[Federal Register: August 21, 2008 (Volume 73, Number 163)]
[Rules and Regulations]
[Page 49323-49331]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au08-3]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 740, 742, 744, 748, 750, 754, 764 and 772
[Docket No. 0612242559-8545-02]
RIN 0694-AD94
Mandatory Electronic Filing of Export and Reexport License
Applications, Classification Requests, Encryption Review Requests, and
License Exception AGR Notifications
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: This rule requires that export and reexport license
applications, classification requests, encryption review requests,
License Exception AGR notifications and related documents be submitted
to the Bureau of Industry and Security (BIS) via its Simplified Network
Application Process (SNAP-R) system. This requirement does not apply to
applications for Special Comprehensive Licenses or in certain
situations in which BIS authorizes paper submissions.
DATES: Effective date October 20, 2008.
FOR FURTHER INFORMATION CONTACT: For information about this rule
contact William Arvin, e-mail warvin@bis.doc.gov or tel. 202-482-2440.
For information about registering for or using the SNAP-R system
contact Lisa Williams at 202-482-2148.
SUPPLEMENTARY INFORMATION:
Background
BIS administers a system of export and reexport controls in
accordance with the Export Administration Regulations (EAR). In doing
so, BIS requires that parties wishing to engage in certain transactions
apply for licenses, submit encryption review requests, or submit
certain notifications to BIS. BIS also reviews, upon request,
specifications of various items and determines their proper
classification under the EAR. Currently, members of the public submit
these applications, requests and notifications to BIS in one of three
ways: via SNAP-R, via BIS's Electronic License Application Information
Network (ELAIN), or via the paper BIS Multipurpose Application Form BIS
748-P and its two appendices, the BIS 748-P A (item appendix) and the
BIS 748-P B (end user appendix). In many instances, BIS needs
additional documents to act on the submission. For documents that
relate to paper submissions, the documents can be mailed or delivered
to BIS with the BIS 748-P form. For submissions made electronically via
ELAIN, the documents must be sent to BIS separately and matched up with
the applications when they arrive.
In 2006, BIS replaced its then existing Simplified Network
Application Processing system (SNAP) with an improved system referred
to as ``SNAP Redesign (SNAP-R)''. The improvements include the ability
to include documents related to a submission in the form of PDF
(portable document format) files as ``attachments'' to the submission.
Other improvements include a feature that allows BIS personnel to
securely request additional information from the submitting party and
for the party to submit that information in a manner that ties the
chain of communication to the submission.
BIS believes that use of SNAP-R will reduce processing times and
simplify compliance with and administration of export controls. SNAP-R
provides not only improved efficiency in submission and processing, but
improved end-user security through rights management and an updated
application and security infrastructure.
Therefore, beginning October 20, 2008 all export and reexport
license applications (other than Special Comprehensive License and
Special Iraq Reconstruction License applications), classification
requests, encryption review requests, License Exception AGR
notifications, and ``attached'' related documents must be submitted to
BIS via its Simplified Network Application Process Redesign (SNAP-R)
system unless BIS authorizes paper submissions. This rule also sets
forth the criteria under which BIS authorizes paper submissions.
Changes Made by This Rule
The changes that this rule makes center on part 748 of the EAR,
which sets forth the principal procedures governing the submission of
the applications, review requests and notifications affected by this
rule. The changes are in Sec. 748.1 ``General provisions,'' Sec.
748.3 ``Classification requests, advisory opinions, and encryption
review requests,'' and in Sec. 748.6 ``General instructions for
license applications.'' The rule also makes conforming changes to a
number of EAR provisions that currently employ language related to the
paper forms.
Substantive Changes
Section 748.1 is revised to emphasize electronic filing over paper
and to set forth the basic requirement that license
[[Page 49324]]
applications (other than Special Comprehensive License or Special Iraq
Reconstruction License applications), encryption review requests,
License Exception AGR notifications, and classification requests and
any accompanying documents must be submitted via SNAP-R unless BIS
authorizes submission via paper. Revised section 748.1 continues to
specify that for paper submissions, only original BIS paper forms may
be used and that reproductions or facsimiles are not acceptable.
Section 748.1 also sets forth the criteria under which BIS will
authorize paper submissions. Those criteria are: (1) BIS has received
no more than one submission from the party in the twelve months
immediately preceding the current submission, i.e., the combined total
of the party's license applications (other than Special Comprehensive
Licenses), encryption review requests, License Exception AGR
notifications, and classification requests could not exceed one; (2)
the party does not have access to the Internet; (3) BIS has rejected
the party's electronic filing registration or revoked its eligibility
to file electronically; (4) BIS has requested that the party submit on
paper for a particular transaction; or (5) BIS has determined that
urgency, a need to implement government policy or a circumstance
outside the submitting party's control justifies allowing paper
submissions on a particular instance.
Parties who wish to submit on paper must submit the BIS Form 748-P.
In addition to the information relevant to the substance of the
submission itself, the submitter must include, either on the form or as
an attachment, a statement explaining which of the five foregoing
criteria justifies a paper submission and provide supporting
information. If BIS agrees that at least one of the criteria is met, it
will process the submission in accordance with its regular procedures.
If BIS finds that none of the criteria asserted by the submitter are
met, it will return the form without action and inform the submitter of
the reason for rejecting the request to file on paper. A decision by
BIS to reject the request to file on paper is subject to appeal under
part 756 of the EAR. This rule also moves the address for paper
submissions from Sec. 748.2 to Sec. 748.1.
Section 748.3 is revised to replace instructions about where and
how to submit classification requests, with a reference to the
procedures in Sec. 748.1 and to require that documents submitted with
the classification request be submitted in PDF format as attachments to
the SNAP-R submission unless BIS had authorized a paper submission
pursuant to Sec. 748.1 of the EAR. Section 748.3 continues to state
requirements about the kinds of information that must be included in
classification requests.
