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

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Change in Comment Deadline for Section 232 National Security Investigation of Imports of Aluminum
Document Number: 2017-11557
Type: Notice
Date: 2017-06-02
Agency: Department of Commerce, Bureau of Industry and Security
On May 9, 2017, the Bureau of Industry and Security (BIS), published the Notice of Request for Public Comments and Public Hearing on Section 232 National Security Investigation of Imports of Aluminum. The May 9 notice specified that the Secretary of Commerce initiated an investigation to determine the effects on the national security of imports of aluminum. This investigation has been initiated under section 232 of the Trade Expansion Act of 1962, as amended. (See the May 9 notice for additional details on the investigation and the request for public comments.) The May 9 notice also announced that the Department of Commerce will hold a public hearing on the investigation on June 22, 2017 in Washington, DC (See the May 9 notice for additional details on the public hearing.) The deadline for the written comments was June 29, 2017. Today's notice moves the deadline for all written submissions up by six calendar days. Commenters now are encouraged to submit their comments by June 20, 2017, but all written submissions must be received by no later than June 23, 2017 to be considered in the drafting of the final report.
Regulations and Procedures Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2017-11175
Type: Notice
Date: 2017-05-31
Agency: Department of Commerce, Bureau of Industry and Security
Addition of Certain Persons and Revisions to Entries on the Entity List
Document Number: 2017-10804
Type: Rule
Date: 2017-05-26
Agency: Department of Commerce, Bureau of Industry and Security
This rule amends the Export Administration Regulations (EAR) by adding sixteen persons to the Entity List. The sixteen 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 sixteen persons will be listed on the Entity List under the destinations of Pakistan, Turkey and the United Arab Emirates. This final rule is also modifying two existing entries in the Entity List under the destinations of China and Hong Kong.
Notice on Procedures for Attending or Viewing Remotely the Public Hearing on Section 232 National Security Investigation of Imports of Steel
Document Number: 2017-10444
Type: Notice
Date: 2017-05-23
Agency: Department of Commerce, Bureau of Industry and Security
On April 26, 2017, the Bureau of Industry and Security (BIS), published the Notice Request for Public Comments and Public Hearing on Section 232 National Security Investigation of Imports of Steel. The April 26 notice specified that the Secretary of Commerce initiated an investigation to determine the effects on the national security of imports of steel. This investigation has been initiated under section 232 of the Trade Expansion Act of 1962, as amended. (See the April 26 notice for additional details on the investigation and the request for public comments.) The April 26 notice also announced that the Department of Commerce will hold a public hearing on the investigation on May 24, 2017 in Washington, DC. Today's notice provides additional details on the procedures for attending the hearing and for viewing the hearing, via webcast.
Notice of Request for Public Comments and Public Hearing on Section 232 National Security Investigation of Imports of Aluminum
Document Number: 2017-09328
Type: Notice
Date: 2017-05-09
Agency: Department of Commerce, Bureau of Industry and Security
The Secretary of Commerce initiated an investigation to determine the effects on the national security of imports of aluminum. This investigation has been initiated under section 232 of the Trade Expansion Act of 1962, as amended. Interested parties are invited to submit written comments, data, analyses, or other information pertinent to the investigation to the Department of Commerce's Bureau of Industry and Security. The Department of Commerce will also hold a public hearing on the investigation on June 22, 2017, in Washington, DC. This notice identifies the issues on which the Department is interested in obtaining the public's views. It also sets forth the procedures for public participation in the hearing.
Notice Request for Public Comments and Public Hearing on Section 232 National Security Investigation of Imports of Steel
Document Number: 2017-08499
Type: Notice
Date: 2017-04-26
Agency: Department of Commerce, Bureau of Industry and Security
The Secretary of Commerce initiated an investigation to determine the effects on the national security of imports of steel. This investigation has been initiated under section 232 of the Trade Expansion Act of 1962, as amended. Interested parties are invited to submit written comments, data, analyses, or other information pertinent to the investigation to the Department of Commerce's Bureau of Industry and Security. The Department of Commerce will also hold a public hearing on the investigation on May 24, 2017 in Washington, DC. This notice identifies the issues on which the Department is interested in obtaining the public's views. It also sets forth the procedures for public participation in the hearing.
