Amendments to Country Groups for Russia and Yemen Under the Export Administration Regulations

 
CONTENT
Federal Register, Volume 85 Issue 36 (Monday, February 24, 2020)
[Federal Register Volume 85, Number 36 (Monday, February 24, 2020)]
[Rules and Regulations]
[Pages 10274-10278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02941]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 738, 740, and 742
[Docket No. 200204-0044]
RIN 0694-AH93
Amendments to Country Groups for Russia and Yemen Under the
Export Administration Regulations
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: In this final rule, the Bureau of Industry and Security (BIS)
amends the Export Administration Regulations (EAR) to revise the
Country Group designations for the Russian Federation (Russia) and
Yemen based on national security and foreign policy concerns, including
proliferation-related concerns. This action is intended to facilitate
and support accountability in connection with exports and reexports of
items to these destinations under the EAR, and is part of a larger
effort to restructure and re-align the Country Groups based on the
aforementioned interests.
DATES: This rule is effective February 24, 2020.
FOR FURTHER INFORMATION CONTACT: Jodi.Kouts, Director, Chemical and
Biological Controls Division, at email [email protected] or by
phone at (202) 482-6109.
SUPPLEMENTARY INFORMATION:
Background
 The Bureau of Industry and Security (BIS) is currently undertaking
a comprehensive review of all Country Groups in the Export
Administration Regulations (EAR) to ensure that they appropriately
reflect current U.S. national security and foreign policy, including
nonproliferation interests.
 The foundation of this rule derives from the structure and purposes
of the Commerce Country Chart found in Supplement No. 1 to part 738 and
the Country Groups found in Supplement No. 1 to part 740 of the EAR.
The Country Chart contains licensing requirements based on the
destination to which items listed on the Commerce Control List (CCL)
(Supplement No. 1 to part 774) will be exported or reexported and their
corresponding ``Reason for Control,'' which is found in the CCL entry.
An ``X'' in the cell where the ``reason for control'' column intersects
with the row of the destination indicates a license requirement.
Licenses are required to export and reexport items under the EAR for
multilateral reasons (i.e., chemical and biological (CB), nuclear
nonproliferation (NP), national security (NS), and missile technology
(MT)); and for unilateral reasons (i.e., region stability (RS), crime
control (CC) and anti-terrorism (AT)), as well as to implement controls
for firearms convention (FC) and United Nations Security Council
purposes. Controls for United Nations Security Council purposes are
identified by the abbreviation ``UN'' in the applicable CCL entries.
The ``UN'' reason for control is described in Sec. 746. 2(b) of the
EAR.
 In combination with the CCL--the list of items classified and set-
out as Export Control Classification Numbers (ECCNs) and arranged by
categories--the Country Chart allows an exporter to determine whether a
license is required for the export or reexport of an item on the CCL to
the destinations on the Chart, unless otherwise specified in the
particular ECCN entry on the CCL. The lists of Country Groups (A, B, D
and E) set out countries with respect to relative risk and record of
like-minded export controls, and importantly, as a basis for the
availability of exceptions from license requirements described in part
740 (License Exceptions) of the EAR, provided the conditions for the
use of the License Exception are met. Country Groups may also be used
when describing license review policy.
 The two lists--the Commerce Country Chart and Country Groups--were
developed for separate purposes and allow for systematic licensing
determinations. Country Groups are not reviewed unless a license is
required by the Country Chart for exports and reexports of items listed
in the CCL, unless, as mentioned above, otherwise indicated in the ECCN
entry on the CCL.
 Continuing to apply the structure and purposes of the Country Chart
and Country Groups in furtherance of U.S. national security and foreign
policy, including nonproliferation interests, this rule is part of
BIS's review of Country Groups. BIS has determined the current Country
Group designations for Russia and Yemen should be changed to address
U.S. national security, foreign policy, including proliferation
concerns as further described below.
 Specifically, this rule removes Russia from more favorable
treatment under Country Groups A:2 and A:4 and adds it to Country
Groups D:2 and D:4 based on nuclear and missile technology
proliferation concerns, respectively. BIS also amends the licensing
policy for related items to reflect a presumption of denial consistent
with the Country Group changes. Separately, this rule removes Yemen
from more favorable treatment under Country Group B and adds it to
Country Group D:1 to reflect national security concerns.
 As a result of these Country Group changes, certain license
exceptions are no longer available for Russia and Yemen, and licenses
are now required for those destinations in connection with exports,
reexports, and transfers (in-country) of certain controlled items. In
addition, certain transactions may be subject to more stringent
licensing review policies or additional prohibitions as outlined in
other parts of the EAR. With these actions, BIS seeks to ensure
accountability for exports and reexports of items to these
destinations. This rule is the first action related to the larger
effort to re-structure and re-align the Country Groups set forth in
Supplement No. 1 to Part 740 of the EAR.
Specific Amendments
Russia: Country Groups A and D
 In this rule, BIS removes Russia from Country Groups A:2 (Missile
Technology Control Regime) and A:4 (Nuclear Suppliers Group) to address
U.S. concerns about diversion of U.S.-origin items to or from Russia
for prohibited end uses and end users. This rule removes the ``X'' from
Column ``[A:2]'' and the ``X'' from Column ``[A:4]'' in Supplement No.
1 to Part 740 for ``Russia.'' In relation to the changes to Country
Groups A:2 and A:4 for Russia, this rule also adds Russia to Country
Groups of concern D:2 (Nuclear) and D:4 (Missile Technology). This rule
adds an ``X'' in Column ``[D:2]'' and an ``X'' in Column ``[D:4]'' in
Supplement No. 1 to Part 740 for ``Russia.'' Consistent with adding
