Bureau of Industry and Security August 2023 – Federal Register Recent Federal Regulation Documents
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Revisions of Temporary Denial Order Provisions To Allow for Extended Renewals in Certain Circumstances
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to create an additional option for the renewal of temporary denial orders (TDOs) by allowing BIS, under certain circumstances, to request that the Assistant Secretary for Export Enforcement renew an existing TDO for a period of no more than one year, rather than the current renewal period of no more than 180 days. This final rule also makes some conforming changes to remove references to the ``EAA,'' the Export Administration Act (EAA), and add in their place references to ``ECRA,'' the Export Control Reform Act (ECRA), to reflect the EAR's current statutory authority.
Revisions of the Section 232 Steel and Aluminum Tariff Exclusions Process
This proposed rule revises aspects of the process for requesting exclusions from the duties and quantitative limitations on imports of aluminum and steel discussed in five previous Bureau of Industry and Security (``BIS'') interim final rules implementing the exclusion process authorized by the President under section 232 of the Trade Expansion Act of 1962, as amended (``Section 232''). The changes in this proposed rule are also informed by a notice of request for public comments on the Section 232 exclusions process that was published by BIS on February 10, 2022 (February Notice). The February Notice was directed by Proclamation 10328 of December 27, 2021, that directed BIS to review the Section 232 exclusions process to make improvements, including soliciting public comments as part of the review process. Based on a BIS review of the existing Section 232 exclusion process for areas of improvement and public comments on the current process for submissions to BIS, BIS is publishing this proposed rule to propose revisions to the Section 232 exclusions process, including to the Section 232 Exclusions Portal. As part of this proposed rule, BIS requests public comments on the proposed changes.
Revisions to the Unverified List
The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by removing a total of 35 persons from the Unverified List (UVL), including 27 under the destination of China, one under the destination of Indonesia, two under the destination of Pakistan, one under the destination of Singapore, one under the destination of Turkey, and one under the destination of the United Arab Emirates because BIS was able to verify their bona fides; two persons, under the destination of Russia, are also removed from the UVL after they were added to the Entity List.
Expansion of Nuclear Nonproliferation Controls on the People's Republic of China and Macau; Correction
The Bureau of Industry and Security (BIS) is correcting a final rule, Expansion of Nuclear Nonproliferation Controls on the People's Republic of China and Macau, that appeared in the Federal Register on August 14, 2023. That rule intended to amend the Export Administration Regulations (EAR) by adding additional nuclear nonproliferation controls on China and Macau. There was an inadvertent error in one of the regulatory instructions for that rule; this final rule corrects that inadvertent error.
Commerce Control List: Updates Based on the Latest Nuclear Suppliers Group (NSG) Plenary Meetings
The Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to reflect changes reached by the Nuclear Suppliers Group (NSG) in its June 2019 plenary meeting in Nur-Sultan (now Astana), Kazakhstan and its plenary meeting of June 2022 in Warsaw, Poland. Consistent with U.S. commitments as a participating country in the NSG, this rule revises five existing Export Control Classification Numbers (ECCNs) under the Commerce Control List (CCL). These changes protect U.S. nuclear nonproliferation interests, while aligning the EAR with the control text agreed to by participating governments (PGs).
Expansion of Nuclear Nonproliferation Controls on the People's Republic of China and Macau
In response to the People's Republic of China's (China) military modernization efforts, military-civil fusion strategy, and expansion of its nuclear forces, the Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding additional nuclear nonproliferation controls on China and Macau. This change specifically applies to items controlled for Nuclear Nonproliferation (NP) column 2 reasons for control. These controls enhance U.S. Government efforts to monitor the export of these items and to ensure they are only being used in peaceful activities such as commercial nuclear power generation, medical developments, production of or use in medicine, and non-military industries.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Additional Protocol to the U.S.-International Atomic Energy Agency Safeguards
The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.
Notice of Report Publication From the Titanium Sponge Working Group
The Bureau of Industry and Security (BIS), with this notice, is informing the public that the interagency Titanium Sponge Working Group (TSWG) report and recommendations have been published on the BIS website: https://www.bis.doc.gov/232. On February 27, 2020, the President directed the establishment of the interagency TSWG to address the United States' severe reliance on imported sources of titanium sponge. The TSWG, co-led by the Secretaries of Commerce and Defense as designated by the President's memorandum, began meeting in July 2020 and completed its report and recommendations in 2022. The final report and recommendations were posted on the BIS website in July 2023. As directed by the President's memorandum establishing the TSWG, the report discusses and recommends measures to ensure access to titanium sponge in the United States for use for national defense and critical industries in an emergency.
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