Federal Register Notices Affecting the EAR

Published Since March 2006 - Present

Published March 25, 1996 - February 2001 || Published March 2001 - February 2006

02/22/12
77 FR 10357
Updated Statements of Legal Authority To Reflect Continuation of Emergency Declared in Executive Orders 12947 and 13224
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This rule updates the authority citations for parts 730 and 744 of EAR to include Presidential notices of September 21, 2011 and January 19, 2012. This is a purely administrative rule to keep authority citation paragraphs in the Code of Federal Regulations current. It does not alter any of the text of the EAR nor does it affect any rights, obligations or prohibitions that apply to any person under the EAR.

02/03/12
77 FR 5387
Amendment to the Export Administration Regulations: Addition of a Reference to a Provision of the Iran Sanctions Act of 1996 (ISA) and Statement of the Licensing Policy for Transactions Involving Persons Sanctioned Under the ISA
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In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to add a reference to the Iran Sanctions Act of 1996 (ISA) to the provision at Section 744.19, which states BIS’s licensing policy for export and reexport transactions that involve persons sanctioned pursuant to certain enumerated statutes. In this rule, BIS provides notice to the public that it has a general policy of denial for export and reexport license applications in which a person sanctioned by the State Department under the ISA is a party to the transaction. BIS also makes technical corrections to Section 744.19 to enhance clarity and consistency.

01/09/12
77 FR 1017
Imposition of Export and Reexport License Requirement for Certain Microwave and Millimeter Wave Electronic Components
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This rule imposes a license requirement on exports and reexports to all destinations, except Canada, of two types of microwave and millimeter wave electronic components. The two components are packaged high electron mobility transistors and packaged microwave "monolithic integrated circuits" power amplifiers that meet certain criteria with respect to frequency range, size and output power.

12/16/11
76 FR 78146
Addition of Certain Persons to the Entity List; and Implementation of Entity List Annual Review Changes
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This rule amends the Export Administration Regulations (EAR) by adding two persons to the Entity List. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed on the Entity List under the United Arab Emirates (U.A.E.). This rule also amends the Entity List on the basis of the annual review of the Entity List conducted by the End-User Review Committee (ERC). The ERC conducts the annual review to determine if any entries on the Entity List should be removed or modified. This rule removes two persons located in Singapore and two persons located in Taiwan on the basis of the annual review, and revises the entry concerning one person located in Malaysia to add an alternate address. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to entities 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.

12/12/11
76 FR 77115
Amendments to the Export Administration Regulations: Facilitating Enhanced Public Understanding of the Provisions That Implement the Comprehensive U.S. Sanctions on Syria
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In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by moving the substantive provisions of the comprehensive sanctions on Syria from General Order No. 2 in Supplement No. 1 to part 736 to a revised § 746.9. This rule also includes conforming changes to the EAR. This rule will facilitate compliance with the comprehensive sanctions on Syria.

12/06/11
76 FR 76085
Revisions to the Export Administration Regulations (EAR): Control of Military Vehicles and Related Items That the President Determines No Longer Warrant Control on the United States Munitions List
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This proposed rule would include on the Commerce Control List military vehicles and related items that the President determines no longer warrant control on the United States Munitions List. The public comment period for this proposed rule will close on January 20, 2012.

12/06/11
76 FR 76072
Revisions to the Export Administration Regulations (EAR): Control of Gas Turbine Engines and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
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This proposed rule describes how military gas turbine engines and related articles that the President determines no longer warrant control under Category VI, VII, or VIII of the United States Munitions List (USML) would be controlled under the Commerce Control List (CCL) in new Export Control Classification Numbers (ECCNs) 9A619, 9B619, 9C619, 9D619 and 9E619. In addition, this proposed rule would control military trainer aircraft turbo prop engines and related items, which are currently controlled under ECCN 9A018.a.2 or .a.3, 9D018 or 9E018, under new ECCN 9A619, 9D619 or 9E619. The public comment period for this proposed rule will close on January 20, 2012. This rule was published in conjunction with a proposed rule from the Department of State, Directorate of Defense Trade Controls, that would consolidate in USML Category XIX the military gas turbine engines and related articles that would remain on the USML.

11/21/11
76 FR 71867
Addition of Certain Persons to the Entity List; and Implementation of Entity List Annual Review Changes
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This rule amends the Export Administration Regulations (EAR) by adding fourteen persons under twenty-one entries to the Entity List. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed on the Entity List under the following four destinations: Afghanistan, China, Hong Kong, and Pakistan. In addition, this rule amends the EAR to implement modifications to the Entity List on the basis of the annual review of the Entity List conducted by the End-User Review Committee (ERC), which the ERC conducts to determine if any entries on the Entity List should be removed or modified. This rule implements the results of the annual review for entities located in Canada. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to entities identified on the Entity List require a license from the Bureau of Industry and Security and that availability of license exceptions in such transactions is limited.

11/14/11
76 FR 70337
Exports and Reexports to the Principality of Liechtenstein
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The Bureau of Industry and Security (BIS) publishes this final rule to amend certain requirements in the Export Administration Regulations (EAR) that apply to the Principality of Liechtenstein (Liechtenstein). In this final rule, BIS aligns license requirements and licensing policy uner the EAR for Liechtenstein with those for Switzerland. As a result, for purposes of the EAR, Liechtenstein will be treated the same as Switzerland.

By virtue of a Customs Union Treaty with Switzerland, Liechtenstein has adopted the export controls implemented under Swiss law, including controls equivalent to those prescribed under multilateral regimes, and has authorized Switzerland to administer and enforce export controls within Liechtenstein’s territory. As a result of this arrangement, Liechtenstein and Switzerland serve as one territory for customs and export purposes. Having recently been made aware of the full scope of this arrangement and its consequences on export controls, BIS has determined that it is appropriate to codify the treatment of Liechtenstein and Switzerland as one territory for purposes of the EAR. This treatment of Liechtenstein is consistent with the effort of the United States to streamline licensing requirements where export controls prescribed by the multilateral regimes are implemented.

11/09/11
76 FR 69609
Amendment to Existing Validated End-User Authorizations in the People’s Republic of China: National Semiconductor Corporation and Semiconductor Manufacturing International Corporation
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In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to remove National Semiconductor Corporation (National Semiconductor) from the list of "Validated End-Users" and "Eligible Destinations" in the People’s Republic of China (PRC). BIS also removes on facility from the list of "Eligible Destinations" for Semiconductor Manufacturing International Corporation (SMIC) in the PRC, the Semiconductor Manufacturing International (Chengdu) Corporation, Assembly and Testing (AT2) Facility (SMIC AT2 facility). These amendments are due to material changes in the ownership and control of National Semiconductor and the SMIC AT2 facility. These amendments are not the result of activities of concern by National Semiconductor or SMIC and do not establish any new license requirements or licensing policies for exports, reexports, or transfers (in-country) of items to National Semiconductor, SMIC, or their facilities.

11/07/11
76 FR 68675
Proposed Revisions to the Export Administration Regulations (EAR): Control of Aircraft and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
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This proposed rule would create five new Export Control Classification Numbers (ECCNs) that would control certain items that are currently in Category VIII of the United States Munitions List or are in ECCNs 9A018, 9D018 or 9E018. This rule also addresses license exception eligibility for those items. This is the second in a series of proposed rules describing how various types of articles the President determines, as part of the Administration’s Export Control Reform Initiative, no longer warrant USML control, would be controlled on the CCL and by the EAR. Comments on this proposed rule must be received by BIS no later than December 22, 2011.

10/31/11
76 FR 67059
Addition of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States
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This rule amends the Export Administration Regulations (EAR) by adding fifteen persons to the Entity List (Supplement No. 4 to Part 744) on the basis of section 744.11 of the EAR. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These fifteen persons will be listed under the following four destinations on the Entity List: China, Hong Kong, Iran and Singapore. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) 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.

10/12/11
76 FR 63184
Addition of Certain Persons on the Entity List; Implementation of Entity List Annual Review Change; and Removal of Persons from the Entity List Based on Removal Requests
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This rule amends the EAR by adding two persons to the Entity List (Supplement No. 4 to Part 744) on the basis of section 744.11 of the EAR. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. In addition, this rule amends the Entity List on the basis of the annual review of the Entity List conducted by the End-User Review Committee (ERC) for entities located in Hong Kong. Lastly, this rule removes three persons from the Entity List consisting of one person located in Hong Kong and two persons located in New Zealand as a result of requests for removal submitted by each of these three persons, a review of information provided in the removal requests in accordance with section 744.16 (Procedure for requesting removal or modification of an Entity List entity), and further review conducted by the ERC. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) 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.

09/21/11
76 FR 58396
Editorial Correction to the Export Administration Regulations
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This final rule corrects reference and typographical errors in the Export Administration Regulations (EAR). The corrections are editorial in nature and do not affect license requirements. In addition to the editorial corrections, this rule adds new definitions to the EAR that were inadvertently not incorporated by a previous rule.

09/21/11
76 FR 58393
Updated Statements of Legal Authority for the Export Administration Regulations
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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 12, 2011-Continuation of Emergency Regarding Export Control Regulations. It makes no changes to the text of the EAR and does not alter any right, duty or prohibition that applies under the EAR to any person.

09/06/11
76 FR 54928
Export Administration Regulations: Netherlands Antilles, Curaçao, Sint Maarten and Timor-Leste
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The Netherlands Antilles dissolved on October 10, 2010. This rule removes the Netherlands Antilles from all places where it is mentioned in the Export Administration Regulations (EAR), e.g., the Commerce Country Chart, the Country Groups, and License Exception APP. Curaçao and Sint Maarten (the Dutch two-fifths of the island of Saint Martin) became semi-autonomous entities within the Kingdom of the Netherlands. Therefore, Curaçao and Sint Maarten are added to the Commerce Country Chart.

The territories and dependencies of a country are treated as the parent country under the EAR. Bonaire, Saba, and Sint Eustatius now fall under the direct administration of the Netherlands. Therefore, these dependencies are treated like the Netherlands and will not be listed on the Commerce Country Chart.

This rule also revises the name "East Timor" to read "Timor-Leste" throughout the EAR, because this is the proper name of the country.

08/15/11
76 FR 50407
Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States to the Entity List; and Implementation of Additional Changes from the Annual Review of the Entity List
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This rule amends the Export Administration Regulations (EAR) by adding fifteen persons under twenty entries to the Entity List (Supplement No. 4 to Part 744) on the basis of section 744.11 of the EAR. The persons being added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed under the following six destinations on the Entity List: Cyprus, Greece, Iran, Syria, Ukraine, and the United Kingdom (U.K.). In addition, this rule amends the EAR to implement modifications to the Entity List on the basis of the annual review of the Entity List conducted by the End-User Review Committee (ERC), which the ERC conducts to determine if any entities on the Entity List should be removed or modified. This rule implements the results of the annual review for entities located in Syria. Lastly, this rule makes a clarification to an existing entry located in China to clarify the relationship of a listed alias to the existing entry and to provide additional information on the alias.

08/05/11
76 FR 47527
Retrospective Regulatory Review Under E.O. 13563
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The Bureau of Industry and Security (BIS), Department of Commerce, is currently engaged in the Export Control Reform Initiative. In addition to this effort, and pursuant to President Obama’s direction in Executive Order 13563, BIS is conducting a retrospective review of portions of the Export Administration Regulations, Chemical Weapons Convention Regulations, Additional Protocol Regulations, and National Defense Industrial Base Regulations to determine how they might be clarified or streamlined to be more effective or less burdensome. Through this notice, BIS seeks public comments on how it should undertake its retrospective review of regulations.

07/25/11
76 FR 44259
Addition of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States
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This rule amends the Export Administration Regulations (EAR) by adding six persons to the Entity List (Supplement No. 4 to Part 744) on the basis of section 744.11 of the EAR. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed under the following two destinations on the Entity List: Hong Kong and Lebanon. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) 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.

07/15/11
76 FR 41958
Proposed Revisions to the Export Administration Regulations (EAR): Control of Items the President Determines No Longer Warrant Control under the United States Munitions List (USML)
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This Export Control Reform (ECR) initiative rule proposes a new regulatory construct for the transfer of items on the USML that, in accordance with section 38(f) of the Arms Export Control Act (AECA)(22 U.S.C. 2778(f)(1)), the President determines no longer warrant control under the AECA and that would be controlled under the EAR once the congressional notification requirements of section 38(f) and corresponding amendments to the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120-130) and its USML and the EAR and its CCL are completed. In addition to proposing a regulatory construct for transferring these items into the CCL, this rule proposes the transfer of an initial tranche of items from USML Category VII (Tanks and Military Vehicles) to the CCL. This rule also proposes amending the EAR to establish a process by which certain items moving from the USML to the CCL would be made eligible for License Exception Strategic Trade Authorization (STA), and proposes EAR amendments related to movement of USML items to the CCL, such as new definitions of relevant terms, including “specially designed,” “end items,” “parts,” and “components.” Finally, this notice proposes establishing a new holding Export Control Classification Number (ECCN) in which items that warrant a significant level of control, but are not otherwise classified on the CCL, may be temporarily placed. Comments on this proposed rule must be received by BIS no later than September 13, 2011.

07/13/11
76 FR 41046
Addition of the New State of the Republic of South Sudan to the Export Administration Regulations
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In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to add controls on exports and reexports of U.S.-origin dual-use items to a new nation, the Republic of South Sudan. In January 2011, a referendum was held in the region of Southern Sudan to determine whether that region would remain part of Sudan or become a separate, independent nation. On February 7, 2011, the referendum commission announced that the region of Southern Sudan had voted to become a separate nation, effective July 9, 2011. On February 7, 2011, recognizing this historic milestone in the implementation of the Comprehensive Peace Agreement (CPA), President Obama announced the intention of the United States to formally recognize the Republic of South Sudan as a sovereign state in July, 2011. BIS is therefore amending the EAR to reflect the July 9, 2011 formal recognition by adding the new nation, the Republic of South Sudan, to the Commerce Country Chart and including it in Country Group B, which will render the destination eligible for certain export and reexport License Exceptions. The controls that continue to apply to "Sudan" under the EAR will not apply to the Republic of South Sudan.

