Revisions to the Export Administration Regulations

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 770, 772, 773, 774, and 776

[Docket No. 940976-4276]

RIN 0694-AB04

Revisions to the Export Administration Regulations

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Export Administration (BXA) is amending the

Export Administration Regulations (EAR), to make certain editorial

clarifications and corrections and, in some cases, insert material

inadvertently omitted from earlier regulatory amendments.

EFFECTIVE DATE: This rule is effective November 16, 1994.

FOR FURTHER INFORMATION CONTACT: Sharron Cook, Regulatory Policy

Division, Bureau of Export Administration, Telephone: (202) 482-0074.

SUPPLEMENTARY INFORMATION: Specifically, this rule makes the following

corrections and clarifications:

(1) Revises Sec. 770.11 by clarifying how applicants obtain status

information on export license applications;

(2) Revises Sec. 770.13 by amending the introductory text.

(3) Revises Sec. 772.4 by removing the phrase ``or GTE'' and

amending how to apply for a validated license.

(4) Revises Sec. 772.11 by amending the regulatory citing.

(5) Revises Supplement No. 1 to Part 772 by adding the phrase ``AND

END-USER(S)''.

(6) Revises Sec. 773.9(l) by adding ``Argentina, Hungary, Finland,

and Sweden'' to the list of countries eligible for permissive reexport

under the Special Chemical License.

(7) Revises Sec. 774.2 by adding the parenthetical phrase ``(except

supercomputers)''.

(8) Revises Sec. 776.12 by removing the requirement for submission

of Form BXA-6031P with applications for use of U.S.-origin parts and

components in foreign goods.

Although the Export Administration Act (EAA) expired on August 20,

1994, the President invoked the International Emergency Economic Powers

Act and continued in effect, to the extent permitted by law, the

provisions of the EAA and the EAR in Executive Order 12924 of August

19, 1994.

Rulemaking Requirements

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

puposes 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

under control numbers 0694-0005, 0694-0010, and 0694-0013.

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 section 3(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. No other law requires that a notice of

proposed rulemaking and an opportunity for public comment be given for

this rule.

Therefore, this regulation is issued in final form. Although there

is no formal comment period, public comments on this regulation are

welcome on a continuing basis. Comments should be submitted to Sharron

Cook, Regulatory Policy Division, 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 772, 773, 774, and 776

Exports, Reporting and recordkeeping requirements.

Accordingly, Parts 770, 772, 773, 774, and 776 of the Export

Administration Regulations (15 CFR Parts 730-799) are amended as

follows:

1. The authority citations for 15 CFR Parts 770, 772, and 774 are

revised to read as follows:

Authority: 50 U.S.C. App. 5, as amended; Pub. L. 264, 59 Stat.

619 (22 U.S.C. 287c), as amended; 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; sec. 125, Pub.

L. 99-64, 99 Stat. 156 (46 U.S.C. 466c); Pub. L. 102-484, 106 Stat.

2575 (22 U.S.C. 6004); 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. 12851 of June 11, 1993 (58 FR 33181, June 15, 1993);

E.O. 12867 of September 30, 1993 (58 FR 51747, October 4, 1993); E.O

12918 of May 26, 1994 (59 FR 28205, May 31, 1994); E.O. 12924 of

August 19, 1994 (59 FR 43437 of August 23, 1994); and E.O. 12930 (59

FR 50475 of October 3, 1994).

2. The authority citation for 15 CFR Part 773 is revised to read as

follows:

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

seq.), 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); 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 and by

Pub. L. 103-277, 108 Stat. 1407)]; Pub. L. 102-484, 106 Stat. 2575

(22 U.S.C. 6004); 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. 12851 of June 11, 1993 (58 FR 33181, June 15, 1993);

E.O. 12867 of September 30, 1993 (58 FR 51747, October 4, 1993);

E.O. 12930 of September 29, 1994 (59 FR 50475, October 3, 1994);

E.O. 12924 of August 19, 1994 (59 FR 43437 of August 23, 1994); and

E.O. 12930 (59 FR 50475 of October 3, 1994).

3. The authority citation for 15 CFR part 776 is revised to read as

follows:

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

seq.), 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); Pub. L. 96-72, 93 Stat. 503 (50 U.S.C. App. 2401 et

seq.), as amended; sec. 125, Pub. L. 99-64, 99 Stat. 156 (46 U.S.C.

466c); 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 of October 4, 1993); E.O.

