82 FR 6218 - Amendments to the Export Administration Regulations Implementing an Additional Phase of India-U.S. Export Control Cooperation
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 | 6218-6221 | |
| FR Document | 2017-00439 |
[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)] [Rules and Regulations] [Pages 6218-6221] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00439] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 742 and 748 [Docket No. 170104015-7015-01] RIN 0694-AH26 Amendments to the Export Administration Regulations Implementing an Additional Phase of India-U.S. Export Control Cooperation AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement the India-U.S. Joint Statement of June 7, 2016 (June Statement), which recognized the United States and India as Major Defense Partners. This rule amends the EAR by establishing a licensing policy of general approval for exports or [[Page 6219]] reexports to or transfers within India of items subject to the EAR and controlled only for National Security or Regional Stability reasons. In addition, BIS amends the end use and end user provisions of the Validated End User (VEU) authorization to state that items obtained under authorization VEU in India may be used for either civil or military end uses other than those that are for use in nuclear, ``missile,'' or chemical or biological weapons activities. DATES: This rule is effective January 19, 2017. FOR FURTHER INFORMATION CONTACT: Alexander Lopes, Director, Office of Nonproliferation Controls and Treaty Compliance, Bureau of Industry and Security, Phone: (202) 482-3825. SUPPLEMENTARY INFORMATION: Background As announced by President Obama and India's Prime Minister Singh in a U.S.-India Joint Statement on November 8, 2010, the United States and India formally committed to work together to strengthen the global nonproliferation and export control framework and further transform bilateral export control cooperation to realize the full potential of the global strategic partnership between the two countries. The leaders agreed to take mutual steps to expand cooperation in civil space, defense, and other high-technology sectors. The steps agreed to by the United States included the removal of Indian defense and space-related entities from the Entity List (Supplement No. 4 to part 744 of the EAR) and the realignment of India in U.S. export control regulations. Additionally, the 2010 Joint Statement announced that the United States ``intend[ed] to support India's full membership in the four multilateral export control regimes (Nuclear Suppliers Group, Missile Technology Control Regime, Australia Group, and Wassenaar Arrangement) in a phased manner, and to consult with regime members to encourage the evolution of regime membership criteria,'' while maintaining these regimes' core principles, ``as the Government of India took steps towards the full adoption of the regimes' export control requirements to reflect its prospective membership, with both processes moving forward together.'' To date, BIS has published two rules implementing the President's and Prime Minister's commitments. The first rule, published on January 25, 2011 (76 FR 4228), revised certain export and reexport controls for India, including the removal of nine Indian entities from the Entity List. In addition, BIS amended the EAR to remove India from Country Groups D:2, D:3 and D:4, and added India to Country Group A:2. In the second rule, published January 23, 2015 (80 FR 3463), BIS amended the EAR, in furtherance of the United States' commitment to the bilateral understanding, by removing India from Crime Control (CC) columns 1 and 3 and from Regional Stability (RS) column 2 on the Commerce Country Chart in Supplement No. 1 to Part 738 of the EAR, because the Government of India had taken appropriate steps to ensure that U.S.-origin items controlled for CC and RS reasons are not reexported from India without a license. Although the second rule removed the license requirement for the majority of items controlled for CC or RS reasons and destined for India, a license requirement remained for items controlled under export control classification numbers (ECCNs) 6A003.b.4.b and 9A515.e for RS column 2 reasons when destined to India. In addition, BIS published on August 17, 2016, a third rule (81 FR 54721) that was not specific to the bilateral understanding but nonetheless removed a related requirement to include a destination control statement on shipping documents for items controlled for CC columns 1 and 3, and RS column 2 reasons when the items are exported to India. New Amendments In this rule, BIS implements an additional step in furtherance of the U.S.-India bilateral understanding and global strategic partnership. On June 7, 2016, the United States and India issued a Joint Statement entitled, ``The United States and India: Enduring Global Partners in the 21st Century.'' Specifically, in this rule, BIS implements the understanding between the United States and India expressed in the June Statement regarding U.S. export control policy toward India by establishing a new paragraph (b)(8) in Sec. 742.4 (National Security) and a new paragraph (b)(5) in Sec. 742.6 (Regional Stability). These new provisions establish licensing policies of general approval for exports or reexports to or transfers within India of items subject to the EAR, including ``600 series'' military items, for civil or military end uses in India or for the ultimate end use by the Government of India, for reexport to a Country Group A:5 country, or for return to the United States, so long as such items are not for use in nuclear, ``missile,'' or chemical or biological weapons activities. This rule does not amend any other licensing policies in part 742 such as those with respect to Missile Technology items. The rule also does not amend any licensing policies pertaining to naval nuclear propulsion. The Country Group A:5 countries are listed in Supplement Number 1 to part 740 and are often informally referred to as the ``STA-36'' countries because they are the