Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 4929

DEPARTMENT OF COMMERCE Background free flow of communications among the I. Brief History of Anti-Terrorism Sudanese people, in February 2015, BIS Bureau of Industry and Security Controls on Sudan amended § 742.10 to establish a case-by- case review policy for 15 CFR Parts 734, 738, 740, 742, 748, A. Overview telecommunication equipment and 750, 772, 774 Sections 1753, 1754, and 1768 of the associated items for civil end use, Export Control Reform Act of 2018 including items useful for the [Docket No. 201221–0350] (ECRA), 50 U.S.C. Sections 4801–4852, development of civil provide the legal authority for BIS’s AT telecommunications infrastructure. See RIN 0694–AI33 controls on SSOT destinations. On 80 FR 8520 (Feb. 18, 2015). Two years August 12, 1993, in accordance with later, in January 2017, in response to Implementation in the Export Section 6(j) of the Export positive developments in the U.S.- Administration Regulations of the Administration Act of 1979, then Sudan bilateral relationship, BIS United States’ Rescission of Sudan’s codified at 50 U.S.C. App. 2405(j), the amended § 742.10, again in coordination Designation as a State Sponsor of Secretary of State designated Sudan as with OFAC, to institute a general policy Terrorism of approval for certain items, including a SSOT, citing his determination that parts, components, and equipment, that Sudan, then led by Omar al-Bashir, had AGENCY: Bureau of Industry and are controlled on the CCL solely for AT repeatedly provided support for acts of Security, Commerce. reasons and are intended to ensure the international terrorism. See 58 FR 52523 ACTION: Final rule. safety of civil aviation or the safe (Oct. 8, 1993). Consistent with this operation of fixed-wing commercial designation, BIS imposed AT controls SUMMARY: In this final rule, the Bureau passenger aircraft, as well as items on Sudan in accordance with the Export of Industry and Security (BIS) amends controlled on the CCL solely for AT Administration Act of 1979, as the Export Administration Regulations reasons intended for use in the amended, formerly codified at 50 U.S.C. (EAR) to implement the rescission of inspection and repair, among other Sudan’s designation as a State Sponsor Sections 4601–4623, the legal authority activities, of railroads in Sudan. See 82 of Terrorism (SSOT). The Secretary of at the time for BIS’s export control FR 4781 (Jan. 17, 2017). State rescinded this designation regime. 61 FR 12714 (March 25, 1996). BIS also made changes to license effective December 14, 2020 in Pursuant to § 742.10 (Anti-Terrorism) of exception eligibility in connection with accordance with established statutory the EAR, a license was also required for foreign policy considerations and procedures, including the President’s the export or reexport to Sudan of developments. In February 2005, BIS October 26, 2020 submission to nearly all items on the Commerce amended License Exception Temporary Congress of a report justifying the Control List (CCL), Supp. No. 1 to part imports, exports, reexports, and rescission and certifying Sudan had not 774 of the EAR. License applications for transfers (in-country) (TMP) to permit provided any support for acts of such exports and reexports were temporary exports to Sudan of certain international terrorism during the reviewed under a general policy of computers, communication devices, and preceding six month period and that denial. Consistent with Sudan’s global positioning devices as ‘‘tools of Sudan had provided assurances that it designation as a SSOT, the country was trade’’ by employees and staff of certain would not support acts of international also placed in Country Group E (now organizations engaged in humanitarian terrorism in the future. Accordingly, BIS Country Group E:1): (terrorist- work in Sudan. See 70 FR 8257 (Feb. 18, amends the EAR by removing Anti- supporting countries) in Supplement 2005) and 70 FR 9703 (Feb. 28, 2005). Terrorism (AT) controls on the country No. 1 to part 740 of the EAR and made In February 2008, BIS amended TMP and by removing Sudan from Country subject to a 10 percent de minimis again in connection with exports and Group E:1 (Terrorist supporting threshold for controlled U.S.-origin reexports destined for Sudan, including countries). These actions render the content (see § 734.4 of the EAR). Most by expanding the number of activities country eligible for a general 25 percent license exceptions were also unavailable and commodities eligible under the de minimis level. As a consequence of for exports and reexports of CCL items ‘‘tools of trade’’ category, an action these actions, as well as the addition of destined for Sudan due to its status as taken in part to reflect the changing the country to Country Group B, Sudan an ‘‘E:1’’ country. nature of humanitarian work is also potentially eligible for several B. Changes to Certain Licensing Policies undertaken in the country by new license exceptions under the EAR. and License Exceptions nongovernmental organizations. See 73 However, pursuant to this rule, two FR 10668 (Feb. 28, 2008). In January license exceptions will be unavailable Notwithstanding the general policy of 2017, as part of the same regulatory for exports and reexports to Sudan. BIS denial set forth in § 742.10 of the EAR, action described above that created a also makes conforming amendments in prior to the publication of this rule, BIS more favorable license review policy for other applicable EAR provisions as part reviewed certain categories of CCL items certain items for use in civil aviation of this rule. proposed for export or reexport to and railroad infrastructure in Sudan, DATES: This rule is effective January 14, Sudan under less stringent review BIS made License Exception Consumer 2021. policies. In particular, applications for Communications Devices (CCD) eligible the export and reexport of medical items for the export and reexport of certain FOR FURTHER INFORMATION CONTACT: to Sudan were subject to case-by-case Foreign Policy Division, Office of consumer communications devices to review. Over time, consistent with U.S. Sudan. Nonproliferation and Treaty foreign policy initiatives, BIS instituted Compliance, Bureau of Industry and case-by case review or a general policy C. Dual Licensing—BIS and OFAC Compliance, U.S. Department of of approval for additional categories of For nearly twenty years, licenses from Commerce, by email at Foreign.Policy@ items. For example, acting in both BIS and OFAC were required to bis.doc.gov, or by phone at 202–482– coordination with the Department of the export and reexport items on the CCL to 4252. Treasury’s Office of Foreign Assets Sudan as a consequence of broad trade SUPPLEMENTARY INFORMATION: Control (OFAC), in order to promote the restrictions imposed in November 1997,

