[Federal Register: December 1, 2005 (Volume 70, Number 230)]
[Rules and Regulations]
[Page 72073-72074]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de05-5]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 050812221-5221-01]
RIN 0694-AD50
Revisions to the Import Certificate Requirements in the Export
Administration Regulations
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of Industry and Security is removing the
requirement to obtain an Import Certificate in support of an export or
reexport license when the ultimate consignee or purchaser is a foreign
government or agency of Bulgaria, Czech Republic, Hungary, Poland,
Romania, Slovakia, and India. The requirement is being removed for
Bulgaria, Czech Republic, Hungary, Poland, Romania, and Slovakia
because of their membership in the North Atlantic Treaty Organization
(NATO) and their commitment to export controls, as is reflected by
their membership in multiple export control regimes, such as the
Wassenaar Arrangement, the Australia Group, the Missile Technology
Control Regime, and Nuclear Suppliers Group. This requirement is being
removed for India because of the actions it has taken under the U.S.-
India Next Steps in Strategic Partnership.
EFFECTIVE DATE: December 1, 2005.
ADDRESSES: Although this is a final rule, comments are welcome and
should be addressed to Timothy Mooney, Office of Exporter Services,
Bureau of Industry and Security, Department of Commerce, P.O. Box 273,
Washington, DC 20044, E-mailed to: tmooney@bis.doc.gov, or faxed to
202-482-3355.
Comments regarding the collections of information associated with
this rule, including suggestions for reducing the burden, should be
sent to OMB Desk Officer, New Executive Office Building, Washington, DC
20503--Attention: David Rostker; and to the Office of Administration,
Bureau of Industry and Security, Department of Commerce, 14th and
Pennsylvania Avenue, NW., Room 6883, Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Eileen Albanese, Director, Office of
Exporter Services, Bureau of Industry and Security, Telephone: (202)
482-0436.
SUPPLEMENTARY INFORMATION:
Background
The import certificate requirement has its foundation in the
Coordinating Committee on Multilateral Export Controls (COCOM). COCOM
is a former multilateral organization that cooperated in restricting
strategic exports (conventional weapons and dual use items that are
controlled for national security reasons on the Commerce Control List)
to Eastern Bloc (communist-governed countries) during the Cold War era.
Although COCOM was officially disbanded on March 31, 1994, the import
certificate remains in use by the United States and many other
countries.
U.S. exporters are required by Sec. Sec. 748.9 and 748.10 of the
Export Administration Regulations (EAR) to obtain and retain Import
Certificates for the export of items controlled for national security
(NS) reasons on the Commerce Control List, when a license is required.
This import certificate requirement applies to licensed exports to 29
Wassenaar Arrangement members and 7 additional countries (India, China,
Hong Kong, Liechtenstein, Pakistan, Singapore and Taiwan). An Import
Certificate is a certification by the issuing government that the
importer has undertaken to import the items stated on the import
certificate, that the items will not be diverted or reexported without
notification or authorization of the importing government, and,
depending on the country, the importer will notify or seek
authorization from the importing government if any of the facts of the
import certificate change. For some countries, the importer also
certifies that he or she will provide, if asked, verification that
possession of the item was taken. In general, there is an exemption
from obtaining an Import Certificate when the ultimate consignee or
purchaser is a government agency. However, prior to publication of this
rule, certain countries were excluded from this exemption (see Sec.
748.9(a)(2)).
This rule eliminates the requirement for Import Certificates set
forth in section 748.9(a)(2) when the ultimate consignee or purchaser
is a government entity in Bulgaria, the Czech Republic, Hungary,
Poland, Romania, and Slovakia. These countries are members of North
Atlantic Treaty Organization (NATO), and have taken steps to implement
effective national security export control regimes, as demonstrated by
their membership in the Wassenaar Arrangement.
In addition, in 2004, the United States committed to reviewing the
Import Certificate requirement for India, as a part of the U.S.-India
High Technology Group (HTCG) discussions. The HTCG was formed in 2002
to identify barriers to legitimate high technology trade. In the course
of these discussions, the Import Certificate requirement was identified
as a non-tariff barrier to expanded trade. In light of the actions
taken by the Government of India with regard to controlled goods or
technologies it imports from the United States pursuant to the U.S.-
India Next Steps in Strategic Partnership, this rule removes the Import
Certificate requirement for exports to Indian Government entities under
section 748.9(a)(2).
Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of August 2, 2005,
70 FR 45273 (August 5, 2005), has continued the Export Administration
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 shall any person 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 rule
involves a collection of information subject to the PRA. This
collection has been approved by OMB under control number 0694-0093,
Import Certificates, End-User Certificates, and Delivery Verification
Procedures,'' which carries a burden hour estimate of 15 to 30 minutes
per response. This rule is anticipated to have a slight decrease on the
number of licenses that require Import Certificates and not to alter
the range of total burden hours associated with this control number.
Send comments regarding these burden estimates or any other aspect of
these collections of information, including suggestions for reducing
the burden, to OMB Desk Officer, New Executive Office Building,
Washington, DC 20503; and to the Office of Administration, Bureau of
Industry and Security, Department of Commerce, 14th and Pennsylvania
Avenue, NW., Room 6883, Washington, DC 20230.
3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
[[Page 72074]]
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 (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 the Administrative Procedure
Act 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 formal
comment period, public comments on this regulation are welcome on a
continuing basis. Comments should be submitted to Timothy Mooney,
Office of Exporter Services, Bureau of Industry and Security,
Department of Commerce, P.O. Box 273, Washington, DC 20044.
List of Subjects in 15 CFR Part 748
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
0
Accordingly, part 748 of the Export Administration Regulations (15 CFR
parts 730-799) are amended as follows:
PART 748--[AMENDED]
0
1. The authority citation for 15 CFR part 748 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 2, 2005, 70 FR
45273 (August 5, 2005).
0
2. Section 748.9 is amended by revising paragraph (a)(2) to read as
follows:
Sec. 748.9 Support Documents for License Applications.
(a) * * *
(2) The ultimate consignee or purchaser is a foreign government(s)
or foreign government agency(ies), other than the government of the
People's Republic of China. To determine whether the parties to your
transaction meet the definition of ``government agency'' refer to the
definition contained in part 772 of the EAR. Remember, if either the
ultimate consignee or purchaser is not a foreign government or foreign
government agency, a statement is required from the nongovernmental
party.
* * * * *
Dated: November 28, 2005.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 05-23533 Filed 11-30-05; 8:45 am]
BILLING CODE 3510-33-P