Industry and Security Bureau 2009 – Federal Register Recent Federal Regulation Documents

Updated Statements of Legal Authority To Reflect Continuation of Emergency Declared in Executive Order 12938 and Changes to the United States Code
Document Number: E9-30481
Type: Rule
Date: 2009-12-24
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule updates the Code of Federal Regulations (CFR) legal authority citations for the Export Administration Regulations (EAR) to replace citations to the President's Notice of November 10, 2008 Continuation of Emergency Regarding Weapons of Mass Destruction with the President's Notice of November 6, 2009 on the same subject and to reflect the recodification of former 42 U.S.C app. 466c as 15 U.S.C 1824a. BIS is making these changes to keep the CFR legal authority citations for the EAR current.
Reporting of Offsets Agreements in Sales of Weapon Systems or Defense-Related Items to Foreign Countries or Foreign Firms
Document Number: E9-30488
Type: Rule
Date: 2009-12-23
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This final rule amends title 15 of the Code of Federal Regulations, part 701, which implements Section 309 of the Defense Production Act of 1950 (``Section 309''), as amended. The Bureau of Industry and Security (``BIS'') is amending part 701 to update and provide clarification with regard to the information U.S. firms are required to submit each year to BIS to support BIS's preparation of the annual report to Congress on offsets in defense trade.
Authorization Validated End-User: Amendment to Existing Validated End-User Authorizations in the People's Republic of China (PRC) and India
Document Number: E9-30487
Type: Rule
Date: 2009-12-23
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to suspend the availability of Authorization Validated End-User (VEU) status for any export, reexport, or transfer (in-country) of items subject to the EAR to Aviza Technology China, a VEU in the People's Republic of China (PRC/China) and to GE India's GE Fanuc Systems PVT Ltd facility in India. VEU status was provided to the PRC company in an April 2009 final rule published in the Federal Register, and to the eligible facility of the Indian company in a July 2009 final rule published in the Federal Register.
Amendments to the Export Administration Regulations (EAR) Based Upon the Accession of Albania and Croatia to Formal Membership in the North Atlantic Treaty Organization (NATO)
Document Number: E9-30484
Type: Rule
Date: 2009-12-23
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 certain requirements in the Export Administration Regulations (EAR) that apply to Albania and Croatia. These changes are based upon the accession of Albania and Croatia to formal membership in the North Atlantic Treaty Organization (NATO) on April 1, 2009. Consistent with the EAR license requirements and licensing policies that apply to members of NATO, this final rule amends the EAR to remove certain crime control (CC), national security (NS), and regional stability (RS) license requirements for these two countries. A license continues to be required for exports and reexports to Albania or Croatia of items on the Commerce Control List (CCL) controlled for national security or regional stability reasons that are identified as requiring a license to destinations indicated under NS Column 1 (also NS Column 2, for Albania) or RS Column 1, respectively, on the Commerce Country Chart. Certain restraint devices, discharge type arms, and related technology described on the CCL continue to require a license for crime control reasons to Albania or Croatia. A license also continues to be required for specially designed implements of torture described on the CCL. Furthermore, this rule does not affect any license requirements that apply to these countries based on other reasons for control identified in the EAR. This final rule also removes the EAR prohibition that applied to certain in transit shipments through Albania, removes Albania from Country Group D, and adds Albania to Country Group B. Croatia has already been designated in the EAR as a Country Group B country. In addition, this rule amends the provisions of License Exception APR (Additional Permissive Reexports) that apply to reexports of certain thermal imaging cameras to include Albania and Croatia among the list of eligible destinations. Finally, this rule amends the definition of ``NATO (North Atlantic Treaty Organization)'' in the EAR to include Albania and Croatia.
Removal of Entry From the Entity List: Person Removed Based on Removal Request
Document Number: E9-30480
Type: Rule
Date: 2009-12-23
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule amends the Export Administration Regulations (EAR) by removing one person from the Entity List (Supplement No. 4 to Part 744). This person is being removed from the Entity List because the End-User Review Committee (ERC) decided to approve this person's request for removal from the Entity List. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to parties 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.
Proposed Information Collection; Comment Request; Licensing Exemptions and Exclusions
Document Number: E9-29702
Type: Notice
Date: 2009-12-14
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
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.
