82 FR 6216 - Support Document Requirements With Respect to Hong Kong
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 82, Issue 12 (January 19, 2017)
Bureau of Industry and Security
Federal Register Volume 82, Issue 12 (January 19, 2017)
| Page Range | 6216-6218 | |
| FR Document | 2017-00446 |
[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)] [Rules and Regulations] [Pages 6216-6218] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00446] [[Page 6216]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 740, 748, and 762 [Docket No. 161230999-7013-01] RIN 0694-AH11 Support Document Requirements With Respect to Hong Kong AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule requires persons intending to export or reexport to Hong Kong any item subject to the Export Administration Regulations (EAR) and controlled on the Commerce Control List (CCL) for national security (NS), missile technology (MT), nuclear nonproliferation (NP column 1), or chemical and biological weapons (CB) reasons to obtain, prior to such export or reexport, a copy of a Hong Kong import license or a written statement from the Hong Kong government that such a license is not required. This rule also requires persons intending to reexport from Hong Kong any item subject to the EAR and controlled for NS, MT, NP column 1, or CB reasons to obtain a Hong Kong export license or a statement from the Hong Kong government that such a license is not required. DATES: The rule is effective April 19, 2017. FOR FURTHER INFORMATION CONTACT: Tracey Patts, Foreign Policy Division, Bureau of Industry and Security, Phone: (202) 482-4252. SUPPLEMENTARY INFORMATION: Background The government of the Hong Kong Special Administrative Region maintains an import and export control system. The ``Import and Export (Strategic Commodities) Regulations'' are an integral part of that system. Schedules in those regulations identify articles that may not be imported or exported without a license from Hong Kong's Director- General of Trade and Industry. Those schedules and much of the CCL are based on the control lists published by four multilateral export control regimes. Export control classification number (ECCN) entries on the CCL identify one or more reason(s) for which listed items are controlled. Four of these reasons for control are based on the four multilateral export control regimes, as follows: The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (NS on the CCL), the Missile Technology Control Regime (MT on the CCL), the Nuclear Suppliers Group (NP column 1 on the CCL), and the Australia Group (CB on the CCL). Because the Hong Kong schedules and most of the CCL are developed from these same four sources, large portions of both sets of documents cover the same items. The government of the Hong Kong Special Administrative Region uses information from the import licenses that it issues to identify articles that require an export license. This rule imposes new support documentation requirements affecting items subject to the EAR that are exported or reexported to Hong Kong or are reexported from Hong Kong. BIS is taking this action to provide greater assurance that U.S. origin items that are subject to the multilateral control regimes noted above will be properly authorized by the United States to their final destination, even when those items first pass through Hong Kong. This rule does not impose any new license requirements. Exports and Reexports to Hong Kong This rule requires exporters and reexporters using a BIS license or a license exception to export or reexport to Hong Kong items controlled for NS, MT, NP column 1, or CB reasons to obtain certain documents that verify the items' status under the Hong Kong Import and Export (Strategic Commodities) Regulations. The exporter or reexporter must obtain from its client or consignee a copy of a valid import license issued to the Hong Kong importer by the Hong Kong government authorizing import of the item(s) to be shipped to Hong Kong, or a copy of a written statement issued by the Hong Kong government stating that no import license is required to import the item(s) into Hong Kong. The exporter or reexporter must have the copies in its possession, and any Hong Kong import license must not have expired at the time of the export or reexport to Hong Kong. For purposes of this requirement, a written statement issued by the Hong Kong government includes either a written communication to a license applicant informing the applicant that the item does not require a license or a statement available to the general public (including a statement on a Web site by the Hong Kong government) that a license is not required for the item. Reexports From Hong Kong This rule also requires reexporters in Hong Kong intending to reexport from Hong Kong items subject to the EAR that are controlled for NS, MT, NP column 1, or CB reasons to obtain from the Hong Kong government a license authorizing export from Hong Kong of the items, or a copy of a written statement issued by the Hong Kong government stating that no export license is required from Hong Kong to export the items. If a Hong Kong license is issued, the reexport must be in accordance with the terms of that license and must be completed during the validity period of the Hong Kong-issued export license. For purposes of this requirement, a written statement issued by the Hong Kong government includes a written communication to a license applicant informing the applicant that the item does not require a license or a statement available to the general public (including a statement on a Web site by the Hong Kong government) that a license is not required for the item. Export Administration Act Since August 21, 2001, the Export Administration Act of 1979, as amended, has been in lapse. However, 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 EAR 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, distributive impacts, and equity). 