Materials Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2017-08387
Type: Notice
Date: 2017-04-26
Agency: Department of Commerce, Bureau of Industry and Security
Notice of Partially Closed Meeting of the Materials Processing Equipment Technical Advisory Committee
Document Number: 2017-08270
Type: Notice
Date: 2017-04-25
Agency: Department of Commerce, Bureau of Industry and Security
Transportation and Related Equipment Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2017-08264
Type: Notice
Date: 2017-04-25
Agency: Department of Commerce, Bureau of Industry and Security
Revision to an Entry on the Entity List
Document Number: 2017-07833
Type: Rule
Date: 2017-04-18
Agency: Department of Commerce, Bureau of Industry and Security
This rule amends the Export Administration Regulations (EAR) by revising one existing entry in the Entity List, under the destination of Russia. The license requirement for the entry is being revised to conform with a general license issued by the Department of the Treasury's Office of Foreign Assets Control on February 2, 2017.
Notice of Partially Closed Meeting of the Information Systems Technical Advisory Committee
Document Number: 2017-07218
Type: Notice
Date: 2017-04-11
Agency: Department of Commerce, Bureau of Industry and Security
Revisions to the Unverified List (UVL)
Document Number: 2017-06857
Type: Rule
Date: 2017-04-06
Agency: Department of Commerce, Bureau of Industry and Security
The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding six (6) persons to the Unverified List (the ``Unverified List'' or UVL); revising two addresses and adding an alternate name, or a.k.a., for one (1) person currently listed on the UVL; and revising three addresses, adding three additional addresses, and adding an alternate name, or a.k.a, for one (1) person currently listed on the UVL. The six persons are being added to the UVL on the basis that BIS could not verify their bona fides because an end-use check could not be completed satisfactorily for reasons outside the U.S. Government's control. Two addresses are revised for one person currently listed on the UVL to add the official Hong Kong district name. In addition, this rule adds an alternate name for this person. This rule also revises three addresses for an additional person currently listed on the UVL to add the official Hong Kong district names and correct a previous error. Finally, this rule adds three additional addresses and an alternate name for this person, as BIS has determined this person is receiving U.S. exports at additional addresses and using an additional name.
Removal of Certain Persons From the Entity List
Document Number: 2017-06228
Type: Rule
Date: 2017-03-29
Agency: Department of Commerce, Bureau of Industry and Security
This rule amends the Export Administration Regulations (EAR) by removing seven persons under ten entries from the Entity List. This rule removes four persons listed under the destination of Germany, one person listed under the destination of Hong Kong, one person listed under the destination of India, one person listed under the destination of Singapore, one person listed under the destination of Switzerland, and two persons under the destination of the United Arab Emirates from the Entity List. The three additional entries are being removed to account for two persons listed under more than one destination on the Entity List. All seven of the removals are the result of requests for removal received by BIS pursuant to the section of the EAR used for requesting removal or modification of an Entity List entity and a review of information provided in the removal requests in accordance with the procedure for requesting removal or modification of an Entity List entity.
Removal of Certain Persons From the Entity List; Addition of a Person to the Entity List; and EAR Conforming Change
Document Number: 2017-06227
Type: Rule
Date: 2017-03-29
Agency: Department of Commerce, Bureau of Industry and Security
This rule amends the Export Administration Regulations (EAR) by removing two persons listed under the destination of China from the Entity List. The two removals are the result of a request for removal received by BIS pursuant to the section of the EAR used for requesting removal or modification of an Entity List entry and a review of information provided in the removal request in accordance with the procedure for requesting removal or modification of an Entity List entity. In light of the recent settlement of administrative and criminal enforcement actions against ZTE Corporation and ZTE Kangxun, the End-User Review Committee (ERC) has determined that these two persons being removed have performed their undertakings to the U.S. Government in a timely manner and have otherwise cooperated with the U.S. Government in resolving the matter which led to the two entities' listing. This final rule also adds one person to the Entity List. This person who is added to the Entity List has been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. This person will be listed on the Entity List under the destination of China. Lastly, this final rule makes a conforming change to the EAR as a result of the removal of these two persons from the Entity List.
