Bureau of Industry and Security 2012 – Federal Register Recent Federal Regulation Documents

Revisions to Authorization Validated End-User Provisions: Requirement for Notice of Export, Reexport or Transfer (In-Country) and Clarification Regarding Termination of Conditions on VEU Authorizations
Document Number: 2012-30482
Type: Rule
Date: 2012-12-19
Agency: Department of Commerce, Bureau of Industry and Security
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding a requirement for persons shipping under Authorization Validated End-User (VEU) to send written notice of such shipments to the recipient VEU. BIS further amends the EAR to clarify that when items subject to item-specific conditions under Authorization VEU no longer require a license for export or reexport or become eligible for shipment under a license exception, as set forth in the EAR, VEUs are no longer bound by the conditions associated with the original receipt of such items. On April 17, 2012, BIS published a proposed rule and requested public comments on these topics (77 FR 22689). The comment period closed June 18, 2012. BIS has addressed the public comments received in response to the proposed rule in this final rule.
Impact of the Implementation of the Chemical Weapons Convention (CWC) on Commercial Activities Involving “Schedule 1” Chemicals (Including Schedule 1 Chemicals Produced as Intermediates) Through Calendar Year 2012
Document Number: 2012-30480
Type: Notice
Date: 2012-12-19
Agency: Department of Commerce, Bureau of Industry and Security
The Bureau of Industry and Security (BIS) is seeking public comments on the impact that implementation of the Chemical Weapons Convention (CWC), through the Chemical Weapons Convention Implementation Act (CWCIA) and the Chemical Weapons Convention Regulations (CWCR), has had on commercial activities involving ``Schedule 1'' chemicals during calendar year 2012. The purpose of this notice of inquiry is to collect information to assist BIS in its preparation of the annual certification to the Congress, which is required under Condition 9 of Senate Resolution 75, April 24, 1997, in which the Senate gave its advice and consent to the ratification of the CWC.
Addition of Certain Persons to the Entity List
Document Number: C1-2012-28919
Type: Rule
Date: 2012-12-07
Agency: Department of Commerce, Bureau of Industry and Security
Editorial Corrections to the Commerce Control List of the Export Administration Regulations
Document Number: 2012-29143
Type: Rule
Date: 2012-12-07
Agency: Department of Commerce, Bureau of Industry and Security
This final rule corrects reference and typographical errors in the Commerce Control List (CCL) in the Export Administration Regulations (EAR). The corrections are primarily editorial in nature and do not affect license requirements. A technical standard in ECCN 3A991 is revised.
Order Denying Export Privileges
Document Number: 2012-29374
Type: Notice
Date: 2012-12-05
Agency: Department of Commerce, Bureau of Industry and Security
Addition of Certain Persons to the Entity List
Document Number: 2012-28919
Type: Rule
Date: 2012-11-29
Agency: Department of Commerce, Bureau of Industry and Security
This rule amends the Export Administration Regulations (EAR) by adding two persons to the Entity List and revising one existing entry. The 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 persons will be listed on the Entity List under one destination. The two entries added to the Entity List consist of two entries in Pakistan. This rule is also revising one existing entry in the U.A.E. to clarify the scope of the entry by providing an additional alias and alternate address for this listed person. The Entity List notifies the public that certain exports, reexports, and transfers (in-country) of items subject to the EAR to entities identified on the Entity List require licenses from the Bureau of Industry and Security (BIS) and that in most instances license exceptions are unavailable for such transactions. BIS usually applies a license review policy of denial because it considers such entities to present significant risks of diversion to weapons of mass destruction (WMD) programs, terrorism, or other activities that are contrary to U.S. national security or foreign policy interests. By publicly listing such entities, BIS seeks to assist legitimate exporters, reexporters and transferors, and other parties participating in transactions that are subject to the EAR by providing them with information to detect and avoid high risk transactions with those entities, which in most cases means any transaction that involves items that are subject to the EAR.
