[Federal Register Volume 64, Number 85 (Tuesday, May 4, 1999)]
[Rules and Regulations]
[Pages 24018-24019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11304]
[[Page 24017]]
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Part VII
Department of Commerce
_______________________________________________________________________
Bureau of Export Administration
_______________________________________________________________________
15 CFR Part 746
Exports to Serbia; Final Rule
Federal Register / Vol. 64, No. 85 / Tuesday, May 4, 1999 / Rules and
Regulations
[[Page 24018]]
DEPARTMENT OF COMMERCE
Bureau of Export Administration
15 CFR Part 746
[Docket No. 990422104-9104-01]
RIN 0694-AB91
Exports to Serbia
AGENCY: Bureau of Export Administration, Commerce.
ACTION: Final rule
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SUMMARY: In his address to the nation on March 24, 1999, President
Clinton announced that the Armed Forces of the United States had joined
those of our NATO allies in air strikes against Serbian forces
responsible for brutal attacks on ethnic Albanians in the province of
Kosovo. This rule imposes a license requirement for exports and
reexports to Serbia of all items subject to the Export Administration
Regulations (EAR).
EFFECTIVE DATE: This rule is effective May 4, 1999.
FOR FURTHER INFORMATION CONTACT: James Lewis, Director, Office of
Strategic Trade and Foreign Policy Controls, Bureau of Export
Administration, Telephone: (202) 482-4196.
SUPPLEMENTARY INFORMATION:
Background
In response to the Serbian government's continued ethnic cleansing
in its Kosovo province and its rejection of the proposed peace
agreement accepted by the Kosovars, NATO (including the United States)
has taken military action. This action is intended to deter the mass
killing and dislocation of ethnic Albanians in Kosovo and to prevent a
widening of the conflict.
In Resolution 1203 (adopted on October 24, 1998), the United
Nations Security Council (UNSC) expressed alarm at what it described as
the continuing grave humanitarian situation throughout Kosovo and the
impending humanitarian catastrophe. Previously, in Resolution 1160 of
March 3, 1998, the UNSC had imposed an embargo on the sale of arms and
related materials to the Federal Republic of Yugoslavia.
On July 14, 1998, BXA implemented an embargo on arms and arms-
related items in the Export Administration Regulations (EAR) that
applied to Serbia and Montenegro. The arms embargo continues in effect.
This rule imposes an additional license requirement on exports and
reexports to Serbia of all items subject to the EAR. Applications will
be reviewed on a case-by-case basis, with a presumption of denial for
applications for other than humanitarian items. For humanitarian items,
BXA will approve sales of agricultural commodities and products,
medicine, and medical equipment for civilian end-use when appropriate
safeguards can be developed to prevent diversion to military,
paramilitary or political use. No License Exceptions are available for
Serbia, except that items consigned to and for use by personnel and
agencies of the U.S. Government may be shipped under License Exception
GOV, and temporary exports or reexports by the accredited news media
may be made under License Exception TMP. This rule does not affect
Montenegro.
This action is taken consistent with the provisions of the Export
Administration Act (EAA) and after consultation with the Secretary of
State. BXA submitted a foreign policy report to the Congress indicating
the imposition of new foreign policy controls on April 30, 1999.
Although the EAA expired on August 20, 1994, the President invoked
the International Emergency Economic Powers Act and continued in effect
the EAR, and to the extent permitted by law, the provisions of the EAA
in Executive Order 12924 of August 19, 1994, as extended by the
President's notices of August 15, 1995 (60 FR 42767), August 14, 1996
(61 FR 42527), August 13, 1997 (62 FR 43629), and August 13, 1998 (63
FR 44121, August 17, 1998).
Saving Clause
Shipments of items removed from License Exception or NLR
authorizations as a result of this regulatory action that were en route
aboard a carrier to a port of export, on dock for loading aboard an
exporting carrier, on lighter, or laden aboard an exporting carrier on
May 4, 1999, pursuant to actual orders for export to that destination
in Serbia, may proceed to that destination under the previous License
Exception or NLR authorization provisions so long as they have been
exported from the United States before May 11, 1999. Any such items not
actually exported before midnight May 11, 1999, require a license in
accordance with this regulation.
Rulemaking Requirements
1. This final rule has been determined to be significant for
purposes of E.O. 12866.
2. This rule involves a collection 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 number 0694-0088, ``Multi-Purpose Application,'' which
carries a burden hour estimate of 40 minutes to prepare and submit
electronically and 45 minutes to submit manually on form BXA-748P.
Notwithstanding any other provision of law, no person is required to
respond 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, unless that collection of information
displays a currently valid OMB Control Number.
3. This rule does not contain policies with Federalism implications
sufficient to warrant preparation of a Federalism assessment under
Executive Order 12612.
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 military and foreign affairs
function of the United States (Sec. 5 U.S.C. 553(a)(1)). Further, no
other law requires that a notice of proposed rulemaking and an
opportunity for public comment be given for this final rule. Because a
notice of proposed rulemaking and an opportunity for public comment are
not required to be given for this rule under 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.
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 Hillary
Hess, Regulatory Policy Division, Bureau of Export Administration,
Department of Commerce, P.O. Box 273, Washington, DC 20044.
List of Subjects in 15 CFR Part 746
Embargoes, Exports, Foreign trade, Reporting and recordkeeping
requirements.