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 shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. This rule includes an expansion of an existing collection of information approved [[Page 6217]] under OMB control number 0694-0093--Import Certificate and End-User Certificate, for which the current burden estimates are 5,872 responses and 1,618 hours annually. BIS expects that this rule will increase the number of transactions for which exporters and reexporters will have to acquire support documentation by about 12,000 transactions annually, with a corresponding increase in the number of burden hours. Send comments regarding this burden estimate or any other aspect of this collections of information, including suggestions for reducing the burden, to Jasmeet K. Seehra, Office of Management and Budget, by email at [email protected] or by fax to (202) 395-7285 and to Hillary Hess, BIS, at [email protected]. 3. This rule does not contain policies with Federalism implications as that term is defined under Executive Order 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 30-day delay in effective date, are inapplicable because this regulation involves a military and foreign affairs function of the United States (5 U.S.C. 553(a)(1)). Therefore, we are issuing this action as a final rule. This action will foster effective administration of and compliance with the export control regulations of the Hong Kong Special Administrative Region with respect to U.S.-origin items. Those regulations apply to items that are listed on the control lists of multilateral export control regimes of which the United States is a member. Effective control over such items imported into Hong Kong by the government of the Hong Kong Special Administrative Region serves the United States' national security and foreign policy interests directly, because many of these items are controlled due to their national security significance or their potential to be used in activities that would promote proliferation of weapons of mass destruction or in regional destabilizing activities. This rule also enhances the effectiveness of the multilateral control regimes, which serves United States interests in two ways. First, widespread consistent implementation of those regime-based export controls promotes peace and stability throughout the world generally. Second, this rule signals to other nations, regime member states and non-members alike, the United States' determination that distribution of U.S. origin items throughout the world will be in accordance with its regime commitments. Moreover, BIS expects that in nearly all instances, this rule requires only that a party in Hong Kong obtain a license that is already required under Hong Kong law. In those instances, no new action is required by persons reexporting from Hong Kong and the only new action with respect to exports and reexports to Hong Kong is for the person in Hong Kong to send a copy of the license to its supplier. In the limited instances where the CCL covers items with one or more of the reasons for control noted above that are not listed on the Hong Kong control, such as when the Hong Kong Government and the United States Government update their control lists in response the changes in the multilateral export control regime lists at different times, the party in Hong Kong will have to obtain a written statement from the Hong Kong Government that a Hong Kong license is not required. However, the rule gives the party in Hong Kong several options for providing the required information. Various documents, including the Hong Kong government's specific response to a license application informing the applicant that a license is not required and more general statements downloaded from a Hong Kong Government Web site, will be adequate to fulfill this requirement. One document may be used for multiple shipments as long as the document remains accurate. Despite the importance of prompt publication and effectiveness to our foreign policy goals as noted above, BIS recognizes that some exporters and reexporters will need time to obtain the required documentation from their customers for all transactions subject to this rule. Therefore, the effective date of this final rule is ninety days after publication. List of Subjects 15 CFR Parts 740 and 748 Administrative practice and procedure, Exports, Reporting and recordkeeping requirements. 15 CFR Part 762 Administrative practice and procedure, Business and industry, Confidential business information, Exports, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, parts 740, 742, and 762 of the Export Administration Regulations (15 CFR parts 730 through 774) are amended as follows: PART 740--LICENSE EXCEPTIONS 0 1. The authority citation for part 740 is revised 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). 