Bureau of Industry and Security 2013 – Federal Register Recent Federal Regulation Documents

Revisions to the Export Administration Regulations (EAR): Unverified List (UVL)
Document Number: 2013-30117
Type: Rule
Date: 2013-12-19
Agency: Department of Commerce, Bureau of Industry and Security
The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by: Requiring exporters to file an Automated Export System (AES) record for all exports subject to the EAR involving a party or parties to the transaction who are listed on the Unverified List (the ``Unverified List'' or UVL); suspending the availability of license exceptions for exports, reexports, and transfers (in-country) involving a party or parties to the transaction who are listed on the UVL; requiring exporters, reexporters, and transferors to obtain a UVL statement from a party or parties to the transaction who are listed on the UVL before proceeding with exports, reexports, and transfers (in-country) involving items subject to the EAR, but where the item does not require a license, i.e., No License Required (NLR); publishing the UVL in the EAR; and adding to the EAR the procedures to request removal or modification of a UVL entry. These changes to the UVL enhance the U.S. Government's ability to verify the bona fides of parties to exports, reexports, or transfers (in-country) of items subject to the EAR and provide the U.S. Government increased visibility into such exports, reexports, and transfers involving persons whose bona fides could not be verified.
Updated Statements of Legal Authority for the Export Administration Regulations
Document Number: 2013-30116
Type: Rule
Date: 2013-12-19
Agency: Department of Commerce, Bureau of Industry and Security
This rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to include the citations to five Presidential notices extending emergencies declared pursuant to the International Emergency Economic Powers Act. This is a procedural rule that only updates authority paragraphs of the EAR. It does not alter any right, obligation or prohibition that applies to any person under the EAR.
Impact of the Implementation of the Chemical Weapons Convention (CWC) on Legitimate Commercial Chemical, Biotechnology, and Pharmaceutical Activities Involving “Schedule 1” Chemicals (Including Schedule 1 Chemicals Produced as Intermediates) Through Calendar Year 2013
Document Number: 2013-29736
Type: Notice
Date: 2013-12-13
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 2013. The purpose of this notice of inquiry is to collect information to assist BIS in its preparation of the annual certification to the Congress on whether the legitimate commercial activities and interests of chemical, biotechnology, and pharmaceutical firms are being harmed by such implementation. This certification 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; Amendment of Entity List Entries; and Removal of One Person From the Entity List Based on a Removal Request
Document Number: 2013-28663
Type: Rule
Date: 2013-12-12
Agency: Department of Commerce, Bureau of Industry and Security
This rule amends the Export Administration Regulations (EAR) by adding thirty-six persons under forty-six entries to the Entity List, revising three existing entries, and removing one 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 the following destinations: Armenia, Canada, China, Germany, Greece, Hong Kong, Iran, Malaysia, Thailand, Turkey, and the United Arab Emirates (U.A.E.). This rule is also revising one existing entry under Sweden to correct the entry by providing an address for this listed person under the destination of Estonia, and revising two entries in Canada, the first by removing two addresses, and the second by updating an address. Lastly, this rule removes one person in Russia from the Entity List. This person is being removed from the Entity List as a result of a request for removal submitted by the person, a review of information provided in the removal request in accordance with the procedures for requesting removal or modification of an Entity List entity, and further review conducted by the ERC.
Emerging Technology and Research Advisory Committee; Notice of Open Meeting
Document Number: 2013-28400
Type: Notice
Date: 2013-11-27
Agency: Department of Commerce, Bureau of Industry and Security
Regulations and Procedures Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2013-28398
Type: Notice
Date: 2013-11-27
Agency: Department of Commerce, Bureau of Industry and Security
President's Export Council Subcommittee on Export Administration; Notice of Open Meeting-Teleconference
Document Number: 2013-28396
Type: Notice
Date: 2013-11-27
Agency: Department of Commerce, Bureau of Industry and Security
Amendments to Existing Validated End-User Authorizations in the People's Republic of China
Document Number: 2013-27809
Type: Rule
Date: 2013-11-20
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) to revise existing authorizations for Validated End-Users (VEUs) Samsung China Semiconductor Co. Ltd. (Samsung China), Semiconductor Manufacturing International Corporation (SMIC), SK hynix Semiconductor (China) Ltd. (SK hynix China) and SK hynix Semiconductor (Wuxi) Ltd. (SK hynix Wuxi) (collectively ``SK hynix'') in the People's Republic of China (PRC). Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to add two items and remove one item from the list of eligible items for VEU Samsung China, add a facility to the list of eligible destinations and two items to the list of eligible items for VEU SMIC, and update the addresses of the facilities used by VEU SK hynix China and VEU SK hynix Wuxi.
