Industry and Security Bureau – Federal Register Recent Federal Regulation Documents

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Reporting on Offsets Agreements in Sales of Weapon Systems or Defense-Related Items to Foreign Countries or Foreign Firms for Calendar Year 2008
Document Number: E9-3876
Type: Notice
Date: 2009-02-25
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This notice is to remind the public that U.S. firms are required to report annually to the Department of Commerce (Commerce) on contracts for the sale of defense-related items or defense-related services to foreign countries or foreign firms that are subject to offsets agreements exceeding $5,000,000 in value. U.S. firms are also required to report annually to Commerce on offsets transactions completed in performance of existing offsets commitments for which offsets credit of $250,000 or more has been claimed from the foreign representative. Such reports must be submitted to Commerce no later than June 15, 2009.
Removal and Modification of Certain Entries From the Entity List: Person Removed Based on Removal Request and Clarification of Certain Entries
Document Number: E9-3918
Type: Rule
Date: 2009-02-24
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule amends the Export Administration Regulations (EAR) by removing a 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. This rule also makes a clarification for two persons that were listed on the Entity List prior to this rule being published to revise the addresses provided for these listed persons. This rule updates the address information for these two persons by replacing incorrect information. The Entity List provides notice to the public that certain exports and reexports 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.
Request for Public Comments on the Effects of Export Controls on Decisions To Use or Not Use U.S.-Origin Parts and Components in Commercial Products and the Effects of Such Decisions
Document Number: E9-3525
Type: Notice
Date: 2009-02-19
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This notice extends the comment period for a notice of inquiry in which BIS requested comments on the effects of export controls on decisions to use or not use U.S.-origin parts and components in commercial products and the effects of such decisions.
Action Affecting Export Privileges: Theresa Huei-Min Chang
Document Number: E9-2319
Type: Notice
Date: 2009-02-05
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: E9-2266
Type: Notice
Date: 2009-02-03
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Materials Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: E9-2237
Type: Notice
Date: 2009-02-03
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Proposed Information Collection; Comment Request; Licensing Responsibilities and Enforcement
Document Number: E9-1952
Type: Notice
Date: 2009-01-30
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; Statement by Ultimate Consignee and Purchaser
Document Number: E9-1682
Type: Notice
Date: 2009-01-27
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.
Transportation and Related Equipment Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: E9-1255
Type: Notice
Date: 2009-01-23
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: E9-1253
Type: Notice
Date: 2009-01-23
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
License Requirements Policy for Iran and for Certain Weapons of Mass Destruction Proliferators
Document Number: E9-726
Type: Rule
Date: 2009-01-15
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule revises and clarifies the Export Administration Regulations (EAR) provisions that apply specifically to Iran in order to promote consistency, reduce redundancy and clarify the role of the Bureau of Industry and Security (BIS) in connection with the implementation of United States export control policy towards Iran. It establishes a new license requirement for reexports of items classified under ten Export Control Classification Numbers (ECCNs) that previously did not require a license for reexport to Iran under the EAR. This rule also imposes license requirements on parties who have been listed as proliferators of weapons of mass destruction or as supporters of such proliferators pursuant to Executive Order 13382. BIS is making these changes to provide greater clarity and consistency with respect to policies towards Iran and to harmonize BIS license requirements with Department of the Treasury license requirements regarding proliferators of weapons of mass destruction.
Information Systems Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: E9-681
Type: Notice
Date: 2009-01-14
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: E9-366
Type: Notice
Date: 2009-01-13
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Burma: Revision of Restrictions on Exports, Reexports and Transfers to Persons Whose Property and Interests in Property Are Blocked Pursuant to Executive Orders
Document Number: E9-127
Type: Rule
Date: 2009-01-08
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
In response to the Government of Burma's continued repression of the democratic opposition in Burma, and consistent with Executive Order 13047 of May 20, 1997, Executive Order 13310 of July 28, 2003, Executive Order 13448 of October 18, 2007, and the Trade Sanctions Reform and Export Enhancement Act (Title IX of Pub. L. 106-387), the Bureau of Industry and Security (BIS) previously amended the Export Administration Regulations (EAR) on October 24, 2007 to impose a license requirement for most exports, reexports, or transfers of items subject to the EAR to persons whose property and interests in property are blocked pursuant to those Executive Orders. In light of the Government of Burma's continued repression of the democratic opposition in Burma and unwillingness to respond to the calls of the Burmese people for genuine dialogue that will lead to a democratic transition in Burma, this final rule amends the EAR to extend these existing licensing requirements to persons whose property and interests in property are blocked pursuant to Executive Order 13464 of April 30, 2008.