Order Denying Export Privileges
Document Number: 2017-05356
Type: Notice
Date: 2017-03-17
Agency: Department of Commerce, Bureau of Industry and Security
Regulations And Procedures Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2017-04462
Type: Notice
Date: 2017-03-07
Agency: Department of Commerce, Bureau of Industry and Security
Sensors and Instrumentation Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2017-04461
Type: Notice
Date: 2017-03-07
Agency: Department of Commerce, Bureau of Industry and Security
Emerging Technology and Research Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2017-04460
Type: Notice
Date: 2017-03-07
Agency: Department of Commerce, Bureau of Industry and Security
Technical Advisory Committees; Notice of Recruitment of Private-Sector Members
Document Number: 2017-04459
Type: Notice
Date: 2017-03-07
Agency: Department of Commerce, Bureau of Industry and Security
Seven Technical Advisory Committees (TACs) advise the Department of Commerce on the technical parameters for export controls applicable to dual-use commodities and technology and on the administration of those controls. The TACs are composed of representatives from industry representatives, academic leaders and U.S. Government representing diverse points of view on the concerns of the exporting community. Industry representatives are selected from firms producing a broad range of goods, technologies, and software presently controlled for national security, non-proliferation, foreign policy, and short supply reasons or that are proposed for such controls, balanced to the extent possible among large and small firms. TAC members are appointed by the Secretary of Commerce and serve terms of not more than four consecutive years. The membership reflects the Department's commitment to attaining balance and diversity. TAC members must obtain secret-level clearances prior to appointment. These clearances are necessary so that members may be permitted access to the classified information needed to formulate recommendations to the Department of Commerce. Each TAC meets approximately four times per year. Members of the Committees will not be compensated for their services. The seven TACs are responsible for advising the Department of Commerce on the technical parameters for export controls and the administration of those controls within the following areas: Information Systems TAC: Control List Categories 3 (electronics), 4 (computers), and 5 (telecommunications and information security); Materials TAC: Control List Category 1 (materials, chemicals, microorganisms, and toxins); Materials Processing Equipment TAC: Control List Category 2 (materials processing); Regulations and Procedures TAC: The Export Administration Regulations (EAR) and Procedures for implementing the EAR; Sensors and Instrumentation TAC: Control List Category 6 (sensors and lasers); Transportation and Related Equipment TAC: Control List Categories 7 (navigation and avionics), 8 (marine), and 9 (propulsion systems, space vehicles, and related equipment) and the Emerging Technology and Research Advisory Committee: (1) The identification of emerging technologies and research and development activities that may be of interest from a dual-use perspective; (2) the prioritization of new and existing controls to determine which are of greatest consequence to national security; (3) the potential impact of dual-use export control requirements on research activities; and (4) the threat to national security posed by the unauthorized exports of technologies. To respond to this recruitment notice, please send a copy of your resume to Ms. Yvette Springer at Yvette.Springer@bis.doc.gov. Deadline: This Notice of Recruitment will be open for one year from its date of publication in the Federal Register.
Submission for OMB Review; Comment Request; Technical Data Letter of Explanation
Document Number: 2017-04298
Type: Notice
Date: 2017-03-06
Agency: Department of Commerce, Bureau of Industry and Security
Temporary General License: Extension of Validity
Document Number: 2017-03664
Type: Rule
Date: 2017-02-24
Agency: Department of Commerce, Bureau of Industry and Security
On March 24, 2016, the Bureau of Industry and Security (BIS) published a final rule, Temporary General License. The March 24 final rule created a temporary general license that restored, for a specified time period, the licensing requirements and policies under the Export Administration Regulations (EAR) for exports, reexports, and transfers (in-country) as of March 7, 2016, to two entities (ZTE Corporation and ZTE Kangxun) that were added to the Entity List on March 8, 2016. At this time, the U.S. Government has decided to extend the temporary general license until March 29, 2017. In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of February 27, 2017, and to substitute the date of March 29, 2017. This final rule makes no other changes to the EAR.
Emerging Technology and Research Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2017-03377
Type: Notice
Date: 2017-02-21
Agency: Department of Commerce, Bureau of Industry and Security
Materials Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2017-03374
Type: Notice
Date: 2017-02-21
Agency: Department of Commerce, Bureau of Industry and Security
Transportation and Related Equipment Technical Advisory Committee: Notice of Partially Closed Meeting
Document Number: 2017-03351
Type: Notice
Date: 2017-02-21
Agency: Department of Commerce, Bureau of Industry and Security
Materials Processing Equipment Technical Advisory Committee: Notice of Partially Closed Meeting
Document Number: 2017-03348
Type: Notice
Date: 2017-02-21
Agency: Department of Commerce, Bureau of Industry and Security
Commerce Control List: Removal of Certain Nuclear Nonproliferation (NP) Column 2 Controls
Document Number: 2017-02164
Type: Rule
Date: 2017-02-01
Agency: Department of Commerce, Bureau of Industry and Security
In accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' published in the Federal Register on January 24, 2017 (the Memorandum), this action temporarily delays the implementation date of one revision implemented by the final rule entitled ``Commerce Control List: Removal of Certain Nuclear Nonproliferation (NP) Column 2 Controls'' published by the Bureau of Industry and Security (BIS) in the Federal Register on November 25, 2016. The final rule amended the Export Administration Regulations (EAR) to remove nuclear nonproliferation (NP) Column 2 license requirements from certain pressure tubes, pipes, fittings, pipe valves, pumps, numerically controlled machine tools, oscilloscopes, and transient recorders on the Commerce Control List (CCL).
