81_FR_95210 81 FR 94962 - Burma: Amendment of the Export Administration Regulations Consistent With an Executive Order That Terminated U.S. Government's Sanctions

81 FR 94962 - Burma: Amendment of the Export Administration Regulations Consistent With an Executive Order That Terminated U.S. Government's Sanctions

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 81, Issue 248 (December 27, 2016)

Page Range94962-94963
FR Document2016-31208

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) consistent with Executive Order 13742 of October 7, 2016. That Executive Order terminated the national emergency with respect to the actions and policies of the Government of Burma (Burma) and revoked several Burma-related Executive Orders in recognition of Burma's substantial advances to promote democracy, including historic elections held in November 2015 that resulted in the formation of a democratically elected, civilian-led government. Specifically, in this rule, BIS removes license requirements and other restrictions on exports, reexports or transfers (in country) of items subject to the EAR made to persons whose property and interests in property were blocked pursuant to three Burma-related Executive Orders that were revoked on October 7, 2016. Consistent with the revised U.S. policy toward Burma, this rule also moves Burma from Country Group D:1 to Country Group B, a less restrictive country group placement under the EAR.

Federal Register, Volume 81 Issue 248 (Tuesday, December 27, 2016)
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Rules and Regulations]
[Pages 94962-94963]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31208]



[[Page 94962]]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740 and 744

[Docket No. 161005929-6929-01]
RIN 0694-AH18


Burma: Amendment of the Export Administration Regulations 
Consistent With an Executive Order That Terminated U.S. Government's 
Sanctions

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) consistent with Executive 
Order 13742 of October 7, 2016. That Executive Order terminated the 
national emergency with respect to the actions and policies of the 
Government of Burma (Burma) and revoked several Burma-related Executive 
Orders in recognition of Burma's substantial advances to promote 
democracy, including historic elections held in November 2015 that 
resulted in the formation of a democratically elected, civilian-led 
government. Specifically, in this rule, BIS removes license 
requirements and other restrictions on exports, reexports or transfers 
(in country) of items subject to the EAR made to persons whose property 
and interests in property were blocked pursuant to three Burma-related 
Executive Orders that were revoked on October 7, 2016. Consistent with 
the revised U.S. policy toward Burma, this rule also moves Burma from 
Country Group D:1 to Country Group B, a less restrictive country group 
placement under the EAR.

DATES:  This rule is effective December 27, 2016.

FOR FURTHER INFORMATION CONTACT: Tracy Patts, Foreign Policy Division, 
Office of Nonproliferation and Treaty Compliance at telephone (202) 
482-4252 or email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