07/12/11
76 FR 40804
Technical Amendment to the Authorization Validated End-User Regulations of the Export Administration Regulations
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In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR), Supplement No.7 to Part 748 - Authorization Validated End-User (VEU): List of Validated End-Users, Respective Items Eligible for Export, Reexport and Transfer, and Eligible Destinations - to add a column that lists Federal Register citations for the respective entries. This rule does not make any substantive changes to Supplement No. 7 or elsewhere in the EAR.

07/11/11
76 FR 37634
Paperwork Reduction Act: Updated List of Approved Information Collections and Removal of a Redundant Reporting Requirement
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This rule adds a publication date in the authority citation paragraph of part 730 of the Export Administration Regulations. It revises the address of the Bureau of Industry and Security’s (BIS) Western Regional Office at two places in the EAR. It updates the table of authorized information collection control numbers in Supplement No. 1 to part 730 of the EAR to reflect consolidation of several authorizations relating to license exceptions and exclusions into a single authorization with a single control number. This rule removes a reporting requirement for certain exports of oil because BIS can now obtain this information from the Automated Export System.

06/28/11
76 FR 37634
Revision to the Validated End-User Authorization for CSMC Technologies Corporation in the People’s Republic of China
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In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the validated end-user authorization for CSMC Technologies Corporation (CSMC) in the People’s Republic of China (PRC) by adding an item to the list of items that may be exported, reexported, or transferred (in-country) to CSMC’s eligible destinations under Authorization Validated End-User (VEU).

06/28/11
76 FR 37632
Addition of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States
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This rule amends the Export Administration Regulations (EAR) by adding eight persons to the Entity List (Supplement No. 4 to Part 744) on the basis of section 744.11 of the EAR. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These eight persons will be listed under the following three destinations on the Entity List: France, Iran and the United Arab Emirates (U.A.E.). The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) 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.

06/24/11
76 FR 36986
Export Control Reform Initiative: Strategic Trade Authorization License Exception
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This final rule revises the Export Administration Regulations (EAR) to implement changes made to the Wassenaar Arrangement's List of Dual Use Goods and Technologies (Wassenaar List) maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies (Wassenaar Arrangement, or WA) at the December 2009 WA Plenary Meeting (the Plenary) that relate to Export Control Classification Number (ECCN) 4A003. These changes agreed to at the Plenary pertain to raising the Adjusted Peak Performance (APP) for digital computers in ECCN 4A003. In accordance with the National Defense Authorization Act (NDAA) for FY1998, the President’s report for High Performance Computers was sent to Congress on February 7, 2011, to set forth the new APP. This rule also makes corresponding revisions to License Exception APP, the de minimis rule, and post shipment verification reporting requirements in the Export Administration Regulations.

This rule also moves Albania and Croatia from Computer Tier 3 to Computer Tier 1 in the section of the EAR dedicated to export control requirements for high performance computers. The Administration believes Albania and Croatia are eligible to be treated as Computer Tier 1 countries because their governments have made the necessary reforms to allow the countries to join the North Atlantic Treaty Organization (NATO), and have adopted accepted global standards in export controls.

06/16/11
76 FR 35276
Export Control Reform Initiative: Strategic Trade Authorization License Exception
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This rule adds a new license exception to the Export Administration Regulations (EAR) that authorizes the export, reexport, and transfer (in-country) of specified items to destinations that pose relatively low risk that those items will be used for a purpose that license requirements are designed to prevent. Use of the exception is conditioned upon the creation and exchange by the parties to the transaction of notifications and statements designed to provide assurance against diversion of such items to other destinations.

06/14/11
76 FR 34577
Wassenaar Arrangement 2010 Plenary Agreements Implementation: Commerce Control List, Definitions, Reports; Correction
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This document corrects errors in a final rule published by the Bureau of Industry and Security (BIS) in the Federal Register on Friday, May 20, 2011 that revised the Export Administration Regulations (EAR) by amending entries for certain items that are controlled for national security reasons in Categories 1, 2, 3, 4, 5 Parts I & II, 6, 7, 8, and 9; adding and amending definitions to the EAR; and revising reporting requirements. That final rule contained errors concerning radial ball bearings, as well as editorial mistakes.

05/24/11
76 FR 29998
Removal and Modifications for Persons Listed Under Russia on the Entity List
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This final rule amends the Export Administration Regulations (EAR) by removing one and revising two Russian entries on the Entity List (Supplement No. 4 to Part 744). This final rule removes the Federal Atomic Power of Russia (Rusatom) (now known as the Russian State Corporation of Atomic Energy (Rosatom)) entry from the Entity List and adds language clarifying that both the All-Russian Scientific Research Institute of Technical Physics (VNIITF) and the All-Russian Scientific Research Institute of Experimental Physics (VNIIEF), which are Rosatom components, remain on the Entity List. In addition, this rule adds additional aliases and revises some of the existing aliases for the two Russian entries that are being retained on the Entity List. These changes will better inform exporters, reexporters, and transferors of the scope of these Entity List-based license requirements. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) 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.

05/20/11
76 FR 29610
Wassenaar Arrangement 2010 Plenary Agreements Implementation: Commerce Control List, Definitions, Reports
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This final rule revises the Commerce Control List (CCL) to implement changes made to the Wassenaar Arrangement’s List of Dual-Use Goods and Technologies (Wassenaar List) maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement, or WA) at the December 2010 WA Plenary Meeting (the Plenary). To harmonize the CCL with the changes made to the Wassenaar List at the Plenary, this rule amends entries on the CCL that are controlled for national security reasons in Categories 1, 2, 3, 4, 5 Parts I & II, 6, 7, 8,and 9, revises reporting requirements, and adds and amends definitions in the EAR.

04/29/11
76 FR 23872
Editorial Corrections to the Export Administration Regulations
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The Bureau of Industry and Security (BIS) publishes this final rule to implement editorial corrections to the Export Administration Regulations (EAR). In particular, this rule corrects the country entry for Syria on the Commerce Country Chart to ensure that the license requirements are accurately represented. In addition, this rule corrects other errors in the Commerce Control List such as inaccurate references, spelling and technical errors, and removes superfluous wording to ensure accuracy in the EAR.

04/20/11
76 FR 22017
Implementation of the Understandings Reached at the 2010 Australia Group (AG) Plenary Meeting and Other AG-Related Clarifications and Corrections to the EAR
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This rule amends the Export Administration Regulations (EAR) to implement the understandings reached at the June 2010 plenary meeting of the Australia Group (AG). Specifically, this final rule amends Export Control Classification Number (ECCN) 2B350 (Chemical manufacturing facilities and equipment) on the Commerce Control List (CCL) to clarify the meaning of the terms “fluoropolymers” and #147;ferrosilicon#148; in connection with the types of #147;materials#148; from which certain chemical manufacturing equipment is made. In addition to these AG Plenary changes, this rule revises the listing for #147;Chlamydia psittaci#148; in ECCN 1C351.c.7 by updating the name of the bacterium to read #147;Chlamydophila psittaci (formerly known as Chlamydia psittaci).#148; This rule also revises the listing for the #147;Lyssa virus#148; in ECCN 1C352.a.8 by adding a parenthetical phrase to indicate that the virus is also known as Rabies.

04/18/11
76 FR 21628
Implementation of Additional Changes From the Annual Review of the Entity List; Removal of Person Based on Removal Request
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This rule amends the Export Administration Regulations (EAR) to implement additional changes to the Entity List (Supplement No. 4 to part 744) on the basis of the annual review of the Entity List conducted by the End-User Review Committee (ERC). This rule implements the results of the annual review for entities located in Iran and the United Arab Emirates (U.A.E.). In addition to implementing changes from the annual review, this rule removes one person located in the United Kingdom (U.K.) from the Entity List. This person is being removed from the Entity List as a result of a request for removal submitted by that person, a review of information provided in the removal request in accordance with section 744.16 (Procedure for requesting removal or modification of an Entity List entity), and further review conducted by the End-User Review Committee?s (ERC) member agencies. This rule makes a clarification to an existing entry located in China to accurately reflect the relationship between two aliases listed under that entry. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to entities identified on the Entity List require a license from the Bureau of Industry and Security and that availability of license exceptions in such transactions is limited.

03/07/11
76 FR 12279
Simplified Network Application Processing System, On-line Registration and Account Maintenance
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In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by clarifying the Application Processing, Issuance, and Denial provisions concerning BIS's authority to revise, suspend or revoke licenses.

02/07/11
76 FR 7102
Simplified Network Application Processing System, On-line Registration and Account Maintenance
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This rule makes changed to the Export Administration Regulations that are needed to implement on-line registration and account maintenance of in the Simplified Network Application Processing.

01/25/11
76 FR 4228
U.S.-India Bilateral Understanding: Revisions to U.S. Export and Reexport Controls Under the Export Administration Regulations
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In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement several components of the bilateral understanding between the United States and India announced by President Obama and India's Prime Minister Singh on November 8, 2010. This is the first in a series of rules implementing the President's and Prime Minister's commitment to work together to strengthen the global nonproliferation and export control framework and further transform our bilateral export control cooperation to realize the full potential of the strategic partnership between the two countries. The two leaders outlined mutual steps to implement an export control reform program. On the part of the United States, these steps include removing India's defense and space-related entities from the Entity List (Supplement No. 4 to part 744 of the EAR) and realigning U.S. export licensing policy toward India by removing India from three country groups in the EAR and adding it to one country group. This rule also makes conforming changes to the EAR consistent with these steps. These reforms reflect India's nonproliferation record and commitment to abide by multilateral export control standards.

01/18/11
76 FR 2802
Additions and Revisions to the List of Validated End-Users in the People's Republic of China: CSMC Technologies Corporation and Advanced Micro Devices China, Inc.
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In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to add one end-user, CSMC Technologies Corporation (CSMC), to the list of validated end-users in the People's Republic of China (PRC). With this rule, exports, reexports, and transfers (in-country) of certain items to three CSMC facilities in the PRC are now authorized under Authorization Validated End-User. In this rule, BIS also amends the EAR to revise the validated end-user authorization for Advanced Micro Devices China, Inc. (AMD) in the PRC by amending the list of buildings associated with one of the company's approved facilities and by updating the description of items eligible for export, reexport, or transfer (in-country) to AMD's approved facilities.

01/07/11
76 FR 1059
Publicly Available Mass Market Encryption Software and Other Specified Publicly Available Encryption Software in Object Code
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The Bureau of Industry and Security (BIS) is removing from the scope of items subject to the Export Administration Regulations (EAR) “publicly available” mass market encryption object code software with a symmetric key length greater than 64-bits, and “publicly available” encryption object code classified under Export Control Classification Number (ECCN) 5D002 on the Commerce Control List when the corresponding source code meets the criteria specified under License Exception TSU. This change is being made pursuant to a determination by BIS that, because there are no regulatory restrictions on making such software “publicly available,” and because, once it is “publicly available,” by definition it is available for download by any end user without restriction, removing it from the jurisdiction of the EAR will have no effect on export control policy. This action will not result in the decontrol of source code classified under ECCN 5D002, but it will result in a simplification of the regulatory provisions for publicly available mass market software and specified encryption software in object code.

12/27/10
75 FR 81152
Export Control Modernization: Strategic Trade Authorization License Exception (Address Correction)
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This notice corrects one of the addresses for submitting public comments on the Strategic Trade Authorization License Exception proposed rule (75 FR 76653, December 9, 2010). The correct addresses are: www.regulations.gov Search for ID BIS-2010-0038, email publiccomments@bis.doc.gov reference RIN 0694-AF03 in the subject line, or mail or deliver to Regulatory Policy Division, Bureau of Industry and Security , Room 2705, U.S. Department of Commerce, Washington, DC 20230.

12/17/10
75 FR 78883
Implementation of Additional Changes from the Annual Review of the Entity List
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This rule amends the Export Administration Regulations (EAR) to implement additional changes to the Entity List (Supplement No. 4 to Part 744) on the basis of the annual review of the Entity List conducted by the End-User Review Committee (ERC). The changes from the annual review will be implemented in three rules. The second rule, published today, implements the results of the annual review for entities located in China and Russia. This rule removes five entities from the Entity List under Russia and makes twenty-one modifications to the Entity List (consisting of modifications to eighteen Chinese entries and three Russian entries currently on the Entity List) by adding additional addresses, aliases and/or clarifying the names for these twenty-one entities.

12/15/10
75 FR 78154
Updated Statements of Legal Authority to Reflect Continuation of Emergency Declared in Executive Order 12938
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This rule updates six Code of Federal Regulations authority citation paragraphs to reflect a one year extension of the emergency declared in Executive Order 12983. This rule also updates two such paragraphs to reflect the codification of Executive Order 13338 into title 3 of the Code of Federal Regulations. This rule does not alter any right, obligation or prohibition that applies to any person under the Export Administration Regulations.

12/09/10
75 FR 76664
Commerce Control List: Revising Descriptions of Items and Foreign Availability (Advanced Notice of Proposed Rulemaking)
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As part of the President’s export control reform initiative, the Bureau of Industry and Security (BIS) seeks public comments on how the descriptions of items controlled on the Commerce Control List (CCL) of the Export Administration Regulations (EAR) could be more clear and positive and “tiered” in a manner consistent with the control criteria the Administration has developed as part of the reform effort. The request for comments on how items on the CCL could be tiered includes a request for comments on the degree to which a controlled item provides the United States with a critical, substantial, or significant military or intelligence advantage; and the availability of the item outside certain groups of countries. Because of this latter aspect of the criteria for the tiers, BIS also requests comments on the processes and criteria BIS should employ to evaluate the availability information provided in response to this request. Comments are due by February 7, 2011.

12/09/10
75 FR 76653
Export Control Modernization: Strategic Trade Authorization License Exception (Proposed Rule)
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This proposed rule would add a new license exception to the Export Administration Regulations. The exception would allow exports, reexports and transfers (in-country) of specified items to destinations that pose little risk of unauthorized use of those items. To provide assurance against diversion to unauthorized destinations, transactions under this license exception would be subject to notification, destination control statement and consignee statement requirements. This proposed rule is part of the Administration’s Export Control Reform Initiative undertaken as a result of the fundamental review of the U.S. export control system announced by the President in August 2009. Comments are due by February 7, 2011.

