Industry and Security Bureau June 2006 – Federal Register Recent Federal Regulation Documents

Antiboycott Penalty Guidelines
Document Number: 06-5917
Type: Proposed Rule
Date: 2006-06-30
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This proposed rule would set forth BIS policy concerning voluntary self disclosures of violations of part 760 (Restrictive Trade Practices or Boycotts) of the Export Administration Regulations (EAR) and violations of part 762 (Recordkeeping) of the EAR that relate to part 760. This proposed rule also would set forth the factors that the Bureau of Industry and Security (BIS) considers when deciding whether to pursue administrative charges or settle allegations of such violations as well as the factors that BIS considers when deciding what level of penalty to seek in administrative cases.
National Defense Stockpile Market Impact Committee Request for Public Comments on the Potential Market Impact of Increasing the Proposed Fiscal Year 2007 Disposal Level for Tantalum Carbide Powder
Document Number: E6-9942
Type: Notice
Date: 2006-06-23
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
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 increasing the National Defense Stockpile's proposed Fiscal Year 2007 Annual Materials Plan disposal level for tantalum carbide powder.
Materials Processing Equipment Technical Advisory Committee; Notice of Open Meeting
Document Number: 06-5525
Type: Notice
Date: 2006-06-19
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
In the Matter of: Teepad Electronic General Trading, P.O. Box #13708, Murshed Bazar, Dubai, UAE, Respondent; Decision and Order
Document Number: 06-5435
Type: Notice
Date: 2006-06-15
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
In the Matter of: Kailash Muttreja, MUTCO International, Kelenberweg 37 1101, EX Amsterdam, Netherlands, Respondent; Decision and Order
Document Number: 06-5434
Type: Notice
Date: 2006-06-15
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Authorization To Appoint Any Commerce Department Employee To Be Appeals Coordinator in Certain Administrative Appeals
Document Number: E6-9220
Type: Rule
Date: 2006-06-13
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule revises Section 756.2 of the Export Administration Regulations (EAR) to authorize the Under Secretary for Industry and Security to designate any employee of the Department of Commerce to be the appeals coordinator for appeals of administrative actions taken under part 756 of the EAR. Such designation of employees from outside the Bureau of Industry and Security shall require the concurrence of the head of the operating unit in which that employee is employed. Prior to publication of this rule, only a ``BIS official'' might have been designated as appeals coordinator.
Materials Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 06-5338
Type: Notice
Date: 2006-06-13
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Implementation of Unilateral Chemical/Biological (CB) Controls on Certain Biological Agents and Toxins; Clarification of Controls on Medical Products Containing Certain Toxins on the Australia Group (AG) Common Control Lists; Additions to the List of States Parties to the Chemical Weapons Convention (CWC)
Document Number: E6-8995
Type: Rule
Date: 2006-06-12
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Bureau of Industry and Security (BIS) is publishing this final rule to amend the Export Administration Regulations (EAR) to expand export and reexport controls on certain biological agents and toxins (referred to, herein, as ``select agents and toxins'') that have been determined 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, to have the potential to pose a severe threat to human, animal and plant life, as well as certain sectors of the U.S. economy (e.g., agriculture). Prior to the publication of this rule, twenty-two of these agents were not listed on the Commerce Control List (CCL) and one of these agents was incompletely specified therein. By amending the EAR to add a new CCL entry that controls CDC and/or APHIS select agents and toxins (including associated genetic elements, recombinant nucleic acids, and recombinant organisms) not previously specified on the CCL, this rule complements the controls that CDC and AHPIS have imposed on the possession, use, and transfer of these select agents and toxins within the United States. The addition of these items to the CCL is expected to have a minimal impact on U.S. industry, since the volume of exports and reexports is extremely limited. This rule also amends the EAR to clarify controls on certain medical products containing AG-controlled toxins, other than ricin or saxitoxin, by revising the definition of such products to clearly indicate that they include pharmaceutical formulations, prepackaged for distribution as clinical or medical products, that have been approved by the Food and Drug Administration (FDA) for use as an ``Investigational New Drug'' (IND). Specifically, this rule clarifies that FDA-approved IND products containing AG-controlled toxins (except ricin or saxitoxin) are considered to be ``medical products'' as described in the CCL entry that controls vaccines, immunotoxins, medical products, and diagnostic and food testing kits. BIS is making this clarification because the previous revision to the definition of medical products inadvertently failed to specify that such products include IND items. Furthermore, this clarification is consistent with the language in the AG exemption for clinical and medical products containing botulinum toxins and conotoxins, since the AG exemption applies when such products are designed for ``testing,'' as well as human administration, in the treatment of medical conditions. In addition, this rule removes the license requirements for exports and reexports to St. Kitts and Nevis of items that require a license for export or reexport only to countries of concern for chemical and biological weapons proliferation (CB) reasons. This change is being made because St. Kitts and Nevis is not listed in Country Group D:3. As a result of this change, there is now a one-to-one correspondence between the countries included in Country Group D:3 and the countries for which a license requirement is indicated under CB Column 3 of the Commerce Country Chart. Finally, this rule updates the list of countries that currently are States Parties to the Chemical Weapons Convention (CWC) by adding Antigua and Barbuda, Bhutan, Cambodia, the Democratic Republic of the Congo, Djibouti, Grenada, Haiti, Honduras, Liberia, and Vanuatu, which recently became States Parties. As a result of this change, the CW (Chemical Weapons) license requirements and policies in the EAR that apply to these countries now conform with those applicable to other CWC States Parties.
Correction to General Order Concerning Mayrow General Trading and Related Entities
Document Number: E6-8961
Type: Rule
Date: 2006-06-08
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Bureau of Industry and Security is correcting a final rule that appeared in the Federal Register on June 5, 2006 (71 FR 32272). This rule corrects an inadvertent error in the telephone number listed in the For Further Information Contact: section of the preamble.
In the Matter of: Swiss Telecom, 777 Bay the Wicket, P.O. Box 46070, Toronto, ON M5G 2P6, Respondent; Decision and Order
Document Number: 06-5142
Type: Notice
Date: 2006-06-07
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
General Order Concerning Mayrow General Trading and Related Entities
Document Number: 06-5118
Type: Rule
Date: 2006-06-05
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Bureau of Industry and Security is amending the Export Administration Regulations (EAR) by issuing a general order to impose a license requirement for exports and reexports of all items subject to the Export Administration Regulations (EAR) where the transaction involves Mayrow General Trading or entities related, as follows: Micatic General Trading; Majidco Micro Electronics; Atlinx Electronics; Micro Middle East Electronics; Narinco; F.N. Yaghmaei; and H. Ghasir. Mayrow General Trading and all entities related are located in Dubai, United Arab Emirates. This order also prohibits the use of License Exceptions for exports or reexports of any items subject to the EAR involving these entities. This final rule also adds a reference to the new general order in the part of the EAR that sets forth end-use and end-user license requirements.
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