BIS Final Rule Makes Technical Corrections to the Export Administration Regulations

The Bureau of Industry and Security (BIS) has issued a final rule, effective February 18, 2005, that makes technical corrections to the Export Administration Regulations (EAR) in 15 CFR Parts 730, 738, 740, 748, 756, 764, 766, 772 and 774 by updating internal agency process matters, clarifying license exceptions, correcting citation errors and clarifying paperwork requirements. BIS states that none of these technical corrections change the current interpretations or licensing requirements of the EAR.

According to BIS, this final rule is a product of its review of portions of the EAR in order to identify omissions, unnecessary language, obsolete provisions, and provisions for which clarification is desirable. According to BIS, this final rule clarifies, updates, and revises the EAR and does not make substantive changes to the provisions and requirements of the EAR.

BIS indicates that this final rule:

updates the description of BIS's general plan of organization in 15 CFR 730.9;

revises and shortens the description of the scope of the Commerce Country Chart in 15 CFR 738.3(a);

clarifies availability of License Exception TMP for exhibition and demonstration in Country Group D:1;

clarifies availability of License Exception TMP for reexports of kits of replacement parts to Country Group D:1;

adds the Under Secretary for Industry and Security as an official who may determine whether information subject to Sec. 12(c) of the Export Administration Act may be released to the public in conformance with the applicable Departmental Organization Order;

removes an unnecessary statement about responsibility to classify items from 15 CFR 748.3(a);

revises the description of emergency processing of license applications to conform to current agency practice;

redesignates two paragraphs in 15 CFR 748.11 to conform to the standard Code of Federal Regulations structure;

corrects a citation to the recordkeeping requirements pertaining to certificates or other documents obtained in connection with exports subject to the Inter-American Firearms Convention;

sets the value of aircraft and vessels on temporary sojourn to $0 for license application purposes to prevent confusing statistical values of items licensed for export to embargoed destinations;

revises the titles of the head and deputy head of BIS in 15 CFR part 756 (Appeals) to conform to the currently applicable Departmental Organizational Orders;

corrects a citation error in the prohibition against concealment or misrepresentation of facts and adds another citation to clearly distinguish the export control documents from the boycott report documents that are subject to 15 CFR 764.2(g);

revises the title of the head of BIS in 15 CFR part 766 (Administrative Enforcement Proceedings) to conform to the currently applicable Departmental Organizational Orders;

revises the address for filing papers in administrative enforcement proceedings;

revises the definition of the term "controlled country" to make clear that controlled countries are countries subject to national security export controls, to add two previously omitted countries, and to reflect the shift of North Korea from Country Group E:2 to D:1;

removes a reference to a no longer existent technical note and corrects the name of another document referenced in ECCN 1C018; and

revises the ECCN 3A001 License Exceptions paragraph to exclude certain commodities controlled for missile technology reasons consistent with 15 CFR 740.2(a)(5).

BIS contact - William H. Arvin (202) 482-2440

BIS final rule (D/N 050202022-5022-01, FR Pub 02/18/05) available at

http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-3216.pdf.