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

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Materials Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2013-17168
Type: Notice
Date: 2013-07-17
Agency: Department of Commerce, Bureau of Industry and Security
Information Systems Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2013-17165
Type: Notice
Date: 2013-07-17
Agency: Department of Commerce, Bureau of Industry and Security
Materials Processing Equipment Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2013-17164
Type: Notice
Date: 2013-07-17
Agency: Department of Commerce, Bureau of Industry and Security
Revisions to the Export Administration Regulations Based on the 2012 Missile Technology Control Regime Plenary Agreements
Document Number: 2013-16954
Type: Rule
Date: 2013-07-16
Agency: Department of Commerce, Bureau of Industry and Security
The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the October 2012 Plenary in Berlin, Germany, and at the MTCR Reinforced Point of Contact (RPOC) meeting in Paris, France, in December 2011. This final rule revises six Export Control Classification Numbers (ECCNs) (1C011, 1C111, 1C116, 9A101, 9B105 and 9E101) and one defined term (the definition of ``payload'') to implement the changes that were agreed to at the meetings. This final rule also revises ECCNs 7E004 and 9D004 to better align the Commerce Control List (CCL) with the MTCR Annex and past MTCR agreements.
Additions to the List of Validated End-Users in the People's Republic of China: Samsung China Semiconductor Co. Ltd. and Advanced Micro-Fabrication Equipment, Inc., China
Document Number: 2013-16525
Type: Rule
Date: 2013-07-10
Agency: Department of Commerce, Bureau of Industry and Security
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations to add two end-users in the People's Republic of China to the list of Validated End-Users (VEU). Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to add Samsung China Semiconductor Co. Ltd. (Samsung China) and Advanced Micro-Fabrication Equipment, Inc., China (AMEC) as VEUs. With this rule, exports, reexports and transfers (in-country) of certain items to one Samsung China facility and one AMEC facility are now authorized under Authorization VEU.
Proposed Information Collection; Comment Request; Special Comprehensive License
Document Number: 2013-16302
Type: Notice
Date: 2013-07-09
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; Foreign Availability Procedures
Document Number: 2013-16301
Type: Notice
Date: 2013-07-09
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: 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
Document Number: 2013-16238
Type: Rule
Date: 2013-07-08
Agency: Department of Commerce, Bureau of Industry and Security
This rule adds to the Export Administration Regulations (EAR) controls on military vehicles and related items; vessels of war and related items; submersible vessels, oceanographic equipment and related items; and auxiliary and miscellaneous items that the President has determined no longer warrant control on the United States Munitions List (USML). This rule also adds to the EAR controls on items within the scope of the Munitions List (WAML) of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement) that are not specifically identified on the USML or the Commerce Control List (CCL) but that were subject to USML jurisdiction. Finally, this rule moves certain items that were already subject to the EAR to the new Export Control Classification Numbers (ECCNs) created by this rule. This rule is being published in conjunction with the publication of a Department of State, Directorate of Defense Trade Controls rule revising USML Categories VII, VI, XX, and XIII to control those articles the President has determined warrant control in those Categories of the USML. Both rules are part of the President's Export Control Reform Initiative. The revisions in this final rule are also part of Commerce's retrospective regulatory review plan under Executive Order (EO) 13563.
Emerging Technology and Research Advisory Committee;
Document Number: 2013-16047
Type: Notice
Date: 2013-07-03
Agency: Department of Commerce, Bureau of Industry and Security
Sensors And Instrumentation Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2013-16044
Type: Notice
Date: 2013-07-03
Agency: Department of Commerce, Bureau of Industry and Security
Implementation of the Understandings Reached at the 2012 Australia Group (AG) Plenary Meeting and the 2012 AG Intersessional Decisions; Changes to Select Agent Controls-Correction
Document Number: 2013-15970
Type: Rule
Date: 2013-07-03
Agency: Department of Commerce, Bureau of Industry and Security
The Bureau of Industry and Security (BIS) published a final rule in the Federal Register on Wednesday, June 5, 2013 (78 FR 33692), that amended the Export Administration Regulations (EAR) to implement the understandings reached at the June 2012 plenary meeting of the Australia Group (AG) and the 2012 AG intersessional decisions. That final rule also amended the EAR to reflect recent changes to the controls maintained by the Animal and Plant Health Inspection Service (APHIS), U.S. Department of Agriculture, and the Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services, on the possession, use, and transfer of select biological agents within the United States. The preamble of that final rule contained an error in its description of the amendments to Export Control Classification Number (ECCN) 1C351 that were based on the understandings reached at the 2012 AG Plenary. The preamble also contained an error in its description of the amendments to ECCN 2B352 that were based on the 2012 AG intersessional decisions. In addition, that final rule contained errors affecting the control language in ECCN 2B352, which controls specified equipment capable of use in handling biological materials. This document corrects these errors.
