[Federal Register Volume 59, Number 28 (Thursday, February 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3124]
[[Page Unknown]]
[Federal Register: February 10, 1994]
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Part VI
Department of Commerce
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Bureau of Export Administration
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15 CFR Parts 770, 771, and 785
Exports to Vietnam; Country Group Y; Rule
DEPARTMENT OF COMMERCE
Bureau of Export Administration
15 CFR Parts 770, 771, and 785
[Docket No. 940233-4033]
Exports to Vietnam; Country Group Y
AGENCY: Bureau of Export Administration, Commerce.
ACTION: Final rule.
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SUMMARY: On February 3, 1994, President Clinton stated that he was
lifting the trade embargo against Vietnam because he determined that
this step offers the best way to resolve the fate of our prisoners of
war and missing in action. Accordingly, the Bureau of Export
Administration (BXA) is amending the Export Administration Regulations
(EAR) by removing Vietnam from the Country Group Z list of embargoed
countries, placing Vietnam in Country Group Y, and revising certain
licensing policies and procedures for Vietnam. Since Vietnam is a COCOM
proscribed destination, it will share the same licensing policy with
most other Group Y countries.
This rule also removes General License G-NGO, which authorized
exports of donated humanitarian shipments to Vietnam by non-government
organizations, and removes General License GVN, which authorized
shipments to Vietnam in support of activities licensed by Treasury's
Office of Foreign Assets Control.
EFFECTIVE DATE: This rule is effective 5:05 PM EST, February 3, 1994.
FOR FURTHER INFORMATION CONTACT: David Schlechty, Country Policy
Branch, Office of Technology and Policy Analysis, Bureau of Export
Administration, Telephone: (202) 482-4252.
SUPPLEMENTARY INFORMATION:
Rulemaking Requirements
1. This rule was not subject to review by the Office of Management
and Budget under Executive Order 12866.
2. This rule involves collections of information subject to the
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). These
collections have been approved by the Office of Management and Budget
under control numbers 0694-0005 and 0694-0010.
3. This rule does not contain policies with Federalism implications
sufficient to warrant preparation of a Federalism assessment under
Executive Order 12612.
4. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by section
553 of the Administrative Procedure Act (5 U.S.C. 553), or by any other
law, under section 3(a) of the Regulatory Flexibility Act (5 U.S.C.
603(a) and 604(a)), no initial or final Regulatory Flexibility Analysis
has to be or will be prepared.
5. The provisions of the Administrative Procedure Act, 5 U.S.C.
553, requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a foreign and military affairs
function of the United States. No other law requires that a notice of
proposed rulemaking and an opportunity for public comment be given for
this rule.
Therefore, this regulation is issued in final form. Although there
is no formal comment period, public comments on this regulation are
welcome on a continuing basis. Comments should be submitted to Patricia
Muldonian, Office of Technology and Policy Analysis, Bureau of Export
Administration, Department of Commerce, 14th Street and Pennsylvania
Ave., NW., room 4054, Washington, DC 20230.
List of Subjects
15 CFR Part 770
Administrative practice and procedure, Exports.
15 CFR Part 771
Exports, Reporting and recordkeeping requirements.
15 CFR Part 785
Communist countries, Exports.
Accordingly, parts 770, 771, and 785 of the Export Administration
Regulations (15 CFR parts 730-799) are amended as follows:
1. The authority citation for parts 770 and 771 continues to read
as follows:
Authority: Pub. L. 90-351, 82 Stat. 197 (18 U.S.C. 2510 et
seq.), as amended; sec. 101, Pub. L. 93-153, 87 Stat. 576 (30 U.S.C.
185), as amended; sec. 103, Pub. L. 94-163, 89 Stat. 877 (42 U.S.C.
6212), as amended; secs. 201 and 201(11)(e), Pub. L. 94-258, 90
Stat. 309 (10 U.S.C. 7420 and 7430(e)), as amended; Pub. L. 95-223,
91 Stat. 1626 (50 U.S.C. 1701 et seq.); Pub. L. 95-242, 92 Stat. 120
(22 U.S.C. 3201 et seq. and 42 U.S.C. 2139a); sec. 208, Pub. L. 95-
372, 92 Stat. 668 (43 U.S.C. 1354); Pub. L. 96-72, 93 Stat. 503 (50
U.S.C. App. 2401 et seq.), as amended (extended by Pub. L. 103-10,
107 Stat. 40); sec. 125, Pub. L. 99-64, 99 Stat. 156 (46 U.S.C.
466c); E.O 11912 of April 13, 1976 (41 FR 15825, April 15, 1976);
E.O. 12002 of July 7, 1977 (42 FR 35623, July 7, 1977), as amended;
E.O. 12058 of May 11, 1978 (43 FR 20947, May 16, 1978); E.O. 12214
of May 2, 1980 (45 FR 29783, May 6, 1980); E.O. 12735 of November
16, 1990 (55 FR 48587, November 20, 1990), as continued by Notice of
November 11, 1992 (57 FR 53979, November 13, 1992); and E.O. 12868
of September 30, 1993 (58 FR 51747, October 4, 1993).
