17 November 1997 Source: http://www.access.gpo.gov/su_docs/aces/aces140.html ----------------------------------------------------------------------- [Federal Register: November 17, 1997 (Volume 62, Number 221)] [Notices] [Page 61269] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr17no97-25] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Export Administration Reporting and Recordkeeping Requirements Under the Wassenaar Arrangement ACTION: Proposed collection; comment request. ----------------------------------------------------------------------- SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). DATES: Written comments must be submitted on or before January 16, 1998. ADDRESSES: Direct all written comments to Linda Engelmeier, Departmental Forms Clearance Officer, Department of Commerce, Room 5327, 14th and Constitution Avenue, NW, Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Stephen Baker, Bureau of Export Administration (BXA), Department of Commerce, Room 6877, 14th and Constitution Avenue, NW, Washington, DC 20230 (telephone no. (202)482-3673). SUPPLEMENTARY INFORMATION: I. Abstract The information required by this collection is required biannually from all exporters of certain items specified in section 743.1 of the Export Administration Regulations controlled for national security reasons on the Commerce Control List and exported under certain License Exceptions. A--Items controlled and decontrolled by the list. With the publication of the Wassenaar Arrangement's Dual-Use List, some items will be decontrolled for national security reasons and new controls will be placed on some items. BXA estimates that we will receive approximately 75 fewer applications because of these decontrols. But, this will be counteracted be approximately 45 new applications because of some new items added to the list. B--Reporting and recordkeeping on license exceptions. Under the Wassenaar Arrangement, the U.S. Government must report twice a year to the other members on aggregate usage of 81 export control entries. The aggregate numbers are readily available from BXA's Export Control Automated Support System (ECASS), except when a licensing exception is used. It is very difficult for BXA to determine usage of licensing exceptions because the exporter determines if the licensing exception applies to a certain commodity and then exports that commodity if the licensing exception applies. BXA receives no record of licensing exception uses. Because one or more of six licensing exceptions could be used with the 81 export control entries subject to Wassenaar Arrangement reporting, BXA must require exporters to keep a record of each time they use a licensing exception for one of the 81 export control entries (except for the destinations identified in Country Group A:1 of Supplement No. 1 to part 740 of the EAR) and submit this report to BXA biannually in time for the U.S. Government to make its report to the Wassenaar members. C--Removing license exception availability. The Wassenaar Arrangement's Dual-Use List is composed of three parts: the Basic List, the Sensitive List and the Very Sensitive List. The United States allows some items on the Sensitive List to be shipped to some destinations using a licensing exception. The reporting and recordkeeping requirements described above will enable the United States to keep watch over these items. Currently, the United States also permits some items on the Very Sensitive List to be exported to some destinations using a licence exception. Therefore, in deference to our partners in the Wassenaar Arrangement, the United States is withdrawing the license exception privilege for any item on the Very Sensitive List. These items are mainly for licensing exception TSR, ``Technology and Software under Restriction.'' D--Removing license exceptions for missile tech items. The rule implementing the Wassenaar Arrangement's Dual-Use List removes license exception availability for missile technology controlled items. The decision to remove license exception availability was an interagency based agreement, particularly consultations with the Department of State. II. Method of Collection The information will be collected in electronic and written form. III. Data OMB Number: 0694-0106. Form Number: N/A. Type of Review: Regular Submission. Affected Public: Businesses and other for-profit institutions, small businesses or organizations. Estimated Number of Respondents: 2,275. Estimated Time Per Response: 12 minutes. Estimated Total Annual Burden Hours: 851 hours. Estimated Total Annual Cost: $17,020 for respondents--no equipment or other materials will need to be purchased to comply with the requirement. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: November 10, 1997. Linda Engelmeier, Departmental Forms Clearance Officer, Office of Management and Organization. [FR Doc. 97-30093 Filed 11-14-97; 8:45 am] BILLING CODE 3510-33-P