BIS Rescinds Libya's Designation as a State Sponsor of Terrorism & Makes Revisions Applicable to Iraq (Part I - Overview)
The Bureau of Industry and Security (BIS) has issued an interim final rule, effective August 31, 2006, that amends the Export Administration Regulations (EAR)1 in order to implement the rescission of Libya's designation as a state sponsor of terrorism and to make certain changes regarding the October 2004 rescission of Iraq as a state sponsor of terrorism.
This is Part I of a multi-part series of summaries on the interim final rule and provides an overview of its provisions.
EAR Implements Rescission of Libya as a State Sponsor of Terrorism, Etc.
The preamble to the interim rule states (and BIS sources confirm) that BIS is amending the EAR to implement the June 30, 2006 rescission of Libya's designation as a state sponsor of terrorism. According to BIS, the rescission is the result of 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, the EAR is amended 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.
(See ITT's Online Archives or 05/30/06 news, 06053099 4, for BP summary of President certification of Libya's rescission.)
BIS Revises the EAR to Reflect Revisions Applicable to Iraq
The preamble states that this rule also revises the EAR to reflect the fact that in October 2004 the U.S. rescinded Iraq's designation as a state sponsor of terrorism.
(According to BIS sources, the U.S. implemented the rescission of Iraq's designation as a state sponsor of terrorism in 2005.)
As a result of the rescission of this designation, the preamble states that BIS may no longer control for anti-terrorism (AT) reasons items covered by eight export control classification numbers (ECCNs) for which BIS previously required a license for export or reexport to Iraq, or for transfer within Iraq. BIS notes that it now controls these items for regional stability (RS) reasons and continues to require a license for their export or reexport to Iraq, or transfer within Iraq.
The preamble further states that this rule also amends the EAR to delete all references to Iraq's status as a designated state sponsor of terrorism.
1 specifically, 15 CFR Parts 734, 738, 740, 742, 746, 748, 750, 752, 764, 772, and 774.
(See ITT's Online Archives or 10/07/04 news, 04100799 3, for BP summary of President's determination making the certifications required for Iraq's rescission.)
- written comments due by October 2, 2006
BIS contact - Joan Roberts (202) 482-4252
BIS interim final rule (FR Pub 08/31/06, D/N 060816218-6218-01) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-7255.pdf