Section 748.6 is revised to require that any documents submitted in
support of any license application submitted via SNAP-R be submitted
via the SNAP-R system as PDF (portable document format) files. Section
748.6 also is revised to remove the statement that application control
numbers are preprinted on the paper forms. The paper forms will
continue to bear a preprinted application control number, but for
electronic submissions, application control numbers are communicated to
the submitter electronically once BIS accepts the submission.
Conforming Changes
Prior to publication of this rule, a number of EAR provisions
stated that a particular submission must be made on the BIS 748-P paper
form or its electronic equivalent. If such a provision referred to a
classification request or encryption review request, this rule revises
that provision to state that the submission must be made in accordance
with Sec. Sec. 748.1 and 748.3. If such a provision referred to a
license application (other than a Special Comprehensive License
application or Special Iraq Reconstruction License), this rule also
would revise that provision to state that the submission must be in
accordance with Sec. Sec. 748.1, 748.4 and 748.6. The changes
described in this paragraph are to be made in:
Sec. 740.8(b)(2), relating to classification requests
pursuant to License Exception ``Key Management Infrastructure (KMI)'';
Sec. 740.9(a)(4)(i) and (iii), relating to authorizations
to sell or dispose of or to retain abroad more than one year items
exported under License Exception ``Temporary imports, exports and
reexports (TMP)'';
Sec. 740.12(a)(2)(iii)(C), relating to applications to
exceed the frequency limits for individual gift parcels under License
Exception ``Gift parcels and humanitarian donations (GFT)'';
Sec. 740.15, footnote number 4, relating to certain
exports to U.S. or Canadian vessels;
Sec. 740.17(d)(1), relating to the submission of
encryption review requests under License Exception ``Encryption
commodities and software (ENC)'';
Sec. 742.15(b)(2)(i), relating to submission of review
requests for certain encryption items;
Supplement No. 6 to part 742, relating to submission of
review requests for certain ``mass market'' encryption commodities and
software;
Sec. 754.2(g)(1), relating to applications for export of
certain California crude oil;
Sec. 754.4(d)(1), relating to applications to export
unprocessed Western Red Cedar; and
Sec. 764.7(b)(2)(i), relating to applications to take
certain actions with respect to certain items in Libya.
This rule replaces the requirement to use the form BIS 748-P in
Sec. 740.18(c)(2) when submitting notice to the government in advance
of shipments under License Exception ``Agricultural Commodities (AGR)''
with a requirement to submit such notices in accordance with Sec.
748.1 of the EAR.
This rule also replaces references to the BIS 748-P Multipurpose
Application Form with the word ``application'' in provisions that
describe certain information that must be submitted with particular
types of license applications. This change emphasizes that the same
information is required regardless of whether an application is
submitted on paper or electronically. The change described in this
paragraph is made in:
Sec. 742.2(e)(1), relating to certain license
requirements imposed for chemical and biological weapons proliferation
concerns;
Sec. 744.21(d), relating to applications to export or
reexport certain items to known military end-uses in the People's
Republic of China;
Sec. 748.4(b)(1), relating to disclosure of parties on a
license application;
Sec. 748.4(b)(2)(ii), relating to written authority of
certain agents to submit on a principal's behalf;
Sec. 748.5 introductory paragraph and paragraph (b),
relating to parties on the application;
Sec. 754.4(d)(2) and (d)(3), relating to applications for
export of unprocessed western red cedar;
Sec. 754.5(b)(2), relating to applications to export
horses by sea;
Supplement No. 2 to Part 754, relating to applications for
export of western red cedar: and
Sec. 772.1, definition of ``Other party authorized to
receive license.''
This rule removes the reference to date time stamping in Sec.
754.2(g)(5)(i) by BIS of applications to export crude oil because that
process occurs only with paper applications. However, the rule retains
the policy in Sec. 754.2(g)(5)(i) of issuing licenses for approved
applications in the order in which the applications are received.
This rule also changes the references to Sec. 748.2(c) as a source
of BIS's address
[[Page 49325]]
in Sec. Sec. 748.3, 750.7(h)(3), 750.8(b) and 750.9(a) to a reference
to Sec. 748.1(h)(3) because the rule removes Sec. 748.2(c) and
includes the address in Sec. 748.1(h)(3).
Public Comments
Comments Related to Lack of Direct Data Interface Between SNAP-R and
Corporate Databases
BIS received comments on the proposed rule from eleven commenters.
Eight commenters stated that SNAP-R should be modified to include
capability for direct data transfer from corporate databases. Five of
these eight stated that SNAP-R should not be made mandatory until it
includes such a function. Two of the eight stated that a direct data
interface was needed but did not state that they were opposed to making
use of SNAP-R mandatory without such an interface. One of the eight
supported making use of SNAP-R mandatory, but noted the need for a
direct data interface. Four of the eight commenters stated that
``rather than terminate ELAIN replace it with a program interface that
incorporates SNAP-R data formats and document attachment
capabilities.''
The eight commenters who addressed direct data transfer offered the
following points in support of the need for a direct data interface.
Not all of the eight commenters offered all of these points and some of
these points were offered by more than one commenter.
Lack of a direct interface forces users to go outside
corporate computer systems that provide internal compliance checks, a
practice that creates a compliance risk because it reduces management's
ability to see the information and removes a basis for analysis and
audits of best practices throughout the corporation.
Manual data entry is a potential source of errors and is
inefficient and costly. One commenter estimated that it will have to
spend $50,000 in additional labor costs to do data entry in SNAP-R.
Other government programs that require submission of
export related information to the government have direct data
interfaces. Commenters specifically mentioned the D-TRADE (used for
State Department export license applications) and the Automated Export
System (used to collect shippers' export data).
The application of current Internet technologies
(including file transfer and XML data formats) to parallel the SNAP-R
Web site make the development of a SNAP-R automated interface a very
modest information systems project.
Allowing direct data interface would allow large users to
employ their own business compliance rules in the application
submission process. In some cases, these internal rules might be
stricter than the minimum EAR requirements.
Allowing direct data interface would allow large users to
incorporate automated denied persons list screening, automated status
checking, message handling and notifications into the industry side of
the system.