National Defense Stockpile Market Impact Committee Request for Public Comments on the Potential Market Impact of the Proposed Fiscal Year 2015 Annual Materials Plan
Document Number: 2013-27154
Type: Notice
Date: 2013-11-13
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 2015 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.
Membership of the Bureau of Industry and Security Performance Review Board
Document Number: 2013-27081
Type: Notice
Date: 2013-11-13
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.
Materials Technical Advisory Committee; Notice of Open Meeting
Document Number: 2013-25926
Type: Notice
Date: 2013-10-31
Agency: Department of Commerce, Bureau of Industry and Security
Transportation and Related Equipment Technical Advisory Committee; Notice of Open Meeting
Document Number: 2013-24862
Type: Notice
Date: 2013-10-23
Agency: Department of Commerce, Bureau of Industry and Security
Sensors and Instrumentation Technical Advisory Committee; Notice of Partially Closed Meeting “Rescheduled”
Document Number: 2013-24860
Type: Notice
Date: 2013-10-23
Agency: Department of Commerce, Bureau of Industry and Security
Materials Processing Equipment Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2013-24859
Type: Notice
Date: 2013-10-23
Agency: Department of Commerce, Bureau of Industry and Security
Information Systems Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2013-24857
Type: Notice
Date: 2013-10-23
Agency: Department of Commerce, Bureau of Industry and Security
Order Relating to Afshin (“Sean”) Naghibi
Document Number: 2013-24402
Type: Notice
Date: 2013-10-08
Agency: Department of Commerce, Bureau of Industry and Security
Order Making Denial of Export Privileges Applicable to a Related Person
Document Number: 2013-24401
Type: Notice
Date: 2013-10-08
Agency: Department of Commerce, Bureau of Industry and Security
Order Denying Export Privileges
Document Number: 2013-24399
Type: Notice
Date: 2013-10-08
Agency: Department of Commerce, Bureau of Industry and Security
Revisions to the Export Administration Regulations (EAR) To Make the Commerce Control List (CCL) Clearer
Document Number: 2013-23496
Type: Rule
Date: 2013-10-04
Agency: Department of Commerce, Bureau of Industry and Security
This final rule implements changes that were proposed on November 29, 2012 in a proposed rule entitled Revisions to the Export Administration Regulations (EAR) To Make the Commerce Control List (CCL) Clearer. The changes in the November 29 proposed rule were informed by public comments received in response to an advance notice of proposed rulemaking entitled Commerce Control List: Revising Descriptions of Items and Foreign Availability published as part of the President's Export Control Reform (ECR) Initiative on December 9, 2010. This final rule implements changes that can be made to the CCL without requiring changes to multilateral export control regime guidelines or lists. This final rule also makes conforming changes and minor clarifications as a result of the publication of two final rules implementing the Export Control Reform Initiative: the April 16, 2013 final rule entitled Revisions to the Export Administration Regulations: Initial Implementation of Export Control Reform; and the July 8, 2013 final rule entitled Revisions to the Export Administration Regulations: Military Vehicles; Vessels of War; Submersible Vessels, Oceanographic Equipment; Related Items; and Auxiliary and Miscellaneous Items that the President Determines No Longer Warrant Control under the United States Munitions List. Lastly, this final rule is making revisions to the EAR as a result of public comments received in response to the November 29 proposed rule and to a notice of inquiry (NOI) entitled Request for Public Comments on Shipping Tolerances for Export Licenses Issued by the Bureau of Industry and Security (BIS), that BIS published on July 5, 2012.