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including restrictions on U.S. persons’ reexports of items subject to the EAR to decision ‘‘reflect[ed] the . . . exports of U.S.-origin items to Sudan. Sudan. To reflect the revocation of these transitional government’s sustained Pursuant to Executive Order (E.O.) authorities, OFAC removed the SSR efforts to make sure there is no support 13067 of November 3, 1997, the U.S. from the Code of Federal Regulations on for acts of international terrorism.’’ See Government imposed a comprehensive June 29, 2018. OFAC only retained November 2, 2020 State Department trade embargo in response to the jurisdiction over certain exports and Press Statement, ‘‘Sudan Making Government of Sudan’s policies and reexports of agricultural commodities, Progress,’’ available at https:// activities, including its support for medicine, and medical devices destined www.state.gov/sudan-making-progress/. terrorism, efforts to destabilize for Sudan pursuant to the Trade neighboring governments, and the Sanctions Reform and Export III. Specific Amendments in This Rule prevalence of human rights violations. Enhancement Act of 2000, 22 U.S.C. A. Overview Specifically, this E.O. blocked the Section 7201 et seq., and authorized the Consistent with the Secretary of property of the Government of Sudan export and reexport of such items State’s rescission of Sudan’s designation subject to U.S. jurisdiction and imposed through a general license incorporated as a SSOT, effective December 14, 2020, restrictions on U.S. persons’ activities into Section 596.506 of the Terrorism this rule removes AT controls on the with respect to Sudan. On July 1, 1998, List Governments Sanctions country and makes conforming changes OFAC published the Sudanese Regulations, 31 CFR part 596. to various EAR provisions. First, this Sanctions Regulations, 31 CFR part 538 II. Rescission-Related Developments rule removes Sudan from Country (SSR), implementing these restrictions. Group E:1 in Supplement No. 1 to part See 63 FR 35809 (July 1, 1998). Notably, Once a country is designated a State 740, the Country Group placement for as implemented in the SSR, E.O. 13067 Sponsor of Terrorism, the designation terrorist supporting countries. This required the Department of the Treasury remains in effect until it is rescinded in action raises the de minimis level from to restrict the export or reexport to accordance with applicable law. On 10 percent to 25 percent for most Sudan of goods, technology, or services October 26, 2020, the President foreign-origin items located abroad that from the U.S. or by a U.S. person, submitted to Congress the statutorily- are destined for Sudan. These changes wherever located, or ‘‘requiring the required report justifying the rescission, make Sudan potentially eligible for new issuance of a license by a Federal and certifying that Sudan had not license exceptions under the EAR. agency.’’ See Section 2(b) of E.O. 13067 provided any support for acts of and 31 CFR 538.205 (2017). This international terrorism during the Second, this rule removes EAR § 742.10 language provided the basis for a dual preceding six month period and that (Anti-Terrorism: Sudan) in its entirety. licensing regime pursuant to which the Sudan had provided assurances that it Additionally, it adds Sudan to Country export and reexport of CCL items to would not support acts of international Group B in Supplement No. 1 to part Sudan required authorization by both terrorism in the future. Effective 740. As a general matter, countries in BIS and OFAC. December 14, 2020, the Secretary of Country Group B are eligible for a On October 13, 2006, President State rescinded Sudan’s designation as greater number of license exceptions, George W. Bush issued E.O. 13412 a SSOT, in accordance with Sections and they are subject to relatively less following the enactment of the Darfur 1754(c) and 1768(c) of the National stringent license review policies. Peace and Accountability Act of 2006, a Defense Authorization Act for Fiscal However, pursuant to this rule, two response to continuing atrocities in Year 2019 (50 U.S.C. 4813(c) and license exceptions, License Exception Sudan’s Darfur Region. This E.O. 4826(c)), and in satisfaction of the Shipments to Country Group B exempted certain regions in Sudan from provisions of Section 620A(c) of the countries (GBS) (§ 740.4) and License several prohibitions established Foreign Assistance Act of 1961 (22. Exception Technology and software pursuant to E.O. 13067, including those U.S.C. 2371(c)), Section 40(f) of the under restriction (TSR) (§ 740.6), will be applicable to exports, thereby effectively Arms Export Control Act of 1976 (22 unavailable for exports and reexports to narrowing the scope of exports and U.S.C. 2708(f)), and, to the extent Sudan. Moreover, Sudan’s continued reexports of CCL items subject to dual applicable, section 6(j) of the Export placement in Country Group D:5 (U.S. licensing. Administration Act of 1979 (50 U.S.C. Arms Embargoed Countries) impacts the App. 2405(j)), as continued in effect by availability of certain license exceptions D. Termination of the Embargo Executive Order 13222 of August 17, in connection with items controlled In recognition of positive actions 2001. BIS is publishing this rule under certain Export Control sustained by the Government of Sudan amending the EAR to implement the Classification Numbers (ECCNs). in several areas, including enhanced rescission. Finally, this rule makes conforming cooperation with the U.S. on On October 23, 2020, the date that amendments to parts 734, 738, 748, 750, counterterrorism efforts, effective President Trump notified Congress of 772 and 774 of the EAR, and additional October 12, 2017, President Donald J. his intention to rescind the SSOT amendments to parts 740 and 742, Trump revoked Sections 1 and 2 of E.O. designation, the White House heralded consistent with the removal of AT 13067, along with E.O. 13412 in its the development as marking the controls, the country’s removal from entirety, pursuant to E.O. 13761 of advancement of the United States’ Country Group E:1, and addition to January 13, 2017, as amended by E.O. bilateral relationship with Sudan and Country Group B. Other previously- 13804 of July 11, 2017. Consequently, as the ongoing efforts of the civilian-led existing license requirements remain of October 12, 2017, U.S. persons were Sudanese transitional government intact. no longer prohibited from engaging in toward democracy and the achievement Conforming changes include the transactions with respect to Sudan, of regional peace. See October 23, 2020 removal of all references to Sudan from including exports and reexports of items Statement of the Press Secretary on Supplement No. 2 to part 742, which destined for Sudan, or with the Sudan, available at https:// specifies contract sanctity dates and Government of Sudan, that had been www.whitehouse.gov/briefings- related licensing review policies for prohibited by the SSR. These actions statements/statement-press-secretary- certain items destined for countries generally established BIS as the sole sudan/. As noted by Secretary of State subject to AT controls. This rule also licensing agency for exports and Michael R. Pompeo, President’s Trump amends License Exceptions GBS and

