
order, see ‘‘Decision Memorandum for the
Preliminary Results of the Antidumping Duty
Administrative Review of Certain Passenger Vehicle
and Light Truck Tires from the People’s Republic
of China, Preliminary Determination of No
Shipments; and Rescission, in part; 2015–2016,’’
(August 31, 2017) (Preliminary Decision
Memorandum).
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]]>Agencies
[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Notices]
[Pages 42279-42281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19010]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 170816771-7771-01]
RIN 0694-XC040
Effects of Extending Foreign Policy-Based Export Controls Through
2018
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Request for comments.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS) is seeking public
comments on the effect of existing foreign policy-based export controls
in the Export Administration Regulations. Section 6 of the Export
Administration Act requires BIS to consult with industry on the effect
of such controls and to report the results of the consultations to
Congress. BIS is conducting the consultations through this request for
public comments.
[[Page 42280]]
Comments from all interested persons are welcome and will help BIS
determine whether its foreign policy-based export controls should be
continued for another year. All comments will be made available for
public inspection and copying and included in a report to be submitted
to Congress.
DATES: Comments must be received by October 10, 2017.
ADDRESSES: Comments on this rule may be submitted through the Federal
e-Rulemaking portal (www.regulations.gov). The regulations.gov ID for
this rule is: BIS-2017-0024. Comments may also be sent by email to
publiccomments@bis.doc.gov or on paper to Regulatory Policy Division,
Bureau of Industry and Security, Department of Commerce, 14th Street &
Pennsylvania Avenue NW., Room 2099B, Washington, DC 20230. Include the
phrase ``FPBEC Comment'' in the subject line of the email message or on
the envelope if submitting comments on paper. All comments must be in
writing (either submitted to regulations.gov, by email or on paper).
All comments, including Personal Identifying Information (e.g., name,
address) voluntarily submitted by the commenter will be a matter of
public record and will be available for public inspection and copying.
Do not submit Confidential Business Information or otherwise sensitive
or protected information.
FOR FURTHER INFORMATION CONTACT: Tracy Patts, Foreign Policy Division,
Office of Nonproliferation Controls and Treaty Compliance, Bureau of
Industry and Security, telephone 202-482-6389. Copies of the current
Annual Foreign Policy Report to the Congress are available at https://www.bis.doc.gov/index.php/about-bis/newsroom/archives/27-about-bis/502-foreign-policy-reports, and copies may also be requested by calling the
Office of Nonproliferation and Treaty Compliance at the number listed
above.
SUPPLEMENTARY INFORMATION: Foreign policy-based controls in the Export
Administration Regulations (EAR) are implemented pursuant to section 6
of the Export Administration Act of 1979, as amended, (50 U.S.C. 4601-
4623 (Supp. III 2015)) (EAA). The current foreign policy-based export
controls maintained by the Bureau of Industry and Security (BIS) are
set forth in the EAR (15 CFR parts 730-774), including in parts 742
(CCL Based Controls), 744 (End-User and End-Use Based Controls) and 746
(Embargoes and Other Special Controls). These controls apply to a range
of countries, items, activities and persons, including:
Chemical precursors and biological agents, associated
equipment, technical data, and software related to the production of
chemical and biological agents (Sec. Sec. 742.2 and 744.4) and various
chemicals included on the list of those chemicals controlled pursuant
to the Chemical Weapons Convention (Sec. 742.18);
Equipment and related technical data used in the design,
development, production, or use of certain rocket systems and unmanned
air vehicles (Sec. Sec. 742.5 and 744.3);
Regional stability (Sec. 742.6);
Crime control and detection items (Sec. 742.7);
Countries designated as Supporters of Acts of
International Terrorism (Sec. Sec. 742.8, 742.9, 742.10, 742.19,
746.4, 746.7, and 746.9);
Specially designed implements of torture (Sec. 742.11);
Communication intercepting devices, software and
technology (Sec. 742.13);
Significant items (SI): Hot section technology for the
development, production, or overhaul of commercial aircraft engines,
components, and systems (Sec. 742.14);
Encryption items (Sec. 742.15);
Certain firearms and related items based on the
Organization of American States Model Regulations for the Control of
the International Movement of Firearms, their Parts and Components and
Ammunition included within the Inter-American Convention Against the
Illicit Manufacturing of and Trafficking in Firearms, Ammunition,
Explosives, and Other Related Materials (Sec. 742.17);
Maritime nuclear propulsion (Sec. 744.5);
Certain foreign aircraft and vessels (Sec. 744.7);
Certain persons designated as proliferators of weapons of
mass destruction (Sec. 744.8);
Certain cameras to be used by military end-users or
incorporated into a military commodity (Sec. 744.9);
Certain entities in Russia (Sec. 744.10);
Individual terrorists and terrorist organizations
(Sec. Sec. 744.12, 744.13 and 744.14);
Entities acting contrary to the national security or
foreign policy interests of the United States (Sec. 744.11);
Certain general purpose microprocessors for ``military
end-uses'' and ``military end-users'' (Sec. 744.17);
Certain persons designated by Executive Order 13315
(``Blocking Property of the Former Iraqi Regime, Its Senior Officials
and Their Family Members'') (Sec. 744.18);
Certain sanctioned entities (Sec. 744.20);
Embargoed countries (Part 746);
U.S. and U.N. arms embargoes (Sec. 746.1 and Country
Group D:5 of Supplement No. 1 to Part 740); and
Industry sectors and regions related to U.S. policy
towards Russia (Sec. 746.5).
