51714 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 

Management and Budget under 44 

U.S.C. 3501, et seq. 

List of Subjects in 14 CFR Part 1274 

Grant programs—science and 

technology. 

Tom Luedtke, 

Assistant Administrator for Procurement. 

■ Accordingly, 14 CFR part 1274 is 

amended as follows: 

■ 1. The authority citation for 14 CFR 

part 1274 continues to read as follows: 

Authority: 31 U.S.C. 6301 to 6308; 42 

U.S.C. 2451 et seq. 

PART 1274—COOPERATIVE 

AGREEMENTS WITH COMMERCIAL 

FIRMS 

■ 2. Amend § 1274.904 by revising 

paragraph (a), redesignating paragraph 

(b) as (c), and adding new paragraph (b) 

to read as follows: 

§ 1274.904 Resource Sharing 

Requirements. 

Resource Sharing Requirements 

AUGUST 2006 

* * * * * 

(a) NASA and the Recipient will share in 

providing the resources necessary to perform 

the agreement. NASA funding and non-cash 

contributions (personnel, equipment, 

facilities, etc.) and the dollar value of the 

Recipient’s cash and/or non-cash 

contribution will be on a lpercent 

(NASA)—lpercent (Recipient) basis. Criteria 

and procedures for the allowability and 

allocability of cash and non-cash 

contributions shall be governed by FAR Parts 

30 and 31, and NFS Parts 1830 and 1831. 

(b) The funding and non-cash 

contributions by both parties are represented 

by the following dollar amounts: 

Government Share llllllllllll

Recipient Share lllllllllllll

Total Amount llllllllllllll

(c) The Recipient’s share shall not be 

charged to the Government under this 

Agreement or under any other contract, grant, 

or cooperative agreement, except to the 

extent that the Recipient’s contribution may 

be allowable IR&D costs pursuant to FAR 

31.205–18(e). 

[FR Doc. 06–7362 Filed 8–30–06; 8:45 am] 

BILLING CODE 7510–01–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 734, 738, 740, 742, 746, 

748, 750, 752, 764, 772 and 774 

[Docket No. 060816218–6218–01] 

RIN 0694–AD81 

Implementation in the Export 

Administration Regulations of the 

United States’ Rescission of Libya’s 

Designation as a State Sponsor of 

Terrorism and Revisions Applicable to 

Iraq 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: In this rule, the Bureau of 

Industry and Security (BIS) amends the 

Export Administration Regulations 

(EAR) to implement the June 30, 2006 

rescission of Libya’s designation as a 

state sponsor of terrorism. The 

rescission followed the President’s May 

15, 2006 submission of a report to 

Congress certifying that Libya had not 

provided any support for international 

terrorism during the preceding six 

months and that Libya had provided 

assurances that it would not support 

future acts of international terrorism. To 

implement the rescission, BIS amends 

the EAR by removing Libya from the list 

of terrorist supporting countries in 

Country Group E:1, and by making other 

conforming amendments and related 

revisions throughout the EAR. In 

particular, Libya is added to Country 

Group D:1 and remains in Country 

Groups D:2, D:3, and D:4. 

This rule also revises the EAR to 

reflect the fact that in October 2004 the 

United States rescinded Iraq’s 

designation as a state sponsor of 

terrorism. As a result of the rescission 

of this designation, BIS may no longer 

control for anti-terrorism (AT) reasons 

items covered by eight export control 

classification numbers (ECCNs) for 

which BIS previously required a license 

for export or reexport to Iraq, or for 

transfer within Iraq. Note that BIS now 

controls these items for regional 

stability (RS) reasons and continues to 

require a license for their export or 

reexport to Iraq, or transfer within Iraq. 

This rule also amends the EAR to delete 

all references to Iraq’s status as a 

Designated State Sponsor of Terrorism. 

DATES: This rule is effective August 31, 

2006. Comments must be received 

October 2, 2006. 

ADDRESSES: Written comments on this 

rule may be sent to the Federal 

eRulemaking Portal: http:// 

www.regulations.gov, or by e-mail to 

publiccomments@bis.doc.gov. Include 

RIN 0694–AD81 in the subject line of 

the message. Comments may be 

submitted by mail or hand delivery to 

Sheila Quarterman, Office of Exporter 

Services, Regulatory Policy Division, 

Bureau of Industry and Security, 

Department of Commerce, 14th & 

Pennsylvania Avenue, NW., Room 2705, 

Washington, DC 20230, ATTN: RIN 

0694–AD81; or by fax: 202–482–3355. 

Send comments regarding the 

collection of information to David 

Rostker, Office of Management and 

Budget (OMB), by e-mail to 

David_Rostker@omb.eop.gov, or by fax 

to 202–395–7285. 

FOR FURTHER INFORMATION CONTACT: Joan 

Roberts, Director, Foreign Policy 

Division, Office of Nonproliferation and 

Treaty Compliance, Bureau of Industry 

and Security, Department of Commerce, 

P.O. Box 273, Washington, DC 20044; 

Telephone: (202) 482-4252, or E-mail: 

jroberts@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Bureau of Industry and Security 

(BIS) is amending the Export 

Administration Regulations (EAR) to 

implement the June 30, 2006 rescission 

of Libya’s designation as a state sponsor 

of terrorism. This action is the latest in 

a series of steps taken by the U.S. 

Government to reflect the improvement 

in the bilateral relationship since 

Libya’s announcement in December 

2003 that it was renouncing terrorism 

and giving up its weapons of mass 

destruction programs. In recognition of 

these actions, on April 23, 2004, the 

President terminated the application of 

the Iran-Libya Sanctions Act with 

respect to Libya allowing the 

resumption of most commercial 

activities with Libya. Concurrent with 

the President’s action, the Department 

of the Treasury’s Office of Foreign 

Assets Control (OFAC) published a 

General License implementing the 

President’s action. On April 29, 2004, 

BIS published an amendment to the 

EAR that allowed for the licensing and 

authorization of the export or reexport 

of dual-use items to Libya. On March 

22, 2005, BIS published a second 

amendment to the EAR on Libya that 

established a review policy and 

licensing procedure for items illegally 

exported or reexported to Libya prior to 

the end of the comprehensive embargo 

(‘‘installed base’’ items). The installed 

based provisions, as set forth in section 

764.7, continue in effect. On November 

16, 2005, BIS published a third 


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Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 51715 

amendment to the EAR for Libya that 

allowed for the export of certain items 

controlled only for anti-terrorism (AT) 

reasons to be exported to U.S. Persons 

in Libya under a new license exception 

(License Exception USPL). 

On May 15, 2006, the President 

submitted a report to Congress certifying 

that Libya had not provided any support 

for international terrorism during the 

preceding six months and that Libya 

had provided assurances that it would 

not support future acts of international 

terrorism. In light of the report, on June 

30, 2006, the U.S. Government 

rescinded Libya’s designation as a state 

sponsor of terrorism. To implement the 

rescission, BIS amends the EAR by 

removing Libya from the list of terrorist 

supporting countries in Country Group 

E:1, and by making other conforming 

amendments and related revisions 

throughout the EAR. In particular, Libya 

is added to Country Group D:1 and 

remains in Country Groups D:2, D:3, 

and D:4. 

The specific amendments that 

implement this change in U.S. policy 

toward Libya and the revisions 

applicable to Iraq are described below. 

Libya Overview 

The new Libya export licensing policy 

significantly reduces the level of U.S. 

Government controls over commercial 

exports to Libya, which is consistent 

with Libya’s removal from the list of 

Designated State Sponsors of Terrorism. 

BIS, however, retains restrictions on the 

export of multilaterally-controlled items 

and other sensitive items to Libya. 

Revised License Requirements for 

Exports and Reexports to Libya 

Items for Which Export License 

Requirements are Generally Lifted 

Under this rule, items subject to the 

EAR but not listed on the Commerce 

Control List (15 CFR part 774) (CCL) 

(i.e., EAR99 items) will generally not be 

subject to license requirements for 

export or reexport to Libya except 

pursuant to the end-user and end-use 

controls set forth in part 744 of the EAR. 

In addition, items controlled only for 

anti-terrorism (AT) reasons on the CCL 

will no longer be subject to a licensing 

requirement for export or reexport to 

Libya, except for the end-use and enduser requirements noted above. 

Also, the de minimis rules applicable 

to Libya are amended to reflect Libya’s 

removal from Country Group E:1. 

Reexports of items to Libya from abroad 

are subject to the EAR only when U.S.- 

origin controlled content in such items 

exceeds 25% instead of the 10% that 

applies to Country Group E:1 countries. 