0 2. In Sec. 740.2, add paragraphs (a)(19) and (20) to read as follows: Sec. 740.2 Restrictions on all License Exceptions. (a) * * * (19) The exporter or reexporter to Hong Kong of any item subject to the EAR and controlled on the CCL for NS, MT, NP Column 1, or CB reasons has not received one of the following with respect to the item: (i) A copy of an import license issued to the Hong Kong importer by the Government of the Hong Kong Special Administrative Region, pursuant to the Hong Kong Import and Export (Strategic Commodities) Regulations, that covers all items to be exported or reexported pursuant to that license exception for which a Hong Kong import license is required and that is valid on the date of the export or reexport that is subject to the EAR; or (ii) A copy of a written statement issued by the Government of the Hong Kong Special Administrative Region that no import license is required to import into Hong Kong the item(s) to be exported or reexported. The statement may have been issued directly to the Hong Kong importer or it may be a written statement available to the general public. The statement may be used for more than one export or reexport to Hong Kong so long as it remains an accurate statement of Hong Kong law. (20) The reexporter from Hong Kong of any item subject to the EAR controlled on the CCL for NS, MT, NP column 1, or CB reasons has not received one of the following with respect to the item: (i) An export license issued by the Government of the Hong Kong Special Administrative Region, pursuant to the Hong Kong Import and Export (Strategic Commodities) Regulations, that covers all items to be reexported pursuant to that license exception for which a Hong Kong export license is required and that is valid on the date of the reexport that is subject to the EAR; or (ii) A copy of a written statement issued by the Government of the Hong Kong Special Administrative Region that no Hong Kong export license is required for the item(s) to be rexported. [[Page 6218]] The statement may have been issued directly to the Hong Kong reexporter or it may be a written statement available to the general public. The statement may be used for more than one reexport from Hong Kong so long as it remains an accurate statement of Hong Kong law. PART 748--APPLICATIONS (CLASSIFICATION, ADVISORY, AND LICENSE) AND DOCUMENTATION 0 3. The authority citation for part 748 is revised to read as follows: Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 4, 2016, 81 FR 52587 (August 8, 2016). 0 4. 748.9(b) is amended by revising the section heading, revising paragraph (b) and all notes to paragraph (b), and adding two sentences to the end paragraph of (e)(1), to read as follows: Sec. 748.9 Support documents for evaluation of foreign parties in license applications and/or for promoting compliance with license requirements. * * * * * (b) Requirements to obtain support documents for license applications. Unless an exception in paragraph (c) of this section applies, a support document is required for certain license applications for: (1) The People's Republic of China (PRC) other than the Hong Kong Special Administrative Region (see Sec. Sec. 748.10 and 748.11(a)(2)); (2) ``600 Series Major Defense Equipment'' (see Sec. 748.11); (3) Firearms and related commodities to member countries of the Organization of American States (see Sec. 748.12); and (4) The Hong Kong Special Administrative Region of the People's Republic of China (see Sec. 748.13). Note 1 to Paragraph (b): On a case-by-case basis, BIS may require license applicants to obtain a support document for any license application. Note 2 to Paragraph (b): For End-Use Certificate requirements under the Chemical Weapons Convention, see Sec. 745.2 of the EAR. * * * * * (e) * * * (1) * * * The documents issued by the Government of the Hong Kong Special Administrative region that are required pursuant to Sec. 748.13 are not used to evaluate license applications. They must be obtained before shipment and need not be obtained before submitting a license application. * * * * * 0 5. Redesignate Sec. 748.13 as Sec. 748.14 and add new Sec. 748.13 to read as follows: Sec. 748.13 Hong Kong import and export licenses. (a) Requirement to obtain the document--(1) Exports and reexports to Hong Kong. An exporter or reexporter must obtain the documents described in paragraph (a)(1)(i) or (a)(1)(ii) of this section before using a license issued by BIS to export or reexport to Hong Kong any item subject to the EAR and controlled on the CCL for NS, MT, NP column 1, or CB reasons. Collectively, the documents issued by Hong Kong must cover all of the items to be exported or reexported pursuant to a license. (i) A copy of an import license issued to the Hong Kong importer by the Government of the Hong Kong Special Administrative Region, pursuant to the Hong Kong Import and Export (Strategic Commodities) Regulations, that covers the items to be exported or reexported pursuant to that BIS license for which a Hong Kong import license is required and that is valid on the date of the export or reexport that is subject to the EAR; or (ii) A copy of a written statement issued by the Government of the Hong Kong Special Administrative Region that no import license is required to import into Hong Kong the item(s) to be exported or reexported to Hong Kong. The statement may have been issued directly to the Hong Kong importer or it may be a written statement available to the general public. The statement may be used for more than one export or reexport to Hong Kong so long as it remains an accurate statement of Hong Kong law. (2) Reexports from Hong Kong. No license issued by BIS may be used to reexport from Hong Kong any item subject to the EAR controlled on the CCL for NS, MT, NP column 1, and/or CB reasons unless the reexporter has received either: (i) An export license issued by the Government of the Hong Kong Special Administrative Region, pursuant to the Hong Kong Import and Export (Strategic Commodities) Regulations, that covers all items to be rexported pursuant to that BIS license for which a Hong Kong export