U.S. Sanctions Against Burma

    In Executive Order 13047 of May 20, 1997, President Bill Clinton 
declared a national emergency to deal with the unusual and 
extraordinary threat to the national security and foreign policy of the 
United States posed by the actions and policies of the Government of 
Burma in response to a deepening pattern of severe repression by the 
State Law and Order Restoration Council, the then-governing regime in 
Burma, and prohibited new investment in Burma by U.S. persons.
    To take additional steps with respect to the national emergency and 
to implement the Burmese Freedom and Democracy Act of 2003 (Pub. L. 
108-61, 50 U.S.C. 1701 note) signed into law on July 28, 2003, 
President George W. Bush issued on the same day Executive Order 13310 
(E.O. 13310), which banned all imports into the United States of 
products of Burma and the export of financial services from the United 
States or by U.S. persons, wherever located, to Burma. E.O. 13310 also 
blocked the property and property interests of persons listed in its 
Annex or designated pursuant to criteria set forth in E.O. 13310. To 
address the Government of Burma's continued repression of the country's 
democratic opposition, President Bush issued two additional Executive 
Orders, Executive Order 13448 of October 18, 2007 and Executive Order 
13464 of April 30, 2008, that further expanded the scope of the 
national emergency and took additional steps with respect to it. Each 
of these two Executive Orders blocked the property and interests in 
property of persons listed in its Annex or designated pursuant to 
criteria set forth in the Executive Orders. President Barack Obama 
subsequently issued two Burma-related Executive Orders, Executive Order 
13619 of July 11, 2012 (E.O. 13619) and Executive Order 13651 of August 
6, 2013 (E.O. 13651), that further modified the scope of the national 
emergency and took additional steps with respect to it. E.O. 13619 
blocked the property and interests in property of persons listed in its 
Annex or designated pursuant to criteria set forth in the Executive 
Order. E.O. 13651 revoked the ban imposed in E.O. 13310 on the 
importation of products of Burma and imposed a ban on importing into 
the United States jadeite or rubies, and articles of jewelry containing 
jadeite or rubies, mined or extracted from Burma.
    Consistent with Executive Orders 13310, 13448, and 13464, and the 
Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 
7201 et seq.), BIS amended the EAR by creating new Sec.  744.22 (see 72 
FR 60248, October 24, 2007; 74 FR 770, January 8, 2009), to impose a 
license requirement for exports, reexports, or transfers (in country) 
of items subject to the EAR, except agricultural commodities, medicine, 
or medical devices designated as EAR99, to persons listed in or 
designated pursuant to Executive Orders 13310, 13448, or 13464. As part 
of the initial October 2007 regulatory changes, Burma was moved from 
Computer Tier 1 to Computer Tier 3 in part 740 of the EAR (License 
Exceptions), thereby restricting Burma's access to high-performance 
computers and certain related technology and software under License 
Exception APP (Sec.  740.7). In Supplement No. 1 to part 740 (Country 
Groups), Burma was moved from Country Group B (countries raising few 
national security concerns) to Country Group D:1 (countries raising 
national security concerns). This move further limited the number of 
license exceptions available for exports or reexports to Burma. Burma 
remained in Country Group D:3 (countries raising proliferation concerns 
related to chemical and biological weapons).
    As set forth in Sec.  744.22 of the EAR, exports, reexports or 
transfers of items subject to the EAR, except agricultural commodities, 
medicine, or medical devices designated as EAR99, to any person whose 
property and interests in property were blocked pursuant to Executive 
Orders 13310, 13448 or 13464, required a license under the EAR and were 
reviewed under a general policy of denial. The requirement applied to 
such ``blocked'' persons either listed in the Annexes to one of these 
three Executive Orders or to persons designated pursuant to one of the 
Executive Orders. Persons included in an Annex or designated pursuant 
to one of these Executive Orders were identified with the reference 
[BURMA] on Treasury's Office of Foreign Assets Control (OFAC's) list of 
Specially Designated Nationals and Blocked Persons on OFAC's Web site 
at http://www.treas.gov/OFAC.

Termination of U.S. Sanctions Against Burma

    In Executive Order 13742 of October 7, 2016, President Obama 
terminated the national emergency declared in Executive Order 13047 and 
revoked that Executive Order and the five additional Burma-related 
Executive Orders, including Executive Orders 13310, 13448 and 13464. 
Consistent with the President's action, in this final rule, BIS removes 
and reserves Sec.  744.22 of the EAR.
    In recognition of Burma's substantial advances to promote democracy 
identified by President Obama in Executive Order 13742, BIS is also 
removing Burma from Country Group D:1 and placing it in Country Group 
B, a change that typically broadens the scope of license exceptions 
which may be available for exports and reexports of items under the 
EAR. Note, however, that Burma will remain in Country

[[Page 94963]]

Group D:3 (countries raising proliferation concerns related to chemical 
and biological weapons). Burma will also remain in Country Group D:5 
(U.S. Arms Embargoes), consistent with Sec.  126.1 of the International 
Traffic in Arms Regulations, 22 CFR 120-130, and State Department 
Federal Register notices. Therefore, the country is subject to the 
general license exception restrictions described in section 
740.2(a)(12) of the EAR that apply to 9x515 or ``600 series'' items 
destined to, shipped from, or manufactured in a destination listed in 
Country Group D:5, except as narrowly provided in subparagraphs 
(a)(12)(i) and (ii). Further, Burma will remain in Computer Tier 3 in 
part 740 (License Exceptions) pending additional consideration. 
Finally, as a general matter, exports and reexports to Burma, and 
transfers (in country), remain subject to EAR part 744 end user and 
end-use based controls.

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, distributive 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 one approved collection: 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. This rule is 
expected to decrease the number of submissions under this collection.
    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 the President's Executive Order 13742 of October 7, 2016, 
terminating the national emergency with respect to Burma that had been 
in effect since May 20, 1997, revoking certain Burma-related Executive 
Orders that expanded or otherwise modified the national emergency, and 
waiving other statutory blocking and financial sanctions on Burma. This 
rule serves the foreign policy interests of the United States by 
removing Burma sanctions under the EAR that were directly related to 
three of the revoked Executive Orders and conforming the treatment of 
Burma under the EAR with the change in U.S. foreign policy toward the 
country already in effect pursuant to Executive Order 13742. 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 740

    Administrative practice and procedure, Burma, Exports, Reporting 
and recordkeeping requirements.

