[Federal Register: September 29, 1994]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
15 CFR Ch. VII
[Docket No. 940959-4259]
Request for Comments on Effects of Foreign Policy-Based Export
Controls
AGENCY: Bureau of Export Administration, Commerce.
ACTION: Request for comments on foreign policy-based export controls.
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SUMMARY: The Bureau of Export Administration (BXA) is reviewing the
foreign policy-based export controls in the Export Administration
Regulations to determine whether they should be modified, rescinded or
extended. To help make these determinations, BXA is seeking comments on
how existing foreign policy-based export controls have affected
exporters and the general public.
DATES: Comments must be received by October 31, 1994, to assure full
consideration in the formulation of export control policies as they
relate to foreign policy-based controls.
ADDRESSES: Written comments (three copies) should be sent to Patricia
Muldonian, Regulations Branch (Room 4054), Office of Technology and
Policy Analysis, Bureau of Export Administration, Department of
Commerce, P.O. Box 273, Washington, DC 20044.
FOR FURTHER INFORMATION CONTACT: John Bolsteins, Foreign Policy Branch,
Office of Technology and Policy Analysis, Bureau of Export
Administration, Telephone: (202) 482-4252. Copies of the current 1994
Annual Foreign Policy Report to the Congress can also be requested.
SUPPLEMENTARY INFORMATION: The current foreign policy controls
maintained by the Bureau of Export Administration (BXA) are set forth
in the Export Administration Regulations (EAR), Parts 776 (Special
Commodity Policies and Provisions), 778 (Proliferation Controls), and
785 (Special Country Policies and Provisions). These controls apply to:
supercomputers (Sec. 776.11); crime control and detection commodities
(Sec. 776.14); regional stability commodities and equipment
(Sec. 776.16); equipment and related technical data used in the design,
development, production, or use of missiles capable of delivering
nuclear weapons (Sec. 778.7); chemical precursors and biological
agents, associated equipment, technical data, and software related to
the production of chemical and biological agents (Sec. 778.8);
activities of U.S. persons in transactions related to missile
technology or chemical or biological weapons proliferation in named
countries (Sec. 778.9); embargoed countries (Sec. 785.1); countries
designated as supporters of acts of international terrorism
(Sec. 785.4(d)); and, Libya (Sec. 785.7). Attention is also given in
this context to the controls on nuclear-related commodities and
technical data (Sec. 778.2), although they are not foreign policy-based
controls in the exact sense.
Effective January 21, 1994, the Secretary of Commerce, on the
recommendation of the Secretary of State, extended for one year all
foreign policy controls then in effect.
To assure maximum public participation in the review process,
comments are solicited on the extension or revision of the existing
foreign policy controls for another year. Among the criteria the
Departments of Commerce and State consider in determining whether to
continue or revise U.S. foreign policy controls are the following:
1. The likelihood that such controls will achieve the intended
foreign policy purpose, in light of other factors, including the
availability from other countries of the goods or technology proposed
for such controls;
2. Whether the foreign policy purpose of such controls can be
achieved through negotiations or other alternative means;
3. The compatibility of the controls with the foreign policy
objectives of the United States and with overall United States policy
toward the country subject to the controls;
4. The reaction of other countries to the extension of such
controls by the United States is not likely to render the controls
ineffective in achieving the intended foreign policy purpose or be
counterproductive to United States foreign policy interests;
5. The effect of the controls on the export performance of the
United States, the competitive position of the United States in the
international economy, the international reputation of the United
States as a supplier of goods and technology, or the economic well-
being of individual United States companies and their employees and
communities does not exceed the benefit to United States foreign policy
objectives; and
6. The ability of the United States to enforce the controls
effectively.
BXA is particularly interested in the experience of individual
exporters in complying with the proliferation controls, with emphasis
on economic impact and specific instances of business lost to foreign
competitors. BXA is also interested in comments relating to the effects
of foreign policy controls on exports of replacement and other parts.
Parties submitting comments are asked to be as specific as
possible. All comments received before the close of the comment period
will be considered by BXA in reviewing the controls and developing the
report to Congress.
BXA will consider requests for confidential treatment. The
information for which confidential treatment is requested should be
submitted to BXA separate from any non-confidential information
submitted. The top of each page should be marked with the term
``Confidential Information.'' BXA will either accept the submission in
confidence, or if the submission fails to meet the standards for
confidential treatment, will return it. A non-confidential summary must
accompany such submissions of confidential information. The summary
will be made available for public inspection.
Information accepted by BXA as confidential will be protected from
public disclosure to the extent permitted by law. Communications
between agencies of the United States Government or with foreign
governments will not be made available for public inspection.
All other information relating to the notice will be a matter of
public record and will be available for public inspection and copying.
In the interest of accuracy and completeness, BXA requires written
comments. 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.
The public record concerning these comments will be maintained in
the Freedom of Information Records Inspection Facility, Room 4525, U.S.
Department of Commerce, 14th Street and Pennsylvania Avenue, NW,
Washington, D.C. 20230. Records in this facility, including written
public comments and memoranda summarizing the substance of oral
communications, may be inspected and copied in accordance with
regulations published in Part 4 of Title 15 of the Code of Federal
Regulations. Information about inspection and copying of records at
this facility may be obtained from Edward J. Linglebach, BXA Freedom of
Information Officer, at the above address or by calling (202) 482-5653.
Section 6 of the Export Administration Act of 1979, as amended
(EAA), requires a report to congress whenever foreign policy-based
export controls are extended. Although the EAA expired on August 20,
1994, the President, invoking the International Emergency Powers Act
(IEEPA), continued in effect the provisions of the Act and the Export
Administration Regulations, to the extent permitted by law, in
Executive Order 12924 of August 19, 1994. Under a policy of conforming
actions under the Executive Order to those under the EAA, the
Department of Commerce, insofar as appropriate, is following the
provisions of section 6 in reviewing foreign policy-based export
controls and requesting comments on such controls.
Dated: September 23, 1994.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 94-24083 Filed 9-28-94; 8:45 am]
BILLING CODE 3510-DT-P