Revisions to the Export Administration Regulations (EAR) To Make the Commerce Control List (CCL) Clearer
Document Number: 2012-28363
Type: Proposed Rule
Date: 2012-11-29
Agency: Department of Commerce, Bureau of Industry and Security
On December 9, 2010, the Bureau of Industry and Security (BIS) published an advance notice of proposed rulemaking entitled Commerce Control List: Revising Descriptions of Items and Foreign Availability as part of the President's Export Control Reform (ECR) Initiative. The December 9, 2010 notice sought, among other things, public comments on how descriptions of items controlled on the Commerce Control List (CCL) could be made clearer. This proposed rule would implement changes identified by BIS and the public that would make the CCL clearer. This rule would only implement changes that can be made to the CCL without requiring changes to multilateral export control regime guidelines or lists. However, BIS has identified changes that would require a decision of a multilateral regime to implement. For those changes, the U.S. Government is developing regime change proposals for consideration by members of those multilateral export control regimes. BIS will implement those changes in separate rulemakings, if approved by the respective multilateral export control regimes.
Revisions to the Export Administration Regulations (EAR): Control of Military Electronic Equipment and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
Document Number: 2012-28396
Type: Proposed Rule
Date: 2012-11-28
Agency: Department of Commerce, Bureau of Industry and Security
This proposed rule describes how certain articles the President determines no longer warrant control under the United States Munitions List (USML) would be controlled on the Commerce Control List (CCL). Those articles and the USML categories under which they are currently controlled are: Military electronics (Category XI) and certain cryogenic and superconductive equipment designed for installation in military vehicles and that can operate while in motion (Categories VI, VII, VIII, and XV). Military electronics and related items would be controlled by new Export Control Classification Numbers (ECCNs) 3A611, 3B611, 3D611, and 3E611 proposed by this rule. Cryogenic and superconducting equipment for military vehicles and related items would be controlled under new ECCNs 9A620, 9B620, 9D620, and 9E620. This proposed rule also would amend ECCNs 7A001 and 7A101 to apply the missile technology reason for control only to items in those ECCNs on the Missile Technology Control Regime (MTCR) Annex. This is one in a planned series of proposed rules describing how various types of articles the President determines, as part of the Administration's Export Control Reform Initiative, no longer warrant USML control, would be controlled on the CCL and by the EAR. This proposed rule is being published in conjunction with a proposed rule from the Department of State, Directorate of Defense Trade Controls, which would amend the list of articles controlled by USML Category XI.
Emerging Technology and Research Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2012-28497
Type: Notice
Date: 2012-11-23
Agency: Department of Commerce, Bureau of Industry and Security
President's Export Council Subcommittee on Export Administration; Notice of Partially Closed Meeting
Document Number: 2012-28335
Type: Notice
Date: 2012-11-21
Agency: Department of Commerce, Bureau of Industry and Security
Regulations and Procedures Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2012-28334
Type: Notice
Date: 2012-11-21
Agency: Department of Commerce, Bureau of Industry and Security
Proposed Information Collection; Comment Request; BIS Program Evaluation
Document Number: 2012-27261
Type: Notice
Date: 2012-11-08
Agency: Department of Commerce, Bureau of Industry and Security
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Time Limit for Completion of Voluntary Self-Disclosures and Revised Notice of the Institution of Administrative Enforcement Proceedings
Document Number: 2012-27206
Type: Proposed Rule
Date: 2012-11-07
Agency: Department of Commerce, Bureau of Industry and Security
This proposed rule would require that the final, comprehensive narrative account required in voluntary self-disclosures (VSDs) of violations of the Export Administration Regulations (EAR) be submitted to the Office of Export Enforcement within 180 days of the initial VSD notification. This proposed rule also would authorize the use of delivery services other than registered or certified mail for providing notice of the issuance of a charging letter instituting an administrative enforcement proceeding under the EAR. It also would remove the phrase ``if delivery is refused'' from a provision relating to determining the date of service of notice of a charging letter's issuance based on an attempted delivery to the respondent's last known address. The Bureau of Industry and Security is proposing these changes to be better able to resolve administrative enforcement proceedings in a timely manner and provide more efficient notice of administrative charging letters.
