[Federal Register: November 12, 2004 (Volume 69, Number 218)]
[Rules and Regulations]
[Page 65368-65369]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12no04-5]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 041004276-4276-01]
RIN 0694-AC98
Termination of Certain Emergencies With Respect to Yugoslavia and
Related Removal of Restrictions on Transactions With Persons Identified
by the Bracketed Initials [FRYM] Under the Export Administration
Regulations
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: In this rule, the Bureau of Industry and Security amends the
Export Administration Regulations to delete the section that sets forth
license requirements for exports and reexports to designated persons
identified by the bracketed initials [FRYM]. The Department of the
Treasury, Office of Foreign Assets Control (OFAC) used the bracketed
initials [FRYM] to identify certain persons on the list of Specially
Designated Nationals and Blocked Persons. OFAC discontinued the use of
those bracketed initials following the termination of certain national
emergencies with respect to Yugoslavia.
DATES: This rule is effective November 12, 2004.
ADDRESSES: Although there is no public comment period, written comments
may be sent to Sheila Quarterman, Office of Exporter Services,
Regulatory Policy Division, Bureau of Industry and Security, Department
of Commerce, P.O. Box 273, Washington, DC 20044 or to e-mail address
squarter@bis.doc.gov.
FOR FURTHER INFORMATION CONTACT: Joan Roberts, Director, Foreign Policy
Division, Office of Nonproliferation and Treaty Compliance, Bureau of
Industry and Security, Department of Commerce, P.O. Box 273,
Washington, DC 20044; telephone: (202) 482-4252, or e-mail:
jroberts@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
This rule amends the Export Administration Regulations (EAR) by
deleting section 744.16 in conformance with the President's Executive
Order 13304 of May 29, 2003, which, among other actions, terminated
certain national emergencies with respect to Yugoslavia that had been
declared in Executive Order 13088 of June 9, 1998, and rescinded
Executive Order 13192 of January 17, 2001. Pursuant to these Executive
Orders, section 744.16 has required a license for exports and reexports
by U.S. persons of any item subject to the EAR to persons identified by
the bracketed initials [FRYM] on the list of Specially Designated
Nationals and Blocked Persons maintained by the Department of the
Treasury's Office of Foreign Assets Control (OFAC) and found at 31 CFR
Chapter V (Specially Designated Nationals List).
Pursuant to Executive Order 13192, restrictions had been imposed on
transactions with (a) former Yugoslav president Slobodan Milosevic and
his close allies, (b) certain persons under indictment by the
International Criminal Tribunal for the former Yugoslavia, (c) persons
attempting to maintain or reestablish illegitimate control over the
former Yugoslavia, (d) persons providing support to the persons
mentioned above and (e) persons owned or controlled by or acting on
behalf of any persons mentioned above. These persons were identified by
the bracketed initials [FRYM] on the list of Specially Designated
Nationals and Blocked Persons maintained by the Department of the
Treasury's Office of Foreign Assets Control (OFAC) and found at 31 CFR
Chapter V (Specially Designated Nationals List).
At the same time that Executive Order 13304 terminated the Yugoslav
emergencies, it clarified the scope of and took additional measures
concerning a separate national emergency declared with respect to the
Western Balkans in Executive Order 13219 of June 26, 2001, pursuant to
which restrictions had been placed on transactions with persons
threatening the peace or diminishing the stability of the Western
Balkans region. Persons subject to the imposition of sanctions under
Executive Order 13219, as modified by Executive Order 13304, are
identified by the bracketed acronym [BALKANS] on the Specially
Designated Nationals List.
Executive Order 13304 extended the restrictions imposed by
Executive Order 13219 (relating to stability in the Western Balkans) to
include, among others, persons under indictment by the International
Criminal Tribunal for the former Yugoslavia that were previously
included within the scope of the 1998 emergency. As a result, certain
persons previously identified by the bracketed initials [FRYM] are now
identified by the bracketed acronym [BALKANS] on the Specially
Designated Nationals List. Pursuant to Executive Orders 13304 and
13219, OFAC administers a sanctions regime against persons threatening
the peace or diminishing the stability of the
[[Page 65369]]
Western Balkans as well as persons indicted by the Criminal Tribunal
for the Former Yugoslavia under parts 586 and 587 of the OFAC
regulations (31 CFR 586 and 587). This rule removes outdated references
to the individuals identified by the [FRYM] designation by deleting
section 744.16 from the EAR. No license requirements under the EAR
apply specifically to individuals with the [BALKANS] designation on the
Specially Designated Nationals List.
This rule also removes a reference to section 744.16 in section
744.1 of the EAR.
Although the Export Administration Act expired on August 20, 2001,
Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp., p. 783
(2002)), as extended by the Notice of August 6, 2004 (69 FR 48763,
August 10, 2004), continues the Regulations in effect under the
International Emergency Economic Powers Act.
Rulemaking Requirements
1. This final rule has been determined to be not significant for
purposes of E.O. 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748. Burden hours
associated with the Paperwork Reduction Act and Office and Management
and Budget control number 0694-0088 are not impacted by this
regulation.
3. This rule does not contain policies with federalism implications
as that term is defined under Executive Order 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (Sec. 5 U.S.C. 553 (a)(1)). Further, no
other law requires that a notice of proposed rulemaking and an
opportunity for public comment be given for this final rule. Because a
notice of proposed rulemaking and an opportunity for public comment are
not required to be given for this rule under 5 U.S.C. 553 or by any
other law, the analytical requirements of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) are not applicable. Therefore, this
regulation is issued in final form. Although there is no public comment
period, public comments on this regulation are welcome on a continuing
basis. Comments should be submitted to Sheila Quarterman, Regulatory
Policy Division, Bureau of Industry and Security, Department of
Commerce, P.O. Box 273, Washington, DC 20044.
List of Subjects in 15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
0
Accordingly, part 744 of the Export Administration Regulations (15 CFR
parts 730-799) is amended as follows:
PART 744--[AMENDED]
0
1. The authority citation for part 744 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; Sec. 901-911, Pub. L. 106-
387; Sec. 221, Pub. L. 107-56; E.O. 12058, 43 FR 20947, 3 CFR, 1978
Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608;
E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60
FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp.,
p.208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O.
13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of October 29,
2003, 68 FR 62209, 3 CFR, 2003 Comp., p. 347; Notice of August 6,
2004, 69 FR 48763 (August 10, 2004).
Sec. 744.1 [Amended]
0
2. Section 744.1 is amended by removing from paragraph (a)(1) the
sentence ``Section 744.16 prohibits exports and reexports by U.S.
persons of items subject to the EAR to persons designated pursuant to
Executive Order 13088, as amended by Executive Order 13192, including
Slobodan Milosevic, his close associates, and persons determined to be
under open indictment by the International Criminal Tribunal for the
former Yugoslavia.''
Sec. 744.16 [Removed and reserved]
0
3. Part 744 is amended by removing and reserving Sec. 744.16.
Dated: November 2, 2004.
Peter Lichtenbaum,
Assistant Secretary for Export Administration.
[FR Doc. 04-25143 Filed 11-10-04; 8:45 am]
BILLING CODE 3510-33-P