Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations 2355 

Issued in Washington, DC on January 7, 

2009. 

Robert Sturgell, 

Acting Administrator. 

[FR Doc. E9–790 Filed 1–14–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 742, 744 and 746 

[Docket No. 0811241505–81513–01] 

RIN 0694–AE50 

License Requirements Policy for Iran 

and for Certain Weapons of Mass 

Destruction Proliferators 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Interim final rule. 

SUMMARY: This rule revises and clarifies 

the Export Administration Regulations 

(EAR) provisions that apply specifically 

to Iran in order to promote consistency, 

reduce redundancy and clarify the role 

of the Bureau of Industry and Security 

(BIS) in connection with the 

implementation of United States export 

control policy towards Iran. It 

establishes a new license requirement 

for reexports of items classified under 

ten Export Control Classification 

Numbers (ECCNs) that previously did 

not require a license for reexport to Iran 

under the EAR. This rule also imposes 

license requirements on parties who 

have been listed as proliferators of 

weapons of mass destruction or as 

supporters of such proliferators 

pursuant to Executive Order 13382. BIS 

is making these changes to provide 

greater clarity and consistency with 

respect to policies towards Iran and to 

harmonize BIS license requirements 

with Department of the Treasury license 

requirements regarding proliferators of 

weapons of mass destruction. 

DATES: This rule is effective January 15, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

William Arvin, Regulatory Policy 

Division, warvin@bis.doc.gov, 202 482 

2440 or Anthony Christino, Foreign 

Policy Division, tchristi@bis.doc.gov 202 

482 3241. 

SUPPLEMENTARY INFORMATION: 

Background 

The EAR imposes license 

requirements on certain exports and 

reexports to Iran. These license 

requirements apply in addition to any 

requirements for authorization to export 

or reexport to Iran that are imposed by 

the Department of the Treasury, Office 

of Foreign Assets Control (OFAC), 

which maintains a comprehensive 

embargo against Iran, as described in the 

Iranian Transactions Regulations (31 

CFR part 560). The EAR license 

requirements and licensing policy that 

apply specifically and expressly to Iran 

are in parts 742 and 746 of the EAR. 

This rule makes changes to those parts 

to promote consistency, reduce 

redundancy and to clarify the role of the 

Bureau of Industry and Security (BIS) in 

connection with the enforcement of 

United States export control policy 

towards Iran. It establishes a license 

requirement for reexports of items 

classified under ten Export Control 

Classification Numbers (ECCNs) that 

previously did not require a license for 

reexport to Iran under the EAR. This 

rule also adds a new § 744.8 to the EAR 

that imposes a license requirement on 

exports and reexports to parties listed 

by OFAC in Appendix A to 31 CFR 

Chapter V with the bracketed suffix 

[NPWMD]. 

Revisions to Part 742—Anti-Terrorism 

(AT) Controls 

Section 742.8 of the EAR describes 

the license requirements and licensing 

policy for items controlled for antiterrorism (AT) reasons to Iran. Prior to 

publication of this rule, reexports of 

items classified under ECCNs 2A994, 

3A992.a, 5A991.g, 5A992, 6A991, 

6A998, 7A994, 8A992.d, .e, .f, and .g, 

9A990.a and .b, 9A991.d and .e, were 

not subject to license requirements 

under the EAR when reexported to Iran. 

In addition, the items controlled under 

these ECCNs were not treated as 

‘‘controlled U.S. content’’ when 

incorporated into foreign made items 

being exported from abroad to Iran for 

purposes of determining whether the 

foreign made item had sufficient 

‘‘controlled U.S. content’’ to be subject 

to the EAR. This rule revises § 742.8 to 

make those items subject to reexport 

license requirements under the EAR and 

to treat them as ‘‘controlled U.S. 

content.’’ 

This rule also adds ECCNs 1C350, 

1C355 and 1C395 to the license 

requirements paragraph in § 742.8. 

These three ECCNs contain license 

requirements that state ‘‘anti-terrorism’’ 

as a reason for control and that apply to 

Iran either by name or as part of Country 

Group E:1. However, prior to 

publication of this rule, these three 

ECCNs were not referenced in 

§ 742.8(a). Adding these three ECCNs 

§ 742.8(a) make that section consistent 

with BIS’s policy of stating all antiterrorism license requirements that 

apply to Iran in that section. 