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TSR set forth in part 740 (License will also continue to apply. BIS will License Exception Consumer Exceptions) to state that they are not review license applications for exports Communications Devices (CCD) available for Sudan. Additionally, it or reexports to Sudan on a case-by-case Section 740.19 (Consumer amends part 740 to remove references to basis pursuant to applicable licensing Communications Devices) no longer Sudan from three license exceptions. As policies set forth in parts 742 and 744, requires any reference to Sudan, as the detailed below, these license exceptions or elsewhere in the EAR. Exporters eligible commodities and software had authorized exports and reexports of should also be aware that the United specified therein may now be exported certain CCL items to Sudan States continues to maintain an arms and reexported (barring end-use or end- notwithstanding the imposition of AT embargo on Sudan, as implemented in user restrictions) to Sudan, including to controls and the country’s related Country Group D:5, which also the Sudanese Government. In light of placement in Country Group E:1. implements the United Nations arms the U.S. Government’s ‘‘unblocking’’ of embargo, imposed in 2004, that applies B. Highlights of Key Changes the Government of Sudan effective to certain items controlled for United October 2017, the license exception’s 1. Changes to the Applicable De Nations (UN) reasons that are destined reference to restrictions on the Minimis Level for Controlled U.S.- for the Darfur region in Sudan, as Government of Sudan is inapplicable. Origin Content implemented in § 746.1 of the EAR. This rule consequently removes the The EAR apply to foreign-made items 3. Changes to License Exceptions reference to Sudan in paragraph (a), and located outside the United States that in the introductory text to paragraph (b), contain more than a de minimis amount Consistent with the removal of AT which identified Sudan as an eligible of controlled U.S.-origin content by controls on Sudan (and the related destination for this license exception. It value. For most items, the de minimis removal of the country from Country also removes paragraph (c)(iii), which level is 10 percent if the destination of Group E:1), BIS is amending four license identified the Government of Sudan as the foreign-made item is in Country exceptions that make specific reference an ineligible end-user for the license Group E:1 and 25 percent if the to Sudan or to Sudanese nationals. exception. Additionally, this rule destination is in any other Country Through revising three of these license removes altogether paragraph (b)(18), Group. The removal of Sudan from exceptions to reflect policy changes that which permitted the export and Country Group E:1 raises the de minimis occurred following Sudan’s designation reexport of items controlled under level to 25 percent for most items as a SSOT, BIS had authorized certain Export Control Classification Number destined for Sudan. Additionally, this categories of transactions that were 7A994 to Sudan only. 25 percent de minimis level will apply destined for Sudan notwithstanding the 4. Availability of Other License to certain foreign-made encryption imposition of AT controls and the Exceptions items destined for Sudan that meet the country’s related placement in Country criteria specified in § 734.4(b)(1) of the Group E:1. BIS also removes restrictions As an E:1 country, Sudan was eligible EAR. Foreign-made items destined for on releases to Sudanese nationals of for only a limited number of license Sudan that incorporate U.S.-origin technology and source code pertaining exceptions. Many license exceptions 9x515 or ‘‘600 series’’ paragraphs a. to computers from a fourth license contain restrictions that apply to through .x content will continue to be exception. countries in Country Group E:1 or to subject to the EAR regardless of the nationals of such countries. As a License Exception Computers (APP) level of U.S.-origin content, i.e., there is consequence of Sudan’s removal from no de minimis level for such items Sudan is removed from § 740.7, Country Group E:1, Sudan and/or when they are destined for Sudan. paragraph (b)(2)(ii), which restricts Sudanese nationals are newly eligible technology and source code from release for several license exceptions. No 2. Applicable Controls and Related changes are required to the text of these Licensing Policies to nationals of Country Groups E:1 and E:2. The country is added to paragraph license exceptions, as they do not refer Sudan will be subject to licensing (d)(1) (Computer Tier 3 destinations), specifically to Sudan or to Sudanese requirements that apply to the export which will permit the release of nationals. Additionally, as noted above, and reexport of items on the multilateral technology and source code to Sudanese Sudan’s addition to Country Group B by export control regime lists (the nationals up to the prescribed limit. this rule makes the country potentially Wassenaar Arrangement, the Nuclear available for a broader range of license Suppliers Group, the Australia Group License Exception Temporary Imports, exceptions. However, BIS has and the Missile Technology Control Exports, Reexports, and Transfers (In- determined that exports and reexports Regime) and sensitive items controlled Country) (TMP) to Sudan are not eligible for License unilaterally for Crime Control (CC) or Exceptions GBS and TSR. This rule Regional Stability (RS) reasons. These Paragraph (a)(2) of § 740.9, which makes conforming changes in part 740 license requirements are set forth in part referred to tools of the trade (as consistent with that policy. Specifically, 742 of the EAR and are reflected in the identified in § 740.19(b)) as exempted amendments in §§ 740.4 and 740.6 relevant columns of the Country Chart from paragraph (a)(1) restrictions on clearly set forth that License Exceptions in Supplement No. 1 to part 738 of the Country Group E:1 when destined for GBS and TSR, respectively, are EAR. (See ‘‘Xs’’ reflecting the Sudan, is no longer applicable and is unavailable for Sudan. As with all applicability of various multilateral and deleted. license exceptions, a specific unilateral controls on Sudan.) Other License Exception Additional transaction must meet all enumerated categories of items that are controlled Permissive Reexports (APR) criteria, and persons should ensure that for reasons not included on the Country the restrictions set forth in § 740.2 Chart (e.g., encryption (EI) and Paragraph (i) of § 740.16, which (Restrictions on all license exceptions) Chemical Weapons (CW)) will also authorized certain exports and reexports do not apply. In particular, persons require a license for export or reexport of Anti-Terrorism controlled items to should be aware of limitations on the to Sudan. End User and End-Use-based Sudan, is no longer applicable and is availability of license exceptions for controls set forth in part 744 of the EAR deleted. exports and reexports to Sudan of items

