[Federal Register Volume 76, Number 172 (Tuesday, September 6, 2011)]
[Rules and Regulations]
[Pages 54928-54931]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22678]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 738, 740, 745, and 748

[Docket No. 110802457-1467-01]
RIN 0694-AF18


Export Administration Regulations: Netherlands Antilles, 
Cura[ccedil]ao, Sint Maarten and Timor-Leste

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Netherlands Antilles dissolved on October 10, 2010. This 
rule removes the Netherlands Antilles from all places where it is 
mentioned in the Export Administration Regulations (EAR), e.g., the 
Commerce Country Chart, the Country Groups, and License Exception APP. 
Cura[ccedil]ao and Sint Maarten (the Dutch two-fifths of the island of 
Saint Martin) became semi-autonomous entities within the Kingdom of the 
Netherlands. Therefore, Cura[ccedil]ao and Sint Maarten are added to 
the Commerce Country Chart.
    The territories and dependencies of a country are treated as the 
parent country under the EAR. Bonaire, Saba, and Sint Eustatius now 
fall under the direct administration of the Netherlands. Therefore, 
these dependencies are treated like the Netherlands and will not be 
listed on the Commerce Country Chart.
    This rule also revises the name ``East Timor'' to read ``Timor-
Leste'' throughout the EAR, because this is the proper name of the 
country.

DATES: Effective Date: This rule is effective: September 6, 2011.

FOR FURTHER INFORMATION CONTACT: For questions contact Sharron Cook, 
Office of Exporter Services, Bureau of Industry and Security, U.S. 
Department of Commerce at 202-482-2440 or by e-mail: 
Sharron.Cook@bis.doc.gov.

[[Page 54929]]


SUPPLEMENTARY INFORMATION:

Background

    The Netherlands Antilles, consisting of Curacao, Sint Maarten, 
Bonaire, Saba, and Sint Eustatius, dissolved on October 10, 2010. 
Cura[ccedil]ao and Sint Maarten (the Dutch two-fifths of the island of 
Saint Martin) became semi-autonomous entities within the Kingdom of the 
Netherlands. Bonaire, Saba, and Sint Eustatius now fall under the 
direct administration of the Netherlands. In addition, BIS has 
recognized that the country previously referred to in the Commerce 
Country Chart as ``East Timor'' should instead be referred to by its 
proper name, which is ``Timor-Leste.''

Revisions to the Export Administration Regulations (EAR)

    This rule corrects the third sentence in Section 738.3 paragraph 
(b) removing the phrase ``territory, possession, or department'' and 
adding in its place ``territory, possession, dependency or department'' 
in two places. The Commerce Country Chart (Supplement No. 1 to part 
738) generally does not list territories, possessions, dependencies or 
departments of countries, because they are treated the same as the 
parent country for export control purposes. The State Department has a 
Web site that lists ``Dependencies and Areas of Special Sovereignty'' 
at http://www.state.gov/s/inr/rls/10543.htm.
    This rule removes the Netherlands Antilles from the Commerce 
Country Chart (Supplement No. 1 to part 738 of the EAR), because it has 
dissolved and all the territories and dependencies previously under the 
Netherlands Antilles, except Cura[ccedil]ao and Sint Maarten (the Dutch 
two-fifths of the island of Saint Martin), are now treated in the same 
manner as the parent country--the Netherlands. Cura[ccedil]ao and Sint 
Maarten (the Dutch two-fifths of the island of Saint Martin) became 
semi-autonomous entities within the Kingdom of the Netherlands. 
Therefore, Cura[ccedil]ao and Sint Maarten (the Dutch two-fifths of the 
island of Saint Martin) are added to the Commerce Country Chart with 
license requirements (Xs) that are the same as the license requirements 
were for the Netherlands Antilles. In addition, this rule replaces the 
country name of ``East Timor'' with the proper name of ``Timor-Leste'' 
in the Commerce Country Chart and moves the resulting row to its 
appropriate alphabetic location.
    This rule also removes the Netherlands Antilles from the list of 
countries in Computer Tier 1 of License Exception APP in Section 
740.7(c)(1). There is no change in eligibility for exports or reexports 
to Bonaire, Saba, and Sint Eustatius of computers under License 
Exception APP, because the Netherlands is already in Computer Tier 1. 
However, there is expanded eligibility for exports and reexports to 
Bonaire, Saba, and Sint Eustatius of computer technology and software 
under License Exception APP, because the Netherlands is listed in 
Section 740.7(c)(3)(i) of License Exception APP. Cura[ccedil]ao and 
Sint Maarten (the Dutch two-fifths of the island of Saint Martin) are 
added to Computer Tier 1 of License Exception APP. In addition, this 
rule replaces the country name of ``East Timor'' with the proper name 
of ``Timor-Leste'' in Section 740.7(c)(1) and moves it to its new 
alphabetic location in Computer Tier 1.
    This rule also makes changes to the Country Groups in Supplement 
No. 1 to part 740. A country may appear in one or more of the Country 
Groups, or not at all, depending upon, among other things, its 
affiliation or membership in a multilateral export control regime. This 
rule removes the Netherlands Antilles from the list of countries in 
Country Group B of the Country Groups (Supplement No. 1 to part 740), 
and adds Cura[ccedil]ao and Sint Maarten (the Dutch two-fifths of the 
island of Saint Martin) to Country Group B. The Netherlands is listed 
in Country Group B, and therefore this revision does not alter the 
export controls or exemptions that apply to Bonaire, Saba, and Sint 
Eustatius. However, the Netherlands is also listed in Country Group A 
and therefore all exemptions, e.g., License Exceptions APR and GOV, 
that apply to the Netherlands now apply to its dependencies, 
territories and possessions. Additionally, this rule removes ``East 
Timor'' and adds in its place ``Timor-Leste'' in alphabetic order in 
the list of countries of Country Group B.
    This rule revises Supplement No. 2 to part 745 ``States Parties to 
the Convention on the Prohibition of the Development, Production, 
Stockpiling, and use of Chemical Weapons and on Their Destruction'' by 
removing ``Timor Leste (East Timor)'' and adding in its place ``Timor-
Leste''. This rule also removes ``Netherlands **'' and adds in its 
place ``Netherlands (Kingdom of the) **'' for clarification purposes 
and because of the recent changes to these entities. In addition, this 
rule removes the phrase ``the Netherlands includes Aruba and the 
Netherlands Antilles.'' in the two asterisk footnote and adds in its 
place ``the Netherlands (Kingdom of) includes the following 
dependencies: Aruba, Cura[ccedil]ao, and Sint Maarten (the Dutch two-
fifths of the island of Saint Martin).''
    This rule revises paragraph (a)(1) of Section 748.9 ``Support 
documents for license applications'' by removing ``Netherlands 
Antilles'' and adding ``Leeward Antilles''. This change will maintain 
the support document exemption for Aruba, Bonaire and Cura[ccedil]ao, 
and add a support document exemption for the Venezuelan archipelago. 
The Leeward Antilles consists of:

