FINAL RULES
PUBLISHED IN THE FEDERAL REGISTER DURING 1997
DEPARTMENT OF COMMERCE, BUREAU OF EXPORT ADMINISTRATION
EXPORT ADMINISTRATION REGULATIONS
(15 CFR Part 768 et seq.)
NOTE: CHANGES TO THE EXPORT ADMINISTRATION REGULATIONS LISTED BELOW ARE NUMBERED CONSECUTIVELY, BEGINNING IN JANUARY OF THE NEW YEAR.
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1. Entity List (62 FR 4910 on February 3, 1997)
Commentary: After five years of study, the Bureau of Export Administration finally published the "list" of entities ineligible to receive specified items without an export license pursuant to the Enhanced Proliferation Control Initiative. This "list" consists of one entity (Ben Gurion University of Israel) and one class of items (computers with CTP between 2,000 and 7,000 MTOPS).
2. Commercial Encryption Items (62 FR 6515 on February 12, 1997)
Commentary: The Bureau of Export Administration invites public comments on the costs and burdens associated with the information collection requirements under the new encryption regulations published on December 30, 1996 (61 FR 68572).
3. Revisions to the Export Administration Regulations: Addition of the Republic of South Korea to Australia Group(AG), Clarification to the Sample Shipments Exemption in ECCN 1C350, and Corrections to the Country Chart (62 FR 6682 on February 12, 1997)
Commentary: The Bureau of Export Administration has added South Korea to the list of Australia Group member countries, removing certain licensing requirements for exports of chemicals to that country. It also corrected mistakes in the Country Chart, which mistakenly had indicated that licenses were required for exports of controlled chemicals to Romania and South Africa.
4. Revisions to the Commerce Control List: Exports of Mixtures Containing Trace Quantities of Precursor Chemicals; ECCNs 1C350 and 1C995 (62 FR 6687 on February 12, 1997)
Commentary: The Department of Commerce’s Bureau of Export Administration is reducing the export licensing requirements with respect to mixtures with trace quantities of controlled chemicals.
5. Commercial Encryption Items (62 FR 8514 on February 25, 1997)
Commentary: The filing deadline for comments described in item 2 above has been extended to April 14, 1997.
6. Exports to Cuba; Support for the Cuban People (62 FR 9363 on March 3, 1997)
Commentary: The Bureau of Export Administration has amended the Export Administration Regulations to implement the President’s announcement of October 6, 1995. Henceforth, applications may be approved, on a case-by-case basis, for certain exports to human rights organizations, news bureaus, and individuals and non-governmental organizations engaged in activities that promote democracy in Cuba.
7. Revisions and Clarifications to the Export Administration Regulations (62 FR 25451 on May 9, 1997)
Commentary: The Bureau of Export Administration made certain revisions and clarifications, and in some cases, insertions of material inadvertently omitted from the March 25, 1996 interim rule, like provisions governing the Special Comprehensive License.
8. National Defense Stockpile Market Impact Committee Request for Public Comments (62 FR 25587 on May 9, 1997)
Commentary: The Bureau of Export Administration is requesting comments on the potential market impact of the Department of Defense’s proposed increase in disposal levels for Analgesics, Columbium (Ferro), Graphite, and Vanadium Pentoxide in FY 1997 and FY 1998 Annual Materials Plans. Comments must be received by May 27, 1997.
9. Revisions to the Export Administration Regulations: Addition of Bharat Electronics, Ltd., (aka Baharat Electronics, Ltd.) India, to Entity List (62 FR 26922 on May 16, 1997)
Commentary: The Bureau of Export Administration had added Bharat Electronics, Ltd., (aka Baharat Electronics, Ltd.) located in India, to the Entity List. Export or reexports of all items subject to the EAR to this entity require a license. This makes two entities on the Entity List. Previously, Ben Gurion University in Israel was added to the list on February 3, 1997.