license is required and that is valid on the date of the reexport that is subject to the EAR; or (ii) A copy of a written statement issued by the Government of the Hong Kong Special Administrative Region that no export license is required from Hong Kong for the item(s) to be reexported. The statement may have been issued directly to the Hong Kong reexporter or it may be a written statement available to the general public. The statement may be used for more than one reexport from Hong Kong so long as it remains an accurate statement of Hong Kong law. (b) Recordkeeping. The documents required to be obtained by paragraph (a) of this section must be retained and made available to the U.S. Government upon request in accordance with part 762 of the EAR. PART 762--RECORDKEEPING 0 6. The authority citation for part 762 continues to read as follows: Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 4, 2016, 81 FR 52587 (August 8, 2016). 0 7. In Sec. 762.2 remove the word ``and'' from the end of paragraph (b)(52); remove the period from the end of paragraph (b)(53) and add in its place a semicolon followed by the word ``and''; add paragraph (b)(54) to read as follows: Sec. 762.2 Records to be retained. * * * * * (b) * * * (54) Sec. 748.13, Certain Hong Kong import and export licenses. * * * * * Dated: January 6, 2017. Kevin J. Wolf, Assistant Secretary for Export Admiration. [FR Doc. 2017-00446 Filed 1-18-17; 8:45 am] BILLING CODE 3510-33-P
![6216 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations
DEPARTMENT OF COMMERCE Dual-Use Goods and Technologies (NS 1, or CB reasons to obtain from the Hong
on the CCL), the Missile Technology Kong government a license authorizing
Bureau of Industry and Security Control Regime (MT on the CCL), the export from Hong Kong of the items, or
Nuclear Suppliers Group (NP column 1 a copy of a written statement issued by
15 CFR Parts 740, 748, and 762 on the CCL), and the Australia Group the Hong Kong government stating that
[Docket No. 161230999–7013–01] (CB on the CCL). Because the Hong no export license is required from Hong
Kong schedules and most of the CCL are Kong to export the items. If a Hong Kong
RIN 0694–AH11 developed from these same four sources, license is issued, the reexport must be
large portions of both sets of documents in accordance with the terms of that
Support Document Requirements With cover the same items. license and must be completed during
Respect to Hong Kong The government of the Hong Kong the validity period of the Hong Kong-
AGENCY: Bureau of Industry and Special Administrative Region uses issued export license. For purposes of
Security, Commerce. information from the import licenses this requirement, a written statement
ACTION: Final rule.
that it issues to identify articles that issued by the Hong Kong government
require an export license. This rule includes a written communication to a
SUMMARY: This rule requires persons imposes new support documentation license applicant informing the
intending to export or reexport to Hong requirements affecting items subject to applicant that the item does not require
Kong any item subject to the Export the EAR that are exported or reexported a license or a statement available to the
Administration Regulations (EAR) and to Hong Kong or are reexported from general public (including a statement on
controlled on the Commerce Control Hong Kong. BIS is taking this action to a Web site by the Hong Kong
List (CCL) for national security (NS), provide greater assurance that U.S. government) that a license is not
missile technology (MT), nuclear origin items that are subject to the required for the item.
nonproliferation (NP column 1), or multilateral control regimes noted above
will be properly authorized by the Export Administration Act
chemical and biological weapons (CB)
reasons to obtain, prior to such export United States to their final destination, Since August 21, 2001, the Export
or reexport, a copy of a Hong Kong even when those items first pass Administration Act of 1979, as
import license or a written statement through Hong Kong. This rule does not amended, has been in lapse. However,
from the Hong Kong government that impose any new license requirements. the President, through Executive Order
such a license is not required. 13222 of August 17, 2001, 3 CFR, 2001
Exports and Reexports to Hong Kong Comp., p. 783 (2002), as amended by
This rule also requires persons
intending to reexport from Hong Kong This rule requires exporters and Executive Order 13637 of March 8,
any item subject to the EAR and reexporters using a BIS license or a 2013, 78 FR 16129 (March 13, 2013),
controlled for NS, MT, NP column 1, or license exception to export or reexport and as extended by the Notice of August
CB reasons to obtain a Hong Kong to Hong Kong items controlled for NS, 4, 2016, 81 FR 52587 (August 8, 2016),
export license or a statement from the MT, NP column 1, or CB reasons to has continued the EAR in effect under
Hong Kong government that such a obtain certain documents that verify the the International Emergency Economic
license is not required. items’ status under the Hong Kong Powers Act. BIS continues to carry out
Import and Export (Strategic the provisions of the Export
DATES: The rule is effective April 19,
Commodities) Regulations. The exporter Administration Act, as appropriate and
2017.
or reexporter must obtain from its client to the extent permitted by law, pursuant
FOR FURTHER INFORMATION CONTACT: or consignee a copy of a valid import to Executive Order 13222 as amended
Tracey Patts, Foreign Policy Division, license issued to the Hong Kong by Executive Order 13637.