Implementation of the Wassenaar Arrangement's (WA) Task Force on Editorial Issues (TFEI) Revisions
Document Number: E9-28985
Type: Rule
Date: 2009-12-10
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Wassenaar Arrangement (WA) Task Force on Editorial Issues (TFEI) made revisions, editorial in nature, to clarify, remove extraneous text or correct text that appears in Export Control Classification Numbers (ECCNs) on the Commerce Control List of the Export Administration Regulations. The TFEI revisions (over 2,000) were agreed upon by the WA in December 2007. The WA implementation rules for 2007 and 2008 contain only the TFEI revisions that coincided with the revisions to ECCNs affected by the 2007 and 2008 WA agreements. This rule implements the remaining TFEI revisions.
Issuance of Electronic Document and Related Recordkeeping Requirements
Document Number: E9-28982
Type: Proposed Rule
Date: 2009-12-04
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Bureau of Industry and Security (BIS) is proposing to eliminate the use of most paper documents that it sends to parties having business before the agency. The documents that would be affected by this proposed rule are: Export and reexport licenses, notices of denial of license applications, notices of return of a license application without action, classification results, License Exception AGR notification results and encryption review request results. This proposed rule would modify the Export Administration Regulations (EAR) to implement those changes. This proposed rule also would make changes to the recordkeeping requirements associated with the elimination of paper documents. BIS is proposing to make these changes to reduce mailing costs and to free up staff time currently devoted to mailing these documents for use in other tasks.
Action Affecting Export Privileges; Corezing International; Kow Seng Lim; Zhenyong Zhou; Jie Luo; Insight Electronics Pte Ltd.; Action Global Co., Limited
Document Number: E9-28605
Type: Notice
Date: 2009-11-30
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Materials Processing Equipment Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: E9-28602
Type: Notice
Date: 2009-11-30
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Proposed Information Collection; Comment Request; BIS Program Evaluation
Document Number: E9-28361
Type: Notice
Date: 2009-11-27
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
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.
Emerging Technology and Research Advisory Committee; Notice of Partially Closed Meeting
Document Number: E9-28198
Type: Notice
Date: 2009-11-24
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Materials Technical Advisory Committee; Notice of Open Meeting
Document Number: E9-28191
Type: Notice
Date: 2009-11-24
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Impact of Implementation of the Chemical Weapons Convention on Commercial Activities Involving “Schedule 1” Chemicals Through Calendar Year 2009
Document Number: E9-27053
Type: Notice
Date: 2009-11-10
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Bureau of Industry and Security (BIS) is seeking public comments on the impact that implementation of the Chemical Weapons Convention, through the Chemical Weapons Convention Implementation Act and the Chemical Weapons Convention Regulations, has had on commercial activities involving ``Schedule 1'' chemicals during calendar year 2009. The purpose of this notice of inquiry is to collect information to assist BIS in its preparation of the annual certification to the Congress, which is required under Condition 9 of Senate Resolution 75, April 24, 1997, in which the Senate gave its advice and consent to the ratification of the Chemical Weapons Convention.
Revisions to the Export Administration Regulations Based on the 2008 Missile Technology Control Regime Plenary Additions
Document Number: E9-26961
Type: Rule
Date: 2009-11-09
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
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 accepted by MTCR member countries at the November 2008 Plenary in Canberra, Australia. In addition, this rule also clarifies certain EAR controls to properly reflect the intent of changes to items that were previously accepted by MTCR members at past MTCR Plenary meetings.
Action Affecting Export Privileges; Orion Air, S.L.; Syrian Pearl Airlines
Document Number: E9-26946
Type: Notice
Date: 2009-11-09
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Encryption Simplification
Document Number: E9-26542
Type: Rule
Date: 2009-11-04
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Bureau of Industry and Security (BIS) published a final rule in the Federal Register on Thursday, October 15, 2009 (74 FR 52880) that amended the Export Administration Regulations (EAR) to finalize and correct errors in an interim final rule entitled ``Encryption Simplification'' on October 3, 2008 (73 FR 57495). That final rule contained one error in the amendatory instruction used for revising one section. This error in the amendatory instruction led to the unintentional removal of the wrong sentence. This document corrects that amendatory instruction error by adding back the sentence that was removed and removing the intended sentence from that section.