Although BIS addressed the impact of the rule on small
entities, it did not address the fact that a large percentage of
submissions come from a small number of submitters and the burden that
manual data entry would impose on them.
BIS acknowledges the convenience and potential cost savings that
can be provided to the public by a direct data transmission from the
applicants' computer systems to BIS. However, BIS must also consider
the security requirements of its computer systems. These security needs
are based on both Federal information system security requirements and
a statutory provision that precludes BIS from disclosing certain
information in those systems, except as provided by law. As a
government agency, BIS must comply with these requirements in a manner
that treats similarly situated parties in a similar manner.
The data provided to BIS through the submissions affected by this
rule can include sensitive international trade information about
pricing, technical design or the identity of potential customers. The
systems that contain the data are high security impact systems in
accordance with Federal Information Processing Standards Publication
199, Standards for Security Categorization of Federal Information
Systems and the National Institute of Standards and Technology Special
Publication (SP) 800-60, Guide for Mapping Types of Information and
Information Systems to Security Categories. These standards did not
exist when ELAIN was created in the 1980s.
In addition to the need to comply with government standards for
high security impact systems, BIS is obligated to implement the
provisions of Section 12(c) of the Export Administration Act of 1979,
as amended (EAA). Section 12(c) of the EAA prohibits the release of
information that was obtained for the purpose of consideration of or
that concerns license applications without a determination that the
release of such information is in the national interest. To meet this
obligation, BIS, among other things, makes efforts to guard against
unauthorized access to its computer systems that contain information
that is protected by Section 12(c) of the EAA.\1\
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\1\ Although the EAA expired in August 2001, the President has
ordered that ``the provisions of the [EAA] and the provisions for
administration of the [EAA] shall be carried out * * * so as to
continue in full force and effect * * * the export control system.''
Executive Order 13222 (Aug. 17, 2001). The Department has
determined, and federal courts have agreed, that this order has the
effect of preserving the confidentiality requirements of Section
12(c). See e.g. Wisconsin Project on Nuclear Arms Control v. U.S.
Dept. of Commerce, 317 F.3d 275 (DC Cir. 2003).
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Meeting these obligations poses ever increasing challenges for BIS.
Over the last decade, the number and sophistication of cyber attacks on
government systems has increased. BIS is a confirmed target of these
attacks and in order to prevent the loss or compromise of the data that
it is obligated to protect, BIS has adopted stringent measures.
BIS requires extraordinary IT Security measures due to its: (1)
International trade data which per FIPS-199 referenced above, carries a
``high'' security impact level, and (2) confirmation by the Department
of Homeland Security (DHS) U.S. Computer Emergency Response Team
(USCERT) that BIS is a target of international actors engaging in broad
federal level cyber espionage. The former requires data security
exceeding even the requirements of personal privacy information; the
latter requires security infrastructure over and above that provided by
commercially available products.
The general nature of the cyber-espionage threat is that BIS has
been and continues to be the target of attempts by external actors to
exfiltrate data. The history and pattern of these attacks support the
premise that their frequency and sophistication are likely to increase.
BIS bases its information technology security planning upon that
premise.
The most effective BIS response to the cyber-espionage threat is to
implement a compartmentalized network and security infrastructure to
secure mission critical export control system applications and data
from foreign intrusions. Physical and logical segregation is the same
concept applied to classified systems and data protection. BIS has
implemented this approach for the same reasons that it is applied in
classified environments--the cyber espionage vulnerabilities exceed the
protections provided by commercial products in a non-compartmentalized
environment. As confirmed with DHS and other independent federal and
[[Page 49326]]
private security experts, a compartmentalized system is the only
approach which will, with a high degree of certainty, yield results.
Selective targeted IT security measures have not been and are not
effective because of the breadth, resources, sophistication and nature
of the attack methods. For example, the BIS compartmentalization
includes, but is not limited to, export control system segregation from
general internet access, and particular e-mail message formats and
attachments. This not only allows BIS to continue to mitigate, with
100% effectiveness, the risk of BIS systems losing sensitive data, but
to ensure its systems are not used to launch an attack against the
exporter community or other agencies.
Finally, this security posture must be implemented with the
principle that any direct computer interface standard to be implemented
for the purpose of submitting data to BIS should not arbitrarily
exclude any party.
With these considerations in mind, BIS has assessed options for
accomplishing the goals of the commenters without breaching its
security and fairness obligations. This examination included, but was
not limited to, review of procedures used by the other agencies
referenced by the commenters.
For example, one method to achieve the commenters' objectives would
be to allow direct data interface between private sector computer
systems and the BIS licensing systems. BIS rejected this alternative.
Allowing a system of unknown security standards to interface directly
with a high impact security system is, in BIS's view, inconsistent with
the security controls specified in National Institute of Standards and
Technology publication 800-53A, Guide for Assessing the Security
Controls in Federal Information Systems. This position is reinforced by
the information provided by Federal and private security sources, and
the knowledge BIS has acquired in responding to previous attempts by
outside parties to gain access to data in its information systems. BIS
has determined that this method would pose an unacceptable risk of
compromise and unauthorized system and data access.
BIS also considered the option of allowing data transmission from
private sector computers to a logically and physically segregated BIS
computer that would be isolated from BIS systems that would store
sensitive data. There are options to mitigate but not to eliminate the
risk posed by malicious code which may be embedded in transmissions and
data content. Given sufficient time and resources, BIS could implement
an isolation and containment solution that would provide an acceptable
level of risk mitigation. However, the cost of the solution would
increase as the number of unique user systems authorized to interface
directly with BIS computer systems increased. The possibility of
concealing harmful code in a data transmission and the corresponding
costs and technical challenges of detecting and removing that code
exist regardless of the data interface method or format; they will
simply differ in nature if BIS applies an XML schema as suggested by
one commenter.
Because costs and complexity would increase as the number of unique
user systems increased, providing opportunity for direct data
transmission to all parties who submitted comments requesting direct
data transmission to BIS would not be cost effective given current
information technology security requirements and capabilities.