In addition, this rule moves all 

descriptions of transactions that are 

subject to the requirements of section 

6(j) of the Export Administration Act 

and those that are subject to the 

requirements of section 6(a) of that Act 

from Supplement No. 2 to part 742 into 

§ 742.8(a)(4). Section 6(j) applies when 

the Secretary of State determines that 

the export of an item could make a 

significant contribution to the military 

potential of a country that has 

repeatedly provided support for acts of 

international terrorism, or could 

enhance the ability of such country to 

support acts of international terrorism. 

BIS may not issue a license for 

transactions subject to section 6(j) 

without giving 30 days advance notice 

to certain committees of Congress. 

License applications for items 

controlled to designated terroristsupporting countries under Section 6(a) 

are also reviewed to determine whether 

section 6(j) applies. 

Finally, this rule removes all 

references to ‘‘contract sanctity’’ dates 

applicable to Iran from Supplement No. 

2 to part 742. The ‘‘contract sanctity’’ 

dates refer to the dates on which reports 

that are prerequisites to imposing, 

expanding or extending foreign policy 

controls pursuant to Section 6 of the 

Export Administration Act were 

delivered to Congress. Transactions to 

fulfill contracts entered into prior to 

those dates may be subject to the rules 

that were in effect prior to delivery of 

the report. Removing the dates from 

Supplement No. 2 to Part 742 has no 

effect on the rights of any person to 

assert that a transaction is subject to 

earlier rules. 

Revisions to Part 744—Control Policy: 

End-Use and End-User Based 

This rule adds a new § 744.8, which 

imposes a license requirement on 

certain parties whom the Department of 

the Treasury, Office of Foreign Assets 

Control (OFAC) has listed in Appendix 

A to 31 CFR Chapter V with the 

bracketed suffix [NPWMD]. OFAC also 

provides lists of these parties in a 

variety of data formats at http:// 

www.treas.gov/offices/enforcement/

ofac/sdn/index.shtml. OFAC lists such 

parties pursuant to its authority under 

Executive Order 13382 of June 28, 2005. 

Executive Order 13382 blocks the 

property and interests in property of 

certain parties determined to be 

weapons of mass destruction 

proliferators or their supporters. 

This rule complements OFAC’s 

regulatory authority under Executive 

Order 13382. For transactions requiring 

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2356 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations 

authorization from both OFAC and BIS 

(pursuant to Section 744.8 of the EAR), 

authorization from OFAC will serve to 

meet EAR license requirements. 

However, for exports and reexports 

involving listed parties in situations 

where OFAC authorization is not 

required and where the item being 

exported or reexported is subject to the 

Export Administration Regulations, a 

BIS license must be obtained. 

This rule also makes a technical and 

conforming change by referring to the 

new § 744.8 in § 744.1(a). 

Revisions to Part 746—Embargoes and 

Special Controls 

This rule removes from the 

introductory paragraph of § 746.7, the 

extensive discussion of the authority of 

the Department of the Treasury to 

implement comprehensive trade 

sanctions against Iran. That discussion 

has no legal effect for purposes of the 

EAR and could be a source of confusion. 

As noted in the discussion of the 

revisions to part 742 described above, 

prior to publication of this rule, 

reexports of items classified under 

ECCNs 2A994, 3A992.a, 5A991.g, 

5A992, 6A991, 6A998, 7A994, 8A992.d, 

.e, .f, and .g, 9A990.a and .b, 9A991.d 

and .e, were not subject to license 

requirements under the EAR when 

being reexported to Iran. This rule 

revises § 746.7 to make those items 

subject to reexport license requirements. 

This rule also adds ECCNs 0A982, 

0A985, 0E982, 1C355, 1C395, 2A994, 

2D994, 2E994 to the license 

requirements paragraph in § 746.7. 

These eight ECCNs contain license 

requirements that are not based on the 

Commerce Country Chart, but that apply 

to Iran either by name or as part of 

Country Group E:1. BIS’s policy is to 

state all of the Commerce Control List 

based license requirements that apply to 

Iran in § 746.7. However, prior to 

publication of this rule, these eight 

ECCNs were not referenced in the 

license requirements paragraph in 

§ 746.7. Adding these eight ECCNs to 

that license requirements paragraph 

makes § 746.7 consistent with BIS’s 

policy of stating all license requirements 

that apply to Iran in that section. 

In addition, this rule removes the 

definition of ‘‘U.S. person’’ from § 746.7 

because that term in not used with 

respect to any BIS license requirements 

in that section. 