list of countries to which exports under License Exception Strategic Trade Authorization are authorized pursuant to the conditions and limitations of section 740.20(b)(3). In addition, BIS amends the end user and end use provisions of the Validated End User (VEU) authorization in Sec. 748.15 (Authorization Validated End-User (VEU)), paragraphs (a) (eligible end user provision) and (d) (end-use restrictions), to allow that items obtained under authorization VEU in India may be used for civil or military end uses other than those that involve items controlled for MT reasons, or if for use in nuclear, ``missile,'' or chemical or biological weapons activities. Section 748.15(c) does not change the January 23, 2015 (80 FR 3463), amendment to the EAR regarding the export and reexport of Crime Control (CC) columns 1 and 3 items to India. Conforming changes are made to paragraph (7)(ii) in Supplement No. 8 to Part 748 (Information Required in Requests for Validated End-User (VEU) Authorization). No other material changes are made in this rule to the VEU program, such as the process for approving a VEU, VEU compliance obligations, the rules pertaining to VEUs in China, or the process of identifying approved VEUs and eligible items and facilities in Supplement No. 7 to Part 748. 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 most recently 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 [[Page 6220]] 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 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 involves a collection of information approved under OMB control number 0694-0088--Simplified Network Application Process--Redesign System (SNAP-R) and the Multipurpose Export License Application, which carries an annual estimated burden of 31,833 hours. BIS believes that this rule will not have a material impact on that burden because this rule does not increase or decrease BIS's existing licensing requirements. To the extent that it has any impact, BIS believes that the benefits of this rule justify any additional (and likely minimal) additional burden it might create. Send comments regarding this burden estimate or any other aspect of this collection 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. 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 and 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 (see 5 U.S.C. 553(a)(1)). This rule advances essential foreign policy, national security, and nonproliferation goals of the United States and a critical strategic partner, India. Subsequent agency deliberations following the June Statement culminated in this framework for regulatory implementation of the Statement. Delay in implementing this rule to obtain public comment or for any other reason would undermine the good faith timeliness in which the United States signed, and now implements, the Statement and, therefore, would undermine the foreign policy objectives that the rule is intended to serve. Further, no other law requires that a notice of proposed rulemaking or 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 for this rule under 5 U.S.C. 553, or by any other law, the requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. List of Subjects 15 CFR Part 742 Exports, Terrorism. 15 CFR Part 748 Administrative practice and procedure, Exports, Reporting and recordkeeping requirements. Accordingly, 15 CFR parts 742 and 748 of the EAR (15 CFR parts 730 through 774) are amended as follows: PART 742--CONTROL POLICY--CCL BASED CONTROLS 0 1. The authority citation for 15 CFR 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). 0 2. Section 742.4 is amended by adding paragraph (b)(8) to read as follows: Sec. 742.4 National security. * * * * * (b) * * * (8) For India, there is a general policy of approval for license applications to export, reexport, or transfer items, including ``600 series'' items, for civil or military end uses in India, for ultimate end use by the Government of India, for reexport to countries in Country Group A:5, or for return to the United States, so long as such items are not for use in nuclear, ``missile,'' or chemical or biological weapons activities. * * * * * 0 3. Section 742.6 is amended by adding paragraph (b)(7) to read as follows: Sec. 742.6 Regional Stability. * * * * * (b) * * * (7) For India, there is a general policy of approval for license applications to export, reexport, or transfer items, including ``600 series'' items, for civil or military end uses in India, for ultimate end use by the Government of India, for reexport to countries in Country Group A:5, or for return to the United States, so long as such items are not for use in nuclear, ``missile,'' or chemical or biological weapons activities. * * * * * PART 748--APPLICATIONS (CLASSIFICATION, ADVISORY, AND LICENSE) AND DOCUMENTATION 0 4. The authority citation for 15 CFR part 748 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). 0 5. Section 748.15 is amended by revising paragraphs (a)(2) and (d) introductory text to read as follows: Sec. 748.15 Authorization Validated End-User (VEU). * * * * * (a) * * * (2) In evaluating an end user for eligibility under authorization VEU, the ERC will consider a range of information, including such factors as: The entity's record of exclusive engagement in appropriate end-use activities; the entity's compliance with U.S. export controls; the need for an on-site review prior to approval; the entity's capability of complying with the requirements of authorization VEU; the entity's agreement to on-site reviews by representatives of the U.S. Government to ensure adherence to the conditions of the VEU authorization; and the entity's relationships with U.S. and foreign companies. In addition, when evaluating the eligibility of an end user, the ERC will consider the status of [[Page 6221]] export controls and the support and adherence to multilateral export control regimes of the government of the eligible destination. * * * * * (d) End-use restrictions. Items obtained under authorization VEU in China may be used only for civil end uses and may not be used for any