Sensors and Instrumentation Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2017-01425
Type: Notice
Date: 2017-01-23
Agency: Department of Commerce, Bureau of Industry and Security
Information Systems Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 2017-01423
Type: Notice
Date: 2017-01-23
Agency: Department of Commerce, Bureau of Industry and Security
Updated Statements of Legal Authority for the Export Administration Regulations
Document Number: 2017-00443
Type: Rule
Date: 2017-01-23
Agency: Department of Commerce, Bureau of Industry and Security
This rule updates the Code of Federal Regulations (CFR) legal authority citations in the Export Administration Regulations (EAR) to cite the most recent Presidential notice continuing an emergency declared pursuant to the International Emergency Economic Powers Act. This is a non-substantive 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.
Order Relating To Berty Tyloo
Document Number: 2017-00893
Type: Notice
Date: 2017-01-17
Agency: Department of Commerce, Bureau of Industry and Security
Revisions to Sudan Licensing Policy
Document Number: 2017-00836
Type: Rule
Date: 2017-01-17
Agency: Department of Commerce, Bureau of Industry and Security
This rule revises the policy of review for applications for licenses to export or reexport to Sudan certain items that are intended to ensure the safety of civil aviation or the safe operation of fixed- wing, commercial passenger aircraft. Such applications will now be reviewed under a general policy of approval rather than a general policy of denial. This rule also revises the review policy from a general policy of denial to a general policy of approval for applications for licenses to export or reexport to Sudan certain items for use to inspect, design, construct, operate, improve, maintain, repair, overhaul or refurbish railroads in Sudan. This rule does not create any new license requirements or remove any existing license requirements for exports or reexports to Sudan. BIS is making these licensing policy changes in connection with ongoing U.S.-Sudan bilateral engagement, and with the aim of enhancing the safety of Sudan's civil aviation and improving the country's railroads. This action takes into account the United States' goals to improve regional peace and security. This rule also removes two instances of ``contract sanctity dates'' pertaining to the export and reexport of certain items to Sudan from the EAR that currently serve no practical purpose. BIS is taking these actions in coordination with the Department of the Treasury's Office of Foreign Assets Control (OFAC), which is amending the Sudanese Sanctions Regulations.
Increase of Controls: Infrared Detection Items
Document Number: 2017-00652
Type: Notice
Date: 2017-01-13
Agency: Department of Commerce, Bureau of Industry and Security
On October 12, 2016, the Bureau of Industry and Security (BIS) published a final rule entitled ``Revisions to the Export Administration Regulations (EAR): Control of Fire Control, Laser, Imaging, and Guidance Equipment the President Determines No Longer Warrant Control Under the United States Munitions List (USML).'' This notice of inquiry is published to request comments from the public on the impact of further increasing certain controls implemented by that final rule.
Sensors and Instrumentation Technical Advisory Committee; Notice of Open Meeting
Document Number: 2017-00339
Type: Notice
Date: 2017-01-11
Agency: Department of Commerce, Bureau of Industry and Security
Information Systems; Technical Advisory Committee; Notice of Open Meeting
Document Number: 2017-00338
Type: Notice
Date: 2017-01-11
Agency: Department of Commerce, Bureau of Industry and Security
Addition of Certain Persons and Revisions to Entries on the Entity List; and Removal of a Person From the Entity List
Document Number: 2016-31833
Type: Rule
Date: 2017-01-10
Agency: Department of Commerce, Bureau of Industry and Security
This rule amends the Export Administration Regulations (EAR) by adding five persons to the Entity List. The five 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 five persons will be listed on the Entity List under the destination of Turkey. This final rule also removes one entity from the Entity List under the destination of India as the result of a request for removal received by BIS and a review of information provided in the removal request in accordance with the procedure for requesting removal or modification of an Entity List entity. Finally, this rule is also revising five existing entries in the Entity List, under the destinations of Armenia, Greece, Pakistan, Russia and the United Kingdom (U.K.). Four of these entries are modified to reflect the removal from the Entity List of the entity located in India. The license requirement for the entry under the destination of Russia is being revised to conform with a general license issued by the Department of the Treasury's Office of Foreign Assets Control on December 20, 2016.
