Industry and Security Bureau – Federal Register Recent Federal Regulation Documents

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Authorization Validated End-User: Addition of India as an Eligible Destination
Document Number: E7-19359
Type: Rule
Date: 2007-10-02
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 add India as an eligible destination for exports, reexports and transfers under Authorization Validated End-User (VEU). BIS established Authorization VEU in a final rule published in the Federal Register.
Materials Processing Equipment Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 07-4777
Type: Notice
Date: 2007-09-28
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Materials Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 07-4776
Type: Notice
Date: 2007-09-28
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Implementation of the Understandings Reached at the June 2007 Australia Group (AG) Plenary Meeting; Addition to the List of States Parties to the Chemical Weapons Convention (CWC)
Document Number: E7-18018
Type: Rule
Date: 2007-09-12
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 implement the understandings reached at the June 2007 plenary meeting of the Australia Group (AG). This final rule amends the EAR to reflect changes to the AG ``Control List of Biological Agents'' that the countries participating in the AG adopted at the plenary meeting. Specifically, this rule revises the Commerce Control List (CCL) entry that controls animal pathogens on the AG ``Control List of Biological Agents'' by revising the listing for mycoplasma mycoides to include only the specific subspecies and strains of mycoplasma mycoides that are of most concern as the causative agents of disease in animals, i.e., Mycoplasma mycoides subspecies mycoides SC (small colony) and Mycoplasma capricolum subspecies capripneumoniae (``strain F38''). In addition, this rule makes conforming changes to the CCL entry that controls certain select agents not included on any of the AG Common Control Lists. This rule also amends the EAR to reflect the admission of Croatia to the Australia Group and updates the definition of ``Australia Group'' in the EAR by adding Croatia to the list of participating countries. In addition to the AG plenary meeting changes described above, this rule amends the EAR by revising the CCL entry that controls certain equipment capable of being used in handling biological materials. This rule revises a Technical Note in the CCL entry by updating the edition of the World Health Organization (WHO) ``Laboratory Biosafety Manual'' referenced therein to to identify the current edition of the manual. This WHO manual contains safety requirements for P3 or P4 (BL3, BL4, L3, L4) complete containment facilities. Finally, this rule amends the list of countries that currently are States Parties to the Chemical Weapons Convention (CWC) by adding ``Barbados,'' which recently became a State Party. As a result of this change, the CW (Chemical Weapons) license requirements and policies in the EAR that apply to Barbados now conform with those applicable to other CWC States Parties. This rule also clarifies the scope of the entry for ``China'' on the list of CWC States Parties by revising the footnote to this entry to indicate that, for CWC purposes only, China includes ``Macau,'' as well as ``Hong Kong.''
Request for Public Comments on a Systematic Review of the Commerce Control List
Document Number: E7-17639
Type: Notice
Date: 2007-09-06
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This notice extends the comment period on a July 17, 2007 notice of inquiry in which the Bureau of Industry and Security (BIS) solicited comments from the public regarding the Commerce Control List (CCL) in the Export Administration Regulations (EAR). This extension of time would allow the public additional time to comment on the notice of inquiry.
Updated Statements of Legal Authority for the Export Administration Regulations
Document Number: E7-17532
Type: Rule
Date: 2007-09-05
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 15, 2007 Continuation of Emergency Regarding Export Control Regulations.
Effects of Foreign Policy-Based Export Controls
Document Number: E7-17525
Type: Proposed Rule
Date: 2007-09-05
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.
Transportation and Related Equipment Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 07-4281
Type: Notice
Date: 2007-08-31
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Action Affecting Export Privileges; Norman Spector; In the Matter of: Norman Spector, 27 Bethpage Drive, Monroe Township, NJ 08831, Respondent
Document Number: 07-4228
Type: Notice
Date: 2007-08-29
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Proposed Information Collection; Comment Request; Technical Data Letter of Explanation
Document Number: E7-16973
Type: Notice
Date: 2007-08-28
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.
