80 FR 29554 - Additional Improvements and Harmonization of Export Clearance Provisions
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 80, Issue 99 (May 22, 2015)
Bureau of Industry and Security
Federal Register Volume 80, Issue 99 (May 22, 2015)
| Page Range | 29554-29555 | |
| FR Document | 2015-12296 |
[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)] [Proposed Rules] [Pages 29554-29555] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12296] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 758 [Docket No. 150220163-5163-01] RIN 0694-AG51 Additional Improvements and Harmonization of Export Clearance Provisions AGENCY: Bureau of Industry and Security, Department of Commerce. ACTION: Advanced notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Bureau of Industry and Security (BIS) in this advanced notice of proposed rulemaking (ANPR) requests comments for how the export clearance requirements under the Export Administration Regulations (EAR) can be improved, including how the EAR export clearance provisions can be better harmonized with the export clearance requirements under the International Traffic in Arms Regulations (ITAR). This ANPR is part of Commerce's retrospective regulatory review and ongoing harmonization efforts being undertaken by Commerce and State as part of Export Control Reform (ECR) implementation. This ANPR is also part of Commerce's retrospective regulatory review plan under Executive Order (EO) 13563 (see the SUPPLEMENTARY INFORMATION for availability of the plan). DATES: The Bureau of Industry and Security will accept comments on this advanced notice of proposed rulemaking until July 6, 2015. ADDRESSES: You may submit comments by any of the following methods:By the Federal eRulemaking Portal: http://www.regulations.gov. The identification number for this rulemaking is BIS-2015-0012. By email directly to publiccomments@bis.doc.gov. Include RIN 0694-AG51 in the subject line. By mail or delivery to Regulatory Policy Division, Bureau of Industry and Security, U.S. Department of Commerce, Room 2099B, 14th Street and Pennsylvania Avenue NW., Washington, DC 20230. Refer to RIN 0694-AG51. FOR FURTHER INFORMATION CONTACT: For questions about this ANPR, contact Timothy Mooney, Regulatory Policy Division, Office of Exporter Services, Bureau of Industry and Security, at 202-482-2440 or email: timothy.mooney@bis.doc.gov. SUPPLEMENTARY INFORMATION: Background The Bureau of Industry and Security (BIS) in this advanced notice of proposed rulemaking (ANPR) requests comments for how the requirements under part 758 (Export clearance) of the Export Administration Regulations (EAR) (15 CFR parts 730-774) can be improved, including how the EAR export clearance provisions can be better harmonized with the export clearance requirements under the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120- 130). This ANPR is part of Commerce's retrospective regulatory review and ongoing harmonization efforts being undertaken by Commerce and State as part of Export Control Reform (ECR) implementation. Commerce's full retrospective regulatory review plan is available at: http://open.commerce.gov/news/2011/08/23/commerce-plan-analysis-existing-rules. Harmonization of Export Clearance Provisions The President's Export Control Reform (ECR) Initiative has transferred thousands of formerly ITAR controlled defense article parts and components, along with other items, to the Commerce Control List in the EAR under the jurisdiction of the Department of Commerce. The EAR includes part 758, which specifies requirements for export clearance under the EAR. As part of ECR implementation, BIS has made certain changes to part 758 to address the addition of the 9x515 and ``600 series'' ECCNs to the CCL (see the EAR final rules published on April 16, 2013 (78 FR 22660), May 13, 2014 (79 FR 27418) and November 12, 2014 (79 FR 67055)), along with other changes to the EAR to account for the 9x515 and ``600 series'' ECCNs being added to the EAR. As a general principle, under the ECR implementation that is currently underway, wherever the ITAR and EAR have provisions that are intended to achieve the same purpose the U.S. Government is making an effort to harmonize those provisions, except when there is a reason why those provisions should remain different. The export clearance requirements under the [[Page 29555]] ITAR and the EAR are an example of requirements that may for certain provisions be harmonized to reduce the burden on exporters, improve compliance with the export clearance requirements, and ensure the export clearance requirements are achieving their intended purpose for use under the U.S. export control system, specifically under the transactions ``subject to the ITAR'' and ``subject to the EAR.'' Request for Comments on Additional Improvement and Harmonization of Export Clearance Provisions BIS is considering further revisions to part 758 of the EAR as part of Commerce's retrospective regulatory review and ongoing harmonization efforts being undertaken by Commerce and State as part of ECR implementation. As part of this review effort