Department of Commerce, Bureau of Industry and Security: General Order Implementing Syria Accountability and Lebanese Sovereignty Act of 2003

GAO-04-828R: May 27, 2004

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GAO reviewed the Department of Commerce, Bureau of Industry and Security's new rule entitled "General Order Implementing Syria Accountability and Lebanese Sovereignty Act of 2003." GAO found that (1) the rule would require a prohibition on the export to Syria of all items on the Commerce Control List pursuant to the Syria Accountability and Lebanese Sovereignty Act of 2003 (the SAA), which also requires that the President impose two or more of the six additional sanctions set forth in the SAA; and (2) Commerce complied with applicable requirements in promulgating the rule.

Department of Commerce, Bureau of Industry and Security: General Order Implementing Syria Accountability and Lebanese Sovereignty Act of 2003, GAO-04-828R, May 27, 2004





    B-294107


    May 27, 2004

    The Honorable Richard G. Lugar
    Chairman
    The Honorable Joseph R. Biden, Jr.
    Ranking Minority Member
    Committee on Foreign Relations
    United States Senate


    The Honorable Henry J. Hyde
    Chairman
    The Honorable Tom Lantos
    Ranking Minority Member
    Committee on International Relations
    House of Representatives


    Subject: Department of Commerce, Bureau of Industry and Security: General Order Implementing Syria Accountability and Lebanese Sovereignty Act of 2003

    Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Commerce, Bureau of Industry and Security, entitled –General Order Implementing Syria Accountability and Lebanese Sovereignty Act of 2003— (RIN: 0694-AC99). We received the rule on May 13, 2004. It was published in the Federal Register as a final rule on May 14, 2004. 69 Fed. Reg. 26766.

    The final rule requires a prohibition on the export to Syria of all items on the Commerce Control List pursuant to the Syria Accountability and Lebanese Sovereignty Act of 2003 (the SAA). The SAA also requires that the President impose two or more of the six additional sanctions set forth in the SAA. One of the sanctions chosen prohibits the export of products of the United States, other than food and medicine, to Syria.

    Enclosed is our assessment of Commerce's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review indicates that Commerce complied with the applicable requirements.

    If you have any questions about this report, please contact James W. Vickers, Assistant General Counsel, at (202) 512-8210. The official responsible for GAO evaluation work relating to the subject matter of the rule is Thomas McCool, Managing Director, Financial Markets and Community Investment. Mr. McCool can be reached at (202) 512-8678.


    signed

    Kathleen E. Wannisky
    Managing Associate General Counsel

    Enclosure

    cc: Peter Lichtenbuam
    Assistant Secretary for
    Export Administration
    Department of Commerce



    ENCLOSURE

    ANALYSIS UNDER 5 U.S.C. 801(a)(1)(B)(i)-(iv) OF A MAJOR RULE
    ISSUED BY THE
    DEPARTMENT OF COMMERCE,
    BUREAU OF INDUSTRY AND SECURITY
    ENTITLED
    "GENERAL ORDER IMPLEMENTING SYRIA ACCOUNTABILITY
    AND LEBANESE SOVEREIGNTY ACT OF 2003"
    (RIN: 0694-AC99)



    (i) Cost-benefit analysis

    According to Commerce, the cost impact of the final rule is the loss of exports to Syria, other than food and medicine, which totaled $140 million in 2003.

    (ii) Agency actions relevant to the Regulatory Flexibility Act, 5 U.S.C. 603-605, 607, and 609

    Since a notice of proposed rulemaking did not precede the final rule, the requirements of the Regulatory Flexibility Act are not applicable.

    (iii) Agency actions relevant to sections 202-205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532-1535

    The final rule does not contain either an intergovernmental or private sector mandate, as defined in title II, of more than $100 million in any one year.

    (iv) Other relevant information or requirements under acts and executive orders

    Administrative Procedure Act, 5 U.S.C. 551 et seq.

    Commerce was not required to use the notice and comment procedures found at 5 U.S.C. 553 because the rule involves a military and foreign affairs function of the United States. 5 U.S.C. 553(a)(1).

    Paperwork Reduction Act, 44 U.S.C. 3501-3520

    The final rule contains an information collection that is subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act. OMB has approved the collection, which carries a burden hour estimate of 58 minutes and assigned Control No. 0694-0088.

    Statutory authorization for the rule

    The final rule was promulgated under the authority of section 5 of the Syria Accountability and Lebanese Sovereignty Act of 2003 (Pub. L. 108-175, codified as a note to 22 U.S.C. 2151).

    Executive Order No. 12866

    The final rule was reviewed by OMB and found to be an –economically significant— regulatory action under the order.

    Executive Order No. 13132 (Federalism)

    The final rule does not have any federalism implications under the order.