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8 September 2008
[Federal Register: September 8, 2008 (Volume 73, Number 174)]
[Notices]
[Page 52006-52007]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se08-31]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 0808181107-81109-01]
Effects of Foreign Policy-Based Export Controls
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Request for comments on foreign policy-based export controls.
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SUMMARY: 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rescinded or extended.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.
DATES: Comments must be received by October 8, 2008.
ADDRESSES: Written comments may be sent by e-mail to
publiccomments@bis.doc.gov. Include ``FPBEC'' in the subject line of
the message. Written comments (three copies) may be submitted by mail
or hand delivery to Jeffery Lynch, Regulatory Policy Division, Bureau
of Industry and Security, Department of Commerce, 14th Street &
Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: For general questions regarding
foreign policy-based export controls, Joan Roberts, Foreign Policy
Division, Office of Nonproliferation and Treaty Compliance, Bureau of
Industry and Security, telephone: (202) 482-4252, and for questions
specific to the Entity List, Karen Nies-Vogel, Office of the Assistant
Secretary for Export Administration, Bureau of Industry and Security,
telephone: (202) 482-3811. Copies of the current Annual Foreign Policy
Report to the Congress are available at http://www.bis.doc.gov/
PoliciesAndRegulations/08ForPolControls/index.htm and copies may also
be requested by calling the Office of Nonproliferation and Treaty
Compliance at the number listed above.
SUPPLEMENTARY INFORMATION: Foreign policy-based controls in the Export
Administration Regulations (EAR) are implemented pursuant to section 6
of the Export Administration Act of 1979, as amended. The current
foreign policy-based export controls maintained by the Bureau of
Industry and Security (BIS) are set forth in the EAR, including in
parts 742 (CCL Based Controls), 744 (End-User and End-Use Based
Controls) and 746 (Embargoes and Special Country Controls). These
controls apply to a range of countries, items, activities and persons,
including: Certain general purpose microprocessors for ``military end-
uses'' and ``military end-users'' (Sec. 744.17); significant items
(SI): Hot section technology for the development, production, or
overhaul of commercial aircraft engines, components, and systems (Sec.
742.14); encryption items (Sec. Sec. 742.15 and 744.9); crime control
and detection commodities (Sec. 742.7); specially designed implements
of torture (Sec. 742.11); certain firearms included within the Inter-
American Convention Against the Illicit Manufacturing of and
Trafficking in Firearms, Ammunition, Explosives, and Other Related
Materials (Sec. 742.17); regional stability items (Sec. 742.6);
equipment and related technical data used in the design, development,
production, or use of certain rocket systems and unmanned air vehicles
(Sec. Sec. 742.5 and 744.3); chemical precursors and biological
agents, associated equipment, technical data, and software related to
the production of chemical and biological agents (Sec. Sec. 742.2 and
744.4) and various chemicals included in those controlled pursuant to
the Chemical Weapons Convention (Sec. 742.18); nuclear propulsion
(Sec. 744.5); aircraft and vessels (Sec. 744.7); communication
intercepting devices (software and technology) (Sec. 742.13);
embargoed countries (part 746); countries designated as supporters of
acts of international terrorism (Sec. Sec. 742.8, 742.9, 742.10,
742.19, 746.2, 746.4, 746.7, and 746.9); certain entities in Russia
(Sec. 744.10); individual terrorists and terrorist organizations
(Sec. Sec. 744.12, 744.13 and 744.14); certain persons designated by
Executive Order 13315 (``Blocking Property of the Former Iraqi Regime,
Its Senior Officials and Their Family Members'') (Sec. 744.18); and
certain sanctioned entities (Sec. 744.20). Attention is also given in
this context to the controls on nuclear-related commodities and
technology (Sec. Sec. 742.3 and 744.2), which are, in part,
implemented under section 309(c) of the Nuclear Non-Proliferation Act.
Under the provisions of section 6 of the Export Administration Act
of 1979, as amended (50 U.S.C. app. 2401-2420 (2000)) (EAA), export
controls maintained for foreign policy purposes require annual
extension. Section 6 of the EAA requires a report to Congress when
foreign policy-based export controls are extended. The EAA expired on
August 20, 2001. Executive Order 13222 of August 17, 2001 (3 CFR, 2001
Comp., p. 783 (2002)), which has been extended by successive
Presidential Notices, the most recent being that of July 23, 2008, 73
FR 43603 (July 25, 2008), continues the EAR and, to the extent
permitted by law, the provisions of the EAA, in effect under the
International Emergency Economic Powers Act (50 U.S.C. 1701-1706
(2000)). The Department of Commerce, insofar as appropriate, is
following the provisions of section 6 by reviewing its foreign policy-
based export controls, requesting public comments on such controls, and
preparing a report to be submitted to Congress.