activities described in part 744 of the EAR. Items obtained under authorization VEU in India may be used for either civil or military end uses and may not be used for any activities described in part 744 of the EAR. Exports, reexports, or transfers made under authorization VEU may be made to an end user listed in Supplement No. 7 to this part only if the items will be consigned to and for use by the validated end user. Eligible end-users who obtain items under VEU may only: * * * * * 0 6. Paragraph (7)(ii) of the section titled Required Information for Validated End-User Authorization Requests in Supplement No. 8 to part 748 is revised to read as follows: Supplement No. 8 to Part 748--Information Required in Requests for Validated End-User (VEU) Authorization * * * * * Required Information for Validated End-User Authorization Requests * * * * * (7) * * * (ii) Understands and will abide by all authorization VEU end-use restrictions, including the requirement that items received under authorization VEU will only be used for authorized end-uses and may not be used for any activities described in part 744 of the EAR; * * * * * Dated: January 6, 2017. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2017-00439 Filed 1-18-17; 8:45 am] BILLING CODE 3510-33-P
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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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reexports to or transfers within India of the removal of nine Indian entities from amend any other licensing policies in
items subject to the EAR and controlled the Entity List. In addition, BIS part 742 such as those with respect to
only for National Security or Regional amended the EAR to remove India from Missile Technology items. The rule also
Stability reasons. In addition, BIS Country Groups D:2, D:3 and D:4, and does not amend any licensing policies
amends the end use and end user added India to Country Group A:2. pertaining to naval nuclear propulsion.
provisions of the Validated End User In the second rule, published January The Country Group A:5 countries are
(VEU) authorization to state that items 23, 2015 (80 FR 3463), BIS amended the listed in Supplement Number 1 to part
obtained under authorization VEU in EAR, in furtherance of the United 740 and are often informally referred to
India may be used for either civil or States’ commitment to the bilateral as the ‘‘STA–36’’ countries because they
military end uses other than those that understanding, by removing India from are the list of countries to which exports
are for use in nuclear, ‘‘missile,’’ or Crime Control (CC) columns 1 and 3 and under License Exception Strategic Trade
chemical or biological weapons from Regional Stability (RS) column 2 Authorization are authorized pursuant
activities. on the Commerce Country Chart in to the conditions and limitations of
DATES: This rule is effective January 19,
Supplement No. 1 to Part 738 of the section 740.20(b)(3).
EAR, because the Government of India In addition, BIS amends the end user
2017.
had taken appropriate steps to ensure and end use provisions of the Validated
FOR FURTHER INFORMATION CONTACT:
that U.S.-origin items controlled for CC End User (VEU) authorization in
Alexander Lopes, Director, Office of and RS reasons are not reexported from § 748.15 (Authorization Validated End-
Nonproliferation Controls and Treaty India without a license. Although the User (VEU)), paragraphs (a) (eligible end
Compliance, Bureau of Industry and second rule removed the license user provision) and (d) (end-use
Security, Phone: (202) 482–3825. requirement for the majority of items restrictions), to allow that items
SUPPLEMENTARY INFORMATION: controlled for CC or RS reasons and obtained under authorization VEU in
Background destined for India, a license requirement India may be used for civil or military
remained for items controlled under end uses other than those that involve
As announced by President Obama export control classification numbers items controlled for MT reasons, or if for
and India’s Prime Minister Singh in a (ECCNs) 6A003.b.4.b and 9A515.e for use in nuclear, ‘‘missile,’’ or chemical or
U.S.-India Joint Statement on November RS column 2 reasons when destined to biological weapons activities. Section
8, 2010, the United States and India India. 748.15(c) does not change the January
formally committed to work together to In addition, BIS published on August 23, 2015 (80 FR 3463), amendment to
strengthen the global nonproliferation 17, 2016, a third rule (81 FR 54721) that the EAR regarding the export and
and export control framework and was not specific to the bilateral reexport of Crime Control (CC) columns
further transform bilateral export understanding but nonetheless removed 1 and 3 items to India. Conforming
control cooperation to realize the full a related requirement to include a changes are made to paragraph (7)(ii) in
potential of the global strategic destination control statement on Supplement No. 8 to Part 748
partnership between the two countries. shipping documents for items (Information Required in Requests for
The leaders agreed to take mutual steps controlled for CC columns 1 and 3, and Validated End-User (VEU)
to expand cooperation in civil space, RS column 2 reasons when the items are Authorization). No other material
defense, and other high-technology exported to India. changes are made in this rule to the
sectors. The steps agreed to by the VEU program, such as the process for
United States included the removal of New Amendments
approving a VEU, VEU compliance
Indian defense and space-related In this rule, BIS implements an obligations, the rules pertaining to VEUs
entities from the Entity List additional step in furtherance of the in China, or the process of identifying
(Supplement No. 4 to part 744 of the U.S.-India bilateral understanding and approved VEUs and eligible items and
EAR) and the realignment of India in global strategic partnership. On June 7, facilities in Supplement No. 7 to Part
U.S. export control regulations. 2016, the United States and India issued 748.