``Russia'' to Country Group ``[D:2],'' this rule adds an ``X'' in
Column ``NP 1'' for ``Russia'' in Supplement No. 1 to Part 738--
Commerce Country Chart. Finally, BIS revises the licensing policy for
items to Russia to a policy of presumption of denial when the items are
controlled for reasons described under Sec. 742.2 (Proliferation of
chemical and biological weapons), Sec. 742.3 (Nuclear
nonproliferation), or Sec. 742.5 (Missile technology) of the EAR.
However, with regard to NP and MT controls, applications for exports
and reexports of items, which include commodities, software and
technology, to Russia in support of U.S.-Russia civil space cooperation
activities or commercial space launches will be reviewed on a case-by-
case basis.
[[Page 10275]]
 These amendments are consistent with the purpose of this rule to
address U.S. concerns about Russia's lack of cooperation and
accountability for U.S.-origin items and diversion to unauthorized or
prohibited proliferation activities, end uses, and end users.
Specifically, Russia has not been cooperative in allowing BIS to
perform pre-license checks or post-shipment verifications related to
U.S.-origin goods. The presumption of denial under Sec. 742.2 further
accentuates the seriousness with which the United States takes Russia's
use of a ``novichok'' nerve agent in the attack against Sergei Skripal
and his daughter Yulia Skripal in the United Kingdom on March 4, 2018.
Yemen: Country Groups B and D:1
 In this rule, BIS removes Yemen from Country Group B and places
Yemen in the country group of concern for national security reasons,
Country Group D:1 (National Security). Specifically, this rule removes
``Yemen'' from Country Group B in Supplement No. 1 to part 740, and
adds an ``X'' in Column ``[D:1]'' of that Supplement for ``Yemen.''
 These changes are being made to address concerns about diversion of
U.S.-origin items in Yemen for unauthorized purposes, including
prohibited proliferation activities, end uses, and end users. In
addition, there are concerns about the diversion to unauthorized and
prohibited end uses and users of U.S.-origin items controlled for
national security reasons. The ongoing conflict in Yemen has fostered
international terrorism and instability in the Arabian Peninsula,
including the proliferation of small arms, unmanned aerial systems, and
missiles.
Impact of Removing Russia From Country Groups A:2 and A:4 and Adding to
Country Groups D:2 and D:4
 The removal of Russia from Country Groups A:2 and A:4 means a
number of license exceptions are no longer available for Russia, and
previously eligible items now require a license to Russia. Consistent
with removing Russia from Country Groups A:2 and A:4 and adding it to
Country Group D:2, a license is required for the export or reexport of
items subject to NP 1 controls as identified in the applicable Export
Control Classification Numbers (ECCNs) in Supplement No. 1 to part 774
(The Commerce Control List). Denoting this license requirement, this
final rule adds an ``X'' in the NP 1 column of the nuclear
nonproliferation column in Supplement No. 1 to part 738 of the EAR for
Russia. License applications for these items will be reviewed with a
presumption of denial. Consistent with adding Russia to Country Group
D:2, the general prohibition in paragraph (a)(1)(i)(A) of Sec. 744.6,
Restrictions on certain activities of U.S. persons, will be applicable
if the U.S. person exports, reexports, or transfers (in-country) with
``knowledge'' of a prohibited end use in or by Russia.
 Consistent with adding Russia to Country Group D:4, the general
prohibitions in paragraphs (a)(1) and (3) of Sec. 744.3, Restrictions
on certain rocket systems (including ballistic missiles, space launch
vehicles and sounding rockets) and unmanned aerial vehicles (including
cruise missiles, target drones and reconnaissance drones) end-uses,
will be applicable if the exporter, reexporter, or transferor has
``knowledge'' the transaction involves one of those prohibited end uses
in or by Russia. In addition, consistent with adding Russia to Country
Group D:4, the general prohibitions in Sec. 744.6 under paragraphs
(a)(1)(i)(B) and (a)(2)(i) will be applicable if the U.S. person
exports, reexports, or transfers (in country) with ``knowledge'' of one
of those prohibited end uses in or by Russia, or engages in one of
those prohibited activities with ``knowledge'' that it will directly
assist such an end use.
Impact of Removing Yemen From Country Group B and Adding to D:1
 The removal of Yemen from County Group B means that the following
license exceptions will no longer be available: Sec. 740.3, Shipments
of limited value (LVS); Sec. 740.4, Shipments to Country Group B
countries (GBS); and Sec. 740.6, Technology and software under
restriction (TSR). As a corollary, Yemen's addition to Country Group
D:1 means that the following license exceptions, or other portions
thereof, which include limitations related to Country Group D, will no
longer be available: Sec. 740.9, Temporary imports, exports,
reexports, and transfers (in-country) (TMP); Sec. 740.10, Servicing
and replacement of parts and equipment (RPL); Sec. 740.12, Gift
parcels and humanitarian donations (GFT); Sec. 740.14, Baggage (BAG);
Sec. 740.15, Aircraft and vessels (AVS); Sec. 740.16, Additional
permissive reexports (APR); and Sec. 740.17, Encryption, commodities,
software, and technology (ENC).
 Section 742.4(b)(2) of the EAR states the licensing policy for
exports and reexports of national-security controlled items to
destinations in Country Group D:1. That licensing policy is to approve
applications when BIS determines, on a case-by-case basis, that the
items are for civilian use or otherwise would not make a significant
contribution to the military potential of the country of destination
that would prove detrimental to the national security of the United
States. License applications to export or reexport national security
controlled items to Yemen will now be subject to this licensing policy.
 In addition, Yemen's placement in Country Group D:1 will result in
the imposition of restrictions on the export, reexport, and transfer
(in-country) of certain microprocessors to military end uses and end
users in Yemen, pursuant to Sec. 744.17, Restrictions on certain
exports, reexports, and transfers (in-country) of microprocessors and
associated ``software'' and ``technology'' for `military end uses' and
to `military end users.' Furthermore, restrictions on certain exports
and reexports to vessels and aircraft located in Yemeni ports or