11/23/10
75 FR 71376
Simplified Network Application Processing System, On-line Registration and Account Maintenance
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The Bureau of Industry and Security (BIS) is proposing to implement an on-line registration process for obtaining an account to submit license applications and similar documents electronically. The current registration process requires paper and facsimile submissions. This proposed rule sets forth the information that parties registering on-line would be required to provide to BIS and sets forth the duties that registered parties would have with respect to keeping information in their accounts current. The comment period closes on January 24, 2011.

11/01/10
75 FR 67029
Amendment to Existing Validated End-User Authorization in the People's Republic of China: Semiconductor Manufacturing International Corporation
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In this action, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to remove one facility from the list of Semiconductor Manufacturing International Corporation (SMIC) facilities that are authorized to receive certain items in the People's Republic of China (PRC) under SMIC's validated end-user (VEU) authorization. Specifically, BIS removes Cension Semiconductor Manufacturing Corporation (Cension) from SMIC's list of approved VEU facilities in the PRC due to a material change at SMIC. This amendment is not the result of prohibited activities by Cension or by SMIC, nor does it establish any new license requirements or more restrictive licensing policies for exports, reexports or transfers (in-country) of items to the facility identified in this rule; license requirements set forth in the EAR continue to apply to this facility.

10/13/10
75 FR 62675
Wassenaar Arrangement 2009 Plenary Agreements Implementation: Categories 1, 2, 3, 4, 5 Part I, 6, 7, and 9 of the Commerce Control List, Definitions, Reports; Correction
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The Bureau of Industry and Security (BIS) published a final rule in the Federal Register on Tuesday, September 7, 2010 (75 FR 54271) that revised the Export Administration Regulations (EAR) by amending entries for certain items that are controlled for national security reasons in Categories 1, 2, 3, 4, 5 Part I (telecommunications), 6, 7, and 9; adding new entries to the Commerce Control List; revising reporting requirements; and adding and amending EAR Definitions. That final rule contained errors that affected Export Control Classification Numbers (ECCNs) 6A005, 6A008, and 9A001, as well as the definition of “energetic materials.” In addition, that final rule's preamble erroneously identified ECCN 6E993 as one of the ECCNs that was revised in the rule's text. This document corrects these errors.

10/12/10
75 FR 62462
Additions to the List of Validated End-Users in the People's Republic of China: Hynix Semiconductor China Ltd., Hynix Semiconductor (Wuxi) Ltd. and Lam Research Corporation
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In this final rule, the Bureau of Industry and Security amends the Export Administration Regulations (EAR) to add three end-users, Hynix Semiconductor (China) Ltd., Hynix Semiconductor (Wuxi) Ltd. and Lam Research Corporation to the list of validated end-users in the People's Republic of China (PRC). With this rule, exports, reexports and transfers (in-country) of certain items to one facility of Hynix Semiconductor (China) Ltd., one facility of Hynix Semiconductor (Wuxi) Ltd. and nine facilities of Lam Research Corporation in the PRC are now authorized under Authorization Validated End-User (VEU).

09/07/10
75 FR 54271
Wassenaar Arrangement 2009 Plenary Agreements Implementation: Categories 1, 2, 3, 4, 5 Part I, 6, 7, and 9 of the Commerce Control List, Definitions, Reports
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This final rule revises the Export Administration Regulations to implement changes made to the Wassenaar Arrangement's List of Dual Use Goods and Technologies maintained and agreed to by governments of 40 countries participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies (WA) at the December 2009 WA Plenary Meeting.

09/07/10
75 FR 53864
Updated Statements of Legal Authority for the Export Administration Regulations
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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 12, 2010 B Continuation of Emergency Regarding Export Control Regulations. This rule does not change the text of any section of the EAR.

09/02/10
75 FR 53864
Updated Statements of Legal Authority for the Export Administration Regulations
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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 12, 2010 B Continuation of Emergency Regarding Export Control Regulations. This rule does not change the text of any section of the EAR.

08/02/10
75 FR 45052
The Jurisdictional Scope of Commodity Classification Determinations and Advisory Opinions Issued by the Bureau of Industry and Security
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In this interim final rule with request for comments, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to clarify that commodity classification determinations and advisory opinions BIS issues or has issued under the EAR are not and may not be relied upon as U.S. Government determinations that the items described therein are subject to the EAR, as opposed to the jurisdiction of another U.S. Government agency. The rule is effective August 2, 2010. Comments must be received by October 1, 2010.

07/30/10
75 FR 44887
Foreign Direct Products of U.S. Technology
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This final rule changes the “direct product rule” as it is codified in the EAR, by expanding the country scope of the rule from Country Group D:1 and Cuba to Country Group D:1 and E:1 (Cuba, Iran, North Korea, Sudan, and Syria). This change is being made to bring the “direct product rule” into harmony with the policies the United States maintains against terrorist supporting countries in Country Group E:1. This rule also makes parallel revisions or clarifications to written assurances required under License Exception TSR (Technology and Software Restricted), information required on the license application for national security controlled technology, and the instructional steps in the EAR that provide guidance on how to apply the direct product rule.

07/27/10
75 FR 43819
Clarification of Grace Period for Encryption Registration Requirement
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This rule clarifies the intent of the encryption registration requirement that appeared in a rule published on June 25, 2010. In addition, this rule corrects the e-mail address for the public contact referenced in the June 25, 2010 rule.

07/15/10
75 FR 41078
Revisions to the Commerce Control List to Update and Clarify Crime Control License Requirements
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This rule updates and clarifies export and reexport license requirements on striking weapons, restraint devices, shotguns and parts, optical sighting devices, and electric shock devices. It also adds equipment designed for the execution of humans to the Commerce Control List. This rule makes no changes to the longstanding policy of denial of applications to export or reexport specially designed implements of torture. The rule provides additional illustrative examples of such items and adopts a definition of torture used in a U.S. statute that implements the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. BIS is publishing this rule as part of an ongoing review of crime control license requirements and policy.

06/30/10
75 FR 37742
Addition of New Export Control Classification Number 6A981 Passive Infrasound Sensors to the Commerce Control List of the Export Administration Regulations, and Related Amendments. (Proposed rule with request for comments)
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The Bureau of Industry and Security proposes to amend the Export Administration Regulations (EAR) by adding Export Control Classification Number (ECCN) 6A981 to the Commerce Control List (CCL) to control passive infrasound sensors because of their military and commercial utility. Items under this new ECCN will be controlled for Regional Stability (RS) and Anti-Terrorism (AT) reasons. In addition, BIS proposes to control technology and software for the development, production, or use of these items for RS and AT reasons under revised ECCNs 6D991 and 6E991, respectively. Comments are requested by COB August 30, 2010.

06/28/10
75 FR 36516
Addition and Removal of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States; Removal of Person Based on Removal Request
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This rule amends the Export Administration Regulations (EAR) by adding twenty-four persons to the Entity List (Supplement No. 4 to Part 744) on the basis of Section 744.11. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. This rule also removes one person located in Hong Kong from the Entity List. This person is being removed from the Entity List as a result of a request for removal submitted by that person, a review of information provided in the removal request in accordance with Section 744.16, and further review conducted by the End-User Review Committee’s (ERC) member agencies. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to entities identified on the Entity List require a license from the Bureau of Industry and Security and that availability of license exceptions in such transactions is limited.

06/28/10
75 FR 36511
Revisions to the Export Administration Regulations Based Upon a Systematic Review of the Commerce Control List: Additional Changes
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This rule amends the Export Administration Regulations (EAR) to make revisions to the EAR as a result of a systematic review of the Commerce Control List (CCL) that was conducted by the Bureau of Industry and Security (BIS). This rule is the third phase of the regulatory implementation of the results of a review of the CCL that was conducted by BIS starting in 2007. The BIS CCL review benefited from input received from BIS’s Technical Advisory Committees (TACs) and comments that were received from the interested public in response to the publication of a BIS notice of inquiry on July 17, 2007. The revisions in this rule include clarifications to existing controls; eliminating redundant or outdated controls; and establishing more focused and rationalized controls. This rule also makes CCL related changes to other parts of the EAR, including CCL related definitions and license exceptions.

06/25/10
75 FR 36481
Encryption Export Controls: Revision of License Exception ENC and Mass Market Eligibility, Submission Procedures, Reporting Requirements, License Application Requirements, and Addition of Note 4 to Category 5, Part 2
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This rule modifies the requirements of License Exception ENC, “Encryption Commodities, Software and Technology,” and the requirements for qualifying an encryption item as mass market. This rule also amends specific license requirements for encryption items. This rule also implements the agreements made by the Wassenaar Arrangement at the plenary meeting in December 2009 that pertained to “information security” items, including adding a new Note 4 to Category 5, Part 2 to exclude certain items incorporating or using “cryptography” from control under Category 5, Part 2. This rule is an interim final rule and comments are requested to be submitted by August 24, 2010.

06/16/10
75 FR 33989
Export Administration Regulations: Technical Corrections
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This rule corrects two typographical errors that appeared in a rule that appeared in the Federal Register on June 4, 2010 (75 FR 31678).

06/15/10
75 FR 33682
Technical Amendment to Part 766 of the Export Administration Regulations
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In this final rule, the Bureau of Industry and Security (BIS) makes a technical amendment to the Export Administration Regulations (EAR). Specifically, BIS deletes references in Part 766 of the EAR concerning Federal court jurisdiction for judicial review of final decisions and orders issued in BIS export control administrative enforcement proceedings and in administrative appeals of BIS temporary denial orders. Federal court jurisdiction to review these orders is governed by statute, not by regulation.

06/04/10
75 FR 31678
Export Administration Regulations: Technical Corrections
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This rule clarifies language concerning the de minimis provisions of the Export Administration Regulations and certain performance criteria of turning machines. It also removes obsolete cross references, removes and reserves two regulatory provisions, corrects a typographical error, and removes an unnecessary reporting requirement.

05/28/10
75 FR 29884
Implementation of Changes from the 2009 Annual Review of the Entity List
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This rule amends the Export Administration Regulations (EAR) to implement changes to the Entity List (Supplement No. 4 to Part 744) on the basis of the 2009 annual review of the Entity List conducted by the End-User Review Committee. The changes from the annual review will be implemented in two rules. The first rule published today implements the results of the annual review for listed entities under eleven destinations on the Entity List: Canada, Egypt, Germany, Hong Kong, Israel, Kuwait, Lebanon, Malaysia, South Korea, Singapore, and the United Kingdom. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to entities identified on the Entity List require a license from the Bureau of Industry and Security and that availability of license exceptions in such transactions is limited.

05/14/10
75 FR 27185
Revisions to the Authorization for Validated End-User Applied Materials China, Ltd.
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In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to update the name of an existing validated end-user in the People's Republic of China (PRC) and revise the associated list of eligible items and facilities for that validated end-user. BIS previously approved Applied Materials China, Ltd. (Applied) as a validated end-user, authorizing exports, reexports and transfers (in-country) of certain items to four Applied facilities in the PRC under Authorization Validated End-User (VEU). In addition to updating Applied's name, this rule revises the names and addresses of Applied's four previously approved facilities. This rule also authorizes three additional Applied facilities, which are added to the list of Applied's eligible destinations. Finally, this rule revises the list of Export Control Classification Numbers (ECCNs) for items that may be exported, reexported or transferred (in-country) to the eligible Applied facilities.

05/10/10
75 FR 25763
Addition to the list of Validated End-Users: Advanced Micro Devices China, Inc.
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In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to add Advanced Micro Devices China, Inc., as an end-user to the list of validated end-users in the People’s Republic of China. Exports, reexports and transfers (in-country) of certain items to three facilities of this end-user are now authorized under Authorization Validated End-User (VEU).

04/20/10
75 FR 20520
Revisions to the Export Administration Regulations Based on the 2009 Missile Technology Control Regime Plenary Agreements
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This rule amends the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the November 2009 Plenary in Rio de Janeiro, Brazil. The changes in the rule include an amendment to ECCN 1C117 to reflect a significant agreement reached by MTCR member countries on the control of tungsten and molybdenum on the MTCR Annex. In addition, this rule corrects an error published in a final rule on December 10, 2009 (74 FR 65662).

04/05/10 (published)
75 FR 17052
05/05/2010 (effective)
Issuance of Electronic Documents and Related Recordkeeping Requirements
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This rule enables BIS to eliminate the paper versions of most export and similar documents. This rule also changes certain recordkeeping requirements associated with the elimination of paper documents.

03/25/10
75 FR 14335
Revisions to the Export Administration Regulations to Enhance U.S. Homeland Security: Addition of Three Export Control Classification Numbers (ECCNs) and License Review Policy
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This rule amends the Export Administration Regulations (EAR) by revising controls to advance U.S. homeland security and foreign policy interests. These amendments reflect issues identified by an interagency working group that is reviewing export control issues related to homeland security. Specifically, this EAR amendment adds three new entries to the Commerce Control List (CCL) to control certain concealed object detection equipment operating in the frequency range from 30 GHz to 3000 GHz and related software and technology. To facilitate the export and reexport of these items to certain trusted destinations and end-users, this rule adds new license review criteria to the EAR to create a presumption of approval for certain cooperating countries provided the items are being made to a government end-user or to a person designated by the government end-user pursuant to contract.

03/23/10
75 FR 13674
Wassenaar Arrangement 2008 Plenary Agreements Implementation: Categories 1, 2, 3, 4, 5 Parts I and II, 6, 7, 8 and 9 of the Commerce Control List, Definitions, Reports; Correction
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The Bureau of Industry and Security (BIS) published a final rule in the Federal Register on Friday, December 11 (74 FR 66000) that revised the EAR by amending certain entries that are controlled for national security reasons in Categories 1, 2, 3, 4, 5 Part I (telecommunications), 5 Part II (information security), 6, 7, 8, and 9; adding new entries to the CCL, revising reporting requirements and adding and amending EAR Definitions. That final rule contained inadvertent errors that affected Export Control Classification Numbers (ECCNs) 1A004 and 5A001. This document corrects these errors.

