Export Administration Regulations Rewritten

Export Administration Regulations Rewritten in United States

Modified: Export Administration Regulations Rewritten in the History of U.S. Economic Sanctions Imposed against China

Date of the sanction(s): MARCH 25, 1996

The Bureau of Export Administration, Department of Commerce, issued new interim Export Administration Regulations (EAR) on March 25, 1996, which reorganized the licensing process and categories of restricted licenses for exportation. The interim regulations go into effect on April 24, 1996, and compliance with the new EAR is required no later than November 1, 1996. In the meantime, current licensing procedures are reclassified at 15 CFR 770A-799A.

Some Observations

The new EAR are not intended to change policy, but only to streamline the licensing process. In the new EAR, generally, China:

! is ranked in Tier 3 for computer exports, making it eligible for License Exception CTP for computers with a Composite Theoretical Performance (CTP) greater than 2,000 MTOPS but less than or equal to 7,000 MTOPS (Hong Kong and Taiwan, in Tier 2, are eligible for computers of less than 10,000 MTOPS with a License Exception CTP). License Exception CTP does not authorize export for military end-users and end-uses, and nuclear, chemical, biological, or missile end-users and end-uses. Such exports require a license and are considered on a case-by-case basis.

! is placed on the Country Group D list, specifically restricting exports under national security controls (D:1 subgroup), chemical and biological controls (D:3 subgroup), and missile technology controls (D:4 subgroup).

! separate from the country group list, is subject to licensing, restricted, and in some cases prohibited, for export in the following categories: chemical and biological, nuclear nonproliferation, national security, missile technology, regional stability, and crime control.

Sanctions by Authority:

15 CFR 738, 740, 742, 744, 774 (61 F.R. 12714-13041)

Occasion(s) Detailed

See May 27, 1991, for original sanction ; see also January 22, 1996

Note: Based on the China: U.S. Economic Sanctions Report.

Resources

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