2. The authority citation for Part 785 continues to read as
follows:
Authority: Pub. L. 90-351, 82 Stat. 197 (18 U.S.C. 2510 et
seq.), as amended; Pub. L. 95-223, 91 Stat. 1626 (50 U.S.C. 1701 et
seq.); Pub. L. 95-242, 92 Stat. 120 (22 U.S.C. 3201 et seq. and 42
U.S.C. 2139a); Pub. L. 96-72, 93 Stat. 503 (50 U.S.C. App. 2401 et
seq.), as amended (extended by Pub. L. 103-10, 107 Stat. 40); E.O.
12002 of July 7, 1977 (42 FR 35623, July 7, 1977), as amended; E.O.
12058 of May 11, 1978 (43 FR 20947, May 16, 1978); E.O. 12214 of May
2, 1980 (45 FR 29783, May 6, 1980); E.O. 12735 of November 16, 1990
(55 FR 48587, November 20, 1990), as continued by Notice of November
11, 1992 (57 FR 53979, November 13, 1992); and E.O. 12868 of
September 30, 1993 (58 FR 51747, October 4, 1993).
PART 770--[AMENDED]
3. Supplement No. 1 to Part 770 is amended, under the heading
``Country Group Y'', by adding the term ``Vietnam'' in alphabetical
order and by removing the term ``Vietnam'' under the heading ``Country
Group Z''.
PART 771--[AMENDED]
Sec. 771.27 [Removed]
4. Section 771.27 is removed.
Sec. 771.28 [Removed]
5. Section 771.28 is removed.
PART 785--[AMENDED]
6. In Sec. 785.1, the section heading and paragraph (a) are amended
to read as follows:
Sec. 785.1 Country Group Z1: Cuba and North Korea.
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\1\ See Supplement No. 1 to part 770 of this subchapter for a
listing of Country Groups.
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(a) As authorized by section 6 of the Export Administration Act of
1979, as amended (EAA) and by the Trading With the Enemy Act of 1917 as
amended by Public Law 95-223, a validated license is required for
foreign policy purposes for the export and reexport of virtually all
U.S.-origin commodities and technical data to destinations in Country
Group Z. Certain exceptions are contained in parts 771 and 779 of this
subchapter, and in ECCN 0A98 on the Commerce Control List (Supplement
No. 1 to Sec. 799.1 of this subchapter). Except as noted below, the
general policy is to deny all applications or requests to export or
reexport U.S.-origin commodities and technical data to these
destinations. Exports of donations to meet basic human needs may be
authorized under a Humanitarian License, as described in Sec. 773.5 of
this subchapter. Such exports may also be authorized for single
transactions under an individual validated license. Exports to meet
emergency needs that do not qualify for export under the Humanitarian
License procedure will be considered on a case-by-case basis. Exports
of commercially-supplied goods to meet basic human needs may be
authorized under an individual validated license on a case-by-case
basis for destinations in North Korea. The types of commodities that
may be supplied commercially to meet basic human needs are the same as
those types of commodities described in Supplement No. 7 to part 773 of
this subchapter, but are not restricted solely to small scale projects
at the local level.
* * * * *
7. Section 785.2 is amended by revising the section heading and by
revising the phrase ``Poland, Romania, and the Slovak Republic only''
to read ``Poland, Romania, the Slovak Republic and Vietnam only'' in
paragraph (a)(1), as follows:
Sec. 785.2 Country Group Q, W, and Y2: Geographic area of the
former U.S.S.R., Eastern Europe, Mongolia, Cambodia, Laos, and Vietnam.
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\2\ See Supplement No. 1 to part 770 of this subchapter for
listing of Country Groups.
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* * * * *
Dated: February 4, 1994.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 94-3124 Filed 2-7-94; 3:49 pm]
BILLING CODE 3510-DT-P