for how part 758 can be improved to make these provisions more effective and to assist BIS in developing regulatory changes to improve these provisions of the EAR, BIS requests comments on these potential future changes described under paragraphs (A) through (E). Export control documents in paragraphs (A) through (C) include the commercial invoice and contractual documentation. A. Require ECCNs on export control documents. The ECCN for all 9x515 and ``600 series'' items is currently required to be identified on the export control documents, along with the destination control statement. BIS is considering requiring that the ECCN be identified for all items on the Commerce Control List. This would not include items that are designated EAR99. B. Require identification of country of ultimate destination on export control documents. BIS is considering requiring that the country of ultimate destination be identified on the export control documents. This requirement would mirror the requirement in the ITAR and BIS believes that this would only impact a small number of exports where additional actions would be needed by exporters, because in most cases, the export control documents already identify the country of ultimate destination. C. Require license number or export authorization symbol on export control documents. BIS is also considering requiring that the license number or export authorization symbol be identified on export control documents. This proposed revision would require that the license number, license exception code, or no license required designation be entered on the export control documents. BIS specifically requests comments on the application of this requirement to mixed authorization and mixed jurisdiction shipments. D. Require AES filing for exports to Canada for items controlled for NS, MT, NP and CB. BIS seeks comments on the potential impact and feasibility of changing section 758.1 under paragraph (b) to require EEI filing in the AES for all exports to Canada of items controlled for National Security (NS), Missile Technology (MT), Nuclear Nonproliferation (NP), and Chemical & Biological Weapons (CB) reasons, regardless of license requirements (meaning regardless of whether the export was authorized under a license, license exception, or designated as no license required). Because of the AES filing exemption for non- licensed items to Canada, BIS currently has little visibility into the movement of these items into Canada, except for exports to Canada that involve a licensed item (see paragraph (b)(2) of section 758.1), a 9x515 or ``600 series'' item (see paragraph (b)(3) of section 758.1) or are to be transhipped to a third country (see paragraph (b)(6) of section 758.1) which do require EEI filing in the AES. Therefore, BIS is seeking information that would help us determine: --The volume of trade that would be impacted by this filing requirement; --if this filing requirement would be beneficial and practical or detrimental and burdensome for industry; --if this filing requirement would have a commercial impact on exporters; and --if there are alternative methods to collecting or accessing this data. E. Other suggestions for improving and harmonizing export clearance requirements. Any other suggestions for improving the EAR export clearance requirements, including suggestions where additional harmonization should be considered for the export clearance requirements under the EAR and ITAR to ease the regulatory burden on exporters and make the provisions more effective would be helpful to receive in response to this ANPR. These suggestions can apply to any export clearance provision under part 758 of the EAR or any other EAR provisions that relate to export clearance requirements. Comments should be submitted to BIS as described in the ADDRESSES section of this ANPR by July 6, 2015. BIS will consider all comments submitted in response to this ANPR that are received before the close of the comment period. Comments received after the end of the comment period will be considered if possible, but their consideration cannot be assured. BIS will not accept public comments accompanied by a request that a part or all of the material be treated confidentially because of its business proprietary nature or for any other reason. BIS will return such comments and materials to the persons submitting the comments and will not consider them. All public comments in response to this ANPR must be in writing and will be a matter of public record, and will be available for public inspection and copying on the BIS Freedom of Information Act (FOIA) Reading Room at http://efoia.bis.doc.gov/index.php/electronic-foia/index-of-documents. Dated: May 13, 2015. Kevin J. Wolf, Assistant Secretary of Commerce for Export Administration. [FR Doc. 2015-12296 Filed 5-21-15; 8:45 am] BILLING CODE 3510-33-P
![29554 Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules
Conclusion (2) The ECCN for each 9x515 or ‘‘600 Pennsylvania Avenue NW., Washington,
BIS is unable to determine the precise series’’ item being exported. DC 20230. Refer to RIN 0694–AG51.
