81 FR 76859 - Amendments to the Export Administration Regulations: Update of Arms Embargoes on Cote d'Ivoire, Liberia, Sri Lanka and Vietnam, and Recognition of India as Member of the Missile Technology Control Regime
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 81, Issue 214 (November 4, 2016)
Bureau of Industry and Security
Federal Register Volume 81, Issue 214 (November 4, 2016)
| Page Range | 76859-76861 | |
| FR Document | 2016-26535 |
[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)] [Rules and Regulations] [Pages 76859-76861] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26535] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR 738, 740, 742 and 746 [Docket No. 160810723-6723-01] RIN 0694-AH07 Amendments to the Export Administration Regulations: Update of Arms Embargoes on Cote d'Ivoire, Liberia, Sri Lanka and Vietnam, and Recognition of India as Member of the Missile Technology Control Regime AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement changes in controls on arms and related materiel to Cote d'Ivoire, Liberia, Sri Lanka, and Vietnam. BIS also updates the EAR to recognize the accession of India as a member of the Missile Technology Control Regime (MTCR). DATES: This rule is effective November 4, 2016. FOR FURTHER INFORMATION CONTACT: Elan Mitchell-Gee, telephone (202) 482-4252, email [email protected]. SUPPLEMENTARY INFORMATION: Background In this rule, BIS amends the Export Administration Regulations (EAR) to implement certain United Nations Security Council Resolutions (UNSCRs) adopted in 2016 that terminated arms embargoes against Cote d'Ivoire (UNSCR 2283) and Liberia (UNSCR 2288). Further, BIS removes U.S. arms embargo-related controls on Sri Lanka to reflect the Consolidated Appropriations Act, 2016, and on Vietnam pursuant to a determination made by the Secretary of State and announced by the President. BIS aims to harmonize the arms embargo-related provisions in the EAR, expressly or by reference, with the Directorate of Defense Trade Control's (DDTC) regulation of arms embargoes in Sec. 126.1 of the International Traffic in Arms Regulations (ITAR), ``Prohibited Exports, Imports, and Sales to or from Certain Countries.'' These actions further ongoing efforts to harmonize the EAR and the ITAR, and the President's Export Control Reform Initiative. The ITAR list incorporates countries subject to United Nations Security Council (UNSC) and U.S. arms embargoes. BIS primarily implements such controls through Country Group D: 5 ``U.S. Arms Embargoed Countries,'' in Supplement No. 1 to part 740 of the EAR. BIS also identifies specific countries subject to UNSC arms embargoes in part 746 of the EAR, and maintains controls on certain items pursuant to those embargoes on the Commerce Control List (CCL) in Supplement No. 1 to part 774. Countries listed in Country Group D:5 are subject to additional restrictions in the EAR, including on de minimis U.S. content, license exception availability, and licensing policy for certain items. For example, license applications for the export or reexport of items classified under 9x515 or ``600 series'' Export Control Classification Numbers (ECCNs) to countries in Country Group D:5 are reviewed consistent with the policies in Sec. 126.1 of the ITAR, as provided in paragraph (b)(ii) of Sec. 742.4 of the EAR. Additionally, license applications for items controlled on the CCL for United Nations Embargo reasons and destined to countries specified in Sec. 746.1(b) of the EAR are not approved by BIS if the authorization would be contrary to the relevant UNSCR, to the extent consistent with United States national [[Page 76860]] security and foreign policy interests. As a result of this rule, the relevant additional restrictions described above no longer apply to Cote d'Ivoire, Liberia, Sri Lanka, and Vietnam. Finally, on June 27, 2016, India acceded to the Missile Technology Control Regime (MTCR) as the 35th member. In this rule, BIS updates the EAR to recognize the status of India as a member of the Missile Technology Control Regime by amending paragraph (d) of Sec. 742.5 to remove the reference to India as an adherent to the MTCR. This rule includes a conforming amendment. Respective Updates to EAR Arms Embargoes and Special Controls by Country Cote d'Ivoire The arms embargo against Cote d'Ivoire was initially imposed through UNSCR 1572 (2004). UNSCR 2283 terminated the arms embargo against Cote d'Ivoire on April 28, 2016, in recognition of the progress achieved in the stabilization of the country, including in relation to disarmament, demobilization and reintegration, security sector reform, national reconciliation and the fight against impunity, as well as the successful conduct of the presidential election of