Archive for the ‘Federal Register’ Category
Sunday, November 16th, 2008 by Guest Author
In response to industry pressure and a Presidential Directive issued earlier this year, the Bureau of Industry and Security (BIS) published an interim final rule on October 3, 2008 modifying the Export Administration Regulations (EAR) governing the export of hardware, software and technical data using encryption technology. The rule makes some marginal changes to the regulations but falls short of any significant restructuring of the regulatory regime which as been in place for almost a decade. Despite the limited nature of the changes, many U.S. companies will need to tweak their compliance practices immediately in order to comply with the new rules — there is no “grace period” for implementation.
The new rule, ironically entitled “Encryption Simplification” takes up eighteen pages in the Federal Register. BIS plans on developing additional guidance to be posted on its website as questions will inevitably be raised regarding the correct interpretation of certain provisions contained in the final rule.
Good News for Some
Companies in the business of making products for the consumer market will benefit from the regulatory changes. For example, companies that make mass-market products using weak cryptography (now defined as using key lengths not exceeding 80 bits; for asymmetric algorithms with key lengths not exceeding 1024 bits; and for elliptic curve algorithms with key lengths not exceeding 160 bits) no longer have to submit a notification of self-classification prior to export. These products can be classified as 5X992 and exported under “NLR”. (more…)
Posted in BIS, EAR, Federal Register, Information Technology | Comments Off
Wednesday, December 19th, 2007 by Danielle McClellan
On December 19, 2007, an amendment to the ITAR was published that revised the licensing procedures with regards to third party/dual nationals for technical assistance and manufacturing license agreements. It is no longer required that additional approval for a release of technical data, defense services, and access to defense articles for third part/dual national employees from NATO, EU, Australia, New Zealand, Japan, and Switzerland. (more…)
Posted in Australia, DDTC, Defense Trade Controls, Dual/3rd Party Nationals, EU, Federal Register, ITAR, Information Technology, MLA, NATO, TAA, USA Regulations | Comments Off
Wednesday, December 19th, 2007 by John Black
“Beware of apparently good news.” — John Black
In the December 19, 2007 Federal Register, the Directorate of Defense Trade Controls (DDTC) of the State Department announced its new policy for dual and third country nationals. The change primarily is related to the requirement that when you apply for a Technical Assistance Agreement (TAA) or Manufacturing License Agreement, you must identify the foreign nationalities of the foreign signatories to the agreement. (more…)
Posted in Australia, Canada, DDTC, Defense Trade Controls, Dual/3rd Party Nationals, EU, Federal Register, ITAR, MLA, NATO, TAA, USA Regulations | Comments Off
Wednesday, December 12th, 2007 by Danielle McClellan
It used to be that the International Traffic in Arms Regulations allowed a US citizen employee of a US exporter to carry export-license-required-technical data (technology) out of the country on his/her laptop while the EAR did not allow the same thing to happened. That has now changed.In the December 12, 2007 Federal Register, the Bureau of Industry and Security, Commerce has revised the Export Administration Regulations (EAR) to expand the export license exceptions Temporary Imports, Exports, and Reexports (TMP) and Baggage (BAG) to allow for certain exports and reexports of technology between two U.S. persons or their employees traveling or those that are temporarily assigned abroad.
The rule expands the availability of License Exceptions TMP and BAG but does not authorize any new release of technology. Any technology exported under the new rule may only be released to persons who may receive that same technology pursuant to other provisions of the EAR which means it will still be subject to restrictions applicable to technology exports and reexports. (more…)
Posted in EAR, Encryption, Federal Register, Information Technology, USA Regulations | Comments Off
Wednesday, November 7th, 2007 by Danielle McClellan
Effective November 7, 2007, the Department of Commerce will control the licensing of the QRS11-00100-100/101 and the QRS11-00050-443/569 Micromachined Angular Rate Sensors. The Department of State previously held the licensing jurisdiction for the sensor, as it was found on the United States Munitions list. Many industry inquiries about incorporating the part into civil automatic flight control systems and standby systems led to its removal from the Munitions List causing the part to no longer be under the jurisdiction of the state. The instrument systems, automatic flight control systems and the aircraft which would house the sensor will remain subject to the EAR.
More information:
Federal Register Notice
Posted in Commerce Dept, Defense Trade Controls, EAR, Federal Register, State Dept, USA Regulations | Comments Off
Tuesday, October 30th, 2007 by Danielle McClellan
The Bureau of Industry and Security has proposed a rule that would require that export and re-export license applications, classification requests, encryption review requests, License Exception AGR notifications and related documents be submitted to the BIS (Bureau of Industry and Security) via its Simplified Network Application Process (SNAP-R) system.