03/23/10
75 FR 13672
Implementation of both the Understandings Reached at the 2009 Australia Group (AG) Plenary Meeting and a Decision Adopted under the AG Intersessional Silent Approval Procedures
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This rule amends the Export Administration Regulations (EAR) to implement both the understandings reached at the September 2009 plenary meeting of the Australia Group (AG) and a decision that was adopted under the AG intersessional silent approval procedures in October 2009. Specifically, this final rule amends Export Control Classification Number (ECCN) 2B350 (Chemical manufacturing facilities and equipment) on the Commerce Control List (CCL) to clarify the use of the terms “nominal size” and “alloy” in connection with items controlled under this ECCN. In addition, this rule amends ECCN 1C351 (Human and zoonotic pathogens and “toxins”) on the CCL to reflect the AG decision, adopted under the AG intersessional silent approval procedures, to remove “white pox” virus from its list of biological agents.

02/22/10
75 FR 7548
Amendments to the Select Agents Controls in Export Control Classification Number (ECCN) 1C360 on the Commerce Control List (CCL); Correction to ECCN 1E998
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This rule amends the Export Administration Regulations (EAR) to update the controls on certain select agents identified in Export Control Classification Number (ECCN) 1C360 on the Commerce Control List (CCL) (Supplement No. 1 to Part 774 of the EAR) and to make a correction to ECCN 1E998. The ECCN 1C360 updates are based on recent changes to the lists of select agents and toxins that are separately maintained by the Animal Plant and Health Inspection Service (APHIS), U.S. Department of Agriculture, and the Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (HHS). APHIS and CDC maintain controls on the “possession, use, and transfer within the United States” of certain select agents and toxins, while BIS controls “exports” of these select agents and toxins.

02/19/10
75 FR 7358
Addition of Certain Persons to the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States
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This rule amends the Export Administration Regulations (EAR) by adding ten additional persons located in Hong Kong and Taiwan to the Entity List (Supplement No. 4 to Part 744) on the basis of Section 744.11 of the EAR. These persons that are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) 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.

02/09/10
75 FR 6301
Revisions to License Exception GOV To Provide Authorization for Exports and Reexports of Commodities for Use on the International Space Station (ISS)
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This rule amends the Export Administration Regulations by revising an existing license exception to provide a new authorization for exports and reexports of certain commodities subject to the EAR when those commodities are intended for use on the International Space Station (ISS). In § 740.11, under License Exception GOV, this rule adds a paragraph (d) to provide a new authorization for the export or reexport of commodities subject to the EAR that are classified under ECCN 9A004 for use on the ISS. Specifically, this rule provides a new authorization for commodities classified under ECCN 9A004 that are subject to the EAR that are needed at a launch destination outside of the U.S. on short notice.

01/15/10
75 FR 2435
Addition to the List of Validated End-Users in the People's Republic of China (PRC)
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In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to add a company to the list of validated end-users for the People’s Republic of China (PRC) approved to receive exports, reexports and transfers of certain items under Authorization Validated End-User (VEU). Specifically, this rule amends the EAR to add one additional validated end-user, Grace Semiconductor Manufacturing Corporation, and identifies eligible items for export and reexport and transfer (in-country) to one facility in the PRC. In a final rule published in the Federal Register on June 19, 2007, BIS revised and clarified U.S. export control policy for the PRC, establishing Authorization VEU and identifying the PRC as the initial eligible destination.

01/13/10
75 FR 1699
Addition of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States and Entry Modified for Clarification
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This rule amends the Export Administration Regulations (EAR) by adding fifteen persons under sixteen entries to the Entity List (Supplement No. 4 to Part 744) on the basis of Section 744.11 of the EAR. This rule also amends one entry by adding an additional address for this person listed on the Entity List. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) 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.

12/24/09
74 FR 68370
Updated Statements of Legal Authority to Reflect Continuation of Emergency Declared in Executive Order 12938 and Changes to the United States Code
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This rule updates nine EAR authority citation paragraphs to reflect 1) the continuation of the declaration of emergency regarding weapons of mass destruction first declared under Executive Order 12938 and 2) a technical change to the United States Code (USC) that transferred provisions regarding export of horses by sea from one USC title to another. This rule makes no change to the text of the EAR and does not create, remove or alter any right, duty or obligation of any person with respect to the EAR.

12/23/09
74 FR 68147
Authorization Validated End-User: Amendment to Existing Validated End-User Authorizations in the People’s Republic of China (PRC) and India
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This rule suspends the availability of Authorization Validated End User (VEU) to one entity in the People's Republic of China and one entity in India. Authorization VEU allows the export, reexport or transfer (in country) of certain items to specified civil end-users via a general authorization rather than multiple individual licenses.

12/23/09
74 FR 68146
Removal of Entry From the Entity List: Person Removed Based on Removal Request
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The rule removes one person from the Entity List based on a request for removal. The Entity List is a list of individuals and organizations for whom certain exports or reexports require a license from BIS. The rule and itrs preamble, identify the person removed and the reason for the removal. The list is published as Supplement No. 4 to part 744 of the Export Administration Regulations (15 C.F.R. part 744, Supp. No. 4).

12/23/09
74 FR 68142
Amendments to the Export Administration Regulations (EAR) Based upon the Accession of Albania and Croatia to Formal Membership in the North Atlantic Treaty Organization (NATO)
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This rule amends the Export Administration Regulations (EAR) to reflect the accession of Albania and Croatia to formal membership in the North Atlantic Treaty Organization (NATO) on April 1, 2009. Consistent with the EAR license requirements and licensing policies that apply to members of NATO, this final rule amends the EAR to remove certain crime control (CC), national security (NS), and regional stability (RS) license requirements for these two countries. The extent to which these license requirements are affected is described, in detail, in the rule, itself.

12/11/09
74 FR 66000
Wassenaar Arrangement 2008 Plenary Agreements Implementation: Categories 1, 2, 3, 4, 5 Parts I and II, 6, 7, 8 and 9 of the Commerce Control List, Definitions, Reports
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This rule revises the EAR by amending certain entries that are controlled for national security reasons in Categories 1, 2, 3, 4, 5 Part I (telecommunications), 5 Part II (information security), 6, 7, 8, and 9; adding new entries to the CCL, revising reporting requirements and adding and amending EAR Definitions to implement Wassenaar List revisions that were agreed upon in the December 2008 Wassenaar Arrangement Plenary Meeting. This rule also adds or expands unilateral U.S. export controls and national security export controls on certain items to make them consistent with the amendments made to implement the Wassenaar Arrangement's decisions. The Wassenaar Agreements that pertain to ECCNs 6A002, 6A003, and all related ECCNs will be implemented in a separate rule, because of the sensitivity of the items and complexity of procedures and controls for these items.

12/10/09
74 FR 65661
Implementation of the Wassenaar Arrangement's (WA) Task Force on Editorial Issues (TFEI) Revisions
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The Wassenaar Arrangement (WA) Task Force on Editorial Issues (TFEI) made revisions, editorial in nature, to clarify, remove extraneous text or correct text that appears in Export Control Classification Numbers (ECCNs) on the Commerce Control List of the Export Administration Regulations. The TFEI revisions (over 2,000) were agreed upon by the WA in December 2007. The WA implementation rules for 2007 and 2008 contain only the TFEI revisions that coincided with the revisions to ECCNs affected by the 2007 and 2008 WA agreements. This rule implements the remaining TFEI revisions.

12/04/09
74 FR 63685
Issuance of Electronic Document and Related Recordkeeping Requirements
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This proposed rule would allow BIS to discontinue issuing paper copies of most export and reexport licenses, notices of denial of license applications, notices of return of a license application without action, classification results, License Exception AGR notification results and encryption review request results. It also would make changes to recordkeeping requirements related to the discontinuance of these paper documents. Comments are due by February 2, 2010.

11/09/09
74 FR 57581
Revisions to the Export Administration Regulations based on the 2008 Missile Technology Control Regime Plenary Additions
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This final rule amends the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were accepted by MTCR member countries at the November 2008 Plenary in Canberra, Australia. In addition, this rule also clarifies certain EAR controls to properly reflect the intent of changes to items that were previously accepted by MTCR members at past MTCR Plenary meetings.

10/15/09
74 FR 52880
The Bureau of Industry and Security (BIS) published the interim final rule entitled “ Encryption Simplification” on October 3, 2008 (73 FR 57495). This rule finalizes that rule, corrects errors published in the October 3, 2008 interim final rule, and resolves inconsistencies in that rule identified by the public.
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The Bureau of Industry and Security (BIS) published the interim final rule entitled “ Encryption Simplification” on October 3, 2008 (73 FR 57495). This rule finalizes that rule, corrects errors published in the October 3, 2008 interim final rule, and resolves inconsistencies in that rule identified by the public.

09/21/09
74 FR 48009
Updated Statements of Legal Authority for the Export Administration Regulations
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Since the expiration of the Export Administration Act in August 2001, parts 730 - 744 and 746 - 774 of the Export Administration Regulations have been continued in force pursuant to Executive Order 13222 and the annual notices continuing the emergency declared in that executive order. This rule revises the authority citation paragraphs of the affected EAR parts to cite the President’s notice of August 13, 2009, the most recent such notice.

09/08/09
74 FR 45990
Revisions to Certain End-User Controls under the Export Administration Regulations; Clarification Regarding License Requirements for Transfers (in-country) to Persons Listed on the Entity List
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This rule amends the Export Administration Regulations (EAR) by making revisions to three sections that are used by the United States Government as the basis for placing persons onto the Entity List. These three sections specified license requirements for exports and reexports to persons listed on the Entity List, however; the sections were silent regarding whether or not the scope of the licensing requirements included transfers (in-country). This rule adds transfers (in-country) to the scope of the license requirements under each of the three sections. As a result of adding transfers (in-country) to these three end-user controls, all of the end-use and end-user controls that are used as a regulatory basis for placing persons on the Entity List now specify that the scope of the license requirements includes exports, reexports, and transfers (in-country). The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) 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.

09/08/09
74 FR 45985
Cuba: Revisions to Gift Parcel and Baggage Restrictions, Creation of License Exception for Donated Consumer Communications Devices and Expansion of Licensing Policy Regarding Telecommunications
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This rule relaxes certain restrictions on the content, frequency, eligible donees and value of gift parcels being sent to Cuba under License Exception GFT. It removes the 44 limit on personal baggage for most travelers. It creates a new license exception for donated consumer communications devices. Finally, this rule revises the scope of existing licensing policy regarding certain telecommunications links including satellite radio and satellite television services.

08/11/09
74 FR 40117
Revisions to the Commerce Control List to Update and Clarify Crime Control License Requirements
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This proposed rule is part of an on-going review of crime control license requirements. The rule would make some additions to, removals from and revisions to Commerce Control List entries that are subject to crime control license requirements. The comment period closes on September 25, 2009.

07/21/09
74 FR 35797
Addition and Removal of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States; Removal of Persons based on ERC Annual Review and Removal Requests; and Entry Modified for Purposes of Clarification
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This rule amends the Export Administration Regulations (EAR) by adding thirteen additional persons to the Entity List (Supplement No. 4 to Part 744) on the basis of Section 744.11 of the EAR. This rule also amends the EAR by removing three persons from the Entity List. BIS removes one of the three persons from the Entity List as a result of a determination made by the United States Government during the annual review of the Entity List conducted by the End-User Review Committee (ERC). The two remaining persons are removed from the Entity List in response to a request for removal. The Entity List 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.

08/11/09
74 FR 40117
Revisions to the Commerce Control List to Update and Clarify Crime Control License Requirements
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This proposed rule is part of an on-going review of crime control license requirements. The rule would make some additions to, removals from and revisions to Commerce Control List entries that are subject to crime control license requirements. The comment period closes on September 25, 2009.

07/21/09
74 FR 35797
Addition and Removal of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States; Removal of Persons based on ERC Annual Review and Removal Requests; and Entry Modified for Purposes of Clarification
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This rule amends the Export Administration Regulations (EAR) by adding thirteen additional persons to the Entity List (Supplement No. 4 to Part 744) on the basis of Section 744.11 of the EAR. This rule also amends the EAR by removing three persons from the Entity List. BIS removes one of the three persons from the Entity List as a result of a determination made by the United States Government during the annual review of the Entity List conducted by the End-User Review Committee (ERC). The two remaining persons are removed from the Entity List in response to a request for removal. The Entity List 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.

07/06/09
74 FR 31850
Implementation of the 2008 Australia Group (AG) Intersessional Decisions; Additions to the List of States Parties to the Chemical Weapons Convention (CWC)
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This rule amends the Export Administration Regulations (EAR) to implement the 2008 Australia Group (AG) intersessional decisions by revising Export Control Classification Number (ECCN) 2B350.g on the Commerce Control List (CCL) to control valves (including casings or preformed casing liners therefor) made from certain ceramic materials, by revising ECCN 2B351 to clarify that it controls certain types of dedicated detecting components for toxic gas monitoring systems, and by adding a new ECCN 2D351 to control dedicated software for toxic gas monitoring systems and their dedicated detecting components controlled under ECCN 2B351. This rule also amends the EAR to update the list of States Parties to the Chemical Weapons Convention (CWC) in Supplement No. 2 to Part 745 of the EAR by adding “Bahamas,” “Dominican Republic,” “Iraq,” and “Lebanon,” which recently became States Parties to the CWC.

07/02/09
74 FR 31620
Authorization Validated End-User (VEU): List of Approved End-Users and Respective Eligible Items for India
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This final rule amends Supplement No. 7 to Part 748 of the EAR to identify a company, with eligible facilities, in India as a VEU and to identify the items that may be exported, reexported or transferred to it and its approved facilities under Authorization VEU. This new entry is for GE India. Supplement 7 to Part 748 identifies the specific Export Control Classification Numbers (ECCNs) and facilities. The ECCNs in the Supplement define the materials, material and aerospace technologies, and explosive detection equipment, software and technology matched to the respective GE India facility names and addresses. In a final rule published in the Federal Register on October 1, 2007, (72 FR 56010, October 1, 2007), BIS identified India as a eligible destination under Authorization VEU.

05/22/09
74 FR 23941
Revisions to License Requirements and License Exception Eligibility for Certain Thermal Imaging Cameras and Foreign Made Military Commodities Incorporating Such Cameras
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This rule also removes Commerce Control List (CCL) based export and reexport license requirements with respect to 36 destinations for certain thermal imaging cameras when they are not incorporated into military commodities and if they are not being exported or reexported to be embedded in a civil product. It imposes a semi-annual reporting requirement on the transactions from which it removes the CCL based license requirements. This rule also imposes a license requirement on certain foreign made military commoditie4s that incorporate certain thermal imaging cameras.