October 25, 2015. Accordingly, this rule removes the United Nations Embargo (UN) controls on Cote d'Ivoire by removing that country from the names of UNSC arms embargoed countries in Sec. 746.1(b) and from Country Group D:5 in Supplement No. 1 to part 740 of the EAR. Liberia The arms embargo against Liberia was initially imposed through UNSCR 788 on November 19, 1992, and was continued through subsequent resolutions, including UNSCR 1903 (2009). The UNSC terminated the arms embargo against Liberia on May 25, 2016, through UNSCR 2288, in recognition of that country's progress in the past 13 years in building stable, effective and resilient national institutions. Accordingly, this rule removes the UN controls on Liberia by removing that country from the names of UNSC arms embargoed countries in Sec. 746.1(b) and from Country Group D:5 in Supplement No. 1 to part 740 of the EAR. Sri Lanka The Department of State imposed a U.S. arms embargo on Sri Lanka on March 24, 2008, in accordance with the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (Div. J, Pub. L. 110-161). However, licensing restrictions on Sri Lanka articulated in section 7044(e) of the Consolidated Appropriations Act, 2015 (Pub. L. 113-235) and in previous appropriations acts, were not carried forward in section 7044(e) of the Consolidated Appropriations Act, 2016 (Pub. L. 114-113). On May 4, 2016, DDTC announced that it would begin reviewing license applications for Sri Lanka on a case-by-case basis. Accordingly, this rule removes Sri Lanka from Country Group D:5 in Supplement No. 1 to part 740 of the EAR. Vietnam Starting in the 1960s, the Department of State imposed a lethal arms sales embargo against Vietnam. Pursuant to a determination by the Secretary of State, the President announced the United States' termination of the U.S. arms embargo against Vietnam on May 23, 2016, in furtherance of deepening and broadening ties between the United States and Vietnam since the normalization of diplomatic relations. Accordingly, BIS removes Vietnam from Country Group D:5 in Supplement No.1 to part 740 the EAR. International Export Control Regime Update: India, Member MTCR On June 27, 2016, India formally acceded to the MTCR as the 35th member. Prior to India's MTCR membership, India's commitment to the U.S.-India bilateral understanding contributed to the country's status as an ``MTCR adherent'' and placed the country among likeminded MTCR members in Country Group A:2 in Supplement No. 1 to part 740. In this rule, BIS formally recognizes India's status as a member of MTCR by removing the reference to India as only an ``MTCR adherent'' from paragraph (d) of Sec. 742.5 of the EAR. Conforming Amendment Footnote notations appear next to countries listed in the Commerce Country Chart in Supplement No. 1 to part 738 of the EAR that are subject to UNSC arms embargos. BIS removes that notation for Cote d'Ivoire and Liberia to conform to the termination of UNSC arms embargoes against those countries. Export Administration Act 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 amended by Executive Order 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of August 4, 2016, 81 FR 52587 (August 8, 2016), has continued the Export Administration Regulations in effect under the International Emergency Economic Powers Act. BIS continues to carry out the provisions of the Export Administration Act, as appropriate and to the extent permitted by law, pursuant to Executive Order 13222 as amended by Executive Order 13637. Rulemaking Requirements 1. Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distribute impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been determined to be not significant for purposes of Executive Order 12866. 2. Notwithstanding any other provision of law, no person is required to respond to, nor is 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 OMB control number. This rule affects two approved collections: (1) The Simplified Network Application Processing + Redesign system (control number 0694-0088), which carries a burden hour estimate of 43.8 minutes, including the time necessary to submit license applications, among other things, as well as miscellaneous and other recordkeeping activities that account for 12 minutes per submission; and (2) License Exceptions and Exclusions (0694-0137). This rule is not expected to increase the number of submissions under these collections. 3. This rule does not contain policies with Federalism implications as that term is defined under E.O. 13132. 