Russia: Implementation of Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act) Sanctions, 14689-14690 [2021-05488]
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14689
Rules and Regulations
Federal Register
Vol. 86, No. 51
Thursday, March 18, 2021
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
FOR FURTHER INFORMATION CONTACT:
Alexander Lopes, Office of
Nonproliferation and Treaty
Compliance, Bureau of Industry and
Security, Department of Commerce.
Phone: (202) 482–3825; Email:
Alexander.Lopes@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Implementation of Chemical and
Biological Weapons Control and
Warfare Elimination Act of 1991
Sanctions on Russia-Related Exports
and Reexports of Items Controlled for
National Security Reasons
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 740 and 742
[Docket No. 210219–0027]
RIN 0694–XC071
Russia: Implementation of Chemical
and Biological Weapons Control and
Warfare Elimination Act of 1991 (CBW
Act) Sanctions
Bureau of Industry and
Security, Commerce.
ACTION: Notification of implementation.
AGENCY:
The Secretary of State, acting
under authority delegated pursuant to
Executive Order 12851, has determined
pursuant to the Chemical and Biological
Weapons Control and Warfare
Elimination Act of 1991 (CBW Act) that
the Government of the Russian
Federation has used chemical or
biological weapons in violation of
international law or lethal chemical or
biological weapons against its own
nationals. The sanctions imposed on
Russia in connection with this
determination include a prohibition,
subject to partial waiver, on the export
to Russia of national security-controlled
goods and technology subject to the
Export Administration Regulations
(EAR). Pursuant to the EAR, BIS already
maintains controls on exports and
reexports to Russia of national securitycontrolled ‘‘items’’ (commodities,
software and technology) that are
subject to the EAR. This document
informs the public that, consistent with
BIS’s implementation of the CBW Act
sanctions, certain license exceptions
will be suspended for use with national
security-controlled items destined for
Russia, and most license applications
for exports or reexports of national
security-controlled items destined for
Russia will be reviewed under a
presumption of denial.
DATES: March 18, 2021.
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SUMMARY:
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15:53 Mar 17, 2021
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The Secretary of State, acting under
authority delegated pursuant to
Executive Order 12851, has determined
pursuant to Section 306(a) of the
Chemical and Biological Weapons
Control and Warfare Elimination Act of
1991 (CBW Act) that the Government of
the Russian Federation has used
chemical weapons in violation of
international law or lethal chemical
weapons against its own nationals. The
sanctions imposed on Russia in
connection with this determination
include a prohibition on the export to
Russia of national security-controlled
goods and technology subject to the
Export Administration Regulations
(EAR). The Secretary of State also issued
a partial waiver under the CBW Act of
these sanctions on national security
grounds. Pursuant to Section 742.4 of
the EAR, BIS already maintains controls
on exports and reexports to Russia of
national security-controlled ‘‘items’’
(commodities, software and technology)
that are subject to the EAR. Consistent
with BIS’s implementation of the CBW
Act sanctions, license applications for
exports or reexports of national securitycontrolled items to Russia will be
reviewed under a presumption of
denial. However, certain categories of
exports and reexports will be permitted
under a partial waiver of the application
of the sanctions, including exports and
reexports made under certain License
Exceptions. A License Exception is an
authorization allowing exports,
reexports, or transfers (in-country)
under stated conditions of items subject
to the EAR that would otherwise require
a license. Notably, as described in more
detail below, one of the waiver
provisions for commercial space launch
activities will expire on September 1,
2021, after which time the prohibition
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
will apply to the review of such license
applications.
While the focus of this document is
on BIS’s implementing actions,
exporters of items subject to the EAR
should also be aware that in order to
take additional steps to address Russia’s
use of chemical weapons, the
Department of State is amending the
International Traffic in Arms
Regulations (ITAR) § 126.1(d)(2) to
include Russia in the list of countries
subject to a policy of denial for exports
of defense articles and defense services.
Consistent with Note 1 to Country
Group D:5 in Supplement No. 1 to part
740 of the EAR, countries included in
§ 126.1 of the ITAR are also considered
to be in Country Group D:5. Placement
of a country in Country Group D:5
generally limits the availability of
license exceptions for exports and
reexports of certain items. See,
generally, 15 CFR part 740.
Prohibitions
Except as described below (under
‘‘National Security Waiver’’), effective
March 18, 2021, license applications for
exports or reexports of national securitycontrolled items to Russia will be
reviewed under a presumption of
denial. In particular, this policy applies
to commercial end-users and civil enduses in Russia and to state-owned
enterprises and state-funded enterprises
in Russia.