05/06/09
74 FR 20870
Removal of T 37 Jet Trainer Aircraft and Parts from the Commerce Control List
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This rule removes the T 37 jet trainer aircraft and parts from the Commerce Control List because they are subject to the export licensing jurisdiction of the Department of State, Directorate of Defense Trade Controls.

04/29/09
74 FR 19382
Additions and Revisions to the List of Approved End-Users and Respective Eligible Items for the People’s Republic of China (PRC) Under Authorization Validated End-User (VEU)
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In this final rule, the Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to add a name to the list of end-users for the People's Republic of China (PRC) approved to receive exports, reexports and transfers of certain items under Authorization Validated End-User (VEU). This rule also amends the EAR to add and revise eligible items and destinations for existing VEU authorizations. Specifically, this rule amended the EAR to authorize one additional VEU and identify its respective eligible items for export and reexport to the PRC. This rule also amended the authorizations of two pre-existing VEUs in the PRC. Finally, this rule makes a modification to the listed name of an existing VEU in the PRC. In a final rule published in the Federal Register on June 19, 20007, BIS revised and clarified U.S. export control policy for the PRC, establishing Authorization VEU and identifying the PRC as the initial eligible destination. In a final rule published in the Federal Register on October 19, 2007, BIS published the names of the first five validated end-users in the PRC that were approved to receive certain specified items under Authorization VEU.

03/18/09
74 FR 11472
Removal and Modification of Certain Entries from the Entity List: Person Removed or Modified Based on ERC Annual Review
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This rule amends the Export Administration Regulations (EAR) by removing two persons from the Entity List (Supplement No. 4 to Part 744). These persons are being removed from the Entity List because of determinations made by the United States Government during the annual review of the Entity List conducted by the End-User Review Committee (ERC). This rule also makes a clarification for two persons that were listed on the Entity List prior to this rule being published to revise the addresses provided for these listed persons. The Entity List 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.

02/24/09
74 FR 8182
Removal and Modification of Certain Entries From the Entity List: Person Removed Based on Removal Request and Clarification of Certain Entries
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This final rule amends the Export Administration Regulations (EAR) by removing a person from the Entity List (Supplement No. 4 to Part 744). This person is being removed from the Entity List because the End-User Review Committee (ERC) decided to approve this person’s request for removal from the Entity List. This rule also makes a clarification for two persons that were listed on the Entity List prior to this rule being published to revise the addresses provided for these listed persons. The Entity List 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.

01/15/09
74 FR 2355
License Requirements Policy for Iran and for Certain Weapons of Mass Destruction Proliferators
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This rule revises and clarifies the Export Administration Regulations (EAR) provisions that apply specifically to Iran in order to promote consistency, reduce redundancy and clarify the role of the Bureau of Industry and Security (BIS) in connection with the implementation of United States export control policy towards Iran. It establishes a new license requirement for reexports of items classified under ten Export Control Classification Numbers (ECCNs) that previously did not require a license for reexport to Iran under the EAR. This rule also imposes license requirements on parties who have been listed as proliferators of weapons of mass destruction or as supporters of such proliferators pursuant to Executive Order 13382. BIS is making these changes to provide greater clarity and consistency with respect to policies towards Iran and to harmonize BIS license requirements with Department of the Treasury license requirements regarding proliferators of weapons of mass destruction.

01/08/09
74 FR 770
Burma: Revision of Restrictions on Exports, Reexports and Transfers to Persons Whose Property and Interests in Property Are Blocked Pursuant to Executive Orders
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In response to the Government of Burma's continued repression of the democratic opposition in Burma, and consistent with Executive Order 13047 of May 20, 1997, Executive Order 13310 of July 28, 2003, Executive Order 13448 of October 18, 2007, and the Trade Sanctions Reform and Export Enhancement Act (Title IX of Pub. L. 106-387), the Bureau of Industry and Security (BIS) previously amended the Export Administration Regulations (EAR) on October 24, 2007 to impose a license requirement for most exports, reexports, or transfers of items subject to the EAR to persons whose property and interests in property are blocked pursuant to those Executive Orders. In light of the Government of Burma's continued repression of the democratic opposition in Burma and unwillingness to respond to the calls of the Burmese people for genuine dialogue that will lead to a democratic transition in Burma, this final rule amends the EAR to extend these existing licensing requirements to persons whose property and interests in property are blocked pursuant to Executive Order 13464 of April 30, 2008.

01/06/09
74 FR 413
Request for Public Comment on Foreign Produced Encryption Items That are made from U.S.-origin Encryption technology or software
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To determine the appropriate extent and scope of U.S. export controls on foreign products that are direct products of U.S. origin encryption technology or software, BIS is considering making subject to the Export Administration Regulations (EAR) all foreign items that would be controlled for Encryption Items (“EI”) reasons under the EAR (i.e., that would be classified under ECCN 5A002 or 5D002) if they are the direct product of U.S.-origin ECCN 5E002 technology or ECCN 5D002 software. BIS is seeking information regarding the impact this change would have on both U.S. exporters of encryption technology and software and foreign manufacturers of products that are derived in part or whole from U.S.-origin encryption technology or software. Comments are due March 9, 2009.

12/15/08
73 FR 75942
Export Administration Regulations: Authority Citations Updates and Technical Corrections
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This rule revises the authority citation paragraphs for 14 parts of the Export Administration Regulations to include citations to the most recent presidential notices that extend authority for those parts or to remove an outdated citation or both. This rule also updates addresses, telephone numbers, procedures and a definition, removes some potentially confusing language, makes a necessary conforming change to one Export Control Classification Number (ECCN) and restores some language that was dropped during a Code of Federal Regulations compilation. BIS is making these changes to clarify the regulations and to provide accurate authority citations for the Code of Federal Regulations edition that is to be compiled as of January 1, 2009.

12/08/08
73 FR 74348
Conforming Changes to Certain End-User/End-Use Based Controls in the EAR; Clarification of the Term ``Transfer'' and Related Terms as Used in the EAR; Correction
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The Bureau of Industry and Security (BIS) published a final rule in the Federal Register on Tuesday, November 18, 2008 (73 FR 68321) that amended the Export Administration Regulations (EAR) to, among other things, clarify that the terms ``transferred'' and ``transfer'', in the context of two sections of the EAR, meant ``assigned to'' and ``assignment'', respectively. That final rule contained one inadvertent error in the amendatory instruction used for revising one of those two sections. This error in the amendatory instruction led to one sentence of the revised regulatory text to not be revised as was intended in the regulatory text of that final rule.
This document corrects that amendatory instruction error by revising that one sentence from that section.

12/05/08
73 FR 73999
Addition of Certain Persons to the Entity List: Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States
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This rule amends the Export Administration Regulations (EAR) by adding 15 persons to the Entity List (Supplement No. 4 to Part 744) on the basis of Section 744.11 of the EAR. This rule is the second rule to add persons to the Entity List on the basis of Section 744.11. These additional persons being added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. The Entity List 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.

12/03/08
73 FR 73547
Clarification of Export Control Jurisdiction for Civil Aircraft Equipment Under the Export Administration Regulations
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This final rule amends the Export Administration Regulations (EAR) to clarify how Section 17(c) of the Export Administration Act of 1979 (EAA) is implemented in the EAR in accordance with the Department of Commerce’s authority under the EAA. On August 14, 2008, the Department of State published a final rule amending Part 121 of the International Traffic in Arms Regulations (ITAR) to clarify how Section 17(c) of the EAA is implemented in relation to the ITAR (73 FR 47523). This final rule provides guidance to assist the regulated public in determining what civil aircraft equipment (including parts, accessories, attachments, and components) is subject to the EAR based upon the statutory criteria of the EAA.

11/20/08
73 FR 70322
Request for Public Comments on the Prospect of Removing 7A Commodities from De Minimis Eligibility.
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The Bureau of Industry and Security (BIS) is seeking public comment on the prospect of removing from de minimis eligibility commodities controlled for missile technology (MT) reasons under Category 7 - Product Group A on the Commerce Control List except when the 7A commodities are incorporated as standard equipment in Federal Aviation Administration (FAA) (or national equivalent) certified civilian transport aircraft. If such a policy were implemented, foreign made items that incorporate U.S.-origin 7A commodities would be subject to the Export Administration Regulations, except when the 7A commodities are incorporated as standard equipment in FAA (or national equivalent) certified civilian transport aircraft. Specifically, BIS is seeking public input on the impact such a change would have on U.S. manufacturers of category 7A commodities, as well as the impact such a change would have on foreign manufacturers that incorporate U.S.-origin 7A commodities into their foreign-made products. Comments are due January 20, 2009.

11/18/08
73 FR 68321
Conforming Changes to Certain End-User/End-Use Based Controls in the EAR; Clarification of the Term "Transfer" and Related Terms as Used in the EAR
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In this final rule, the Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by making conforming changes in certain end-user/end-use controls in the EAR to ensure that the terminology used to describe each type of end-user/end- use control is consistent, to the fullest extent possible, with the terminology in other such controls in the EAR. The amendments in this rule clarify that a party cannot proceed with an export, reexport, or transfer (in-country) that is in transit at the time the party is informed by BIS that a license is required (in accordance with certain end-user/end-use controls in the EAR), unless that party first obtains a license from BIS authorizing the completion of the transaction. These changes are intended to enhance the ability of BIS to stop items subject to the EAR, including items not on the Commerce Control List, from being exported, reexported or transferred (in-country) when there is an unacceptable risk that such items will be used in, or diverted to, any of the proliferation activities specified in certain sections of the EAR. This rule also amends the EAR by revising the definition of the term ``transfer'' and certain related terms, to provide greater clarity regarding these provisions. BIS published these amendments in proposed form in the Federal Register with a request for comments.

11/03/08
73 FR 65258
Wassenaar Arrangement Plenary Agreements Implementation: December 2007 Categories 1, 2, 3, 5 Parts I and II, 6, 7, and 9 of the Commerce Control List, Definitions; December 2006 Solar Cells; Correction
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Wassenaar Arrangement Plenary Agreements Implementation: December 2007 Categories 1, 2, 3, 5 Parts I and II, 6, 7, and 9 of the Commerce Control List, Definitions; December 2006 Solar Cells; Correction

10/14/08
73 FR 60910
Wassenaar Arrangement Plenary Agreements Implementation: December 2007 Categories 1, 2, 3, 5 Parts I and II, 6, 7, and 9 of the Commerce Control List, Definitions; December 2006 Solar Cells
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The Bureau of Industry and Security (BIS) maintains the Commerce Control List (CCL), which identifies items subject to Department of Commerce export controls. This final rule revises the Export Administration Regulations (EAR) to implement changes made to the Wassenaar Arrangement's List of Dual Use Goods and Technologies (Wassenaar List) maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies (Wassenaar Arrangement, or WA). The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability. To harmonize with the changes to the Wassenaar List, this rule revises the EAR by amending certain entries that are controlled for national security reasons in Categories 1, 2, 3, 5 Part I (telecommunications), 5 Part II (information security), 6, 7, and 9; adding new entries to the Commerce Control List (CCL), and amending EAR Definitions, as well as adding definitions. This rule also implements the Wassenaar List provisions regarding solar cells agreed upon in the December 2006 plenary meeting.

10/06/08
73 FR 58033
Revisions to the Export Administration Regulations Based Upon a Systematic Review of the CCL
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This rule amends the Export Administration Regulations (EAR) to make revisions to the EAR as a result of a systematic review of the Commerce Control List (CCL) that was conducted by the Bureau of Industry and Security (BIS). This rule is the second phase of the regulatory implementation of the results of a review of the CCL that was conducted by BIS starting in 2007. The BIS CCL review benefited from input received from BIS's Technical Advisory Committees (TACs) and comments that were received from the interested public in response to the publication of a BIS notice of inquiry on July 17, 2007. The revisions in this rule include clarifications to existing controls, eliminating redundant or outdated controls, establishing more focused and rationalized controls, and adding additional controls for clarity or for consistency with international regimes.

10/03/08
73 FR 57554
Export Administration Regulations: Establishment of License Exception Intra-Company Transfer (ICT)
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This proposed rule would amend the Export Administration Regulations (EAR) to establish a new license exception entitled ``Intra-Company Transfer (ICT).'' This license exception would allow an approved parent company and its approved wholly-owned or controlled in fact entities to export, reexport, or transfer (in-country) many items on the Commerce Control List (CCL) among themselves for internal company use. Prior authorization from the Bureau of Industry and Security (BIS) would be required to use this license exception. This rule describes the criteria pursuant to which entities would be eligible to use License Exception ICT and the procedure by which they must apply for such authorization. This proposed rule is one of the initiatives in the export control directive announced by the President on January 22, 2008.

10/03/08
73 FR 57495
Encryption Simplification
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This interim final rule amends the Export Administration Regulations (EAR) to make the treatment of encryption items more consistent with the treatment of other items subject to the EAR, as well as to simplify and clarify regulations pertaining to encryption items. The restrictions pertaining to technical assistance by U.S. persons with respect to encryption items are removed, because the current export and reexport restrictions set forth in the EAR for technology already include technical assistance. This rule also removes License Exception KMI as it has become obsolete because of developments in uses of encryption. In addition, this rule removes notification requirements for items classified as 5A992, 5D992, and 5E992. This rule also increases certain parameters under License Exception ENC, which is intended to reflect advances in technology. This rule adds two new review and reporting requirement exclusion paragraphs under License Exception ENC for wireless ``personal area network'' items and for ``ancillary cryptography'' items. This rule also adds Bulgaria, Canada, Iceland, Romania, and Turkey to the list of countries that receive favorable treatment under License Exception ENC. Commodities and software pending mass market review may no longer be exported under ECCNs 5A992 and 5D992 using No License Required (NLR). However, once the mass market review has been received by BIS, then such commodities and software may be exported using License Exception ENC under ECCNs 5A002 and 5D002. This rule will reduce the paperwork burden on the public by 9% (annual dollar amount savings of approximately $14,000 to the public and $5,000 to the U.S. Government), because of the removal of certain notification requirements, addition of countries to the list of those receiving favorable treatment under License Exception ENC, and the increase of reporting and review requirement exclusions. The Departments of Commerce, State and Defense will continue to review export control, license review policies, and license exceptions for encryption items in the EAR.