4. The provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public participation, and a delay in effective date, are inapplicable because this regulation involves a military or foreign affairs function of the United States under 5 U.S.C. 553(a)(1). This final rule implements U.S. multilateral commitments pursuant to United Nations Security Council arms embargoes. The sanctions against Cote [[Page 76861]] d'Ivoire and Liberia were promulgated in part to fulfill U.S. obligations and serve collective security interests by implementing United Nations Security Council arms embargoes. Furthermore, arms embargoes were imposed on Sri Lanka and Vietnam by the United States to advance national and regional stability and security. Termination of these embargoes under the EAR recognizes progress in the security situations in Cote d'Ivoire and Liberia, changes in legislative mandates related to Sri Lanka, and the evolution of U.S. relations with Vietnam, and updates the EAR to bring it in line with those changes, including with international authorities supported by the United States and which already are in effect. Lastly, these updates and the recognition of India as a member of the MTCR help to prevent confusing the public as to the status of the named destinations for purposes of export controls under the EAR. No other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule by 5 U.S.C. 553, or by any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Therefore, this regulation is issued in final form and is made effective immediately upon publication. List of Subjects 15 CFR Part 738 Exports. 15 CFR Part 740 Administrative practice and procedure, Exports, Reporting and recordkeeping requirements. 15 CFR Part 742 Exports, Terrorism. 15 CFR Part 746 Exports, Reporting and recordkeeping requirements. Accordingly, parts 738, 740, 742 and 746 of the Export Administration Regulations (15 CFR parts 730-774) are amended as follows: PART 738--[AMENDED] 0 1. The authority citation for part 738 continues to read as follows: Authority: Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 U.S.C. 1824a; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; 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 4, 2016, 81 FR 52587 (August 8, 2016). Supplement No. 1 to Part 738--[Amended] 0 2. Supplement No. 1 to part 738 ``Commerce Country Chart'' is amended by removing the footnote notation number 1 from ``Cote d'Ivoire'' and ``Liberia''. PART 740--[AMENDED] 0 3. The authority citation for part 740 continues to read as follows: Authority: Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 7201 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 4, 2016, 81 FR 52587 (August 8, 2016). Supplement No. 1 to Part 740--[Amended] 0 4. Supplement No. 1 to part 740, Country Group D, is amended by: 0 a. Removing the entries for ``Cote d'Ivoire'', ``Liberia'' and ``Sri Lanka''; and 0 b. Removing the ``X'' under column D:5 ``U.S. Arms Embargoed Countries'' for ``Vietnam''. PART 742--[AMENDED] 0 5. The authority citation for part 742 continues to read as follows: Authority: 50 U.S.C. 4601 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, Pub. L. 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, 68 FR 26459, 3 CFR, 2004 Comp., p. 320; Notice of November 12, 2015, 80 FR 70667 (November 13, 2015); Notice of August 4, 2016, 81 FR 52587 (August 8, 2016). Sec. 742.5 [Amended] 0 6. Section 742.5 is amended by removing the clause ``, and India as an MTCR adherent,'' from the first sentence of paragraph (d). PART 746--[AMENDED] 0 7. The authority citation for 15 CFR part 746 continues to read as follows: Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C. 6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p 168; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004 Comp., p. 320; Presidential Determination 2007-7, 72 FR 1899, 3 CFR, 2006 Comp., p. 325; Notice of May 3, 2016, 81 FR 27293 (May 5, 2016); Notice of August 4, 2016, 81 FR 52587 (August 8, 2016). Sec. 746.1 [Amended] 0 8. Section 746.1 is amended by removing ``Cote d'Ivoire (Ivory Coast),'' and ``Liberia,'' from the list of countries in paragraph (b)(2). Dated: October 28, 2016. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2016-26535 Filed 11-3-16; 8:45 am] BILLING CODE 3510-33-P
![Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Rules and Regulations 76859
and effective September 15, 2016. FAA PART 71—DESIGNATION OF CLASS A, DATES: This rule is effective November
Order 7400.11A is publicly available as B, C, D, AND E AIRSPACE AREAS; AIR 4, 2016.
listed in the ADDRESSES section of this TRAFFIC SERVICE ROUTES; AND FOR FURTHER INFORMATION CONTACT: Elan
document. FAA Order 7400.11A lists REPORTING POINTS Mitchell-Gee, telephone (202) 482–4252,
Class A, B, C, D, and E airspace areas, email elan.mitchell-gee@bis.doc.gov.
air traffic service routes, and reporting ■ 1. The authority citation for Part 71
SUPPLEMENTARY INFORMATION:
continues to read as follows:
points.
