[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: 94-3125]
[[Page Unknown]]
[Federal Register: February 10, 1994]
_______________________________________________________________________
Part VII
Department of Commerce
_______________________________________________________________________
Bureau of Export Administration
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15 CFR Parts 768, et al.
Request for Comments on Simplification of the Export Administration
Regulations; Proposed Rule
DEPARTMENT OF COMMERCE
Bureau of Export Administration
15 CFR Parts 768 and 770, 771, 772, 773, 774, 775, 776, 777, 778,
779, 785, 786, 787, 788, 789, 790, 791 and 799
[Docket No. 940230-4030]
RIN 0694-AA67
Request for Comments on Simplification of the Export
Administration Regulations
AGENCY: Bureau of Export Administration, Commerce.
ACTION: Advance notice of proposed revision and simplification of
export administration regulations; request for comments.
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SUMMARY: Consistent with the export reform measures announced by the
Administration in the Trade Promotion Coordinating Committee Report,
the Bureau of Export Administration is undertaking a comprehensive
review of the Export Administration Regulations. This review is
intended to simplify, clarify, and to make the export control
regulatory requirements more user-friendly.
This advance notice and request for comments is being issued to
solicit public comments from industry and the interested public before
BXA begins to draft revisions of the regulations.
DATES: Comments should be received by March 28, 1994.
ADDRESSES: Written comments (six copies) should be sent to Patricia
Muldonian, Regulations Branch (Room 4054), Office of Technology and
Policy Analysis, Bureau of Export Administration, Department of
Commerce, P.O. Box 273, Washington, DC 20044.
FOR FURTHER INFORMATION CONTACT: Patricia Muldonian, Office of
Technology and Policy Analysis, Bureau of Export Administration,
telephone: (202) 482-2440.
SUPPLEMENTARY INFORMATION: On September 30, 1993, the Secretary of
Commerce submitted to the Congress a report of the Trade Promotion
Coordinating Committee (TPCC), entitled Toward a National Export
Strategy. This report included the following among its goals:
Undertake a comprehensive review of the Export Administration
Regulations to simplify, clarify, and make the regulations more
user-friendly. Working with industry, the simplification exercise
will be completed in 1994.
The Bureau of Export Administration (BXA) is providing advance
notice that, consistent with the TPCC report, it is initiating a review
of the Export Administration Regulations contained in parts 730 to 799
of title 15 of the Code of Federal Regulations (EAR). In this
connection, and before BXA starts to draft proposed regulations, it is
requesting comments from industry and the interested public.
This review of the EAR will be comprehensive, and it will include a
reexamination of the basic approaches to export controls as they are
currently administered under the EAR. The primary focus of this review
will be on the export-related provisions of the EAR. Consequently, BXA
does not intend to include in this review the antiboycott regulations
set forth in EAR Part 769. BXA is especially interested in comments
that suggest innovative alternative methods for BXA to carry out its
statutory export control responsibilities with minimal interference to
U.S. trade and competitiveness. BXA is also interested in proposals to
improve and simplify the overall structure of the EAR, and in specific
comments relating to the following:
(1) Can some license obligations be replaced with pre-shipment or
post-shipment notifications?
(2) Should the general license provisions of the EAR be revised?
Can certain general licenses be combined? Are there alternatives to the
general license concept?
(3) Should reexport controls be modified? Continued?
(4) How can the structure of the Commerce Control List (CCL) be
improved? Are there alternative approaches to the CCL? Can it be
renumbered/restructured? Can it be harmonized with other systems?
(5) Are there alternatives to the ``Country Group'' approach
currently used in the EAR?
(6) How should the EAR deal with controls on products of technical
data, written assurance requirements, and parts and components
controls? Are there alternative approaches?
(7) How should documentation requirements, such as Import
Certificates and Destination Control Statements, be modified? Should
forms used by BXA, e.g., BXA-622P (Application for Export License),
BXA-685P (Request for Amendment Request), or BXA-699P (Request for
Reexport Authorization), be changed, eliminated, or consolidated (with
other BXA forms or other agency forms)? Should document retention
requirements be modified?
(8) Should the EAR provide for ``License Free'' zones?
(9) What revisions should be made to the special licensing
procedures (Distribution License, Project License, Service Supply
Procedure, etc.)? Are there more effective alternatives?
(10) How should the EAR apply to unique situations such as the
electronic transmittal of technology and software, international
movement of aircraft and vessels, etc.?
(11) Are there new enforcement programs, practices or policies that
could enhance the government's ability to detect and prevent violations
of the EAR, while negatively impacting as little as possible on law-
abiding exporters?
All comments on improving and simplifying the EAR are welcome and
will be reviewed and considered in the course of rewriting the EAR.
Comments on policy issues, however, such as changes in the export
licensing policies to specific countries or regions, are outside the
scope of this regulatory review and should not be submitted.
Upon receipt and review of comments, BXA will draft proposed
regulations and publish them in the Federal Register for comment.
Following consideration of comments on the proposed regulations, BXA
plans to publish final regulations by the end of 1994.
BXA intends that all information obtained from the public in
connection with this notice be a matter of public record. Comments
received will be available for public inspection and copying. BXA will
not accept submissions made on a confidential basis. Communications
between agencies of the United States Government or with foreign
governments will not be made available for public inspection.
In the interest of accuracy and completeness, BXA requires written
comments. Oral comments must be followed by written memoranda, which
will also be a matter of public record and will be available for public
review and copying.
The public record concerning these comments will be maintained in
the Freedom of Information Records Inspection Facility, Room 4525, U.S.
Department of Commerce, 14th Street and Pennsylvania Avenue NW.,
Washington, DC 20230. Records in this facility, including written
public comments and memoranda summarizing the substance of oral
communications, may be inspected and copied in accordance with
regulations published in part 4 of title 15 of the Code of Federal
Regulations. Information about inspection and copying of records at
this facility may be obtained from Margaret Cornejo, BXA Freedom of
Information Officer, at the above address or by calling (202) 482-5653.
Dated: February 7, 1994.
Barry E. Carter,
Acting Under Secretary for Export Administration.
[FR Doc. 94-3125 Filed 2-7-94; 8:45 am]
BILLING CODE 3510-DT-P