Items for Which Export License 

Requirements Will Be Retained 

This rule retains license requirements 

for the export or reexport to Libya of 

items on the multilateral export control 

regime lists (the Wassenaar 

Arrangement, the Nuclear Suppliers’

Group, the Australia Group and the 

Missile Technology Control Regime) 

and items controlled for Crime Control 

(CC) or Regional Stability (RS) reasons. 

These license requirements are set forth 

in part 742 of the EAR and are reflected 

in the relevant columns of the Country 

Chart in Supplement No. 1 to part 738 

of the EAR. Certain categories of items 

that are controlled for reasons not 

included on the Country Chart (e.g., 

encryption (EI), short supply (SS), and 

Chemical Weapons (CW)) also require a 

license for export or reexport to Libya. 

Revised Licensing Policy for Libya 

BIS will review license applications 

for exports or reexports to Libya on a 

case-by-case basis pursuant to 

applicable licensing policies set forth in 

parts 742, 744, or elsewhere in the EAR. 

Items Controlled for Chemical and 

Biological Weapons (CB) Reasons 

License applications for CB-controlled 

exports and reexports to Libya will be 

reviewed on a case-by-case basis 

consistent with the licensing policy set 

forth in part 742.2 of the EAR. 

Items Controlled for Nuclear 

Nonproliferation (NP) Reasons 

License applications for NPcontrolled exports and reexports to 

Libya will be reviewed on a case-by-case 

basis consistent with the licensing 

policy set forth in part 742.3 of the EAR. 

Applications for exports and reexports 

to civil-end users and end-uses will 

generally be approved. 

Items Controlled for National Security 

(NS) Reasons 

License applications for NScontrolled exports and reexports to 

Libya will be reviewed on a case-by-case 

basis consistent with the licensing 

policy set forth in part 742.4 of the EAR. 

Applications for exports and reexports 

to civil end-users and end-uses will 

generally be approved. 

Items Controlled for Missile Technology 

(MT) Reasons 

License applications for MTcontrolled exports and reexports to 

Libya will be reviewed on a case-by-case 

basis consistent with the licensing 

policy set forth in part 742.5 of the EAR. 

Items Controlled for Regional Stability 

(RS) Reasons 

License applications for RS-controlled 

exports and reexports to Libya will be 

reviewed on a case-by-case basis 

consistent with the licensing policy set 

forth in part 742.6 of the EAR. 

Items Controlled for Crime Control (CC) 

Reasons 

License applications for CC-controlled 

exports and reexports to Libya will be 

reviewed favorably on a case-by-case 

basis consistent with the licensing 

policy set forth in part 742.7 of the EAR. 

As a result of the rescission of Libya’s 

designation as a state sponsor of 

terrorism, Libya will also be an eligible 

destination for special comprehensive 

licenses as described in part 752 of the 

EAR. 

License Exceptions Available for Libya 

License Exceptions Available Generally 

to Group D Countries 

This rule removes Libya from Country 

Group E:1, found in Supplement 1 to 

part 740 of the EAR. It adds Libya to 

Country Group D:1. Libya remains in 

Country Groups D:2, D:3, and D:4. As a 

result of Libya’s inclusion in Country 

Groups D:1 through D:4, the following 

License Exceptions may be available, in 

whole or in part: CIV, APP, TMP, RPL, 

GOV, GFT, TSU, BAG, AVS, ENC and 

KMI. A specific transaction is eligible 

for a License Exception only if it 

satisfies all of the terms and conditions 

of the relevant License Exception and is 

not excluded by any of the restrictions 

that apply to all License Exceptions, as 

set forth in section 740.2 (Restrictions 

on all License Exceptions) and 

elsewhere in the EAR. 

Expanded License Exception 

Availability 

This rule adds Libya to Computer Tier 

3 for exports or reexports of high 

performance computers under License 

Exception Computers (APP) in section 

740.7 of the EAR. Additionally, foreign 

nationals from Libya are now eligible to 

receive without a license 

‘‘development’’ and ‘‘production’’

technology and source code for 

computers with an adjusted peak 

performance (APP) of less than or equal 

to 0.1 Weighted TeraFLOPS (WT) and 

‘‘use’’ technology and source code for 

computers with an APP of less than or 

equal to 0.75 WT under License 

Exception APP subject to the Foreign 

National Review requirements of section 

740.7(d)(4). 

This rule also removes License 

Exception USPL (section 740.19) from 

the EAR. This License Exception was 


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51716 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 

established to allow for the export or 

reexport of certain items controlled for 

AT reasons only to U.S. persons in 

Libya. With the lifting of AT controls on 

Libya, this License Exception has been 

rendered irrelevant. 

Overview of Iraq Revisions 

This rule also makes revisions to the 

EAR to reflect the October 2004 

rescission of Iraq’s designation as a state 

sponsor of terrorism. Under the terms of 

the revisions, items covered by eight 

export control classification numbers 

(ECCNs) which previously required a 

license for export or reexport to Iraq, or 

transfer within Iraq, for anti-terrorism 

(AT) reasons now require a license for 

export or reexport to Iraq, or transfer 

within Iraq, for regional stability (RS) 

reasons. This change affects the 

following ECCNs: 0B999 (Specific 

processing equipment such as hot cells 

and glove boxes suitable for use with 

radioactive materials), 0D999 (Specific 

software for neutronic calculations, 

radiation transport calculations and 

hydrodynamic calculations/modeling), 

1B999 (Specific processing equipment 

such as electrolytic cells for fluorine 

production and particle accelerators), 

1C992 (Commercial charges containing 

energetic materials, n.e.s.), 1C995 

(Certain mixtures and testing kits), 

1C997 (Ammonium Nitrate), 1C999 

(Specific Materials, n.e.s.) and 6A992 

(Optical Sensors, not controlled by 

6A002). BIS has retained a licensing 

requirement for these items for RS 

reasons to reflect the U.S. Government’s 

position that they could contribute to 

military capabilities within Iraq and in 

the region in a manner destabilizing to 

the region and contrary to the foreign 

policy interests of the United States. 

This rule also amends the EAR to delete 

all references to Iraq’s former status as 

a Designated State Sponsor of 

Terrorism. 

This action is taken after consultation 

with the Secretary of State. This rule 

imposes new export controls for foreign 

policy reasons. Consistent with section 

6 of the Export Administration Act of 

1979, as amended, 50 U.S.C. app. 

§ § 2401–2420 (2000) (the Act), a foreign 

policy report was submitted to Congress 

on August 17, 2006, notifying Congress 

of the imposition of new controls. 

Since August 21, 2001, the Act has 

been in lapse and the President, through 

Executive Order 13222 of August 17, 

2001 (3 CFR, 2001 Comp. 783 (2002)), 

as extended most recently by the Notice 

of August 3, 2006, (71 Fed. Reg. 44551 

(August 7, 2006)), has continued the 

EAR in effect under the International 

Emergency Economic Powers Act (50 

U.S.C. 1701—1706 (2000)) (IEEPA). BIS 

continues to carry out the provisions of 

the Act, as appropriate and to the extent 

permitted by law, pursuant to Executive 

Order 13222. 

Rulemaking Requirements 

1. This interim rule has been 

determined to be not significant for the 

purposes of Executive Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to nor be subject to a penalty 

for failure to comply with a collection 

of information, subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This regulation 

involves collections previously 

approved by the OMB under control 

numbers 0694–0088, ‘‘Multi-Purpose 

Application,’’ which carries a burden 

hour estimate of 58 minutes to prepare 

and submit form BIS–748. This rule is 

expected to result in a decrease in 

license applications. Send comments 

regarding this burden estimate or any 

other aspect of this collection of 

information, including suggestions for 

reducing the burden to David Rostker, 

Office of Management and Budget 

(OMB), and to the Regulatory Policy 

Division, Bureau of Industry and 

Security, Department of Commerce, as 

indicated in the ADDRESSES section of 

this rule. 

3. This rule does not contain policies 

with Federalism implications sufficient 

to warrant preparation of a Federalism 

assessment under Executive Order 

13132. 

4. 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 or foreign 

affairs function of the United States (see 

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 

not applicable. 

However, because of the importance 

of the issues raised by these regulations, 

this rule is being issued in interim form 

and BIS will consider comments in the 

development of the final regulations. 

Accordingly, the Department of 

Commerce (the Department) encourages 

interested persons who wish to 

comment to do so at the earliest possible 

time to permit the fullest consideration 

of their views. 

The period for submission of 

comments will close October 2, 2006. 

The Department will consider all 

comments received before the close of 

the comment period in developing final 

regulations. Comments received after 

the end of the comment period will be 

considered if possible, but their 

consideration cannot be assured. The 

Department will not accept public 

comments accompanied by a request 

that a part or all of the material be 

treated confidentially because of its 

business proprietary nature or for any 

other reason. The Department will 

return such comments and materials to 

the persons submitting the comments 

and will not consider them in the 

development of final regulations. All 

public comments on these regulations 

will be a matter of public record and 

will be available for public inspection 

and copying. In the interest of accuracy 

and completeness, the Department 

requires comments in written form. 