ABC islands:
    Aruba (Kingdom of the Netherlands),
    Bonaire (Kingdom of the Netherlands),
    Cura[ccedil]ao (Kingdom of the Netherlands).

Venezuelan archipelago:
    Las Aves,
    Los Roques,
    La Orchilla,
    La Blanquilla,
    Los Hermanos,
    Los Testigos.

The support documentation exemption for Saba, Sint Eustatius and Sint 
Maarten will continue as they are part of the Leeward Islands, which is 
already listed in Section 748.9(a)(1).

Export Administration Act

    Since August 21, 2001, the Export Administration Act of 1979, as 
amended, has been in lapse. However, the President, through Executive 
Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which 
has been extended by successive Presidential Notices, the most recent 
being that of August 12, 2010, 75 FR 50681 (August 16, 2010) has 
continued the EAR in effect under the International Emergency Economic 
Powers Act (50 U.S.C. 1701 et seq.).

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been designated a ``not significant 
regulatory action,'' under section 3(f) of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person be

[[Page 54930]]

subject to a penalty for failure to comply with a collection of 
information, subject to the requirements of Paperwork Reduction Act, 
unless that collection of information displays a currently valid Office 
of Management and Budget Control Number. This rule involves three 
collections of information subject to the PRA. One of the collections 
has been approved by OMB under control number 0694-0088, ``Multi-
Purpose Application,'' and carries a burden hour estimate of 43.8 
minutes for a manual or electronic submission. The second of the 
collections has been approved by OMB under control number 0694-0017, 
``International Import Certificate,'' and carries a burden hour 
estimate of 15 minutes for a manual or electronic submission. The last 
of the collections has been approved by OMB under control number 0694-
0021, ``Statement by Ultimate Consignee and Purchaser,'' and carries a 
burden hour estimate of 15 minutes for a manual or electronic 
submission Send comments regarding these burden estimates or any other 
aspect of these collections of information, including suggestions for 
reducing the burden, to OMB Desk Officer, New Executive Office 
Building, Washington, DC 20503; and to Jasmeet Seehra, OMB Desk 
Officer, by e-mail at Jasmeet_K._Seehra@omb.eop.gov or by fax to 
(202) 395-7285; and to the Office of Administration, Bureau of Industry 
and Security, Department of Commerce, 14th and Pennsylvania Avenue, 
NW., Room 6622, Washington, DC 20230. This rule does not contain 
policies with Federalism implications as that term is defined under 
E.O. 13132.
    3. The Department finds that there is good cause under 5 U.S.C. 
553(b)(B) to waive the provisions of the Administrative Procedure Act 
requiring prior notice and the opportunity for public comment because 
it is unnecessary. The revisions made by this rule are administrative 
in nature and minimally affect the rights and obligations of the 
public. Because these revisions are not substantive changes to the EAR, 
it is unnecessary to provide notice and opportunity for public comment. 
In addition, the 30-day delay in effectiveness required by 5 U.S.C. 
553(d) is not applicable because this rule is not a substantive rule. 
Notice of proposed rulemaking and opportunity for public comment are 
not required for this rule under the Administrative Procedure Act or by 
any other law, and the analytical requirements of the Regulatory 
Flexibility Act (5 U.S.C 601 et seq.) are not applicable.