12924 of August 19, 1994 (59 FR 43437, August 23, 1994); E.O. 12930

(59 FR 50475 of October 3, 1994).

PART 770--[AMENDED]

4. Section 770.11 is amended by revising the fifth sentence in

paragraph (a)(2)(i)(A) and paragraph (a)(2)(i)(B) to read as follows:

Sec. 770.11 Information to exporters.

(a) * * *

(2) * * *

(i) * * *

(A) * * * The case number entered must use the number ``1'' to

represent the letter ``A'', the number ``2'' to represent the letter

``B'', the number ``3'' to represent the letter ``C'', the number ``4''

to represent the letter ``D'', the number ``8'' to represent the letter

``H'', and the asterisk symbol ``*'' to represent the hyphen ``-'' that

appears in a case number assigned to an amendment application. * * *

(B) Applicants for individual validated export licenses,

amendments, or reexport requests who do not have case numbers or who

experience difficulty in using STELA may call the Exporter Counseling

Division of the Bureau of Export Administration on (202) 482-4811 for

status information. Calls will be answered Monday through Friday from

8:30 a.m. to 5:00 p.m., Eastern Standard time. Status information on

special licenses is not available from STELA, but can be obtained from

the Special Licensing and Compliance Division, Bureau of Export

Administration, at (202) 482-0062. Requests for status information may

be made only by the applicant or applicant's agent. Callers must

identify themselves with information contained on the applicant's file

copy of the application.

* * * * *

5. Section 770.13 is amended by revising paragraph (a),

introductory text, to read as follows:

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\7\See Sec. 772.4(h) of this subchapter for procedures to

expedite processing of an export license application in an emergency

situation.

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Sec. 770.13 Procedures for processing license applications.7

(a) General. This section implements section 10 of the Export

Administration Act of 1979, as amended (the Act), which prescribes

procedures for processing export license applications, including time

limits for certain stages of the process. Section 770.14 describes

shorter processing time frames for export license applications for

COCOM participating or cooperating countries, as required by section

10(o) of the Act. As set forth in paragraph (g) of this section,

applications subject to nuclear non-proliferation controls are not

subject to all the requirements of this section. As used in this

section:

* * * * *

PART 772--[AMENDED]

7. Section 772.4 is amended:

(a) By revising paragraph (a)(1)(i); and

(b) By revising the phrase ``Humanitarian or GTE Licenses'' to read

``Humanitarian or G-TEMP Licenses'' in paragraph (i)(6), as follows:

Sec. 772.4 How to apply for a validated license.

(a) * * *

(1) * * *

(i) An application for a validated license must be submitted on

Form BXA-622P, Application for Export License. An application that

omits essential information, or that is otherwise incomplete, will be

returned without action to the applicant. (See Sec. 770.12 for

instructions on obtaining forms.)

* * * * *

Sec. 772.11 [Amended]

8. Section 772.11 is amended by revising the phrase

``Sec. 786.7(a)'' in paragraph (e)(4) to read ``Sec. 786.7''; and by

revising the phrase ``Sec. 786.7(b)'' in paragraph (e)(5) to read

``Sec. 786.7''.

Supplement No. 1 to Part 772 [Amended]

9. Supplement No. 1 to part 772 is amended by adding the phrase

``AND END-USER(S)'' directly following the phrase ``PROVIDED ACTUAL

END-USE(S)'' in Item 6.

PART 773--[AMENDED]

Sec. 773.9 [Amended]

10. Section 773.9 is amended by revising the phrase ``Australia,

Austria, Ireland, Japan, New Zealand, and Switzerland'' in the notice

at the end of paragraph (l) to read ``Argentina, Australia, Austria,

Finland, Hungary, Ireland, Japan, New Zealand, Sweden, or

Switzerland''.

PART 774--[AMENDED]

Sec. 774.2 [Amended]

11. Section 774.2 is amended by adding a parenthetical phrase

``(except supercomputers)'' directly following the phrase ``Commerce

Control List'' in paragraph (i)(5).

PART 776--[AMENDED]

12. Section 776.12 is amended by revising paragraph (e)(5) to read

as follows:

Sec. 776.12 Parts, components, and materials incorporated abroad into

foreign-made products.

* * * * *

(e) * * *

(5) Supporting documentation. The supporting documentation

otherwise required for a license application need not be submitted with

a parts and components request.

* * * * *

Dated: November 9, 1994.

Sue E. Eckert,

Assistant Secretary for Export Administration.

[FR Doc. 94-28201 Filed 11-15-94; 8:45 am]

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