15 CFR Part 744

    Burma, Exports, Reporting and recordkeeping requirements, 
Terrorism.

    Accordingly, parts 740 and 744 of the Export Administration 
Regulations (15 CFR parts 730-774) are amended as follows:

PART 740--[AMENDED]

0
1. The authority citation for part 740 continues to read as follows:

    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
2. Supplement No. 1 to part 740 is amended by:
0
a. Adding ``Burma'' in Country Group B in alphabetical order; and
0
b. Removing the ``X'' from the row for Burma in the D:1 column of the 
Country Group D table.

PART 744--[AMENDED]

0
3. The authority citation for part 744 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; 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 November 12, 2015, 80 FR 70667 
(November 13, 2015); Notice of January 20, 2016, 81 FR 3937 (January 
22, 2016); Notice of August 4, 2016, 81 FR 52587 (August 8, 2016); 
Notice of September 15, 2016, 81 FR 64343 (September 19, 2016).


Sec.  744.22  [Removed and Reserved]

0
4. Remove and reserve Sec.  744.22.

    Dated: December 20, 2016.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2016-31208 Filed 12-23-16; 8:45 am]
 BILLING CODE 3510-13-P



                                                  94962            Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations

                                                  DEPARTMENT OF COMMERCE                                  pattern of severe repression by the State             initial October 2007 regulatory changes,
                                                                                                          Law and Order Restoration Council, the                Burma was moved from Computer Tier
                                                  Bureau of Industry and Security                         then-governing regime in Burma, and                   1 to Computer Tier 3 in part 740 of the
                                                                                                          prohibited new investment in Burma by                 EAR (License Exceptions), thereby
                                                  15 CFR Parts 740 and 744                                U.S. persons.                                         restricting Burma’s access to high-
                                                                                                             To take additional steps with respect              performance computers and certain
                                                  [Docket No. 161005929–6929–01]
                                                                                                          to the national emergency and to                      related technology and software under
                                                  RIN 0694–AH18                                           implement the Burmese Freedom and                     License Exception APP (§ 740.7). In
                                                                                                          Democracy Act of 2003 (Pub. L. 108–61,                Supplement No. 1 to part 740 (Country
                                                  Burma: Amendment of the Export                          50 U.S.C. 1701 note) signed into law on               Groups), Burma was moved from
                                                  Administration Regulations Consistent                   July 28, 2003, President George W. Bush               Country Group B (countries raising few
                                                  With an Executive Order That                            issued on the same day Executive Order                national security concerns) to Country
                                                  Terminated U.S. Government’s                            13310 (E.O. 13310), which banned all                  Group D:1 (countries raising national
                                                  Sanctions                                               imports into the United States of                     security concerns). This move further
                                                                                                          products of Burma and the export of                   limited the number of license
                                                  AGENCY:  Bureau of Industry and
                                                                                                          financial services from the United States             exceptions available for exports or
                                                  Security, Commerce.
                                                                                                          or by U.S. persons, wherever located, to              reexports to Burma. Burma remained in
                                                  ACTION: Final rule.                                     Burma. E.O. 13310 also blocked the                    Country Group D:3 (countries raising
                                                                                                          property and property interests of                    proliferation concerns related to
                                                  SUMMARY:    In this rule, the Bureau of
                                                                                                          persons listed in its Annex or                        chemical and biological weapons).
                                                  Industry and Security (BIS) amends the
                                                                                                          designated pursuant to criteria set forth                As set forth in § 744.22 of the EAR,
                                                  Export Administration Regulations
                                                                                                          in E.O. 13310. To address the                         exports, reexports or transfers of items
                                                  (EAR) consistent with Executive Order
                                                                                                          Government of Burma’s continued                       subject to the EAR, except agricultural
                                                  13742 of October 7, 2016. That
                                                                                                          repression of the country’s democratic                commodities, medicine, or medical
                                                  Executive Order terminated the national
                                                                                                          opposition, President Bush issued two                 devices designated as EAR99, to any
                                                  emergency with respect to the actions
                                                                                                          additional Executive Orders, Executive                person whose property and interests in
                                                  and policies of the Government of
                                                                                                          Order 13448 of October 18, 2007 and                   property were blocked pursuant to
                                                  Burma (Burma) and revoked several
                                                                                                          Executive Order 13464 of April 30,                    Executive Orders 13310, 13448 or
                                                  Burma-related Executive Orders in
                                                                                                          2008, that further expanded the scope of              13464, required a license under the EAR