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in a 9x515 or ‘‘600 series’’ ECCN as set action’’ under section 3(f) of Executive within 30 days of publication of this forth in paragraphs (a)(12) and (13) of Order 12866. notice to http://www.reginfo.gov/public/ § 740.2 that stem from Sudan’s 2. This final rule is not subject to the do/PRAMain. Find this particular placement in Country Group D:5. requirements of E.O. 13771 (82 FR 9339 information collection by selecting (February 3, 2017)) because it is issued ‘‘Currently under 30-day Review—Open 5. Other U.S. Government Regulatory with respect to a national security Obligations for Public Comments’’ or by using the function of the United States. In search function. The amendments to the EAR made in particular, this rule implements an this final rule do not apply to regulatory important U.S. foreign policy change, List of Subjects requirements administered by other U.S. the rescission of Sudan’s designation as 15 CFR Part 734 Government agencies, such as OFAC a State Sponsor of Terrorism, that is Administrative practice and and the Department of State’s closely linked with U.S. national procedure, Exports, Inventions and Directorate of Defense Trade Controls. security and regional security patents, Research, Science and In particular, U.S. persons should be objectives. The amendments to the EAR aware of restrictions that may apply to made by this rule are consistent with technology. transactions involving the Darfur region the rescission and therefore serve U.S. 15 CFR Parts 738 and 772 of Sudan. On October 30, 2020, foreign policy and national security Exports. President Trump continued in effect the interests. national emergency initially declared 3. This rule does not contain policies 15 CFR Parts 740, 748 and 750 with respect to the Government of with Federalism implications as that Administrative practice and Sudan in E.O. 13067, as expanded by term is defined under Executive Order procedure, Exports, Reporting and subsequent E.O.s, including E.O. 13400 13132. recordkeeping requirements. of April 26, 2006, due to violence in 4. Pursuant to section 1762 of the Sudan’s Darfur region. See Presidential Export Control Reform Act of 2018 (50 15 CFR Part 742 Notice, 85 FR 69463 (Nov. 2, 2020). U.S.C. 4821), this action is exempt from Exports, Terrorism. OFAC administers sanctions on the Administrative Procedure Act (5 individuals and entities in connection U.S.C. 553) requirements for notice of 15 CFR 746 with the conflict in Darfur based on this proposed rulemaking, opportunity for Exports, Reporting and recordkeeping national emergency. See Darfur public participation, and delay in requirements. Sanctions Regulations, 31 CFR part 546. effective date. OFAC may also designate Sudanese 5. Because a notice of proposed 15 CFR Parts 774 persons under authorities apart from rulemaking and an opportunity for Exports, Reporting and recordkeeping E.O. 13067 and E.O. 13400 and add public comment are not required to be requirements, Terrorism. given for this rule by 5 U.S.C. 553, or such persons to the list of Specially Accordingly, parts 734, 738, 740, 742, by any other law, the analytical Designated Nationals and Blocked 748, 750, 772, 774 of the Export requirements of the Regulatory Persons (SDN List), available at https:// Administration Regulations (15 CFR Flexibility Act, 5 U.S.C. 601, et seq., are www.treasury.gov/ofac. Additional parts 730 through 774) are amended as not applicable. Accordingly, no information regarding OFAC’s sanctions follows: programs may be located at https:// regulatory flexibility analysis is required www.treasury.gov/ofac. and none has been prepared. PART 734—SCOPE OF THE EXPORT 6. Notwithstanding any other ADMINISTRATION REGULATIONS Export Control Reform Act of 2018 provision of law, no person may be On August 13, 2018, the President required to respond to or be subject to ■ 1. The authority citation for part 734 signed into law the John S. McCain a penalty for failure to comply with a continues to read as follows: collection of information, subject to the National Defense Authorization Act for Authority: 50 U.S.C. 4801–4852; 50 U.S.C. Fiscal Year 2019, which included the requirements of the Paperwork 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O. Export Control Reform Act of 2018 Reduction Act of 1995 (44 U.S.C. 3501 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. (ECRA), 50 U.S.C. Sections 4801–4852. et seq.) (PRA), unless that collection of 950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 ECRA provides the legal basis for BIS’s information displays a currently valid Comp., p. 219; E.O. 13026, 61 FR 58767, 3 principal authorities and serves as the Office of Management and Budget CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR authority under which BIS issues this (OMB) Control Number. This regulation 44025, 3 CFR, 2001 Comp., p. 783; E.O. rule. involves a collection currently approved 13637, 78 FR 16129, 3 CFR, 2014 Comp., p. by OMB under control number 0694– 223; Notice of November 12, 2019, 84 FR Rulemaking Requirements 0088, Simplified Network Application 61817, 3 CFR, 2019 Comp., p. 479. 1. Executive Orders 13563 and 12866 Processing System. The collection § 734.4 [Amended] direct agencies to assess all costs and includes, among other things, license ■ benefits of available regulatory applications, and carries a burden 2. Amend § 734.4 by removing alternatives and, if regulation is estimate of 42.5 minutes for a manual or ‘‘Sudan,’’ from paragraph (a)(1). necessary, to select regulatory electronic submission for a total burden PART 738—COMMERCE CONTROL approaches that maximize net benefits estimate of 31,878 hours. BIS expects LIST OVERVIEW AND THE COUNTRY (including potential economic, the burden hour estimates associated CHART environmental, public health and safety with this collection to decrease slightly, effects, distribute impacts, and equity). as the removal of Anti-terrorism ■ 3. The authority citation for part 738 Executive Order 13563 emphasizes the controls on Sudan should result in the continues to read as follows: importance of quantifying both costs submission of fewer license Authority: 50 U.S.C. 4801–4852; 50 U.S.C. and benefits, of reducing costs, of applications. Any comments regarding 4601 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. harmonizing rules, and of promoting the collection of information associated 8720; 10 U.S.C. 8730(e); 22 U.S.C. 287c; 22 flexibility. This final rule has been with this rule, including suggestions for U.S.C. 2151 note; 22 U.S.C. 3201 et seq.; 22 designated a ‘‘significant regulatory reducing the burden, should be sent U.S.C. 6004; 42 U.S.C. 2139a; 15 U.S.C. 1824;

