Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations 38021 

SUPPLEMENT NO. 1 TO PART 738—COMMERCE COUNTRY CHART

[Reason for control] 

Countries 

Chemical 

and 

biological 

weapons 

Nuclear 

nonproliferation 

National 

security 

Missile 

tech 

Regional 

stability 

Firearms 

convention 

Crime 

control 

Anti-terrorism 

CB 

1 

CB 

2 

CB 

3 

NP 1 NP 2 NS 1 NS 2 MT 1 RS 1 RS 2 FC 1 

CC 

1 

CC 

2 

CC 

3 AT 1 AT 2 

*******

India 7 ............................................................. X ...... ...... X .......... X ........ X X ........ ................ ...... ...... ...... ........ ........

* * * * * * * 

* * * * * 

7 Note that a license is still required for items controlled under ECCNs 6A003.b.4.b and 9A515.e for RS column 2 reasons when destined to India. 

* * * * * 

PART 740—LICENSE EXCEPTIONS 

■ 4. The authority citation for part 740 

continues to read as follows: 

Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 

1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 

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

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

Comp., p. 783; Notice of August 15, 2017, 82 

FR 39005 (August 16, 2017). 

■ 5. In Supplement No. 1 to part 740, in 

Country Group A, revise the entry for 

‘‘India’’ to read as follows: 

SUPPLEMENT NO. 1 TO PART 740—COUNTRY GROUPS

COUNTRY GROUP A 

Country 

[A:1] 

Wassenaar 

participating 

states 1

[A:2] 

Missile 

technology 

control 

regime 

[A:3] 

Australia 

group 

[A:4] 

Nuclear 

suppliers 

group 2

[A:5] [A:6] 

*******

India .............................................. X X X .......................... X ..........................

*******

1 Country Group A:1 is a list of the Wassenaar Arrangement Participating States, except for Malta, Russia and Ukraine. 

2 Country Group A:4 is a list of the Nuclear Suppliers Group countries, except for the People’s Republic of China (PRC). 

* * * * * 

PART 743—SPECIAL REPORTING AND 

NOTIFICATION 

■ 6. The authority citation for part 743 

continues to read as follows: 

Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 

1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 

2001 Comp., p. 783; E.O. 13637, 78 FR 16129, 

3 CFR, 2014 Comp., p. 223; 78 FR 16129; 

Notice of August 15, 2017, 82 FR 39005 

(August 16, 2017). 

Supplement No. 1 to Part 743 

[Amended] 

■ 7. Supplement No. 1 to part 743— 

Wassenaar Arrangement Participating 

States is amended by adding ‘‘India’’ in 

alphabetical order after ‘‘Hungary’’. 

PART 758—EXPORT CLEARANCE 

REQUIREMENTS 

■ 8. The authority citation for part 758 

continues to read as follows: 

Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 

1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 

2001 Comp., p. 783; Notice of August 15, 

2017, 82 FR 39005 (August 16, 2017). 

§ 758.1 [Amended] 

■ 9. Section 758.1 is amended by 

removing paragraph (b)(9). 

PART 772—DEFINITIONS OF TERMS 

■ 10. The authority citation for part 772 

continues to read as follows: 

Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 

1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 

2001 Comp., p. 783; Notice of August 15, 

2017, 82 FR 39005 (August 16, 2017). 

§ 772.1 [Amended] 

■ 11. Amend the definition of Australia 

Group in § 772.1 by adding ‘‘India’’, in 

alphabetical order, after ‘‘Iceland,’’. 

Dated: July 31, 2018. 

Richard E. Ashooh, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2018–16691 Filed 8–2–18; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 740 

[Docket No. 180228230–8230–01] 

RIN 0694–AH52 

Revision of Export and Reexport 

License Requirements for Republic of 

South Sudan Under the Export 

Administration Regulations 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: In this rule, the Bureau of 

Industry and Security (BIS) is amending 

the Export Administration Regulations 

(EAR) to conform to the Department of 

State’s (State) amendment of February 

14, 2018 to the International Traffic in 

Arms Regulations (ITAR) that placed 

restrictions on exports of defense 

articles (and defense services) to the 

Republic of South Sudan (South Sudan). 