                                                  recognition of Burma’s substantial                      the national emergency and took                       and were reviewed under a general
                                                  advances to promote democracy,                          additional steps with respect to it. Each             policy of denial. The requirement
                                                  including historic elections held in                    of these two Executive Orders blocked                 applied to such ‘‘blocked’’ persons
                                                  November 2015 that resulted in the                      the property and interests in property of             either listed in the Annexes to one of
                                                  formation of a democratically elected,                  persons listed in its Annex or                        these three Executive Orders or to
                                                  civilian-led government. Specifically, in               designated pursuant to criteria set forth             persons designated pursuant to one of
                                                  this rule, BIS removes license                          in the Executive Orders. President                    the Executive Orders. Persons included
                                                  requirements and other restrictions on                  Barack Obama subsequently issued two                  in an Annex or designated pursuant to
                                                  exports, reexports or transfers (in                     Burma-related Executive Orders,                       one of these Executive Orders were
                                                  country) of items subject to the EAR                    Executive Order 13619 of July 11, 2012                identified with the reference [BURMA]
                                                  made to persons whose property and                      (E.O. 13619) and Executive Order 13651                on Treasury’s Office of Foreign Assets
                                                  interests in property were blocked                      of August 6, 2013 (E.O. 13651), that                  Control (OFAC’s) list of Specially
                                                  pursuant to three Burma-related                         further modified the scope of the                     Designated Nationals and Blocked
                                                  Executive Orders that were revoked on                   national emergency and took additional                Persons on OFAC’s Web site at http://
                                                  October 7, 2016. Consistent with the                    steps with respect to it. E.O. 13619                  www.treas.gov/OFAC.
                                                  revised U.S. policy toward Burma, this                  blocked the property and interests in
                                                  rule also moves Burma from Country                                                                            Termination of U.S. Sanctions Against
                                                                                                          property of persons listed in its Annex
                                                  Group D:1 to Country Group B, a less                                                                          Burma
                                                                                                          or designated pursuant to criteria set
                                                  restrictive country group placement                     forth in the Executive Order. E.O. 13651                 In Executive Order 13742 of October
                                                  under the EAR.                                          revoked the ban imposed in E.O. 13310                 7, 2016, President Obama terminated
                                                  DATES: This rule is effective December                  on the importation of products of Burma               the national emergency declared in
                                                  27, 2016.                                               and imposed a ban on importing into                   Executive Order 13047 and revoked that
                                                  FOR FURTHER INFORMATION CONTACT:                        the United States jadeite or rubies, and              Executive Order and the five additional
                                                  Tracy Patts, Foreign Policy Division,                   articles of jewelry containing jadeite or             Burma-related Executive Orders,
                                                  Office of Nonproliferation and Treaty                   rubies, mined or extracted from Burma.                including Executive Orders 13310,
                                                  Compliance at telephone (202) 482–                         Consistent with Executive Orders                   13448 and 13464. Consistent with the
                                                  4252 or email Tracy.Patts@bis.doc.gov.                  13310, 13448, and 13464, and the Trade                President’s action, in this final rule, BIS
                                                                                                          Sanctions Reform and Export                           removes and reserves § 744.22 of the
                                                  SUPPLEMENTARY INFORMATION:
                                                                                                          Enhancement Act of 2000 (22 U.S.C.                    EAR.
                                                  Background                                              7201 et seq.), BIS amended the EAR by                    In recognition of Burma’s substantial
                                                                                                          creating new § 744.22 (see 72 FR 60248,               advances to promote democracy
                                                  U.S. Sanctions Against Burma                                                                                  identified by President Obama in
                                                                                                          October 24, 2007; 74 FR 770, January 8,
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                    In Executive Order 13047 of May 20,                   2009), to impose a license requirement                Executive Order 13742, BIS is also
                                                  1997, President Bill Clinton declared a                 for exports, reexports, or transfers (in              removing Burma from Country Group
                                                  national emergency to deal with the                     country) of items subject to the EAR,                 D:1 and placing it in Country Group B,
                                                  unusual and extraordinary threat to the                 except agricultural commodities,                      a change that typically broadens the
                                                  national security and foreign policy of                 medicine, or medical devices designated               scope of license exceptions which may
                                                  the United States posed by the actions                  as EAR99, to persons listed in or                     be available for exports and reexports of
                                                  and policies of the Government of                       designated pursuant to Executive Orders               items under the EAR. Note, however,
                                                  Burma in response to a deepening                        13310, 13448, or 13464. As part of the                that Burma will remain in Country