Request for Public Comment on Foreign Produced Encryption Items That Are Made From U.S.-Origin Encryption Technology or Software
Document Number: E8-31371
Type: Proposed Rule
Date: 2009-01-06
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
To determine the appropriate extent and scope of U.S. export controls on foreign products that are the direct products of U.S.- origin encryption technology or software, BIS is seeking information on the potential impact of controlling such foreign made items for Encryption Items (``EI'') reasons under the EAR (i.e., those that are classified under ECCN 5A002 or 5D002) if the direct product of U.S.- origin ECCN 5E002 technology or ECCN 5D002 software. Specifically, BIS is requesting comments regarding the impact this control would have on both U.S. exporters of encryption technology and software and foreign manufacturers of products that are derived in whole or in part from U.S.-origin encryption technology or software.
Request for Public Comments on the Effects of Export Controls on Decisions To Use or Not Use U.S.-Origin Parts and Components in Commercial Products and the Effects of Such Decisions
Document Number: E8-31233
Type: Notice
Date: 2009-01-05
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Bureau of Industry and Security (BIS) is seeking public comment on whether U.S. export controls influence manufacturers' decisions to use or not use U.S.-origin parts and components in commercial products and the effects of such decisions. BIS is interested in obtaining specific information about whether such a practice occurs, and if so, its economic effects in order to assess the effectiveness of export controls as well as the impact of export controls on the U.S. economy.
Proposed Information Collection; Comment Request; Firearms Convention
Document Number: E8-30708
Type: Notice
Date: 2008-12-29
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.
Export Administration Regulations: Authority Citations Updates and Technical Corrections
Document Number: E8-29604
Type: Rule
Date: 2008-12-15
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule revises the authority citation paragraphs for 14 parts of the Export Administration Regulations to include citations to the most recent presidential notices that extend authority for those parts or to remove an outdated citation or both. This rule also updates addresses, telephone numbers, procedures and a definition, removes some potentially confusing language, makes a necessary conforming change to one Export Control Classification Number (ECCN) and restores some language that was dropped during a Code of Federal Regulations compilation. BIS is making these changes to clarify the regulations and to provide accurate authority citations for the Code of Federal Regulations edition that is to be compiled as of January 1, 2009.
Conforming Changes to Certain End-User/End-Use Based Controls in the EAR; Clarification of the Term “Transfer” and Related Terms as Used in the EAR; Correction
Document Number: E8-29012
Type: Rule
Date: 2008-12-08
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 Tuesday, November 18, 2008 (73 FR 68321) that amended the Export Administration Regulations (EAR) to, among other things, clarify that the terms ``transferred'' and ``transfer'', in the context of two sections of the EAR, meant ``assigned to'' and ``assignment'', respectively. That final rule contained one inadvertent error in the amendatory instruction used for revising one of those two sections. This error in the amendatory instruction led to one sentence of the revised regulatory text to not be revised as was intended in the regulatory text of that final rule. This document corrects that amendatory instruction error by revising that one sentence from that section.
Addition of Certain Persons to the Entity List: Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States
Document Number: E8-28872
Type: Rule
Date: 2008-12-05
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule amends the Export Administration Regulations (EAR) by adding additional persons to the Entity List (Supplement No. 4 to Part 744) on the basis of Section 744.11 of the EAR. This rule is the second rule to add persons to the Entity List on the basis of Section 744.11 of the EAR. These additional persons being 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. The first rule that added persons to the Entity List on the basis of Section 744.11 of the EAR was published on September 22, 2008 (73 FR 54499). The Entity List provides notice to the public that certain exports and reexports 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.
Clarification of Export Control Jurisdiction for Civil Aircraft Equipment Under the Export Administration Regulations
Document Number: E8-28654
Type: Rule
Date: 2008-12-03
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This final rule amends the Export Administration Regulations (EAR) to clarify how Section 17(c) of the Export Administration Act of 1979 (EAA) is implemented in the EAR in accordance with the Department of Commerce's authority under the EAA. On August 14, 2008, the Department of State published a final rule amending Part 121 of the International Traffic in Arms Regulations (ITAR) to clarify how Section 17(c) of the EAA is implemented in relation to the ITAR (73 FR 47523). This final rule provides guidance to assist the regulated public in determining what civil aircraft equipment (including parts, accessories, attachments, and components) is subject to the EAR based upon the statutory criteria of the EAA.