Additionally, the 2010 Joint Statement a Joint Statement entitled, ‘‘The United
announced that the United States States and India: Enduring Global Export Administration Act
‘‘intend[ed] to support India’s full Partners in the 21st Century.’’ Although the Export Administration
membership in the four multilateral Specifically, in this rule, BIS Act expired on August 20, 2001, the
export control regimes (Nuclear implements the understanding between President, through Executive Order
Suppliers Group, Missile Technology the United States and India expressed in 13222 of August 17, 2001, 3 CFR, 2001
Control Regime, Australia Group, and the June Statement regarding U.S. Comp., p. 783 (2002), as amended by
Wassenaar Arrangement) in a phased export control policy toward India by Executive Order 13637 of March 8,
manner, and to consult with regime establishing a new paragraph (b)(8) in 2013, 78 FR 16129 (March 13, 2013),
members to encourage the evolution of § 742.4 (National Security) and a new and as extended most recently by the
regime membership criteria,’’ while paragraph (b)(5) in § 742.6 (Regional Notice of August 4, 2016, 81 FR 52587
maintaining these regimes’ core Stability). These new provisions (August 8, 2016), has continued the EAR
principles, ‘‘as the Government of India establish licensing policies of general in effect under the International
took steps towards the full adoption of approval for exports or reexports to or Emergency Economic Powers Act. BIS
the regimes’ export control requirements transfers within India of items subject to continues to carry out the provisions of
to reflect its prospective membership, the EAR, including ‘‘600 series’’ military the Export Administration Act, as
asabaliauskas on DSK3SPTVN1PROD with RULES
with both processes moving forward items, for civil or military end uses in appropriate and to the extent permitted
together.’’ India or for the ultimate end use by the by law, pursuant to Executive Order
To date, BIS has published two rules Government of India, for reexport to a 13222 as amended by Executive Order
implementing the President’s and Prime Country Group A:5 country, or for 13637.
Minister’s commitments. The first rule, return to the United States, so long as
published on January 25, 2011 (76 FR such items are not for use in nuclear, Rulemaking Requirements
4228), revised certain export and ‘‘missile,’’ or chemical or biological 1. Executive Orders 13563 and 12866
reexport controls for India, including weapons activities. This rule does not direct agencies to assess all costs and
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export controls and the support and DEPARTMENT OF COMMERCE States, along with 23 other countries
adherence to multilateral export control and the European Union, are members
regimes of the government of the National Oceanic and Atmospheric of the Commission and meet annually to
eligible destination. Administration formulate, adopt and revise
* * * * * conservation measures. Article IX(6) of
15 CFR Part 902 the Convention requires the
(d) End-use restrictions. Items Commission to notify conservation
obtained under authorization VEU in 50 CFR Part 300 measures to all members and, 180 days
China may be used only for civil end thereafter, such measures become
[Docket No. 120201087–6641–02]
uses and may not be used for any binding. If a member objects to a
activities described in part 744 of the RIN 0648–BB86 measure within 90 days of notification,
EAR. Items obtained under the measure is not binding on that
authorization VEU in India may be used International Affairs; Antarctic Marine member and, should that occur, Article
Living Resources Convention Act IX(6)(d) of the Convention includes a
for either civil or military end uses and
may not be used for any activities AGENCY: National Marine Fisheries procedure that allows other members to
described in part 744 of the EAR. Service (NMFS), National Oceanic and notify that they can no longer accept
Exports, reexports, or transfers made Atmospheric Administration (NOAA), that measure.
under authorization VEU may be made Commerce. The Antarctic Marine Living
ACTION: Final rule.
Resources Convention Act of 1984
to an end user listed in Supplement No.