                                             VerDate Sep<11>2014   19:06 Dec 23, 2016   Jkt 241001   PO 00000   Frm 00054   Fmt 4700   Sfmt 4700   E:\FR\FM\27DER1.SGM   27DER1


                                                                   Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations                                            94963

                                                  Group D:3 (countries raising                               4. The provisions of the                           Supplement No. 1 to Part 740—
                                                  proliferation concerns related to                       Administrative Procedure Act (5 U.S.C.                [Amended]
                                                  chemical and biological weapons).                       553) requiring notice of proposed
                                                  Burma will also remain in Country                       rulemaking, the opportunity for public                ■ 2. Supplement No. 1 to part 740 is
                                                  Group D:5 (U.S. Arms Embargoes),                        participation, and a delay in effective               amended by:
                                                                                                                                                                ■ a. Adding ‘‘Burma’’ in Country Group
                                                  consistent with § 126.1 of the                          date, are inapplicable because this
                                                  International Traffic in Arms                                                                                 B in alphabetical order; and
                                                                                                          regulation involves a military or foreign
                                                  Regulations, 22 CFR 120–130, and State                                                                        ■ b. Removing the ‘‘X’’ from the row for
                                                                                                          affairs function of the United States
                                                  Department Federal Register notices.                                                                          Burma in the D:1 column of the Country
                                                                                                          under 5 U.S.C. 553(a)(1). This final rule
                                                  Therefore, the country is subject to the                                                                      Group D table.
                                                                                                          implements the President’s Executive
                                                  general license exception restrictions                  Order 13742 of October 7, 2016,                       PART 744—[AMENDED]
                                                  described in section 740.2(a)(12) of the                terminating the national emergency
                                                  EAR that apply to 9x515 or ‘‘600 series’’               with respect to Burma that had been in                ■ 3. The authority citation for part 744
                                                  items destined to, shipped from, or                     effect since May 20, 1997, revoking                   continues to read as follows:
                                                  manufactured in a destination listed in                 certain Burma-related Executive Orders
                                                  Country Group D:5, except as narrowly                                                                           Authority: 50 U.S.C. 4601 et seq.; 50
                                                                                                          that expanded or otherwise modified                   U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
                                                  provided in subparagraphs (a)(12)(i) and                the national emergency, and waiving                   42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
                                                  (ii). Further, Burma will remain in                     other statutory blocking and financial                U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
                                                  Computer Tier 3 in part 740 (License                    sanctions on Burma. This rule serves the              1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
                                                  Exceptions) pending additional                          foreign policy interests of the United                3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
                                                  consideration. Finally, as a general                    States by removing Burma sanctions                    FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
                                                  matter, exports and reexports to Burma,                 under the EAR that were directly related              12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
                                                  and transfers (in country), remain                                                                            356; E.O. 13026, 61 FR 58767, 3 CFR, 1996
                                                                                                          to three of the revoked Executive Orders              Comp., p. 228; E.O. 13099, 63 FR 45167, 3
                                                  subject to EAR part 744 end user and                    and conforming the treatment of Burma
                                                  end-use based controls.                                                                                       CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR
                                                                                                          under the EAR with the change in U.S.                 44025, 3 CFR, 2001 Comp., p. 783; E.O.
                                                  Rulemaking Requirements                                 foreign policy toward the country                     13224, 66 FR 49079, 3 CFR, 2001 Comp., p.
                                                     1. Executive Orders 13563 and 12866                  already in effect pursuant to Executive               786; Notice of November 12, 2015, 80 FR
                                                                                                          Order 13742. No other law requires that               70667 (November 13, 2015); Notice of
                                                  direct agencies to assess all costs and
                                                                                                          a notice of proposed rulemaking and an                January 20, 2016, 81 FR 3937 (January 22,
                                                  benefits of available regulatory                                                                              2016); Notice of August 4, 2016, 81 FR 52587
                                                  alternatives and, if regulation is                      opportunity for public comment be
                                                                                                                                                                (August 8, 2016); Notice of September 15,
