Industry and Security Bureau September 2011 – Federal Register Recent Federal Regulation Documents
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Editorial Correction to the Export Administration Regulations
This final rule corrects reference and typographical errors in the Export Administration Regulations (EAR). The corrections are editorial in nature and do not affect license requirements. In addition to the editorial corrections, this rule adds new definitions to the EAR that were inadvertently not incorporated by a previous rule.
Updated Statements of Legal Authority for the Export Administration Regulations
This rule updates the Code of Federal Regulations legal authority citations for the Export Administration Regulations (EAR) to include the citation to the President's Notice of August 12, 2011 Continuation of Emergency Regarding Export Control Regulations.
National Defense Stockpile Market Impact Committee Request for Public Comments on the Potential Market Impact of Proposed Stockpile for Fiscal Year 2013
The purpose of this notice is to advise the public that the National Defense Stockpile Market Impact Committee (MIC), co-chaired by the Departments of Commerce and State, is seeking public comments on the potential market impact of the proposed disposal levels of materials for the Fiscal Year (FY) 2013 Annual Materials Plan. The role of the MIC is to advise the National Defense Stockpile Manager on the projected domestic and foreign economic effects of all acquisitions and disposals of materials from the stockpile. Public comments are an important element of the Committee's market impact review process.
Implementation of a Decision Adopted Under the Australia Group (AG) Intersessional Silent Approval Procedures in 2010 and Related Editorial Amendments
The Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to implement a decision based on a proposal that was discussed at the 2010 Australia Group (AG) Plenary and adopted under the AG intersessional silent approval procedures in November 2010. Specifically, this rule amends the Commerce Control List (CCL) entry in the EAR that controls human and zoonotic pathogens and ``toxins,'' consistent with the intersessional changes to the AG's ``List of Biological Agents for Export Control.'' First, this rule clarifies the scope of the AG- related controls in the EAR that apply to ``South American haemorrhagic fever (Sabia, Flexal, Guanarito)'' and ``Pulmonary and renal syndrome- haemorrhagic fever viruses (Seoul, Dobrava, Puumala, Sin Nombre)'' by revising the list of viruses in this CCL entry to remove these two fevers and replace them with ten viral causative agents for the fevers. These changes are intended to more clearly identify the causative agents that are of concern for purposes of the controls maintained by the AG. Second, this rule alphabetizes and renumbers the list of viruses in this CCL entry, consistent with the 2010 intersessional changes to the AG control list. Finally, this rule makes an editorial change to the CCL entry that controls human and zoonotic pathogens and ``toxins.'' To assist exporters to more easily identify the bacteria and ``toxins'' that are controlled under this CCL entry, this rule alphabetizes and renumbers the lists of bacteria and ``toxins'' in the entry.
Export Administration Regulations: Netherlands Antilles, Curaçao, Sint Maarten and Timor-Leste
The Netherlands Antilles dissolved on October 10, 2010. This rule removes the Netherlands Antilles from all places where it is mentioned in the Export Administration Regulations (EAR), e.g., the Commerce Country Chart, the Country Groups, and License Exception APP. Cura[ccedil]ao and Sint Maarten (the Dutch two-fifths of the island of Saint Martin) became semi-autonomous entities within the Kingdom of the Netherlands. Therefore, Cura[ccedil]ao and Sint Maarten are added to the Commerce Country Chart. The territories and dependencies of a country are treated as the parent country under the EAR. Bonaire, Saba, and Sint Eustatius now fall under the direct administration of the Netherlands. Therefore, these dependencies are treated like the Netherlands and will not be listed on the Commerce Country Chart. This rule also revises the name ``East Timor'' to read ``Timor- Leste'' throughout the EAR, because this is the proper name of the country.
Effects of Foreign Policy-Based Export Controls
The Bureau of Industry and Security (BIS) seeks public comments on the effect of existing foreign policy- based export controls in the Export Administration Regulations. BIS requests comments to comply with the requirements of Section 6 of the Export Administration Act (EAA) which requires BIS to consult with industry on the effect of such controls and report to Congress the results of that consultation. 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.
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