The SNAP-R is an improvement of the BIS’s latter system, SNAP. The new system includes the ability to include documents related to a submission in the form of PDF files as “attachments” to the submission. The system also includes a feature that allows BIS personnel to request additional information from the submitting party and for the party to submit that information in a manner that ties the chain of communication to the submission.
SNAP-R is intended to reduce processing times and simplify compliance with the administration of export controls. The system should provide improved efficiency in submission and processing and will hopefully improve end-user security through rights management and an updated application and security infrastructure.
Under the proposal, paper submissions will only be accepted if:
- The party has had only had one submission in the twelve months immediately preceding the current submission
- The party does not have access to the internet
- BIS has rejected the party’s electronic filing registration or revoked its eligibility to file electronically
- BIS has determined that the party submit on paper for a particular transaction
- BIS has determined that certain conditions justify allowing paper submissions on a particular instance.
More information:
Federal Register Notice (PDF)
Posted in BIS, EAR, Export License, Federal Register | Comments Off
Friday, October 19th, 2007 by Danielle McClellan
In the October 19, 2007 Federal Register the Bureau of Industry and Security published the names of the five entities in China who are the first BIS has designated to be Validated End-Users (VEU) eligible to receive certain items without export/reexport licenses. The five VEUs are:
- Applied Material China: supplier
- Boeing Hexcel AVIC I Joint Venture National Semiconductor Corporation
- Semiconductor Manufacturing International Corporation
- Shanghai Hua Hong NEC Corporation
- National Semiconductor Corporation
Each VEU has a list of specific Export Control Classification Numbers (ECCNs) that they may receive license-free under the VEU program. The eligible ECCNs vary from one VEU to the next. The new rule also identifies which facilities for each VEU are eligible to receive license-free exports/reexports.
More information and the complete final rule are available at:
Federal Register Notice
BIS Announcement
Posted in BIS, China, Federal Register, USA Regulations | Comments Off
Wednesday, September 12th, 2007 by Danielle McClellan
Effective September 12, 2007, the Bureau of Industry and Security (BIS) will amend the Export Administration Regulations (EAR) to reflect changes to the “Control List of Biological Agents”. This rule will amend the EAR to reflect the admission of Croatia into the Australia Group and revises the CCL entry which controls equipment that is can be used in handling any type of biological materials. Lastly, the new rule will amend the list of countries that are States Parties to the Chemical Weapons Convention, Barbados will now be joining the party.
More information:
Federal Register Notice
Posted in Australia Group, BIS, CCL, Chemical & Biological Weapons, EAR, Federal Register, USA Regulations | Comments Off
Thursday, August 30th, 2007 by John Black
In the August 30, 2007 Federal Register, the Office of Foreign Assets Control (OFAC) made several amendments to the Cuban Assets Control Regulations, Burmese Sanctions Regulations, Sudanese Sanctions Regulations, and Iranian Transactions Regulations to extend the general licensing to cover services in connection with written publications. A key element of the amendments applies to electronic publications that are already exempt from OFAC jurisdiction. The amendments extend the exemption for informational materials to also apply to embedded software that is embedded in the informational materials and used to search, view or read the electronic publications.
Posted in Burma/Myanmar, Cuba, Embargoes, Federal Register, Information Technology, Iran, OFAC, Sudan | Comments Off
Tuesday, June 5th, 2007 by Guest Author
On June 5, 2007, Assistant Secretary of Export Administration Christopher A. Padilla has issued the following: BIS is revising the EAR by amending a general order published in the Federal Register on June 5, 2006 and later amended on September 6, 2006 to add nine additional persons. The general order imposed a license requirement for exports and reexports of all items subject to the EAR where the transaction involved Mayrow General Trading (“Mayrow”) or entities related, as specified in that general order. The order also prohibited the use of License Exceptions for exports or reexports of any items subject to the EAR involving such entities.
This rule will expand the general order and add sixteen additional persons to it. Pursuant to the expansion, the general order will cover: (i) Persons regarding whom the U.S. Government possesses information of affiliation or relationship to Mayrow; and (ii) other persons regarding whom the U.S. Government possesses information concerning the acquisition or attempted acquisition of commodities capable of being used to construct IEDs, as well as persons who are related to or affiliated with such persons 2E The order will apply to persons specifically listed who fit within either of these two groups. To reflect this expansion, this rule will update the heading of the general order to use the term “persons”.
Details from Department of Commerce
— Hannah Bandalan
Posted in BIS, Commerce Dept, EAR, Export License, Federal Register, USA Regulations | Comments Off