Sensors and Instrumentation Technical Advisory Committee; Notice of Partially Closed Meeting; Rescheduled
Document Number: 2012-26871
Type: Notice
Date: 2012-11-02
Agency: Department of Commerce, Bureau of Industry and Security
Materials Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2012-26784
Type: Notice
Date: 2012-10-31
Agency: Department of Commerce, Bureau of Industry and Security
Materials Processing Equipment Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2012-26782
Type: Notice
Date: 2012-10-31
Agency: Department of Commerce, Bureau of Industry and Security
Transportation and Related Equipment Technical Advisory Committee; Notice of Open Meeting
Document Number: 2012-26773
Type: Notice
Date: 2012-10-31
Agency: Department of Commerce, Bureau of Industry and Security
Membership of the Bureau of Industry and Security Performance Review Board
Document Number: 2012-26062
Type: Notice
Date: 2012-10-23
Agency: Department of Commerce, Bureau of Industry and Security
In accordance with 5 U.S.C. 4314(c)(4), the Bureau of Industry and Security (BIS), Department of Commerce (DOC), announce the appointment of those individuals who have been selected to serve as members of BIS's Performance Review Board. The Performance Review Board is responsible for (1) reviewing performance appraisals and rating of Senior Executive Service (SES) members and (2) making recommendations to the appointing authority on other performance management issues, such as pay adjustments, bonuses and Presidential Rank Awards for SES members. The appointment of these members to the Performance Review Board will be for a period of twenty-four (24) months.
In the Matter of: Micei International, Respondent
Document Number: 2012-26058
Type: Notice
Date: 2012-10-23
Agency: Department of Commerce, Bureau of Industry and Security
Information Systems Technical Advisory Committee
Document Number: 2012-25883
Type: Notice
Date: 2012-10-22
Agency: Department of Commerce, Bureau of Industry and Security
Potential Market Impact of the Proposed Fiscal Year 2014 Annual Materials Plan; National Defense Stockpile Market Impact Committee Request for Public Comments
Document Number: 2012-25734
Type: Notice
Date: 2012-10-19
Agency: Department of Commerce, Bureau of Industry and Security
The purpose of this notice is to advise the public that the National Defense Stockpile Market Impact Committee, co-chaired by the Departments of Commerce and State, is seeking public comments on the potential market impact of the proposed Fiscal Year 2014 National Defense Stockpile Annual Materials Plan. The role of the Market Impact Committee is to advise the National Defense Stockpile Manager on the projected domestic and foreign economic effects of all acquisitions and disposals involving the stockpile and related material research and development projects. Public comments are an important element of the Committee's market impact review process.
Sensors and Instrumentation Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2012-25036
Type: Notice
Date: 2012-10-11
Agency: Department of Commerce, Bureau of Industry and Security
Addition of Certain Persons to the Entity List
Document Number: 2012-24760
Type: Rule
Date: 2012-10-09
Agency: Department of Commerce, Bureau of Industry and Security
This rule amends the Export Administration Regulations (EAR) by adding one hundred and sixty-four persons under one hundred and sixty-five entries to the Entity List. The 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 persons will be listed on the Entity List under twelve destinations. These additions to the Entity List consist of one person under Belize; thirteen persons under Canada; two persons under Cyprus; one person under Estonia; eleven persons under Finland; five persons under Germany; one person under Greece; two persons under Hong Kong; one person under Kazakhstan; one hundred and nineteen persons under Russia; two persons under Sweden; and seven persons under the United Kingdom, including six persons located in the British Virgin Islands. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to entities identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of license exceptions in such transactions is limited.
