Rule2022-07836
Additions to the List of Countries Excluded From Certain License Requirements Under the Export Administration Regulations (EAR)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 12, 2022
Effective
April 8, 2022
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Abstract
In response to the Russian Federation's (Russia's) further invasion of Ukraine and to protect U.S. national security and foreign policy interests, the Department of Commerce established highly restrictive license requirements and policies for certain transactions involving Russia and Belarus under the Export Administration Regulations (EAR). To recognize partner countries implementing substantially similar export controls on Russia and Belarus, the Department of Commerce published a list of countries excluded from certain U.S. export controls related to foreign-produced items. In this rule, the Department of Commerce adds Iceland, Liechtenstein, Norway, and Switzerland to the list of excluded countries.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 70 (Tuesday, April 12, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 70 (Tuesday, April 12, 2022)]
[Rules and Regulations]
[Pages 21554-21556]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07836]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 746
[Docket No. 220406-0085]
RIN 0694-AI81
Additions to the List of Countries Excluded From Certain License
Requirements Under the Export Administration Regulations (EAR)
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In response to the Russian Federation's (Russia's) further
invasion of Ukraine and to protect U.S. national security and foreign
policy interests, the Department of Commerce established highly
restrictive license requirements and policies for certain transactions
involving Russia and Belarus under the Export Administration
Regulations (EAR). To recognize partner countries implementing
substantially similar export controls on Russia and Belarus, the
Department of Commerce published a list of countries excluded from
certain U.S. export controls related to foreign-produced items. In this
rule, the Department of Commerce adds Iceland, Liechtenstein, Norway,
and Switzerland to the list of excluded countries.
DATES: This rule is effective April 8, 2022.
FOR FURTHER INFORMATION CONTACT: For questions on this final rule,
contact Eileen Albanese, Director, Office of National Security and
Technology Transfer Controls, Bureau of Industry and Security,
Department of Commerce, Phone: (202) 482-0092, Fax: (202) 482-482-3355,
Email: <a href="/cdn-cgi/l/email-protection#90e2e0f4a2d0f2f9e3bef4fff3bef7ffe6"><span class="__cf_email__" data-cfemail="b9cbc9dd8bf9dbd0ca97ddd6da97ded6cf">[email protected]</span></a>. For emails, include ``Russia'' in the subject
line.
SUPPLEMENTARY INFORMATION:
Background
In response to Russia's February 2022 invasion of Ukraine and
Belarus's substantial enabling of Russia's invasion, the Bureau of
Industry and Security (BIS) imposed extensive export controls on Russia
and Belarus under the Export Administration Regulations (15 CFR parts
730-774) (EAR) by implementing the final rule, Implementation of
Sanctions Against Russia Under the Export Administration Regulations
(EAR), effective February 24, 2022 (``Russia rule''),\1\ and four
subsequent final rules published in March 2022: Imposition of Sanctions
Against Belarus Under the Export Administration Regulations (EAR),
effective March 2, 2022 (``Belarus rule''); \2\ Expansion of Sanctions
Against the Russian Industry Sector Under the Export Administration
Regulations (EAR) (``Industry Sector rule''); \3\ Further Imposition of
Sanctions Against Russia with the Addition of Certain Entities to the
Entity List (``Russia Entity List rule''); \4\ and Imposition of
Sanctions on `Luxury Goods' Destined for Russia and Belarus and for
Russian and Belarusian Oligarchs and Malign Actors Under the Export
Administration Regulations (``Luxury Goods rule'').\5\ As described in
the Russia rule's preamble, as well as in the other March 2022 rules,
Russia's invasion of Ukraine and Belarus's enabling of such invasion
flagrantly violate international law, are contrary to U.S. national
security and foreign policy interests, and undermine global order,
peace, and security. Accordingly, BIS has imposed stringent export
controls on Russia and Belarus.
---------------------------------------------------------------------------
\1\ 87 FR 12226 (March 3, 2022).
\2\ 87 FR 13048 (March 8, 2022).
\3\ 87 FR 12856 (March 8, 2022).
\4\ 87 FR 13141 (March 9, 2022).
\5\ 87 FR 14785 (March 16, 2022).
---------------------------------------------------------------------------
Also in March 2022, BIS published Addition to the List of Countries
Excluded from Certain License Requirements under the Export
Administration Regulations (``South Korea exclusion rule''),\6\ which
added South Korea to the list of countries in supplement no. 3 to part
746 of the EAR that are excluded from certain Sec. 746.8 license
requirements that pertain to items destined for Russia or Belarus. The
countries listed in supplement no. 3 to part 746 have committed to
implementing substantially similar export controls on Belarus and
Russia under their domestic laws. Pursuant to Sec. 746.8(a)(5) of the
EAR, countries that have made such a commitment receive full or partial
exclusions, as appropriate, from the FDP rules' license requirements
set forth under Sec. 746.8(a)(2) and (3). Similarly, the license
requirements in Sec. 746.8(a)(1) are not used to determine controlled
U.S.-content under the EAR's de minimis rules, as set forth in
supplement no. 2 to part 734 of the EAR, provided the
[[Page 21555]]
criteria in Sec. 746.8(a)(5)(i) and (ii) are met.
---------------------------------------------------------------------------
\6\ 87 FR 13627 (March 10, 2022).
---------------------------------------------------------------------------
Iceland, Liechtenstein, Norway, and Switzerland have adopted and
implemented substantially similar measures to those imposed by BIS
through U.S. export controls on Russia and Belarus. In recognition of
their substantial alignment with U.S. controls, BIS adds the four
countries to supplement no. 3 to part 746 in this rule with the
designation of ``full.''
Export Control Reform Act of 2018
On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (codified, as
amended, at 50 U.S.C. 4801-4852). ECRA provides the legal basis for
BIS's principal authorities and serves as the authority under which BIS
issues this rule.
Rulemaking Requirements
1. This final rule is not a ``significant regulatory action''
because it ``pertain[s]'' to a ``military or foreign affairs function
of the United States'' under sec. 3(d)(2) 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 the following OMB-approved collections of information subject
to the PRA: 0694-0088, ``Multi-Purpose Application,'' which carries a
burden hour estimate of 29.6 minutes for a manual or electronic
submission; 0694-0096 ``Five Year Records Retention Period,'' which
carries a burden hour estimate of less than 1 minute; and 0607-0152
``Automated Export System (AES) Program,'' which carries a burden hour
estimate of 3 minutes per electronic submission. BIS anticipates this
rule will result in a slight decrease in the number of estimated
license applications because this rule provides relief from the burden
of the new Russia rule and Belarus rule requirements that would
otherwise pertain to items produced in, exported or reexported from
Iceland, Liechtenstein, Norway, or Switzerland, or transferred (in-
country) in either country. Thus, this rule does not create a
substantive change to OMB Control Numbers 0694-0088, 0694-0096, or
0607-0152.
3. This rule does not contain policies with federalism implications
as that term is defined in Executive Order 13132.
4. Pursuant to section 1762 of the Export Control Reform Act of
2018 (50 U.S.C. 4821) (ECRA), this action is exempt from the
Administrative Procedure Act (APA) (5 U.S.C. 553) requirements for
notice of proposed rulemaking, opportunity for public participation,
and delay in effective date. While section 1762 of ECRA provides
sufficient authority for such an exemption, this action is also
independently exempt from these APA requirements because it involves a
military or foreign affairs function of the United States (5. U.S.C.
553(a)(1)).
5. 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.
Accordingly, no regulatory flexibility analysis is required, and none
has been prepared.
List of Subjects in 15 CFR Part 746
Exports, Reporting and recordkeeping requirements.
For the reasons stated in the preamble, part 746 of the Export
Administration Regulations (15 CFR parts 730 through 774) is amended as
follows:
PART 746--EMBARGOES AND OTHER SPECIAL CONTROLS
0
1. The authority citation for 15 CFR part 746 continues to read as
follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503, Pub. L. 108-11, 117
Stat. 559; 22 U.S.C. 2151 note; 22 U.S.C. 6004; 22 U.S.C. 7201 et
seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p.
614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3
CFR, 2004 Comp., p 168; Presidential Determination 2003-23, 68 FR
26459, 3 CFR, 2004 Comp., p. 320; Presidential Determination 2007-7,
72 FR 1899, 3 CFR, 2006 Comp., p. 325; Notice of May 6, 2021, 86 FR
26793 (May 10, 2021).
0
2. Supplement no. 3 to part 746 is amended by adding entries for
``Iceland,'' ``Liechtenstein,'' ``Norway,'' and ``Switzerland'' to the
table in alphabetical order to read as follows:
Supplement No. 3 to Part 746--Countries Excluded From Certain License
Requirements of Sec. 746.8
* * * * *
------------------------------------------------------------------------
Federal Register
Country Scope citation
------------------------------------------------------------------------
* * * * * * *
Iceland....................... Full............. 87 FR [INSERT FR PAGE
NUMBER AND April 12,
2022].
* * * * * * *
Liechtenstein................. Full............. 87 FR [INSERT FR PAGE
NUMBER AND April 12,
2022].
* * * * * * *
Norway........................ Full............. 87 FR [INSERT FR PAGE
NUMBER AND April 12,
2022].
* * * * * * *
Switzerland................... Full............. 87 FR [INSERT FR PAGE
NUMBER AND April 12,
2022].
* * * * * * *
------------------------------------------------------------------------
[[Page 21556]]
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2022-07836 Filed 4-8-22; 8:45 am]
BILLING CODE 3510-33-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on April 12, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.