[Federal Register Volume 60, Number 228 (Tuesday, November 28, 1995)]
[Rules and Regulations]
[Pages 58512-58514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28887]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
15 CFR Parts 776 and 799
[Docket No. 951002244-5244-01]
RIN 0694-AB08
Foreign Policy Controls: Specially Designed Implements of Torture
AGENCY: Bureau of Export Administration, Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of Export Administration (BXA) is amending the
Export Administration Regulations (EAR) by expanding foreign policy
controls on specially designed implements of torture. Previously, such
implements were controlled under ECCN 0A82C of the Commerce Control
List, along with handcuffs, police helmets and shields, as crime
control and detection commodities. As such, they did not require a
validated license for export to member countries of the North Atlantic
Treaty Organization (NATO), Australia, Japan or New Zealand. This rule
creates a new CCL entry requiring a validated license for export of
specially designed implements of torture to all destinations, including
Canada. Applications for such exports will continue to be subject to a
general policy of denial.
EFFECTIVE DATE: This rule is effective November 28, 1995.
FOR FURTHER INFORMATION CONTACT: Joan Roberts, Office of Strategic
Trade and Foreign Policy Controls, Bureau of Export Administration,
Department of Commerce, Washington, DC 20230, Telephone: (202) 482-
0171.
SUPPLEMENTARY INFORMATION:
Background
This rule expands controls on specially designed implements of
torture, by moving them from Export Commerce Control Number (ECCN)
0A82C to a new ECCN, 0A83D, and requiring a validated license to all
destinations, including Canada. Such items will continue to be subject
to a general policy of denial to all destinations. This policy is
described in a new section, Sec. 776.19, and Sec. 776.14 has been
revised to eliminate references to implements of torture.
Please note that the CCL entries controlled for reasons of Crime
Control added in the revision of Sec. 776.14 do not constitute an
expansion of control. The additional entries merely extend the control
to product groups (i.e., software, technology) within previously
existing CCL categories. This completes a process begun in September
1991 by the issuance of the new Commerce Control List and its revised
numbering and categorization schemes.
Although the Export Administration Act of 1979 (EAA) expired on
August 20, 1994, the President invoked the International Emergency
Economic Powers Act and determined that, to the extent permitted by
law, the provisions
[[Page 58513]]
of the EAA, as amended, shall be carried out under Executive Order
12924 of August 19, 1994, and notice of August 15, 1995 (60 FR 42767),
so as to continue in full force and effect and amend, as necessary, the
export control system heretofore maintained by the Export
Administration Regulations issued under the EAA. Under a policy of
conforming actions under the Executive Order to those under the EAA,
insofar as appropriate, the Department of Commerce notified the
Congress of this expansion of foreign policy controls on November 20,
1995.
Rulemaking Requirements
1. This rule has been determined to be not significant for purposes
of E. O. 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
under Control Numbers 0694-0005, 0694-0007, and 0694-0010.
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 section 3(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. Further, no other law requires that a
notice of proposed rulemaking and an opportunity for public comment be
given for this rule.
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, Office of Exporter Services, Regulatory Policy Division, Bureau
of Export Administration, Department of Commerce, P.O. Box 273,
Washington, DC 20044.
List of Subjects in 15 CFR Parts 776 and 799
Exports, Reporting and recordkeeping requirements.
Accordingly, Parts 776 and 799 of the Export Administration
Regulations (15 CFR Parts 730-799) are amended as follows:
PART 776--[AMENDED]
1. The authority citation for 15 CFR Part 776 continues to read as
follows:
Authority: Pub. L. 264, 59 Stat. 619 (22 U.S.C. 287c), as
amended; Pub. L. 90-351, 82 Stat. 197 (18 U.S.C. 2510 et seq.), 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); Pub. L. 96-72, 93 Stat. 503 (50 U.S.C. App. 2401 et seq.),
as amended; Pub. L. 102-484, 106 Stat. 2575 (22 U.S.C. 6004); sec.
125, Pub. L. 99-64, 99 Stat. 156 (46 U.S.C. 466c); 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. 12867 of September 30, 1993 (58 FR
51747, October 4, 1993); E.O. 12868 of September 30, 1993 (58 FR
51749, October 4, 1993); E.O. 12918 of May 26, 1994 (59 FR 28205,
May 31, 1994); E.O. 12924 of August 19, 1994 (59 FR 43437, August
23, 1994); E.O. 12938 of November 14, 1994 (59 FR 59099 of November
16, 1994); and Notice of August 15, 1995 (60 FR 42767).
