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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations
not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared.
List of Subjects 15 CFR Parts 740, 748, and 758
Administrative practice and procedure, Exports, Reporting and recordkeeping requirements.

4. Section 742.17 is amended by revising paragraph g to read as follows:

742.17 Exports of firearms to OAS
member countries.

15 CFR Part 742
Exports, Terrorism.

15 CFR Part 743
Administrative practice and procedure, Reporting and recordkeeping requirements.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
For the reasons stated in the preamble, parts 740, 742, 743, 748, 758, and 774 of the Export Administration Regulations 15 CFR parts 730774 are amended as follows:
PART 740LICENSE EXCEPTIONS
1. The authority citation for part 740
continues to read as follows:

Authority: 50 U.S.C. 48014852; 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.

2. Section 740.9 is amended by:
a. Adding introductory text to paragraph b; and b. Removing the last sentence of paragraph b1 introductory text.
The addition reads as follows:

b Exports of items temporarily in the United States. No provision of this paragraph b, other than paragraph b3, 4, or 5, may be used to export firearms controlled by ECCN 0A501.a, .b, or shotguns with a barrel length less than 18 inches controlled in ECCN
0A502.

PART 742CONTROL POLICYCCL
BASED CONTROLS
3. The authority citation for part 742
continues to read as follows:

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Authority: 50 U.S.C. 48014852; 50 U.S.C.
4601 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, Pub. L.
10811, 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

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PART 743SPECIAL REPORTING AND
NOTIFICATION
5. The authority citation for part 743
continues to read as follows:

Authority: 50 U.S.C. 48014852; 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.

6. Section 743.4 is amended by removing the penultimate sentence of paragraph a introductory text and revising paragraph h.
The revision reads as follows:

Conventional arms reporting.

16:12 Aug 18, 2021

g Validity period for licenses.
Although licenses generally will be valid for a period of four years, your ability to ship items that require an FC
Import Certificate or equivalent official document under this section may be affected by the validity of the FC Import Certificate or equivalent official document see 748.12d3 of the EAR.

743.4

740.9 Temporary imports, exports, reexports, and transfers in-country TMP.

VerDate Sep<11>2014

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 200323, 68 FR
26459, 3 CFR, 2004 Comp., p. 320; Notice of November 12, 2020, 85 FR 72897 November 13, 2020.

h Alternative submission method.
This paragraph h describes an alternative submission method for meeting the conventional arms reporting requirements of this section. The alternative submission method requires the exporter, when filing the required EEI submission in AES, pursuant to 758.1b9 of the EAR, to include the items paragraph classification i.e., .a, or .b for ECCN 0A501 as the first text to appear in the Commodity description block. If the exporter properly includes this information in the EEI filing in AES, the Department of Commerce will be able to obtain that export information directly from AES to meet the U.S.
Governments commitments to the Wassenaar Arrangement and United Nations for conventional arms reporting.
An exporter that complies with the requirements in 758.1g4ii of the EAR does not have to submit separate annual and semi-annual reports to the Department of Commerce pursuant to this section.

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PART 748APPLICATIONS
CLASSIFICATION, ADVISORY, AND
LICENSE AND DOCUMENTATION
7. The authority citation for part 748
is revised to read as follows:

Authority: 50 U.S.C. 48014852; 50 U.S.C.
4601 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 6, 2021, 86
FR 43901 August 10, 2021.

8. Section 748.12 is amended by:
a. Revising paragraphs b1 and d3;
b. Redesignating Note 2 to paragraph e3 as Note 4 to paragraph e3; and c. Adding Note 3 to paragraph e3.
The revisions and addition read as follows.

748.12 Firearms import certificate or import permit.

b
1 Applicants must request that the importer e.g., ultimate consignee or purchaser obtain the FC Import Certificate or an equivalent official document from the government of the importing country, and that it be issued covering the quantities and types of firearms and related items that the applicant intends to export. Upon receipt of the FC Import Certificate, its official equivalent, or a copy, the importer must provide the original or a certified copy of the FC Import Certificate or the original or a certified copy of the equivalent official document to the license applicant.

d
3 Validity period. FC Import Certificates or equivalent official documents issued by an OAS member country will be valid until the expiration date on the Certificate or for a period of four years, whichever is shorter.
Note 2 to paragraph d3: Applicants for license applications for exports and reexports to an OAS member country must submit the initial FC Import Certificate with the license application. All BIS licenses for ECCNs 0A501 and 0A505 commodities will include a standard rider that requires that the applicant/exporter must have a current FC
Import Certificate on file prior to export. Note that while FC Import Certificates are usually valid for 1 year, BIS licenses are valid for 4
years. The text of the standard rider will generally be as follows: A current, complete, accurate and valid Firearms Convention FC
Import Certificate or equivalent official document shall be obtained, if required by the government of the importing country, from the Ultimate Consignee and maintained in the exporters file prior to any export of the items listed on this license. A copy shall
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