number of small entities that would be (b) [Reserved] FOR FURTHER INFORMATION CONTACT: For
affected by this rule. Based on the facts Dated: May 13, 2015. questions about this ANPR, contact
and conclusions set forth above, BIS Kevin J. Wolf, Timothy Mooney, Regulatory Policy
believes that any burdens imposed by Assistant Secretary of Commerce for Export Division, Office of Exporter Services,
this rule would be offset by the Administration. Bureau of Industry and Security, at 202–
improvements made to harmonization [FR Doc. 2015–12298 Filed 5–21–15; 8:45 am] 482–2440 or email: timothy.mooney@
of the destination control statement BILLING CODE 3510–33–P
bis.doc.gov.
under the EAR and the ITAR. For these SUPPLEMENTARY INFORMATION:
reasons, the Chief Counsel for
Regulation of the Department of DEPARTMENT OF COMMERCE Background
Commerce certified to the Chief Counsel The Bureau of Industry and Security
for Advocacy of the Small Business Bureau of Industry and Security (BIS) in this advanced notice of
Administration that this rule, if adopted proposed rulemaking (ANPR) requests
in final form, would not have a 15 CFR Part 758 comments for how the requirements
significant economic impact on a under part 758 (Export clearance) of the
[Docket No. 150220163–5163–01]
substantial number of small entities. Export Administration Regulations
RIN 0694–AG51 (EAR) (15 CFR parts 730–774) can be
List of Subjects in 15 CFR Part 758
improved, including how the EAR
Administrative practice and Additional Improvements and export clearance provisions can be
procedure, Exports, Reporting and Harmonization of Export Clearance better harmonized with the export
recordkeeping requirements. Provisions clearance requirements under the
Accordingly, Part 758 of the Export International Traffic in Arms
AGENCY: Bureau of Industry and
Administration Regulations (15 CFR Regulations (ITAR) (22 CFR parts 120–
Security, Department of Commerce.
parts 730–774) is proposed to be 130). This ANPR is part of Commerce’s
ACTION: Advanced notice of proposed retrospective regulatory review and
amended as follows:
rulemaking. ongoing harmonization efforts being
PART 758—[AMENDED] undertaken by Commerce and State as
SUMMARY: The Bureau of Industry and
Security (BIS) in this advanced notice of part of Export Control Reform (ECR)
■ 1. The authority citation for 15 CFR implementation. Commerce’s full
part 758 continues to read as follows: proposed rulemaking (ANPR) requests
comments for how the export clearance retrospective regulatory review plan is
Authority: 50 U.S.C. app. 2401 et seq.; 50 requirements under the Export available at: http://open.commerce.gov/
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, news/2011/08/23/commerce-plan-
3 CFR, 2001 Comp., p. 783; Notice of August
Administration Regulations (EAR) can
be improved, including how the EAR analysis-existing-rules.
7, 2014, 79 FR 46959 (August 11, 2014).
export clearance provisions can be Harmonization of Export Clearance
■ 2. Section 758.6 is revised to read as better harmonized with the export Provisions
follows: clearance requirements under the The President’s Export Control
§ 758.6 Destination control statement and International Traffic in Arms Reform (ECR) Initiative has transferred
other information furnished to consignees. Regulations (ITAR). This ANPR is part thousands of formerly ITAR controlled
(a) The exporter shall incorporate the of Commerce’s retrospective regulatory defense article parts and components,
following information as an integral part review and ongoing harmonization along with other items, to the Commerce
of the commercial invoice and efforts being undertaken by Commerce Control List in the EAR under the
contractual documentation, when such and State as part of Export Control jurisdiction of the Department of
contractual documentation exists, Reform (ECR) implementation. This Commerce. The EAR includes part 758,
whenever items on the Commerce ANPR is also part of Commerce’s which specifies requirements for export
Control List are exported, unless the retrospective regulatory review plan clearance under the EAR. As part of ECR
export may be made under License under Executive Order (EO) 13563 (see implementation, BIS has made certain
Exception BAG or GFT (see part 740 of the SUPPLEMENTARY INFORMATION for changes to part 758 to address the
the EAR): availability of the plan). addition of the 9x515 and ‘‘600 series’’
(1) For any item on the Commerce DATES: The Bureau of Industry and ECCNs to the CCL (see the EAR final
Control List being exported, the Security will accept comments on this rules published on April 16, 2013 (78
following statement: ‘‘These items are advanced notice of proposed FR 22660), May 13, 2014 (79 FR 27418)
controlled and authorized by the U.S. rulemaking until July 6, 2015. and November 12, 2014 (79 FR 67055)),
Government for export only to the ADDRESSES: You may submit comments along with other changes to the EAR to
specified country of ultimate by any of the following methods: account for the 9x515 and ‘‘600 series’’
destination for use by the end-user • By the Federal eRulemaking Portal: ECCNs being added to the EAR.