Authority: 49 U.S.C. 106(f), 106(g); 40103, Background
The Rule 40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR, In this rule, BIS amends the Export
1959–1963 Comp., p. 389.
This amendment to Title 14, Code of Administration Regulations (EAR) to
Federal Regulations (14 CFR) part 71 § 71.1 [Amended] implement certain United Nations
establishes Class E Airspace at Murray Security Council Resolutions (UNSCRs)
■ 2. The incorporation by reference in
Calloway County Hospital Heliport, adopted in 2016 that terminated arms
14 CFR 71.1 of FAA Order 7400.11A,
embargoes against Cote d’Ivoire (UNSCR
Murray, KY. Controlled airspace Airspace Designations and Reporting
2283) and Liberia (UNSCR 2288).
extending upward from 700 feet above Points, dated August 3, 2016, effective
September 15, 2016, is amended as Further, BIS removes U.S. arms
the surface within a 6-mile radius of the
follows: embargo-related controls on Sri Lanka to
heliport is established for IFR reflect the Consolidated Appropriations
operations. Paragraph 6005. Class E Airspace Areas Act, 2016, and on Vietnam pursuant to
Extending Upward From 700 Feet or More a determination made by the Secretary
Regulatory Notices and Analyses Above the Surface of the Earth.
of State and announced by the
The FAA has determined that this * * * * * President.
regulation only involves an established ASO KY E5 Murray, KY [New] BIS aims to harmonize the arms
body of technical regulations for which Murray Calloway County Hospital Heliport, embargo-related provisions in the EAR,
frequent and routine amendments are KY expressly or by reference, with the
necessary to keep them operationally (Lat. 36°36′27″ N., long. 88°18′36″ W.) Directorate of Defense Trade Control’s
current. It, therefore: (1) Is not a That airspace extending upward from 700 (DDTC) regulation of arms embargoes in
‘‘significant regulatory action’’ under feet above the surface within a 6-mile radius § 126.1 of the International Traffic in
Executive Order 12866; (2) is not a of Murray Calloway County Hospital Arms Regulations (ITAR), ‘‘Prohibited
Heliport. Exports, Imports, and Sales to or from
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44 Issued in College Park, Georgia, on October Certain Countries.’’ These actions
FR 11034; February 26, 1979); and (3) 21, 2016. further ongoing efforts to harmonize the
does not warrant preparation of a Ryan W. Almasy, EAR and the ITAR, and the President’s
regulatory evaluation as the anticipated Manager, Operations Support Group, Eastern Export Control Reform Initiative. The
Service Center, Air Traffic Organization. ITAR list incorporates countries subject
impact is so minimal. Since this is a
[FR Doc. 2016–26449 Filed 11–3–16; 8:45 am] to United Nations Security Council
routine matter that only affects air traffic
BILLING CODE 4910–13–P (UNSC) and U.S. arms embargoes. BIS
procedures and air navigation, it is primarily implements such controls
certified that this rule, when through Country Group D: 5 ‘‘U.S. Arms
promulgated, does not have a significant Embargoed Countries,’’ in Supplement
economic impact on a substantial DEPARTMENT OF COMMERCE
No. 1 to part 740 of the EAR. BIS also
number of small entities under the Bureau of Industry and Security identifies specific countries subject to
criteria of the Regulatory Flexibility Act. UNSC arms embargoes in part 746 of the
Environmental Review 15 CFR 738, 740, 742 and 746 EAR, and maintains controls on certain
items pursuant to those embargoes on
[Docket No. 160810723–6723–01]
The FAA has determined that this the Commerce Control List (CCL) in
action qualifies for categorical exclusion RIN 0694–AH07 Supplement No. 1 to part 774.
under the National Environmental Countries listed in Country Group D:5
Amendments to the Export are subject to additional restrictions in
Policy Act in accordance with FAA
Administration Regulations: Update of the EAR, including on de minimis U.S.