Accordingly, part 746 of the Export Administration Regulations (15
CFR parts 730-799) is amended as follows:
PART 746--[AMENDED]
1. The authority citation for part 746 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 287c, 6004; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p.
899; E.O. 12924, 3 CFR, 1994 Comp., p.
[[Page 24019]]
917; Notice of August 13, 1997 (62 FR 43629, August 15, 1997);
Notice of August 13, 1998 (63 FR 44121, August 17, 1998).
2. Section 746.9 is revised to read as follows:
Sec. 746.9 The Federal Republic of Yugoslavia (Serbia and Montenegro).
The Department of Commerce maintains a comprehensive embargo on
exports and reexports to Serbia. Additionally, a United Nations
mandated arms embargo applies to certain items destined to the Federal
Republic of Yugoslavia (Serbia and Montenegro).
(a) License requirements. (1) Serbia. You will need a license to
export or reexport all items subject to the EAR to Serbia, except as
specified in paragraph (c) of this section. This requirement does not
apply to Montenegro.
(2) Federal Republic of Yugoslavia (Serbia and Montenegro). Under
Executive Order 12918 of May 26, 1994 (3 CFR, 1994 comp., p. 899)
(which authorizes the Secretary of State and the Secretary of Commerce,
under section 5 of the United Nations Participation Act and other
authorities available to the respective Secretaries, to take all
actions necessary to implement any arms embargo mandated by resolution
of the United Nations Security Council), and in conformity with United
Nations Security Council (UNSC) Resolution 1160 of March 31, 1998, an
embargo applies to the sale or supply to the Federal Republic of
Yugoslavia of arms and related materiel of all types and regardless of
origin, such as weapons and ammunition, military vehicles and
equipment, and spare parts for such items. You will therefore need a
license for the sale, supply or export to the Federal Republic of
Yugoslavia (Serbia and Montenegro) from the United States of embargoed
items, as listed in paragraphs (a)(2)(i) and (ii) of this section. You
will also need a license for the sale, supply, export or reexport to
the Federal Republic of Yugoslavia (Serbia and Montenegro) of such
items by any United States person in any foreign country or other
location. (Reexport controls imposed under this paragraph (a)(2) apply
only to reexports by U.S. persons. Reexport controls on U.S.-origin
items to the Federal Republic of Yugoslavia (Serbia and Montenegro) set
forth in other parts of the EAR remain in effect.) You will also need a
license for the use of any U.S.-registered aircraft or vessel to supply
or transport to the Federal Republic of Yugoslavia (Serbia and
Montenegro) any such items. These requirements apply to embargoed items
specified in paragraphs (a)(2)(i) and (a)(2)(ii) of this section,
regardless of origin.
(i) Crime Control and Detection Equipment as identified on the CCL
under CC Columns No. 1, 2 or 3 in the Country Chart column of the
``License Requirements'' section of the applicable ECCN.
(ii) Items described by ECCNs ending in ``018''; and 0A982, 0A984,
0A985, 0A986, 0A988, 0A989, 0B986, 0E984, 1A005, 1C998, 2A993,
6A002.a.1, a.2, a.3, b and c, 6A003.b.3 and b.4, 6E001, 6E002, and
9A991.a.
(3) Date of embargo. The licensing requirements in paragraph (a)(2)
of this section were effective on July 14, 1998.
(b) Licensing policy. (1) Serbia. Applications for export or
reexport of all items subject to the EAR to Serbia will be reviewed on
a case-by-case basis, with a presumption of denial for other than
humanitarian items. For humanitarian items, BXA will approve sales of
agricultural commodities and products, medicine, and medical equipment
for civilian end-use when appropriate safeguards can be developed to
prevent diversion to military, paramilitary or political use.
(2) Federal Republic of Yugoslavia (Serbia and Montenegro).
Applications for export or reexport of all items listed in paragraphs
(a)(2)(i) and (ii) of this section are subject to a general policy of
denial. Consistent with United Nations Security Council Resolution
1160, this embargo is effective notwithstanding the existence of any
rights or obligations conferred or imposed by any international
agreement or any contract entered into or any license or permit granted
prior to July 14, 1998, except to the extent provided in regulations,
orders, directives or licenses that may be issued in the future under
Executive Order 12918 or under the EAR.
(c) License Exceptions. Items consigned to and for use by personnel
and agencies of the U.S. Government may be exported or reexported to
Serbia under License Exception GOV (see Sec. 740.11(b)(2) of the EAR),
and temporary exports or reexports by the news media may be made to
Serbia under License Exception TMP (see Sec. 740.9(a)(2)(viii) of the
EAR). No other License Exceptions are available for Serbia.
(d) Related controls. The Department of State, Office of Defense
Trade Controls, maintains related controls on arms and military
equipment under the International Traffic in Arms Regulations (22 CFR
parts 120-130). You should also contact the Department of the
Treasury's Office of Foreign Assets Control concerning any restrictions
which might apply to U.S. persons involving financial transactions with
the Federal Republic of Yugoslavia (Serbia and Montenegro).
Dated: April 30, 1999.
R. Roger Majak,
Assistant Secretary for Export Administration.
[FR Doc. 99-11304 Filed 4-30-99; 4:17 pm]
BILLING CODE 3510-DT-P