Order Relating to Billy L. Powell, Sr.
Document Number: 2013-15253
Type: Notice
Date: 2013-06-28
Agency: Department of Commerce, Bureau of Industry and Security
Order Making Denial of Export Privileges Applicable to a Related Person
Document Number: 2013-15272
Type: Notice
Date: 2013-06-26
Agency: Department of Commerce, Bureau of Industry and Security
Order Denying Export Privileges
Document Number: 2013-15019
Type: Notice
Date: 2013-06-24
Agency: Department of Commerce, Bureau of Industry and Security
Order Denying Export Privileges
Document Number: 2013-15017
Type: Notice
Date: 2013-06-24
Agency: Department of Commerce, Bureau of Industry and Security
Order Denying Export Privileges
Document Number: 2013-14838
Type: Notice
Date: 2013-06-21
Agency: Department of Commerce, Bureau of Industry and Security
Order Denying Export Privileges
Document Number: 2013-14836
Type: Notice
Date: 2013-06-21
Agency: Department of Commerce, Bureau of Industry and Security
Wassenaar Arrangement 2012 Plenary Agreements Implementation: Commerce Control List, Definitions, and Reports
Document Number: 2013-14644
Type: Rule
Date: 2013-06-20
Agency: Department of Commerce, Bureau of Industry and Security
The Bureau of Industry and Security (BIS) maintains, as part of its Export Administration Regulations (EAR), the Commerce Control List (CCL), which identifies certain of the items subject to Department of Commerce jurisdiction. This final rule revises the CCL to implement changes made to the Wassenaar Arrangement's List of Dual-Use Goods and Technologies (Wassenaar List) maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement, or WA) at the December 2012 WA Plenary Meeting (the Plenary). The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability. This rule harmonizes the CCL with the changes made to the WA List at the Plenary by revising ECCNs controlled for national security reasons in each category of the CCL, except category 8, as well as amending the General Software Note, WA reporting requirements, and definitions section in the EAR. BIS is adding unilateral controls to the CCL for specific software and technology for aviation control systems, which the WA agreements removed from the WA List, i.e., EAR national security controls.
Implementation of the Understandings Reached at the 2012 Australia Group (AG) Plenary Meeting and the 2012 AG Intersessional Decisions; Changes to Select Agent Controls
Document Number: 2013-13270
Type: Rule
Date: 2013-06-05
Agency: Department of Commerce, Bureau of Industry and Security
The Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to implement the understandings reached at the June 2012 plenary meeting of the Australia Group (AG) and the 2012 AG intersessional decisions. Specifically, this rule amends the Commerce Control List (CCL) entry in the EAR that controls human and zoonotic pathogens and ``toxins'' to reflect changes to the AG ``List of Biological Agents for Export Control'' that were made based on the understandings adopted at the June 2012 AG plenary meeting. These changes included the addition of three pathogens and clarifications to two other items. This rule also amends the CCL entry in the EAR that controls plant pathogens to reflect: The 2012 AG Plenary agreement to add five pathogens to the AG ``List of Plant Pathogens for Export Control;'' and the AG intersessional clarifications to six pathogens identified on this AG list. In addition, the CCL entry in the EAR that controls equipment capable of handling biological materials is amended to reflect the 2012 AG intersessional decision to add certain spray-drying equipment to the AG ``Control List of Dual-Use Biological Equipment and Related Technology and Software.'' This rule also removes the CCL entry that controls select agents not identified on any of the AG common controls lists, but identified on the CCL because they are (or were, until recently) subject to controls maintained by the Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services, and the Animal and Plant Health Inspection Service (APHIS), U.S. Department of Agriculture, on their possession, use, and transfer within the United States. Rather than continuing to control these select agents in a separate CCL entry, this rule adds those select agents that remain subject to the CDC/APHIS controls (as well as a recent addition to the list of select agents) to the AG-related CCL entries that control human and zoonotic pathogens and ``toxins'' and plant pathogens, respectively.