This rule also adds a statement of 

licensing policy to § 746.7 indicating 

that applications for licenses for 

transactions for humanitarian reasons or 

for the safety of civil aviation and safe 

operation of U.S-origin aircraft will be 

considered on a case-by-case basis. 

Applications for other purposes 

generally will be denied. This addition 

aligns § 746.7 more closely with OFAC’s 

Iranian Transactions Regulations. 

Finally this rule revises for clarity and 

precision a prohibition against 

exporting or reexporting items that are 

subject to the EAR if the transaction is 

prohibited by the Iranian Transactions 

Regulations and not authorized by 

OFAC that, prior to publication of this 

rule appeared in the introductory 

paragraph of § 746.7. This rule also 

moves that statement to its own 

designated paragraph. BIS is making 

this change to place emphasis on that 

prohibition with a view towards 

enhancing its enforceability. 

Consistent with the provisions of 

section 6 of the Export Administration 

Act of 1979, as amended (EAA), a 

foreign policy report was submitted to 

Congress on January 9, 2009, notifying 

Congress of the imposition of foreign 

policy-based licensing requirements 

reflected in this rule. 

Although the EAA expired on August 

20, 2001, the President, through 

Executive Order 13222 of August 17, 

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

which has been extended by successive 

Presidential Notices, the most recent 

being that of July 23, 2008, 73 FR 43603 

(July 25, 2008), has continued the EAR 

in effect under the International 

Emergency Economic Powers Act. 

Rulemaking Requirements 

1. This final rule has been determined 

to be not significant for purposes of 

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, unless that collection of 

information displays a currently valid 

Office of Management and Budget 

Control Number. This rule involves a 

collection of information that has been 

approved by the OMB under control 

number 0694–0088, ‘‘Simplified 

Network Application Processing + 

System (SNAP+) and the Multipurpose 

Export License Application’’ which 

carries a burden hour estimate of 58 

minutes to prepare and submit form 

BIS–748. Miscellaneous and 

recordkeeping activities account for 12 

minutes per submission. BIS believes 

that this rule will make no change in the 

number of submissions under this 

collection or in the estimated burden. 

Send comments regarding these burden 

estimates or any other aspect of these 

collections of information, including 

suggestions for reducing the burden, to 

Jasmeet Seehra Office of Management 

and Budget, by e-mail at 

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

395–7285; and to the Regulatory Policy 

Division, Bureau of Industry and 

Security, Department of Commerce, 

Room 2705, 14th Street and 

Pennsylvania Ave., NW., Washington, 

DC 20230. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined in 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. 

List of Subjects 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

15 CFR Part 746 

Exports, Reporting and recordkeeping 

requirements. 

■ Accordingly, the Export 

Administration Regulations (15 CFR 

parts 730–774) are amended as follows. 

PART 742—[AMENDED] 

■ 1. The authority citation for part 742 

continues to read as follows: 

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

U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 

42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 

U.S.C. 7210; Sec 1503, Public Law 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 July 23, 

2008, 73 FR 43603 (July 25, 2008); Notice of 

November 10, 2008, 73 FR 67097 (November 

12, 2008). 

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Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations 2357 

■ 2. Revise § 742.8(a)(1), remove and 

reserve § 742.8(a)(2), and revise 

§ 742.8(a)(4) and § 742.8(c) to read as 

follows: 

§ 742.8 Anti-terrorism: Iran. 

(a) License Requirements. (1) A 

license is required for anti-terrorism 

purposes to export or reexport to Iran 

any item for which AT column 1 or AT 

column 2 is indicated in the Country 

Chart column of the applicable ECCN or 

any item described in ECCNs 1C350, 

1C355, 1C395, 2A994, 2D994 and 

2E994. See paragraph (a)(5) of this 

section for controls maintained by the 

Department of the Treasury. See § 746.7 

of the EAR for additional EAR license 

requirements that apply to Iran. 

(2) [Reserved] 

* * * * * 

(4) In support of U.S. foreign policy 

applicable to terrorism-supporting 

countries, the EAR imposes antiterrorism license requirements on 

exports and reexports to Iran pursuant 

to sections 6(j) and 6(a) of the Export 

Administration Act. 

(i) Section 6(j) anti-terrorism controls. 