Revisions to the 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: 2016-31755
Type: Rule
Date: 2017-01-10
Agency: Department of Commerce, Bureau of Industry and Security
This final rule addresses issues raised in, and public comments on, the interim final rule that was published on May 13, 2014, as well as additional clarifications and corrections. The May 13 rule added controls to the Export Administration Regulations (EAR) for spacecraft and related items that the President has determined no longer warrant control under United States Munitions List (USML) Category XVspacecraft and related items. This is the third final rule BIS has published related to the May 13 rule and completes the regulatory action for the interim final rule. These changes were also informed by comments received in response to the May 13 rule that included a request for comments, as well as interagency discussions on how best to address the comments. The changes made in this final rule are grouped into four types of changes: Changes to address the movement of additional spacecraft and related items from the USML to the Commerce Control List (CCL), as a result of changes in aperture size for spacecraft that warrant ITAR control, in response to public comments and further U.S. Government review; changes to address the movement of the James Webb Space Telescope (JWST) from the USML to the CCL; other corrections and clarifications to the spacecraft interim final rule; and addition of .y items to Export Control Classification Number 9A515. This final rule is being published in conjunction with the publication of a Department of State, Directorate of Defense Trade Controls (DDTC) final rule, which makes changes, including corrections and clarifications, to the provisions adopted in the State Department's own May 13, 2014 rule. The State May 13 rule revised USML Category XV (22 CFR 121.1) to control those articles the President has determined warrant control on the USML. Both May 13 rules and the subsequent related rules are part of the President's Export Control Reform Initiative. This rule is also part of Commerce's retrospective regulatory review plan under Executive Order (EO) 13563 (see the SUPPLEMENTARY INFORMATION section of this rule for information on the availability of the plan).
Order Renewing Order Temporarily Denying Export Privileges
Document Number: 2017-00092
Type: Notice
Date: 2017-01-09
Agency: Department of Commerce, Bureau of Industry and Security
Addition of Certain Entities to the Entity List
Document Number: 2016-31969
Type: Rule
Date: 2017-01-04
Agency: Department of Commerce, Bureau of Industry and Security
The Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding five entities to the Entity List. These five entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. BIS is taking this action in conjunction with the designations made by the Office of Foreign Asset Controls, Department of the Treasury, under amended Executive Order 13694. This final rule lists these entities on the Entity List under the destination of Russia.
Burma: Amendment of the Export Administration Regulations Consistent With an Executive Order That Terminated U.S. Government's Sanctions
Document Number: 2016-31208
Type: Rule
Date: 2016-12-27
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) consistent with Executive Order 13742 of October 7, 2016. That Executive Order terminated the national emergency with respect to the actions and policies of the Government of Burma (Burma) and revoked several Burma-related Executive Orders in recognition of Burma's substantial advances to promote democracy, including historic elections held in November 2015 that resulted in the formation of a democratically elected, civilian-led government. Specifically, in this rule, BIS removes license requirements and other restrictions on exports, reexports or transfers (in country) of items subject to the EAR made to persons whose property and interests in property were blocked pursuant to three Burma-related Executive Orders that were revoked on October 7, 2016. Consistent with the revised U.S. policy toward Burma, this rule also moves Burma from Country Group D:1 to Country Group B, a less restrictive country group placement under the EAR.
Proposed Information Collection; Comment Request; Five-Year Records Retention Requirement for Export Transactions and Boycott Actions
Document Number: 2016-31169
Type: Notice
Date: 2016-12-27
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; Technical Data Letter of Explanation
Document Number: 2016-31161
Type: Notice
Date: 2016-12-27
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.
Russian Sanctions: Addition of Certain Entities to the Entity List, and Clarification of License Review Policy
Document Number: 2016-31124
Type: Rule
Date: 2016-12-27
Agency: Department of Commerce, Bureau of Industry and Security
The Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding twenty-three entities to the Entity List. The twenty-three entities 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. BIS is taking this action to ensure the efficacy of existing sanctions on the Russian Federation (Russia) for violating international law and fueling the conflict in eastern Ukraine. These entities will be listed on the Entity List under the destinations of Russia and the Crimea region of Ukraine. In addition to the Entity List changes described above, this final rule revises the licensing policy in three sections of the Commerce Control List (CCL)-based controls in the EAR to clarify that BIS's review of license applications for exports, reexports and transfers (in-country) to Russia will take into account and protect U.S. national security interests.