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50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 ■ b. Adding ‘‘Sudan,’’ between 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, ‘‘Serbia,’’ and ‘‘Tajikistan,’’ in paragraph et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, (d)(1). 108–11, 117 Stat. 559; E.O. 12058, 43 FR 3 CFR, 2001 Comp., p. 783. 20947, 3 CFR, 1978 Comp., p. 179; E.O. § 740.9 [Amended] 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. Supplement No. 1 to Part 738 ■ 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 [Amended] 9. Amend § 740.9 by Comp., p. 950; E.O. 13026, 61 FR 58767, 3 ■ a. Removing and reserving paragraph CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR ■ 4. In Supplement No. 1 to part 738, (a)(2); 44025, 3 CFR, 2001 Comp., p. 783; the entry for ‘‘Sudan 1’’ is amended by ■ b. Removing ‘‘Sudan,’’ from paragraph Presidential Determination 2003–23, 68 FR removing the ‘‘X’’ from Anti-Terrorism (a)(9)(i); and 26459, 3 CFR, 2004 Comp., p. 320; Notice of Columns 1 and 2. ■ c. In paragraph (c)(2), removing the November 12, 2019, 84 FR 61817, 3 CFR, phrase ‘‘,and Sudan’’ and adding ‘‘and’’ 2019 Comp., p. 479. PART 740—LICENSE EXCEPTIONS in front of ‘‘Iran’’. ■ 14. Amend § 742.1 by revising paragraph (d) to read as follows: ■ 5. The authority citation for part 740 § 740.16 [Amended] continues to read as follows: ■ 10. Amend § 740.16 by removing and § 742.1 Introduction. Authority: 50 U.S.C. 4801–4852; 50 U.S.C. reserving paragraph (i). * * * * * 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. § 740.19 [Amended] (d) Anti-terrorism Controls on Iran, 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, North Korea, and Syria. Commerce 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, ■ 11. Amend § 740.19 by maintains anti-terrorism controls on 3 CFR, 2001 Comp., p. 783. ■ a. Removing ‘‘or Sudan’’ from Iran, North Korea, and Syria under ■ 6. Section 740.4 is revised to read as paragraphs (a), (b), and (c)(i); section 6(a) of the Export follows: ■ b. Removing paragraph (b)(18); and Administration Act. Items controlled ■ c. Removing and reserving paragraph under section 6(a) to Iran, Syria, and § 740.4 Shipments to Country Group B (c)(iii). countries (GBS). North Korea are described in §§ 742.8, ■ 12. Amend Supplement No. 1 to part 742.9, 742.10, and 742.19, respectively, License Exception GBS authorizes 740 by: and in Supplement No. 2 to part 742. exports and reexports to Country Group ■ a. Amending the ‘‘Country Group B’’ Commerce also maintains controls B (see Supplement No. 1 to part 740), table, by adding Sudan in alphabetical under section 6(j) of the EAA to Iran, except Sudan and Ukraine, of those order. North Korea, and Syria. Items controlled 1 commodities where the Commerce ■ b. Revising the ‘‘Country Group E ’’ to these countries under EAA section Country Chart (Supplement No. 1 to table. 6(j) are also described in Supplement 2 part 738 of the EAR) indicates a license The revision reads as follows: to part 742. The Secretaries of requirement to the ultimate destination Supplement No. 1 to Part 740 Commerce and State are required to for national security reasons only and notify appropriate Committees of the * * * * * identified by ‘‘GBS—Yes’’ on the CCL. Congress 30 days before issuing a See § 743.1 of the EAR for reporting license for an item controlled under COUNTRY GROUP E 1 requirements for exports of certain section 6(j) to North Korea, Iran, or commodities under License Exception Syria. If you are exporting or GBS. [E:1] Terrorist [E:2] reexporting to Iran, North Korea, or ■ Country Unilateral 7. Section 740.6 is amended by supporting embargo Syria, you should review part 746 of the revising paragraph (a) introductory text countries 2 EAR, Embargoes and Other Special to read as follows: Controls. Cuba ...... X * * * * * § 740.6 Technology and software under Iran ...... X ...... Korea, North ..... X ...... restriction (TSR). § 742.10 [Removed and Reserved] Syria ...... X ...... (a) Scope. License Exception TSR ■ 15. Remove and reserve § 742.10. permits exports and reexports of 1 In addition to the controls maintained by ■ 16. Amend Supplement No. 2 to Part technology and software where the the Bureau of Industry and Security pursuant to the EAR, note that the Department of the 742 by: Commerce Country Chart (Supplement Treasury administers: ■ a. Removing ‘‘and Sudan’’ from the No. 1 to part 738 of the EAR) indicates (a) A comprehensive embargo against Cuba heading; a license requirement to the ultimate and Iran; and ■ b. Removing ‘‘Sudan’’ from paragraph destination for national security reasons (b) An embargo against certain persons, e.g., Specially Designated Terrorists (SDT), (a); only and identified by ‘‘TSR—Yes’’ in Foreign Terrorist Organizations (FTO), Spe- ■ c. Removing ‘‘Sudan,’’ from paragraph entries on the CCL, provided the cially Designated Global Terrorists (SDGT), (b)(1); software or technology is destined to and Specially Designated Narcotics Traffickers ■ d. Removing ‘‘Sudan’’ from paragraph Country Group B, except Sudan and (SDNT). Please see part 744 of the EAR for controls maintained by the Bureau of Industry (b)(3) introductory text; Ukraine. (See Supplement No. 1 to part and Security on these and other persons. ■ e. Removing ‘‘for Sudan, items in 740.) A written assurance is required 2 The President made inapplicable with re- paragraphs (c)(6) through (c)(14) and from the consignee before exporting or spect to Iraq provisions of law that apply to (c)(16) through (c)(44) of this reexporting under this License countries that have supported terrorism. Supplement:’’ from paragraph (b)(3)(ii); Exception. PART 742—CONTROL POLICY—CCL ■ f. Revising paragraph (c) introductory * * * * * BASED CONTROLS text; ■ § 740.7 [Amended] g. Removing and reserving paragraph ■ 13. The authority citation for part 742 (c)(1)(iii); ■ 8. Amend § 740.7 by continues to read as follows: ■ h. Revising paragraphs (c)(2) and (3); ■ a. Removing ‘‘Sudan,’’ from paragraph Authority: 50 U.S.C. 4801–4852; 50 U.S.C. ■ i. Removing paragraphs (c)(10)(iii), (b)(2)(ii); and 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. (c)(11)(iii), (c)(12)(iii), (c)(13)(iii),

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(c)(14)(iii), (c)(16)(iii), (c)(17)(iii), Authority: 50 U.S.C. 4801–4852; 50 U.S.C. prior to export. A license is required, for CW (c)(18)(iii), (c)(19)(iii), (c)(20)(ii), 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O. reasons, to reexport Schedule 3 chemicals (c)(21)(ii), (c)(22)(iii), (c)(23)(iii), 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. and mixtures identified in 1C350.c from a (c)(24)(iii), (c)(25)(iv), (c)(26)(i)(C), 783. State not Party to the CWC to any other State not Party to the CWC. (See § 742.18 of the (c)(27)(iii), (c)(28)(iii), (c)(29)(iii), § 772.1 [Amended] EAR for license requirements and policies for (c)(30)(iii), (c)(31)(iii), (c)(32)(iii), ■ toxic and precursor chemicals controlled for (c)(33)(iii), (c)(34)(iii), (c)(35)(iii), 21. Amend § 772.1 by ■ a. Removing ‘‘and Sudan’’ from CW reasons. See § 745.2 of the EAR for End- (c)(36)(iii), (c)(37)(iii), (c)(38)(iii), Use Certificate requirements that apply to (c)(39)(i)(C), (c)(40)(iii), (c)(41)(iii), ‘‘NOTE 3’’ to the definition of exports of Schedule 3 chemicals to countries (c)(42)(iii), (c)(43)(iii), (c)(44)(iii), ‘‘‘Agricultural commodities’’.’; not listed in Supplement No. 2 to part 745 ■ (c)(46)(ii), (c)(47)(ii), and (c)(48)(ii). b. Removing ‘‘Sudan,’’ from the of the EAR.) definition of ‘‘Countries supporting AT applies to entire entry. The Commerce Supplement No. 2 to Part 742—Anti- international terrorism.’’