In addition, the EAR impose foreign policy-based export controls on
certain nuclear related commodities, technology, end-uses and end-users
(Sec. Sec. 742.3 and 744.2), in part, implementing section 309(c) of
the Nuclear Non-Proliferation Act (42 U.S.C. 2139a).
Under the provisions of section 6 of the EAA, export controls
maintained for foreign policy purposes must be extended annually.
Section 6 of the EAA requires a report to Congress when foreign policy-
based export controls are extended. The EAA expired on August 20, 2001.
Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp., p. 783
(2002)), as amended by Executive Order 13637 of March 8, 2013 (3 CFR,
2013 Comp., p. 223 (2014), which has been extended by successive
Presidential Notices, the most recent being that of August 15, 2017,
(82 FR 39005 (August 16, 2017)) continues the EAR and, to the extent
permitted by law, the provisions of the EAA, in effect under the
International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.
(2012)). The Department of Commerce, as appropriate, follows the
provisions of section 6 of the EAA by reviewing its foreign policy-
based export controls, conducting consultations with industry on such
controls through public comments and preparing a report to be submitted
to Congress. In January 2017, the Secretary of Commerce, on the
recommendation of the Secretary of State, extended for one year all
foreign policy-based export controls then in effect. BIS is now
soliciting public comment on the effects of extending the existing
foreign policy-based export controls from January 2018 to January 2019.
Among the criteria considered in determining whether to extend U.S.
foreign policy-based export controls are the following:
1. The likelihood that such controls will achieve their intended
foreign policy purposes, in light of other factors, including the
availability from other countries of the goods, software or technology
proposed for such controls;
2. Whether the foreign policy objective of such controls can be
achieved through negotiations or other alternative means;
3. The compatibility of the controls with the foreign policy
objectives of the United States and with overall U.S.
[[Page 42281]]
policy toward the country subject to the controls;
4. Whether the reaction of other countries to the extension of such
controls is not likely to render the controls ineffective in achieving
the intended foreign policy objective or be counterproductive to U.S.
foreign policy interests;
5. The comparative benefits to U.S. foreign policy objectives
versus the effect of the controls on the export performance of the
United States, the competitive position of the United States in the
international economy, the international reputation of the United
States as a supplier of goods and technology; and
6. The ability of the United States to effectively enforce the
controls.
BIS is particularly interested in receiving comments on the
economic impact of proliferation controls. BIS is also interested in
industry information relating to the following:
1. Information on the effect of foreign policy-based export
controls on sales of U.S. products to third countries (i.e., those
countries not targeted by sanctions), including the views of foreign
purchasers or prospective customers regarding U.S. foreign policy-based
export controls.
2. Information on controls maintained by U.S. trade partners. For
example, to what extent do U.S. trade partners have similar controls on
goods and technology on a worldwide basis or to specific destinations?
3. Information on licensing policies or practices by our foreign
trade partners that are similar to U.S. foreign policy based export
controls, including license review criteria, use of conditions, and
requirements for pre- and post-shipment verifications (preferably
supported by examples of approvals, denials and foreign regulations).
4. Suggestions for bringing foreign policy-based export controls
more into line with multilateral practice.
5. Comments or suggestions to make multilateral controls more
effective.
6. Information that illustrates the effect of foreign policy-based
export controls on trade or acquisitions by intended targets of the
controls.
7. Data or other information on the effect of foreign policy-based
export controls on overall trade at the level of individual industrial
sectors.
8. Suggestions for measuring the effect of foreign policy-based
export controls on trade.
9. Information on the use of foreign policy-based export controls
on targeted countries, entities, or individuals. BIS is also interested
in comments relating generally to the extension or revision of existing
foreign policy-based export controls.
Parties submitting comments are asked to be as specific as
possible. All comments received before the close of the comment period
will be considered by BIS in reviewing the controls and in developing
the report to Congress. All comments received in response to this
notice will be displayed on BIS's Freedom of Information Act (FOIA) Web
site at https://efoia.bis.doc.gov/ and on the Federal e-Rulemaking
portal at www.Regulations.gov. All comments will also be included in a
report to Congress, as required by section 6 of the EAA, which directs
that BIS report to Congress the results of its consultations with
industry on the effects of foreign policy-based controls.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2017-19010 Filed 9-6-17; 8:45 am]
BILLING CODE 3510-33-P