Order Denying Export Privileges
Document Number: 2012-24328
Type: Notice
Date: 2012-10-03
Agency: Department of Commerce, Bureau of Industry and Security
Order Denying Export Privileges
Document Number: 2012-24324
Type: Notice
Date: 2012-10-03
Agency: Department of Commerce, Bureau of Industry and Security
Order Denying Export Privileges
Document Number: 2012-24322
Type: Notice
Date: 2012-10-03
Agency: Department of Commerce, Bureau of Industry and Security
Proposed Information Collection; Comment Request; Chemical Weapons Convention Declaration and Report Handbook and Forms
Document Number: 2012-24063
Type: Notice
Date: 2012-10-01
Agency: Department of Commerce, Bureau of Industry and Security
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Emerging Technology and Research Advisory Committee; Notice of Open Meeting
Document Number: 2012-23754
Type: Notice
Date: 2012-09-27
Agency: Department of Commerce, Bureau of Industry and Security
Addition of Certain Persons to the Entity List; Removal of Person From the Entity List Based on Removal Request; and Implementation of Entity List Annual Review Changes
Document Number: 2012-22952
Type: Rule
Date: 2012-09-19
Agency: Department of Commerce, Bureau of Industry and Security
This rule amends the Export Administration Regulations (EAR) by adding six persons under eight entries to the Entity List. The 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 persons will be listed on the Entity List under Iran and the United Arab Emirates (U.A.E.). In addition, this rule 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 EAR, and further review conducted by the End-User Review Committee (ERC). Lastly, this rule amends the Entity List on the basis of the annual review conducted by the ERC. The ERC conducts annual reviews to determine if any entries on the Entity List should be removed or modified. This rule reflects the results of the annual review of entities located in Belarus, Canada, the People's Republic of China (China), Egypt, Germany, Hong Kong, Ireland, Israel, Kuwait, Lebanon, Malaysia, Pakistan, Singapore, South Africa, Taiwan, and the United Kingdom. On the basis of the annual review, this rule removes fourteen entries, adds three entries, and amends thirty-six other entries. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to entities identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of license exceptions in such transactions is limited.
Proposed Information Collection; Comment Request; National Security and Critical Technology Assessments of the U.S. Industrial Base
Document Number: 2012-22827
Type: Notice
Date: 2012-09-17
Agency: Department of Commerce, Bureau of Industry and Security
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Updated Statements of Legal Authority for the Export Administration Regulations
Document Number: 2012-22719
Type: Rule
Date: 2012-09-14
Agency: Department of Commerce, Bureau of Industry and Security
This rule updates the Code of Federal Regulations legal authority citations for the Export Administration Regulations (EAR) to include the citations to the President's Notice of August 15, 2012 Continuation of Emergency Regarding Export Control Regulations and the President's Notice of May 19, 2012Continuation of the National Emergency With Respect to the Actions of the Government of Syria. It also adds a citation to Executive Order 13338 to the authority citations paragraph of part 746 of the EAR.
Effects of Foreign Policy-Based Export Controls
Document Number: 2012-21571
Type: Notice
Date: 2012-09-07
Agency: Department of Commerce, Bureau of Industry and Security
In developing its report to Congress, BIS is seeking public comments on the effect of existing foreign policy-based export controls in the Export Administration Regulations. BIS is requesting public comments to conduct consultations with U.S. industries. Section 6 of the Export Administration Act (EAA) requires BIS to consult with industry on the effect of such controls and to report the results of the consultations to Congress. Comments from all interested persons are welcome. All comments will be made available for public inspection and copying and included in a report to be submitted to Congress.
Effectiveness of Licensing Procedures for Agricultural Commodities to Cuba
Document Number: 2012-21523
Type: Notice
Date: 2012-09-07
Agency: Department of Commerce, Bureau of Industry and Security
The Bureau of Industry and Security (BIS) is requesting public comments on the effectiveness of its licensing procedures as defined in the Export Administration Regulations for the export of agricultural commodities to Cuba. BIS will include a description of these comments in its biennial report to the Congress, as required by the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.), as amended.
