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4934

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

c14iii, c16iii, c17iii, c18iii, c19iii, c20ii, c21ii, c22iii, c23iii, c24iii, c25iv, c26iC, c27iii, c28iii, c29iii, c30iii, c31iii, c32iii, c33iii, c34iii, c35iii, c36iii, c37iii, c38iii, c39iC, c40iii, c41iii, c42iii, c43iii, c44iii, c46ii, c47ii, and c48ii.

772.1

Supplement No. 2 to Part 742AntiTerrorism Controls: North Korea and Syria

c The license requirements and licensing policies for items controlled for anti-terrorism reasons to Syria and North Korea are generally described in 742.9 and 742.19 of this part, respectively. This Supplement provides guidance on licensing policies for North Korea and Syria and related contract sanctity dates that may be available for transactions benefiting from pre-existing contracts involving Syria.

2 All items subject to chemical and biological weapons proliferation controls. Applications for all end-users in North Korea and Syria of these items will generally be denied. See Supplement No. 1 to part 742 for contract sanctity dates for Syria.
3 All items subject to missile proliferation controls MTCR.
Applications for all end-users in North Korea and Syria will generally be denied. Contract sanctity provisions for Syria are not available.

PART 774THE COMMERCE
CONTROL LIST
22. The authority citation for part 774
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.; 10 U.S.C.
8720; 10 U.S.C. 8730e; 22 U.S.C. 287c, 22
U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C.
2139a; 15 U.S.C. 1824; 50 U.S.C. 4305; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783.

23. Supplement 1 to part 774 is amended in category 1 by revising ECCN 1C350 and ECCN 1C355 to read as follows:

Supplement No. 1 to Part 774The Commerce Control List

Category 1Special Materials and Related Equipment, Chemicals, Microorganisms, and Toxins

PART 748APPLICATIONS
CLASSIFICATION, ADVISORY, AND
LICENSE AND DOCUMENTATION

1C350 Chemicals that may be used as precursors for toxic chemical agents see List of Items Controlled.

17. The authority citation for part 748
continues to read as follows:

License Requirements Reason for Control: CB, CW, AT.

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 13, 2020, 85
FR 49939 August 14, 2020.

Supplement No. 2 to Part 748
Amended 18. Amend Supplement No. 2 to part 748 by removing Sudan, from paragraph c2.

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Amended
21. Amend 772.1 by a. Removing and Sudan from NOTE 3 to the definition of Agricultural commodities.;
b. Removing Sudan, from the definition of Countries supporting international terrorism..
c. Removing Sudan, from the definition of Medical devices; and d. Removing Sudan, from the definition of Medicines..

750.4

Amended
19. Amend 750.4 by removing Sudan, from paragraph b6i.

PART 772DEFINITIONS OF TERMS
20. The authority citation for part 772
continues to read as follows:

VerDate Sep<11>2014

16:33 Jan 17, 2021

Jkt 253001

Controls CB applies to entire entry.

Country chart see Supp. No. 1 to part 738
CB Column 2

CW applies to 1C350 .b, and .c. The Commerce Country Chart is not designed to determine licensing requirements for items controlled for CW reasons. A license is required, for CW reasons, to export or reexport Schedule 2 chemicals and mixtures identified in 1C350.b to States not Party to the CWC destinations not listed in Supplement No. 2 to part 745 of the EAR.
A license is required, for CW reasons, to export Schedule 3 chemicals and mixtures identified in 1C350.c to States not Party to the CWC, unless an End-Use Certificate issued by the government of the importing country has been obtained by the exporter
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Fmt 4700

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prior to export. A license is required, for CW
reasons, to reexport Schedule 3 chemicals and mixtures identified in 1C350.c from a State not Party to the CWC to any other State not Party to the CWC. See 742.18 of the EAR for license requirements and policies for toxic and precursor chemicals controlled for CW reasons. See 745.2 of the EAR for EndUse Certificate requirements that apply to exports of Schedule 3 chemicals to countries not listed in Supplement No. 2 to part 745
of the EAR.
AT applies to entire entry. The Commerce Country Chart is not designed to determine licensing requirements for items controlled for AT reasons in 1C350. A license is required, for AT reasons, to export or reexport items controlled by 1C350 to a country in Country Group E:1 of Supplement No. 1 to part 740 of the EAR. See part 742
of the EAR for additional information on the AT controls that apply to Iran, North Korea, and Syria. See part 746 of the EAR for additional information on sanctions that apply to Iran, North Korea, and Syria.
License Requirement Notes 1. SAMPLE SHIPMENTS: Subject to the following requirements and restrictions, a license is not required for sample shipments when the cumulative total of these shipments does not exceed a 55-gallon container or 200
kg of a single chemical to any one consignee during a calendar year. A consignee that receives a sample shipment under this exclusion may not resell, transfer, or reexport the sample shipment, but may use the sample shipment for any other legal purpose unrelated to chemical weapons.
a. Chemicals Not Eligible:
A. Reserved B. CWC Schedule 2 chemicals States not Party to the CWC. No CWC Schedule 2
chemical or mixture identified in 1C350.b is eligible for sample shipment to States not Party to the CWC destinations not listed in Supplement No. 2 to part 745 of the EAR
without a license.
b. Countries Not Eligible: Countries in Country Group E:1 of Supplement No. 1 to part 740 of the EAR are not eligible to receive sample shipments of any chemicals controlled by this ECCN without a license.
c. Sample shipments that require an EndUse Certificate for CW reasons: No CWC
Schedule 3 chemical or mixture identified in 1C350.c is eligible for sample shipment to States not Party to the CWC destinations not listed in Supplement No. 2 to part 745 of the EAR without a license, unless an End-Use Certificate issued by the government of the importing country is obtained by the exporter prior to export see 745.2 of the EAR for End-Use Certificate requirements.
d. Sample shipments that require a license for reasons set forth elsewhere in the EAR:
Sample shipments, as described in this Note 1, may require a license for reasons set forth elsewhere in the EAR. See, in particular, the end-use/end-user restrictions in part 744 of the EAR, and the restrictions that apply to embargoed countries in part 746 of the EAR.
e. Annual report requirement. The exporter is required to submit an annual written report for shipments of samples made under this Note 1. The report must be on company letterhead stationery titled Report of
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