Export Administration Regulations (EAR): Transfer of Access Information and Release of Software (Source Code and Object Code)
| Citation | 88 FR 63840 |
| Published date | 18 September 2023 |
| Record Number | 2023-20128 |
| Court | Industry And Security Bureau |
| Section | Rules and Regulations |
Federal Register, Volume 88 Issue 179 (Monday, September 18, 2023)
[Federal Register Volume 88, Number 179 (Monday, September 18, 2023)]
[Rules and Regulations]
[Pages 63840-63841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20128]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 734
[Docket No. 230907-0214]
RIN 0694-AJ37
Export Administration Regulations (EAR): Transfer of Access
Information and Release of Software (Source Code and Object Code)
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule; technical correction.
-----------------------------------------------------------------------
SUMMARY: In this final rule, the Bureau of Industry and Security (BIS)
amends the Export Administration Regulations (EAR) to make a technical
correction that also serves to clarify provisions of the EAR pertaining
to the release of ``software'' as set out in the sections on release
and transfer of access information. This final rule clarifies an
ambiguity in the EAR by adding a cross-reference addressing transfer of
access information in the section on releases of ``technology'' and
``software,'' as was originally intended. In addition, this final rule
adds a clarifying note that, for purposes of transfer of access
information, a release of ``software'' includes both source code and
object code.
DATES: This rule is effective September 18, 2023.
FOR FURTHER INFORMATION CONTACT: For questions on these technical
corrections, contact Eileen Albanese, Director, Office of National
Security and Technology Transfer Controls, Bureau of Industry and
Security, Department of Commerce, Phone: (202) 482-0092, Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
In this final rule, BIS amends the EAR to make a technical
correction that also serves to clarify provisions of the EAR that
pertain to the release of ``software.'' On June 3, 2016, BIS published
the final rule, Revisions to Definitions in the Export Administration
Regulations (81 FR 35568) (June 3 rule). The June 3 rule added
provisions to address releases of ``technology'' and ``software'' under
Sec. 734.15 and transfer of access information under Sec. 734.19. In
Sec. 734.15, this final rule clarifies an ambiguity by adding a cross
reference to Sec. 734.19. In Sec. 734.19, this final rule adds a new
note to the section clarifying that for purposes of transfer of access
information, a release of ``software'' includes source code and object
code.
[[Page 63841]]
The definition of the term ``software'' in Sec. 772.1 includes
both source code and object code, and ``software'' is used as a defined
term in Sec. 734.19. Accordingly, the note added in this rule will
eliminate potential uncertainty that the Sec. 734.15 definition of
``release'' limits Sec. 734.19 to only controlling transfers of access
information that release source code, rather than both source code and
object code.
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.
Rulemaking Requirements
1. This rule has been determined to be not significant for purposes
of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
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 an
information collection approved by OMB under control number 0694-0088,
Simplified Network Application Processing System. BIS does not
anticipate a change to the burden hours associated with this collection
as a result of this rule. Information regarding the collection,
including all supporting materials, can be accessed at https://www.reginfo.gov/public/do/PRAMain.
3. This rule does not contain policies with federalism implications
as that term is defined in Executive Order 13132.
4. Pursuant to section 1762 of the Export Control Reform Act of
2018, 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.
List of Subjects 15 CFR Part 734
Administrative practice and procedure, Exports, Inventions and
patents, Research, Science and technology.
Accordingly, 15 CFR part 734 is corrected by making the following
correcting amendments:
PART 734--SCOPE OF THE EXPORT ADMINISTRATION REGULATIONS
0
1. The authority citation for part 734 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.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp.,
p. 223; Notice of November 8, 2022, 87 FR 68015 (November 10, 2022).
0
2. Section 734.15 is amended by revising paragraph (a) introductory
text to read as follows:
Sec. 734.15 Release.
(a) Except as set forth in Sec. Sec. 734.18 and 734.19,
``technology'' and ``software'' are ``released'' through:
* * * * *
0
3. Section 734.19 is amended by adding a note at the end of the section
to read as follows:
Sec. 734.19 Transfer of access information.
* * * * *
Note 1 to Sec. 734.19: For purposes of this section, a release of
``software'' includes source code and object code.
Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2023-20128 Filed 9-15-23; 8:45 am]
BILLING CODE 3510-33-P