Proposed Information Collection; Comment Request; Offsets in Military Exports
Document Number: 2012-21847
Type: Notice
Date: 2012-09-05
Agency: Department of Commerce, Bureau of Industry and Security
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
President's Export Council Subcommittee on Export Administration; Notice of Partially Closed Meeting
Document Number: 2012-20533
Type: Notice
Date: 2012-08-21
Agency: Department of Commerce, Bureau of Industry and Security
Regulations and Procedures Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2012-20530
Type: Notice
Date: 2012-08-21
Agency: Department of Commerce, Bureau of Industry and Security
Transportation and Related Equipment; Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2012-20528
Type: Notice
Date: 2012-08-21
Agency: Department of Commerce, Bureau of Industry and Security
Order Renewing Order Temporarily Denying Export Privileges
Document Number: 2012-20007
Type: Notice
Date: 2012-08-15
Agency: Department of Commerce, Bureau of Industry and Security
The Commerce Control List
Document Number: 2012-19389
Type: Rule
Date: 2012-08-07
Agency: Department of Commerce, Bureau of Industry and Security
The Commerce Control List
Document Number: 2012-18967
Type: Rule
Date: 2012-08-02
Agency: Department of Commerce, Bureau of Industry and Security
The Commerce Control List
Document Number: 2012-18365
Type: Rule
Date: 2012-07-26
Agency: Department of Commerce, Bureau of Industry and Security
Export and Reexport Controls to Rwanda and United Nations Sanctions Under the Export Administration Regulations
Document Number: 2012-17757
Type: Rule
Date: 2012-07-23
Agency: Department of Commerce, Bureau of Industry and Security
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement United Nations Security Council Resolution (UNSCR) 1823 (2008), which, among other things, terminated sanctions against Rwanda concerning ``arms and related materiel'' imposed in 1994 pursuant to UNSCR 918. This rule includes conforming changes in the EAR related to the termination of the United Nations embargo on ``arms and related materiel'' against Rwanda, including the removal of machetes from the Commerce Control List (CCL). Further, BIS amends Part 746 (Embargoes and Other Special Controls) of the EAR to require a license to export or reexport certain items to countries subject to United Nations Security Council arms embargoes. A presumptive denial policy will apply to applications to export or reexport items that are controlled for UN reasons and that would contravene a United Nations Security Council arms embargo.
Materials Processing Equipment Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2012-17619
Type: Notice
Date: 2012-07-19
Agency: Department of Commerce, Bureau of Industry and Security
Materials Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2012-17617
Type: Notice
Date: 2012-07-19
Agency: Department of Commerce, Bureau of Industry and Security
National Defense Stockpile Market Impact Committee Request for Public Comments on the Potential Market Impact of Proposed Supplement to the Fiscal Year 2013 Annual Materials Plan
Document Number: 2012-17460
Type: Notice
Date: 2012-07-18
Agency: Department of Commerce, Bureau of Industry and Security
The purpose of this notice is to advise the public that the National Defense Stockpile Market Impact Committee, co-chaired by the Departments of Commerce and State, is seeking public comments on the potential market impact of the proposed supplement to the Fiscal Year 2013 Annual Materials Plan related to two material research and development projects and the proposed revisions to the Annual Materials Plan for four materials currently in the National Defense Stockpile. The research and development projects involve two materialscadmium zinc tellurium (CZT) substrates and triamino trinitrobenzene (TATB). The revisions pertain to four materialsgermanium; manganese, metallurgical grade; platinum iridium; and zinc. The role of the Market Impact Committee is to advise the National Defense Stockpile Manager on the projected domestic and foreign economic effects of all acquisitions and disposals involving the stockpile and related material research and development projects. Public comments are an important element of the Committee's market impact review process.
The Commerce Control List
Document Number: 2012-17302
Type: Rule
Date: 2012-07-16
Agency: Department of Commerce, Bureau of Industry and Security
Definition of Terms
Document Number: 2012-17297
Type: Rule
Date: 2012-07-16
Agency: Department of Commerce, Bureau of Industry and Security