Deemed Export Advisory Committee; Notice of Partially Closed Meeting
Document Number: 07-4185
Type: Notice
Date: 2007-08-27
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Action Affecting Export Privileges; Mr. Qing Chang Jiang; In the Matter of:
Document Number: 07-4035
Type: Notice
Date: 2007-08-17
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Deemed Export Advisory Committee; Notice To Solicit Meeting Speakers and Presentations
Document Number: 07-4011
Type: Notice
Date: 2007-08-16
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Regulations and Procedures Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 07-3975
Type: Notice
Date: 2007-08-15
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Action Affecting Export Privileges; Maurice Subilia; Correction
Document Number: 07-3888
Type: Notice
Date: 2007-08-09
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Action Affecting Export Privileges; Walter L. Lachman; Correction
Document Number: 07-3887
Type: Notice
Date: 2007-08-09
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Proposed Information Collection; Comment Request; Technical Data Letter of Explanation
Document Number: E7-15398
Type: Notice
Date: 2007-08-08
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, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Technical Corrections to the Export Administration Regulations
Document Number: E7-15099
Type: Rule
Date: 2007-08-06
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule amends the Export Administration Regulations (EAR) by making the following changes: Correcting citations in several sections of the EAR, removing an endnote to the Entity List, reinserting the grace period provision for support documents, clarifying when an Automated Export System or Shipper's Export Declaration record must be filed, adding omitted information to certain Export Control Classification Numbers (ECCNs), removing references to the International Munitions List, and removing or editing references to ECCNs that have either changed or do not exist.
National Defense Stockpile Market Impact Committee Request for Public Comments on the Potential Market Impact of Increasing the Proposed Fiscal Year 2008 Disposal Level for Beryllium Metal
Document Number: E7-14559
Type: Notice
Date: 2007-07-27
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 2008 Annual Materials Plan disposal level for beryllium metal.
Technical Advisory Committees; Notice of Recruitment of Private Sector Members
Document Number: 07-3544
Type: Notice
Date: 2007-07-20
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Six 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 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. 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 4 times per year. Members of the Committees will not be compensated for their services. The six 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). To respond to this recruitment notice, please send a copy of your resume to Ms. Yvette Springer at Yspringer@bis.doc.gov. Deadline: This Notice of Recruitment will be open for one year from its date of publication in the Federal Register.
Request for Public Comments on a Systematic Review of the Commerce Control List
Document Number: E7-13843
Type: Notice
Date: 2007-07-17
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Bureau of Industry and Security (BIS) is soliciting comments from the public regarding the Commerce Control List (CCL) in the Export Administration Regulations (EAR). BIS has already requested that its Technical Advisory Committees (TACs) review the CCL and recommend potential changes to BIS. BIS believes that it would also be beneficial to allow interested members of the public to submit comments regarding the CCL.
Antiboycott Penalty Guidelines
Document Number: E7-13717
Type: Rule
Date: 2007-07-17
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule sets 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 rule also sets 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 antiboycott cases.
Export Licensing Jurisdiction for Microelectronic Circuits
Document Number: E7-13364
Type: Rule
Date: 2007-07-17
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule provides clarifying guidance for distinguishing the export and reexport licensing jurisdiction of the U.S. Department of State from that of the U.S. Department of Commerce concerning microelectronic circuits. In this same issue of the Federal Register, the U.S. Department of State is amending the International Traffic in Arms Regulations (ITAR) with respect to radiation-hardened microelectronic circuits in Category XV(d) of the United States Munitions List (USML). The Bureau of Industry and Security (BIS) is publishing this rule to assist readers of the Export Administration Regulations (EAR) in evaluating agency licensing jurisdiction over microelectronic circuits while taking into account the new standard in Category XV(d) of the USML.
Deemed Export Advisory Committee; Notice of Partially Closed Meeting
Document Number: 07-3452
Type: Notice
Date: 2007-07-16
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Addition of Entities to the Entity List
Document Number: E7-13551
Type: Rule
Date: 2007-07-12
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 add five (5) entities located in Iran to the Entity List. The Entity List is a compilation of end-users that present an unacceptable risk of using or diverting certain items to activities related to weapons of mass destruction. BIS requires a license for most exports or reexports to these entities and maintains the Entity List to inform the public of these license requirements.
