United States Chemical Weapons Convention - CWC Regulations

Export Administration Regulations

[Federal Register: September 13, 1999 (Volume 64, Number 176)]
[Rules and Regulations]
[Page 49380-49382]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se99-12]

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 742 and 745

[Docket No. 990416098-9237-02]

RIN 0694-AB67

Chemical Weapons Conventions; Revisions to the Export Administration Regulations; States Parties; Licensing Policy Clarification

AGENCY: Bureau of Export Administration, Commerce.
ACTION: Interim rule.

SUMMARY: On May 18, 1999, the Bureau of Export Administration published an interim rule (64 FR 27138) implementing the export control and reporting provisions of the Chemical Weapons Convention. This rule adds Estonia, Holy See, Micronesia, Nigeria and Sudan to the list of States Parties to the Convention, and makes clarifications in the licensing policy for exports and reexports of Schedule 2 and Schedule 3 chemicals. Finally, this rule also adds the addresses of the authorized agencies in Taiwan responsible for issuing End-Use Certificates, and removes the previously listed office.

DATES: This rule is effective September 13, 1999.

FOR FURTHER INFORMATION CONTACT: Nancy Crowe or Sharron Cook, Regulatory Policy Division, Bureau of Export Administration, at (202) 482-2440.

SUPPLEMENTARY INFORMATION: On May 18, 1999, the Bureau of Export Administration published an interim rule (64 FR 27138) implementing the export control and certain reporting provisions of the Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction (Convention or CWC). This rule amends Supplement No. 2 to Part 745 of the Export Administration Regulations (EAR) to add Estonia, Holy See, Micronesia, Nigeria and Sudan to the list of States Parties to the Convention. This rule also clarifies that for CWC States Parties status only, Hong Kong is treated like the People's Republic of China. This does not change the export licensing policy for Hong Kong.

This rule also amends Sec. 742.18(b) of the EAR to clarify the licensing policy for exports and reexports of Schedule 2 and Schedule 3 chemicals to non-States Parties. Specifically, Sec. 742.18(b) is amended by removing the presumption of approval language with regard to exports and reexports of Schedule 2 and Schedule 3 chemicals to CWC States Parties as well as non-States Parties. This language is being removed because no license is required for exports and reexports of Schedule 2 and Schedule 3 chemicals to States Parties for the Chemical Weapons (``CW'') reason for control. Further, no license is required for exports of Schedule 2 chemicals to non-States Parties prior to April 29, 2000, for the CW reason for control unless the exporter is not able to obtain an End-Use Certificate prior to the export. Finally, no license is required for exports of Schedule 3 chemicals to non- States Parties for the CW reason for control unless the exporter is not able to obtain an End-Use Certificate prior to the export. Applications for exports of Schedule 2 and Schedule 3 chemicals to non-States Parties when no End-Use Certificate is obtained will generally be denied. Note that the revisions to Sec. 742.18(b) do not change current licensing policy.

Finally, this rule also amends Supplement No. 3 to Part 745 to add the addresses of the authorized agencies in Taiwan responsible for issuing End-Use Certificates and remove the Taiwan office previously listed. Three offices in Taiwan have the responsibility for issuing End-Use Certificates. Two of the three offices (Export Processing Zone Administration and the Science-Based Industrial Park Administration) are in special economic zones and are responsible for the activity in their respective zones only.

Although the Export Administration Act (EAA) expired on August 20, 1994, the President invoked the International Emergency Economic Powers Act and continued in effect the EAR, and, to the extent permitted by law, the provisions of the EAA in Executive Order 12924 of August 19, 1994, extended by Presidential notice of August 13, 1998 (63 FR 55121, August 17, 1998).

Rulemaking Requirements

This interim rule has been determined to be not significant for purposes of E.O. 12866.
Notwithstanding any other provision of law, no person is required to, nor shall any person be subject to a penalty for failure to comply with a collection of information, subject to the Paperwork Reduction Act (PRA), unless that collection of information displays a currently valid OMB Control Number. This rule involves collections of information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). These collections have been approved by the Office of Management and Budget under control numbers 0694-0088 and 0694-0117.
This rule does not contain policies with Federalism implications sufficient to warrant preparation of a Federalism assessment under Executive Order 12612.
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 military and foreign affairs function of the United States (Sec. 5 U.S.C. 553(a)(1)). Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this rule. Because a notice of proposed Rulemaking and an opportunity for public comment are not required to be given for this rule by 5 U.S.C. 553, or by any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable.

List of Subjects

15 CFR Parts 742

Exports, Foreign trade.

15 CFR Part 745

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

Accordingly, parts 742 and 745 of the Export Administration Regulations (15 CFR Parts 730-799) are amended as follows:

1. The authority citation for 15 CFR part 742 is revised to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 18 U.S.C. 2510 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; Notice of November 12, 1998, 63 FR 63589, 3 CFR, 1998 Comp., p. 305; Notice of August 10, 1999, 64 FR 44101 (August 13, 1999).