Moreover, BIS could not in fairness limit such costs and complexity by
restricting direct data transmission to a few parties or to a limited
number of service providers. Doing so would favor some private sector
parties over others and could be viewed as fostering a government
protected oligopoly.
After considering the foregoing factors, BIS concludes that
eliminating the ELAIN system and requiring use of the SNAP-R Web based
data entry system is the best available alternative given current
information technology capabilities and fiscal constraints.
Accordingly, BIS intends to discontinue use of ELAIN and require the
use of the SNAP-R system unless one of the reasons for authorizing
paper submissions set forth in this rule applies in particular case.
Comment Related to Cost Reduction Afforded by SNAP-R
One commenter noted that use of SNAP-R would likely reduce costs
and processing time compared to paper forms.
BIS agrees. One of the main advantages of an electronic system such
as SNAP-R is reduced costs and processing time.
Comments Proposing Changes to SNAP-R That Are Not Related to the
Proposed Rule
BIS received several comments proposing changes to SNAP-R that do
not address the issues in the proposed rule. BIS will consider these
comments as it further develops the SNAP-R system and may implement
them as resources become available. These comments are:
SNAP-R should provide status checking ability similar to
STELA, either in addition to STELA or instead of STELA;
Licensing officers should be able to enter remarks about
the status of a submission that would be readable by the applicant;
SNAP-R should list the licensing officer assigned to the
application;
SNAP-R should allow edits to the commodity field after the
field is saved by the user;
Improve SNAP-R rights management to allow better
management oversight via access to all of the company's submissions,
employee reassignments, assignment of access rights, systematic peer
review and coordination of export control compliance policies, and
practices among affiliated companies (Consider the United Kingdom's
SPIRE system as an example);
Allow exporters to designate third parties to submit on
their behalf and to monitor the activities of those third parties;
Include application control numbers or reference numbers
in the drop down menu;
Interact with the National Security Agency (NSA) so that
encryption requests submitted via SNAP-R are automatically routed to
NSA instead of requiring applicant to submit a copy of its SNAP-R
submission to NSA; and
Revise the ``View Messages'' screen in SNAP-R to add
columns that show the (submitter's) reference number and the
application control number and allow the submitter to sort the display
on these columns.
These comments embody proposals to make SNAP-R more useful or
effective. BIS believes that they need not be addressed in connection
with this rule. BIS will consider these comments in connection with its
future efforts to improve SNAP-R.
Comments Proposing Changes That Cannot Be Implemented at This Time
Because of Legacy System Limitations
Two comments proposed changes to SNAP-R that cannot be implemented
at this time because of limitations of the legacy Export Control
Automated Support System (ECASS). ECASS, which has been operational
since the early 1980s, is the computer system that BIS uses for
internal processing of license applications, classification requests,
encryption review requests and License Exception AGR notifications. BIS
will consider these comments in connection with its multi-year
incremental ECASS redesign and deployment of the ECASS Redesign
[[Page 49327]]
(ECASS-R) system. However, the expectation is that the changes proposed
in these two comments, if adopted, will not be implemented until the
final stage of the ECASS-R system deployment when the legacy ECASS
system is retired. This is because the legacy ECASS system architecture
is an outdated ``monolithic'' design; although the new ECASS-R system
is being implemented in modules incrementally, the legacy system must
be retired in its entirety to implement broad data element changes cost
effectively.
These two comments are:
Increase the number of characters permitted in the line
item field; and
Increase the number of characters permitted in the
technical note field.
Comment Related to the Ability of SNAP-R To Accept Data Required by the
Export Administration Regulations
One commenter stated that BIS should change the computer/
microprocessor performance field to accommodate APP (adjusted peak
performance) rather than MTOPS (millions of theoretical operations per
second).
In April 2006, the EAR were amended to replace the computer
performance metric composite theoretical performance (CTP) measured in
millions of theoretical operations per second (MTOPS) with a new metric
called adjusted peak performance (APP) measured in weighted teraFLOPS
(WT). In November 2007, another EAR amendment replaced CTP with APP for
microprocessor performance measurement. In the preamble to the April
2004 rule, BIS noted that a computer with a CTP of 190,000 MTOPS would
have an APP of approximately 0.75 WT. A change of this magnitude
requires an adjustment to the range of values that may be entered into
the relevant field in SNAP-R. Currently SNAP-R will accept a range of
values ranging from 0.0000001 to 9.9999999 WT. After considering
applications and licenses currently in its database and estimating the
rate of future increases in computer performance, BIS believes that
SNAP-R as currently configured is adequate for data input of currently
available computers and microprocessors. However, BIS estimates that
computers with a performance level of 10 WT or greater are likely to be
available sometime in the year 2009 or 2010. Therefore, BIS will begin
the change control review process to modify SNAP-R to accept values
exceeding 10 WT in the APP field.
Comments Concerning Electronically ``Attaching'' Files to SNAP-R
Submissions
BIS received comments concerning the requirements for
electronically ``attaching'' documents to the SNAP-R submissions. These
comments are:
Expand the size of supporting documents allowed via SNAP
(SNAP-R). Exporters must use both paper and electronic means for
submission of a single application.
Not all submissions are paper and exporters must use both
paper and electronic means for submission of a single application.
BIS contacted the commenter who provided this comment for
clarification and queried its licensing officers to identify instances
of the problems alluded to in these comments. With the information
obtained from those sources, BIS concluded that these comments are
intended to address the following three issues:
A submitter may not have a PDF version of the document. In
one instance identified by a BIS licensing officer, the only electronic
copy was in JPEG (joint photography experts group) format.
A document may be too large to fit into the submitter's
scanner.
The submitter's PDF file is larger than the maximum file
size that SNAP-R accepts for attachments.