10/01/08
73 FR 56964
De Minimis U.S. Content in Foreign Made Items
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The Department of Commerce is revising the provisions of the Export Administration Regulations (EAR) that pertain to foreign-made items that incorporate controlled U.S.-origin items, i.e., the EAR's ``de minimis'' rules. This rule amends the EAR to change the de minimis calculation for foreign produced hardware that is bundled with U.S.-origin software. This rule also clarifies the definition of `incorporate' as it is applied to the de minimis rules and to the medical statement of understanding. This rule also removes the requirement to submit a one-time report to the Bureau of Industry and Security for foreign-made software that incorporates U.S.-origin software. In addition, this rule revises the ``Steps for Using the EAR'' and General Prohibition Two with regard to the de minimis rules in order to reduce redundancies in the EAR and harmonize the provisions with other revisions made by this rule.

09/30/08
73 FR 56793
Revisions to the Unverified List--Guidance as to ``Red Flags'' Under Supplement No. 3 to 15 CFR Part 732
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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 (``PLC'') or post-shipment verifications (``PSV'') 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 in 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. 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. The notices also stated that, when warranted, BIS would remove persons from the Unverified List. This notice removes one entity from the Unverified List based upon recently conducted PSVs or scheduled PSVs. The entity is: Fuchs Oil Middle East Ltd., P.O. Box 7955, Sharjah Airport Intl. Free Zone, Sharjah, United Arab Emirates.

09/22/08
73 FR 54499
Addition of Certain Persons to the Entity List; Removal of General Order from the Export Administration Regulations (EAR)
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This rule amends the Export Administration Regulations (EAR) by adding 108 additional persons to the Entity List (Supplement No. 4 to Part 744) on the basis of Section 744.11 of the EAR. These additional persons being added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. The Entity List 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.

09/08/08
73 FR 52006
Effects of Foreign Policy-Based Export Controls
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The Bureau of Industry and Security (BIS) is reviewing the foreign policy-based export controls in the Export Administration Regulations (EAR) 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. Additionally, BIS is particularly interested in comments regarding the Entity List (Supplement No. 4 to part 744 of the EAR), including on its usefulness and format, as well as on the specific entities listed and the licensing policies and requirements assigned to each.

09/05/08
73 FR 51718
Clarification of the Classification of Crew Protection Kits on the Commerce Control List
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The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to clarify that crew protection kits used as protective cabs on construction equipment are on the Wassenaar Arrangement Munitions List and are correctly classified on the Commerce Control List in the entry that applies to construction equipment built to military specifications.

09/02/08
73 FR 51217
Addition of Kosovo in the Export Administration Regulations
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The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to establish export licensing requirements for Kosovo.

08/22/08
73 FR 49645
Reopening of Request for Public Comments on Deemed Export Advisory Committee Recommendations: Narrowing the Scope of Technologies on the Commerce Control List Subject to Deemed Export Licensing Requirements and Implementing a More Comprehensive Set of Criteria for Assessing Probable Country Affiliation for Foreign Nationals
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This notice reopens the comment period on the notice of inquiry (73 FR 28795) that sought comments regarding two specific recommendations made by the Deemed Export Advisory Committee (DEAC) with respect to the Bureau of Industry and Security's (BIS's) deemed export licensing policy. The new comment period deadline is September 22, 2008.

08/21/08
73 FR 49331
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
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The Entity List (Supplement No. 4 to Part 744 of the Export Administration Regulations (EAR)) provides notice to the public that certain exports and reexplores 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 rule expands the scope of reasons for adding parties to the Entity List. This rule also amends the 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 sets procedures for addressing such requests.

08/21/08
73 FR 49323
Mandatory Electronic Filing of Export and Reexport License Applications, Classification Requests, Encryption Review Requests, and License Exception AGR notifications
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This rule requires that export and reexport license applications, classification requests, encryption review requests, License Exception AGR notifications and related documents be submitted to the Bureau of Industry and Security (BIS) via its Simplified Network Application Process (SNAP-R) system. This requirement does not apply to applications for Special Comprehensive Licenses or in certain situations in which BIS authorizes paper submissions.

07/08/08
73 FR 38908
Implementation of the Understandings Reached at the April 2008 Australia Group (AG) Plenary Meeting; Additions to the List of States Parties to the Chemical Weapons Convention (CWC)
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This rule amends the Export Administration Regulations (EAR) to implement the understandings reached at the April 2008 AG plenary meeting by revising the listing for avian influenza viruses in Export Control Classification Number (ECCN) 1C352.a.2 to replace the description of highly pathogenic avian influenza (HPAI) with language that is based on the definition currently used by the World Organization for Animal Health (OIE). In addition, this rule amends the Chemical Weapons Convention (CWC) reporting requirements in Sections 745.1(a)(2) and (b)(3) and 745.2(a)(2) of the EAR by updating the fax number and address for submitting the advance notifications and annual reports required for exports of CWC Schedule 1 chemicals and the End-Use Certificates required for certain exports of CWC Schedule 3 chemicals. Finally, this rule amends the list of CWC States Parties in Supplement No. 2 to part 745 of the EAR by adding the “Republic of the Congo” and “Guinea-Bissau,” which recently became State Parties.

06/16/08
73 FR 33882
Revisions to the Export Administration Regulations based on the 2007 Missile Technology Control Regime Plenary Agreements
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This final rule amends the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the November 2007 Plenary in Athens, Greece. The amendments in this rule include revising the technical notes to the definition of the term "payload" in section 772.1 to include munitions supporting structures and deployment mechanisms under paragraphs (e)(5) and (e)(7). The amendments in this rule to the Commerce Control List (CCL)(Supplement No. 1 to Part 774) include revisions to Export Control Classification Numbers (ECCNs) 1C111, 1C116, 2B116 and 9B106.

06/13/08
73 FR 33671
Expansion of the Gift Parcel License Exception Regarding Cuba to Authorize Mobile Phones and Related Software and Equipment
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This final rule revises a license exception in the Export Administration Regulations (EAR) to allow the export of mobile phones as gifts sent by individuals to eligible recipients in Cuba. The Bureau of Industry and Security (BIS) is taking this action to provide support for individuals to support democracy-building efforts for Cuba by enabling the free exchange of information among Cuban citizens and with persons in other countries.

05/08/2008
73 FR 26000
Technical Corrections to the Export Administration Regulations Based Upon a Systematic Review of the CCL; Correction
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The Bureau of Industry and Security published a final rule in the Federal Register on April 18, 2008 (73 FR 21035), that amended the Export Administration Regulations (EAR) to make various technical corrections and clarifications to the EAR as a result of a systematic review of the CCL. The amendments in that final rule included a revision to the ``Unit'' paragraph in the List of Items Controlled section of Export Control Classification Number (ECCN) 9A004. However, because of an inadvertent formatting error in a rule published on March 18, 1999 (64 FR 13338), the ``Related Controls'' paragraph in that CCL entry appeared to be a part of the ``Unit'' paragraph. This resulted in the inadvertent removal of the ``Related Controls'' paragraph in the List of Items Controlled section of that ECCN entry when the ``Unit'' paragraph was revised with the publication of the April 18, 2008, rule. Today's rule corrects that inadvertent removal by adding the ``Related Controls'' paragraph back into that ECCN entry.

04/18/2008
73 FR 21076
Conforming Changes to Certain End-User/End-Use Based Controls in the EAR; Clarification of the Term ``Transfer'' and Related Terms as Used in the EAR
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The Bureau of Industry and Security (BIS) proposes to amend the Export Administration Regulations (EAR) by making conforming changes in certain end-user/end-use controls in the EAR to ensure that the terminology used to describe each type of end-user/end-use control is consistent, to the fullest extent possible, with the terminology in other such controls in the EAR. The proposed amendments would clarify that a party cannot proceed with an export, reexport, or transfer (in-country) that is in transit at the time the party is informed by BIS that a license is required (in accordance with certain end-user/end-use controls in the EAR), unless that party first obtains a license from BIS authorizing the completion of the transaction. These proposed changes to part 744 are intended to enhance the ability of BIS to stop items subject to the EAR, including items not on the Commerce Control List, from being exported, reexported or transferred (in-country) when there is an unacceptable risk that such items will be used in, or diverted to, any of the proliferation activities specified in Sec. Sec. 744.2, 744.3, 744.4 and 744.6 of the EAR. This rule also proposes to amend the EAR by revising the definition of the term ``transfer'' and certain related terms, to provide greater clarity regarding these provisions.

04/18/2008
73 FR 21035
Technical Corrections to the Export Administration Regulations Based Upon a Systematic Review of the CCL
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This final rule amends the Export Administration Regulations (EAR) to make various technical corrections and clarifications to the EAR as a result of a systematic review of the Commerce Control List (CCL) that was conducted by the Bureau of Industry and Security (BIS). This rule is the first phase of the regulatory implementation of the results of a review of the CCL that was conducted by BIS starting in 2007. The BIS CCL review benefited from input received from BIS’s Technical Advisory Committees (TACs) and comments that were received from the interested public in response to the publication of a BIS notice of inquiry on July 17, 2007 (72 FR 39052).

03/19/2008
73 FR 14769
Request for Public Comments on Crime Control License Requirements in the Export Administration Regulations
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The Bureau of Industry and Security is seeking public comment on the crime control export and reexport license requirements contained in the Export Administration Regulations. Specifically, BIS is seeking public input on whether the scope of items currently subject to crime control license requirements should be revised to add or remove items. BIS is also seeking public comments on whether the destinations to which crime control license requirements apply should be revised.

02/28/2008
73 FR 10668
Expanded Authorization for Temporary Exports and Reexports of Tools of Trade to Sudan
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This rule increases the number of end-uses for which certain computers and relate equipment and telecommunicates devices may be exported temporarily to Sudan “tools of trade” for persons doing humanitarian and development work in that country under a license exception. It also makes more types of commodities eligible under the category “tools of trade” for purposes of this license exception and authorizes reexports under this provision to the same extent as exports are authorized.

02/05/2008
73 FR 6603
December 2006 Wassenaar Arrangement Plenary Agreement Implementation: Categories 1, 3, 6, and 7 of the Commerce Control List; Wassenaar Reporting Requirements
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On November 5, 2007, the Bureau of Industry and Security published a final rule that amended the Export Administration Regulations (EAR) to implement the agreement reached at the December 2006 plenary meeting of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies. This rule corrects errors from the November 5th rule in Parts 742 and 744, and Categories 1, 3, 6 and 7 on the Commerce Control List. In particular, this rule corrects the exception language for License Exceptions GBS and CIV under ECCN 6A005 (Lasers). In addition, this rule replaces the listing of "3B001.f.2" with "3B001.f.3" for the Validated End-User (VEU) Applied Materials China, Ltd in Supplement No 7 to Part 748, which is necessary because of the redesignation of 3B001.f.2 as 3B001.f.3 in the November 5th rule.

01/02/2008
73 FR 32
Revisions and Technical Corrections to the Export Administration Regulations and the Defense Priorities and Allocations System Regulation
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This rule amends the Export Administration Regulations (EAR) by making the following changes: Removing the post office box address for the Bureau of Industry and Security (BIS), updating the contact information for the San Jose field office, reinserting missing footnotes in sections describing License Exceptions, removing certain non-Country Group D countries from Country Group D, correcting formatting in the supplement listing items subject to the military end- use license requirement for the People's Republic of China (PRC), correcting the Code of Federal Regulations legal authority citation for part 745 of the EAR, removing a reference to Libya under embargoed destinations, adding fax information for submitting a request for approval to submit applications electronically, clarifying the requirements for obtaining an Import Certificate or an End-User Statement, changing Validated End-User report requirements, amending the contact information for the Ministry of Commerce of the PRC, making a technical correction to shipping tolerances, and removing references to certain entries on the Commerce Control List. In addition, this rule amends the Defense Priorities and Allocations System (DPAS) Regulation by updating an office name and by removing a reference to a form.

12/12/2007
72 FR 70509
Revisions to License Exceptions TMP and BAG: Expansion of Eligible Items
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This rule amends the Export Administration Regulations (EAR) to expand the availability of License Exceptions Temporary Imports, Exports, and Reexports (TMP) and Baggage (BAG) to allow for certain temporary exports and reexports of technology by U.S. persons to U.S. persons or their employees traveling or temporarily assigned abroad.

11/07/2007
72 FR 62768
Expanded Licensing Jurisdiction for QRS11 Micromachined Angular Rate Sensors
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This final rule amends the Export Administration Regulations (EAR) to implement the transfer of licensing jurisdiction for QRS11-00100-100/101 and the QRS11-00050-443/569 Micromachined Angular Rate Sensors from the Department of State to the Department of Commerce (see Public Notice 5823, published in 72 FR 31452-31453, June 7, 2007) when the QRS11-00100-100/101 is integrated into a primary instrument system for use on civil aircraft or is exported solely for integration into such a system, or when the QRS11-00050-443/569 is integrated into an automatic flight control system of the type described in ECCN 7A994 or aircraft of the type described in ECCN 9A991 that incorporates such systems, or are exported solely for integration into such a system.

11/05/2007
72 FR 62523
December 2006 Wassenaar Arrangement Plenary Agreement Implementation: Categories 1, 2, 3, 5 Part I, 6, 7, 8, and 9 of the Commerce Control List; Wassenaar Reporting Requirements; Definitions; and Statement of Understanding on Source Code
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The Bureau of Industry and Security (BIS) maintains the Commerce Control List (CCL), which identifies items subject to Department of Commerce export controls. This final rule revises the Export Administration Regulations (EAR) to implement changes made to the Wassenaar Arrangement's List of Dual Use Goods and Technologies (Wassenaar List), and Statements of Understanding maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies (Wassenaar Arrangement, or WA).

10/31/2007
72 FR 61512
Approved End-Users and Respective Eligible Items for the People's Republic of China (PRC) Under Authorization Validated End-User (VEU); Correction
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The Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to list names of end-users in the People's Republic of China (PRC) approved to receive exports, reexports and transfers of certain items under Authorization Validated End-User (VEU). The rule identified five specific validated end-users. This final rule amends the EAR to correct an inadvertent omission in the list of items approved for one of those validated end-users.