. Country Chart is not designed to determine Terrorism Controls: North Korea and ■ c. Removing ‘‘Sudan,’’ from the licensing requirements for items controlled Syria definition of ‘‘Medical devices’’; and for AT reasons in 1C350. A license is ■ d. Removing ‘‘Sudan,’’ from the required, for AT reasons, to export or * * * * * reexport items controlled by 1C350 to a (c) The license requirements and definition of ‘‘Medicines.’’. country in Country Group E:1 of Supplement licensing policies for items controlled PART 774—THE COMMERCE No. 1 to part 740 of the EAR. (See part 742 for anti-terrorism reasons to Syria and of the EAR for additional information on the North Korea are generally described in CONTROL LIST AT controls that apply to Iran, North Korea, and Syria. See part 746 of the EAR for §§ 742.9 and 742.19 of this part, ■ 22. The authority citation for part 774 additional information on sanctions that respectively. This Supplement provides continues to read as follows: guidance on licensing policies for North apply to Iran, North Korea, and Syria.) Korea and Syria and related contract Authority: 50 U.S.C. 4801–4852; 50 U.S.C. License Requirement Notes sanctity dates that may be available for 4601 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 1. SAMPLE SHIPMENTS: Subject to the transactions benefiting from pre-existing 8720; 10 U.S.C. 8730(e); 22 U.S.C. 287c, 22 following requirements and restrictions, a U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. contracts involving Syria. license is not required for sample shipments 2139a; 15 U.S.C. 1824; 50 U.S.C. 4305; 22 when the cumulative total of these shipments * * * * * U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. does not exceed a 55-gallon container or 200 (2) All items subject to chemical and 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. kg of a single chemical to any one consignee biological weapons proliferation 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 during a calendar year. A consignee that controls. Applications for all end-users Comp., p. 783. receives a sample shipment under this in North Korea and Syria of these items ■ 23. Supplement 1 to part 774 is exclusion may not resell, transfer, or reexport will generally be denied. See amended in category 1 by revising the sample shipment, but may use the Supplement No. 1 to part 742 for ECCN 1C350 and ECCN 1C355 to read sample shipment for any other legal purpose unrelated to chemical weapons. contract sanctity dates for Syria. as follows: (3) All items subject to missile a. Chemicals Not Eligible: proliferation controls (MTCR). Supplement No. 1 to Part 774—The A. [Reserved] Applications for all end-users in North Commerce Control List B. CWC Schedule 2 chemicals (States not Party to the CWC). No CWC Schedule 2 Korea and Syria will generally be * * * * * chemical or mixture identified in 1C350.b is denied. Contract sanctity provisions for Category 1—Special Materials and eligible for sample shipment to States not Syria are not available. Related Equipment, Chemicals, Party to the CWC (destinations not listed in * * * * * ‘‘Microorganisms,’’ and ‘‘Toxins’’ Supplement No. 2 to part 745 of the EAR) without a license. PART 748—APPLICATIONS * * * * * b. Countries Not Eligible: Countries in 1C350 Chemicals that may be used as Country Group E:1 of Supplement No. 1 to (CLASSIFICATION, ADVISORY, AND precursors for toxic chemical agents (see LICENSE) AND DOCUMENTATION part 740 of the EAR are not eligible to receive List of Items Controlled). sample shipments of any chemicals ■ 17. The authority citation for part 748 License Requirements controlled by this ECCN without a license. continues to read as follows: c. Sample shipments that require an End- Reason for Control: CB, CW, AT. Use Certificate for CW reasons: No CWC Authority: 50 U.S.C. 4801–4852; 50 U.S.C. Schedule 3 chemical or mixture identified in 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O. Country chart (see 1C350.c is eligible for sample shipment to 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. Control(s) Supp. No. 1 to part 738) States not Party to the CWC (destinations not 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 listed in Supplement No. 2 to part 745 of the Comp., p. 783; Notice of August 13, 2020, 85 CB applies to entire CB Column 2 EAR) without a license, unless an End-Use FR 49939 (August 14, 2020). entry. Certificate issued by the government of the Supplement No. 2 to Part 748 importing country is obtained by the exporter CW applies to 1C350 .b, and .c. The prior to export (see § 745.2 of the EAR for [Amended] Commerce Country Chart is not designed to End-Use Certificate requirements). ■ 18. Amend Supplement No. 2 to part determine licensing requirements for items d. Sample shipments that require a license controlled for CW reasons. A license is 748 by removing ‘‘Sudan,’’ from for reasons set forth elsewhere in the EAR: required, for CW reasons, to export or Sample shipments, as described in this Note paragraph (c)(2). reexport Schedule 2 chemicals and mixtures 1, may require a license for reasons set forth § 750.4 [Amended] identified in 1C350.b to States not Party to elsewhere in the EAR. See, in particular, the the CWC (destinations not listed in end-use/end-user restrictions in part 744 of ■ 19. Amend § 750.4 by removing Supplement No. 2 to part 745 of the EAR). the EAR, and the restrictions that apply to ‘‘Sudan,’’ from paragraph (b)(6)(i). A license is required, for CW reasons, to embargoed countries in part 746 of the EAR. export Schedule 3 chemicals and mixtures e. Annual report requirement. The exporter PART 772—DEFINITIONS OF TERMS identified in 1C350.c to States not Party to is required to submit an annual written the CWC, unless an End-Use Certificate report for shipments of samples made under ■ 20. The authority citation for part 772 issued by the government of the importing this Note 1. The report must be on company continues to read as follows: country has been obtained by the exporter letterhead stationery (titled ‘‘Report of