Addition, Removals, and Revisions to the List of Validated End-Users in the People's Republic of China
Document Number: 2013-13076
Type: Rule
Date: 2013-06-03
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 improve the display and readability of the list of Validated End-Users (VEU) and their respective eligible items and destinations; revise the existing VEU listing for the People's Republic of China (PRC) to add one end-user, Shanghai Huahong Grace Semiconductor Manufacturing Corporation, Ltd. (HHGrace); remove two end-users, Grace Semiconductor Manufacturing Corporation (GSMC) and Shanghai Huahong NEC Electronics Company, Ltd. (HHNEC); and update the list of eligible items for CSMC Technologies Corporation (CSMC). Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to remove GSMC and HHNEC as a result of the merger of the two companies to create HHGrace, which is being added as a VEU. With this rule, exports, reexports and transfers (in-country) of certain items to three facilities of HHGrace are now authorized under Authorization VEU. In addition, BIS is updating CSMC's list of eligible items in Supplement No. 7 to part 748. These actions are not being taken in response to activities of concern. Rather, the actions are being taken at the companies' request.
Regulations and Procedures Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2013-12550
Type: Notice
Date: 2013-05-28
Agency: Department of Commerce, Bureau of Industry and Security
Export Administration Regulations (EAR): Control of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
Document Number: 2013-11986
Type: Proposed Rule
Date: 2013-05-24
Agency: Department of Commerce, Bureau of Industry and Security
This proposed rule describes how certain articles the President determines no longer warrant control under United States Munitions List (USML) Category XVspacecraft and related itemswould be controlled on the Commerce Control List (CCL). Such items would be controlled by new Export Control Classification Numbers (ECCNs) 9A515, 9B515, 9D515, and 9E515 proposed by this rule and existing ECCNs. 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 XV. The revisions proposed in this rule are part of Commerce's retrospective regulatory review plan under EO 13563 completed in August 2011.
President's Export Council; Subcommittee on Export Administration; Notice of Open Meeting
Document Number: 2013-12082
Type: Notice
Date: 2013-05-21
Agency: Department of Commerce, Bureau of Industry and Security
Transportation and Related Equipment Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2013-09660
Type: Notice
Date: 2013-04-24
Agency: Department of Commerce, Bureau of Industry and Security
Information Systems Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2013-09658
Type: Notice
Date: 2013-04-24
Agency: Department of Commerce, Bureau of Industry and Security
Materials Processing Equipment Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2013-09639
Type: Notice
Date: 2013-04-24
Agency: Department of Commerce, Bureau of Industry and Security
Proposed Information Collection; Comment Request; International Import Certificate
Document Number: 2013-09617
Type: Notice
Date: 2013-04-24
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; Application for NATO International Competitive Bidding
Document Number: 2013-09599
Type: Notice
Date: 2013-04-24
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; Delivery Verification Procedure for Imports
Document Number: 2013-09342
Type: Notice
Date: 2013-04-22
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.
Amendments to Existing Validated End-User Authorizations: CSMC Technologies Corporation in the People's Republic of China (PRC)
Document Number: 2013-09289
Type: Rule
Date: 2013-04-19
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) to revise the existing Authorization Validated End-User (VEU) listing for CSMC Technologies Corporation (CSMC) in the People's Republic of China (PRC). Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to update VEU CSMC's current list of ``eligible destinations.''
