[Federal Register Volume 59, Number 39 (Monday, February 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4357]
[Federal Register: February 28, 1994]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
15 CFR Parts 771 and 774
[Docket No. 931116-3316]
Revisions to the Export Administration Regulations; Elimination
of the Certification Requirements for General License GLR
AGENCY: Bureau of Export Administration, Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of Export Administration (BXA) is amending the
Export Administration Regulations (EAR), by eliminating the Shipper's
Export Declaration (SED) certification requirements for exports and
reexports of replacement parts and equipment under General License GLR
to Country Groups Q, T, V, W, and Y. These reporting requirements were
originally imposed as a tracking system to help determine how well the
replacement provisions of General License GLR were working. BXA has
determined that placing the symbol GLR on the SED is in itself a
certification that the conditions of the general license are understood
and that the exporter will comply with the terms of the general
license. However, the removal of the certification requirement does not
relieve the exporter of any recordkeeping obligations or other export
clearance provisions contained in the EAR.
This rule also eliminates the reporting requirement regarding
servicing commodities imported from Country Groups Q, W, or Y and
eliminates the reporting requirements regarding certain reexports of
one-for-one replacements and replacement equipment.
EFFECTIVE DATE: This rule is effective February 28, 1994.
FOR FURTHER INFORMATION CONTACT: Patricia Muldonian, Office of
Technology and Policy Analysis, Bureau of Export Administration, U.S.
Department of Commerce, Telephone: (202) 482-2440.
SUPPLEMENTARY INFORMATION: Exporters are reminded that listing General
License GLR on the Shipper's Export Declaration (SED) and the
presentation of such a SED to the U.S. Government under the clearance
procedures of part 786 constitutes a declaration that the export is
authorized under General License GLR and that the exporter is committed
to the terms and conditions of the one-for-one replacement authority of
General License GLR, including, but not limited to, the duty to destroy
abroad or return the part to be replaced.
Rulemaking Requirements
1. This rule involves a collection of information subject to the
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), approved by
the Office of Management and Budget under control numbers 0694-0018 and
0694-0047. This rule will reduce the reporting burden on the public.
2. This rule does not contain policies with Federalism implications
sufficient to warrant preparation of a Federalism assessment under
Executive Order 12612.
3. 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.
4. 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. Section 13(b) of the Export
Administration Act (EAA) does not require that this rule be published
in proposed form because this rule does not impose a new control. No
other law requires that a notice of proposed rulemaking and an
opportunity for public comment be given for this rule.
Accordingly, it is issued in final form. However, comments from the
public are always welcome. Comments should be submitted to Patricia
Muldonian, Office of Technology and Policy Analysis, Bureau of Export
Administration, Department of Commerce, P.O. Box 273, Washington, DC
20044.
List of Subjects in 15 CFR Parts 771 and 774
Exports, Reporting and recordkeeping requirements.
Accordingly, parts 771 and 774 of the Export Administration
Regulations are amended as follows:
1. The authority citations for 15 CFR parts 771 and 774 continue 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); and 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); E.O.
12867 of September 30, 1993 (58 FR 51743, October 4, 1993); E.O.
12868 of September 30, 1993 (58 FR 51749, October 4, 1993).
PART 771--[AMENDED]
2. Section 771.17 is amended by removing paragraph (a)(4) (the Note
following (a)(4) is unchanged); by redesignating paragraph (a)(5) as
paragraph (a)(4); by revising paragraph (e)(3)(ii) and removing the
certification following that paragraph; by adding a new paragraph
(e)(3)(iii); by amending paragraphs (f)(2)(i) and (f)(2)(ii) to remove
the semicolon at the end of each sentence and replacing the semicolons
with a period; by revising paragraphs (f)(2)(iii) and (f)(3)(iii) and
removing the certification following each paragraph; and by removing
paragraph (f)(3)(iv) as follows:
Sec. 771.17 General license GLR; return or replacement of certain
commodities.
* * * * *
(e) * * *
(3) * * *
(ii) The parts to be replaced shall either be destroyed abroad or
returned to the party who supplied the replacement parts, or to a
foreign firm that is under the effective control of that party prior
to, or promptly after, the shipment of the replacement parts.
(iii) Any export made under paragraph (e)(3) of this section shall
be cleared in accordance with the provisions of part 786 of this
subchapter.
* * * * *
(f) * * *
(2) * * *
(iii) Any export made under paragraph (f)(2) of this section shall
be cleared in accordance with the provisions of part 786 of this
subchapter.
(3) * * *
(iii) Any export made under paragraph (f)(3) of this section shall
be cleared in accordance with the provisions of part 786 of this
subchapter. By making such an export the exporter represents that all
the requirements of paragraph (e)(3) have been met and undertakes to
destroy or return the replaced parts as set forth in paragraph
(f)(3)(ii).
PART 774--[AMENDED]
3. Section 774.2 is amended by revising paragraph (a)(4) to read as
follows:
Sec. 774.2 Permissive reexports.2
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\2\See Sec. 774.9 for effect on foreign laws.
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* * * * *
(a) * * *
(4) May be exported directly from the United States to the country
of destination under paragraphs (e) or (f) of General License GLR
(Sec. 771.17 of this subchapter). A party reexporting U.S. origin one-
for-one replacement parts or replacements for defective or unacceptable
U.S. origin equipment shall ensure that the commodities being repaired
or replaced were shipped to their present location in accordance with
U.S. law and continue to be legally used, and that either before or
promptly after reexport of the replacement parts or equipment, the
replaced parts or equipment are either destroyed or returned to the
United States or to the foreign firm in Country Groups T or V, except
Iran and Syria that shipped the replacement parts or equipment.
* * * * *
Dated: February 22, 1994.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 94-4357 Filed 2-25-94; 8:45 am]
BILLING CODE 3510-DT-P