The State action reflected a policy 

determination by the Secretary of State 


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38022 Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations 

that it was in the best interests of U.S. 

foreign policy to impose such 

restrictions. 

Consistent with the State action, in 

this amendment, BIS is updating the 

EAR to restrict the export and reexport 

of certain items on the Commerce 

Control List to South Sudan. Pursuant to 

established procedure, BIS adds South 

Sudan to the list of U.S. embargoed 

countries under the EAR, a list drawn 

from the list of arms embargoes in the 

ITAR and State Federal Register 

notices, and adopts a restrictive license 

application review policy consistent 

with State’s review policy set forth in 

the ITAR. 

DATES: This rule is effective August 3, 

2018. 

FOR FURTHER INFORMATION CONTACT: 

Steven Schrader, Foreign Policy 

Division, Bureau of Industry and 

Security, Phone: 202–482–4252, Email: 

Foreign.Policy@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

In a rule effective July 9, 2011, the 

date the United States granted formal 

recognition to South Sudan, BIS 

amended the EAR to add the new 

country to the Commerce Country Chart 

set forth in Supplement No. 1 to part 

740 and imposed controls on exports 

and reexports of items subject to the 

EAR to the destination. See 76 FR 41046 

(July 13, 2011). In that rule, BIS added 

South Sudan to Country Group B in 

Supplement No. 1 to Part 740 (Country 

Groups), a grouping that rendered the 

country eligible for certain License 

Exceptions not available to countries in 

Country Groups D or E. 

In this rule, BIS amends Supplement 

No.1 to Part 740 (Country Groups) of the 

EAR to place South Sudan in Country 

Group D:5—U.S. Embargoed 

Countries—to conform with a final rule 

published by State that revised ITAR 

§ 126.1 (Prohibited exports, imports, 

and sales to or from certain countries) 

by adding South Sudan in new 

paragraph (w). See 83 FR 6457 

(February 14, 2018). The ITAR 

amendment reflected a determination by 

the Secretary of State that it was in the 

best interests of U.S. foreign policy to 

impose such restrictions in order to 

reflect the U.S. government’s opposition 

to the trade of arms to South Sudan and 

its contribution to the conflict and 

humanitarian crisis in that country, 

promote the cessation of hostilities, and 

to reinforce a unified international 

response by aligning the United States 

with existing European Union 

restrictions on certain exports to South 

Sudan. As a consequence of the ITAR 

amendment, a policy of denial applies 

to applications for licenses or other 

approvals for the export of defense 

articles and defense services destined 

for South Sudan. A license or other 

approval may be issued on a case-bycase basis for six enumerated categories 

of defense articles and defense services, 

as set forth in ITAR § 126.1(w) (South 

Sudan). 

BIS primarily implements such 

controls through Country Group D:5. 

Countries listed in Country Group D:5 

are subject to additional restrictions in 

the EAR, including on de minimis U.S. 

content, license exception availability, 

and licensing policy for certain items. 

License applications for the export or 

reexport of items classified under 9x515 

or ‘‘600 series’’ Export Control 

Classification Numbers to countries in 

Country Group D:5 are reviewed 

consistent with the policies in § 126.1 of 

the ITAR, as provided in paragraph 

(b)(1)(ii) of § 742.4 (National security) 

and paragraph (b)(1) of § 742.6 (Regional 

stability) of the EAR. 

The list of ‘‘United States arms 

embargoed’’ countries is intended to 

mirror ITAR § 126.1’s list of countries 

subject to U.S. arms embargoes and 

track Federal Register notices published 

by State. BIS amends the list of Country 

Group D:5 countries as needed to 

conform to amendments to ITAR § 126.1 

that State publishes, including additions 

or deletions of countries subject to 

United States arms embargoes. See 

footnote one to Country Group D:5. In 

implementing United States embargoes 

in the EAR, BIS is adopting the policies 

for each country listed in section 126.1 

of the ITAR. See 78 FR 22660, 22675 

(April 16, 2013). 

Consistent with new § 126.1(w) 

(South Sudan) of the ITAR, the BIS 

licensing policy for the export and 

reexport of 9x515 and ‘‘600 series’’ 

items on the Commerce Control List, 

Supp. No. 1 to part 774, destined for 

South Sudan is a policy of denial that 

recognizes six categories of case-by-case 

approval. See ITAR § 126.1(w)(1)–(6), 

which describes these categories in 

detail. 