BIS believes that no changes to the rule or to SNAP-R are needed
because of the issues raised in these comments. BIS selected PDF as the
file format for attachments in SNAP-R because it is widely available,
low cost and BIS can effectively implement security measures that
provide a high level of protection against the Adobe related attack
vectors. BIS notes that PDF files are widely used for transmission of
technical documents. Although some documents are too large to scan in
desktop scanners, commercial services that can scan such documents
exist. SNAP-R will accept attachment files up to 10 Mb in size. BIS has
reviewed the SNAP-R submissions that it has received and determined
that the typical file size is approximately 5 Mb. SNAP-R does not place
a limit on the number of files that may be attached to a submission. In
some cases, the submitter may be able to split the file into more than
one file to get below the file size limitations. Finally, BIS notes
that one of the criteria under which BIS will authorize paper
submissions is ``BIS has determined that urgency, a need to implement
U.S. government policy or a circumstance outside the submitting party's
control justify allowing paper submissions in a particular instance.''
BIS believes that this criterion provides it with adequate discretion
to authorize paper submissions in instances where circumstances truly
make attaching PDF files impracticable.
Comment Related to SNAP-R Registration Procedures
One commenter stated a two-week period to issue a Personal
Identification Number is not suitable if SNAP (SNAP-R) is mandatory.
BIS agrees that, in nearly all cases, two weeks should not be
needed to issue a PIN. BIS believes that most PINs are issued
substantially less than two weeks time. BIS encourages persons who
believe that the issuance of a PIN is taking inordinately long to
contact the Export Management and Compliance Division at 202 482 2148
or 202 482 0062.
Changes in This Final Rule Compared to the Proposed Rule
After review of the comments, BIS is making no changes to the
substantive points of the proposed rule in response to the comments.
BIS is making only the following technical and conforming changes
compared to the proposed rule.
The proposed rule did not state whether the applications for a
Special Iraq Reconstruction License (SIRL) would be required to be
filed via SNAP-R. SIRL applications are similar to Special
Comprehensive License (SCL) applications. This final rule explicitly
states the SNAP-R filing is not required for SIRLS, thereby giving the
two similar applications the same treatment.
In Sec. 740.17, footnote number 4 is revised to refer to
Sec. Sec. 748.1, 748.4 and 748.6, the sections that govern license
application submission under this rule.
In Sec. 742.2(e)(1), the reference to the BIS form 748-P is
changed to a reference to an application.
In Sec. 750.7(h)(3), 750.8(b), and 750.9(a) the reference to Sec.
748(c) is replaced with Sec. 748.1(d)(2) because this rule removes
Sec. 748.2(c) and includes the relevant information in Sec.
748.1(d)(2).
Rulemaking Requirements
1. This rule has been determined to be significant for purposes of
Executive Order 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
[[Page 49328]]
(OMB) Control Number. This regulation involves collections previously
approved by the OMB under control number 0694-0088, ``Simplified
Network Application Processing System'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748.
Miscellaneous and recordkeeping activities account for 12 minutes per
submission. This proposed rule would require persons seeking
authorization to submit paper filings to state, either in the
additional information block on the paper form or an attachment, which
of the criteria for paper submissions they meet and the reasons
therefore. BIS believes that requests seeking authorization to submit
paper filings would impose a minimal burden on applicants as the
information requirements are small and the number of requests is
expected to be low. Applicants making a request would identify one or
more of the 5 criteria under which BIS would authorize a paper
submission, and provide the factual basis for the authorization to
submit on paper. BIS estimates that only a small number of submissions
will seek authorization to file on paper. In 2008, more than 96% of all
submissions affected by this rule were submitted to BIS via SNAP-R.
Therefore, BIS estimates that this requirement will make no material
change of the estimated time of 58 minutes needed to prepare and submit
a BIS-748. Send comments regarding these burden estimates or any other
aspect of these collections of information, including suggestions for
reducing the burden, to David Rostker, OMB Desk Officer, by e-mail at
david_rostker@omb.eop.gov or by fax to (202) 395-7285; and to the
Regulatory Policy Division, Bureau of Industry and Security, Department
of Commerce, Room H 2705, 14th Street and Pennsylvania Ave., NW.,
Washington, DC 20230.
3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
4. The Chief Counsel for Regulation at the Department of Commerce
certified to the Chief Counsel for Advocacy at the Small Business
Administration that this rule, if adopted, would not have a significant
economic impact on a substantial number of small entities. The factual
basis was published in the proposed rule and is not repeated here. BIS
received no comments that addressed the economic impact of this rule on
small entities, therefore a final regulatory flexibility analysis was
not prepared.
List of Subjects
15 CFR Parts 740, 750 and 748
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 742
Exports, Terrorism.
15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
15 CFR Part 754
Agricultural commodities, Exports, Forests and forest products,
Horses, Petroleum, Reporting and recordkeeping requirements.
15 CFR Part 764
Administrative practice and procedure, Exports, Law enforcement,
Penalties.
15 CFR Part 772
Exports.
0
Accordingly, parts 740, 742, 744, 748, 750, 754, 764 and 772 of the
Export Administration Regulations (15 CFR 730-774) are amended as
follows:
PART 740--[AMENDED]
0
1. The authority citation for 15 CFR part 740 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
Sec. 901-911, Public Law 106-387; 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 3, 2006, 71 FR 44551 (August 7, 2006); Notice
of July 23, 2008, 73 FR 43603 (July 25, 2008).
0
2. In Sec. 740.8 revise paragraph (b)(2) to read as follows:
Sec. 740.8 Key management infrastructure (KMI).
* * * * *
(b) * * *
* * * * *
(2) For such classification requests, indicate ``License Exception
KMI'' in Block 9 on the application. Submit the request to BIS in
accordance with Sec. Sec. 748.1 and 748.3 of the EAR and send a copy
of the request to: Attn: ENC Encryption Request Coordinator, 9800
Savage Road, Suite 6940, Fort Meade, MD 20755-6000.
* * * * *
0
3. In Sec. 740.9 revise the first sentences of paragraphs (a)(4)(i)
and (a)(4)(iii) to read as follows:
Sec. 740.9 Temporary imports, exports and reexports (TMP).
* * * * *
(a) * * *
(4) * * *
(i) * * * If the exporter or the reexporter wishes to sell or
otherwise dispose of the items abroad, except as permitted by this or
other applicable provision of the EAR, the exporter or reexporter must
request authorization by submitting a license application to BIS in
accordance with Sec. Sec. 748.1, 748.4 and 748.6 of the EAR.