Further, in accordance with the
implementation of these new sanctions
under the CBW Act, and consistent with
Section 740.2(b) of the EAR, which
provides that all License Exceptions are
subject to revision, suspension, or
revocation, in whole or in part, without
notice, BIS hereby suspends License
Exception RPL (Service and
Replacement of Parts and Equipment),
License Exception TSU (Technology
and Software Unrestricted), and License
Exception APR (Additional Permissive
Reexports) for use with items controlled
for national security reasons that are
destined to Russia.
National Security Waiver
The Secretary of State has determined
and certified to Congress pursuant to
Section 307(d) of the CBW Act that it is
essential to the national security interest
of the United States to partially waive
the application of the statute with
respect to sanctions on the licensing of
certain exports and reexports as
E:\FR\FM\18MRR1.SGM
18MRR1
jbell on DSKJLSW7X2PROD with RULES
14690
Federal Register / Vol. 86, No. 51 / Thursday, March 18, 2021 / Rules and Regulations
of national security-controlled items
described below of national securitycontrolled items.
subject to the EAR in support of
License Exceptions: The waiver covers government space cooperation. License
exports and reexports of national
applications for such transactions will
security-controlled items to Russia that
be reviewed consistent with the export
are eligible for License Exception TMP
licensing policy for Russia prior to the
(Temporary Imports, Exports, and
date of this document. See Section
Reexports); License Exception GOV
742.4(b)(7) of the EAR.
(Governments, International
Other Russia-related licensing
Organizations, and International
considerations: BIS has also identified
Inspections under the Chemical
Parties with ties to Russia’s chemical
Weapons Convention); License
and biological weapons program in
Exception BAG (Baggage); License
additions to the Entity List published in
Exception AVS (Aircraft and Vessels);
and License Exception ENC (Encryption the Federal Register (see 85 FR 52898,
Commodities and Software). See
Aug. 27, 2020 and Addition of Certain
Sections 740.9 (TMP), 740.11 (GOV),
Entities to the Entity List; Correction of
740.14 (BAG), 740.15 (AVS), or 740.17
Existing Entries on the Entity List
(ENC) of the EAR.
published on March 8, 2021, in the
Safety of Flight: The waiver covers
Federal Register (see 86 FR 13179)).
exports and reexports to Russia of
Matthew S. Borman,
national security-controlled items
pursuant to licenses necessary for the
Deputy Assistant Secretary for Export
safety of flight of civil fixed-wing
Administration.
passenger aviation. License applications [FR Doc. 2021–05488 Filed 3–17–21; 8:45 am]
for such transactions will be reviewed
BILLING CODE 3510–33–P
consistent with export licensing policy
for Russia prior to the date of this
document. See Section 742.4(b)(7) of the
EAR.
Deemed Exports/Reexports: The
waiver covers exports and reexports of
national security-controlled items
pursuant to licenses for deemed exports
and reexports to Russian nationals.
License applications for such
transactions will be reviewed consistent
with export licensing policy for Russia
prior to the date of this document. See
Section 742.4(b)(7) of the EAR.
Wholly-Owned U.S. and Other
Foreign Subsidiaries: The waiver covers
exports and reexports of national
security-controlled items pursuant to
licenses to wholly-owned U.S.
subsidiaries and other foreign
subsidiaries of U.S. companies that are
located in Russia. License applications
for such transactions will be reviewed
consistent with export licensing policy
for Russia prior to the date of this
document. See Section 742.4(b)(7) of the
EAR.
Commercial Space Flight: The waiver
covers exports and reexports to Russia
of national security-controlled items in
support of commercial space launch
activities. License applications for such
transactions will be reviewed consistent
with the export licensing policy for
Russia prior to the date of this
document until September 1, 2021, after
which date this waiver provision will
expire and license applications will be
reviewed under a presumption of
denial. See Section 742.4(b)(7) of the
EAR.
