EAR Revisions: Additions to the Entity List; Final Rules

[Federal Register: June 30, 1997 (Volume 62, Number 125)]
[Rules and Regulations]
[Page 35333-35335]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn97-19]

[[Page 35333]]

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Part VI

Department of Commerce

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Bureau of Export Administration
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15 CFR Part 744

Revisions to the Export Administration Regulations: Additions to the
Entity List; Final Rules

[[Page 35334]]

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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 744

[Docket No. 970428099-7150-02]
RIN 0694-AB60


Revisions to the Export Administration Regulations: Additions to
the Entity List


AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

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SUMMARY: The Export Administration Regulations (EAR) provide that the
Bureau of Export Administration (BXA) may inform exporters,
individually or through amendment to the EAR, that a license is
required for exports or reexports to certain entities. The EAR contains
a list of such entities. This rule makes several additions to the
entity list.

EFFECTIVE DATE: This rule is effective June 30, 1997.

FOR FURTHER INFORMATION CONTACT: Eileen Albanese, Office of Exporter
Services, Bureau of Export Administration, Telephone: (202) 482-0436.

SUPPLEMENTARY INFORMATION:

Background

    On February 3, 1997, the Bureau of Export Administration published
in the Federal Register a rule that established the ``Entity List''
found in Supplement No. 4 to Part 744 of the Export Administration
Regulations. The Entity List was established to inform exporters about
entities that are ineligible to receive specified items without a
license.
    General Prohibition Five (Sec. 736.2(b)(5) of the EAR) prohibits
exports and reexports to certain end-users or end-uses (described in
part 744 of the EAR) without a license. In the form of Supplement No. 4
to part 744, BXA maintains an ``Entity List'' to provide notice
informing the public of certain entities subject to such licensing
requirements.
    Although the Export Administration Act (EAA) expired on August 20,
1994, the President invoked the International Emergency Economic Powers
Act and continued in effect, to the extent permitted by law, the
provisions of the EAA and the EAR in Executive Order 12924 of August
19, 1994, continued by Presidential notices of August 15, 1995 and
August 14, 1996.

Rulemaking Requirements

    1. This final 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 nor be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. This rule involves a
collection of information subject to the Paperwork Reduction Act of
1980 (44 U.S.C. 3501 et seq.). This collection has been approved by the
Office of Management and Budget under control number 0694-0088.
    3. This rule does not contain policies with Federalism implications
sufficient to warrant preparation of a Federalism assessment under
Executive Order 12612.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (Sec. 5 U.S.C. 553(a)(1)). Further, no
other law requires that a notice of proposed rulemaking and an
opportunity for public comment be given for this final rule. Because a
notice of proposed rulemaking and an opportunity for public comment are
not required to be given for this rule under 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.
    Therefore, this regulation is issued in final form. Although there
is no formal comment period, public comments on this regulation are
welcome on a continuing basis. Comments should be submitted to Sharron
Cook, Regulatory Policy Division, Bureau of Export Administration,
Department of Commerce, P.O. Box 273, Washington, DC 20044.

List of Subjects in 15 CFR Part 744

    Exports, Foreign trade, Reporting and recordkeeping requirements.
    Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730-774) is amended, as follows:
    1. The authority citation for 15 CFR part 744 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 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. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; E.O.
12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026 (61 FR
58767, November 19, 1996); Notice of August 15, 1995, 3 CFR, 1995
Comp., p. 501; and Notice of August 14, 1996 (61 FR 42527, August
15, 1996).

PART 744--[AMENDED]

    2. Supplement No. 4 to part 744 is amended by adding, in
alphabetical order, the following entities:

Supplement No. 4 to Part 744--Entity List

    All-Russian Scientific Research Institute of Technical Physics,
(aka VNIITF, Chelyabinsk-70, All-Russian Research Institute of
Technical Physics, ARITP, Russian Federal Nuclear Center), the All-
Union Scientific Research Institute of Experimental Physics, (aka
VNIIEF, Arzamas-16, Russian Federal Nuclear Center, All Russian
Research Institute of Experimental Physics, ARIEP, Khariton Institute)
and any other entities, institutes, or centers associated with the
Ministry for Atomic Power of Russia located in either Snezhinsk or
Kremlev, Russia, for all items subject to the EAR.
    Bhaba Atomic Research Center (BARC), Trombay, India, for all items
subject to the EAR.
* * * * *
    Chinese Academy of Engineering Physics (aka Ninth Academy,
including the Southwest Institutes of: Applied Electronics, Chemical
Materials, Electronic Engineering, Explosives and Chemical Engineering,
Environmental Testing, Fluid Physics, General Designing and Assembly,
Machining Technology, Materials, Nuclear Physics and Chemistry,
Structural Mechanics; Research and Applications of Special Materials
Factory; Southwest Computing Center (all of preceding located in or
near Mianyang, Sichuan Province); Institute of Applied Physics and
Computational Mathematics, Beijing; and High Power Laser Laboratory,
Shanghai, People's Republic of China), for all items subject to the
EAR.
    Indira Gandhi Center for Atomic Research, Khalpakham, India, for
all items subject to the EAR.
    Khan Research Laboratory, Kahuta, Pakistan, for all items subject
to the EAR.
    Nuclear Research Center at Negev, Dimona, Israel, for all items
subject to the EAR.
    Pakistan Institute for Nuclear Science and Technology, Rawalpindi,
Pakistan, (including New Labs Rawalpindi) for all items subject to the
EAR.

[[Page 35335]]

    Dated: June 26, 1997.
Iain S. Baird,
Acting Assistant Secretary for Export Administration.
[FR Doc. 97-17146 Filed 6-27-97; 8:45 am]
BILLING CODE 3510-33-P


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