Commerce Dept Issues Its Semi-Annual Regulatory Agenda for BIS
The Commerce Department has published its spring 2011 semi-annual regulatory agenda for the Bureau of Industry and Security.
This agenda is a comprehensive list of Commerce’s BIS rulemakings that are pending at the pre-rule, proposed, interim final, final, and completed stages, as well as rulemakings that are long-term actions. The agenda lists the regulation title; past regulation(s), if any; the timeframe for the next regulatory action(s), if any; a brief description of the regulation; and a contact party name and telephone number.
Note that most items on the agenda are not issued by their "target date."
Spring Agenda Includes 14 New Rulemakings
Commerce’s spring 2011 agenda for BIS is significantly different to the fall 2010 agenda as 14 new rulemakings were included in the spring agenda (marked with an asterisk (*).
Agenda Highlights
Highlights of Commerce’s BIS rulemakings that are at the pre-rule, proposed, interim final/final, or completed stages, or that are long term actions, are as follows:
| Regulation Title |
|---|
| Pre-rule Rule Stage |
| Automated Export System and Shippers Export Declaration--Requirement to Show Paragraphs in Export Control Classification Numbers |
| Proposed Rule Stage |
| Short Supply Controls: Crude Oil Exports |
| License Exception AVS Clarifications and Shipments to International Waters |
| Administrative Action Providing for Order to Stop Specific Exports or Reexports Otherwise Eligible Under Designation NLR |
| Addition of Non-Material Changes that may be Made to Export Licenses; and Addition of Non-Material Changes Requiring Prior BIS Notification and Approval |
| Revisions to Defense Priorities and Allocations System Regulations |
| *Export Control Modernization Initiative: Clarifying the Meaning of the Term "Specially Designed" by Adopting a Single Definition for the Entire CCL |
| * Revisions to the Export Administration Regulations (EAR) to Address the Movement of Less Significant Items From the U.S. Munitions List (USML) to the Commerce Control List (CCL) |
| Interim Rule/Final Rule Stage |
| De Minimis U.S. Content in Foreign Made Items |
| Clarification of "Space-Qualified" Parts, Components, and Technology Subject to the Export Administration Regulations |
| Implementation of the Understandings Reached at the 2004 and 2005 Nuclear Suppliers Group (NSG) Plenary Meetings |
| Implementation in the Export Administration Regulations of the U.S.' Rescission of Libya's Designation as a State Sponsor of Terrorism and Revisions Applicable to Iraq |
| December 2007, 2008, 2009, and 2010 Wassenaar Arrangement Plenary Agreement Implementation: Low Light Level Entries and Reporting Requirements |
| Addition of Export Control Classification Number 6A981 Passive Infrasound Sensors to the Export Administration Regulations |
| Democratic Republic of the Congo (DRC): Revision of the Export Administration Regulations to Impose Controls on Exports, Reexports, and Transfers to Persons Pursuant to Executive Order 13413 |
| Five Axis Simultaneous Controlled Milling Machines: License Exception Eligibility and Fast Track Application Processing |
| Encryption Export Controls |
| Editorial Correction to the Export Administration Regulations |
| Clarification Regarding the Jurisdictional Scope of Commodity Classification Determinations and Advisory Opinions Issued by the Bureau of Industry and Security |
| Editorial Corrections to the Export Administration Regulations |
| Addition of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the U.S. |
| *Export Control Modernization: Strategic Trade Authorization License Exception (final rule published 06/15/11) |
| * Implementation of the Understandings Reached at the 2010 Australia Group (AG) Plenary Meeting and Other AG-Related Clarifications and Corrections to the EAR (final rule published 04/20/11) |
| * Paperwork Reduction Act: Updated List of Approved Information Collections and Removal of a Redundant Reporting Requirement (final rule published 07/11/11) |
| * Wassenaar Arrangement 2010 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 (final rule published 05/20/11) |
| * 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 (final rule published 06/28/11) |
| *Implementation of Additional Changes From the Annual Review of the Entity List; Removal of Person Based on Removal Request (final rule published 04/18/11) |
| * Implementation of a Decision Adopted Under the AG Intersessional Silent Approval Procedures in 2010 |
| *Wassenaar Arrangement 2009 Plenary Agreements Implementation: ECCN 4A003, Movement of Albania and Croatia to Computer Tier 1, and Related Revisions (final rule published 06/24/11) |
| Completed Actions |
| Export and Reexport Controls on Iraq |
| Revisions to Methods of Service and Certain Deadlines in Administrative Enforcement Proceedings |
| Implementation of the Wassenaar Arrangement's (WA) Task Force on Editorial Issues (TFEI) Revisions; Correction |
| Publicly Available Mass Market Encryption Software and Other Specified Publicly Available Encryption Software in Object Code |
| 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 |
| Simplified Network Application Processing System, On-Line Registration and Account Maintenance |
| Implementation of Additional Changes From the Annual Review of the Entity List |
| *Amendment to Existing Validated End-User Authorization in the People's Republic of China: Semiconductor Manufacturing Corporation |
| *Updated Statements of Legal Authority To Reflect Continuation of Emergency Declared in Executive Order 12938 |
| * 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. |
| *U.S. and India Bilateral Understanding: Revisions to U.S. Export and Reexport Controls Under the Export Administration Regulations |
| *Amendment to the Export Administration Regulations: Part 750--Application Processing, Issuance, and Denial |
| Long Term Actions |
| Export Administration Regulations: Support Documentation Consolidation and Reorganization |
| Expansion of License Exception GOV; Exports and Reexports to International Organizations |
| Revision to the Export Administration Regulations: Replacement Licenses |
| Clarifications to Part 752: Special Comprehensive License Requirements |
| Chemical Weapons Convention: Revisions to the Export Administration Regulations |
| Imposition of License Requirement for Exports and Reexports of Missile Technology (MT)-Controlled Items to Canada |
| License Exception GOV Exports and Reexports for Official IAEA International Inspection and Verification Use in Accordance With the U.S.-IAEA Safeguards Agreement, as Amended by the Additional Protocol |
| Revision to General Restriction on All License Exceptions: Availability of Certain License Exceptions for Lightweight Aircraft Engines |
| Country Group C: Destinations of Diversion Concern |
| Revision of the Regional Stability and Chemical and Biological Export Controls in the Export Administration Regulations |
| Revisions to License Exception GOV for Support of Civil Aviation Authorities Responsible for Safety of Flight and Revisions to General Restriction on all License Exceptions |
| Export Administration Regulations: Establishment of License Exception Intra-Company Transfer (ICT) |
| Revision of Commerce Control List Based on Application of Modern Technologies to Crime Control and Law Enforcement Activities |
(See ITT's Online Archives or 04/26/10 news, 10042620, for BP summary on the availability of CBP and other Federal agency semi-annual regulatory agendas.)
Commerce’s Spring 2011 Regulatory Agenda is available here.