* * * * *
(iii) * * * If the exporter wishes to retain an item abroad beyond
the 12 months authorized by paragraph (a) of this section, the exporter
must request authorization by submitting a license application in
accordance with Sec. Sec. 748.1, 748.4 and 748.6 of the EAR to BIS 90
days prior to the expiration of the 12 month period.
* * * * *
0
4. In Sec. 740.12, revise paragraph (a)(2)(iii)(C) to read as follows:
Sec. 740.12 Gift parcels and humanitarian donations (GFT).
(a) * * *
(2) * * *
(iii) * * *
(C) Parties seeking authorization to exceed these frequency limits
due to compelling humanitarian concerns (e.g., for certain gifts of
medicine) should submit a license application in accordance with
Sec. Sec. 748.1, 748.4 and 748.6 of the EAR to BIS with complete
justification.
* * * * *
0
5. In Sec. 740.15, revise footnote 4 to paragraph (c), introductory
text to read as follows:
Sec. 740.15 Aircraft and vessels (AVS).
* * * * *
\4\ Where a license is required, see Sec. Sec. 748.1, 748.4 and
748.6 of the EAR.
* * * * *
0
6. In Sec. 740.17 revise paragraph (d)(1) to read as follows:
Sec. 740.17 Encryption commodities and software (ENC).
* * * * *
(d) * * *
* * * * *
(1) Instructions for requesting review. Review requests submitted
to BIS must be submitted as described in Sec. Sec. 748.1 and 748.3 of
the EAR. See paragraph (e)(5)(ii) of this section for the mailing
address for the ENC Encryption Request Coordinator. To ensure that your
review request is properly routed, insert the phrase ``License
Exception ENC'' in Block 9 (Special Purpose) of the application. Also,
place an ``X'' in the box marked ``Classification Request'' in Block 5
(Type of Application) of Form
[[Page 49329]]
BIS-748P or select ``Commodity Classification'' if filing
electronically. Neither the electronic nor paper forms provide a
separate block to check for the submission of encryption review
requests. Failure to properly complete these items may delay
consideration of your review request.
* * * * *
0
7. In Sec. 740.18 revise paragraph (c)(2) to read as follows:
Sec. 740.18 Agricultural commodities (AGR).
* * * * *
(c) * * *
* * * * *
(2) Procedures. You must provide prior notification of exports and
reexports under License Exception AGR by submitting a completed
application in accordance with Sec. 748.1 of the EAR. The following
blocks must be completed, as appropriate: Blocks 1, 2, 3, 4, 5 (by
marking box 5 ``Other''), 14, 16, 17, 18, 19, 21, 22 (a), (e), (f),
(g), (h), (i), (j), 23, and 25 according to the instructions described
in Supplement No. 1 to part 748 of the EAR. If your commodity is
fertilizer, western red cedar or live horses, you must confirm that BIS
has previously classified your commodity as EAR99 by placing the
Commodity Classification Automatic Tracking System (CCATS) number in
Block 22(d). BIS will not initiate the registration of an AGR
notification unless the application is complete.
* * * * *
PART 742--[AMENDED]
0
8. The authority citation for 15 CFR part 742 is revised 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; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; Sec 1503, Public Law 108-11, 117 Stat. 559; 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. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential
Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003;
Notice of July 23, 2008, 73 FR 43603 (July 25, 2008); Notice of
November 8, 2007, 72 FR 63963 (November 13, 2007).
0
9. Revise the first sentence of Sec. 742.2(e)(1) to read as follows:
Sec. 742.2 Proliferation of chemical and biological weapons.
* * * * *
(e) * * *
(1) Supplement No. 1 to part 748 of the EAR provides general
instructions for completing license applications
* * * * *
* * * * *
0
10. In Sec. 742.15, revise paragraph (b)(2)(i) to read as follows:
Sec. 742.15 Encryption items.
* * * * *
(b) * * *
* * * * *
(2) * * *
* * * * *
(i) Procedures for requesting review. To request review of your
mass market encryption products, you must submit to BIS and the ENC
Encryption Request Coordinator the information described in paragraphs
(a) through (e) of Supplement No. 6 to this part 742, and you must
include specific information describing how your products qualify for
mass market treatment under the criteria in the Cryptography Note (Note
3) of Category 5, Part 2 (``Information Security''), of the Commerce
Control List (Supplement No. 1 to part 774 of the EAR). Submit review
requests to BIS in accordance with Sec. Sec. 748.1 and 748.3 of the
EAR. To ensure that your review request is properly routed, insert the
phrase ``Mass market encryption'' in Block 9 (Special Purpose) and
place an ``X'' in the box marked ``Classification Request'' in Block 5
(Type of Application) Block 5 does not provide a separate item to check
for the submission of encryption review requests. Failure to properly
complete these items may delay consideration of your review request.
Submissions to the ENC Encryption Request Coordinator should be
directed to the mailing address indicated in Sec. 740.17(e)(5)(ii) of
the EAR. BIS will notify you if there are any questions concerning your
request for review (e.g., because of missing or incomplete support
documentation).
* * * * *
0
11. In Supplement No. 6 to part 742 revise the first sentence to read
as follows:
Supplement No. 6 to Part 742 Guidelines for Submitting Review Requests
for Encryption Items
Review requests for encryption items must include all of the
documentation described in this supplement and be submitted to BIS
in accordance with Sec. Sec. 748.1 and 748.3 of the EAR.
* * * * *
PART 744--[AMENDED]
0
The authority citation for part 744 is revised 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; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; 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 July 23, 2008, 73 FR 43603 (July
25, 2008); Notice of November 8, 2007, 72 FR 63963 (November 13,
2007).
0
12. Revise Sec. 744.21(d) to read as follows:
Sec. 744.21 Restrictions on certain military end-uses in the People's
Republic of China.
* * * * *
(d) License application procedure. When submitting a license
application pursuant to this section, you must state in the
``additional information'' block of the application that ``this
application is submitted because of the license requirement in Sec.