registered in Yemen will become effective pursuant to Sec. 744.7,
Restrictions on certain exports to and for the use of certain foreign
vessels or aircraft. Finally, the addition of Yemen to Country Group
D:1 will expand the licensing requirements for reexports of the
foreign-produced direct product of U.S.-origin technology and software
to Yemen pursuant to Sec. 736.2(b)(3), General Prohibition Three.
Export Control Reform Act of 2018
 On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-
4852). ECRA provides the legal basis for BIS's principal authorities
and serves as the authority under which BIS issues this rule. As set
forth in Section 1768 of ECRA, all delegations, rules, regulations,
orders, determinations, licenses, or other forms of administrative
action that were made, issued, conducted, or allowed to become
effective under the Export Administration Act of 1979 (50 U.S.C. 4601
et seq.) (as in effect on August 12, 2018, and as continued in effect
pursuant to the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.)), or under the Export Administration Regulations, and
were in effect as of August 13, 2018, shall continue in effect
according to their terms until modified, superseded, set aside, or
revoked under the authority of ECRA.
Rulemaking Requirements
 1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is
[[Page 10276]]
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, distribute impacts, and equity). Executive Order 13563
emphasizes the importance of quantifying both costs and benefits, of
reducing costs, of harmonizing rules, and of promoting flexibility.
This final rule has been designated a ``significant regulatory
action,'' although not economically significant, under section 3(f) of
Executive Order 12866. This final rule will support the national
security and foreign policy objectives of the United States by
broadening the U.S. Government's visibility into exports, reexports,
and transfers (in-country), for a country of concern when the
transactions involve national security controlled items and items
controlled for proliferation reasons.
 2. Notwithstanding any other provision of law, no person may be
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of 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. This 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 increase slightly by 4 hours
for an estimated cost increase of $120. This increase is not expected
to exceed the existing estimates currently associated with OMB control
number 0694-0088.
 3. This rule does not contain policies with federalism implications
as that term is defined under Executive Order 13132.
 4. Pursuant to section 1762 of the Export Control Reform Act of
2018 (50 U.S.C. 4801-4852), which was included in the John S. McCain
National Defense Authorization Act for Fiscal Year 2019, this action is
exempt from the Administrative Procedure Act (5 U.S.C. 553)
requirements for notice of proposed rulemaking, opportunity for public
participation, and delay in effective date.
 5. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required, and none
has been prepared.
 6. This final rule is not subject to the requirements of Executive
Order 13771 (82 FR 9339, February 3, 2017) because it is issued with
respect to a national security function of the United States. The cost-
benefit analysis required pursuant to Executive Orders 12866 and 13563
indicates that this rule is intended to improve national security as
its primary direct benefit. Specifically, revising the status of the
Country Group designations for Russia and Yemen in this rule protects
the United States and allies by serving the priorities of reducing the
risk that exports, reexports, and transfers (in-country) of items
subject to the EAR could be diverted and contribute to weapons of mass
destruction proliferation and the military capability of countries of
concern, contrary to U.S. national security interests. Accordingly,
this rule meets the requirements set forth in the April 5, 2017 OMB
guidance implementing Executive Order 13771 (82 FR 9339, February 3,
2017), regarding what constitutes a regulation issued ``with respect to
a national security function of the United States,'' and is, therefore,
exempt from the requirements of Executive Order 13771.
Savings Clause
 Shipments of items removed from license exception eligibility or
eligibility for export, reexport or transfer (in country) without a
license as a result of this regulatory action that were on dock for
loading, on lighter, laden aboard and exporting carrier, or en route
aboard a carrier to a port of export, on February 24, 2020, pursuant to
actual orders for exports, reexports and transfers (in country) to a
foreign destination, may proceed to that destination under the previous
license exception eligibility or without a license so long as they have
been exported, reexported or transferred (in-country) before 30 days
from date of publication. Any such items not actually exported,
reexported or transferred (in-country) before midnight on March 25,
2020 require a license in accordance with this final rule.
List of Subjects
15 CFR Part 738
 Exports.
15 CFR Part 740
 Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 742
 Exports, Terrorism.
 Accordingly, parts 738, 740, and 742 of the Export Administration
Regulations (15 CFR parts 730-774) are amended as follows:
PART 738--COMMERCE CONTROL LIST OVERVIEW AND THE COUNTRY CHART
0
1. The authority citation for part 738 is revised to read as follows:
 Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 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. 1824a; 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.
0
2. Supplement No. 1 to part 738 is amended by revising the entry for
``Russia'' to read as follows:
 Supplement No. 1 to Part 738--Commerce Country Chart
 [Reason for control]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 Chemical and biological Nuclear National security Missile Regional stability Firearms Crime control Anti-terrorism
 weapons nonproliferation -------------------- tech convention -------------------------------------------------
 Countries -------------------------------------------------- --------------------------------------------
 CB 1 CB 2 CB 3 NP 1 NP 2 NS 1 NS 2 MT 1 RS 1 RS 2 FC 1 CC 1 CC 2 CC 3 AT 1 AT 2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 * * * * * * *
Russia \6\.................. X X X X ........ X X X X X ............ X X ........ ........ ........

 * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 * * * * * * *
\6\ See Sec. 746.5 for additional license requirements under the Russian Industry Sector Sanctions for ECCNs 0A998, 1C992, 3A229, 3A231, 3A232, 6A991, 8A992, and 8D999.
[[Page 10277]]
* * * * *
PART 740--LICENSE EXCEPTIONS
0
3. The authority citation for part 740 continues to read as follows:
 Authority: 50 U.S.C. 4801-4852; 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.
0
4. Supplement No. 1 to part 740 is amended by:
0
a. In the Country Group A table:
0
i. Revising the table headings for [A:2] and [A:4], the entries for
Russia and Ukraine, and footnote 2; and
0
ii. Redesignating footnote 3 as footnote 4, adding a new footnote 3,
and revising newly redesignated footnote 4; and
0
b. In the Country Group D table, revising the entries for Russia and
Yemen and footnote 1.
 The revisions read as follows:
 Supplement No. 1 to Part 740--Country Groups
 [Country Group A]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 [A:1] [A:2] Missile
 Wassenaar technology [A:3] [A:4] Nuclear
 Country participating control regime Australia suppliers [A:5] [A:6]
 states \1\ \2\ group group \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------

 * * * * * * *
Russia 1 2 3............................................ .............. .............. .............. .............. .............. ..............