herein identified. They may not be http://www.regulations.gov. The As a general principle, under the ECR
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
resold, transferred, or otherwise identification number for this implementation that is currently
disposed of, to any other country or to rulemaking is BIS–2015–0012. underway, wherever the ITAR and EAR
any person other than the authorized • By email directly to have provisions that are intended to
end-user or consignee(s), either in their publiccomments@bis.doc.gov. Include achieve the same purpose the U.S.
original form or after being incorporated RIN 0694–AG51 in the subject line. Government is making an effort to
into other items, without first obtaining • By mail or delivery to Regulatory harmonize those provisions, except
approval from the U.S. government or as Policy Division, Bureau of Industry and when there is a reason why those
otherwise authorized by U.S. law and Security, U.S. Department of Commerce, provisions should remain different. The
regulations’’ and Room 2099B, 14th Street and export clearance requirements under the
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![Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules 29555
ITAR and the EAR are an example of this requirement to mixed authorization comments accompanied by a request
requirements that may for certain and mixed jurisdiction shipments. that a part or all of the material be
provisions be harmonized to reduce the D. Require AES filing for exports to treated confidentially because of its
burden on exporters, improve Canada for items controlled for NS, MT, business proprietary nature or for any
compliance with the export clearance NP and CB. BIS seeks comments on the other reason. BIS will return such
requirements, and ensure the export potential impact and feasibility of comments and materials to the persons
clearance requirements are achieving changing section 758.1 under paragraph submitting the comments and will not
their intended purpose for use under the (b) to require EEI filing in the AES for consider them. All public comments in
U.S. export control system, specifically all exports to Canada of items controlled response to this ANPR must be in
under the transactions ‘‘subject to the for National Security (NS), Missile writing and will be a matter of public
ITAR’’ and ‘‘subject to the EAR.’’ Technology (MT), Nuclear record, and will be available for public
Request for Comments on Additional Nonproliferation (NP), and Chemical & inspection and copying on the BIS
Improvement and Harmonization of Biological Weapons (CB) reasons, Freedom of Information Act (FOIA)
Export Clearance Provisions regardless of license requirements Reading Room at http://
(meaning regardless of whether the efoia.bis.doc.gov/index.php/electronic-
BIS is considering further revisions to export was authorized under a license, foia/index-of-documents.
part 758 of the EAR as part of license exception, or designated as no
Commerce’s retrospective regulatory Dated: May 13, 2015.
license required). Because of the AES Kevin J. Wolf,
review and ongoing harmonization filing exemption for non-licensed items
efforts being undertaken by Commerce Assistant Secretary of Commerce for Export
to Canada, BIS currently has little Administration.
and State as part of ECR visibility into the movement of these
implementation. As part of this review items into Canada, except for exports to
[FR Doc. 2015–12296 Filed 5–21–15; 8:45 am]
effort for how part 758 can be improved Canada that involve a licensed item (see BILLING CODE 3510–33–P
to make these provisions more effective paragraph (b)(2) of section 758.1), a
and to assist BIS in developing 9x515 or ‘‘600 series’’ item (see
regulatory changes to improve these paragraph (b)(3) of section 758.1) or are CONSUMER PRODUCT SAFETY
provisions of the EAR, BIS requests to be transhipped to a third country (see COMMISSION
comments on these potential future paragraph (b)(6) of section 758.1) which
changes described under paragraphs (A) 16 CFR Part 1201
do require EEI filing in the AES.