744.21 of the EAR (Restrictions on Certain Military End-uses in the
People's Republic of China).'' In addition, either in the additional
information block or in an attachment to the application, you must
include all known information concerning the military end-use of the
item(s). If you submit an attachment with your license application, you
must reference the attachment in the ``additional information'' block
of the application.
* * * * *
PART 748--[AMENDED]
0
13. The authority citation for 15 CFR part 748 is revised 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 July 23, 2008, 73 FR
43603 (July 25, 2008).
0
14. In Sec. 748.1, revise paragraph (a) and add a paragraph (d) to
read as follows:
Sec. 748.1 General provisions.
(a) Scope. In this part, references to the Export Administration
Regulations or EAR are references to 15 CFR chapter VII, subchapter C.
The provisions of this part involve requests for classifications and
advisory opinions, export license applications, encryption review
requests, reexport license applications, and certain license exception
notices subject to the EAR. All terms,
[[Page 49330]]
conditions, provisions, and instructions, including the applicant and
consignee certifications, contained in electronic or paper form(s) are
incorporated as part of the EAR. For the purposes of this part, the
term ``application'' refers to both electronic applications and the
Form BIS-748P: Multipurpose Application.
* * * * *
(d) Electronic Filing Required. All export and reexport license
applications (other than Special Comprehensive License or Special Iraq
Reconstruction License applications), encryption review requests,
license exception AGR notifications, and classification requests and
their accompanying documents must be filed via BIS's Simplified Network
Application Processing system (SNAP-R), unless BIS authorizes
submission via the paper forms BIS 748-P (Multipurpose Application
Form), BIS-748P-A (Item Appendix) and BIS-748P-B, (End-User Appendix).
Only original paper forms may be used. Facsimiles or reproductions are
not acceptable.
(1) Reasons for authorizing paper submissions. BIS will process
paper applications notices or requests if the submitting party meets
one or more of the following criteria:
(i) BIS has received no more than one submission (i.e. the total
number of export license applications, reexport license applications,
encryption review requests, license exception AGR notifications, and
classification requests) from that party in the twelve months
immediately preceding its receipt of the current submission;
(ii) The party does not have access to the Internet;
(iii) BIS has rejected the party's electronic filing registration
or revoked its eligibility to file electronically;
(iv) BIS has requested that the party submit a paper copy for a
particular transaction; or
(v) BIS has determined that urgency, a need to implement U.S.
government policy or a circumstance outside the submitting party's
control justify allowing paper submissions in a particular instance.
(2) Procedure for requesting authorization to file paper
applications, notifications, or requests. The applicant must state in
Block 24 or as an attachment to the paper application (Form BIS 748-P)
which of the criteria in paragraph (d)(1) of this section it meets and
the facts that support such statement. Submit the completed
application, notification or request to Bureau of Industry and
Security, U.S. Department of Commerce, 14th Street and Pennsylvania,
NW., Room H2705, Washington DC 20230.
(3) BIS decision. If BIS authorizes or requires paper filing
pursuant to this section, it will process the application, notification
or request in accordance with Part 750 of the EAR. If BIS rejects a
request to file using paper, it will return the Form BIS-748P and all
attachments to the submitting party without action and will state the
reason for its decision.
Sec. 748.2 [Amended]
0
15. In Sec. 748.2, remove paragraph (c).
0
16. In Sec. 748.3 revise; paragraph (b) introductory text, the final
sentence of paragraph (b)(1), paragraph (b)(2) and first sentence of
paragraph (c) to read as follows:
Sec. 748.3 Classification requests, advisory opinions, and encryption
review requests.
* * * * *
(b) * * * Submit classification requests in accordance with the
procedures in Sec. 748.1.
(1) * * * Classification requests must be supported by any
descriptive literature, brochures, precise technical specifications or
papers that describe the items in sufficient technical detail to enable
classification by BIS submitted as PDF files attached to the SNAP-R
submission unless a paper submission is authorized pursuant to Sec.
748.1 of the EAR.
(2) When submitting a classification request, you must complete
Blocks 1 through 5, 14, 22(a), (b), (c), (d), and (i), 24, and 25 on
the application. You must provide a recommended classification in Block
22(a) and explain the basis for your recommendation based on the
technical parameters specified in the appropriate ECCN in Block 24. If
you are unable to determine a recommended classification for your item,
include an explanation in Block 24, identifying the ambiguities or
deficiencies that precluded you from making a recommended
classification.
(c) * * * Advisory opinion requests must be in writing and be
submitted to the address listed in Sec. 748.1(d)(2). * * *
* * * * *
0
17. In Sec. 748.4, revise the third sentence of paragraph (b)(1) and
the first sentence of paragraph (b)(2)(ii) to read as follows.
Sec. 748.4 Basic guidance related to applying for a license.
* * * * *
(b) * * * (1) * * * If there is any doubt about which persons
should be named as parties to the transaction, the applicant should
disclose the names of all such persons and the functions to be
performed by each in Block 24 of the application. * * *
(2) * * *
(ii) * * * Block 7 of the application (documents on file with
applicant) must be marked ``other'' and Block 24 (Additional
information) must be marked ``748.4(b)(2)'' to indicate that the power
of attorney or other written authorization is on file with the agent.
* * * * *
0
18. In Sec. 748.5, revise the first sentence of the introductory
paragraph and the second sentence of paragraph (b) to read as follows:
Sec. 748.5 Parties to the transaction.
The following parties may be entered on the application. * * *
(a) * * *
(b) * * * If a person and address is listed in Block 15 of the
application, the Bureau of Industry and Security will send the license
to that person instead of the applicant.
* * * * *
0
19. In Sec. 748.6, revise paragraph (a), the first sentence of
paragraph (b) and paragraph (e) to read as follows:
Sec. 748.6 General instructions for license applications.
(a) Instructions. General instructions for filling out license
applications are in Supp. No. 1 to this part. Special instructions for
applications involving certain transactions are listed in Sec. 748.8
and described fully in Supp. No. 2 to this part.