Bureau of Industry and Security, Phone: importer by the Hong Kong government
(202) 482–4252. authorizing import of the item(s) to be Rulemaking Requirements
SUPPLEMENTARY INFORMATION: shipped to Hong Kong, or a copy of a 1. Executive Orders 13563 and 12866
written statement issued by the Hong direct agencies to assess all costs and
Background benefits of available regulatory
Kong government stating that no import
The government of the Hong Kong license is required to import the item(s) alternatives and, if regulation is
Special Administrative Region into Hong Kong. The exporter or necessary, to select regulatory
maintains an import and export control reexporter must have the copies in its approaches that maximize net benefits
system. The ‘‘Import and Export possession, and any Hong Kong import (including potential economic,
(Strategic Commodities) Regulations’’ license must not have expired at the environmental, public health and safety
are an integral part of that system. time of the export or reexport to Hong effects, distributive impacts, and
Schedules in those regulations identify Kong. For purposes of this requirement, equity). This rule has been determined
articles that may not be imported or a written statement issued by the Hong to be not significant for purposes of
exported without a license from Hong Kong government includes either a Executive Order 12866.
Kong’s Director-General of Trade and written communication to a license 2. Notwithstanding any other
Industry. Those schedules and much of applicant informing the applicant that provision of law, no person is required
the CCL are based on the control lists the item does not require a license or a to respond to, nor shall any person be
published by four multilateral export statement available to the general public subject to a penalty for failure to comply
control regimes. Export control (including a statement on a Web site by with, a collection of information subject
asabaliauskas on DSK3SPTVN1PROD with RULES
classification number (ECCN) entries on the Hong Kong government) that a to the requirements of the Paperwork
the CCL identify one or more reason(s) license is not required for the item. Reduction Act of 1995 (44 U.S.C. 3501
for which listed items are controlled. et seq.) (PRA), unless that collection of
Four of these reasons for control are Reexports From Hong Kong information displays a currently valid
based on the four multilateral export This rule also requires reexporters in Office of Management and Budget
control regimes, as follows: The Hong Kong intending to reexport from (OMB) Control Number. This rule
Wassenaar Arrangement on Export Hong Kong items subject to the EAR that includes an expansion of an existing
Controls for Conventional Arms and are controlled for NS, MT, NP column collection of information approved
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The statement may have been issued ■ 5. Redesignate § 748.13 as § 748.14 reexporter or it may be a written
directly to the Hong Kong reexporter or and add new § 748.13 to read as follows: statement available to the general
it may be a written statement available public. The statement may be used for
§ 748.13 Hong Kong import and export
to the general public. The statement more than one reexport from Hong Kong
licenses.
may be used for more than one reexport so long as it remains an accurate
from Hong Kong so long as it remains (a) Requirement to obtain the statement of Hong Kong law.
an accurate statement of Hong Kong document—(1) Exports and reexports to (b) Recordkeeping. The documents
law. Hong Kong. An exporter or reexporter required to be obtained by paragraph (a)
must obtain the documents described in of this section must be retained and
PART 748—APPLICATIONS paragraph (a)(1)(i) or (a)(1)(ii) of this made available to the U.S. Government
(CLASSIFICATION, ADVISORY, AND section before using a license issued by upon request in accordance with part
LICENSE) AND DOCUMENTATION BIS to export or reexport to Hong Kong 762 of the EAR.
any item subject to the EAR and
■ 3. The authority citation for part 748 controlled on the CCL for NS, MT, NP PART 762—RECORDKEEPING
is revised to read as follows: column 1, or CB reasons. Collectively,
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. the documents issued by Hong Kong ■ 6. The authority citation for part 762
1701 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, must cover all of the items to be continues to read as follows:
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, exported or reexported pursuant to a Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.
3 CFR, 2001 Comp., p. 783; Notice of August license. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR,
4, 2016, 81 FR 52587 (August 8, 2016). (i) A copy of an import license issued 2001 Comp., p. 783; Notice of August 4,
to the Hong Kong importer by the 2016, 81 FR 52587 (August 8, 2016).
