[Federal Register Volume 59, Number 114 (Wednesday, June 15, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14482]
[[Page Unknown]]
[Federal Register: June 15, 1994]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
15 CFR Parts 770, 771, and 775
[Docket No. 940533-4133]
RIN 0694-AA79
Exports to Argentina: Establishment of Import Certificate/
Delivery Verification (IC/DV) Procedure, Shorter Processing Time Frames
and General License GCG
AGENCY: Bureau of Export Administration, Commerce.
ACTION: Final rule.
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SUMMARY: As part of the Department of Commerce initiative to streamline
export licensing requirements for exports to countries that are
demonstrating increased ability to safeguard reexports of U.S.-origin
strategic goods and technology, the Bureau of Export Administration
(BXA) is extending to Argentina export licensing benefits available
under the provisions of section 5(k) of the Export Administration Act
of 1979, as amended (EAA).
This action will lessen the administrative burden on U.S. exporters
and their foreign customers.
Specifically, BXA is:
Providing shorter processing times for license
applications for Argentina; and
Amending General License GCG to authorize certain
shipments of U.S.-origin commodities to Argentina;
This rule also amends the Export Administration Regulations (EAR)
to include new requirements based on the implementation of Import
Certificate/Delivery Verification (IC/DV) procedures for Argentina.
DATES: Effective Date: This rule is effective June 15, 1994.
Grace Period: In lieu of the 45 day grace period provided in 15 CFR
775.10(c)(2), a 90 day grace period will apply to the requirement to
obtain the Argentine Import Certificate to support an export license
application. During the grace period, applications will be accepted
whether or not supported by an Argentine Import Certificate.
FOR FURTHER INFORMATION CONTACT: David Schlechty, Office of Technology
and Policy Analysis, Bureau of Export Administration, U.S. Department
of Commerce, Telephone: (202) 482-4253.
SUPPLEMENTARY INFORMATION: The Bureau of Export Administration (BXA)
requires a foreign importer to file an International Import Certificate
(IC) in support of individual validated license applications to export
certain commodities controlled for national security reasons to
specified destinations. The commodities are identified by the code
letter ``A'' following the Export Control Classification Number on the
Commerce Control List, which identifies those items subject to
Department of Commerce export controls. An IC is an undertaking by the
government of the country of ultimate destination to exercise legal
control over the disposition of those commodities covered by an IC.
BXA also requires a Delivery Verification Certificate (DV) on a
selective basis, as described in 15 CFR 775.3(i). A DV is issued by the
government of the country of ultimate destination after the exported
commodities have either entered the export jurisdiction of that country
or are otherwise accounted for by the importer.
New documentation practices adopted by Argentina warrant the
inclusion of that country in the IC/DV procedure. This rule amends the
EAR by adding Argentina to the list of countries that issue Import
Certificates and by adding the name and address of the Argentina
authorities to the list of foreign offices that administer the IC/DV
systems.
Rulemaking Requirements
1. This final rule has been determined to be not significant for
purposes of Executive Order 12866.
2. This rule involves collections 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
(OMB) under control numbers 0694-0001, 0694-0005, 0694-0007, 0694-0010,
and 0694-0016. Licensing requirements under OMB control numbers 0694-
0005, 0694-0007, and 0694-0010 will be reduced as a result of this
rule, while there will be a small increase under 0694-0001 and 0694-
0016, thereby reducing overall the paperwork burden on the public.
The Import Certificate requirements set forth in Sec. 775.3
supersede the exclusion for Argentina, as a member of Country Group T,
from the requirement for supporting documents for export license
applications. The Import Certificate issued by the Government of
Argentina does not constitute a collection of information under the
Paperwork Reduction Act of 1980.
3. This rule does not contain policies with Federalism implications
sufficient to warrant preparation of a Federalism assessment under
Executive Order 12612.
4. 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 sections 603(a) and 604(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.
5. 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. 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
15 CFR Part 770
Administrative practice and procedure, Exports.
15 CFR Parts 771 and 775
Exports, Reporting and recordkeeping requirements.
Accordingly, Parts 770, 771, and 775 of the Export Administration
Regulations are amended as follows:
1. The authority citation for 15 CFR parts 770, 771, and 775
continues 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); E.O. 12735 of November
16, 1990 (55 FR 48587, November 20, 1990), as continued by Notice of
November 12, 1993 (58 FR 60361, November 15, 1993); E.O. 12867 of
September 30, 1993 (58 FR 51747, October 4, 1993); and E.O. 12868 of
September 30, 1993 (58 FR 51749, October 4, 1993).
PART 770--[AMENDED]
Sec. 770.14 [Amended]
2. Section 770.14 is amended by adding the word ``Argentina,''
immediately before ``Austria,'' in the introductory text of paragraph
(a) and in paragraph (a)(3)(ii).
PART 771--[AMENDED]
Sec. 771.14 [Amended]
3. In Sec. 771.14, paragraph (b) is amended by adding the word
``Argentina,'' immediately before the word ``Austria,''.
PART 775--[AMENDED]
4. In Sec. 775.1, paragraph (a) is amended by revising the fifth
sentence to read as follows:
Sec. 775.1 Introduction.
(a) * * * Supporting documents are not required for Country Group
T, unless specifically required by this part or if the Office of Export
Licensing specifically requests a supporting document.
* * * * *
5. The table in Sec. 775.1 is amended by adding ``Argentina,''
immediately before ``Australia,'' in the column titled ``and the
country of destination is:''.
6. The list of countries in Sec. 775.3(b) is amended by adding
``Argentina'' immediately before ``Australia''.
7. Supplement No. 1 to part 775 is amended by adding a new entry
for ``Argentina'' in alphabetical order to read as follows:
Supplement No. 1.--Authorities Administering Import Certificate/Delivery Verification System in Foreign
Countries\1\
[See footnotes at end of table]
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System
Country IC/DV authorities administered\2\
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Argentina............................ Secretaria Ejecutiva de la Comision Nacional de Control IC/DV
de Exportaciones, Sensitivas y Material Belico,
Balcarce 362--ler. piso--Capital Federal--CP 1064,
Buenos Aires, Tel. 334-0738, Fax 331-1618.
* * * * * * *
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\1\Facsimiles of Import Certificates and Delivery Verifications issued by each of these countries may be
inspected at the Bureau of Export Administration Western Regional Office, 3300 Irvine Avenue, Suite 345,
Newport Beach, California 92660-3198 or at any U.S. Department of Commerce District Office (see listing in
Commerce Office Addresses section of these regulations) or at the Office of Export Licensing, Room 1099D, U.S.
Department of Commerce, 14th Street and Pennsylvania Avenue, NW., Washington, DC 20230.
\2\IC--Import Certificate and/or DV--Delivery Verification.
Dated: June 9, 1994.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 94-14482 Filed 6-14-94; 8:45 am]
BILLING CODE 3510-DT-P