Section 6(j) requirements apply to all 

exports and reexports destined to the 

police, military or other sensitive endusers of items listed on the Commerce 

Control List (Supp. No. 1 to part 774 of 

the EAR) for which any listed reason for 

control in the applicable ECCN is NS 

(national security), CB (chemical or 

biological weapons proliferation), MT 

(missile proliferation), NP (nuclear 

weapons proliferation) or an Export 

Control Classification Number ending in 

‘‘18’’ (military related items). BIS may 

not issue a license for a transaction 

subject to section 6(j) controls until 30 

days after the notification described in 

Section 6(j)(2) of the Export 

Administration Act is delivered to the 

committees of Congress specified in that 

section. License applications for all 

other items controlled under section 

6(a) are also reviewed to determine 

whether section 6(j) applies. 

(ii) Section 6(a) anti-terrorism 

controls. Section 6(a) requirements 

apply to all exports and reexports 

regardless of the end user of items 

described in paragraph (a)(1) of this 

section. * * * 

(c) Contract Sanctity. Section 6(f) of 

the Export Administration Act requires 

that a report be delivered to Congress 

before foreign policy based export 

controls are imposed, expanded or 

extended. Consistent with section 6(p) 

of the Export Administration Act, 

certain exports or reexports in 

fulfillment of contracts entered into 

before such delivery of the report 

applicable to a particular license 

requirement or licensing policy may be 

subject to the license requirements and 

licensing policy that were in force 

before the report was delivered. License 

applicants who wish to have their 

application considered under such preexisting requirements or policy must 

include evidence of the pre-existing 

contract with their license applications. 

* * * * * 

Supplement No. 2 to Part 742— 

[Amended] 

■ 3. Amend Supplement No. 2 to Part 

742 by: 

■ a. Removing ‘‘Iran,’’ from the heading; 

■ b. Removing ‘‘Iran,’’ from paragraph 

(a), paragraph (b)(1) and paragraph 

(b)(3), introductory text; 

■ c. Removing the phrase ‘‘for Iran, 

items in paragraphs (c)(6) through 

(c)(44) of this Supplement;’’ from 

paragraph (b)(3)(ii); 

■ d. Removing ‘‘Iran,’’ and ‘‘742.8,’’ 

from the first sentence of paragraph (c), 

introductory text; 

■ e. Removing ‘‘Iran’’ from each place 

that it appears in the second sentence of 

paragraph (c), introductory text; 

■ f. Removing the third, fourth and fifth 

sentences of paragraph (c) introductory 

text; 

■ g. Removing and reserving paragraph 

(c)(1)(i); 

■ h. Removing ‘‘Iran,’’ from the first 

sentence of paragraph (c)(2) and the 

phrase ‘‘Iran and’’ from the second 

sentence of paragraph (c)(2); 

■ i. Removing ‘‘Iran,’’ from the first 

sentence of paragraph (c)(3); 

■ j. Removing ‘‘Iran and’’ from the 

second sentence of paragraph (c)(3); 

■ k. Removing and reserving paragraphs 

(c)(4)(i), (c)(5)(i), (c)(6)(i), (c)(7)(i), 

(c)(8)(i), (c)(9)(i), (c)(10)(i), (c)(11)(i), 

(c)(12)(i) (c)(13)(i), (c)(14)(i), (c)(15)(i), 

(c)(16)(i), (c)(17)(i), (c)(18)(i), (c)(19)(i), 

(c)(20)(i), (c)(21)(i), (c)(22)(i), (c)(23)(i), 

(c)(24)(i), (c)(25)(ii), (c)(26)(i)(A); 

■ l. Removing ‘‘Iran,’’ from paragraph 

(c)(27); and 

■ m. Removing and reserving 

paragraphs (c)(27)(i), (c)(28)(i), (c)(29)(i), 

(c)(30)(i), (c)(31)(i), (c)(32)(i), (c)(33)(i), 

(c)(34)(i), (c)(35)(i), (c)(36)(i), (c)(37)(i), 

(c)(38)(i), (c)(39)(i)(A), (c)(39)(ii)(A), 

(c)(40)(i), (c)(41)(i), (c)(42)(i), (c)(43)(i) 

and (c)(44)(i). 

PART 744—[AMENDED] 

■ 4. The authority citation for part 744 

continues to read as follows: 

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

U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 

42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 

U.S.C. 7210; 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. 

12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 

356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 

Comp., p. 228; E.O. 13099, 63 FR 45167, 3 

CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 

44025, 3 CFR, 2001 Comp., p. 783; E.O. 