Oral comments must be followed by 

written memoranda, which will also be 

a matter of public record and will be 

available for public review and copying. 

Communications from agencies of the 

United States Government or foreign 

governments will not be available for 

public inspection. 

The Office of Administration, Bureau 

of Industry and Security, U.S. 

Department of Commerce, displays 

these public comments on BIS’s 

Freedom of Information Act (FOIA) Web 

site at http://www.bis.doc.gov/foia. This 

office does not maintain a separate 

public inspection facility. If you have 

technical difficulties accessing this Web 

site, please call BIS’s Office of 

Administration at (202) 482–0637 for 

assistance. 

List of Subjects 

15 CFR Part 734, 740, 748, 750 and 752 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Parts 738 and 772 

Exports. 

15 CFR Part 746 

Exports, Reporting and recordkeeping 

requirements. 

15 CFR Parts 742 and 774 

Exports, Foreign trade. 


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Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 51717 

15 CFR Part 764 

Administrative practice and 

procedure, Exports, Law enforcement, 

Penalties. 

■ Accordingly, parts 734, 738, 740, 742, 

746, 748, 750, 752, 764, 772 and 774 of 

the Export Administration Regulations 

(15 CFR parts 730–799) are amended as 

follows: 

PART 734—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 734 is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 

3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 

FR 54079, 3 CFR, 1996 Comp. p. 219; 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 October 25, 2005, 70 

FR 62027 (October 27, 2005); Notice of 

August 3, 2006, 71 FR 44551 (August 7, 

2006). 

§ 734.4 [Amended] 

■ 2. Section 734.4 is amended by 

revising the phrase ‘‘Cuba, Iran, Libya, 

North Korea, Sudan, and Syria’’ in 

paragraph (a)(1) to read ‘‘Cuba, Iran, 

North Korea, Sudan, and Syria.’’

PART 738—[AMENDED] 

■ 3. 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); 18 U.S.C. 2510 et seq.; 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; 46 U.S.C. app. 

466c; 50 U.S.C. app. 5; Sec. 901–911, Pub. L. 

106–387; Sec. 221, Pub. L. 107–56; 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 3, 2006, 71 

FR 44551 (August 7, 2006). 

■ 4. Supplement No. 1 to part 738 is 

amended 

■ A. By removing the ‘‘X’’ in AT column 

1 in the entry for ‘‘Libya’; and 

■ B. By revising the footnote to the 

Country Chart to read as follows: 

* * * * * 

Supplement No. 1 to Part 738—Commerce 

Country Chart 

1This country is subject to sanctions 

implemented by the United Nations Security 

Council. See § 746.3 for license requirements 

for exports and reexports to Iraq or transfer 

within Iraq, as well as regional stability 

licensing requirements not included in the 

Country Chart. See § 746.8 for license 

requirements for exports and reexports to 

Rwanda. 

PART 740—[AMENDED] 

■ 5. 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.; Sec. 901–911, Pub. L. 

106–387; 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 

3, 2006, 71 FR 44551 (August 7, 2006). 

■ 6. Section 740.7 is amended 

■ A. By revising the phrase ‘‘Cuba, Iran, 

Libya, North Korea, Sudan, orSyria,’’ in 

paragraph (b)(2)(i) to read ‘‘Cuba, Iran, 

North Korea, Sudan, or Syria,’’; 

■ B. By removing the phrase ‘‘Libya,’’ in 

paragraph (b)(2)(ii); and 

■ C. By revising paragraph (d)(1) to read 

as follows: 

§ 740.7 Computers (APP). 

* * * * * 

(d) Computer Tier 3 destinations—(1) 

Eligible destinations. Eligible 

destinations under paragraph (d) of this 

section are Afghanistan, Albania, 

Algeria, Andorra, Angola, Armenia, 

Azerbaijan, Bahrain, Belarus, Bosnia & 

Herzegovina, Cambodia, China (People’s 

Republic of), Comoros, Croatia, Djibouti, 

Egypt, Georgia, India, Iraq, Israel, 

Jordan, Kazakhstan, Kuwait, Kyrgyzstan, 

Laos, Lebanon, Libya, Macau, 

Macedonia (The Former Yugoslav 

Republic of), Mauritania, Moldova, 

Mongolia, Morocco, Oman, Pakistan, 

Qatar, Russia, Serbia and Montenegro, 

Saudi Arabia, Tajikistan, Tunisia, 

Turkmenistan, Ukraine, United Arab 

Emirates, Uzbekistan, Vanuatu, 

Vietnam, and Yemen. 

* * * * * 

■ 7. Section 740.15 is amended by 

revising paragraph (d)(5) to read as 

follows: 

§ 740.15 Aircraft and vessels (AVS). 

* * * * * 

(d) * * * 

(5) No vessels may be exported or 

reexported under this License Exception 

to a country in Country Group E:1. 

§ 740.19 [Removed] 

■ 8. Section 740.19 is removed. 

■ 9. Supplement No. 1 to part 740 is 

amended: 

■ A. By revising the entry for Libya in 

the table to Country Group D; and 

■ B. By removing Libya from Country 

Group E. 

Supplement No. 1 to Part 740—Country 

Groups 

* * * * * 

COUNTRY GROUP D 

Country 

[D:1] National Security 

[D:2] Nuclear 

[D:3] Chemical and 

biological 

[D:4] Missile 

technology 

* * * * * * * 

Libya ................................................................................................................................. X X X X 

* * * * * * * 

* * * * * 

PART 742—[AMENDED] 

■ 10. 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; Sec. 

901–911, Pub. L. 106–387; Sec. 221, Pub. L. 

107–56; Sec 1503, Pub. L. 108–11,117 Stat. 

559; 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. 12938, 59 FR 

59099, 3 CFR, 1994 Comp., p. 950; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Presidential Determination 

2003–23 of May 7, 2003, 68 FR 26459, May 

16, 2003; Notice of October 25, 2005, 70 FR 

62027 (October 27, 2005); Notice of August 

3, 2006, 71 FR 44551 (August 7, 2006). 

■ 11. Section 742.1 is amended by 

revising paragraph (d) to read as 

follows: 

§ 742.1 Introduction. 

* * * * * 

(d) Anti-terrorism Controls on Cuba, 

Iran, North Korea, Sudan and 

Syria.Commerce maintains antiterrorism controls on Cuba, Iran, North 

Korea, Syria and Sudan under section 

6(a) of the Export Administration Act. 

Items controlled under section 6(a) to 

Iran, Syria, Sudan, and North Korea are 

described in §§ 742.8, 742.9, 742.10, and 


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51718 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 

742.19, respectively, and in Supplement 

No. 2 to part 742. Commerce also 

maintains controls under section 6(j) of 

the EAA to Cuba, Iran, North Korea, 

Sudan and Syria. Items controlled to 

these countries under EAA section 6(j) 

are also described in Supplement 2 to 

part 742. The Secretaries of Commerce 

and State are required to notify 

appropriate Committees of the Congress 

30 days before issuing a license for an 

item controlled under section 6(j) to 

Cuba, North Korea, Iran, Sudan or Syria. 

As noted in paragraph (c) of this section, 

if you are exporting or reexporting to 

Cuba or Iran you should review part 746 

of the EAR, Embargoes and Other 

Special Controls. 

* * * * * 

■ 12. Section 742.6 is amended by 

adding paragraphs (a)(3) and (b)(4) to 

read as follows: 

§ 742.6 Regional stability. 

(a) * * * 

(3) As indicated on the CCL, a license 

is required for the export or reexport to 

Iraq or transfer within Iraq of the 

following items controlled for RS 

reasons on the CCL: 0B999, 0D999, 

1B999, 1C992, 1C995, 1C997, 1C999 and 

6A992. The Commerce Country Chart is 

not designed to determine RS licensing 

requirements for these ECCNs. 

(b) * * * 

(4) See § 746.3(b) of the EAR for the 

applicable licensing policies for items 

controlled for RS reasons to Iraq. 

* * * * * 

§ 742.20 [Removed] 

■ 13–14. Section 742.20 is removed. 

■ 15. Supplement No. 1 to part 742 is 

amended by revising paragraphs (5), (7), 

(8) and (11) to read as follows: 

Supplement No. 1 to Part 742—

Nonproliferation of Chemical and Biological 

Weapons 

* * * * * 

(5) The contract sanctity date for exports to 

Iran or Syria of potassium hydrogen fluoride, 

ammonium hydrogen fluoride, sodium 

fluoride, sodium bifluoride, phosphorus 

pentasulfide, sodium cyanide, 

triethanolamine, diisopropylamine, sodium 

sulfide, and N,N-diethylethanolamine is 

December 12, 1989. 