(AMLRCA), codified at 16 U.S.C. 2431,
7 to this part only if the items will be
SUMMARY: This final rule sets forth et seq., provides the statutory authority
consigned to and for use by the for the United States to carry out its
changes to the regulations that
validated end user. Eligible end-users obligations under the Convention,
implement conservation measures
who obtain items under VEU may only: including implementation of
adopted by the Commission for the
* * * * * Conservation of Antarctic Marine Living Commission-adopted conservation
Resources (CCAMLR or Commission). measures. AMLRCA section 305(a)(1)
■ 6. Paragraph (7)(ii) of the section titled
This final rule streamlines and clarifies authorizes the Secretary of State, with
Required Information for Validated
the regulations for Antarctic marine the concurrence of the Secretary of
End-User Authorization Requests in Commerce and the Director of the
living resources, shifts deadlines for
Supplement No. 8 to part 748 is revised National Science Foundation, to decide
advance notice of intended fishing
to read as follows: whether the United States is unable to
activities, distinguishes between first
Supplement No. 8 to Part 748— receivers and dealers of Antarctic accept or can no longer accept a
Information Required in Requests for marine living resources (AMLR), Commission-adopted conservation
Validated End-User (VEU) reduces the time for advance notice of measure (16 U.S.C. 2434(a)(1)).
Authorization imports of Dissostichus species, and AMLRCA also gives the Secretary of
adds transshipment notification Commerce authority to promulgate
* * * * * requirements. The sections of these regulations as necessary and appropriate
Required Information for Validated End-User regulations are reorganized to group to implement the Act. This authority
Authorization Requests requirements related to the trade of has been delegated to the Assistant
Antarctic marine living resources and Administrator for Fisheries (Assistant
* * * * * Administrator), who has implemented
(7) * * * those that apply to fishing activities.
Additionally, this action updates the Commission-adopted conservation
(ii) Understands and will abide by all measures that are binding on the United
authorization VEU end-use restrictions, regulations to reflect Commission-
adopted revisions to existing States under Article IX of the
including the requirement that items Convention through regulations at 50
received under authorization VEU will only conservation measures and changes
made to the Antarctic Marine Living CFR part 300, subpart G (AMLR
be used for authorized end-uses and may not regulations).
be used for any activities described in part Resources Convention Act through the
Illegal, Unreported, and Unregulated Through the ‘‘Illegal, Unreported, and
744 of the EAR; Unregulated Fishing Enforcement Act’’
Fishing Enforcement Act of 2015.
* * * * * (IUU Fishing Enforcement Act), Public
DATES: This rule is effective February
Dated: January 6, 2017. Law 114–81 (2015), Congress amended
21, 2017. AMLRCA section 306, 16 U.S.C. 2435,
Kevin J. Wolf, FOR FURTHER INFORMATION CONTACT: Mi which specifies unlawful activities;
Assistant Secretary for Export Ae Kim, Office of International Affairs section 307, 16 U.S.C. 2436, which
Administration. and Seafood Inspection, NMFS (phone provides the Secretary of Commerce
[FR Doc. 2017–00439 Filed 1–18–17; 8:45 am] 301–427–8365, or email mi.ae.kim@ authority to promulgate regulations that
BILLING CODE 3510–33–P noaa.gov). are necessary and appropriate to
SUPPLEMENTARY INFORMATION: implement AMLRCA; and section
308(a), 16 U.S.C. 2437(a), which
Background specifies the penalties available for
The United States is a Contracting violations of the Act. Public Law 114–
asabaliauskas on DSK3SPTVN1PROD with RULES
Party to the Convention on the 81 (2015), Title I, 106(1)–(2).
Conservation of Antarctic Marine Living At each annual meeting, the
Resources (Convention). Under Article Commission may adopt new
VII of the Convention, contracting conservation measures or revise existing
parties established and agreed to measures. While all conservation
maintain the Commission to give effect measures are subject to revision at the
to the Convention’s objective— annual meeting, some (particularly
conservation of AMLR. The United those in the fishery regulation category)
VerDate Sep<11>2014 20:34 Jan 18, 2017 Jkt 241001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\19JAR1.SGM 19JAR1](https://thefederalregister.org/doc/82_FR_6230/page/4.svg)
Document Created: 2018-02-01 15:16:04
Document Modified: 2018-02-01 15:16:04
| 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 January 19, 2017. | |
| Contact | Alexander Lopes, Director, Office of Nonproliferation Controls and Treaty Compliance, Bureau of Industry and Security, Phone: (202) 482-3825. | |
| FR Citation | 82 FR 6218 | |
| RIN Number | 0694-AH26 | |
| CFR Citation | 15
CFR
742 15 CFR 748 | |
| CFR Associated | Exports; Terrorism; Administrative Practice and Procedure and Reporting and Recordkeeping Requirements |
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