10/24/2007
72 FR 60408
Approved End-Users and Respective Eligible Items for the People's Republic of China (PRC) Under Authorization Validated End-User (VEU); Correction
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In rule document E7-20642 beginning on page 59164 in the issue of Friday, October 19, 2007, make the following correction: On page 59164, in the first column, under the heading dates, in the first and second lines, ``November 19, 2007'' should read ``October 19, 2007''.

10/24/2007
72 FR 60248
Burma: Revision of the Export Administration Regulations
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In response to the Government of Burma's continued repression of the democratic opposition in Burma, and consistent with Executive Order 13310 of July 28, 2003 and Executive Order 13448 of October 18, 2007, this final rule amends the Export Administration Regulations (EAR) to move Burma into more restrictive country groupings and impose a license requirement for exports, reexports or transfers of most items subject to the EAR to persons listed in or designated pursuant to Executive Orders 13310 and 13448.

10/19/2007
72 FR 59231
Mandatory Electronic Filing of Export and Reexport License Applications, Classification Requests, Encryption Review Requests, and License Exception AGR Notifications
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This proposed rule would require that export and reexport license applications, classification requests, encryption review requests, License Exception AGR notifications and related documents be submitted to the Bureau of Industry and Security (BIS) via its Simplified Network Application Process (SNAP-R) system. This requirement would not apply to applications for Special Comprehensive Licenses or in certain situations in which BIS would authorize paper submissions.

10/19/2007
72 FR 59164
Approved End-Users and Respective Eligible Items for the People's Republic of China (PRC) Under Authorization Validated End-User (VEU)
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In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to list names of end-users in the People's Republic of China (PRC) approved to receive exports, reexports and transfers of certain items under Authorization Validated End-User (VEU). In a final rule published in the Federal Register, BIS revised and clarified U.S. export control policy for the PRC, establishing Authorization VEU and identifying the PRC as the initial eligible destination. This rule identifies five specific validated end-users.

10/02/2007
72 FR 56010
Authorization Validated End-User: Addition of India as an Eligible Destination
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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.

09/12/2007
72 FR 52000
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)
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This rule amends the Export Administration Regulations (EAR) to implement the understandings reached at the June 2007 AG plenary meeting by amending ECCN 1C352 to narrow the scope of the listing for mycoplasma mycoides (this change is coupled with conforming changes to ECCN 1C360). In addition, this rule updates the Technical Note to ECCN 2B352.a to reference the current edition of the World Health Organization “Laboratory Biosafety Manual.” This rule also amends provisions in parts 738, 740, and 772 of the EAR to reflect the addition of “Croatia” as the newest AG participating country. Finally, this rule amends the list of CWC States Parties in Supplement No. 2 to part 745 of the EAR by adding Barbados, which recently became a State Party, and by clarifying the scope of the entry for “China.”

09/06/2007
72 FR 51213
Request for Public Comments on a Systematic Review of the Commerce Control List
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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. The July 17 notice of inquiry indicated that the deadline for public comments closes on September 17, 2007. BIS is now extending the comment period until November 1, 2007.

09/05/2007
72 FR 50912
Effects of Foreign Policy-Based Export Controls
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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.

09/05/2007
72 FR 50869
Updated Statements of Legal Authority for the Export Administration Regulations
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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.

08/06/2007
72 FR 43529
Technical Corrections to the Export Administration Regulations
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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.

07/17/2007
72 FR 39052
Request for Public Comments on a Systematic Review of the Commerce Control List
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With this notice of inquiry, 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. Comments must be received by September 17, 2007.

07/17/2007
72 FR 39009
Export Licensing Jurisdiction for Microelectronic Circuits
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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.

07/17/2007
72 FR 38999
Antiboycott Penalty Guidelines
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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.

07/12/2007
72 FR 38008
Addition of Entities to the Entity List
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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.

07/05/2007
72 FR 36655
Revision to the Unverified List--Guidance as to "Red Flags"
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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").

06/19/2007
72 FR 33646
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
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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.

06/08/2007
72 FR 31716
Amendment to General Order No. 3: Expansion of the General Order and Addition of Certain Persons
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This final rule revises 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. 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. 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.

06/07/2007
72 FR 31450
Additional Corrections to the Rule That Implemented the New Formula for Calculating Computer Performance: Adjusted Peak Performance (APP) in Weighted TeraFLOPS
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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.

06/05/2007
72 FR 31005
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
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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. To be assured of consideration, comments on this proposed rule must be received by BIS on or before August 6, 2007.

05/11/2007
72 FR 26780
Action Affecting Export Privileges; Khalid Mahmood
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The Bureau of Industry and Security, U.S. Department of Commerce (``BIS'') has notified Khalid Mahmood (hereinafter referred to as ``Mahmood'') of its intention to initiate an administrative proceeding against Mahmood pursuant to Section 766.3 of the Export Administration Regulations (currently codified at 15 CFR parts 730-774 (2006)) (``Regulations'') \1\ and Section 13(c) of the Export Administration Act of 1979, as amended (50 U.S.C. app. sections 2401-2420 (2000)) (``Act''),\2\ by issuing a proposed charging letter to Mahmood that alleged that Mahmood committed six violations of the Regulations.

05/07/2007
72 FR 25680
Revisions to the Export Administration Regulations based on the 2006 Missile Technology Control Regime Plenary Agreements
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This final rule amends the Export Administration Regulations (EAR), to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the October 2006 Plenary in Copenhagen, Denmark. The amendments set forth in this rule also include adding a new Export Control Classification Number (ECCN) 7A107 to control three axis magnetic heading sensors designed or modified to be integrated with flight control and navigation systems.

05/04/2007
72 FR 25194
Updated Office Names, Office Addresses, Statements of Legal Authority and Statute Name and Citation
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This rule revises the address to which petitions for foreign availability assessments should be sent, revises office names and a statute name and citation. This rule also updates the legal authority citations for ten parts of the EAR.

04/24/2007
72 FR 20221
Revisions and Technical Correction to the Export Administration Regulations
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This rule amends the Export Administration Regulations (EAR) by making a technical correction to the contact information for the Drug Enforcement Administration. In addition, this rule amends the EAR by making corrections inadvertently omitted in three rules previously published in the Federal Register: 1) the August 31, 2006, final rule implementing the rescission of Libya’s designation as a state sponsor of terrorism; 2) the November 20, 2006, final rule imposing foreign policy controls on surreptitious communications intercepting devices; and 3) the January 26, 2007, final rule imposing restrictions on exports and reexports of luxury goods to the Democratic People’s Republic of Korea (North Korea).

03/22/07
72 FR 13440
Corrections to Rule that Implemented the New Formula for Calculating Computer Performance: Adjusted Peak Performance (APP) in Weighted TeraFLOPS
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This rule corrects errors that were published on April 24, 2006, in the rule that implemented the new formula for calculating computer performance in Weighted TeraFLOPS (71 FR 20876). These errors include references to Missile Technology controls that were removed by the April 24, 2006 rule, as well as errors related to scope of controls and license exceptions described in certain Export Control Classification Numbers.

03/19/07
72 FR 12729
Revisions to the Export Administration Regulations Based on U.S. Recognition of Montenegro as a Sovereign State; Correction
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The Bureau of Industry and Security (BIS) published a final rule in the Federal Register on Monday, November 27, 2006 (71 FR 68438) that amended the Export Administration Regulations (EAR) to add “Montenegro” and “Serbia” as separate countries in the EAR and to establish separate export licensing requirements for Montenegro and Serbia. The November 27, 2006, final rule omitted a conforming amendment to the list of States Parties to the Chemical Weapons Convention in the EAR. This document corrects that rule by listing Serbia and Montenegro as separate countries on that list.

03/06/07
72 FR 9847
Revisions and Clarifications of License Exception Availability, License Requirements and Licensing Policy for Certain Crime Control Items
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This rule removes the geographic restrictions on use of a license exception used to ship items to U.S. government agencies, applies those geographic restrictions on use of license exceptions to crime control software and technology, reclassifies thumbcuffs on the Commerce Control List, and restates and emphasizes BIS’s policy of distinguishing crime control items from specially designed implements of torture for export control purposes.

03/02/07
72 FR 9433
Addition of Entities to the Entity List
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This final rule amends the Export Administration Regulations (EAR) to add two entities located in the United Arab Emirates (U.A.E.) 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.

02/26/07
72 FR 8315
Country Group C: Destinations of Diversion Concern
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The Department of Commerce’s Bureau of Industry and Security (BIS) is considering amendments to the Export Administration Regulations (EAR) to further the national security interests of the United States by designating Country Group C for countries that are “Destinations of Diversion Concern.” This amendment would establish license requirements for exports and reexports to countries that represent a concern for the diversion of items subject to the EAR. BIS by this notice requests comments on Country Group C. Comments are due no later than close of business March 12, 2007.

01/29/07
72 FR 3943
Technical Corrections to the Export Administration Regulations and to the Defense Priorities and Allocations System (DPAS) Regulation
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This final rule amends the Export Administration Regulations (EAR) to remove an outdated reference to another agency's schedule that is no longer used by that other agency; to remove an outdated reference to another department's regulations and replace it with the department name and regulatory reference that is currently in use; to correct two references in the EAR that inadvertently directed the public to the wrong sections of the EAR for further information; and to correct contact information listed in the EAR. This rule also corrects a typographical error in a final rule published in the Federal Register on July 13, 2006 (71 FR 39526) that made administrative and technical corrections to the Defense Priorities and Allocations System (DPAS) Regulation (15 CFR part 700).

01/26/07
72 FR 3722
North Korea: Imposition of New Foreign Policy Controls
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In accordance with recent United Nations (UN) Security Council resolutions and the foreign policy interests of the United States, the United States Government is imposing restrictions on exports and reexports of luxury goods to the Democratic People's Republic of Korea (North Korea), and is continuing to restrict exports and reexports of nuclear or missile-related items and other items included on the Commerce Control List (CCL). To this end, the Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to impose license requirements for the export and reexport of virtually all items subject to the EAR to North Korea, except food and medicines not listed on the CCL.

11/27/06
71 FR 68438
Addition of ``Montenegro'' and ``Serbia'' as Separate Countries in the Export Administration Regulations Based on U.S. Recognition of Montenegro as a Sovereign State
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The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to add ``Montenegro'' and ``Serbia'' as separate countries in the EAR and to establish separate export licensing requirements for Montenegro and Serbia. BIS is taking this action to update the EAR to reflect the United States' recognition of Montenegro as a sovereign state by the United States.

11/24/06
71 FR 67786
Implementation of the Understandings Reached at the June 2006 Australia Group (AG) Plenary Meeting; Clarifications and Corrections; Additions to the List of States Parties to the Chemical Weapons Convention (CWC)
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This rule amends the Export Administration Regulations (EAR) to: implement the understandings reached at the June 2006 plenary meeting of the Australia Group (AG); correct errors in two AG-related Commerce Control List (CCL) entries; clarify certain AG-related license application requirements; and update the list of countries that currently are States Parties to the Chemical Weapons Convention (CWC). Specifically, this rule implements the understandings reached at the June 2006 AG plenary meeting by amending ECCN 1C351 to add certain fungi and toxins previously controlled under ECCN 1C360.a.2. and .a.3 (this change is coupled with conforming changes to ECCNs 1C360, 1C353, and 1C991) and by amending ECCN 2B350 to include certain chemical manufacturing facilities and equipment in which all surfaces that come in direct contact with the chemical(s) being processed or contained are made from niobium (columbium) or niobium alloys. This rule also corrects errors in ECCNs 1C350 and 1C355 and amends Section 742.2 of the EAR to add a new paragraph (e) that clarifies certain AG-related license application requirements. In addition, this rule revises Supplement No. 2 to Part 745 of the EAR by adding the Central African Republic and Comoros, which recently became States Parties to the CWC.

11/20/06
71 FR 67034
Imposition of Foreign Policy Controls on Surreptitious Communications Intercepting Devices
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The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by imposing new foreign policy export and reexport controls on devices primarily useful for the surreptitious interception of wire, oral, or electronic communications classified under Export Control Classification Number (ECCN) 5A980. In this rule, BIS also imposes controls on related software and technology by creating ECCNs 5D980 and 5E980. BIS is taking this action in order to prevent the unlawful interception of oral, wire, or electronic communications by terrorists and others who may put the information gained through intercepted communications to an unlawful use, to promote the protection of privacy of oral, wire, or electronic communications; and to protect against threats of terrorism around the world.

10/19/06
71 FR 61692
Proposed Rule Revisions and Clarification of Export and Reexport Controls for the People's Republic of China (PRC); New Authorization Validated End-User
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This notice extends the comment period on a July 6, 2006 proposed rule in which the Bureau of Industry and Security (BIS) proposed amending the Export Administration Regulations (EAR) to revise and clarify the United States' policy for exports and reexports of dual-use items to the People's Republic of China (PRC). All comments on the proposed rule must be received by no later than December 4, 2006.

10/18/06
71 FR 61435
Withdrawal of Proposed Rule: Revised "Knowledge" Definition, Revision of "Red Flags" Guidance and Safe Harbor
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BIS is withdrawing a proposed rule published October 2004. That rule would have revised the definition of "knowledge" in the Export Administration Regulations. It also would have updated the “red flags" guidance and would have provided a safe harbor from liability arising from knowledge under the definition of that term. In light of the public comments received on the proposed rule and BIS’s review of relevant provisions of the existing regulations, this proposed rule is being withdrawn.

09/13/06
71 FR 53964
Amendment to General Order No. 3: Addition of Certain Entities; Correction
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This correcting amendment corrects an inadvertent error in the final rule that was published by the Bureau of Industry and Security (BIS) on September 6, 2006 (71 FR 52426). In the September 6, 2006, final rule, the amendatory instruction for General Order No. 3 to Supplement No. 1 to part 736, paragraph (a)(1) did not specify that the entire paragraph (a)(1) was being revised. This document corrects that error by revising that paragraph of the general order.

