BIS Seeks Comments on "Foreign Policy-Based" Export Controls
The Bureau of Industry and Security (BIS) has issued a notice stating that it is reviewing the "foreign policy-based" export controls in the Export Administration Regulations (EAR) to determine whether they should be modified, rescinded or extended.
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To help make these determinations, BIS is seeking comments by November 22, 2006 on how such export controls have affected exporters and the general public.
(BIS states that under current law, "foreign policy-based" export controls in the EAR require annual extension, and that in January 2006, the Secretary of Commerce extended for one year all such controls then in effect.)
"Foreign Policy-Based" Export Controls Apply to Range of Countries, Items, Etc.
According to BIS, the current "foreign policy-based" export controls apply to a range of countries, items, activities, and persons including the following:
certain general purpose microprocessors for "military end-uses" and "military end-users" (15 CFR 744.17);
significant items (SI): hot section technology for the development, production, or overhaul of commercial aircraft engines, components, and systems (15 CFR 742.14);
encryption items (15 CFR 742.15 and 744.9);
crime control and detection commodities (15 CFR 742.7);
specially designed implements of torture (15 CFR 742.11);
certain firearms included within the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (15 CFR 742.17);
regional stability items (15 CFR 742.6);
equipment and related technical data used in the design, development, production, or use of certain rocket systems and unmanned air vehicles (15 CFR 742.5 and 744.3);
chemical precursors and biological agents, associated equipment, technical data, and software related to the production of chemical and biological agents (15 CFR 742.2 and 744.4) and various chemicals included in those controlled pursuant to the Chemical Weapons Convention (15 CFR 742.18);
nuclear propulsion (15 CFR 744.5);
aircraft and vessels (15 CFR 744.7);
embargoed countries (15 CFR Part 746);
countries designated as supporters of acts of international terrorism (15 CFR 742.8, 742.9, 742.10, 742.19, 746.2, and 746.7);
certain entities in Russia (15 CFR 744.10);
individual terrorists and terrorist organizations (15 CFR 744.12, 744.13 and 744.14);
certain persons designated by Executive Order 13315 (Blocking Property of the Former Iraqi Regime, its Senior Officials, and their Family Members) (15 CFR 744.18);
certain sanctioned entities (15 CFR 744.20); and
nuclear-related commodities and technology (15 CFR 742.3 and 744.2), which are, in part, implemented under Section 309(c) of the Nuclear Non Proliferation Act.
- written comments must be received by November 22, 2005
BIS contact - Joan Roberts (202) 482-4252
BIS notice (D/N 061005255-6255-01, FR Pub 10/23/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-17713.pdf.)