* * * * * 

(7) The contract sanctity date for exports to 

all destinations (except Iran or Syria) of 2- 

chloroethanol and triethanolamine is January 

15, 1991. For exports of 2-chloroethanol to 

Iran or Syria, paragraph (1) of this 

Supplement applies. For exports of 

triethanolamine to Iran or Syria, paragraph 

(5) of this Supplement applies. 

* * * * * 

(8) The contract sanctity date for exports to 

all destinations (except Iran or Syria) of 

chemicals controlled by ECCN 1C350 is 

March 7, 1991, except for applications to 

export the following chemicals: 2- 

chloroethanol, dimethyl methylphosphonate, 

dimethyl phosphite (dimethyl hydrogen 

phosphite), phosphorus oxychloride, 

phosphorous trichloride, thiodiglycol, 

thionyl chloride triethanolamine, and 

trimethyl phosphite. (See also paragraphs (6) 

and (7) of this Supplement.) For exports to 

Iran or Syria, see paragraphs (1) through (6) 

of this Supplement. 

* * * * * 

(11) The contract sanctity date for 

reexports of chemicals controlled under 

ECCN 1C350 is March 7, 1991, except that 

the contract sanctity date for reexports of 

these chemicals to Iran or Syria is December 

12, 1989. 

* * * * * 

■ 16. Supplement No. 2 to part 742 is 

amended; 

■ A. By removing the Note to Paragraph 

(b)(1); 

■ B. By removing paragraphs (c)(1)(v), 

(4)(v), (5)(v), (6)(v), (7)(v), (8)(v), (10)(v), 

(11)(v), (12)(v), (13)(v), (14)(v), (15)(iii), 

(16)(v), (17)(v), (18)(v), (19)(v), (22)(v), 

(23)(v), (24)(v), (25)(vi), (26)(i)(D), 

(27)(v), (28)(v), (29)(v), (30)(v), (31)(v), 

(32)(v), (33)(v), (34)(v), (35)(v), (36)(v), 

(37)(v), (38)(v), (39)(i)(E), (39)(ii)(E), 

(40)(v), (41)(v), (42)(v), (43)(v), and 

(44)(v); 

■ C. By removing the phrase, ‘‘Libya,’’

in paragraph (c)(2); 

■ D. By removing the phrase, ‘‘Libya,’’

in paragraph (c)(3); and 

■ E. By revising paragraph (a), 

paragraph (b)(1), paragraph (b)(3) 

introductory text, and paragraph 

(b)(3)(ii) to read as set forth below; and 

■ F. By revising the first two sentences 

of paragraph (c) introductory text to 

read as set forth below. 

Supplement No. 2 to Part 742—AntiTerrorism Controls: Iran, North Korea, Syria 

and Sudan: Contract Sanctity Dates and 

Related Policies 

* * * * * 

(a) Terrorist-supporting countries. The 

Secretary of State has designated Cuba, Iran, 

North Korea, Sudan and Syria as countries 

whose governments have repeatedly 

provided support for acts of international 

terrorism under section 6(j) of the Export 

Administration Act (EAA). 

(b) * * * 

(1) On December 28, 1993, the Secretary of 

State determined that the export to Cuba, 

Iran, North Korea, Sudan, or Syria of items 

described in paragraphs (c)(1) through (c)(5) 

of this Supplement, if destined to military, 

police, intelligence or other sensitive endusers, are controlled under EAA section 6(j). 

Therefore, the 30-day advance Congressional 

notification requirement applies to the export 

or reexport of these items to sensitive endusers in any of these countries. 

* * * * * 

(3) Items controlled for anti-terrorism 

reasons under section 6(a) to Iran, North 

Korea, Sudan and Syria are: 

* * * * * 

(ii) The following items to all end-users: for 

Iran, items in paragraphs (c)(6) through 

(c)(44) of this Supplement; for North Korea, 

items in paragraph (c)(6) through (c)(45) of 

this Supplement; for Sudan, items in 

paragraphs (c)(6) through (c)(14) and (c)(16) 

through (c)(44) of this Supplement; and for 

Syria, items in paragraphs (c)(6) through 

(c)(8), (c)(10) through (c)(14), (c)(16) through 

(c)(19), and (c)(22) through (c)(44) of this 

Supplement. 

(c) The license requirements and licensing 

policies for items controlled for antiterrorism reasons to Iran, Syria, Sudan, and 

North Korea are generally described in 

§§ 742.8, 742.9, 742.10, and 742.19 of this 

part, respectively. This Supplement provides 

guidance on licensing policies for Iran, North 

Korea, Syria, and Sudan and related contract 

sanctity dates that may be available for 

transactions benefiting from pre-existing 

contracts involving Iran, Syria, and Sudan. 

* * * 

* * * * * 

PART 746—[AMENDED] 

■ 17. The authority citation for 15 CFR 

part 746 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. 287c; Sec 1503, 

Pub. L. 108–11,117 Stat. 559; 22 U.S.C. 6004; 

Sec. 901–911, Pub. L. 106–387; Sec. 221, Pub. 

L. 107–56; E.O. 12854, 58 FR 36587, 3 CFR 

1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 

3 CFR, 1994 Comp., p. 899; E.O. 13222, 3 

CFR, 2001 Comp., p. 783; Presidential 

Determination 2003–23 of May 7, 2003, 68 

FR 26459, May 16, 2003; Notice of August 3, 

2005, 71 FR 44551 (August 7, 2006). 

■ 18. Section 746.3 is amended by 

revising paragraph (a)(3) to read as 

follows: 

§ 746.3 Iraq. 

* * * * * 

(a) * * * 

(3) A license is required for the export 

or reexport to Iraq or transfer within Iraq 

of items on the Commerce Control List 

controlled for RS reasons under the 

following ECCNs: 0B999, 0D999, 1B999, 

1C992, 1C995, 1C997, 1C999 and 

6A992. 

* * * * * 

PART 748—[AMENDED] 

■ 19. 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 3, 2006, 71 FR 44551 (August 7, 

2006). 


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Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 51719 

Supplement No. 2 to Part 748 [Amended] 

■ 20. Supplement No. 2 to part 748 is 

amended by revising the phrase ‘‘Cuba, 

Iran, Libya, North Korea, Sudan, and 

Syria’’ in paragraph (c)(2) to read ‘‘Cuba, 

Iran, North Korea, Sudan, and Syria.’’

PART 750—[AMENDED] 

■ 21. The authority citation for 15 CFR 

part 750 is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; Sec. 1503, Pub.L. 108–

11, 117 Stat. 559; E.O. 13026, 61 FR 58767, 

3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 

FR 44025, 3 CFR, 2001 Comp., p. 783; 

Presidential Determination 2003–23 of May 

7, 2003, 68 FR 26459, May 16, 2003; Notice 

of August 3, 2006, 71 FR 44551 (August 7, 

2006). 

■ 22. Section 750.4 is amended by 

revising paragraph (b)(6)(i) to read as 

follows: 

§ 750.4 Procedures for processing license 

applications. 

* * * * * 

(b) * * * 

(6) * * * 

(i) Designated countries. The 

following countries have been 

designated by the Secretary of State as 

terrorist-supporting countries: Cuba, 

Iran, North Korea, Sudan, and Syria. 

* * * * * 

PART 752—[AMENDED] 

■ 23. The authority citation for 15 CFR 

part 752 is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13020, 61 FR 54079, 

3 CFR, 1996 Comp., p. 219; E.O. 13222, 66 

FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 

of August 3, 2006, 71 FR 44551 (August 7, 

2006). 

■ 24. Section 752.4 is amended by 

revising paragraph (a)(1) to read as 

follows: 

§ 752.4 Eligible countries. 

(a) * * * 

(1) Cuba, Iran, Iraq, North Korea, 

Sudan, and Syria. 

* * * * * 

PART 764—[AMENDED] 

■ 25. The authority citation for 15 CFR 

part 764 is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

3, 2006, 71 FR 44551 (August 7, 2006). 

§ 764.7 [Amended] 

■ 26. Section 764.7 is amended by 

removing the parenthetical phrase ‘‘(e.g. 

§ 742.20 of the EAR)’’ from paragraph 

(b)(4). 

PART 772—[AMENDED] 

■ 27. The authority citation for 15 CFR 

part 772 is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

3, 2006, 71 FR 44551 (August 7, 2006). 

■ 28. The definition of Countries 

supporting international terrorism in 

§ 772.1 and paragraph (a) introductory 

text of the definition for U.S. Person in 

§ 772.1 are revised to read as follows: 

§ 772.1 Definitions of terms as used in the 

Export Administration Regulations (EAR). 