09/07/06
71 FR 52955
December 2005 Wassenaar Arrangement Plenary Agreement Implementation: Categories 1, 2, 3, 5 Part I (Telecommunications), 5 Part II (Information Security), 6, 8, and 9 of the Commerce Control List; Wassenaar Reporting Requirements; Definitions; and Certain New or Expanded Export Controls
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The Bureau of Industry and Security (BIS) maintains the Commerce Control List (CCL), which identifies items subject to Department of Commerce export controls. This final rule revises the Export Administration Regulations (EAR) to implement changes made to the Wassenaar Arrangement's List of Dual-Use Goods and Technologies (Wassenaar List), and Statements of Understanding maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement, or WA.) The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability. To accommodate the changes to the Wassenaar List, this rule revises the EAR by amending certain entries that are controlled for national security reasons in Categories 1, 2, 3, 5 Part I (Telecommunications), 5 Part II (Information Security), 6, 8, and 9, and by amending the EAR Definitions.

09/06/06
71 FR 52428
Revisions to the Export Administration Regulations Based on the 2005 Missile Technology Control Regime Plenary Agreements; Correction
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The Bureau of Industry and Security (BIS) published a final rule in the Federal Register on Monday, July 31, 2006 (71 FR 43043) that amended the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the September 2005 Plenary in Madrid, Spain. The July 31, 2006, final rule contained an error in the amendatory language for ECCN 9A120. This document corrects that error by revising that section.

09/06/06
71 FR 52426
Amendment to General Order No. 3: Addition of Certain Entities
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The Bureau of Industry and Security is revising the Export Administration Regulations (EAR) by amending a general order published on June 5, 2006 in the Federal Register to add nine additional entities related to Mayrow General Trading. That general order imposed a license requirement for exports and reexports of all items subject to EAR where the transaction involved Mayrow General Trading 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 add the following entities related to Mayrow General Trading to that general order: Akbar Ashraf Vaghefi (Germany and the United Arab Emirates (UAE)), Neda Overseas Electronics L.L.C. (UAE), Mostafa Salehi (UAE), IKCO Trading GmbH (Germany), Pyramid Technologies (UAE), A.H. Shamnad (UAE), S. Basheer (UAE), Hamed Athari (UAE), and Mayrow Technics Co. (UAE). In addition, this rule will spell out the full name and provide a pseudonym of one of the previous entities listed in the general order, F.N. Yaghmaei, as Farrokh Nia Yaghmaei, a.k.a., Farrokh Nia Yaghmayi.

08/31/06
71 FR 51714
Implementation in the Export Administration Regulations of the United States' Rescission of Libya's Designation as a State Sponsor of Terrorism and Revisions Applicable to Iraq
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In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement the June 30, 2006 rescission of Libya's designation as a state sponsor of terrorism. The rescission followed the President's May 15, 2006 submission of a report to Congress certifying that Libya had not provided any support for international terrorism during the preceding six months and that Libya had provided assurances that it would not support future acts of international terrorism. To implement the rescission, BIS amends the EAR by removing Libya from the list of terrorist supporting countries in Country Group E:1, and by making other conforming amendments and related revisions throughout the EAR. In particular, Libya is added to Country Group D:1 and remains in Country Groups D:2, D:3, and D:4.

08/08/06
71 FR 44943
Meetings in Boston, Chicago, Houston and La Jolla With Interested Public on the Proposed Rule: Revisions and Clarification of Export and Reexport Controls for the People's Republic of China (PRC); New Authorization Validated End-User
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The Bureau of Industry and Security (BIS) will hold meetings on August 15, 17, 21 and 22, 2006 for those companies, organizations, and individuals that have an interest in understanding the United States' revised policy for exports and reexports of dual-use items to the People's Republic of China (PRC) as presented in the proposed rule published in the Federal Register on July 6, 2006. U.S. Government officials will explain the amendments proposed in the rule and answer questions from the public.

08/04/06
71 FR 44189
Revision and Clarification of Civil Monetary Penalty Provisions of the Export Administration Regulations
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This final rule amends the Export Administration Regulations (EAR) to clarify the civil monetary penalties that BIS may impose for violations of the EAR during periods when the EAR are continued under the Export Administration Act, of 1979, as amended, the International Emergency Economic Powers Act, as amended, or other statutory authority. BIS is revising the EAR to reflect amendments to the International Emergency Economic Powers Act made by the USA PATRIOT ACT Improvement and Reauthorization Act of 2005.

07/31/06
71 FR 43047
CFR Correction
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In Title 15 of the Code of Federal Regulations, Parts 300 to 799, revised as of January 1, 2006, on page 772, Supplement I to Part 774 is corrected by reinstating Export Control Classification Number 7A101 to Category 7 to read as follows: PART 774--THE COMMERCE CONTROL LIST * * * * * Category 7--Navigation and Avionics * * * * * 7A101 Accelerometers, other than those controlled by 7A001, with a threshold of 0.05 g or less, or a linearity error within 0.25% of full scale output, or both, which are designed for use in inertial navigation systems or in guidance systems of all types and specially designed components therefor.

07/31/06
71 FR 43043
Revisions to the Export Administration Regulations Based on the 2005 Missile Technology Control Regime Plenary Agreements
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The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the September 2005 Plenary in Madrid, Spain.
The amendments set forth in this rule also reflect a change to make one additional missile technology (MT) controlled item available for certain license exceptions.

07/18/06
71 FR 40691
Action Affecting Export Privileges; Diaa Mohsen; In the Matter of: Diaa Mohsen, 927 Pavonia Avenue, Apartment 2, Jersey City, NJ 07306; Order Denying Export Privileges
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On February 15, 2002, in the U.S. District Court in the Southern District of Florida, following a plea of guilty, Diaa Mohsen ("Mohsen") was convicted of violating section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2000)) ("AECA"). Mohsen pled guilty of knowingly and willfully attempting to export from the United States to Pakistan stinger missiles and night vision goggles, items designated as defense articles without obtaining the required approval from the U.S. Department of State.

07/13/06
71 FR 39603
Mandatory Use of Simplified Network Application Processing System
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The Bureau of Industry and Security (BIS) is withdrawing a proposed rule that was published on November 12, 2002 and that would have made use of the Simplified Network Application Process (SNAP) mandatory and that would have comprehensively revised the provisions of the Export Administration Regulations (EAR) that govern electronic filing. BIS is continuing to work on improvements to its on-line application system and will issue new rules as needed to implement those improvements.

07/12/06
71 FR 39297
Revision to the Unverified List--Guidance as to "Red Flags"
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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 in 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. 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.

07/06/06
71 FR 38321
Anitboycott Penalty Guidelines, Proposed Rule, Correction
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This notice corrects a transposition error in the Regulatory Identification Number (RIN) in the preamble to a proposed rule that the Bureau of Industry and Security published on June 30, 2006 (71 FR 37571). The correct RIN is 0694-AD63. The RIN was incorrectly listed as 0694-AD36.

07/06/06
71 FR 38313
Revisions and Clarification of Export and Reexport Controls for the People's Republic of China (PRC); New Authorization Validated End-User
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This rule proposes the creation of a new authorization for validated end-users in certain destinations, including the PRC, to whom certain, specified items may be exported or reexported. Such validated end-users would be placed on a list in the EAR after review and approval by the United States Government.

06/30/06
71 FR 37517
Antiboycott Penalty Guidelines
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This proposed rule would set 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 proposed rule also would set 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 cases. To be assured of consideration, comments on this proposed rule must be received by BIS on or before August 29, 2006.

06/22/06
71 FR 35989
Correction to the Implementation of Unilateral Chemical/Biological (CB) Controls on Certain Biological Agents and Toxins; Clarification of Controls on Medical Products Containing Certain Toxins on the Australia Group (AG) Common Control Lists; Additions to the List of States Parties to the Chemical Weapons Convention (CWC)
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This rule corrects Supplement No. 1 to Part 774.

06/12/06
71 FR 33614
Implementation of Unilateral Chemical/Biological (CB) Controls on Certain Biological Agents and Toxins; Clarification of Controls on Medical Products Containing Certain Toxins on the Australia Group (AG) Common Control Lists; Additions to the List of States Parties to the Chemical Weapons Convention (CWC)
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This rule amends the Export Administration Regulations (EAR) to expand export and reexport controls on "select agents and toxins" not currently listed on the Commerce Control List (CCL) that have been determined by the Centers for Disease Control and Prevention (CDC) and the Animal and Plant Health Inspection Service (APHIS) to have the potential to pose a severe threat to human, animal and plant life, as well as certain sectors of the U.S. economy. The expanded export and reeexport controls are intended to complement the controls that CDC and APHIS have imposed on the possession, use, and transfer of these select agents and toxins within the United States. This rule also amends the EAR to: (1) clarify controls on certain medical products containing toxins on the Australia Group (AG) Common Control Lists, except ricin and saxitoxin, by amending the definition of "medical products" in Export Control Classification Number (ECCN) 1C991; (2) remove license requirements for exports and reexports to St. Kitts and Nevis of items that require a license for export or reexport only to countries of concern for chemical and biological weapons proliferation reasons (i.e., Country Group D:3); and (3) update the list of countries that currently are States Parties to the Chemical Weapons Convention (CWC) by adding Antigua and Barbuda, Bhutan, Cambodia, the Democratic Republic of the Congo, Djibouti, Grenada, Haiti, Honduras, Liberia, and Vanuatu.

06/08/06
71 FR 33211
Correction to General Order Concerning Mayrow General Trading and Related Entities
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This rule final rule; correction corrects an inadvertent error in the telephone number listed in the For Further Information Contact: section of the preamble of a final rule that appeared in the Federal Register on June 5, 2006 (71 FR 32272). The correct number for further information in the preamble of that rule should have been listed as (202) 482-1208, x3.

06/05/06
71 FR 32272
General Order Concerning Mayrow General Trading and Related Entities
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This final rule amends the Export Administration Regulations (EAR) by issuing a general order to impose a license requirement for exports and reexports of all items subject to the Export Administration Regulations (EAR) where the transaction involves Mayrow General Trading or entities related, as follows: Micatic General Trading; Majidco Micro Electronics; Atlinx Electronics; Micro Middle East Electronics; Narinco; F.N. Yaghmaei; and H. Ghasir. Mayrow General Trading and all entities related are located in Dubai, United Arab Emirates. This order also prohibits the use of License Exceptions for exports or reexports of any items subject to the EAR involving these entities. This final rule also adds a reference to the new general order in the part of the EAR that sets forth end-use and end-user license requirements.

05/31/06
71 FR 30840
Revisions and Clarification of Deemed Export Related Regulatory Requirements (Withdrawal of advance notice of proposed rulemaking)
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The Bureau of Industry and Security (BIS) has reviewed the public comments received in response to the ``Advance Notice of Proposed Rulemaking: Revision and Clarification of Deemed Export Related Regulatory Requirements'' (ANPR) published in the Federal Register on March 28, 2005. The ANPR identified recommendations contained in the U.S. Department of Commerce Office of Inspector General (OIG) Report entitled ``Deemed Export Controls May Not Stop the Transfer of Sensitive Technology to Foreign Nationals in the U.S.'' (Final Inspection Report No. IPE-16176--March 2004). This action discusses concerns raised by the OIG and summarizes public comments received in response to the ANPR. This document also states that the current BIS licensing policy related to deemed exports is appropriate and confirms that the existing definition of ``use'' adequately reflects the underlying export controls policy rationale in the Export Administration Regulations (EAR). As such, BIS is withdrawing the ANPR. In addition, this action addresses comments on the scope of the fundamental research provisions in the EAR.

05/30/06
71 FR 30283
Cuba: Revisions of Personal Baggage Rules
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This final rule amends the Export Administration Regulations (EAR) to clarify that certain personal articles are exempt from the 44- pound weight limit on personal baggage authorized for export to Cuba under License Exception Baggage (BAG).

05/22/06
71 FR 29301
Establishment of Advisory Committee and Clarification of Deemed Export-Related Regulatory Requirements
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The Bureau of Industry and Security (BIS) is announcing the creation of a Federal Advisory Committee that will review and provide recommendations to the Department of Commerce on deemed export policy. The Deemed Export Advisory Committee (DEAC) will help ensure that the deemed export licensing policy most effectively protects national security while ensuring the U.S. continues to be at the leading edge of technological innovation. This notice also provides an overview of steps that BIS has taken to improve understanding of deemed export policy within academia and industry, including outreach activities conducted by BIS.

05/12/06
71 FR 27604
Revised Appeal Procedure for Persons Designated as Related Persons to Denial Orders
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This rule revises Section 766.23(c) of the Export Administration Regulations (EAR) to make the appeal procedure for any person named as a related person to the respondent in an order denying export privileges identical to the appeal procedure for the respondent in that order. Prior to publication of this rule appeals by such related persons were subject to different procedures than appeals by the respondent in the case of orders issued under §766.25 for violations of certain statutes, orders issued for violations related to part 760 (Restrictive Trade Practices and Boycotts) and temporary denial orders issued under §766.24.

05/02/06
71 FR 25746
Implementation of New Formula for Calculating Computer Performance: Adjusted Peak Performance (APP) in Weighted TeraFLOPS; Bulgaria; XP and MT Controls
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This document corrects four errors that appeared in a rule published by the Bureau of Industry and Security on April 24, 2006 (71 FR 20876). That rule implemented a new formula for computer performance as agreed to by the Wassenaar Arrangement, moved Bulgaria from Computer Tier 3 to Computer Tier 1, and made other related technical changes.

04/24/04
71 FR 20876
Implementation of New Formula for Calculating Computer Performance: Adjusted Peak Performance (APP) in Weighted TeraFLOPS; Bulgaria; XP and MT Controls
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The This rule is effective immediately except the revision to move Bulgaria from Computer Tier 3 to Computer Tier 1. The Bulgaria revision will become effective on June 3rd, barring any concerns from Congress. This final rule will amend the Export Administration Regulations to implement the Wassenaar Arrangement’s December 2005 agreement to revise the formula for calculating computer performance from Composite Theoretical Performance (CTP) measured in Millions of Theoretical Operations Per Second (MTOPS) to Adjusted Peak Performance (APP) measured in Weighted TeraFLOPS (WT). This rule will also establish new control levels in the Commerce Control List expressed in WT.

Also note that exporters will no longer be able to use the C39 (License Exception CTP) as of Monday for the Automated Export System (AES). They will have to use a new code C53 for License Exception APP starting Monday, April 24, 2006. However, C39 will be available for making corrections in AES.

Published March 25, 1996 - February 2001 || Published March 2001 - February 2006