2. The authority citation for 15 CFR part 745 is revised 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 12, 1998, 63 FR 63589, 3 CFR, 1998 Comp., p. 305; Notice of August 10, 1999, 64 FR 44101 (August 13, 1999).

PART 742--AMENDED

3. Section 742.18 is amended by removing paragraph (b)(2)(i), redesignating paragraphs (b)(2)(ii) and (iii) as (b)(2)(i) and (ii), and revising newly redesignated paragraph (b)(2)(i)(A) to read as follows:

§ 742.18 Chemical Weapons Convention (CWC or Convention).
(b) * * *
(1) * * *
(2) Schedule 2 and Schedule 3 chemicals. (i)(A) ECCN 1C350. Applications to export Schedule 2 chemicals prior to April 29, 2000, and Schedule 3 chemicals controlled under ECCN 1C350 to CWC non-States parties will generally be denied.

PART 745--AMENDED

4. Section 745.2 is amended by revising the third and fourth sentences in paragraph (a)(1), to read as follows:

§ 745.2 End--Use Certificate reporting requirements under the Chemical Weapons Convention.
(a)(1) * * * Supplement No. 3 to this part includes foreign authorized agencies responsible for issuing End-Use Certificates pursuant to this section. Additional foreign authorized agencies responsible for issuing End-Use Certificates will be included in Supplement No. 3 to this part when known. * * *

5. Supplement No. 2 to part 745 is revised to read as follows:

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
List of States Parties as of September 13, 1999
- Albania
  Algeria
  Argentina
  Armenia
  Australia
  Austria
  Bahrain
  Bangladesh
  Belarus
  Belgium
  Benin
  Bolivia
  Bosnia-Herzegovina
  Botswana
  Brazil
  Brunei Darussalam
  Bulgaria
  Burkina Faso
  Burundi
  Cameroon
  Canada
  Chile
  China*
  Cook Islands
  Costa Rica
  Cote d'Ivoire (Ivory Coast)
  Croatia
  Cuba
  Cyprus
  Czech Republic
  Denmark
  Ecuador
  El Salvador
  Equatorial Guinea
  Estonia
  Ethiopia
  Fiji
  Finland
  France
  Gambia
  Georgia
  Germany
  Ghana
  Greece
  Guinea
  Guyana
  Holy See
  Hungary
  Iceland
  India
  Indonesia
  Iran
  Ireland
  Italy
  Japan
  Jordan
  Kenya
  Korea (Republic of)
  Kuwait
  Laos (P.D.R.)
  Latvia
  Lesotho
  Lithuania
  Luxembourg
  Macedonia
  Malawi
  MaldivesvMali
  Malta
  Mauritius
  Mauritania
  Mexico
  Micronesia
  Moldova (Republic of)
  Monaco
  Mongolia
  Morocco
  Namibia
  Nepal
  Netherlands
  New Zealand
  Niger
  Nigeria
  Norway
  Oman
  Pakistan
  Panama
  Papua New Guinea
  Paraguay
  Peru
  Philippines
  Poland
  Portugal
  Qatar
  Romania
  Russian Federation
  Saint Lucia
  Saudi Arabia
  Senegal
  Seychelles
  Singapore
  Slovak Republic
  Slovenia
  South Africa
  Spain
  Sri Lanka
  Sudan
  Suriname
  Swaziland
  Sweden
  Switzerland
  TajikistanvTanzania
  Togo
  Trinidad and Tobago
  Tunisia
  Turkey
  Turkmenistan
  Ukraine
  United Kingdom
  United States
  Uruguay
  Uzbekistan
  Venezuela
  Vietnam
  Zimbabwe
* For CWC purposes only, China includes Hong Kong.

6. Supplement No. 3 to part 745 is amended by revising the title to the supplement, and the entry for Taiwan, to read as follows:

Supplement No. 3 to Part 745--Foreign Authorized Agencies Responsible for Issuing End-Use Certificates Pursuant to Sec. 745.2
Taiwan¹
Board of Foreign Trade, Ministry of Economic Affairs,
1 Hukou St., Taipei,
Tel: (02) 2351-0271, Fax: (02) 2351-3603
Export Processing Zone Administration, Ministry of Economic Affairs,
600 Chiachang Rd., Nantze, Kaohsiung,
Tel: (07) 361-1212, Fax: (07) 361-4348
Science-Based Industrial Park Administration, National Science Council, Executive Yuan,
2 Hsin-an Rd., Hsinchu,
Tel: (03) 577-3311, Fax: (03) 577-6222
¹ Two of the three offices (Export Processing Zone Administration and the Science-Based Industrial Park Administration) are in special economic zones and are responsible for the activity in their respective zones.

Dated: September 1, 1999.

R. Roger Majak,
Assistant Secretary for Export Administration.

[FR Doc. 99-23309 Filed 9-10-99; 8:45 am]

Billing Code: 3510-33-P