List of Subjects

15 CFR Part 738

    Exports.

15 CFR Parts 740 and 748

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements.

15 CFR Part 745

    Administrative practice and procedure, Chemicals, Exports, Foreign 
trade, Reporting and recordkeeping requirements.

    Accordingly, parts 738, 740, 745, and 748 of the Export 
Administration Regulations (15 CFR Parts 730 through 774) are amended 
as follows:

PART 738--[AMENDED]

0
1. The authority citation for 15 CFR part 738 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et 
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; Notice of August 12, 2011, 76 FR 50661 (August 16, 2011).


Sec.  738.3  [Amended]

0
2. Section 738.3 is amended by removing the phrase ``territory, 
possession, or department'' and adding in its place ``territory, 
possession, dependency or department'' in two places in the third 
sentence of paragraph (b).

0
3. Supplement No. 1 to part 738 is amended by:
0
a. Adding in alphabetic order rows for ``Cura[ccedil]ao'' and ``Sint 
Maarten (the Dutch two-fifths of the island of Saint Martin)'', as set 
forth below:
0
b. Removing the row for ``Netherlands Antilles''; and
0
c. Removing the country name ``Timor East'' and adding (in alphabetic 
order) in its place ``Timor-Leste''

SUPPLEMENT NO. 1 TO PART 738--COMMERCE COUNTRY CHART

                                                                                       Reason for Control
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                                                                    Chemical & biological    Nuclear non-       National      Missile     Regional      Firearms       Crime           Anti-
                                                                           weapons           proliferation      security        tech      stability    convention     control        terrorism
                            Countries                             ------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                    CC   CC   CC
                                                                    CB 1    CB 2    CB 3     NP 1     NP 2    NS 1    NS 2      MT 1     RS 1   RS 2      FC 1      1    2    3    AT 1    AT 2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                                          * * * * * * *
Cura[ccedil]ao...................................................      X       X   ......       X   .......      X       X          X      X      X   ...........   X   ...   X   ......  ......
 
                                                                                          * * * * * * *
Sint Maarten (the Dutch two-fifths of the island of Saint Martin)      X       X   ......       X   .......      X       X          X      X      X   ...........   X   ...   X   ......  ......
 
                                                                                          * * * * * * *
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PART 740--[AMENDED]

0
4. The authority citation for 15 CFR part 740 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. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., 
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 
of August 12, 2011, 76 FR 50661 (August 16, 2011).


Sec.  740.7  [Amended]

0
5. Section 740.7 is amended by:
0
a. Removing ``Netherlands Antilles'' from the list of countries in 
paragraph (c)(1);

[[Page 54931]]

0
b. Adding in alphabetic order ``Cura[ccedil]ao'' and ``Sint Maarten 
(the Dutch two-fifths of the island of Saint Martin)'' to paragraph 
(c)(1);
0
c. Removing ``East Timor'' and adding ``Timor-Leste'' in alphabetic 
order to paragraph (c)(1).

Supplement No. 1 to Part 740 [Amended]

0
6. Supplement No. 1 to part 740 is amended by:
0
a. Removing ``Netherlands Antilles'' from the list of countries in 
Country Group B;
0
b. Adding in alphabetic order ``Cura[ccedil]ao'' and ``Sint Maarten 
(the Dutch two-fifths of the island of Saint Martin)'' to the list of 
countries in Country Group B; and
0
c. Removing ``East Timor'' and adding ``Timor-Leste'' in alphabetic 
order in the list of countries of Country Group B.

PART 745--[AMENDED]

0
7. The authority citation for 15 CFR part 745 continues to read as 
follows:

    Authority:  50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 
CFR, 1994 Comp., p. 950; Notice of November 4, 2010, 75 FR 68673 
(November 8, 2010).

Supplement No. 2 to Part 745 [Amended]

0
8. Supplement No. 2 to part 745 is amended by:
0
a. Removing ``Netherlands * * *'' and adding in its place ``Netherlands 
(Kingdom of the) * * *''
0
b. Removing ``Timor Leste (East Timor)'' and adding in its place 
``Timor-Leste'';
0
c. Removing the phrase ``the Netherlands includes Aruba and the 
Netherlands Antilles.'' in the two asterisk footnote and adding in its 
place ``the Netherlands (Kingdom of) includes: Aruba, Cura[ccedil]ao, 
and Sint Maarten (the Dutch two-fifths of the island of Saint 
Martin).''

PART 748--[AMENDED]

0
9. The authority citation for 15 CFR part 748 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 12, 2011, 76 
FR 50661 (August 16, 2011).


Sec.  748.9  [Amended]

0
10. Section 748.9 is amended in the list of countries in paragraph 
(a)(1) by removing ``Netherlands Antilles'' and adding in alphabetical 
order ``Leeward Antilles''.

    Dated: August 30, 2011.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2011-22678 Filed 9-2-11; 8:45 am]
BILLING CODE 3510-33-P