through (E). Export control documents Therefore, BIS is seeking information [CPSC Docket No. CPSC–2012–0049]
in paragraphs (A) through (C) include that would help us determine:
the commercial invoice and contractual Safety Standard for Architectural
documentation. —The volume of trade that would be
impacted by this filing requirement; Glazing Materials
A. Require ECCNs on export control
documents. The ECCN for all 9x515 and —if this filing requirement would be AGENCY: Consumer Product Safety
‘‘600 series’’ items is currently required beneficial and practical or detrimental Commission.
to be identified on the export control and burdensome for industry; ACTION: Notice of proposed rulemaking.
documents, along with the destination —if this filing requirement would have
control statement. BIS is considering a commercial impact on exporters; SUMMARY: The Consumer Product Safety
requiring that the ECCN be identified for and Commission (‘‘CPSC’’ or ‘‘Commission’’)
all items on the Commerce Control List. —if there are alternative methods to is proposing an amendment to the
This would not include items that are collecting or accessing this data. Safety Standard for Architectural
designated EAR99. E. Other suggestions for improving Glazing Materials (16 CFR part 1201) to
B. Require identification of country of and harmonizing export clearance clarify certain test procedures specified
ultimate destination on export control requirements. Any other suggestions for in the standard. The CPSC proposes to
documents. BIS is considering requiring improving the EAR export clearance replace the testing procedures for
that the country of ultimate destination requirements, including suggestions glazing materials in certain architectural
be identified on the export control where additional harmonization should products, set forth in 16 CFR 1201.4,
documents. This requirement would be considered for the export clearance with the testing procedures contained in
mirror the requirement in the ITAR and requirements under the EAR and ITAR the voluntary standard, ANSI Z97.1–
BIS believes that this would only impact to ease the regulatory burden on 2009ε2, American National Standard for
a small number of exports where exporters and make the provisions more Safety Glazing Materials Used in
additional actions would be needed by effective would be helpful to receive in Buildings—Safety Performance
exporters, because in most cases, the response to this ANPR. These Specifications and Methods of Test.
export control documents already suggestions can apply to any export DATES: Written comments must be
identify the country of ultimate clearance provision under part 758 of received by July 21, 2015.
destination. the EAR or any other EAR provisions ADDRESSES: You may submit comments,
C. Require license number or export that relate to export clearance identified by Docket No. CPSC–2012–
authorization symbol on export control requirements. 0049, by any of the following methods:
documents. BIS is also considering Comments should be submitted to BIS Electronic Submissions: Submit
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
requiring that the license number or as described in the ADDRESSES section of electronic comments to the Federal
export authorization symbol be this ANPR by July 6, 2015. BIS will eRulemaking Portal at: http://
identified on export control documents. consider all comments submitted in www.regulations.gov. Follow the
This proposed revision would require response to this ANPR that are received instructions for submitting comments.
that the license number, license before the close of the comment period. The Commission does not accept
exception code, or no license required Comments received after the end of the comments submitted by electronic mail
designation be entered on the export comment period will be considered if (email), except through
control documents. BIS specifically possible, but their consideration cannot www.regulations.gov. The Commission
requests comments on the application of be assured. BIS will not accept public encourages you to submit electronic
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Document Created: 2015-12-15 15:44:46
Document Modified: 2015-12-15 15:44:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Advanced notice of proposed rulemaking. | |
| Dates | The Bureau of Industry and Security will accept comments on this advanced notice of proposed rulemaking until July 6, 2015. | |
| Contact | For questions about this ANPR, contact Timothy Mooney, Regulatory Policy Division, Office of Exporter Services, Bureau of Industry and Security, at 202-482-2440 or email: [email protected] | |
| FR Citation | 80 FR 29554 | |
| RIN Number | 0694-AG51 |
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