Order 1050.1F, ‘‘Environmental
Arms Embargoes on Cote d’Ivoire, content, license exception availability,
Impacts: Policies and Procedures,’’
Liberia, Sri Lanka and Vietnam, and and licensing policy for certain items.
paragraph 5–6.5a. This airspace action Recognition of India as Member of the
is not expected to cause any potentially For example, license applications for
Missile Technology Control Regime the export or reexport of items classified
significant environmental impacts, and
no extraordinary circumstances exist AGENCY: Bureau of Industry and under 9x515 or ‘‘600 series’’ Export
Security, Commerce. Control Classification Numbers (ECCNs)
that warrant preparation of an
ACTION: Final rule.
to countries in Country Group D:5 are
environmental assessment.
reviewed consistent with the policies in
Lists of Subjects in 14 CFR Part 71 SUMMARY: In this rule, the Bureau of § 126.1 of the ITAR, as provided in
Industry and Security (BIS) amends the paragraph (b)(ii) of § 742.4 of the EAR.
Airspace, Incorporation by reference, Export Administration Regulations Additionally, license applications for
Navigation (air). (EAR) to implement changes in controls items controlled on the CCL for United
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Adoption of the Amendment on arms and related materiel to Cote Nations Embargo reasons and destined
d’Ivoire, Liberia, Sri Lanka, and to countries specified in § 746.1(b) of
In consideration of the foregoing, the Vietnam. BIS also updates the EAR to the EAR are not approved by BIS if the
Federal Aviation Administration recognize the accession of India as a authorization would be contrary to the
amends 14 CFR part 71 as follows: member of the Missile Technology relevant UNSCR, to the extent
Control Regime (MTCR). consistent with United States national
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d’Ivoire and Liberia were promulgated 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 Comp., p. 899; E.O. 13222, 66 FR 44025, 3
in part to fulfill U.S. obligations and FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR
serve collective security interests by 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 26751, 3 CFR, 2004 Comp., p 168;
783; Notice of August 4, 2016, 81 FR 52587 Presidential Determination 2003–23, 68 FR
implementing United Nations Security
(August 8, 2016). 26459, 3 CFR, 2004 Comp., p. 320;
Council arms embargoes. Furthermore, Presidential Determination 2007–7, 72 FR
arms embargoes were imposed on Sri Supplement No. 1 to Part 738— 1899, 3 CFR, 2006 Comp., p. 325; Notice of
Lanka and Vietnam by the United States [Amended] May 3, 2016, 81 FR 27293 (May 5, 2016);
to advance national and regional Notice of August 4, 2016, 81 FR 52587
■ 2. Supplement No. 1 to part 738
stability and security. Termination of (August 8, 2016).
‘‘Commerce Country Chart’’ is amended
these embargoes under the EAR
by removing the footnote notation § 746.1 [Amended]
recognizes progress in the security
number 1 from ‘‘Cote d’Ivoire’’ and
situations in Cote d’Ivoire and Liberia, ■ 8. Section 746.1 is amended by
‘‘Liberia’’.
changes in legislative mandates related removing ‘‘Cote d’Ivoire (Ivory Coast),’’
to Sri Lanka, and the evolution of U.S. PART 740—[AMENDED] and ‘‘Liberia,’’ from the list of countries
relations with Vietnam, and updates the in paragraph (b)(2).
EAR to bring it in line with those ■ 3. The authority citation for part 740 Dated: October 28, 2016.
changes, including with international continues to read as follows: Kevin J. Wolf,
authorities supported by the United Authority: Authority: 50 U.S.C. 4601 et Assistant Secretary for Export
States and which already are in effect. seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 7201 Administration.
Lastly, these updates and the et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996
[FR Doc. 2016–26535 Filed 11–3–16; 8:45 am]
recognition of India as a member of the Comp., p. 228; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; Notice of August BILLING CODE 3510–33–P
MTCR help to prevent confusing the
public as to the status of the named 4, 2016, 81 FR 52587 (August 8, 2016).