Deemed Export Advisory Committee; Notice to Solicit Meeting Speakers and Presentations
Document Number: 07-3347
Type: Notice
Date: 2007-07-11
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: 07-3324
Type: Notice
Date: 2007-07-10
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Information Systems Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 07-3301
Type: Notice
Date: 2007-07-06
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Revision to the Unverified List-Guidance as to “Red Flags”
Document Number: E7-12894
Type: Notice
Date: 2007-07-05
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
On June 14, 2002, the Bureau of Industry and Security (``BIS'') published a notice in the Federal Register that set forth a list of persons in foreign countries who were parties to past export transactions where pre-license checks or post-shipment verifications could not be conducted for reasons outside the control of the U.S. Government (``Unverified List''). Additionally, on July 16, 2004, BIS published a notice in the Federal Register that advised exporters that the Unverified List would also include persons in foreign countries who are parties to transactions where BIS is not able to verify the existence or authenticity of the end-user, intermediate consignee, ultimate consignee, or other party to the transaction and persons affiliated with a person on the Unverified List by virtue of ownership, control, position of responsibility, or other affiliation or connection in the conduct of trade or business. These notices advised exporters that the involvement of a listed person as a party to a proposed transaction constitutes a ``red flag'' as described in the guidance set forth in Supplement No. 3 to 15 CFR part 732, requiring heightened scrutiny by the exporter before proceeding with such a transaction. This notice adds three entities to the Unverified List. The entities are: Al Minzal Medical Equipment & Instruments, P.O. Box 31107, Sharjah, United Arab Emirates; JSC Chop Vityaz-S, 146 Unikh Pionerov Ave, Samara, Russia; Sistem Dizayners Co., APA: 2 NO.: 60, Merdanov Gardashlari St., Baku, Azerbaijan.
Materials Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 07-3115
Type: Notice
Date: 2007-06-26
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Revisions and Clarification of Export and Reexport Controls for the People's Republic of China (PRC); New Authorization Validated End-User; Revision of Import Certificate and PRC End-User Statement Requirements
Document Number: E7-11588
Type: Rule
Date: 2007-06-19
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 revise and clarify U.S. licensing requirements and licensing policy on exports and reexports of items to the People's Republic of China (PRC). BIS published a revised policy and related amendments in proposed form in the Federal Register with a request for comments. This final rule establishes a control, based on knowledge of a ``military end-use,'' on exports and reexports to the PRC of certain items on the Commerce Control List (CCL) that otherwise do not require a license to the PRC. It also includes a revision to the license application review policy for items destined for the PRC that are controlled on the CCL for reasons of national security, and revises the license review policy for items controlled for reasons of chemical and biological weapons proliferation, nuclear nonproliferation, and missile technology for export to the PRC, requiring that applications involving such items be reviewed in conjunction with the revised national security licensing policy. This rule also creates a new authorization for ``validated end-users'' to which specified items may be exported or reexported without a license. Validated end-users will be placed on a list in the EAR after review and approval by the United States Government. The process for such review is also set forth in this final rule. This rule also revises the circumstances in which End-User Statements, issued by the PRC Ministry of Commerce (MOFCOM), must be obtained, requiring them for transactions that both require a license to the PRC for any reason and (for most exports) exceed a total value of $50,000. This final rule also includes other minor corrections and conforming amendments.
Proposed Information Collection; Comment Request; Approval of Triangular Transactions Involving Commodities Covered by a U.S. Import Certificate
Document Number: E7-11373
Type: Notice
Date: 2007-06-13
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, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Proposed Information Collection; Comment Request; Five-Year Record Retention Period
Document Number: E7-11372
Type: Notice
Date: 2007-06-13
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, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Action Affecting Export Privileges; Cirrus Electronics LLC et al.