Revisions to the Export Administration Regulations: Initial Implementation of Export Control Reform; Correction
Document Number: 2013-23498
Type: Rule
Date: 2013-10-03
Agency: Department of Commerce, Bureau of Industry and Security
The Bureau of Industry and Security (BIS) is correcting a final rule that appeared in the Federal Register of April 16, 2013. As part of the Export Control Reform (ECR) Initiative, the Bureau of Industry and Security (BIS), and the Directorate of Defense Trade Controls (DDTC), Department of State, have published multiple proposed amendments to the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), respectively, to strengthen national security by fundamentally reforming the export control system. The final rule implements the initial ECR changes by adding a structure and related provisions to control munitions items that the President has determined no longer warrant export control on the U.S. Munitions List (USML) on the Commerce Control List (CCL), specifically aircraft, gas turbine engines, and related items. The final rule was published in conjunction with a Department of State document that revises the USML so that upon the effective date of both documents, the USML and CCL and corresponding regulatory structures will be complementary. The Department of State is also correcting their final rule that appeared in the Federal Register of April 16, 2013, in a document published elsewhere in this issue of the Federal Register.
Sensors and Instrumentation Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2013-23974
Type: Notice
Date: 2013-10-01
Agency: Department of Commerce, Bureau of Industry and Security
Order Denying Export Privileges
Document Number: 2013-23913
Type: Notice
Date: 2013-10-01
Agency: Department of Commerce, Bureau of Industry and Security
Order Denying Export Privileges
Document Number: 2013-23912
Type: Notice
Date: 2013-10-01
Agency: Department of Commerce, Bureau of Industry and Security
Order Denying Export Privileges
Document Number: 2013-23910
Type: Notice
Date: 2013-10-01
Agency: Department of Commerce, Bureau of Industry and Security
Order Denying Export Privileges
Document Number: 2013-23306
Type: Notice
Date: 2013-09-25
Agency: Department of Commerce, Bureau of Industry and Security
Denial of Export Privileges; Sixing Liu
Document Number: 2013-23141
Type: Notice
Date: 2013-09-24
Agency: Department of Commerce, Bureau of Industry and Security
Proposed Information Collection; Comment Request; Triangular Transactions Covered by a U.S. Import Certificate
Document Number: 2013-22391
Type: Notice
Date: 2013-09-16
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.
Revisions to the Export Administration Regulations (EAR): Unverified List (UVL)
Document Number: 2013-21996
Type: Proposed Rule
Date: 2013-09-11
Agency: Department of Commerce, Bureau of Industry and Security
The Bureau of Industry and Security (BIS) proposes to amend the Export Administration Regulations (EAR) by: requiring exporters to file an Automated Export System (AES) record for all exports subject to the EAR involving a party or parties to the transaction who are listed on the Unverified List (the ``Unverified List'' or UVL); suspending the availability of license exceptions for exports, reexports, and transfers (in-country) involving a party or parties to the transaction who are listed on the UVL; requiring exporters, reexporters, and transferors to obtain a UVL statement from a party or parties to the transaction who are listed on the UVL before proceeding with exports, reexports, and transfers (in-country) involving items subject to the EAR, but where the item does not require a license, i.e., No License Required (NLR); publishing the UVL in the EAR; and adding to the EAR the procedures to request removal or modification of a UVL entry. These proposed changes to the UVL enhance the U.S. Government's ability to verify the bona fides of parties to exports, reexports, or transfers (in-country) of items subject to the EAR and provide the U.S. Government increased visibility into such exports, reexports, and transfers involving persons whose bona fides could not be verified.