In January 2008, the Secretary of Commerce, on the recommendation
of the Secretary of State, extended for one year all foreign policy-
based export controls then in effect.
To assure maximum public participation in the review process,
comments are solicited on the extension or revision of the existing
foreign policy-based export controls for another year. Among the
criteria considered in determining whether to continue or revise U.S.
foreign policy-based export controls are the following:
1. The likelihood that such controls will achieve the intended
foreign policy purpose, in light of other factors,
[[Page 52007]]
including the availability from other countries of the goods, software
or technology proposed for such controls;
2. Whether the foreign policy objective of such controls can be
achieved through negotiations or other alternative means;
3. The compatibility of the controls with the foreign policy
objectives of the United States and with overall United States policy
toward the country subject to the controls;
4. Whether the reaction of other countries to the extension of such
controls is not likely to render the controls ineffective in achieving
the intended foreign policy objective or be counterproductive to United
States foreign policy interests;
5. The comparative benefits to U.S. foreign policy objectives
versus the effect of the controls on the export performance of the
United States, the competitive position of the United States in the
international economy, the international reputation of the United
States as a supplier of goods and technology; and
6. The ability of the United States to enforce the controls
effectively.
BIS is particularly interested in receiving comments on the
economic impact of proliferation controls. BIS is also interested in
industry information relating to the following:
1. Information on the effect of foreign policy-based export
controls on sales of U.S. products to third countries (i.e., those
countries not targeted by sanctions), including the views of foreign
purchasers or prospective customers regarding U.S. foreign policy-based
export controls.
2. Information on controls maintained by U.S. trade partners. For
example, to what extent do they have similar controls on goods and
technology on a worldwide basis or to specific destinations?
3. Information on licensing policies or practices by our foreign
trade partners that are similar to U.S. foreign policy-based export
controls, including license review criteria, use of conditions,
requirements for pre- and post-shipment verifications (preferably
supported by examples of approvals, denials and foreign regulations).
4. Suggestions for revisions to foreign policy-based export
controls that would bring them more into line with multilateral
practice.
5. Comments or suggestions as to actions that would make
multilateral controls more effective.
6. Information that illustrates the effect of foreign policy-based
export controls on trade or acquisitions by intended targets of the
controls.
7. Data or other information on the effect of foreign policy-based
export controls on overall trade at the level of individual industrial
sectors.
8. Suggestions as to how to measure the effect of foreign policy-
based export controls on trade.
9. Information on the use of foreign policy-based export controls
on targeted countries, entities, or individuals.
BIS is also interested in comments relating generally to the
extension or revision of existing foreign policy-based export controls.
Entity List
The Entity List (Supplement No. 4 to Part 744 of the EAR) provides
notice to the public that certain exports and reexports to parties
identified on the Entity List require a license from BIS and that
availability of License Exceptions in such transactions is limited. In
connection with the annual review of all foreign policy-based export
controls, BIS is particularly interested in public comments regarding
the Entity List, including but not limited to those specific to the
entities on the List and the licensing policies and requirements
assigned to each of them, and on the Entity List's utility and
suggestions for ways it might be improved through changes in format,
organization or otherwise.
Parties submitting comments are asked to be as specific as
possible. All comments received before the close of the comment period
will be considered by BIS in reviewing the controls and developing the
report to Congress and/or in implementing changes to the Entity List.
BIS will not accept public comments accompanied by a request that a
part or all of the material be treated confidentially because of its
business proprietary nature or for any other reason. BIS will return
such comments and materials to the persons submitting the comments and
will not consider them in the development of a response. All
information relating to the notice will be a matter of public record
and will be available for public inspection and copying. In the
interest of accuracy and completeness, BIS requires written comments.
Oral comments must be followed by written memoranda, which will also be
a matter of public record and will be available for public review and
copying.
The Office of Administration, Bureau of Industry and Security, U.S.
Department of Commerce, displays these public comments on BIS's Freedom
of Information Act (FOIA) Web site at http://www.bis.doc.gov/foia. This
office does not maintain a separate public inspection facility. If you
have technical difficulties accessing this Web site, please call BIS's
Office of Administration at (202) 482-0637 for assistance.
Dated: August 29, 2008.
Christopher R. Wall,
Assistant Secretary for Export Administration.
[FR Doc. E8-20672 Filed 9-5-08; 8:45 am]
BILLING CODE 3510-33-P