Quiero saber acerca de...

70016

Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Rules and Regulations
policy for Cambodia in paragraph b7i.

khammond on DSKJM1Z7X2PROD with RULES

Section 744.21
This rule adds Cambodia to the countries subject to the military end use and military end user MEU
restrictions in 744.21 of the EAR. In addition to the license requirements for items specified on the Commerce Control List CCL, 744.21 prohibits the export, reexport, or transfer incountry without a license of items subject to the EAR and are listed in supplement no. 2 to part 744List of Items Subject to the Military End Use or End User License Requirement of 744.21to Burma, China, the Russian Federation, or Venezuela. With the publication of this rule, Cambodia is now added to the countries subject to this license requirement. Such exports, reexports, or transfers in-country require a license if, at the time of the export, reexport, or transfer in-country, the exporter, reexporter, or transferor in-country has knowledge, as defined in 772.1 of the EAR that the item is intended, entirely or in part, for a military end use, or military end user, in Burma, Cambodia, China, the Russian Federation, or Venezuela.
Applications submitted for the export or reexport to Cambodia, or transfer within Cambodia, of an item in supplement no.
2 to part 744 under this section will be reviewed with a presumption of denial.
This rule also adds a reference to Cambodia in supplement no. 7 to part 744Military End User List but does not add any entities located in Cambodia to the list of Military End Users MEU List. The MEU List notifies the public that certain entities are subject to the military end-user prohibitions in 744.21 of the EAR. BIS
may add entities located in Cambodia to the MEU List in the future.
Section 744.22
This rule also adds Cambodia to the countries subject to the militaryintelligence end use and militaryintelligence end user MIEU
restrictions in 744.22 of the EAR. In addition to the license requirements for items specified on the CCL, 744.22
prohibits the export, reexport, or transfer in-country without a license of items subject to the EAR to Burma, China, the Russian Federation, Venezuela, or a country listed in Country Group E:1 or E:2. With the publication of this rule, Cambodia is now added to the countries subject to this license requirement. Such exports, reexports, or transfers in-country require a license if, at the time of the export, reexport, or transfer in-country,
VerDate Sep<11>2014

16:33 Dec 08, 2021

Jkt 256001

the exporter, reexporter, or transferor in-country has knowledge, as defined in 772.1 of the EAR that the item is intended, entirely or in part, for a military-intelligence end use, or military-intelligence end user, in Burma, Cambodia, China, the Russian Federation, Venezuela or the countries listed in Country Group E:1 or E:2.
Applications submitted for the export or reexport to Cambodia, or transfer within Cambodia, of an EAR item under this section will be reviewed with a presumption of denial.
With this amendment to 744.22 of the EAR, BIS is also revising 744.6b5 of the EAR to restrict specific activities of U.S. persons in connection with a military-intelligence end use or military-intelligence end user in Cambodia.
Country Group D:5
The amendments in this rule are made concurrent with other U.S.
Government actions intended to support the revision of export control policy toward Cambodia in light of the recent developments in Cambodia. In particular, the Department of State is amending the International Traffic in Arms Regulations ITAR 126.1, Prohibited Exports, Imports, and Sales to or from Certain Countries to add Cambodia in the list of countries for which it is the policy of the United States to deny licenses and other approvals for exports and imports of defense articles and defense services.
This change reflects the policy of the United States to deny licenses and other approvals for the export and import of defense articles and defense services destined for or originating in Cambodia, except as otherwise provided within the ITAR.
BIS harmonizes the arms embargorelated provisions in the EAR with the regulation of arms embargoes in 126.1
of the ITAR. The ITAR list incorporates countries subject to United Nations Security Council UNSC and U.S. arms embargoes. BIS primarily implements such controls through Country Group D:5 U.S. Arms Embargoed Countries, in supplement no. 1 to part 740 of the EAR.
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.
For example, license applications for the export or reexport of items classified under 9x515 or 600 series Export Control Classification Numbers ECCNs to countries in Country Group D:5 are reviewed consistent with the policies in 126.1 of the ITAR, as provided in
PO 00000

Frm 00040

Fmt 4700

Sfmt 4700

paragraph b1ii of 742.4 of the EAR.
Therefore, BIS revises Country Group D to add Cambodia to Country Group D:5 consistent with the Department of States amendment adding Cambodia to ITAR 126.1 on December 9, 2021.
Export Control Reform Act of 2018
On August 13, 2018, the President signed into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which included the Export Control Reform Act of 2018
ECRA 50 U.S.C. 48014852 that provides the legal basis for BISs principal authorities and serves as the authority under which BIS issues this rule.
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, distribute 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 final rule has been designated to be a significant regulatory action, although not economically significant, under section 3f of Executive Order 12866.
2. This rule does not contain policies with federalism implications as that term is defined under Executive Order 13132.
3. Pursuant to section 1762 of the Export Control Reform Act of 2018 50
U.S.C. 4821, this action is exempt from the Administrative Procedure Act 5
U.S.C. 553 requirements for notice of proposed rulemaking, opportunity for public participation, and delay in effective date.
4. 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. Accordingly, no regulatory flexibility analysis is required and none has been prepared.
5. Notwithstanding any other provision of law, no person may be required to respond to or 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
E:FRFM09DER1.SGM

09DER1