Exports to the Republic of Korea (South Korea): General License GCT, Permissive Reexports From the Republic of Korea to the People's Republic of China, Permissive Reexports From COCOM Participating and Fully Cooperating Countries, Permissive Reexports to COCOM Participating Countries, and Higher Level Computers Under the Distribution License Procedure

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 770, 771, 773, and 774

[Docket No. 940256-4056]

RIN 0694-AA76

Exports to the Republic of Korea (South Korea): General License

GCT, Permissive Reexports From the Republic of Korea to the People's

Republic of China, Permissive Reexports From COCOM Participating and

Fully Cooperating Countries, Permissive Reexports to COCOM

Participating Countries, and Higher Level Computers Under the

Distribution License Procedure

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 the Republic of Korea (South Korea) additional

export licensing benefits available under the provisions of section

5(k) of the Export Administration Act of 1979, as amended (EAA). The

Republic of Korea currently enjoys General License GCG and shorter

processing times for license applications. This action will lessen the

administrative burden on U.S. exporters and their foreign customers.

EFFECTIVE DATE: This rule is effective March 21, 1994.

FOR FURTHER INFORMATION CONTACT: Rod Joseph, Office of Technology and

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

Commerce, Telephone: (202) 482-4253.

SUPPLEMENTARY INFORMATION:

Specifically, BXA is:

Amending section 770.2 of the Export Administration

Regulations (EAR) to identify the Republic of Korea as a ``cooperating

country'';

Amending General License GCT to authorize certain

shipments of U.S.-origin commodities to the Republic of Korea;

Removing the requirement for specific U.S. reexport

authorization for reexports from the Republic of Korea to the People's

Republic of China of commodities described in Advisory Notes for the

People's Republic of China or for Country Groups QWY;

Amending the permissive reexport provisions of EAR

sections 774.2(i) and 774.2(k) to include the Republic of Korea; and

Amending the Distribution License procedure to authorize

exports to the Republic of Korea of computers up to but not including

the supercomputer level.

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 a collection of information subject to the

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

collection has been approved by the Office of Management and Budget

under control numbers 0694-0005, 0694-0007, 0695-0010, and 0694-0015.

Licensing requirements will be reduced as a result of this rule,

thereby reducing the paperwork burden on the public.

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. 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, 773, and 774

Exports, Reporting and recordkeeping requirements.

Accordingly, parts 770, 771, 773, and 774 of the Export

Administration Regulations are amended as follows:

1. The authority citations for 15 CFR parts 770, 771, and 774

continue 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. 210 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 51749, October 4, 1993); and E.O. 12868 of

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

2. The authority citation for 15 CFR part 773 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. 12730 of September 30, 1990

(55 FR 40373, October 2, 1990), as continued by Notice of November

12, 1993 (58 FR 60361, November 15, 1993); (57 FR 53979, November

13, 1992); E.O. 12867 of September 30, 1993 (58 FR 51749, October 4,

1993); and E.O. 12868 of September 30, 1993 (58 FR 51749, October 4,

1993).

PART 770--[AMENDED]

3. Section 770.2 is amended by revising the definition for

``Cooperating country'' to read as follows:

Sec. 770.2 Definition of terms.

* * * * *

Cooperating country. A country that cooperates fully with the COCOM

member countries in restricting strategic exports to controlled

countries in accordance with COCOM standards. The ``Cooperating

Countries'' are: Austria, Finland, Hong Kong, Ireland, Korea (Republic

of), New Zealand, Sweden, and Switzerland.

* * * * *

PART 771--[AMENDED]

4. In Sec. 771.25 is amended:

a. By revising the phrase ``Japan, Luxembourg,'' to read ``Japan,

Korea (Republic of), Luxembourg,'' in paragraph (b); and

b. By revising the phrase ``Ireland, New Zealand,'' to read

``Ireland, Korea (Republic of), New Zealand,'' in paragraph (f)(2)

everywhere it appears.

PART 773--[AMENDED]

Supplement 8 to Part 773 [Amended]

5. In part 773, Supplement No. 8 is amended by adding in

alphabetical order ``Korea (Republic of)'' to the list of countries.

PART 774--[AMENDED]

Sec. 774.2 [Amended]

6. In Sec. 774.2, paragraph (i)(1) is amended by adding the word

``Korea (Republic of),'' immediately after the word ``Japan,''.

7. In Sec. 774.2, paragraph (j) introductory text is amended by

adding the word ``Korea (Republic of),'' immediately after the word

``Ireland,''.

8. In Sec. 774.2, paragraph (k) introductory text is amended by

adding the word ``Korea (Republic of),'' immediately after the word

``Ireland,''.

9. In Sec. 774.2, paragraph (k)(2) is amended by adding the word

``Korea (Republic of),'' immediately after the word ``Ireland,''.

Dated: March 15, 1994.

Sue E. Eckert,

Assistant Secretary for Export Administration.

[FR Doc. 94-6416 Filed 3-18-94; 8:45 am]

BILLING CODE 3510-DT-P