[Federal Register Volume 64, Number 58 (Friday, March 26, 1999)]
[Rules and Regulations]
[Pages 14605-14606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7438]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
15 CFR Part 744
[Docket No. 970428099-9015-08]
RIN 0694-AB60
Entity List: Addition of Russian Entities; and Revisions to
Certain Indian and Pakistani Entities
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 adds to the entity list three
Russian entities. Exports or reexports of all items subject to the EAR
to these newly added entities now require a license, and applications
will be reviewed with a presumption of denial.
EFFECTIVE DATE: This rule is effective March 26, 1999.
FOR FURTHER INFORMATION CONTACT: Eileen M. Albanese, Office of Exporter
Services, Bureau of Export Administration, Telephone: (202) 482-0436.
SUPPLEMENTARY INFORMATION:
Background
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. This rule adds three entities in Russia to this list.
This rule also makes editorial changes and adds clarifying revisions to
the Entity List.
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 (60 FR
42767), August 14, 1996 (61 FR 42527), August 13, 1997 (62 FR 43629)
and August 13, 1998 (63 FR 44121).
Rulemaking Requirements
1. This final rule has been determined to be not significant for
the 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 requirements 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 requiring
notice of proposed rulemaking, the opportunity for public
participation, and a delay in effective date, are inapplicable because
this regulation involves a military or foreign affairs function of the
United States (see 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 rule. 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 inapplicable.
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, Office of Exporter Services, 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., 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; Notice of August 15, 1995 (60
FR 42767, August 17, 1995); Notice of August 14, 1996 (61 FR 42527);
Notice of August 13, 1997 (62 FR 43629, August 15, 1997); Notice of
August 13, 1998 (63 FR 44121, August 17, 1998).
PART 744--[AMENDED]
2. Part 744 is amended by revising Sec. 744.10 to read as follows:
Sec. 744.10 Restrictions on certain entities in Russia.
(a) General prohibition. Certain entities in Russia are included in
Supplement No. 4 to this part 744 (Entity List). (See also
Sec. 744.1(c) of the EAR.) Exporters are hereby informed that these
entities are ineligible to receive any items subject to the EAR without
a license.
(b) Exceptions. No License Exceptions apply to the prohibition
described in paragraph (a) of this section.
(c) License review standards. Applications to export or reexport
items subject to the EAR to these entities will be reviewed with a
presumption of denial.
3. Supplement No. 4 to part 744 is amended by:
[[Page 14606]]
(a) Placing the Indian entity ``Department of Atomic Energy (DAE)
located in Mumbai (formerly Bombay) and subordinate entities
specifically listed in this Supplement.'' in alphabetical order;
(b) Revising the Pakistani entity name ``Khewra Soda Ash Plant'',
to read ``Khewra Soda Ash Plant, Soda Ash Businesses, Soda Ash Works,
Khewra Distt. Jhelum, (owned by ICI Pakistan Limited).'';
(c) Revising the Russian entity name ``Glavkosmos, 9
Krasnoproletarskaya st., 103030 Moscow.'' to read ``Glavkosmos, 9
Krasnoproletarskaya St., 103030 Moscow.''; and
(d) Adding, in alphabetical order, the following entries:
Supplement No. 4 to Part 744--Entity List
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License License review Federal Register
Country Entity requirement policy citation
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* * * * * *
*
Russia: Medeleyev For all items Presumption of 64 FR 14606 March
University of subject to the denial. 26, 1999.
Chemical EAR (see Sec.
Technology of 744.10 of the
Russia (including EAR).
at 9 Miusskaya
Sq. Moscow
125047, Russia).
* * * * * *
*
Moscow Aviation For all items Presumption of 64 FR 14606 March
Institute (MAI) subject to the denial. 26, 1999.
(including at 4 EAR (see Sec.
Volokolamskoye 744.10 of the
Shosse, Moscow EAR).
125871, Russia).
* * * * * *
*
The Scientific For all items Presumption of 64 FR 14606 March
Research and subject to the denial. 26, 1999
Design Institute EAR (see Sec.
of Power 744.10 of the
Technology EAR).
(a.k.a. NIKIET,
Research and
Development
Institute of
Power Engineering
(RDIPE), and
ENTEK) (including
at 101000, P.O.
Box 788, Moscow,
Russia).
* * * * * *
*
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Dated: March 19, 1999.
R. Roger Majak,
Assistant Secretary for Export Administration.
[FR Doc. 99-7438 Filed 3-25-99; 8:45 am]
BILLING CODE 3510-33-P