Transportation and Related Equipment; Technical Advisory Committee; Notice of Open Meeting
Document Number: E9-25191
Type: Notice
Date: 2009-10-20
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Bureau of Industry and Security
Document Number: E9-25189
Type: Notice
Date: 2009-10-20
Agency: Department of Commerce, Industry and Security Bureau
Encryption Simplification Rule: Final
Document Number: E9-24697
Type: Rule
Date: 2009-10-15
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Bureau of Industry and Security (BIS) published the interim final rule entitled ``Encryption Simplification'' on October 3, 2008 (73 FR 57495). This rule finalizes that rule, corrects errors published in the October 3, 2008 interim final rule, and resolves inconsistencies in that rule identified by the public.
Sensors and Instrumentation Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: E9-24696
Type: Notice
Date: 2009-10-14
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Updated Statements of Legal Authority for the Export Administration Regulations
Document Number: E9-22677
Type: Rule
Date: 2009-09-21
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
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 13, 2009 Continuation of Emergency Regarding Export Control Regulations.
Action Affecting Export Privileges; Mahan Airways
Document Number: E9-22547
Type: Notice
Date: 2009-09-18
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Emerging Technology and Research Advisory Committee; Notice of Partially Closed Meeting
Document Number: E9-22300
Type: Notice
Date: 2009-09-16
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Proposed Information Collection; Comment Request; National Security and Critical Technology Assessment of the U.S. Industrial Base
Document Number: E9-21812
Type: Notice
Date: 2009-09-10
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
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; Chemical Weapons Convention Declaration and Report Handbook and Forms
Document Number: E9-21811
Type: Notice
Date: 2009-09-10
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
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.
Action Affecting Export Privileges; Bertrand Lalsingh
Document Number: E9-21634
Type: Notice
Date: 2009-09-09
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Action Affecting Export Privileges; Andrew Ward Freyer
Document Number: E9-21633
Type: Notice
Date: 2009-09-09
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Effects of Foreign Policy-Based Export Controls
Document Number: E9-21591
Type: Notice
Date: 2009-09-08
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Bureau of Industry and Security (BIS) is reviewing the foreign policy-based export controls in the Export Administration Regulations to determine whether they should be modified, rescinded or extended. To help make these determinations, BIS is seeking comments on how existing foreign policy-based export controls have affected exporters and the general public.
Cuba: Revisions to Gift Parcel and Baggage Restrictions, Creation of License Exception for Donated Consumer Communications Devices and Expansion of Licensing Policy Regarding Telecommunications
Document Number: E9-21402
Type: Rule
Date: 2009-09-08
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule revises two existing License Exceptions concerning exports and reexports of gift parcels to Cuba and of personal baggage taken by individuals leaving the United States for travel to Cuba. It also creates a new License Exception authorizing the export and reexport to Cuba of certain donated consumer communications devices, including certain computers and software, mobile phones, and satellite receivers. Finally, this rule revises the scope of existing licensing policy regarding certain telecommunications links including satellite radio and satellite television services. These actions are among those directed by the President on April 13, 2009 to enhance the free flow of information to and from Cuba and to promote contacts between Americans and their relatives who reside in Cuba as a means of encouraging positive change in Cuba and are consistent with the ongoing support the United States has provided to individuals and nongovernmental organizations that support democracy-building efforts in Cuba. These actions do not suspend or terminate the United States embargo of Cuba.
Revisions to Certain End-User Controls Under the Export Administration Regulations; Clarification Regarding License Requirements for Transfers (in-country) to Persons Listed on the Entity List
Document Number: E9-21367
Type: Rule
Date: 2009-09-08
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to make revisions to three sections that are used by the United States Government as the basis for placing persons onto the Entity List. These three sections specified license requirements for exports and reexports to persons listed on the Entity List, however; the sections were silent regarding whether or not the scope of the licensing requirements included transfers (in- country). This rule adds transfers (in-country) to the scope of the license requirements under each of the three sections. As a result of adding transfers (in-country) to these three end-user controls, all of the end-use and end-user controls that are used as a regulatory basis for placing persons on the Entity List now specify that the scope of the license requirements includes exports, reexports, and transfers (in-country).
National Defense Stockpile Market Impact Committee Request for Public Comments on the Potential Market Impact of Proposed Stockpile Disposals for Fiscal Year 2011
Document Number: E9-21350
Type: Notice
Date: 2009-09-04
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 the proposed disposal levels of excess materials for the Fiscal Year (FY) 2011 Annual Materials Plan.