destinations for purposes of export Supplement No. 1 to Part 740—
controls under the EAR. No other law DEPARTMENT OF THE TREASURY
[Amended]
requires that a notice of proposed
■ 4. Supplement No. 1 to part 740, Office of Foreign Assets Control
rulemaking and an opportunity for
public comment be given for this rule. Country Group D, is amended by:
■ a. Removing the entries for ‘‘Cote 31 CFR Parts 501 and 593 and
Because a notice of proposed
d’Ivoire’’, ‘‘Liberia’’ and ‘‘Sri Lanka’’; Appendix A to Chapter V
rulemaking and an opportunity for
public comment are not required to be and
■ b. Removing the ‘‘X’’ under column Amendments to OFAC Regulations To
given for this rule by 5 U.S.C. 553, or Remove the Former Liberian Regime of
by any other law, the analytical D:5 ‘‘U.S. Arms Embargoed Countries’’
for ‘‘Vietnam’’. Charles Taylor Sanctions Regulations
requirements of the Regulatory and References to Fax-on-Demand
Flexibility Act, 5 U.S.C. 601 et seq., are PART 742—[AMENDED] Service
not applicable. Therefore, this
regulation is issued in final form and is ■ 5. The authority citation for part 742 AGENCY: Office of Foreign Assets
made effective immediately upon continues to read as follows: Control, Treasury
publication. Authority: 50 U.S.C. 4601 et seq.; 50 ACTION: Final rule.
List of Subjects 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 SUMMARY: The Department of the
15 CFR Part 738 U.S.C. 7210; Sec. 1503, Pub. L. 108–11, 117 Treasury’s Office of Foreign Assets
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, Control (OFAC) is removing from the
Exports.
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, Code of Federal Regulations the Former
15 CFR Part 740 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 Liberian Regime of Charles Taylor
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. Sanctions Regulations as a result of the
Administrative practice and
13026, 61 FR 58767, 3 CFR, 1996 Comp., p. termination of the national emergency
procedure, Exports, Reporting and 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
recordkeeping requirements. on which the regulations were based.
Comp., p. 783; Presidential Determination
OFAC also is amending the Reporting,
15 CFR Part 742 2003–23, 68 FR 26459, 3 CFR, 2004 Comp.,
p. 320; Notice of November 12, 2015, 80 FR Procedures and Penalties Regulations
Exports, Terrorism. 70667 (November 13, 2015); Notice of August and Appendix A to chapter V by making
4, 2016, 81 FR 52587 (August 8, 2016). technical changes including to remove
15 CFR Part 746 references to OFAC’s fax-on-demand
Exports, Reporting and recordkeeping § 742.5 [Amended] service in order to reflect the
requirements. ■ 6. Section 742.5 is amended by discontinuation of that service.
Accordingly, parts 738, 740, 742 and removing the clause ‘‘, and India as an DATES: Effective: November 4, 2016.
746 of the Export Administration MTCR adherent,’’ from the first sentence FOR FURTHER INFORMATION CONTACT: The
Regulations (15 CFR parts 730–774) are of paragraph (d). Department of the Treasury’s Office of
amended as follows: Foreign Assets Control: Assistant
PART 746—[AMENDED]
PART 738—[AMENDED] Director for Licensing, tel.: 202–622–
■ 7. The authority citation for 15 CFR 2480, Assistant Director for Regulatory
Affairs, tel.: 202–622–4855, Assistant
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■ 1. The authority citation for part 738 part 746 continues to read as follows:
continues to read as follows: Director for Sanctions Compliance &
Authority: 50 U.S.C. 4601 et seq.; 50
Authority: Authority: 50 U.S.C. 4601 et U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503,
Evaluation, tel.: 202–622–2490, or the
seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 7420; Pub. L. 108–11, 117 Stat. 559; 22 U.S.C. 6004; Department of the Treasury’s Office of
10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. the Chief Counsel (Foreign Assets
3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. Control), Office of the General Counsel,
15 U.S.C. 1824a; 50 U.S.C. 4305; 22 U.S.C. 614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 tel.: 202–622–2410.
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Document Created: 2018-02-14 08:27:19
Document Modified: 2018-02-14 08:27:19
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective November 4, 2016. | |
| Contact | Elan Mitchell-Gee, telephone (202) 482-4252, email [email protected] | |
| FR Citation | 81 FR 76859 | |
| RIN Number | 0694-AH07 | |
| CFR Citation | 15
CFR
738 15 CFR 740 15 CFR 742 15 CFR 746 | |
| CFR Associated | Exports; Administrative Practice and Procedure; Reporting and Recordkeeping Requirements and Terrorism |
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