Exports to Argentina: Establishment of Import Certificate/ Delivery Verification (IC/DV) Procedure, Shorter Processing Time Frames and General License GCG

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 770, 771, and 775

[Docket No. 940533-4133]

RIN 0694-AA79

Exports to Argentina: Establishment of Import Certificate/

Delivery Verification (IC/DV) Procedure, Shorter Processing Time Frames

and General License GCG

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

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SUMMARY: As part of the Department of Commerce initiative to streamline

export licensing requirements for exports to countries that are

demonstrating increased ability to safeguard reexports of U.S.-origin

strategic goods and technology, the Bureau of Export Administration

(BXA) is extending to Argentina export licensing benefits available

under the provisions of section 5(k) of the Export Administration Act

of 1979, as amended (EAA).

This action will lessen the administrative burden on U.S. exporters

and their foreign customers.

Specifically, BXA is:

Providing shorter processing times for license

applications for Argentina; and

Amending General License GCG to authorize certain

shipments of U.S.-origin commodities to Argentina;

This rule also amends the Export Administration Regulations (EAR)

to include new requirements based on the implementation of Import

Certificate/Delivery Verification (IC/DV) procedures for Argentina.

DATES: Effective Date: This rule is effective June 15, 1994.

Grace Period: In lieu of the 45 day grace period provided in 15 CFR

775.10(c)(2), a 90 day grace period will apply to the requirement to

obtain the Argentine Import Certificate to support an export license

application. During the grace period, applications will be accepted

whether or not supported by an Argentine Import Certificate.

FOR FURTHER INFORMATION CONTACT: David Schlechty, Office of Technology

and Policy Analysis, Bureau of Export Administration, U.S. Department

of Commerce, Telephone: (202) 482-4253.

SUPPLEMENTARY INFORMATION: The Bureau of Export Administration (BXA)

requires a foreign importer to file an International Import Certificate

(IC) in support of individual validated license applications to export

certain commodities controlled for national security reasons to

specified destinations. The commodities are identified by the code

letter ``A'' following the Export Control Classification Number on the

Commerce Control List, which identifies those items subject to

Department of Commerce export controls. An IC is an undertaking by the

government of the country of ultimate destination to exercise legal

control over the disposition of those commodities covered by an IC.

BXA also requires a Delivery Verification Certificate (DV) on a

selective basis, as described in 15 CFR 775.3(i). A DV is issued by the

government of the country of ultimate destination after the exported

commodities have either entered the export jurisdiction of that country

or are otherwise accounted for by the importer.

New documentation practices adopted by Argentina warrant the

inclusion of that country in the IC/DV procedure. This rule amends the

EAR by adding Argentina to the list of countries that issue Import

Certificates and by adding the name and address of the Argentina

authorities to the list of foreign offices that administer the IC/DV

systems.

Rulemaking Requirements

1. This final rule has been determined to be not significant for

purposes of Executive Order 12866.

2. This rule involves collections of information subject to the

Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). These

collections have been approved by the Office of Management and Budget

(OMB) under control numbers 0694-0001, 0694-0005, 0694-0007, 0694-0010,

and 0694-0016. Licensing requirements under OMB control numbers 0694-

0005, 0694-0007, and 0694-0010 will be reduced as a result of this

rule, while there will be a small increase under 0694-0001 and 0694-

0016, thereby reducing overall the paperwork burden on the public.

The Import Certificate requirements set forth in Sec. 775.3

supersede the exclusion for Argentina, as a member of Country Group T,

from the requirement for supporting documents for export license

applications. The Import Certificate issued by the Government of

Argentina does not constitute a collection of information under the

Paperwork Reduction Act of 1980.

3. This rule does not contain policies with Federalism implications

sufficient to warrant preparation of a Federalism assessment under

Executive Order 12612.

4. Because a notice of proposed rulemaking and an opportunity for

public comment are not required to be given for this rule by section

553 of the Administrative Procedure Act (5 U.S.C. 553) or by any other

law, under sections 603(a) and 604(a) of the Regulatory Flexibility Act

(5 U.S.C. 603(a) and 604(a)) no initial or final Regulatory Flexibility

Analysis has to be or will be prepared.

5. The provisions of the Administrative Procedure Act, 5 U.S.C.

553, requiring notice of proposed rulemaking, the opportunity for

public participation, and a delay in effective date, are inapplicable

because this regulation involves a foreign and military affairs

function of the United States. This rule does not impose a new control.

No other law requires that a notice of proposed rulemaking and an

opportunity for public comment be given for this rule.

Accordingly, it is issued in final form. However, comments from the

public are always welcome. Comments should be submitted to Patricia

Muldonian, Office of Technology and Policy Analysis, Bureau of Export

Administration, Department of Commerce, P.O. Box 273, Washington, DC

20044.