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Sample Shipments of Chemical Precursors’’ applicable). Precursor chemicals of the same b.22. (C.A.S. #111–48–8) Thiodiglycol. at the top of the first page) and identify the structural formula (e.g., hydrates) are c. Australia Group-controlled precursor chemical(s), Chemical Abstract Service controlled by ECCN 1C350, regardless of chemicals also identified as Schedule 3 Registry (C.A.S.) number(s), quantity(ies), the name or CAS number. CAS numbers are chemicals under the CWC, as follows, and ultimate consignee’s name and address, and shown to assist in identifying whether a mixtures in which at least one of the the date of export for all sample shipments particular precursor chemical or mixture is following chemicals constitutes 30 percent or that were made during the previous calendar controlled under ECCN 1C350, irrespective of more of the weight of the mixture: year. The report must be submitted no later nomenclature. However, CAS numbers c.1. (C.A.S. #762–04–9) Diethyl phosphite; than February 28 of the year following the cannot be used as unique identifiers in all c.2. (C.A.S. #868–85–9) Dimethyl calendar year in which the sample shipments situations because some forms of the listed phosphite (dimethyl hydrogen phosphite); were made, to: U.S. Department of precursor chemical have different CAS c.3. (C.A.S. #139–87–7) Commerce, Bureau of Industry and Security, numbers, and mixtures containing a Ethyldiethanolamine; 14th Street and Pennsylvania Ave., NW, precursor chemical listed in ECCN 1C350 c.4. (C.A.S. #10025–87–3) Phosphorus Room 2099B, Washington, DC 20230, Attn: may also have different CAS numbers. oxychloride; ‘‘Report of Sample Shipments of Chemical c.5. (C.A.S. #10026–13–8) Phosphorus Precursors.’’ List Based License Exceptions (See Part 740 pentachloride; 2. MIXTURES: for a description of all license exceptions) c.6. (C.A.S. #7719–12–2) Phosphorus a. Mixtures that contain precursor LVS: N/A trichloride; chemicals identified in ECCN 1C350, in GBS: N/A c.7. (C.A.S. #10545–99–0) Sulfur concentrations that are below the levels dichloride; indicated in 1C350.b through .d, are List of Items Controlled c.8. (C.A.S. #10025–67–9) Sulfur controlled by ECCN 1C395 or 1C995 and are Related Controls: See USML Category XIV(c) monochloride; subject to the licensing requirements for related chemicals ‘‘subject to the ITAR’’ c.9. (C.A.S. #7719–09–7) Thionyl chloride; specified in those ECCNs. (see 22 CFR parts 120 through 130). c.10. (C.A.S. #102–71–6) Triethanolamine; b. A license is not required under this Related Definitions: See § 770.2(k) of the EAR c.11. (C.A.S. #122–52–1) Triethyl ECCN for a mixture, when the controlled for synonyms for the chemicals listed in phosphite; chemical in the mixture is a normal this entry. c.12. (C.A.S. #121–45–9) Trimethyl ingredient in consumer goods packaged for Items: phosphite. retail sale for personal use. Such consumer a. [Reserved] d. Other Australia Group-controlled goods are designated EAR99. However, a b. Australia Group-controlled precursor precursor chemicals not also identified as license may be required for reasons set forth chemicals also identified as Schedule 2 Schedule 1, 2, or 3 chemicals under the elsewhere in the EAR. chemicals under the CWC, as follows, and CWC, as follows, and mixtures in which at Note to Mixtures: Calculation of mixtures in which at least one of the least one of the following chemicals concentrations of AG-controlled chemicals: following chemicals constitutes 30 percent or constitutes 30 percent or more of the weight a. Exclusion. No chemical may be added more of the weight of the mixture: of the mixture: to the mixture (solution) for the sole purpose b.1. (C.A.S. #7784–34–1) Arsenic d.1. (C.A.S. #1341–49–7) Ammonium of circumventing the Export Administration trichloride; hydrogen fluoride; Regulations; b.2. (C.A.S. #76–93–7) Benzilic acid; d.2. (C.A.S. #107–07–3) 2-Chloroethanol; b. Percent Weight Calculation. When b.3. (C.A.S. #78–38–6) Diethyl d.3. (C.A.S. #109–89–7) Diethylamine; calculating the percentage, by weight, of ethylphosphonate; d.4. (C.A.S. #100–37–8) N,N- ingredients in a chemical mixture, include all b.4. (C.A.S. #683–08–9) Diethyl Diethylaminoethanol; ingredients of the mixture, including those methylphosphonate; d.5. (C.A.S. #589–57–1) Diethyl that act as solvents. b.5. (C.A.S. #15715–41–0) Diethyl chlorophosphite; 3. COMPOUNDS. Compounds created with methylphosphonite; d.6. (C.A.S. #298–06–6) O,O-Diethyl any chemicals identified in this ECCN 1C350 b.6. (C.A.S. #2404–03–7) Diethyl-N,N- phosphorodithioate; may be shipped NLR (No License Required), dimethylphosphoroamidate; d.7. (C.A.S. #2465–65–8) O,O-Diethyl without obtaining an End-Use Certificate, b.7. (C.A.S. #41480–75–5) N,N- phosphorothioate; unless those compounds are also identified Diisopropylaminoethanethiol hydrochloride; d.8. (C.A.S. #108–18–9) Di-isopropylamine; in this entry or require a license for reasons b.8. (C.A.S. #5842–07–9) N,N-Diisopropyl- d.9. (C.A.S. #124–40–3) Dimethylamine; set forth elsewhere in the EAR. beta-aminoethane thiol; d.10. (C.A.S. #506–59–2) Dimethylamine 4. TESTING KITS: Certain medical, b.9. (C.A.S. #96–80–0) N,N-Diisopropyl- hydrochloride; analytical, diagnostic, and food testing kits beta-aminoethanol; d.11. (C.A.S. #762–77–6) Ethyl containing small quantities of chemicals b.10. (C.A.S. #96–79–7), N,N-Diisopropyl- chlorofluorophosphate; identified in this ECCN 1C350, are excluded beta-aminoethyl chloride; d.12. (C.A.S. #1498–51–7) Ethyl from the scope of this ECCN and are b.11. (C.A.S. #4261–68–1) N,N- dichlorophosphate; controlled under ECCN 1C395 or 1C995. Diisopropyl-beta-aminoethyl chloride d.13. (C.A.S. #460–52–6) Ethyl (Note that replacement reagents for such kits hydrochloride; difluorophosphate; are controlled by this ECCN 1C350 if the b.12. (C.A.S. #6163–75–3) Dimethyl d.14. (C.A.S. #7664–39–3) Hydrogen reagents contain one or more of the precursor ethylphosphonate; fluoride; chemicals identified in 1C350 in b.13. (C.A.S. #756–79–6) Dimethyl d.15. (C.A.S. #3554–74–3) 3-Hydroxyl-1- concentrations equal to or greater than the methylphosphonate; methylpiperidine; control levels for mixtures indicated in b.14. (C.A.S. #677–43–0) N,N- d.16. (C.A.S. #76–89–1) Methyl benzilate; 1C350.) dimethylamino-phosphoryl dichloride; d.17. (C.A.S. #754–01–8) Methyl Technical Notes: b.15. (C.A.S. #1498–40–4) Ethyl chlorofluorophosphate; 1. For purposes of this entry, a ‘‘mixture’’ phosphonous dichloride [Ethyl phosphinyl d.18. (C.A.S. #677–24–7) Methyl is defined as a solid, liquid or gaseous dichloride]; dichlorophosphate; product made up of two or more ingredients b.16. (C.A.S. #430–78–4) Ethyl phosphonus d.19. (C.A.S. #22382–13–4) Methyl that do not react together under normal difluoride [Ethyl phosphinyl difluoride]; difluorophosphate; storage conditions. b.17. (C.A.S. #1066–50–8) Ethyl d.20. (C.A.S. #14277–06–6) N,N 2. The scope of this control applicable to phosphonyl dichloride; Diethylacetamidine; Hydrogen Fluoride (see 1C350.d.14 in the List b.18. (C.A.S. #993–13–5) d.21. (C.A.S. #53510–30–8) N,N- of Items Controlled) includes its liquid, Methylphosphonic acid; Diethylbutanamidine; gaseous, and aqueous phases, and hydrates. b.19. (C.A.S. #676–98–2) d.22. (C.A.S. #90324–67–7) N,N- 3. Precursor chemicals in ECCN 1C350 are Methylphosphonothioic dichloride. Diethylformamidine; listed by name, Chemical Abstract Service b.20. (C.A.S. #464–07–3) Pinacolyl alcohol; d.23. (C.A.S. #1342789–47–2) N,N (CAS) number and CWC Schedule (where b.21. (C.A.S. #1619–34–7) 3-Quinuclidinol; Diethylisobutanamidine;