* * * * * 

Countries supporting international 

terrorism. In accordance with § 6(j) of 

the Export Administration Act of 1979, 

as amended (EAA), the Secretary of 

State has determined that the following 

countries’ governments have repeatedly 

provided support for acts of 

international terrorism: Cuba, Iran, 

North Korea, Sudan, and Syria. 

* * * * * 

U.S. Person. (a) For purposes of 

§§ 744.6, 744.10, 744.11, 744.12, 744.13 

and 744.14 of the EAR, the term U.S. 

person includes: 

* * * * * 

PART 774—[AMENDED] 

■ 29. The authority citation for 15 CFR 

part 774 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); 18 U.S.C. 2510 et seq.; 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; 46 U.S.C. app. 

466c; 50 U.S.C. app. 5; Sec. 901–911, Pub. L. 

106–387; Sec. 221, Pub. L. 107–56; 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 3, 2006, 71 

FR 44551 (August 7, 2006). 

■ 30. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities, and 

Equipment (and Misc. Items), Export 

Control Classification Number (ECCN) 

0B999 is amended by revising the 

License Requirements section to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

Category 0—Nuclear Materials, Facilities, 

and Equipment (and Miscellaneous Items) 

* * * * * 

0B999 Specific processing equipment, as 

follows (see List of Items Controlled). 

License Requirements 

Reason for Control: AT, RS 

Control(s) Country Chart 

AT applies to entire entry. A license is 

required for items controlled by this entry to 

North Korea for anti-terrorism reasons. The 

Commerce Country Chart is not designed to 

determine AT license requirements for this 

entry. See § 742.19 of the EAR for additional 

information. RS applies to entire entry. A 

license is required for items controlled by 

this entry for export or reexport to Iraq or 

transfer within Iraq for regional stability 

reasons. The Commerce Country Chart is not 

designed to determine RS license 

requirements for this entry. See §§ 742.6 and 

746.3 of the EAR for additional information. 

* * * * * 

■ 31. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 0 

‘‘ Nuclear Materials, Facilities, and 

Equipment (and Misc. Items), Export 

Control Classification Number (ECCN) 

0D999 is amended by revising the 

License Requirements section to read as 

follows: 

Supplement No. 1 to Part 774–The 

Commerce Control List 

Category 0—Nuclear Materials, Facilities, 

and Equipment (and Miscellaneous Items) 

* * * * * 

0D999 Specific Software, as follows (see 

List of Items Controlled) 

License Requirements 

Reason for Control: AT, RS 

Control(s) Country Chart 

AT applies to entire entry. A license is 

required for items controlled by this entry to 

North Korea for anti-terrorism reasons. The 

Commerce Country Chart is not designed to 

determine AT license requirements for this 

entry. See § 742.19 of the EAR for additional 

information. RS applies to entire entry. A 

license is required for items controlled by 

this entry for export or reexport to Iraq or 

transfer within Iraq for regional stability 

reasons. The Commerce Country Chart is not 

designed to determine RS license 

requirements for this entry. See §§ 742.6 and 

746.3 of the EAR for additional information. 

* * * * * 

■ 32. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Materials, Chemicals, 

Microorganisms and Toxins, Export 

Control Classification Number (ECCN) 

1B999 is amended by revising the 

License Requirements section to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

Category 1—Materials, Chemicals, 

Microorganisms and Toxins 

* * * * * 


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51720 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 

1B999 Specific processing equipment, 

n.e.s., as follows (see List of Items 

Controlled) 

License Requirements 

Reason for Control: AT, RS 

Control(s) Country Chart 

AT applies to entire entry. A license is 

required for items controlled by this entry to 

North Korea for anti-terrorism reasons. The 

Commerce Country Chart is not designed to 

determine AT license requirements for this 

entry. See § 742.19 of the EAR for additional 

information. RS applies to entire entry. A 

license is required for items controlled by 

this entry for export or reexport to Iraq or 

transfer within Iraq for regional stability 

reasons. The Commerce Country Chart is not 

designed to determine RS license 

requirements for this entry. See §§ 742.6 and 

746.3 of the EAR for additional information. 

* * * * * 

■ 33. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Materials, Chemicals, 

Microorganisms and Toxins, Export 

Control Classification Number (ECCN) 

1C350 is amended by revising the 

License Requirements section to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

Category 1—Materials, Chemicals, 

Microorganisms and Toxins 

* * * * * 

1C350 Chemicals that may be used as 

precursors for toxic chemical agents. 

License Requirements 

Reason for Control: CB, CW, AT 

Control(s) Country chart 

CB applies to entire entry ... CB Column 2. 

CW applies to 1C350 .b, and .c. The 

Commerce Country Chart is not designed to 

determine licensing requirements for items 

controlled for CW reasons. A license is 

required, for CW reasons, to export or 

reexport Schedule 2 chemicals and mixtures 

identified in 1C350.b to States not Party to 

the CWC (destinations not listed in 

Supplement No. 2 to part 745 of the EAR). 

A license is required, for CW reasons, to 

export Schedule 3 chemicals and mixtures 

identified in 1C350.c to States not Party to 

the CWC, unless an End-Use Certificate 

issued by the government of the importing 

country has been obtained by the exporter 

prior to export. A license is required, for CW 

reasons, to reexport Schedule 3 chemicals 

and mixtures identified in 1C350.c from a 

State not Party to the CWC to any other State 

not Party to the CWC. (See § 742.18 of the 

EAR for license requirements and policies for 

toxic and precursor chemicals controlled for 

CW reasons. See § 745.2 of the EAR for EndUse Certificate requirements that apply to 

exports of Schedule 3 chemicals to countries 

not listed in Supplement No. 2 to part 745 

of the EAR.) 

AT applies to entire entry. The Commerce 

Country Chart is not designed to determine 

licensing requirements for items controlled 

for AT reasons in 1C350. A license is 

required, for AT reasons, to export or 

reexport items controlled by 1C350 to a 

country in Country Group E:1 of Supplement 

No. 1 to part 740 of the EAR. (See part 742 

of the EAR for additional information on the 

AT controls that apply to Iran, North Korea, 

Sudan, and Syria. See part 746 of the EAR 

for additional information on the 

comprehensive trade sanctions that apply to 

Cuba and Iran. See Supplement No. 1 to part 

736 of the EAR for export controls on Syria.) 

License Requirement Notes 

1. Sample Shipments: Subject to the 

following requirements and restrictions, a 

license is not required for sample shipments 

when the cumulative total of these shipments 

does not exceed a 55-gallon container or 200 

kg of a single chemical to any one consignee 

during a calendar year. A consignee that 

receives a sample shipment under this 

exclusion may not resell, transfer, or reexport 

the sample shipment, but may use the sample 

shipment for any other legal purpose 

unrelated to chemical weapons. 

a. Chemicals Not Eligible: 

A. [RESERVED] 

B. CWC Schedule 2 chemicals (States not 

Party to the CWC). No CWC Schedule 2 

chemical or mixture identified in 1C350.b is 

eligible for sample shipment to States not 

Party to the CWC (destinations not listed in 

Supplement No. 2 to part 745 of the EAR) 

without a license. 

b. Countries Not Eligible: Countries in 

Country Group E:1 of Supplement No. 1 to 

part 740 of the EAR are not eligible to receive 

sample shipments of any chemicals 

controlled by this ECCN without a license. 

c. Sample shipments that require an EndUse Certificate for CW reasons: No CWC 

Schedule 3 chemical or mixture identified in 

1C350.c is eligible for sample shipment to 

States not Party to the CWC (destinations not 

listed in Supplement No. 2 to part 745 of the 

EAR) without a license, unless an End-Use 

Certificate issued by the government of the 

importing country is obtained by the exporter 

prior to export (see § 745.2 of the EAR for 

End-Use Certificate requirements). 

d. Sample shipments that require a license 

for reasons set forth elsewhere in the EAR: 

Sample shipments, as described in this Note 

1, may require a license for reasons set forth 

elsewhere in the EAR. See, in particular, the 

end-use/end-user restrictions in part 744 of 

the EAR, and the restrictions that apply to 

embargoed countries in part 746 of the EAR. 

e. Quarterly report requirement. The 

exporter is required to submit a quarterly 

written report for shipments of samples made 

under this Note 1. The report must be on 

company letterhead stationery (titled ‘‘Report 

of Sample Shipments of Chemical 

Precursors’’ at the top of the first page) and 

identify the chemical(s), Chemical Abstract 

Service Registry (C.A.S.) number(s), 

quantity(ies), the ultimate consignee’s name 

and address, and the date exported. The 

report must be sent to the U.S. Department 

of Commerce, Bureau of Industry and 

Security, P.O. Box 273, Washington, DC 

20044, Attn: ‘‘Report of Sample Shipments of 

Chemical Precursors’’. 