Addition and Revision to the List of Validated End-Users in the People's Republic of China
Document Number: 2013-21579
Type: Rule
Date: 2013-09-06
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) to add an end-user in the People's Republic of China (PRC) to the list of Validated End-Users (VEUs). Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to add Intel Semiconductor (Dalian) Ltd. (Intel Dalian) as a VEU. With this rule, exports, reexports and transfers (in-country) of certain items to two Intel Dalian eligible destinations are now authorized under Authorization VEU. BIS also amends Supplement No. 7 to part 748 to change the name of an existing VEU in the PRC, from Lam Research Corporation to Lam Research Service Co., Ltd.
Effects of Foreign Policy-Based Export Controls
Document Number: 2013-21577
Type: Notice
Date: 2013-09-05
Agency: Department of Commerce, 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. 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.
President's Export Council Subcommittee on Export Administration; Notice of Open Meeting
Document Number: 2013-21461
Type: Notice
Date: 2013-09-04
Agency: Department of Commerce, Bureau of Industry and Security
Regulations and Procedures Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2013-20848
Type: Notice
Date: 2013-08-27
Agency: Department of Commerce, Bureau of Industry and Security
Transportation and Related Equipment Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2013-20847
Type: Notice
Date: 2013-08-27
Agency: Department of Commerce, Bureau of Industry and Security
Time Limit for Completion of Voluntary Self-Disclosures and Revised Notice of the Institution of Administrative Enforcement Proceedings
Document Number: 2013-19364
Type: Rule
Date: 2013-08-09
Agency: Department of Commerce, Bureau of Industry and Security
This rule requires that the final, comprehensive narrative account required in voluntary self-disclosures (VSDs) of violations of the Export Administration Regulations (EAR) be received by the Office of Export Enforcement (OEE) within 180 days of OEE's receipt of the initial VSD notification. This rule also authorizes 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 removes the phrase ``if delivery is refused'' from a provision related to determining the date that notice of a charging letter's issuance is served based on an attempted delivery to the respondent's last known address. The Bureau of Industry and Security is making these changes to be better able to resolve administrative enforcement proceedings in a timely manner and provide more efficient notice of administrative charging letters.
Proposed Information Collection; Comment Request; Voluntary Self-Disclosure of Antiboycott Violations
Document Number: 2013-19204
Type: Notice
Date: 2013-08-08
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.
Proposed Information Collection; Comment Request; Voluntary Self-Disclosure of Violations of the Export Administration Regulations
Document Number: 2013-19125
Type: Notice
Date: 2013-08-08
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.
Notice
Document Number: 2013-19043
Type: Notice
Date: 2013-08-07
Agency: Department of Commerce, Bureau of Industry and Security
Proposed Information Collection; Comment Request; Report of Requests for Restrictive Trade Practice or Boycott
Document Number: 2013-19007
Type: Notice
Date: 2013-08-07
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.
Final Decision and Order
Document Number: 2013-18078
Type: Notice
Date: 2013-07-29
Agency: Department of Commerce, Bureau of Industry and Security
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: 2013-17559
Type: Proposed Rule
Date: 2013-07-25
Agency: Department of Commerce, Bureau of Industry and Security
This is the second proposed rule to describe how military electronics and certain superconducting and cryogenic equipment and related items the President determines no longer warrant control under the United States Munitions List (USML) would be controlled on the Commerce Control List (CCL). 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 action is one in a planned series of proposed rules that would implement the Administration's Export Control Reform Initiative by describing how certain types of articles would be controlled on the CCL after the President determines that the articles no longer warrant USML control. 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. The revisions proposed in this rule are part of Commerce's retrospective plan under EO 13563 completed in August 2011. Commerce's full plan can be accessed at: http://open.commerce.gov/news/2011/08/23/ commerce-plan-retrospective-analysis-existing-rules.
Order Relating to Yaming Nina Qi Hanson
Document Number: 2013-17513
Type: Notice
Date: 2013-07-22
Agency: Department of Commerce, Bureau of Industry and Security
Harold Hanson; Order Relating to Harold Hanson
Document Number: 2013-17512
Type: Notice
Date: 2013-07-22
Agency: Department of Commerce, Bureau of Industry and Security