 * * * * * * *
Ukraine \4\............................................. .............. X X X .............. ..............

 * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Country Group A:1 is a list of the Wassenaar Arrangement Participating States, except for Malta, Russia and Ukraine.
\2\ Country Group A:2 is a list of the Missile Technology Control Regime countries, except for Russia.
\3\ Country Group A:4 is a list of the Nuclear Suppliers Group countries, except for the People's Republic of China (PRC) and Russia.
\4\ For purposes of this supplement, as well as any other EAR provision that references the Country Groups, the designations for Ukraine also apply to
 the Crimea region of Ukraine. See Sec. 746.6(c) of the EAR for an exhaustive listing of license exceptions that are available for the Crimea region
 of Ukraine. No other EAR license exceptions are available for the Crimea region of Ukraine. The Crimea region of Ukraine includes the land territory
 in that region as well as any maritime area over which sovereignty, sovereign rights, or jurisdiction is claimed based on purported annexation of that
 land territory.
 * * * * * * *

 [Country Group D]
----------------------------------------------------------------------------------------------------------------
 [D: 1] [D: 3] [D: 5] U.S.
 Country National [D: 2] Nuclear Chemical & [D: 4] Missile arms embargoed
 security biological technology countries \1\
----------------------------------------------------------------------------------------------------------------

 * * * * * * *

 * * * * * * *
Russia.......................... X X X X ..............

 * * * * * * *
Yemen........................... X .............. X 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 at
 http://www.pmddtc.state.gov/embargoed_countries/index.html) 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 Department's list of countries subject to U.S. arms embargoes shall be controlling.
* * * * *
PART 742--CONTROL POLICY--CCL BASED CONTROLS
0
5. The authority citation for part 742 is revised to read as follows:
 Authority: 50 U.S.C. 4801-4852; 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. 108-11, 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 2003-23, 68 FR 26459, 3 CFR, 2004
Comp., p. 320; Notice of November 12, 2019, 84 FR 61817 (November
13, 2018).
0
6. Section 742.2 is amended by revising paragraph (b)(4) to read as
follows:
Sec. 742.2 Proliferation of chemical and biological weapons.
* * * * *
 (b) * * *
 (4) License applications for items described in paragraph (a) of
this section, when destined for the People's Republic of China will be
reviewed in accordance with the licensing policies in both paragraph
(b) of this section and Sec. 742.4(b)(7). When such items are destined
to Russia, license applications will be reviewed under a presumption of
denial.
* * * * *
0
7. Section 742.3 is amended by revising paragraph (b)(4) to read as
follows:
Sec. 742.3 Nuclear nonproliferation.
* * * * *
 (b) * * *
 (4) License applications for items described in paragraph (a) of
this section, when destined for the People's Republic of China will be
reviewed in accordance with the licensing policies in both paragraph
(b) of this section and Sec. 742.4(b)(7). When such items are destined
to Russia, license applications will be reviewed under a presumption of
denial. However, exports and reexports of items to Russia in support of
U.S.-Russia civil space cooperation activities or commercial space
launches will be reviewed on a case-by-case basis.
* * * * *
0
8. Section 742.5 is amended by adding two sentences at the end of
paragraph (b)(5) to read as follows:
Sec. 742.5 Missile technology.
* * * * *
 (b) * * *
[[Page 10278]]
 (5) * * * When such items are destined to Russia, license
applications will be reviewed under a presumption of denial. However,
exports and reexports of items to Russia in support of U.S.-Russia
civil space cooperation activities or commercial space launches will be
reviewed on a case-by-case basis.
* * * * *
 Dated: February 10, 2020.
Richard E. Ashooh,
Assistant Secretary for Export Administration.
[FR Doc. 2020-02941 Filed 2-21-20; 8:45 am]
 BILLING CODE 3510-33-P