2. Mixtures: 

a. Mixtures that contain precursor 

chemicals identified in ECCN 1C350, in 

concentrations that are below the levels 

indicated in 1C350.b through .d, are 

controlled by ECCN 1C395 or 1C995 and are 

subject to the licensing requirements 

specified in those ECCNs. 

b. A license is not required for mixtures 

controlled under this ECCN when the 

controlled chemical in the mixture is a 

normal ingredient in consumer goods 

packaged for retail sale for personal use. 

Such consumer goods are classified as 

EAR99. 

Note to Mixtures: Calculation of 

concentrations of AG-controlled chemicals: 

a. Exclusion. No chemical may be added to 

the mixture (solution) for the sole purpose of 

circumventing the Export Administration 

Regulations; 

b. Percent Weight Calculation. When 

calculating the percentage, by weight, of 

components in a chemical mixture, include 

all components of the mixture, including 

those that act as solvents. 

3. Compounds. Compounds created with 

any chemicals identified in this ECCN 1C350 

may be shipped NLR (No License Required), 

without obtaining an End-Use Certificate, 

unless those compounds are also identified 

in this entry or require a license for reasons 

set forth elsewhere in the EAR. 

4. Testing Kits: Certain medical, analytical, 

diagnostic, and food testing kits containing 

small quantities of chemicals identified in 

this ECCN 1C350, are excluded from the 

scope of this ECCN and are controlled under 

ECCN 1C395 or 1C995. (Note that 

replacement reagents for such kits are 

controlled by this ECCN 1C350 if the reagents 

contain one or more of the precursor 

chemicals identified in 1C350 in 

concentrations equal to or greater than the 

control levels for mixtures indicated in 

1C350.) 

Technical Notes: 1. For purposes of this 

entry, a ‘‘mixture’’ is defined as a solid, 

liquid or gaseous product made up of two or 

more components that do not react together 

under normal storage conditions. 

2. The scope of this control applicable to 

Hydrogen Fluoride (see 1C350.d.7 in the List 

of Items Controlled) includes its liquid, 

gaseous, and aqueous phases, and hydrates. 

* * * * * 

■ 34. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Materials, Chemicals, 

Microorganisms and Toxins, Export 

Control Classification Number (ECCN) 

1C355 is amended by revising the 

License Requirements section to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

Category 1—Materials, Chemicals, 

Microorganisms and Toxins 

* * * * * 


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Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 51721 

1C355 Chemical Weapons Convention 

(CWC) Schedule 2 and 3 chemicals and 

families of chemicals not controlled by 

ECCN 1C350 or by the Department of State 

under the ITAR. 

License Requirements 

Reason for Control: CW, AT 

Control(s). 

CW applies to entire entry. The Commerce 

Country Chart is not designed to determine 

licensing requirements for items controlled 

for CW reasons. A license is required to 

export or reexport CWC Schedule 2 

chemicals and mixtures identified in 1C355.a 

to States not Party to the CWC (destinations 

not listed in Supplement No. 2 to part 745 

of the EAR). A license is required to export 

CWC Schedule 3 chemicals and mixtures 

identified in 1C355.b to States not Party to 

the CWC, unless an End-Use Certificate 

issued by the government of the importing 

country is obtained by the exporter, prior to 

export. A license is required to reexport CWC 

Schedule 3 chemicals and mixtures 

identified in 1C355.b from a State not Party 

to the CWC to any other State not Party to 

the CWC. (See § 742.18 of the EAR for license 

requirements and policies for toxic and 

precursor chemicals controlled for CW 

reasons.) AT applies to entire entry. The 

Commerce Country Chart is not designed to 

determine licensing requirements for items 

controlled for AT reasons in 1C355. A license 

is required, for AT reasons, to export or 

reexport items controlled by 1C355 to a 

country in Country Group E:1 of Supplement 

No. 1 to part 740 of the EAR. (See part 742 

of the EAR for additional information on the 

AT controls that apply to Iran, North Korea, 

Sudan, and Syria. See part 746 of the EAR 

for additional information on the 

comprehensive trade sanctions that apply to 

Cuba and Iran. See Supplement No. 1 to part 

736 of the EAR for export controls on Syria.) 

License Requirements Notes 

1. Mixtures: 

a. Mixtures containing toxic and precursor 

chemicals identified in ECCN 1C355, in 

concentrations that are below the control 

levels indicated in 1C355.a and .b, are 

controlled by ECCN 1C995 and are subject to 

the license requirements specified in that 

ECCN. 

b. Mixtures containing chemicals 

identified in this entry are not controlled by 

ECCN 1C355 when the controlled chemical is 

a normal ingredient in consumer goods 

packaged for retail sale for personal use or 

packaged for individual use. Such consumer 

goods are classified as EAR99. 

Note to mixtures: Calculation of 

concentrations of CW-controlled chemicals: 

a. Exclusion. No chemical may be added to 

the mixture (solution) for the sole purpose of 

circumventing the Export Administration 

Regulations; 

b. Percent Weight Calculation. When 

calculating the percentage, by weight, of 

components in a chemical mixture, include 

all components of the mixture, including 

those that act as solvents. 

2. Compounds: Compounds created with 

any chemicals identified in this ECCN 1C355 

may be shipped NLR (No License Required), 

without obtaining an End-Use Certificate, 

unless those compounds are also identified 

in this entry or require a license for reasons 

set forth elsewhere in the EAR. 

Technical Notes: For purposes of this 

entry, a ‘‘mixture’’ is defined as a solid, 

liquid or gaseous product made up of two or 

more components that do not react together 

under normal storage conditions. 

* * * * * 

■ 35. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1— Materials, Chemicals, 

Microorganisms and Toxins, Export 

Control Classification Number (ECCN) 

1C395 is amended by revising the 

License Requirements section to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

Category 1—Materials, Chemicals, 

Microorganisms and Toxins 

* * * * * 

1C395 Mixtures and medical, analytical, 

diagnostic, and food testing kits not 

controlled by ECCN 1C350, as follows (See 

List of Items Controlled). 

License Requirements 

Reason for Control: CB, CW, AT 

Control(s). 

CB applies to entire entry. The Commerce 

Country Chart is not designed to determine 

licensing requirements for items controlled 

for CB reasons in 1C395. A license is 

required, for CB reasons, to export or 

reexport mixtures controlled by 1C395.a and 

test kits controlled by 1C395.b to States not 

Party to the CWC (destinations not listed in 

Supplement No. 2 to part 745 of the EAR). 

CW applies to entire entry. The Commerce 

Country Chart is not designed to determine 

licensing requirements for items controlled 

for CW reasons. A license is required for CW 

reasons, as follows, to States not Party to the 

CWC (destinations not listed in Supplement 

No. 2 to part 745 of the EAR): (1) Exports and 

reexports of mixtures controlled by 1C395.a, 

(2) exports and reexports of test kits 

controlled by 1C395.b that contain CWC 

Schedule 2 chemicals controlled by ECCN 

1C350, (3) exports of test kits controlled by 

1C395.b that contain CWC Schedule 3 

chemicals controlled by ECCN 1C350, except 

that a license is not required, for CW reasons, 

to export test kits containing CWC Schedule 

3 chemicals if an End-Use Certificate issued 

by the government of the importing country 

is obtained by the exporter prior to export, 

and (4) reexports from States not Party to the 

CWC of test kits controlled by 1C395.b that 

contain CWC Schedule 3 chemicals. (See 

§ 742.18 of the EAR for license requirements 

and policies for toxic and precursor 

chemicals controlled for CW reasons.) 

AT applies to entire entry. The Commerce 

Country Chart is not designed to determine 

licensing requirements for items controlled 

for AT reasons in 1C395. A license is 

required, for AT reasons, to export or 

reexport items controlled by 1C395 to a 

country in Country Group E:1 of Supplement 

No. 1 to part 740 of the EAR. (See part 742 

of the EAR for additional information on the 

AT controls that apply to Iran, North Korea, 

Sudan, and Syria. See part 746 of the EAR 

for additional information on the 

comprehensive trade sanctions that apply to 

Cuba and Iran. See Supplement No. 1 to part 

736 of the EAR for information on export 

controls that apply to Syria.) 

License Requirements Notes 

1. 1C395.b does not control mixtures that 

contain precursor chemicals identified in 

ECCN 1C350.b or .c in concentrations below 

the control levels for mixtures indicated in 

1C350.b or .c. 1C395.a and 1C995.a.1 and 

a.2.a control such mixtures, unless they are 

consumer goods, as described in License 

Requirements Note 2 of this ECCN. 

2. This ECCN does not control mixtures 

when the controlled chemicals are normal 

ingredients in consumer goods packaged for 

retail sale for personal use. Such consumer 

goods are classified as EAR99. 