PART 799--[AMENDED]
2. The authority citation for 15 CFR Part 799 continues to read as
follows:
Authority: 50 U.S.C. App. 5, as amended; Pub. L. 264, 59 Stat.
619 (22 U.S.C. 287c), as amended; 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; Pub. L. 102-
484, 106 Stat. 2575 (22 U.S.C. 6004); 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. 12867 of September 30, 1993 (58 FR 51747, October 4, 1993);
E.O. 12918 of May 26, 1994 (59 FR 28205, May 31, 1994); E.O. 12924
of August 19, 1994 (59 FR 43437, August 23, 1994); E.O. 12938 of
November 14, 1994 (59 FR 59099 of November 16, 1994); and Notice of
August 15, 1995 (60 FR 42767).
3. Section 776.14 is amended by revising the section heading and by
revising paragraph (a) to read as follows:
Sec. 776.14 Crime control and detection items.
(a) Export license requirements. Pursuant to section 6(n) of the
Export Administration Act of 1979, an individual validated export
license is required for foreign policy purposes to export crime control
and detection instruments and equipment and related software and
technology, except that authorized under General License GTDA
(Sec. 779.3 of this subchapter) to any destination except Australia,
Belgium, Canada, Denmark, France, Germany, Greece, Iceland, Italy,
Japan, Luxembourg, the Netherlands, New Zealand, Norway, Portugal,
Spain, Turkey or the United Kingdom. Items affected by this requirement
are identified on the Commerce Control List under Export Control
Classification Numbers (ECCNs) 1A84, 3A80, 3A81, 3D80, 3E80, 4A03
(fingerprint computers only), 4A80, 4D01 (software for the
``development'', ``production'', or ``use'' of fingerprint computers
only), 4D80, 4E01 (technology for the ``development'', ``production'',
or ``use'' of fingerprint computers only), 4E80, 6A02 (police-model
infrared viewers only), 6E01 (technology for the ``development'' of
police-model infrared viewers only), 6E02 (technology for the
``production'' of police-model infrared viewers only), 9A80, 0A82, 0A84
and 0E84. Applications for items controlled under this paragraph (a)
will generally be considered favorably on a case-by-case basis unless
there is evidence that the government of the importing country may have
violated internationally recognized human rights and that the judicious
use of export controls would be helpful in deterring the development of
a consistent pattern of such violations or in distancing the United
States from such violations.
* * * * *
4. Section 776.19 is added to read as follows:
Sec. 776.19 Implements of torture.
Pursuant to section 6 of the Export Administration Act of 1979, an
individual validated export license is required to export specially
designed implements of torture controlled by 0A83 to all destinations,
including Canada. Applications for such licenses will generally be
denied to all destinations.
Supplement No. 1 to Sec. 799.1 [Amended]
5. In Supplement No. 1 to Sec. 799.1 (the Commerce Control List),
Category 10, Miscellaneous, ECCN 0A82C is revised to read as follows:
[[Page 58514]]
0A82C Saps; thumbcuffs, leg irons, shackles, and handcuffs; straight
jackets, plastic handcuffs, police helmets and shields; and parts and
accessories, n.e.s.
Requirements
Validated License Required: QSTVWYZ, except NATO, Australia, New
Zealand and Japan.
Unit: $ Value.
Reason for Control: FP (see Notes).
GLV: $0.
GCT: No.
GFW: No.
Notes: 1. FP controls for crime control (human rights) apply to
items controlled by 0A82 (see Sec. 776.14 of this subchapter).
2. These items are subject to the United Nations Security
Council arms embargo against Rwanda described in Sec. 785.4 (a) of
this subchapter.
6. In Supplement No. 1 to Sec. 799.1 (the Commerce Control List),
Category 10, Miscellaneous, a new ECCN 0A83D is added to read as
follows:
0A83D Thumbscrews and specially designed implements of torture; and
parts and accessories, n.e.s.
Requirements
Validated License Required: QSTVWYZ and Canada.
Unit: $ Value.
Reason for Control: FP (see Note).
GLV: $0.
GCT: No.
GFW: No.
Dated: November 21, 1995.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 95-28887 Filed 11-27-95; 8:45 am]
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