Government Space Flight: The waiver
covers exports and reexports to Russia
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15:53 Mar 17, 2021
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 400, 410, 414, 415, 423,
424, and 425
[CMS–1734–F, CMS–1734–IFC, CMS–1744–
F, CMS–5531–F and CMS–3401–IFC] CN
RIN 0938–AU10, 0938–AU31, 0938–AU32,
and 0938–AU33
Medicare Program; CY 2021 Payment
Policies Under the Physician Fee
Schedule and Other Changes to Part B
Payment Policies; Medicare Shared
Savings Program Requirements;
Medicaid Promoting Interoperability
Program Requirements for Eligible
Professionals; Quality Payment
Program; Coverage of Opioid Use
Disorder Services Furnished by Opioid
Treatment Programs; Medicare
Enrollment of Opioid Treatment
Programs; Electronic Prescribing for
Controlled Substances for a Covered
Part D Drug; Payment for Office/
Outpatient Evaluation and
Management Services; Hospital IQR
Program; Establish New Code
Categories; Medicare Diabetes
Prevention Program (MDPP) Expanded
Model Emergency Policy; Coding and
Payment for Virtual Check-In Services
Interim Final Rule Policy; Coding and
Payment for Personal Protective
Equipment (PPE) Interim Final Rule
Policy; Regulatory Revisions in
Response to the Public Health
Emergency (PHE) for COVID–19; and
Finalization of Certain Provisions From
the March 31st, May 8th and
September 2nd Interim Final Rules in
Response to the PHE for COVID–19;
Correction
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule and interim final rule;
correction.
AGENCY:
This document corrects
technical errors in the final rule that
appeared in the December 28, 2020,
Federal Register entitled, ‘‘Medicare
Program; CY 2021 Payment Policies
under the Physician Fee Schedule and
Other Changes to Part B Payment
Policies; Medicare Shared Savings
Program Requirements; Medicaid
Promoting Interoperability Program
Requirements for Eligible Professionals;
Quality Payment Program; Coverage of
Opioid Use Disorder Services Furnished
by Opioid Treatment Programs;
Medicare Enrollment of Opioid
Treatment Programs; Electronic
SUMMARY:
E:\FR\FM\18MRR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 51 (Thursday, March 18, 2021)]
[Rules and Regulations]
[Pages 14689-14690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05488]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 86, No. 51 / Thursday, March 18, 2021 / Rules
and Regulations
[[Page 14689]]
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 740 and 742
[Docket No. 210219-0027]
RIN 0694-XC071
Russia: Implementation of Chemical and Biological Weapons Control
and Warfare Elimination Act of 1991 (CBW Act) Sanctions
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Notification of implementation.
-----------------------------------------------------------------------
SUMMARY: The Secretary of State, acting under authority delegated
pursuant to Executive Order 12851, has determined pursuant to the
Chemical and Biological Weapons Control and Warfare Elimination Act of
1991 (CBW Act) that the Government of the Russian Federation has used
chemical or biological weapons in violation of international law or
lethal chemical or biological weapons against its own nationals. The
sanctions imposed on Russia in connection with this determination
include a prohibition, subject to partial waiver, on the export to
Russia of national security-controlled goods and technology subject to
the Export Administration Regulations (EAR). Pursuant to the EAR, BIS
already maintains controls on exports and reexports to Russia of
national security-controlled ``items'' (commodities, software and
technology) that are subject to the EAR. This document informs the
public that, consistent with BIS's implementation of the CBW Act
sanctions, certain license exceptions will be suspended for use with
national security-controlled items destined for Russia, and most
license applications for exports or reexports of national security-
controlled items destined for Russia will be reviewed under a
presumption of denial.
DATES: March 18, 2021.
FOR FURTHER INFORMATION CONTACT: Alexander Lopes, Office of
Nonproliferation and Treaty Compliance, Bureau of Industry and
Security, Department of Commerce. Phone: (202) 482-3825; Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Implementation of Chemical and Biological Weapons Control and Warfare
Elimination Act of 1991 Sanctions on Russia-Related Exports and
Reexports of Items Controlled for National Security Reasons
The Secretary of State, acting under authority delegated pursuant
to Executive Order 12851, has determined pursuant to Section 306(a) of
the Chemical and Biological Weapons Control and Warfare Elimination Act
of 1991 (CBW Act) that the Government of the Russian Federation has
used chemical weapons in violation of international law or lethal
chemical weapons against its own nationals. The sanctions imposed on
Russia in connection with this determination include a prohibition on
the export to Russia of national security-controlled goods and
technology subject to the Export Administration Regulations (EAR). The
Secretary of State also issued a partial waiver under the CBW Act of
these sanctions on national security grounds. Pursuant to Section 742.4
of the EAR, BIS already maintains controls on exports and reexports to
Russia of national security-controlled ``items'' (commodities, software
and technology) that are subject to the EAR. Consistent with BIS's
implementation of the CBW Act sanctions, license applications for
exports or reexports of national security-controlled items to Russia
will be reviewed under a presumption of denial. However, certain
categories of exports and reexports will be permitted under a partial
waiver of the application of the sanctions, including exports and
reexports made under certain License Exceptions. A License Exception is
an authorization allowing exports, reexports, or transfers (in-country)
under stated conditions of items subject to the EAR that would
otherwise require a license. Notably, as described in more detail
below, one of the waiver provisions for commercial space launch
activities will expire on September 1, 2021, after which time the
prohibition will apply to the review of such license applications.
