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70017

Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Rules and Regulations information displays a currently valid Office of Management and Budget OMB Control Number. This regulation involves a collection currently approved by OMB under control number 0694
0088, Simplified Network Application Processing System. The collection includes, among other things, license applications, and carries a burden estimate of 42.5 minutes for a manual or electronic submission for a total burden estimate of 31,878 hours. BIS expects the burden hours associated with this collection to not significantly increase with the publication of this rule.
Savings Clause Shipments of items that may no longer be made under No License Required NLR or license exception as a result of this action and were on dock for loading, on lighter, laden aboard an exporting or transferring carrier, or en
route aboard a carrier to a port of export or reexport on January 10, 2022, pursuant to actual orders for export to Cambodia, reexport to Cambodia, or transfer in country within Cambodia may proceed to their destination under the prior authorization.
List of Subjects
Regulations 15 CFR parts 730774 are amended as follows:
PART 740AMENDED
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.

15 CFR Part 740
Administrative practice and procedure, Exports, Reporting and recordkeeping requirements.

2. Supplement no. 1 to part 740 is amended in the Country Group D table by revising the entry for Cambodia and note 1 to the table to read as follows:

15 CFR Part 742
Exports, Terrorism.
15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
Accordingly, parts 740, 742, and 744
of the Export Administration
Supplement No. 1 to Part 740Country Groups

COUNTRY GROUP D
D:1
National security
Country

Cambodia

X

D:3
Chemical &
biological
D:2
Nuclear

D:4
Missile technology

D:5
U.S. arms embargoed countries 1

X

1 Note
to Country Group D:5: Countries subject to U.S. arms embargoes are identified by the State Department through notices published in the Federal Register. The list of arms embargoed destinations in this table is drawn from 22 CFR 126.1 and State Department Federal Register notices related to arms embargoes compiled and accessible at https www.pmddtc.state.gov and will be amended when the State Department publishes subsequent notices. If there are any discrepancies between the list of countries in this table and the countries identified by the State Department as subject to a U.S. arms embargo in the Federal Register, the State Departments list of countries subject to U.S. arms embargoes shall be controlling.

PART 742AMENDED
3. The authority citation for part 742
continues to read as follows:

khammond on DSKJM1Z7X2PROD with RULES

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
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.

4. Section 742.4 is amended by revising paragraphs b6 and 7 to read as follows:

742.4

National security.

b

VerDate Sep<11>2014

16:33 Dec 08, 2021

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6 The general policy for Laos is to approve license applications when BIS
determines, on a case-by-case basis, that the items are for an authorized use in Laos and are not likely to be diverted to another country or use contrary to the national security or foreign policy controls of the Unied States.
7i For Burma, Cambodia, the Peoples Republic of China China, the Russian Federation, and Venezuela, all applications will be reviewed to determine the risk of diversion to a military end user or military end use.
There is a general policy of approval for license applications to export, reexport, or transfer items determined to be for civil end users for civil end uses. There is a presumption of denial for license applications to export, reexport, or transfer items that would make a material contribution to the development, production, maintenance, repair, or operation of weapons systems, subsystems, and assemblies, such as, but not limited to, those described in supplement no. 7 to
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this part, of Burma, Cambodia, China, the Russian Federation, or Venezuela.
ii The following factors are among those that will be considered in reviewing license applications described in paragraph b7i of this section:
A The appropriateness of the export, reexport, or transfer for the stated end use;
B The significance of the item for the weapon systems capabilities of the importing country;
C Whether any party is a military end user as defined in 744.21g of the EAR;
D The reliability of the parties to the transaction, including whether:
1 An export or reexport license application has previously been denied;
2 Any parties are or have been engaged in unlawful procurement or diversion activities;
3 The parties are capable of securely handling and storing the items; and 4 End-use checks have been and may be conducted by BIS or another
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