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d.24. (C.A.S. #84764–73–8) N,N- Schedule 3 chemicals and mixtures a.1. Toxic chemicals, as follows, and Diethylpropanamidine; identified in 1C355.b from a State not Party mixtures containing toxic chemicals: d.25. (C.A.S. #1315467–17–4) N,N- to the CWC to any other State not Party to a.1.a. PFIB: 1,1,3,3,3-Pentafluoro-2- Diisopropylbutanamidine; the CWC. (See § 742.18 of the EAR for license (trifluoromethyl)-1-propene (C.A.S. 382–21– d.26. (C.A.S. #857522–08–8) N,N- requirements and policies for toxic and 8) and mixtures in which PFIB constitutes precursor chemicals controlled for CW Diisopropylformamidine; more than 1 percent of the weight of the d.27. (C.A.S. #2909–14–0) N,N- reasons.) mixture; Dimethylacetamidine; AT applies to entire entry. The Commerce d.28. (C.A.S. #1340437–35–5) N,N- Country Chart is not designed to determine a.1.b. [Reserved] Dimethylbutanamidine; licensing requirements for items controlled a.2. Precursor chemicals, as follows, and d.29. (C.A.S. #44205–42–7) N,N- for AT reasons in 1C350. A license is mixtures in which at least one of the Dimethylformamidine; required, for AT reasons, to export or following precursor chemicals constitutes d.30. (C.A.S. #321881–25–8) N,N- reexport items controlled by 1C350 to a more than 10 percent of the weight of the Dimethylisobutanamidine; country in Country Group E:1 of Supplement mixture: d.31. (C.A.S. #56776–14–8) N,N- No. 1 to part 740 of the EAR. (See part 742 a.2.a. Chemicals, except for those listed in Dimethylpropanamidine; of the EAR for additional information on the Schedule 1, containing a phosphorus atom to AT controls that apply to Iran, North Korea, d.32. (C.A.S. #1339586–99–0) N,N- which is bonded one methyl, ethyl, or propyl and Syria. See part 746 of the EAR for Dipropylacetamidine; (normal or iso) group but not further carbon d.33. C.A.S. #1342422–35–8) N,N- additional information on sanctions that atoms. Dipropylbutanamidine; apply to Iran, North Korea, and Syria.) Note: 1C355.a.2.a does not control d.34. (C.A.S. #48044–20–8) N,N- License Requirements Notes: Dipropylformamidine; Fonofos: O-Ethyl S-phenyl d.35. (C.A.S. #1342700–45–1) N,N- 1. MIXTURES: ethylphosphonothiolothionate (C.A.S. 944– Dipropylisobutanamidine; a. Mixtures containing toxic and precursor 22–9). chemicals identified in ECCN 1C355, in d.36. (C.A.S. #1341496–89–6) N,N- a.2.b. FAMILY: N,N-Dialkyl (Me, Et, n-Pr Dipropylpropanamidine; concentrations that are below the control or i-Pr) phosphoramidic dihalides; d.37. (C.A.S. #1314–80–3) Phosphorus levels indicated in 1C355.a and .b, are a.2.c. FAMILY: Dialkyl (Me, Et, n-Pr or i- pentasulfide; controlled by ECCN 1C995 and are subject to the license requirements specified in that d.38. (C.A.S. #75–97–8) Pinacolone; Pr) N,N-dialkyl (Me, Et, n-Pr, or i-Pr)- ECCN. d.39. (C.A.S. #7789–29–9) Potassium phosphoramidates; b. Mixtures containing chemicals identified bifluoride; a.2.d. FAMILY: N,N-Dialkyl (Me, Et, n-Pr in this entry are not controlled by ECCN d.40. (C.A.S. #151–50–8) Potassium or i-Pr) aminoethyl-2-chlorides and 1C355 when the controlled chemical is a cyanide; corresponding protonated salts; normal ingredient in consumer goods a.2.e. FAMILY: N,N-Dialkyl (Me, Et, n-Pr or d.41. (C.A.S. #7789–23–3) Potassium packaged for retail sale for personal use or fluoride; packaged for individual use. Such consumer i-Pr) aminoethane-2-ols and corresponding d.42. (C.A.S. #3731–38–2) 3-Quinuclidone; goods are classified as EAR99. protonated salts; d.43. (C.A.S. #1333–83–1) Sodium Note: 1C355.a.2.e. does not control N,N- bifluoride; Note to mixtures: Calculation of concentrations of CW-controlled chemicals: Dimethylaminoethanol and corresponding d.44. (C.A.S. #143–33–9) Sodium cyanide; a. Exclusion. No chemical may be added d.45. (C.A.S. #7681–49–4) Sodium protonated salts (C.A.S. 108–01–0) or N,N- to the mixture (solution) for the sole purpose fluoride; Diethylaminoethanol and corresponding of circumventing the Export Administration d.46. (C.A.S. #16893–85–9) Sodium protonated salts (C.A.S. 100–37–8). Regulations; hexafluorosilicate; b. Percent Weight Calculation. When a.2.f. FAMILY: N,N-Dialkyl (Me, Et, n-Pr or d.47. (C.A.S. #1313–82–2) Sodium sulfide; calculating the percentage, by weight, of i-Pr) aminoethane-2-thiols and corresponding d.48. (C.A.S. #637–39–8) Triethanolamine ingredients in a chemical mixture, include all protonated salts. hydrochloride; ingredients of the mixture, including those b. CWC Schedule 3 chemicals and d.49. (C.A.S. #116–17–6) Tri-isopropyl that act as solvents. mixtures containing Schedule 3 chemicals: phosphite. 2. COMPOUNDS: Compounds created with b.1. Toxic chemicals, as follows, and * * * * * any chemicals identified in this ECCN 1C355 mixtures in which at least one of the 1C355 Chemical Weapons Convention may be shipped NLR (No License Required), following toxic chemicals constitutes 30 (CWC) Schedule 2 and 3 chemicals and without obtaining an End-Use Certificate, percent or more of the weight of the mixture: families of chemicals not controlled by unless those compounds are also identified b.1.a. Phosgene: Carbonyl dichloride ECCN 1C350 or ‘‘subject to the ITAR’’ in this entry or require a license for reasons (C.A.S. 75–44–5); (see 22 CFR parts) (see List of Items set forth elsewhere in the EAR. b.1.b. Cyanogen chloride (C.A.S. 506–77– Controlled). Technical Notes: For purposes of this 4); License Requirements entry, a ‘‘mixture’’ is defined as a solid, b.1.c. Hydrogen cyanide (C.A.S. 74–90–8); liquid or gaseous product made up of two or b.1.d. Chloropicrin: Trichloronitromethane Reason for Control: CW, AT. more ingredients that do not react together Control(s) under normal storage conditions. (CAS 76–06–2). CW applies to entire entry. The Commerce b.2. Precursor chemicals, as follows, and Country Chart is not designed to determine List Based License Exceptions (See Part 740 mixtures in which at least one of the licensing requirements for items controlled for a description of all license exceptions) following precursor chemicals constitutes 30 for CW reasons. A license is required to LVS: N/A percent or more of the weight of the mixture: export or reexport CWC Schedule 2 GBS: N/A b.2.a. [Reserved]; chemicals and mixtures identified in 1C355.a b.2.b. Methyldiethanolamine (C.A.S. 105– List of Items Controlled to States not Party to the CWC (destinations 59–9). not listed in Supplement No. 2 to part 745 Related Controls: See also ECCNs 1C350 of the EAR). A license is required to export 1C351, 1C395, and 1C995. See §§ 742.18 * * * * * CWC Schedule 3 chemicals and mixtures and 745.2 of the EAR for End-Use Matthew S. Borman, identified in 1C355.b to States not Party to Certification requirements. Deputy Assistant Secretary for Export the CWC, unless an End Use Certificate Related Definitions: N/A Administration. issued by the government of the importing Items: country is obtained by the exporter, prior to a. CWC Schedule 2 chemicals and mixtures [FR Doc. 2020–29037 Filed 1–14–21; 8:45 am] export. A license is required to reexport CWC containing Schedule 2 chemicals: BILLING CODE 3510–33–P

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