While the focus of this document is on BIS's implementing actions,
exporters of items subject to the EAR should also be aware that in
order to take additional steps to address Russia's use of chemical
weapons, the Department of State is amending the International Traffic
in Arms Regulations (ITAR) Sec. 126.1(d)(2) to include Russia in the
list of countries subject to a policy of denial for exports of defense
articles and defense services. Consistent with Note 1 to Country Group
D:5 in Supplement No. 1 to part 740 of the EAR, countries included in
Sec. 126.1 of the ITAR are also considered to be in Country Group D:5.
Placement of a country in Country Group D:5 generally limits the
availability of license exceptions for exports and reexports of certain
items. See, generally, 15 CFR part 740.
Prohibitions
Except as described below (under ``National Security Waiver''),
effective March 18, 2021, license applications for exports or reexports
of national security-controlled items to Russia will be reviewed under
a presumption of denial. In particular, this policy applies to
commercial end-users and civil end-uses in Russia and to state-owned
enterprises and state-funded enterprises in Russia.
Further, in accordance with the implementation of these new
sanctions under the CBW Act, and consistent with Section 740.2(b) of
the EAR, which provides that all License Exceptions are subject to
revision, suspension, or revocation, in whole or in part, without
notice, BIS hereby suspends License Exception RPL (Service and
Replacement of Parts and Equipment), License Exception TSU (Technology
and Software Unrestricted), and License Exception APR (Additional
Permissive Reexports) for use with items controlled for national
security reasons that are destined to Russia.
National Security Waiver
The Secretary of State has determined and certified to Congress
pursuant to Section 307(d) of the CBW Act that it is essential to the
national security interest of the United States to partially waive the
application of the statute with respect to sanctions on the licensing
of certain exports and reexports as
[[Page 14690]]
described below of national security-controlled items.
License Exceptions: The waiver covers exports and reexports of
national security-controlled items to Russia that are eligible for
License Exception TMP (Temporary Imports, Exports, and Reexports);
License Exception GOV (Governments, International Organizations, and
International Inspections under the Chemical Weapons Convention);
License Exception BAG (Baggage); License Exception AVS (Aircraft and
Vessels); and License Exception ENC (Encryption Commodities and
Software). See Sections 740.9 (TMP), 740.11 (GOV), 740.14 (BAG), 740.15
(AVS), or 740.17 (ENC) of the EAR.
Safety of Flight: The waiver covers exports and reexports to Russia
of national security-controlled items pursuant to licenses necessary
for the safety of flight of civil fixed-wing passenger aviation.
License applications for such transactions will be reviewed consistent
with export licensing policy for Russia prior to the date of this
document. See Section 742.4(b)(7) of the EAR.
Deemed Exports/Reexports: The waiver covers exports and reexports
of national security-controlled items pursuant to licenses for deemed
exports and reexports to Russian nationals. License applications for
such transactions will be reviewed consistent with export licensing
policy for Russia prior to the date of this document. See Section
742.4(b)(7) of the EAR.
Wholly-Owned U.S. and Other Foreign Subsidiaries: The waiver covers
exports and reexports of national security-controlled items pursuant to
licenses to wholly-owned U.S. subsidiaries and other foreign
subsidiaries of U.S. companies that are located in Russia. License
applications for such transactions will be reviewed consistent with
export licensing policy for Russia prior to the date of this document.
See Section 742.4(b)(7) of the EAR.
Commercial Space Flight: The waiver covers exports and reexports to
Russia of national security-controlled items in support of commercial
space launch activities. License applications for such transactions
will be reviewed consistent with the export licensing policy for Russia
prior to the date of this document until September 1, 2021, after which
date this waiver provision will expire and license applications will be
reviewed under a presumption of denial. See Section 742.4(b)(7) of the
EAR.
Government Space Flight: The waiver covers exports and reexports to
Russia of national security-controlled items subject to the EAR in
support of government space cooperation. License applications for such
transactions will be reviewed consistent with the export licensing
policy for Russia prior to the date of this document. See Section
742.4(b)(7) of the EAR.
Other Russia-related licensing considerations: BIS has also
identified Parties with ties to Russia's chemical and biological
weapons program in additions to the Entity List published in the
Federal Register (see 85 FR 52898, Aug. 27, 2020 and Addition of
Certain Entities to the Entity List; Correction of Existing Entries on
the Entity List published on March 8, 2021, in the Federal Register
(see 86 FR 13179)).
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-05488 Filed 3-17-21; 8:45 am]
BILLING CODE 3510-33-P