Specific Amendment Implementing 

Revisions To Export and Reexport 

License Requirements for South Sudan 

Under the EAR 

Part 740 of the EAR 

BIS amends Supplement No. 1 to Part 

740 of the EAR to place ‘‘South Sudan, 

The Republic of’’, in alphabetical order, 

in Country Group D:5. 

Export Administration Act of 1979 

Although the Export Administration 

Act of 1979 expired on August 20, 2001, 

the President, through Executive Order 

13222 of August 17, 2001, 3 CFR, 2001 

Comp., p. 783 (2002), as amended by 

Executive Order 13637 of March 8, 

2013, 78 FR 16129 (March 13, 2013) and 

as extended by the Notice of August 15, 

2017, 82 FR 39005 (August 16, 2017), 

has continued the Export 

Administration Regulations in effect 

under the International Emergency 

Economic Powers Act. BIS continues to 

carry out the provisions of the Export 

Administration Act of 1979, as 

appropriate and to the extent permitted 

by law, pursuant to Executive Order 

13222, as amended by Executive Order 

13637. 

Rulemaking Requirements 

1. Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has been designated to be not a 

significant regulatory action, for 

purposes of Executive Order 12866. 

This rule is not subject to the 

requirements of E.O. 13771 (82 FR 9339, 

February 3, 2017) because it is not 

significant under Executive Order 

12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person 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 

OMB control number. This rule involves 

collections of information approved 

under OMB control number 0694– 

0088—Simplified Network Application 

Processing+ System (SNAP+) and the 

Multipurpose Export License 

Application, which carries an annual 

estimated burden of 31,833 hours; and 

0694–0137—License Exceptions and 

Exclusions, which carries an annual 

estimated burden of 29,998. BIS believes 

that this rule will have no significant 

impact on those burdens. 

Send comments regarding this burden 

estimate or any other aspect of this 


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Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations 38023 

collection of information, including 

suggestions for reducing the burden, to 

Jasmeet K. Seehra, Office of 

Management and Budget, by email at 

jseehra@omb.eop.gov or by fax to (202) 

395–7285. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. The provisions of the 

Administrative Procedure Act (5 U.S.C. 

553) requiring notice of proposed 

rulemaking and 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)). This rule 

implements a necessary update of the 

status of South Sudan as a U.S. 

embargoed country, consistent with the 

prohibitions implemented in the ITAR 

by the Department of State. This rule 

also serves to prevent confusion by the 

public as to the current EAR export and 

reexport license requirements 

applicable to South Sudan. A delay in 

the effective date would frustrate the 

achievement of this goal. 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 under 

5 U.S.C. 553, or by any other law, the 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

not applicable. 

List of Subjects in 15 CFR Part 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

Accordingly, part 740 of the Export 

Administration Regulations (15 CFR 

parts 730–774) is amended as follows: 

PART 740—[AMENDED] 

■ 1. The authority citation for part 740 

continues to read as follows: 

Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 

1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 

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

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

Comp., p. 783; Notice of August 15, 2017, 82 

FR 39005 (August 16, 2017). 

■ 2. Amend Supplement No. 1 to Part 

740 by adding, in alphabetical order, an 

entry for ‘‘South Sudan, Republic of’’ 

under ‘‘Country Group D’’ to read as 

follows: 

SUPPLEMENT NO. 1 TO PART 740— 

COUNTRY GROUPS 

* * * * * 

* * * * * 

Dated: July 26, 2018. 

Richard E. Ashooh, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2018–16612 Filed 8–2–18; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9838] 

RIN 1545–BM49 

Extension of Time To File Certain 

Information Returns 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Final regulations and removal of 

temporary regulations. 

SUMMARY: This document contains final 

regulations providing rules regarding 

the automatic and non-automatic 

extension of time to file certain 

information returns. These changes are 

being implemented to accelerate the 

filing of the Form W–2 series (except 

Form W–2G) and forms that report 

nonemployee compensation (currently 

Form 1099–MISC with information in 

box 7) so they are available earlier in the 

filing season for use in the IRS’s identity 


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