Regulations and Procedures Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: E8-28060
Type: Notice
Date: 2008-11-26
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: E8-28059
Type: Notice
Date: 2008-11-26
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Request for Public Comments on the Prospect of Removing 7A Commodities From De Minimis Eligibility
Document Number: E8-27588
Type: Notice
Date: 2008-11-20
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Bureau of Industry and Security (BIS) is seeking public comment on the prospect of removing from de minimis eligibility commodities controlled for missile technology (MT) reasons under Category 7Product Group A on the Commerce Control List except when the 7A commodities are incorporated as standard equipment in Federal Aviation Administration (FAA) (or national equivalent) certified civilian transport aircraft. If such a policy were implemented, foreign made items that incorporate U.S.-origin 7A commodities would be subject to the Export Administration Regulations, except when the 7A commodities are incorporated as standard equipment in FAA (or national equivalent) certified civilian transport aircraft. Specifically, BIS is seeking public input on the impact such a change would have on U.S. manufacturers of category 7A commodities, as well as the impact such a change would have on foreign manufacturers that incorporate U.S.-origin 7A commodities into their foreign-made products.
Materials Technical Advisory Committee; Notice of Partially Closed Meeting; Date Correction
Document Number: E8-26622
Type: Notice
Date: 2008-11-07
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Proposed Information Collection; Comment Request; Miscellaneous Short-Supply Activities
Document Number: E8-26446
Type: Notice
Date: 2008-11-06
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.
Materials Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: E8-26062
Type: Notice
Date: 2008-10-31
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Additional Protocol Regulations
Document Number: E8-25559
Type: Rule
Date: 2008-10-31
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This final rule implements the provisions of the Protocol Additional to the Agreement Between the United States of America and the International Atomic Energy Agency (IAEA) for the Application of Safeguards in the United States of America (the ``Additional Protocol''). The Additional Protocol is an agreement between the United States and the IAEA to allow monitoring and reporting of certain civil nuclear fuel cycle-related activities. The Department of Commerce's Bureau of Industry and Security (BIS) is establishing these Additional Protocol Regulations (APR) to implement the provisions of the Additional Protocol affecting U.S. industry and other U.S. persons engaged in certain civil nuclear fuel cycle-related activities, which are not regulated by the U.S. Nuclear Regulatory Commission (NRC) or its domestic Agreement States, and are not located on certain U.S. government locations. The APR describe the requirement to report such activities to BIS, the scope and conduct of IAEA complementary access to locations at which such civil nuclear fuel cycle-related activities take place, and the role of BIS in implementing the Additional Protocol in the United States. The impact of the APR on U.S. industry and other U.S. persons involves the submission of initial reports, annual update reports, and other reporting requirements, as well as on-site activities in conjunction with complementary access. Other U.S. Government agencies issuing regulations to implement other provisions of the Additional Protocol include the Nuclear Regulatory Commission, the Department of Energy, and the Department of Defense. On July 25, 2008, BIS published a proposed rule that requested comments on the proposed establishment of the APR. BIS received comments from one respondent and has reviewed these comments and considered them in its preparation of this final rule.
Effectiveness of Licensing Procedures for Agricultural Commodities to Cuba
Document Number: E8-25834
Type: Notice
Date: 2008-10-29
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Bureau of Industry and Security (BIS) is requesting public comments on the effectiveness of its licensing procedures as defined in the Export Administration Regulations for the export of agricultural commodities to Cuba. BIS will include a description of these comments in its biennial report to the Congress, as required by the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.), as amended.
Proposed Information Collection; Comment Request; Requests to Appointment of a Technical Advisory Committee
Document Number: E8-25703
Type: Notice
Date: 2008-10-29
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.
Impact of Implementation of the Chemical Weapons Convention on Commercial Activities Involving “Schedule 1” Chemicals Through Calendar Year 2008
Document Number: E8-25561
Type: Notice
Date: 2008-10-27
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 2008. 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.
