Rule2026-02262
Conforming Change to the Export Administration Regulations for Cambodia
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
February 4, 2026
Effective
February 3, 2026
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Abstract
In this final rule, the Bureau of Industry and Security (BIS) makes a conforming change to the Export Administration Regulations (EAR) to reflect that Cambodia is no longer a Country Group D:5 country. On November 7, 2025, the Department of State published a final rule, "International Traffic in Arms Regulations: Changes to Section 126.1," that removed Cambodia as an arms embargoed destination under the International Traffic in Arms Regulations (ITAR), pursuant to a determination made by the Secretary of State.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 23 (Wednesday, February 4, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 23 (Wednesday, February 4, 2026)]
[Rules and Regulations]
[Pages 5091-5092]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02262]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 91, No. 23 / Wednesday, February 4, 2026 /
Rules and Regulations
[[Page 5091]]
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 740
[Docket No. 260127-0035]
RIN 0694-AK41
Conforming Change to the Export Administration Regulations for
Cambodia
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this final rule, the Bureau of Industry and Security (BIS)
makes a conforming change to the Export Administration Regulations
(EAR) to reflect that Cambodia is no longer a Country Group D:5
country. On November 7, 2025, the Department of State published a final
rule, ``International Traffic in Arms Regulations: Changes to Section
126.1,'' that removed Cambodia as an arms embargoed destination under
the International Traffic in Arms Regulations (ITAR), pursuant to a
determination made by the Secretary of State.
DATES: This rule is effective February 3, 2026.
FOR FURTHER INFORMATION CONTACT: For questions on this rule, contact
Philip Johnson at <a href="/cdn-cgi/l/email-protection#2e7c7e6a1c6e4c475d004a414d00494158"><span class="__cf_email__" data-cfemail="0e5c5e4a3c4e6c677d206a616d20696178">[email protected]</span></a> or (202) 482-2440.
SUPPLEMENTARY INFORMATION:
Background
The Bureau of Industry and Security (BIS) is amending the EAR (15
CFR parts 730-774) by making a conforming change to reflect that
Cambodia is no longer a Country Group D:5 country (U.S. Arms Embargoed
Countries) as listed in supplement no. 1 to part 740 of the EAR. On
October 26, 2025, the White House announced that the United States had
removed the arms embargo on Cambodia. On October 27, 2025, the
Department of State's Directorate of Defense Trade Controls announced
that it would review applications for International Traffic in Arms
Regulations (ITAR) controlled activities on a case by case basis and
publish a regulatory change to remove Cambodia from the list of
countries in ITAR Sec. 126.1. On November 7, 2025, the State
Department published a rule amending Sec. 126.1 of the International
Traffic in Arms Regulations (ITAR) (22 CFR parts 120 through 130) to
reflect the removal of Cambodia's status as an arms embargoed
destination (see ``International Traffic in Arms Regulations: Changes
to Section 126.1'', 90 FR 50489). The November 7, 2025, rule specifies
that the Secretary of State made a determination to lift the embargo on
defense trade with Cambodia based on Cambodia's diligent pursuit of
peace and security, including through renewed engagement with the
United States on defense cooperation and combating transnational crime.
Consistent with this change, Cambodia was effectively removed from
Country Group D:5. Specifically, the Note to Country Group D:5 in
supplement no. 1 to part 740 states that if there are any discrepancies
between the list of countries in Country Group D:5 and the countries
identified by the State Department as subject to a U.S. arms embargo,
the State Department's list shall be controlling. Therefore,
notwithstanding the continued presence of the ``X'' designation in
Country Group D:5 denoting Cambodia as a country subject to the
restrictions of that Group, the removal of Cambodia from ITAR Sec.
126.1 meant that no such restrictions applied. In order to avoid
confusion on the part of exporters, reexporters, and transferors over
differences between the list of countries subject to an arms embargo in
both regulations, this final rule deletes the ``X'' designation for
Cambodia from Country Group D:5. Cambodia will remain designated in
Country Group D:1 in supplement no. 1 to part 740 and the restrictions
for Cambodia related to military and military-intelligence end uses and
end users listed in Sec. Sec. 744.21 and 744.22 of the EAR will also
remain in place.
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) (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, 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.
Rulemaking Requirements
1. This rule has been determined to be significant pursuant to E.O.
12866. Although it is a ``significant regulatory action'' for purposes
of E.O. 12866, this rule is exempt from the requirements of E.O. 14192,
because it is being issued with respect to a national security function
of the United States, per section 5(a) of E.O. 14192.
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. Because the
removal of Cambodia from Country Group D:5 will result in a more
permissive license review policy for Cambodia under the EAR, BIS
believes that the overall increase in burdens and costs associated with
the 0694-0088 collection due to this rule is estimated to increase the
number of license submissions by 100 license applications annually for
an increase of 50 burden hours and cost of $1,900. BIS anticipates an
increase in the use of certain EAR license exceptions as a result of
the changes in this rule, but does not anticipate a change in the 0694-
0137 collection because the limited number of license exceptions that
will come generally do not require separate reporting in order to use.
BIS does not anticipate change in the 0694-0096 or 0607-0152
collections as a result of the changes included in this final rule.
<bullet> 0694-0088, ``Simplified Network Application Processing
System,'' which carries a burden-hour estimate of 29.7 minutes for a
manual or electronic submission;
<bullet> 0694-0137 ``License Exceptions and Exclusions,'' which
carries a burden-
[[Page 5092]]
hour estimate average of 1.5 hours per submission;
<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 the Export Control Reform Act of
2018, this action is exempt from the Administrative Procedure Act (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 in 15 CFR Part 740
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
Accordingly, part 740 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:
PART 740--LICENSE EXCEPTIONS
0
1. The authority citation for 15 CFR 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.
0
2. In supplement 1 to part 740 amend the table Country Group D by
revising the entry for Cambodia to read as follows:
Supplement No. 1 to Part 740--Country Groups
* * * * *
Country Group D
--------------------------------------------------------------------------------------------------------------------------------------------------------
[D: 5] U.S.
Country [D: 1] National [D: 2] Nuclear [D: 3] Chemical [D: 4] Missile arms embargoed
security & biological technology countries \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Cambodia........................................................... X
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Note to Country Group D:5: Countries subject to U.S. arms embargoes are identified by the State Department through notices published in the Federal
Register. The list of arms embargoed destinations in this table is drawn from 22 CFR 126.1 and State Department Federal Register notices related to
arms embargoes and will be amended when the State Department publishes subsequent notices. If there are any discrepancies between the list of
countries in this table and the countries identified by the State Department as subject to a U.S. arms embargo (in the Federal Register), the State
Department's list of countries subject to U.S. arms embargoes shall be controlling.
* * * * *
Julia A. Khersonsky,
Deputy Assistant Secretary for Strategic Trade.
[FR Doc. 2026-02262 Filed 2-3-26; 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 February 4, 2026.
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.