* * * * * 

■ 36. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Materials, Chemicals, 

Microorganisms and Toxins, Export 

Control Classification Number (ECCN) 

1C992 is amended by revising the 

License Requirements section to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

Category 1—Materials, Chemicals, 

Microorganisms and Toxins 

* * * * * 

1C992 Commercial charges and devices 

containing energetic materials, n.e.s. and 

nitrogen trifluoride in a gaseous state. 

License Requirements 

Reason for Control: AT, RS 

Control(s) Country chart 

AT applies to entire entry .... AT Column 1. 

RS applies to entire entry. A license is 

required for items controlled by this entry for 

export or reexport to Iraq and transfer within 

Iraq for regional stability reasons. The 

Commerce Country Chart is not designed to 

determine RS license requirements for this 

entry. See §§ 742.6 and 746.3 of the EAR for 

additional information. 

* * * * * 

■ 37. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Materials, Chemicals, 

Microorganisms and Toxins, Export 

Control Classification Number (ECCN) 

1C995 is amended by revising the 

License Requirements section to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 


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Category 1—Materials, Chemicals, 

Microorganisms and Toxins 

* * * * * 

1C995 Mixtures not controlled by ECCN 

1C350, ECCN 1C355 or ECCN 1C395 that 

contain chemicals controlled by ECCN 

1C350 or ECCN 1C355 and medical, 

analytical, diagnostic, and food testing kits 

not controlled by ECCN 1C350 or ECCN 

1C395 that contain chemicals controlled by 

ECCN 1C350.d, as follows (see List of Items 

Controlled). 

License Requirements 

Reason for Control: AT, RS 

Control(s) Country chart 

AT applies to entire entry .... AT Column 1. 

RS applies to entire entry. A license is 

required for items controlled by this entry for 

export or reexport to Iraq or transfer within 

Iraq for regional stability reasons. The 

Commerce Country Chart is not designed to 

determine RS license requirements for this 

entry. See §§ 742.6 and 746.3 of the EAR for 

additional information. 

License Requirement Notes 

1. This ECCN does not control mixtures 

containing less than 0.5% of any single toxic 

or precursor chemical controlled by ECCN 

1C350.b, .c, or .d or ECCN 1C355 as 

unavoidable by-products or impurities. Such 

mixtures are classified as EAR99. 

2. 1C995.c does not control mixtures that 

contain precursor chemicals identified in 

1C350.d in concentrations below the levels 

for mixtures indicated in 1C350.d. 

1C995.a.2.b controls such mixtures, unless 

they are consumer goods as described in 

License Requirements Note 3 of this ECCN. 

3. This ECCN does not control mixtures 

when the controlled chemicals are normal 

ingredients in consumer goods packaged for 

retail sale for personal use. Such consumer 

goods are classified as EAR99. 

* * * * * 

■ 38. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1— Materials, Chemicals, 

Microorganisms and Toxins, Export 

Control Classification Number (ECCN) 

1C997 is amended by revising the 

License Requirements section to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

Category 1—Materials, Chemicals, 

Microorganisms and Toxins 

* * * * * 

1C997 Ammonium nitrate, including 

fertilizers and fertilizer blends containing 

more than 15% by weight ammonium 

nitrate, except liquid fertilizers (containing 

any amount of ammonium nitrate) or dry 

fertilizers containing less than 15% by 

weight ammonium nitrate. 

License Requirements 

Reason for Control: AT, RS 

Control(s) Country chart 

AT applies to entire entry .... AT Column 1. 

RS applies to entire entry. A license is 

required for items controlled by this entry for 

export or reexport to Iraq or transfer within 

Iraq for regional stability reasons. The 

Commerce Country Chart is not designed to 

determine RS license requirements for this 

entry. See §§ 742.6 and 746.3 of the EAR for 

additional information. 

* * * * * 

■ 39. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1— Materials, Chemicals, 

Microorganisms and Toxins, Export 

Control Classification Number (ECCN) 

1C999 is amended by revising the 

License Requirements section to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

Category 1—Materials, Chemicals, 

Microorganisms and Toxins 

* * * * * 

1C999 Specific materials, n.e.s., as follows 

(see List of Items Controlled). 

License Requirements 

Reason for Control: AT, RS 

AT applies to entire entry. A license is 

required for items controlled by this entry to 

North Korea for anti-terrorism reasons. The 

Commerce Country Chart is not designed to 

determine AT license requirements for this 

entry. See § 742.19 of the EAR for additional 

information. RS applies to entire entry. A 

license is required for items controlled by 

this entry for export or reexport to Iraq or 

transfer within Iraq for regional stability 

reasons. The Commerce Country Chart is not 

designed to determine RS license 

requirements for this entry. See §§ 742.6 and 

746.3 of the EAR for additional information. 

* * * * * 

■ 40. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

2—Materials Processing, Export Control 

Classification Number (ECCN) 2A994 is 

amended by revising the License 

Requirements section to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

Category 2—Materials Processing 

* * * * * 

2A994 Portable electric generators and 

specially designed parts. 

License Requirements 

Reason for Control: AT 

Control(s). 

AT applies to entire entry. A license is 

required for items controlled by this entry to 

Cuba, Iran and North Korea. The Commerce 

Country Chart is not designed to determine 

licensing requirements for this entry. See part 

746 of the EAR for additional information on 

Cuba and Iran. See § 742.19 of the EAR for 

additional information on North Korea. 

* * * * * 

■ 41. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

2—Materials Processing, Export Control 

Classification Number (ECCN) 2D994 is 

amended by revising the License 

Requirements section to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

Category 2—Materials Processing 

* * * * * 

2D994 ‘‘Software’’ specially designed for 

the ‘‘development’’ or ‘‘production’’ of 

portable electric generators controlled by 

2A994. 

License Requirements 

Reason for Control: AT 

Control(s). 

AT applies to entire entry. A license is 

required for items controlled by this entry to 

Cuba, Iran and North Korea for anti-terrorism 

reasons. The Commerce Country Chart is not 

designed to determine licensing requirements 

for this entry. See part 746 of the EAR for 

additional information on Cuba and Iran. See 

§ 742.19 of the EAR for additional 

information on North Korea. 

* * * * * 

■ 42. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

2—Materials Processing, Export Control 

Classification Number (ECCN) 2E994 is 

amended by revising the License 

Requirements section to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

Category 2—Materials Processing 

* * * * * 

2E994 ‘‘Technology’’ for the ‘‘use’’ of 

portable electric generators controlled by 

2A994. 

License Requirements 

Reason for Control: AT 

Control(s). 

AT applies to entire entry. A license is 

required for items controlled by this entry to 

Cuba, Iran and North Korea for anti-terrorism 

reasons. The Commerce Country Chart is not 

designed to determine licensing requirements 

for this entry. See part 746 of the EAR for 

additional information on Cuba and Iran. See 

§ 742.19 of the EAR for additional 

information on North Korea. 

* * * * * 

■ 43. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

3—Electronics, Export Control 

Classification Number (ECCN) 3A991 is 

amended by revising the License 

Requirements section to read as follows: 


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Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 51723 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

Category 3—Electronics 

* * * * * 

3A991 Electronic devices and components 

not controlled by 3A001. 

License Requirements 

Reason for Control: AT 

Control(s) Country chart 

AT applies to entire entry .... AT Column 1. 

License Requirements Notes 

1. Microprocessors with a ‘‘Composite 

Theoretical Performance’’ (‘‘CTP’’) below 550 

MTOPS listed in subparagraphs (a)(2) or 

(a)(3) of this entry may be shipped NLR (No 

License Required) when destined to North 

Korea, provided restrictions set forth in other 

sections of the EAR (e.g., end-use 

restrictions), do not apply. See ‘‘Information 

on How to Calculate ‘‘Composite Theoretical 

Performance’’ (‘‘CTP’’)’’ at the end of 

Category 3. 

2. See 744.17 of the EAR for additional 

license requirements for commodities 

classified as 3A991.a.1. 

* * * * * 

■ 44. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

3—Electronics, Export Control 

Classification Number (ECCN) 3A992 is 

amended by revising the License 

Requirements section to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

Category 3—Electronics 

* * * * * 

3A992 General purpose electronic 

equipment not controlled by 3A002. 

License Requirements 

Reason for Control: AT 

Control(s) Country chart 

AT applies to entire entry .... AT Column 1. 

* * * * * 

■ 45. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

3—Electronics, Export Control 

Classification Number (ECCN) 3B992 is 

amended by revising the License 

Requirements section to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

Category 3—Electronics 

* * * * * 

3B992 Equipment not controlled by 3B002 

for the inspection or testing of electronic 

components and materials, and specially 

designed components and accessories 

therefor. 