13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 

786; Notice of July 23, 2008, 73 FR 43603 

(July 25, 2008); Notice of November 10, 2008, 

73 FR 67097 (November 12, 2008). 

■ 5. In § 744.1 revise the fifth sentence 

of paragraph (a)(1) and add a new 

sentence between the current fifth and 

sixth sentences to read as follows: 

§ 744.1 General provisions. 

(a)(1) * * * Section 744.7 prohibits 

exports and reexports of certain items 

for certain aircraft and vessels. Section 

744.8 prohibits exports and reexports 

without authorization to certain parties 

who have been designated as 

proliferators of weapons of mass 

destruction or as supporters of such 

proliferators pursuant to Executive 

Order 13382. 

* * * * * 

■ 6. Add a § 744.8 to read as follows: 

§ 744.8 Restrictions on exports and 

reexports to persons designated pursuant 

to Executive Order 13382—Blocking 

Property of Weapons of Mass Destruction 

Proliferators and Their Supporters. 

BIS maintains restrictions on exports 

and reexports to persons designated in 

or pursuant to Executive Order 13382 of 

June 28, 2005 (Weapons of Mass 

Destruction Proliferators and their 

Supporters). Executive Order 13382 

blocks the property and interests in 

property of persons named in or 

designated pursuant to Executive Order 

13382 in the United States or that comes 

within the United States or within the 

possession or control of United States 

persons. The parties whose property or 

interests in property are blocked 

pursuant to Executive Order 13382 are 

identified by the Department of the 

Treasury, Office of Foreign Assets 

Control (OFAC) in Appendix A to 31 

CFR Chapter V with the bracketed suffix 

[NPWMD]. This section imposes export 

and reexport license requirements for 

items subject to the EAR on those same 

parties to further the objectives of 

Executive Order 13382. 

(a) License requirement(s) and 

authorization. 

(1) EAR license requirement. A 

license is required for the export or 

reexport of any item subject to the EAR 

to any party listed in Appendix A to 31 

CFR Chapter V with the bracketed suffix 

[NPWMD]. 

(2) BIS authorization. (i) To avoid 

duplication, U.S. persons are not 

required to seek separate authorization 

from BIS for an export or reexport to a 

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2358 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations 

party listed in Appendix A to 31 CFR 

Chapter V with the bracketed suffix 

[NPWMD] of an item subject to the EAR. 

If OFAC authorizes an export from the 

United States or an export or reexport 

by a U.S. person to a party listed in 

Appendix A to 31 CFR Chapter V with 

the bracketed suffix [NPWMD], such 

authorization constitutes authorization 

for purposes of the EAR as well. 

(ii) U.S. persons must seek 

authorization from BIS for the export or 

reexport to a party listed in Appendix 

A to 31 CFR Chapter V with the 

bracketed suffix [NPWMD] of any item 

subject to the EAR that is not subject to 

OFAC’s regulatory authority pursuant to 

Executive Order 13382. 

(iii) Non-U.S. persons must seek 

authorization from BIS for any export 

from abroad or reexport to a party listed 

in Appendix A to 31 CFR Chapter V 

with the bracketed suffix [NPWMD] of 

any item subject to the EAR. 

(iv) Any export or reexport to a party 

listed in Appendix A to 31 CFR Chapter 

V with the bracketed suffix [NPWMD] of 

any item subject to the EAR and not 

authorized by OFAC is a violation of the 

EAR. 

(v) Any export or reexport by a U.S. 

person to a party listed in Appendix A 

to 31 CFR Chapter V with the bracketed 

suffix [NPWMD] of any item subject to 

the EAR that is not subject to regulation 

by OFAC and not authorized by BIS is 

a violation of the EAR. Any export from 

abroad or reexport by a non-U.S. person 

to a party listed in Appendix A to 31 

CFR Chapter V with the bracketed suffix 

[NPWMD] of any item subject to the 

EAR and not authorized by BIS is a 

violation of the EAR. 

(3) Relation to other EAR license 

requirements. The license requirements 

in this section supplement any other 

requirements set forth elsewhere in the 

EAR. 

(b) License exceptions. No license 

exceptions are available for the EAR 

license requirements imposed in this 

section. 

(c) Licensing policy. Applications for 

EAR licenses required by this section 

generally will be denied. You should 

consult with OFAC concerning 

transactions subject to OFAC licensing 

requirements. 