                                                  necessary, to select regulatory                         given for this rule. Because a notice of
                                                                                                                                                                2016, 81 FR 64343 (September 19, 2016).
                                                  approaches that maximize net benefits                   proposed rulemaking and an
                                                  (including potential economic,                          opportunity for public comment are not                § 744.22   [Removed and Reserved]
                                                  environmental, public health and safety                 required to be given for this rule by 5
                                                                                                                                                                ■   4. Remove and reserve § 744.22.
                                                  effects, distributive impacts, and                      U.S.C. 553, or by any other law, the
                                                                                                          analytical requirements of the                          Dated: December 20, 2016.
                                                  equity). Executive Order 13563
                                                  emphasizes the importance of                            Regulatory Flexibility Act, 5 U.S.C. 601              Kevin J. Wolf,
                                                  quantifying both costs and benefits, of                 et seq., are not applicable. Therefore,               Assistant Secretary for Export
                                                  reducing costs, of harmonizing rules,                   this regulation is issued in final form               Administration.
                                                  and of promoting flexibility. This rule                 and is made effective immediately upon                [FR Doc. 2016–31208 Filed 12–23–16; 8:45 am]
                                                  has been determined to be not                           publication.                                          BILLING CODE 3510–13–P
                                                  significant for purposes of Executive                   List of Subjects
                                                  Order 12866.
                                                     2. Notwithstanding any other                         15 CFR Part 740                                       DEPARTMENT OF COMMERCE
                                                  provision of law, no person is required
                                                  to respond to, nor is subject to a penalty                Administrative practice and                         Bureau of Industry and Security
                                                  for failure to comply with, a collection                procedure, Burma, Exports, Reporting
                                                  of information, subject to the                          and recordkeeping requirements.                       15 CFR Parts 742 and 744
                                                  requirements of the Paperwork                           15 CFR Part 744                                       [Docket No. 161206999–6999–01]
                                                  Reduction Act of 1995 (44 U.S.C. 3501
                                                                                                                                                                RIN 0694–AH25
                                                  et seq.) (PRA), unless that collection of                 Burma, Exports, Reporting and
                                                  information displays a currently valid                  recordkeeping requirements, Terrorism.                Russian Sanctions: Addition of Certain
                                                  OMB control number. This rule affects                                                                         Entities to the Entity List, and
                                                  one approved collection: The Simplified                   Accordingly, parts 740 and 744 of the
                                                                                                          Export Administration Regulations (15                 Clarification of License Review Policy
                                                  Network Application Processing +
                                                  Redesign system (control number 0694–                   CFR parts 730–774) are amended as                     AGENCY:  Bureau of Industry and
                                                  0088), which carries a burden hour                      follows:                                              Security, Commerce.
                                                  estimate of 43.8 minutes, including the                                                                       ACTION: Final rule.
                                                                                                          PART 740—[AMENDED]
                                                  time necessary to submit license
                                                  applications, among other things, as                                                                          SUMMARY:   The Bureau of Industry and
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  well as miscellaneous and other                         ■ 1. The authority citation for part 740              Security (BIS) amends the Export
                                                  recordkeeping activities that account for               continues to read as follows:                         Administration Regulations (EAR) by
                                                  12 minutes per submission. This rule is                   Authority: 50 U.S.C. 4601 et seq.; 50               adding twenty-three entities to the
                                                  expected to decrease the number of                      U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.;          Entity List. The twenty-three entities
                                                  submissions under this collection.                      E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp.,           who are added to the Entity List have
                                                     3. This rule does not contain policies               p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001          been determined by the U.S.
                                                  with Federalism implications as that                    Comp., p. 783; Notice of August 4, 2016, 81           Government to be acting contrary to the
                                                  term is defined under E.O. 13132.                       FR 52587 (August 8, 2016).                            national security or foreign policy


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Document Created: 2018-02-14 09:13:42
Document Modified: 2018-02-14 09:13:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective December 27, 2016.
ContactTracy Patts, Foreign Policy Division, Office of Nonproliferation and Treaty Compliance at telephone (202) 482-4252 or email [email protected]
FR Citation81 FR 94962 
RIN Number0694-AH18
CFR Citation15 CFR 740
15 CFR 744
CFR AssociatedAdministrative Practice and Procedure; Burma; Exports; Reporting and Recordkeeping Requirements and Terrorism

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