10. Revisions to the Export Administration Regulations; Addition of South Korea to Australia Group (AG), Clarification to the Sample Shipments Exemption in ECCN 1C350, and Correction to the Commerce Country Chart (62 FR 31473 on June 9, 1997)
Commentary: The Bureau of Export Administration published a correction to the country chart with respect to licensing requirements for Moldova, but the Federal Register failed to include the other changes referenced in the header.
11. Revisions to the Export Administration Regulations: Additions to the Entity List (62 FR 35334 on June 30, 1997)
Commentary: The Bureau of Export Administration has added the following entities to Supplement No. 4 to Part 744, because they are engaged in proliferation of weapons of mass destruction: All-Russian Scientific Research Institute of Technical Physics, (aka VNIITF, Chelyabinsk-70, All-Russian Research Institute of Technical Physics, ARITP, Russian Federal Nuclear Center), the All-Union Scientific Research Institute of Experimental Physics, (aka VNIIEF, Arzamas-16, Russian Federal Nuclear Center, All Russian Research Institute of Experimental Physics, ARIEP, Khariton Institute) and any other entities, institutes, or centers associated with the Ministry for Atomic Power of Russia located in either Snezhinsk or Kremlev, Russia, for all items subject to the EAR. Bhaba Atomic Research Center (BARC), Trombay, India, for all items subject to the EAR. Chinese Academy of Engineering Physics (aka Ninth Academy, including the Southwest Institutes of: Applied Electronics, Chemical Materials, Electronic Engineering, Explosives and Chemical Engineering, Environmental Testing, Fluid Physics, General Designing and Assembly, Machining Technology, Materials, Nuclear Physics and Chemistry, Structural Mechanics; Research and Applications of Special Materials Factory; Southwest Computing Center (all of preceding located in or near Mianyang, Sichuan Province); Institute of Applied Physics and Computational Mathematics, Beijing; and High Power Laser Laboratory, Shanghai, People's Republic of China), for all items subject to the EAR. Indira Gandhi Center for Atomic Research, Khalpakham, India, for all items subject to the EAR. Khan Research Laboratory, Kahuta, Pakistan, for all items subject to the EAR. Nuclear Research Center at Negev, Dimona, Israel, for all items subject to the EAR. Pakistan Institute for Nuclear Science and Technology, Rawalpindi, Pakistan, (including New Labs Rawalpindi) for all items subject to the EAR.
12. Revisions to the Export Administration Regulations: Additions to the Entity List: National Development Centre, Pakistan and Indian Rare Earths, Ltd., India (62 FR 35335 on June 30, 1997)
Commentary: This final rule adds the National Development Centre, Pakistan; and Indian Rare Earths, Ltd., India, to the Entity List and requires a license for exports or reexports of all items subject to the EAR for both entities.
13. Liberalization of Export Controls for Oscilloscopes (Including Certain Transient Recorders), Affected ECCNs: 3A202, 3A292, 3E001, 3E201, and 3E292 (62 FR 42047 on August 5, 1997)
Commentary: This rule revises the reason for control for oscilloscopes (including certain transient recorders) from NP Column 1 to NP Column 2, in the Commerce Country Chart (Supplement No. 1 to 15 CFR part 738). In addition, revisions are made to NP Column 2 of the Commerce Country Chart, and Column [D:2] Nuclear of Country Group D, to reflect that Algeria, Andorra, Angola, Comoros, Djibouti, Micronesia, Oman, United Arab Emirates, and Vanuatu have signed the Nuclear Non-Proliferation Treaty.
14. National Defense Stockpile Market Impact Committee Request for Public Comments (62 FR 45393 on August 27, 1997)
Commentary: This is a notice of request for public comments on the potential market impact of proposed new material disposals and proposed revisions to current disposal levels of certain National Defense Stockpile commodities under the Fiscal Year 1998 Annual Materials Plan. Comments must be received by September 26, 1997.