List of Subjects

15 CFR Part 770

Administrative practice and procedure, Exports.

15 CFR Parts 771 and 775

Exports, Reporting and recordkeeping requirements.

Accordingly, Parts 770, 771, and 775 of the Export Administration

Regulations are amended as follows:

1. The authority citation for 15 CFR parts 770, 771, and 775

continues to read as follows:

Authority: Pub. L. 90-351, 82 Stat. 197 (18 U.S.C. 2510 et

seq.), as amended; sec. 101, Pub. L. 93-153, 87 Stat. 576 (30 U.S.C.

185), as amended; sec. 103, Pub. L. 94-163, 89 Stat. 877 (42 U.S.C.

6212), as amended; secs. 201 and 201(11)(e), Pub. L. 94-258, 90

Stat. 309 (10 U.S.C. 7420 and 7430(e)), as amended; Pub. L. 95-223,

91 Stat. 1626 (50 U.S.C. 1701 et seq.); Pub. L. 95-242, 92 Stat. 120

(22 U.S.C. 3201 et seq. and 42 U.S.C. 2139a); sec. 208, Pub. L. 95-

372, 92 Stat. 668 (43 U.S.C. 1354); Pub. L. 96-72, 93 Stat. 503 (50

U.S.C. app. 2401 et seq.), as amended (extended by Pub. L. 103-10,

107 Stat. 40); sec. 125, Pub. L. 99-64, 99 Stat. 156 (46 U.S.C.

466c); E.O. 11912 of April 13, 1976 (41 FR 15825, April 15, 1976);

E.O. 12002 of July 7, 1977 (42 FR 35623, July 7, 1977), as amended;

E.O. 12058 of May 11, 1978 (43 FR 20947, May 16, 1978); E.O. 12214

of May 2, 1980 (45 FR 29783, May 6, 1980); E.O. 12735 of November

16, 1990 (55 FR 48587, November 20, 1990), as continued by Notice of

November 12, 1993 (58 FR 60361, November 15, 1993); E.O. 12867 of

September 30, 1993 (58 FR 51747, October 4, 1993); and E.O. 12868 of

September 30, 1993 (58 FR 51749, October 4, 1993).

PART 770--[AMENDED]

Sec. 770.14 [Amended]

2. Section 770.14 is amended by adding the word ``Argentina,''

immediately before ``Austria,'' in the introductory text of paragraph

(a) and in paragraph (a)(3)(ii).

PART 771--[AMENDED]

Sec. 771.14 [Amended]

3. In Sec. 771.14, paragraph (b) is amended by adding the word

``Argentina,'' immediately before the word ``Austria,''.

PART 775--[AMENDED]

4. In Sec. 775.1, paragraph (a) is amended by revising the fifth

sentence to read as follows:

Sec. 775.1 Introduction.

(a) * * * Supporting documents are not required for Country Group

T, unless specifically required by this part or if the Office of Export

Licensing specifically requests a supporting document.

* * * * *

5. The table in Sec. 775.1 is amended by adding ``Argentina,''

immediately before ``Australia,'' in the column titled ``and the

country of destination is:''.

6. The list of countries in Sec. 775.3(b) is amended by adding

``Argentina'' immediately before ``Australia''.

7. Supplement No. 1 to part 775 is amended by adding a new entry

for ``Argentina'' in alphabetical order to read as follows:

Supplement No. 1.--Authorities Administering Import Certificate/Delivery Verification System in Foreign

Countries\1\

[See footnotes at end of table]

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System

Country IC/DV authorities administered\2\

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Argentina............................ Secretaria Ejecutiva de la Comision Nacional de Control IC/DV

de Exportaciones, Sensitivas y Material Belico,

Balcarce 362--ler. piso--Capital Federal--CP 1064,

Buenos Aires, Tel. 334-0738, Fax 331-1618.

* * * * * * *

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\1\Facsimiles of Import Certificates and Delivery Verifications issued by each of these countries may be

inspected at the Bureau of Export Administration Western Regional Office, 3300 Irvine Avenue, Suite 345,

Newport Beach, California 92660-3198 or at any U.S. Department of Commerce District Office (see listing in

Commerce Office Addresses section of these regulations) or at the Office of Export Licensing, Room 1099D, U.S.

Department of Commerce, 14th Street and Pennsylvania Avenue, NW., Washington, DC 20230.

\2\IC--Import Certificate and/or DV--Delivery Verification.

Dated: June 9, 1994.

Sue E. Eckert,

Assistant Secretary for Export Administration.

[FR Doc. 94-14482 Filed 6-14-94; 8:45 am]

BILLING CODE 3510-DT-P