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DOC/BIS | RIN: 0694-AD59 | Publication ID: Fall 2008 |
Title: Conforming Changes to Certain End-User/End-Use Based Controls in the EAR; Clarification of the Term Transfer and Related Terms as Used in the EAR | |
Abstract: The Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by making conforming changes in certain end-user/end-use controls in the EAR to ensure that the terminology used to describe each type of end-user/end-use control is consistent, to the fullest extent possible, with the terminology in other such controls in the EAR. The amendments would clarify that a party cannot proceed with an export, reexport, or transfer (in-country) that is in transit at the time the party is informed by BIS that a license is required (in accordance with certain end-user/end-use controls in the EAR), unless that party first obtains a license from BIS authorizing the completion of the transaction. These changes to part 744 are intended to enhance the ability of BIS to stop items subject to the EAR, including items not on the Commerce Control List, from being exported, reexported or transferred (in-country) when there is an unacceptable risk that such items will be used in, or diverted to, any of the proliferation activities specified in sections 744.2, 744.3, 744.4 and 744.6 of the EAR. This rule also amends the EAR by revising the definition of the term transfer and certain related terms, to provide greater clarity regarding these provisions. | |
Agency: Department of Commerce(DOC) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 15 CFR 744 15 CFR 758 15 CFR 736 15 CFR 740 15 CFR 742 15 CFR 748 15 CFR 752 15 CFR 760 15 CFR 772 | |
Legal Authority: 50 USC 2401 50 USC 1701 22 USC 3201 42 USC 2139a EO 12058 22 USC 2151 (note), PL 108-175 22 USC 3201 et seq 50 USC 1701 et seq 50 USC app 2401 et seq EO 12058 EO 12851 EO 12938 EO 12947 EO 13020 EO 13026 EO 13099 EO 13222 EO 13224 EO 13338 PL 106-387 PL 107-56 ... |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Timothy Mooney Department of Commerce Bureau of Industry and Security 1401 Constitution Avenue, Washington, DC 20230 Phone:202 482-3371 Email: timothy.mooney@bis.doc.gov |