(d) Contract sanctity. Contract 

sanctity provisions are not available for 

license applications reviewed under this 

section. 

PART 746—[AMENDED] 

■ 7. The authority citation for part 746 

continues 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, 

Public Law 108–11, 117 Stat. 559; 22 U.S.C. 

6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; 

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; Presidential Determination 2007–7 

of December 7, 2006, 72 FR 1899 (January 16, 

2007); Notice of July 23, 2008, 73 FR 43603 

(July 25, 2008). 

■ 8. Revise § 746.7 to read as follows: 

§ 746.7 Iran. 

The Treasury Department’s Office of 

Foreign Assets Control (OFAC) 

administers a comprehensive trade and 

investment embargo against Iran. This 

embargo includes prohibitions on 

exports and certain reexport 

transactions involving Iran, including 

transactions dealing with items subject 

to the EAR. These prohibitions are set 

forth in OFAC’s Iranian Transactions 

Regulations (31 CFR part 560). In 

addition, BIS maintains licensing 

requirements on exports and reexports 

to Iran under the EAR as described in 

paragraph (a)(1) of this section or 

elsewhere in the EAR (See, e.g., 

§ 742.8—Anti-terrorism: Iran). 

(a) License requirements. 

(1) EAR license requirements. A 

license is required under the EAR to 

export or reexport to Iran any item on 

the CCL containing a CB Column 1, CB 

Column 2, CB Column 3, NP Column 1, 

NP Column 2, NS Column 1, NS 

Column 2, MT Column 1, RS Column 1, 

RS Column 2, CC Column 1, CC Column 

2, CC Column 3, AT Column 1 or AT 

Column 2 in the Country Chart Column 

of the License Requirements section of 

an ECCN or classified under ECCNs 

0A980, 0A982, 0A983, 0A985, 0E982, 

1C355, 1C395, 1C980, 1C981, 1C982, 

1C983, 1C984, 2A994, 2D994, 2E994, 

5A980, 5D980, or 5E980. 

(2) BIS authorization. To avoid 

duplication, exporters or reexporters are 

not required to seek separate 

authorization from BIS for an export or 

reexport subject both to the EAR and to 

OFAC’s Iranian Transactions 

Regulations. Therefore, if OFAC 

authorizes an export or reexport, such 

authorization is considered 

authorization for purposes of the EAR as 

well. Transactions that are not subject to 

OFAC regulatory authority may require 

BIS authorization. 

(b) Licensing Policy. Applications for 

licenses for transactions for 

humanitarian reasons or for the safety of 

civil aviation and safe operation of U.Sorigin aircraft will be considered on a 

case-by-case basis. Licenses for other 

purposes generally will be denied. 

(c) License Exceptions. No license 

exceptions may be used for exports or 

reexports to Iran. 

(d) EAR Anti-terrorism controls. The 

Secretary of State has designated Iran as 

a country that has repeatedly provided 

support for acts of international 

terrorism. Anti-terrorism license 

requirements and licensing policy 

regarding Iran are set forth in § 742.8 of 

the EAR. 

(e) Prohibition on exporting or 

reexporting EAR items without required 

OFAC authorization. No person may 

export or reexport any item that is 

subject to the EAR if such transaction is 

prohibited by the Iranian Transactions 

Regulations (31 CFR part 560) and not 

authorized by OFAC. The prohibition of 

this paragraph (e) applies whether or 

not the EAR requires a license for the 

export or reexport. 

Dated: January 9, 2009. 

Christopher R. Wall, 

Assistant Secretary for Export 

Administration. 

[FR Doc. E9–726 Filed 1–14–09; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 56 

[Docket No. FDA–2004–N–0117] (formerly 

Docket No. 2004N–0242) 

RIN 0910–AB88 

Institutional Review Boards; 

Registration Requirements 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA, we) is issuing a 

final rule to require institutional review 

boards (IRBs) to register through a 

system maintained by the Department of 

Health and Human Services (HHS). The 

registration information includes 

contact information (such as addresses 

and telephone numbers), the number of 

active protocols involving FDAregulated products reviewed during the 

preceding 12 months, and a description 

of the types of FDA-regulated products 

involved in the protocols reviewed. The 

IRB registration requirements will make 

it easier for FDA to inspect IRBs and to 

convey information to IRBs. 

DATES: This rule is effective July 14, 

2009. This effective date is necessary to 

allow refinement of the electronic 

mstockstill on PROD1PC66 with RULES