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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations DEPARTMENT OF COMMERCE

Background
Bureau of Industry and Security
I. Brief History of Anti-Terrorism Controls on Sudan A. Overview
15 CFR Parts 734, 738, 740, 742, 748, 750, 772, 774
Docket No. 2012210350
RIN 0694AI33

Implementation in the Export Administration Regulations of the United States Rescission of Sudans Designation as a State Sponsor of Terrorism Bureau of Industry and Security, Commerce.
ACTION: Final rule.
AGENCY:

In this final rule, the Bureau of Industry and Security BIS amends the Export Administration Regulations EAR to implement the rescission of Sudans designation as a State Sponsor of Terrorism SSOT. The Secretary of State rescinded this designation effective December 14, 2020 in accordance with established statutory procedures, including the Presidents October 26, 2020 submission to Congress of a report justifying the rescission and certifying Sudan had not provided any support for acts of international terrorism during the preceding six month period and that Sudan had provided assurances that it would not support acts of international terrorism in the future. Accordingly, BIS
amends the EAR by removing AntiTerrorism AT controls on the country and by removing Sudan from Country Group E:1 Terrorist supporting countries. These actions render the country eligible for a general 25 percent de minimis level. As a consequence of these actions, as well as the addition of the country to Country Group B, Sudan is also potentially eligible for several new license exceptions under the EAR.
However, pursuant to this rule, two license exceptions will be unavailable for exports and reexports to Sudan. BIS
also makes conforming amendments in other applicable EAR provisions as part of this rule.
DATES: This rule is effective January 14, 2021.
FOR FURTHER INFORMATION CONTACT:
Foreign Policy Division, Office of Nonproliferation and Treaty Compliance, Bureau of Industry and Compliance, U.S. Department of Commerce, by email at Foreign.Policy@
bis.doc.gov, or by phone at 202482
4252.

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Sections 1753, 1754, and 1768 of the Export Control Reform Act of 2018
ECRA, 50 U.S.C. Sections 48014852, provide the legal authority for BISs AT
controls on SSOT destinations. On August 12, 1993, in accordance with Section 6j of the Export Administration Act of 1979, then codified at 50 U.S.C. App. 2405j, the Secretary of State designated Sudan as a SSOT, citing his determination that Sudan, then led by Omar al-Bashir, had repeatedly provided support for acts of international terrorism. See 58 FR 52523
Oct. 8, 1993. Consistent with this designation, BIS imposed AT controls on Sudan in accordance with the Export Administration Act of 1979, as amended, formerly codified at 50 U.S.C.
Sections 46014623, the legal authority at the time for BISs export control regime. 61 FR 12714 March 25, 1996.
Pursuant to 742.10 Anti-Terrorism of the EAR, a license was also required for the export or reexport to Sudan of nearly all items on the Commerce Control List CCL, Supp. No. 1 to part 774 of the EAR. License applications for such exports and reexports were reviewed under a general policy of denial. Consistent with Sudans designation as a SSOT, the country was also placed in Country Group E now Country Group E:1: terroristsupporting countries in Supplement No. 1 to part 740 of the EAR and made subject to a 10 percent de minimis threshold for controlled U.S.-origin content see 734.4 of the EAR. Most license exceptions were also unavailable for exports and reexports of CCL items destined for Sudan due to its status as an E:1 country.
B. Changes to Certain Licensing Policies and License Exceptions Notwithstanding the general policy of denial set forth in 742.10 of the EAR, prior to the publication of this rule, BIS
reviewed certain categories of CCL items proposed for export or reexport to Sudan under less stringent review policies. In particular, applications for the export and reexport of medical items to Sudan were subject to case-by-case review. Over time, consistent with U.S.
foreign policy initiatives, BIS instituted case-by case review or a general policy of approval for additional categories of items. For example, acting in coordination with the Department of the Treasurys Office of Foreign Assets Control OFAC, in order to promote the
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free flow of communications among the Sudanese people, in February 2015, BIS
amended 742.10 to establish a case-bycase review policy for telecommunication equipment and associated items for civil end use, including items useful for the development of civil telecommunications infrastructure. See 80 FR 8520 Feb. 18, 2015. Two years later, in January 2017, in response to positive developments in the U.S.Sudan bilateral relationship, BIS
amended 742.10, again in coordination with OFAC, to institute a general policy of approval for certain items, including parts, components, and equipment, that are controlled on the CCL solely for AT
reasons and are intended to ensure the safety of civil aviation or the safe operation of fixed-wing commercial passenger aircraft, as well as items controlled on the CCL solely for AT
reasons intended for use in the inspection and repair, among other activities, of railroads in Sudan. See 82
FR 4781 Jan. 17, 2017.
BIS also made changes to license exception eligibility in connection with foreign policy considerations and developments. In February 2005, BIS
amended License Exception Temporary imports, exports, reexports, and transfers in-country TMP to permit temporary exports to Sudan of certain computers, communication devices, and global positioning devices as tools of trade by employees and staff of certain organizations engaged in humanitarian work in Sudan. See 70 FR 8257 Feb. 18, 2005 and 70 FR 9703 Feb. 28, 2005.
In February 2008, BIS amended TMP
again in connection with exports and reexports destined for Sudan, including by expanding the number of activities and commodities eligible under the tools of trade category, an action taken in part to reflect the changing nature of humanitarian work undertaken in the country by nongovernmental organizations. See 73
FR 10668 Feb. 28, 2008. In January 2017, as part of the same regulatory action described above that created a more favorable license review policy for certain items for use in civil aviation and railroad infrastructure in Sudan, BIS made License Exception Consumer Communications Devices CCD eligible for the export and reexport of certain consumer communications devices to Sudan.
C. Dual LicensingBIS and OFAC
For nearly twenty years, licenses from both BIS and OFAC were required to export and reexport items on the CCL to Sudan as a consequence of broad trade restrictions imposed in November 1997,
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