15. Satellite Fuel, Ground Support Equipment, Test Equipment, Payload Adapter/Interface Hardware and Replacement Parts for the Preceding Items, When Included With a Specific Commercial Communications Satellite Launch (62 FR 50865 on September 29, 1997)
Commentary: This final rule amends the Commerce Control List of the Export Administration Regulations by revising the list of items controlled under Export Control Classification Number (ECCN) 9A004, to provide that satellite fuel, ground support equipment, test equipment, payload adapter/interface hardware and replacement parts for the preceding items are subject to Commerce jurisdiction when they are included with a specific commercial communications satellite. This rule amends the interim final rule of October 21, 1996 that transferred jurisdiction of all commercial communications satellites from the Department of State to the Department of Commerce.
16. Revision of Entity List: Bharat Electronics. Ltd. (aka Baharat Electronics, Ltd., India (62 FR 51369 on October 1, 1997)
Commentary: This rule amends the Entity List by revising the entry "Bharat Electronics LTD, (aka Baharat Electronics, Ltd.) located in India, for all items subject to the EAR". The entry will now read: Bharat Electronics Limited (BEL) in Bangalore, India, and Bharat Electronics Limited (BEL) in Hyderabad, India; for all items subject to the EAR having a classification other than EAR99.
17. Defense Priorities and Allocations System (62 FR 51389 on October 1, 1997
Commentary: The Department of Commerce proposes to revise the Defense Priorities and Allocations System (DPAS) regulation by updating, modifying or clarifying a number of its provisions.
18. Request for Comments on Effects of Foreign Policy-Based Export Controls (62 FR 52514 on October 8, 1997)
Commentary: The Bureau of Export Administration 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, BXA is seeking comments on how existing foreign policy-based export controls have affected exporters and the general public. Comments must be received by November 7, 1997.
19. Request for Comments on the Definition of "Specially Designed" (62 FR 56138 on October 29, 1997)
Commentary: The Bureau of Export Administration is reviewing the use of the term "specially designed" as it pertains to items controlled on the Commerce Control List (CCL) in the Export Administration Regulations (EAR). BXA is considering developing a definition or definitions of that term that will meet the export control objectives of the regulations while increasing the utility of the regulations to the public. Comments must be received by December 29, 1997.
20. Request for Comment on Application for Transfer of Licenses to Another Party (62 FR 61082 on November 14, 1997)
Commentary: Under section 750.10 of the Export Administration Regulations, license holders must file a report with the Bureau of Export Administration ("BXA") whenever they transfer export licenses to another party. BXA receives about 20 such reports each year, and estimates that it takes one hour to prepare each report. BXA is inviting the public to comment on whether such reports are necessary, whether its estimate for time required to prepare such reports is accurate, and whether the burden of compliance can be reduced. Comments are due by January 13, 1998.
21. On-Time Report for Foreign Software or Technology Eligible for De Minimis Exclusion (62 FR 61082 on November 14, 1997)
Commentary: Under section 734.4 of the Export Administration Regulations, exporters who want to take advantage of the de minimis exclusion for reexports of U.S.-origin technical data and software must file a report with the Bureau of Export Administration ("BXA"). BXA receives about 10 such reports each year, and estimates that it takes twenty-five hours to prepare each report. BXA is inviting the public to comment on whether such reports are necessary, whether its estimate for time required to prepare such reports is accurate, and whether the burden of compliance can be reduced. Comments are due by January 13, 1998.
22. Request for Comments on Reporting and Recordkeeping Requirements Under the Wassenaar Arrangement (62 FR 61269 on November 17, 1997)
Commentary: Under the Wassenaar Arrangement, the U.S. is obligated to file reports regarding exports of certain items including exports under certain License Exceptions. The Bureau of Export Administration estimates that the number of respondents will be 2,275, and that each report will take 12 minutes to prepare. Both estimates seem quite low, but the Wassenaar List has not been published, so it is difficult to determine what will be reportable! Comments are due by January 16, 1998.