Exports to Vietnam; Country Group Y; Rule DEPARTMENT OF COMMERCE

SUMMARY: On February 3, 1994, President Clinton stated that he was

lifting the trade embargo against Vietnam because he determined that

this step offers the best way to resolve the fate of our prisoners of

war and missing in action. Accordingly, the Bureau of Export

Administration (BXA) is amending the Export Administration Regulations

(EAR) by removing Vietnam from the Country Group Z list of embargoed

countries, placing Vietnam in Country Group Y, and revising certain

licensing policies and procedures for Vietnam. Since Vietnam is a COCOM

proscribed destination, it will share the same licensing policy with

most other Group Y countries.

This rule also removes General License G-NGO, which authorized

exports of donated humanitarian shipments to Vietnam by non-government

organizations, and removes General License GVN, which authorized

shipments to Vietnam in support of activities licensed by Treasury's

Office of Foreign Assets Control.

EFFECTIVE DATE: This rule is effective 5:05 PM EST, February 3, 1994.

FOR FURTHER INFORMATION CONTACT: David Schlechty, Country Policy

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

Administration, Telephone: (202) 482-4252.

SUPPLEMENTARY INFORMATION:

Rulemaking Requirements

1. This rule was not subject to review by the Office of Management

and Budget under 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 and 0694-0010.

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 Patricia

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

Administration, Department of Commerce, 14th Street and Pennsylvania

Ave., NW., room 4054, Washington, DC 20230.

List of Subjects

15 CFR Part 770

Administrative practice and procedure, Exports.

15 CFR Part 771

Exports, Reporting and recordkeeping requirements.

15 CFR Part 785

Communist countries, Exports.

Accordingly, parts 770, 771, and 785 of the Export Administration

Regulations (15 CFR parts 730-799) are amended as follows:

1. The authority citation for parts 770 and 771 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 11, 1992 (57 FR 53979, November 13, 1992); and E.O. 12868

of September 30, 1993 (58 FR 51747, October 4, 1993).

2. The authority citation for Part 785 continues 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); 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

11, 1992 (57 FR 53979, November 13, 1992); and E.O. 12868 of

September 30, 1993 (58 FR 51747, October 4, 1993).

PART 770--[AMENDED]

3. Supplement No. 1 to Part 770 is amended, under the heading

``Country Group Y'', by adding the term ``Vietnam'' in alphabetical

order and by removing the term ``Vietnam'' under the heading ``Country

Group Z''.

PART 771--[AMENDED]

Sec. 771.27 [Removed]

4. Section 771.27 is removed.

Sec. 771.28 [Removed]

5. Section 771.28 is removed.

PART 785--[AMENDED]

6. In Sec. 785.1, the section heading and paragraph (a) are amended

to read as follows:

Sec. 785.1 Country Group Z1: Cuba and North Korea.

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\1\ See Supplement No. 1 to part 770 of this subchapter for a

listing of Country Groups.

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(a) As authorized by section 6 of the Export Administration Act of

1979, as amended (EAA) and by the Trading With the Enemy Act of 1917 as

amended by Public Law 95-223, a validated license is required for

foreign policy purposes for the export and reexport of virtually all

U.S.-origin commodities and technical data to destinations in Country

Group Z. Certain exceptions are contained in parts 771 and 779 of this

subchapter, and in ECCN 0A98 on the Commerce Control List (Supplement

No. 1 to Sec. 799.1 of this subchapter). Except as noted below, the

general policy is to deny all applications or requests to export or

reexport U.S.-origin commodities and technical data to these

destinations. Exports of donations to meet basic human needs may be

authorized under a Humanitarian License, as described in Sec. 773.5 of

this subchapter. Such exports may also be authorized for single

transactions under an individual validated license. Exports to meet

emergency needs that do not qualify for export under the Humanitarian

License procedure will be considered on a case-by-case basis. Exports

of commercially-supplied goods to meet basic human needs may be

authorized under an individual validated license on a case-by-case

basis for destinations in North Korea. The types of commodities that

may be supplied commercially to meet basic human needs are the same as

those types of commodities described in Supplement No. 7 to part 773 of

this subchapter, but are not restricted solely to small scale projects

at the local level.

* * * * *

7. Section 785.2 is amended by revising the section heading and by

revising the phrase ``Poland, Romania, and the Slovak Republic only''

to read ``Poland, Romania, the Slovak Republic and Vietnam only'' in

paragraph (a)(1), as follows:

Sec. 785.2 Country Group Q, W, and Y2: Geographic area of the

former U.S.S.R., Eastern Europe, Mongolia, Cambodia, Laos, and Vietnam.

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\2\ See Supplement No. 1 to part 770 of this subchapter for

listing of Country Groups.

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* * * * *

Dated: February 4, 1994.

Sue E. Eckert,

Assistant Secretary for Export Administration.

[FR Doc. 94-3124 Filed 2-7-94; 3:49 pm]

BILLING CODE 3510-DT-P