(b) * * * Each application has an application control number. * * *
* * * * *
(e) Attachments to applications. Documents required to be submitted
with applications filed via SNAP-R must be submitted as PDF files using
the procedures described in SNAP-R. Documents required to be submitted
with paper applications must bear the application control number to
which they relate and, if applicable, be stapled to the paper form.
Where necessary, BIS may require you to submit additional information
beyond that stated in the EAR confirming or amplifying information
contained in your license application.
* * * * *
PART 750--[AMENDED]
0
20. The authority citation for part 750 is revised to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
Sec. 1503, Public Law 108-11, 117 Stat. 559; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783; Presidential Determination 2003-23 of May 7,
2003, 68 FR 26459, May 16, 2003;
[[Page 49331]]
Notice of July 23, 2008, 73 FR 43603 (July 25, 2008).
0
21. Revise the last sentence of Sec. 750.7(h)(3) to read as follows:
Sec. 750.7 Issuance of licenses.
* * * * *
(h) * * *
(3) * * * The written request must be submitted to BIS at the
address listed in Sec. 748.1(d)(2) of the EAR.
* * * * *
0
22. Revise the second sentence of Sec. 750.8(b) to read as follows:
Sec. 750.8 Revocation or suspension of licenses.
* * * * *
(b) * * * The license must be returned to BIS at the address listed
in Sec. 748.1(d)(2) of the EAR, Attn: ``Return of Revoked/Suspended
License''.
* * * * *
0
23. Revise the first sentence of Sec. 750.9(a) to read as follows:
Sec. 750.9 Duplicate licenses.
(a) * * * If a license is lost, stolen or destroyed, you, as the
licensee, may obtain a duplicate of the license by submitting a letter
to the BIS at the address listed in Sec. 748.1(d)(2) of the EAR,
Attention: ``Duplicate License Request''.
* * * * *
PART 754--[AMENDED]
0
24. The authority citation for 15 CFR part 754 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 30 U.S.C. 185(s), 185(u); 42
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; E.O. 11912, 41 FR
15825, 3 CFR, 1976 Comp., p. 114; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783; Notice of August 3, 2006, 71 FR 44551 (August 7,
2006); Notice of July 23, 2008, 73 FR 43603 (July 25, 2008).
0
25. In Sec. 754.2, revise paragraphs (g)(1) and (g)(5)(i) to read as
follows:
Sec. 754.2 Crude oil.
* * * * *
(g) * * *
* * * * *
(1) Applicants must submit their applications in accordance with
Sec. Sec. 748.1, 748.4 and 748.6 of the EAR.
* * * * *
(5) * * *
(i) BIS will issue licenses for approved applications in the order
in which the applications are received, with the total quantity
authorized for any one license not to exceed 25 percent of the annual
authorized volume of California heavy crude oil.
* * * * *
0
26. In Sec. 754.4, revise paragraphs (d)(1), (d)(2), and the
introductory text of paragraph (d)(3) to read as follows:
Sec. 754.4 Unprocessed Western Red Cedar.
* * * * *
(d) * * *
(1) Applicants requesting to export unprocessed western red cedar
must apply for a license in accordance with Sec. 748.1, 748.4 and
748.6 of the EAR, submit any other documents as may be required by BIS,
and submit a statement from an authorized representative of the
exporter, reading as follows:
I, (Name) (Title) of (Exporter) HEREBY CERTIFY that to the best of
my knowledge and belief the (Quantity) (cubic meters or board feed
scribner) of unprocessed western red cedar timber that (Exporter)
proposes to export was not harvested from State or Federal lands under
contracts entered into after October 1, 1979.
-----------------------------------------------------------------------
Signature
-----------------------------------------------------------------------
Date
(2) In Blocks 16 and 18 of the application, ``Various'' may be
entered when there is more than one purchaser or ultimate consignee.
(3) For each application submitted, and for each export shipment
made under a license, the exporter must assemble and retain for the
period described in part 762 of the EAR, and produce or make available
for inspection, the following:
* * * * *
0
27. In Sec. 754.5 revise the second sentence of paragraph (b)(2) to
read as follows:
Sec. 754.5 Horses for export by sea.
* * * * *
(b) * * *
(2) * * * You must provide a statement in the additional
information section of the application certifying that no horse under
consignment is being exported for the purpose of slaughter.
* * * * *
0
28. In Supplement No. 2 to Part 754, revise footnote number 2 to read
as follows:
Supplement No. 2 to Part 754--Western Red Cedar
\2\ Report commodities on license applications in the units of
quantity indicated.
* * * * *
PART 764--[AMENDED]
0
29. The authority citation for 15 CFR part 764 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
3, 2006, 71 FR 44551 (August 7, 2006); Notice of July 23, 2008, 73
FR 43603 (July 25, 2008).
0
30. In Sec. 764.7, revise the second sentence of paragraph (b)(2)(i)
to read as follows:
Sec. 764.7 Activities involving items that may have been illegally
exported or reexported to Libya.
* * * * *
(b) * * *
(2) * * *
(i) * * * License applications should be submitted in accordance
with Sec. Sec. 748.1, 748.4 and 748.6 of the EAR, and should fully
describe the relevant activity within the scope of Sec. 764.2(e) of
this part which is the basis of the application.
* * * * *
PART 772--[AMENDED]
0
31. The authority citation for 15 CFR part 772 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
3, 2006, 71 FR 44551 (August 7, 2006); Notice of July 23, 2008, 73
FR 43603 (July 25, 2008).
0
32. In Sec. 772.1 revise the second sentence of the definition of the
term ``Other party authorized to receive license.''
Sec. 772.1 Definitions of terms as used in the Export Administration
Regulations (EAR).
* * * * *
Other party authorized to receive license. * * * If a person and
address is listed in Block 15 of the application, the Bureau of
Industry and Security will send the license to that person instead of
the applicant.
* * * * *
Dated: August 7, 2008.
Christopher R. Wall,
Assistant Secretary for Export Administration.
[FR Doc. E8-18852 Filed 8-20-08; 8:45 am]
BILLING CODE 3510-33-P