License Requirements 

Reason for Control: AT 

Control(s) Country chart 

AT applies to entire entry .... AT Column 1. 

* * * * * 

■ 46. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

4—Computers, Export Control 

Classification Number (ECCN) 4A994 is 

amended by revising the License 

Requirements section to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

Category 4—Computers 

* * * * * 

4A994 Computers, ‘‘electronic assemblies’’, 

and related equipment not controlled by 

4A001 or 4A003, and specially designed 

components therefore. 

License Requirements 

Reason for Control: AT 

Control(s) Country chart 

AT applies to entire entry .... AT Column 1. 

* * * * * 

■ 47. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

5—Telecommunications and 

‘‘Information Security’’—

Telecommunications, Export Control 

Classification Number (ECCN) 5A991 is 

amended by revising the License 

Requirements section to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

Category 5—Telecommunications and 

‘‘Information Security’’

* * * * * 

5A991 Telecommunication equipment, not 

controlled by 5A001. 

License Requirements 

Reason for Control: AT 

Control(s) Country chart 

AT applies to entire entry .... AT Column 1. 

* * * * * 

■ 48. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

5—Telecommunications and 

‘‘Information Security’’—Information 

Security, Export Control Classification 

Number (ECCN) 5A992 is amended by 

revising the License Requirements 

section to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

Category 5—Telecommunications and 

‘‘Information Security’’

* * * * * 

5A992 Equipment not controlled by 5A002. 

License Requirements 

Reason for Control: AT 

Control(s) Country chart 

AT applies to 5A992.a ......... AT Column 1. 

AT applies to 5A992.b ......... AT Column 2. 

* * * * * 

■ 49. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

5—Telecommunications and 

‘‘Information Security’’—Information 

Security, Export Control Classification 

Number (ECCN) 5D992 is amended by 

revising the License Requirements 

section to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

Category 5—Telecommunications and 

‘‘Information Security’’

* * * * * 

5D992 ‘‘Information Security’’ ‘‘software’’

not controlled by 5D002. 

License Requirements 

Reason for Control: AT 

Control(s) Country chart 

AT applies to 5D992.a.1 

and .b.1.

AT Column 1. 

AT applies to 5D992.a.2, 

b.2 and c.

AT Column 2. 

* * * * * 

■ 50. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

6— Sensors and Lasers, Export Control 

Classification Number (ECCN) 6A992 is 

amended by revising the License 

Requirements section to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

Category 6—Sensors and Lasers 

* * * * * 

6A992 Optical Sensors, not controlled by 

6A002 

License Requirements 

Reason for Control: AT, RS 

Control(s) Country chart 

AT applies to entire entry .... AT Column 1. 


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51724 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 

RS applies to entire entry. A license is 

required for items controlled by this entry for 

export or reexport to Iraq or transfer within 

Iraq for regional stability reasons. The 

Commerce Country Chart is not designed to 

determine RS license requirements for this 

entry. See §§ 742.6 and 746.3 of the EAR for 

additional information. 

* * * * * 

■ 51. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Propulsion Systems, Space Vehicles 

and Related Equipment, Export Control 

Classification Number (ECCN) 9A990 is 

amended by revising the License 

Requirements section to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

Category 9—Propulsion Systems, Space 

Vehicles and Related Equipment 

* * * * * 

9A990 Diesel engines, n.e.s., and tractors 

and specially designed parts therefore, n.e.s. 

License Requirements 

Reason for Control: AT 

Control(s) Country chart 

AT applies to entire entry 

except 9A990.a.

AT Column 1. 

AT applies to 9A990.a only AT Column 2. 

* * * * * 

Dated: August 25, 2006. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 06–7255 Filed 8–30–06; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Part 12 

[CBP Dec. 06–22] 

RIN 1505–AB72 

Import Restrictions on Byzantine 

Ecclesiastical and Ritual Ethnological 

Material From Cyprus 

AGENCY: Customs and Border Protection, 

Department of Homeland Security; 

Treasury. 

ACTION: Final rule. 

SUMMARY: This document amends the 

Bureau of Customs and Border 

Protection (CBP) regulations by 

reflecting that the bilateral agreement 

between Cyprus and the U.S. to impose 

certain import restrictions on 

archaeological material from Cyprus has 

been amended to include import 

restrictions which had been previously 

imposed on an emergency basis for 

certain Byzantine period ecclesiastical 

and ritual ethnological material. 

DATES: Effective Date: These regulations 

are effective on September 4, 2006. 

FOR FURTHER INFORMATION CONTACT: For 

legal aspects, George F. McCray, Esq., 

Chief, Intellectual Property Rights and 

Restricted Merchandise Branch, (202) 

572–8710. For operational aspects, 

Michael Craig, Chief, Other Government 

Agencies Branch, (202) 344–1684. 

SUPPLEMENTARY INFORMATION: 

Background 

Since the passage of the Cultural 

Property Implementation Act (19 U.S.C. 

2601 et seq.), import restrictions have 

been imposed on archaeological and 

ethnological artifacts of a number of 

signatory nations. These restrictions 

have been imposed either as a result of 

requests for emergency protection 

received from those nations or pursuant 

to bilateral agreements between the U.S. 

and other countries. 

Pursuant to Article 9 of the 1970 

Convention on the Means of Prohibiting 

and Preventing the Illicit Import, Export 

and Transfer of Ownership of Cultural 

Property, and Sec. 303(a)(3) of the 

Convention on Cultural Property 

Implementation Act (19 U.S.C. 

2602(a)(3)), a State Party to the 1970 

UNESCO Convention, may request that 

the U.S. Government impose import 

restrictions on certain categories of 

archaeological and/or ethnological 

material the pillage of which, if alleged, 

jeopardizes the national cultural 

patrimony. 

Import Restrictions Imposed on an 

Emergency Basis 

On March 4, 1999, and in response to 

the determination that an emergency 

condition applies with respect to certain 

Byzantine ecclesiastical and ritual 

ethnological material from Cyprus, the 

U.S. Government made the 

determination that emergency import 

restrictions be imposed. Accordingly, on 

April 12, 1999, the former United States 

Customs Service published Treasury 

Decision (T.D.) 99–35 in the Federal 

Register (64 FR 17529), which amended 

19 CFR 12.104g(b) to indicate the 

imposition of these emergency import 

restrictions. In that Treasury Decision, a 

list designating the types of ethnological 

materials covered by these restrictions 

for a five-year period, is set forth. 

These emergency import restrictions 

were later extended by CBP Dec. 03–25 

for an additional three-year period. (See 

68 FR 51903, August 29, 2003). These 

emergency import restrictions are 

scheduled to expire on September 4, 

2006. 

Import Restrictions Imposed Pursuant 

to Bilateral Agreement 

Pursuant to the provisions of the 1970 

United Nations Educational, Scientific 

and Cultural Organization (UNESCO) 

Convention, codified into U.S. law as 

the Convention on Cultural Property 

Implementation Act (Pub. L. 97–446, 19 

U.S.C. 2601 et seq.), the United States 

entered into a bilateral agreement with 

Cyprus on July 16, 2002, concerning the 

imposition of import restrictions on 

archeological material originating in 

Cyprus and representing the preClassical and Classical periods. On July 

19, 2002, the former United States 

Customs Service published T.D. 02–37 

in the Federal Register (67 FR 47447), 

which amended 19 CFR 12.104g(a) to 

indicate the imposition of these 

restrictions and included a list 

designating the types of archaeological 

material covered by the restrictions. The 

articles that were subject to emergency 

restrictions in 1999 were not included 

in the original list designated pursuant 

to the bilateral agreement. 

Amended Bilateral Agreement 

Since the emergency import 

restrictions on the Byzantine materials 

is due to expire on September 4, 2006, 

the Republic of Cyprus requested, 

through diplomatic channels, that the 

Byzantine materials that have been 

protected by the emergency action 

continue to be protected in the future by 

amending the existing bilateral 

agreement. 

After reviewing the findings and 

recommendations of the Cultural 

Property Advisory Committee, the 

Assistant Secretary for Educational and 

Cultural Affairs, United States 

Department of State, concluded that the 

cultural heritage of Cyprus continues to 

be in jeopardy from the pillage of 

certain Byzantine ecclesiastical and 

ritual ethnological materials ranging in 

date from approximately the 4th century 

A.D. through approximately the 15th 

century A.D. from Cyprus. 

On August 11, 2006, the Republic of 

Cyprus and the U.S. Government 

amended the bilateral agreement of July 

16, 2002, pursuant to the provisions of 

19 U.S.C. 2602 and Article 4(b) of the 

agreement, by including the list of 

Byzantine ecclesiastical and ritual 

ethnological material that were 

protected pursuant to the emergency 


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