Regulations and Procedures Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: E9-20270
Type: Notice
Date: 2009-08-24
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Transportation and Related Equipment; Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: E9-20250
Type: Notice
Date: 2009-08-24
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Technical Advisory Committees; Notice of Recruitment of Private-Sector Members
Document Number: E9-20249
Type: Notice
Date: 2009-08-24
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
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, academic and 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.
Materials Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: E9-19665
Type: Notice
Date: 2009-08-17
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Bureau of Industry and Security
Document Number: E9-19436
Type: Notice
Date: 2009-08-13
Agency: Department of Commerce, Industry and Security Bureau
Revisions to the Commerce Control List To Update and Clarify Crime Control License Requirements
Document Number: E9-19099
Type: Proposed Rule
Date: 2009-08-11
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This proposed rule would update and clarify export and reexport license requirements on striking weapons, restraint devices, shotguns and parts, optical sighting devices, and electric shock devices. It would also add equipment designed for executions to the Commerce Control List. This proposed rule would make no changes to the longstanding policy of denial of applications to export or reexport specially designed implements of torture. The proposed rule would provide additional illustrative examples of such items and would adopt a definition of torture used in a U.S. statute that implements the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. BIS is publishing this rule as part of an ongoing review of crime control license requirements and policy.
Materials Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: E9-18846
Type: Notice
Date: 2009-08-06
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Addition and Removal of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States; Removal of Persons Based on ERC Annual Review and Removal Requests; and Entry Modified for Purposes of Clarification
Document Number: E9-17295
Type: Rule
Date: 2009-07-21
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule amends the Export Administration Regulations (EAR) by adding thirteen additional persons to the Entity List (Supplement No. 4 to Part 744) on the basis of Section 744.11 of the EAR. The persons that 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. This rule also amends the Export Administration Regulations by removing three persons from the Entity List. BIS removes one of the three persons from the Entity List as a result of a determination made by the United States Government during the annual review of the Entity List conducted by the End-User Review Committee (ERC). The two remaining persons are removed from the Entity List in response to a request for removal. Finally,
Information Systems; Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: E9-16212
Type: Notice
Date: 2009-07-09
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Materials Processing Equipment Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: E9-16211
Type: Notice
Date: 2009-07-09
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Sensors and Instrumentation Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: E9-16210
Type: Notice
Date: 2009-07-09
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Implementation of the 2008 Australia Group (AG) Intersessional Decisions; Additions to the List of States Parties to the Chemical Weapons Convention (CWC)
Document Number: E9-15827
Type: Rule
Date: 2009-07-06
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 implement the 2008 Australia Group (AG) intersessional decisions, which were recommended at the Intersessional Implementation Meeting held at The Hague on October 8-9, 2008, and adopted under the AG intersessional silent approval procedures in December 2008. This final rule amends the EAR to reflect changes to the AG ``Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology and Software'' affecting valves and toxic gas monitoring systems. Consistent with these changes, this rule expands the EAR controls on valves to include those having contact surfaces lined with certain ceramic materials. In addition, this rule clarifies the types of dedicated detecting components that are subject to the EAR controls on toxic gas monitoring systems and expands these controls to include dedicated software for such systems.
Authorization Validated End-User (VEU): List of Approved End-Users and Respective Eligible Items for India
Document Number: E9-15649
Type: Rule
Date: 2009-07-02
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to include the initial list of end-users for India approved to receive exports, reexports and transfers of certain items under Authorization Validated End-User (VEU). Specifically, this rule amends the EAR to authorize one VEU in India and identify the respective eligible items for export and reexport to that VEU's facilities.
Action Affecting Export Privileges; TAK Components, Inc.
Document Number: E9-14315
Type: Notice
Date: 2009-06-18
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Proposed Information Collection; Comment Request; Reports of Sample Shipments of Chemical Weapon Precursors
Document Number: E9-13702
Type: Notice
Date: 2009-06-11
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
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.
Action Affecting Export Privileges; Ghassan Tabbaa
Document Number: E9-13689
Type: Notice
Date: 2009-06-11
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Proposed Information Collection; Comment Request; Unprocessed Western Red Cedar
Document Number: E9-10817
Type: Notice
Date: 2009-05-11
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
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.