■ 4. 748.9(b) is amended by revising the Government of the Hong Kong Special
section heading, revising paragraph (b) ■ 7. In § 762.2 remove the word ‘‘and’’
Administrative Region, pursuant to the from the end of paragraph (b)(52);
and all notes to paragraph (b), and Hong Kong Import and Export (Strategic
adding two sentences to the end remove the period from the end of
Commodities) Regulations, that covers paragraph (b)(53) and add in its place a
paragraph of (e)(1), to read as follows: the items to be exported or reexported semicolon followed by the word ‘‘and’’;
§ 748.9 Support documents for evaluation pursuant to that BIS license for which add paragraph (b)(54) to read as follows:
of foreign parties in license applications a Hong Kong import license is required
and/or for promoting compliance with and that is valid on the date of the § 762.2 Records to be retained.
license requirements. export or reexport that is subject to the * * * * *
* * * * * EAR; or (b) * * *
(b) Requirements to obtain support (ii) A copy of a written statement (54) § 748.13, Certain Hong Kong
documents for license applications. issued by the Government of the Hong import and export licenses.
Unless an exception in paragraph (c) of Kong Special Administrative Region * * * * *
this section applies, a support document that no import license is required to
import into Hong Kong the item(s) to be Dated: January 6, 2017.
is required for certain license
exported or reexported to Hong Kong. Kevin J. Wolf,
applications for:
The statement may have been issued Assistant Secretary for Export Admiration.
(1) The People’s Republic of China
(PRC) other than the Hong Kong Special directly to the Hong Kong importer or it [FR Doc. 2017–00446 Filed 1–18–17; 8:45 am]
Administrative Region (see §§ 748.10 may be a written statement available to BILLING CODE 3510–33–P
and 748.11(a)(2)); the general public. The statement may
(2) ‘‘600 Series Major Defense be used for more than one export or
reexport to Hong Kong so long as it DEPARTMENT OF COMMERCE
Equipment’’ (see § 748.11);
(3) Firearms and related commodities remains an accurate statement of Hong
Kong law. Bureau of Industry and Security
to member countries of the Organization
(2) Reexports from Hong Kong. No
of American States (see § 748.12); and 15 CFR Parts 742 and 748
license issued by BIS may be used to
(4) The Hong Kong Special
reexport from Hong Kong any item [Docket No. 170104015–7015–01]
Administrative Region of the People’s
subject to the EAR controlled on the
Republic of China (see § 748.13). RIN 0694–AH26
CCL for NS, MT, NP column 1, and/or
Note 1 to Paragraph (b): On a case-by-case CB reasons unless the reexporter has
basis, BIS may require license applicants to Amendments to the Export
received either: Administration Regulations
obtain a support document for any license (i) An export license issued by the
application. Implementing an Additional Phase of
Government of the Hong Kong Special
India-U.S. Export Control Cooperation
Note 2 to Paragraph (b): For End-Use Administrative Region, pursuant to the
Certificate requirements under the Chemical Hong Kong Import and Export (Strategic AGENCY: Bureau of Industry and
Weapons Convention, see § 745.2 of the EAR. Commodities) Regulations, that covers Security, Commerce.
all items to be rexported pursuant to ACTION: Final rule.
* * * * * that BIS license for which a Hong Kong
(e) * * * export license is required and that is SUMMARY: In this final rule, the Bureau
(1) * * * The documents issued by valid on the date of the reexport that is of Industry and Security (BIS) amends
asabaliauskas on DSK3SPTVN1PROD with RULES
the Government of the Hong Kong subject to the EAR; or the Export Administration Regulations
Special Administrative region that are (ii) A copy of a written statement (EAR) to implement the India-U.S. Joint
required pursuant to § 748.13 are not issued by the Government of the Hong Statement of June 7, 2016 (June
used to evaluate license applications. Kong Special Administrative Region Statement), which recognized the
They must be obtained before shipment that no export license is required from United States and India as Major
and need not be obtained before Hong Kong for the item(s) to be Defense Partners. This rule amends the
submitting a license application. reexported. The statement may have EAR by establishing a licensing policy
* * * * * been issued directly to the Hong Kong of general approval for exports or
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Document Created: 2018-02-01 15:16:23
Document Modified: 2018-02-01 15:16:23
| 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 | The rule is effective April 19, 2017. | |
| Contact | Tracey Patts, Foreign Policy Division, Bureau of Industry and Security, Phone: (202) 482-4252. | |
| FR Citation | 82 FR 6216 | |
| RIN Number | 0694-AH11 | |
| CFR Citation | 15
CFR
740 15 CFR 748 15 CFR 762 | |
| CFR Associated | Administrative Practice and Procedure; Exports; Reporting and Recordkeeping Requirements; Business and Industry and Confidential Business Information |
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