Document Number: 07-2899
Type: Notice
Date: 2007-06-12
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Amendment to General Order No. 3: Expansion of the General Order and Addition of Certain Persons
Document Number: E7-11126
Type: Rule
Date: 2007-06-08
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Bureau of Industry and Security is revising the Export Administration Regulations (EAR) by amending a general order published in the Federal Register on June 5, 2006 and later amended on September 6, 2006 to add nine additional persons. The general order imposed a license requirement for exports and reexports of all items subject to the EAR where the transaction involved Mayrow General Trading (``Mayrow'') or entities related, as specified in that general order. The order also prohibited the use of License Exceptions for exports or reexports of any items subject to the EAR involving such entities. This rule will expand the general order and add sixteen additional persons to it. Pursuant to the expansion, the general order will cover: (i) Persons regarding whom the U.S. Government possesses information of affiliation or relationship to Mayrow; and (ii) other persons regarding whom the U.S. Government possesses information concerning the acquisition or attempted acquisition of commodities capable of being used to construct IEDs, as well as persons who are related to or affiliated with such persons. The order will apply to persons specifically listed who fit within either of these two groups. To reflect this expansion, this rule will update the heading of the general order to use the term ``persons''. In total, pursuant to this expansion, this rule will add the following sixteen persons to the general order, listed in alphabetical order: Al-Faris; Ali Akbar Yahya; Amir Mohammad Zahedi; EKT Electronics; Encyclopedia Electronics Center; Frank Lam; GBNTT; Majid Seif; Mohammed Katranji; Neda Industrial Group; Nedayeh Micron Electronics; Sayed-Ali Hosseini; Speedy Electronics Ltd.; United Sources Industrial Enterprises; Vast Solution Sdn Bhd.; and Y-Sing Components Limited.
Additional Corrections to the Rule That Implemented the New Formula for Calculating Computer Performance: Adjusted Peak Performance (APP) in Weighted TeraFLOPS
Document Number: E7-11016
Type: Rule
Date: 2007-06-07
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule makes changes to regulations implementing the new formula for calculating computer Adjusted Peak Performance in Weighted TeraFLOPS. This rule corrects the availability of the license exception for technology and software under restriction for specified ``software'' and ``technology'' for computers. These additional changes are intended to correct the scope of the license exception in certain Export Control Classification Numbers that were unintentionally narrowed by the rule published on March 22, 2007. In addition, this rule corrects a reference to a nonexistent Export Control Classification Number found in specified ``technology'' for computers.
Authorization To Impose License Requirements for Exports or Reexports to Entities Acting Contrary to the National Security or Foreign Policy Interests of the United States
Document Number: E7-10788
Type: Proposed Rule
Date: 2007-06-05
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Entity List (Supplement No. 4 to part 744 of the Export Administration Regulations) 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. This proposed rule would expand the scope of reasons for which BIS may add parties to the Entity List. This proposed rule would also amend the Export Administration Regulations (EAR) to state explicitly that a party listed on the Entity List has a right to request that its listing be removed or modified and would set procedures for addressing such requests.
Deemed Export Advisory Committee; Notice of Partially Closed Meeting
Document Number: 07-2786
Type: Notice
Date: 2007-06-05
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Voluntary Self-Disclosure of Antiboycott Violations
Document Number: E7-10328
Type: Notice
Date: 2007-05-30
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, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
In the Matter of: Winter Aircraft Products SA; a/k/a Ruf S. Lopez SA, C/Ferrocarril 41, 1 DCHA, 28045 Madrid, Spain; Respondent; Final Decision and Order
Document Number: 07-2676
Type: Notice
Date: 2007-05-30
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Regulations and Procedures Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: 07-2643
Type: Notice
Date: 2007-05-29
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Order Relating to Data Physics Corporation
Document Number: 07-2629
Type: Notice
Date: 2007-05-29
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
In the Matter of: Super Net Computers, L.L.C., No 505, Dar Al Riffa Building, Khalid Bin Al Waleed Rd., P.O. Box 43557, Dubai, United Arab Emirates
Document Number: 07-2604
Type: Notice
Date: 2007-05-25
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau