Rule2024-23814
Updated License Exception Implemented Export Controls (IEC) Eligible Items and Destinations
Primary source
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Published
October 16, 2024
Effective
October 16, 2024
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Abstract
This rule revises the version date for the License Exception Implemented Export Controls (IEC) table posted on the Bureau of Industry and Security (BIS) website and replaces the long URL address for the table to a shorter and simpler URL address. BIS posted an updated table on September 17, 2024, that updated the eligible countries for License Exception IEC by adding Denmark, Finland, and Japan to appropriate items in the table.
Full Text
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<title>Federal Register, Volume 89 Issue 200 (Wednesday, October 16, 2024)</title>
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[Federal Register Volume 89, Number 200 (Wednesday, October 16, 2024)]
[Rules and Regulations]
[Pages 83427-83428]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23814]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 740
[Docket No. 240917-0241]
RIN 0694-AJ89
Updated License Exception Implemented Export Controls (IEC)
Eligible Items and Destinations
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
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SUMMARY: This rule revises the version date for the License Exception
Implemented Export Controls (IEC) table posted on the Bureau of
Industry and Security (BIS) website and replaces the long URL address
for the table to a shorter and simpler URL address. BIS posted an
updated table on September 17, 2024, that updated the eligible
countries for License Exception IEC by adding Denmark, Finland, and
Japan to appropriate items in the table.
DATES: This rule is effective October 16, 2024. The incorporation by
reference of certain material listed in the rule is approved by the
Director of the Federal Register as of October 16, 2024.
FOR FURTHER INFORMATION CONTACT: Office of National Security Controls,
phone: 202-482-0092; email: <a href="/cdn-cgi/l/email-protection#99d5f0fafcf7eafcdce1fafce9edf0f6f7d0dcdad9fbf0eab7fdf6fa"><span class="__cf_email__" data-cfemail="94d8fdf7f1fae7f1d1ecf7f1e4e0fdfbfaddd1d7d4f6fde7baf0fbf7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
On August 27, 2024, the Office of the Federal Register approved an
Incorporation By Reference (IBR) request submitted by BIS to post a
table entitled ``License Exception Implemented Export Controls (IEC)
eligible items and destinations'' on BIS' website. The table includes
items and countries eligible for License Exception IEC, see Sec.
740.24 of the EAR.
On September 5, 2024, BIS posted on its website updates to that
table. The updates included changing the last modified date from
``August 27, 2024'' to ``September 5, 2024''; changing the eligibility
date for all the rows from ``August 27, 2024'' to ``September 6, 2024''
(which was the date of publication for the rule entitled ``Commerce
Control List Additions and Revisions; Implementation of Controls on
Advanced Technologies Consistent with Controls Implemented by
International Partners,'' RIN 0694-AJ60 (89 FR 72926)); and correcting
the misspelling of ``eligibility'' in the table title.
On September 17, 2024, BIS posted on its website an update to the
table that added Denmark, Finland to the table, and modified the
entries for Japan on the table for appropriate item eligibility to
match the implementation by these countries.
Finally, this rule revises paragraph (c) of Sec. 740.24 by
revising the last modified date to September 17, 2024, and changing the
URL to a simpler address of <a href="http://www.bis.gov/IEC">www.bis.gov/IEC</a>.
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. In particular, and as noted elsewhere, Section 1753
of ECRA (50 U.S.C. 4812) authorizes the regulation of exports,
reexports, and transfers (in-country) of items subject to U.S.
jurisdiction. Further, Section 1754(a)(1)-(16) of ECRA (50 U.S.C.
4813(a)(1)-(16)) authorizes, inter alia, the establishment of a list of
controlled items; the prohibition of unauthorized exports, reexports,
and transfers (in-country) of controlled items; the requirement of
licenses or other authorizations for exports, reexports, and transfers
(in-country) of controlled items; apprising the public of changes in
policy, regulations, and procedures; and any other action necessary to
carry out ECRA that is not otherwise prohibited by law. Pursuant to
Section 1762(a) of ECRA (50 U.S.C. 4821(a)), these changes can be
imposed in a final rule without prior notice and comment.
Rulemaking Requirements
1. Executive Orders 12866, 13563, and 14094 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 and distributive impacts and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits and of reducing costs, harmonizing rules, and
promoting flexibility. This final rule has not been designated a
significant regulatory action under section 3(f) of Executive Order
12866, as amended by Executive Order 14094.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be
[[Page 83428]]
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. Although this rule makes important changes to the
EAR for items controlled for national security reasons, the overall
decreases in burdens and costs associated with the following
information collections due to this rule are estimated to decrease the
number of submissions by 50, which will not require revision of the
current approved estimated time burdens for completing related
submissions described below.
<bullet> 0694-0088, ``Simplified Network Application Processing
System,'' which carries a burden- hour estimate of 29.6 minutes for a
manual or electronic submission;
<bullet> 0694-0137 ``License Exceptions and Exclusions,'' which
carries a burden-hour estimate average of 1.5 hours per submission
(Note: submissions for License Exceptions are rarely required);
<bullet> 0694-0096 ``Five Year Records Retention Period,'' which
carries a burden-hour estimate of less than 1 minute; and
<bullet> 0607-0152 ``Automated Export System (AES) Program,'' which
carries a burden-hour estimate of 3 minutes per electronic submission.
Additional information regarding these collections of information--
including all background materials--can be found at <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a> and using the search function to
enter either the title of the collection or the OMB Control Number.
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 ECRA (50 U.S.C. 4821), 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.
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 for 15 CFR Parts 740
Administrative practice and procedure, Exports, Incorporation by
reference, Reporting and recordkeeping.
Accordingly, part 740 of the Export Administration Regulations (15
CFR parts 730 through 774) is amended as follows:
PART 740--LICENSE EXCEPTIONS
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1. The authority citation for part 740 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. 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.
0
2. Section 740.24 is amended by revising paragraph (c) to read as
follows:
Sec. 740.24 Implemented Export Controls (IEC).
* * * * *
(c) Incorporation by reference. License Exception Implemented
Export Controls (IEC) Eligible Items and Destinations, last modified
September 17, 2024, is incorporated by reference into this section with
the approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. This material is available for inspection at
the BIS and at the National Archives and Records Administration (NARA).
Contact BIS at: BIS Office of National Security Controls, phone: 202-
482-0092; email: <a href="/cdn-cgi/l/email-protection#90dcf9f3f5fee3f5d5e8f3f5e0e4f9fffed9d5d3d0f2f9e3bef4fff3"><span class="__cf_email__" data-cfemail="8cc0e5efe9e2ffe9c9f4efe9fcf8e5e3e2c5c9cfcceee5ffa2e8e3ef">[email protected]</span></a>; website: <a href="http://www.bis.gov">www.bis.gov</a>. For
information on the availability of this material at NARA, visit
<a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email
<a href="/cdn-cgi/l/email-protection#84e2f6aaedeaf7f4e1e7f0edebeac4eae5f6e5aae3ebf2"><span class="__cf_email__" data-cfemail="87e1f5a9eee9f4f7e2e4f3eee8e9c7e9e6f5e6a9e0e8f1">[email protected]</span></a>. The material may be obtained from BIS and is
available for inspection on the BIS website at <a href="http://www.bis.gov/IEC">www.bis.gov/IEC</a>.
Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2024-23814 Filed 10-15-24; 8:45 am]
BILLING CODE 3510-33-P
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