In the Matter of: NEAZ Trading Corporation 612 Business Centre, Mumtaz Hasan Road, Off I.I. Chundrigar Road, Karachi, Pakistan, Respondent
Document Number: E8-25353
Type: Notice
Date: 2008-10-27
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
In the Matter of: Yasmin Ahmed, 612 Business Centre, Mumtaz Hasan Road, Off I.I. Chundrigar Road, Karachi, Pakistan, Respondent
Document Number: E8-25351
Type: Notice
Date: 2008-10-27
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: E8-25448
Type: Notice
Date: 2008-10-24
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Proposed Information Collection; Comment Request; Investigations Under Section 232 of the Trade Expansion Act
Document Number: E8-25297
Type: Notice
Date: 2008-10-23
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.
Meeting With Interested Public on the Proposed Rule: Export Administration Regulations: Establishment of License Exception Intra-Company Transfer (ICT)
Document Number: E8-25180
Type: Notice
Date: 2008-10-22
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Bureau of Industry and Security (BIS) will hold a public meeting on October 27, 2008 for those companies, organizations, and individuals that have an interest in learning about the new license exception entitled ``Intra-Company Transfer (ICT)'' that would be established under the Export Administration Regulations (EAR) as presented in the proposed rule published in the Federal Register on October 3, 2008. U.S. Government officials will explain the amendments to the EAR proposed in the rule and answer questions from the public.
Information Systems; Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: E8-25179
Type: Notice
Date: 2008-10-22
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Announcement of Performance Review Board Members
Document Number: E8-24831
Type: Notice
Date: 2008-10-20
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
5 CFR 430.310 requires agencies to publish notice of Performance Review Board appointees in the Federal Register before their service begins. This notice announces the names of new and existing members of the Bureau of Industry and Security's Performance Review Board.
Proposed Information Collection; Comment Request; Offsets in Military Exports
Document Number: E8-24229
Type: Notice
Date: 2008-10-14
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.
Wassenaar Arrangement Plenary Agreements Implementation: December 2007 Categories 1, 2, 3, 5 Parts I and II, 6, 7, and 9 of the Commerce Control List, Definitions; December 2006 Solar Cells
Document Number: E8-23278
Type: Rule
Date: 2008-10-14
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Bureau of Industry and Security (BIS) maintains the Commerce Control List (CCL), which identifies items subject to Department of Commerce export controls. This final rule revises the Export Administration Regulations (EAR) to implement changes made to the Wassenaar Arrangement's List of Dual Use Goods and Technologies (Wassenaar List) maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies (Wassenaar Arrangement, or WA). The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability. To harmonize with the changes to the Wassenaar List, this rule revises the EAR by amending certain entries that are controlled for national security reasons in Categories 1, 2, 3, 5 Part I (telecommunications), 5 Part II (information security), 6, 7, and 9; adding new entries to the Commerce Control List (CCL), and amending EAR Definitions, as well as adding definitions. The purpose of this final rule is to revise the CCL and definitions of terms used in the EAR to implement Wassenaar List revisions that were agreed upon in the December 2007 Wassenaar Arrangement Plenary Meeting and the Wassenaar List provisions regarding solar cells agreed upon in the December 2006 plenary meeting. This rule also adds or expands unilateral U.S. export controls and national security export controls on certain items to make them consistent with the amendments made to implement the Wassenaar Arrangement's decisions.
Action Affecting Export Privileges; Philip Cheng
Document Number: E8-23795
Type: Notice
Date: 2008-10-09
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Galaxy Aviation Trade Co. Ltd., et al.; Final Decision and Order
Document Number: E8-23726
Type: Notice
Date: 2008-10-09
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Revisions to the Export Administration Regulations Based Upon a Systematic Review of the CCL
Document Number: E8-23289
Type: Rule
Date: 2008-10-06
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule amends the Export Administration Regulations (EAR) to make revisions to the EAR as a result of a systematic review of the Commerce Control List (CCL) that was conducted by the Bureau of Industry and Security (BIS). This rule is the second phase of the regulatory implementation of the results of a review of the CCL that was conducted by BIS starting in 2007. The BIS CCL review benefited from input received from BIS's Technical Advisory Committees (TACs) and comments that were received from the interested public in response to the publication of a BIS notice of inquiry on July 17, 2007. The revisions in this rule include clarifications to existing controls, eliminating redundant or outdated controls, establishing more focused and rationalized controls, and adding additional controls for clarity or for consistency with international regimes.