Proposed Information Collection; Comment Request; Special Priorities Assistance
Document Number: 2013-08824
Type: Notice
Date: 2013-04-16
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: Initial Implementation of Export Control Reform
Document Number: 2013-08352
Type: Rule
Date: 2013-04-16
Agency: Department of Commerce, Bureau of Industry and Security
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. This 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. This rule is being published in conjunction with a Department of State rule that revises the USML so that upon the effective date of both rules, the USML and CCL and corresponding regulatory structures will be complementary. The revisions in this final rule are also part of Commerce's retrospective regulatory review plan under EO 13563, which Commerce completed in August 2011.
Reporting for Calendar Year 2012 on Offsets Agreements Related to Sales of Defense Articles or Defense Services to Foreign Countries or Foreign Firms
Document Number: 2013-08413
Type: Notice
Date: 2013-04-11
Agency: Department of Commerce, Bureau of Industry and Security
This notice is to remind the public that U.S. firms are required to report annually to the Department of Commerce (Commerce) information on contracts for the sale of defense articles or defense services to foreign countries or foreign firms that are subject to offsets agreements exceeding $5,000,000 in value. U.S. firms are also required to report annually to Commerce information on offsets transactions completed in performance of existing offsets commitments for which offsets credit of $250,000 or more has been claimed from the foreign representative. This year, such reports must include relevant information from calendar year 2012, and must be submitted to Commerce no later than June 15, 2013.
Emerging Technology and Research Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2013-08313
Type: Notice
Date: 2013-04-10
Agency: Department of Commerce, Bureau of Industry and Security
Sensors and Instrumentation Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2013-07638
Type: Notice
Date: 2013-04-02
Agency: Department of Commerce, Bureau of Industry and Security
Nexiant, LLC, 2531 West Maryland Avenue, Tampa, FL 33629; Order Denying Export Privileges
Document Number: 2013-07277
Type: Notice
Date: 2013-03-29
Agency: Department of Commerce, Bureau of Industry and Security
P&P Computers, 2531 West Maryland Avenue, Tampa, FL 33629; Order Denying Export Privileges
Document Number: 2013-07276
Type: Notice
Date: 2013-03-29
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; Implementation of Entity List Annual Review Changes
Document Number: 2013-07135
Type: Rule
Date: 2013-03-28
Agency: Department of Commerce, Bureau of Industry and Security
This rule amends the Export Administration Regulations (EAR) by adding eighteen persons to the Entity List (Supplement No. 4 to Part 744) under nineteen entries. These persons have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States on the basis of Sec. 744.11 of the EAR. These persons will be listed on the Entity List under China, Germany, Hong Kong, Ukraine, and United Arab Emirates. This rule also revises one entry under Germany to clarify the scope of the entry by providing two additional alternate addresses for the listed person. This rule further removes one entry under Canada as the result of a successful removal request. Finally, this rule notifies the public that the End-User Review Committee (ERC) has completed Annual Reviews of Afghanistan, Greece, India, Russia, and Ukraine and that no changes are being made to the Entity List as a result of these reviews. 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.
Amendment to the Export Administration Regulations: List of Items Classified Under Export Control Classification 0Y521 Series-Biosensor Systems
Document Number: 2013-07132
Type: Rule
Date: 2013-03-28
Agency: Department of Commerce, Bureau of Industry and Security
In this interim final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to make certain items subject to the EAR and to impose on those items a license requirement for export and reexport to all destinations, except Canada. Specifically, this rule classifies specified biosensor systems, ``software'' and ``technology'' under Export Control Classification Numbers (ECCNs) 0A521, 0D521 and 0E521, respectively, on the Commerce Control List (CCL). As described in the final rule that established the 0Y521 series and that was published in the Federal Register on April 13, 2012 (77 FR 22191), items are added to the 0Y521 series upon a determination by the Department of Commerce, with the concurrence of the Departments of Defense and State, that the items should be controlled for export because the items provide at least a significant military or intelligence advantage to the United States or foreign policy reasons justify control. The items identified in this rule are controlled for regional stability (RS) Column 1 reasons. The only license exception available for these items is for official use by personnel and agencies of the U.S. Government.
In the Matter of: Dan Tran Dang, 1010 W. Moore Street, Santa Ana, CA 92707; Order Denying Export Privileges
Document Number: 2013-06135
Type: Notice
Date: 2013-03-18
Agency: Department of Commerce, Bureau of Industry and Security